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   State Courts - Florida - March 12, 2008
  
City of Miami v. Gutierrez, No. 3D07-1892, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 12, 2008, Opinion Filed
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Comer v. State, Case No. 2D06-2035, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 12, 2008, Opinion Filed
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Cooper v. State, No. 3D08-199 Consolidated 3D08-130, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 12, 2008, Opinion Filed
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Coots v. Coots, No. 4D07-1046, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 12, 2008, Decided
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Crossin v. Crossin, No. 4D06-4899, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 12, 2008, Decided
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Overview: Trial court erred in basing a former husband's child support obligation on the parties' pre-divorce standard of living, as he testified without contradiction that all his income came from illicit activities. The trial court had to determine the husband's actual earning capacity from legal pursuits in calculating child support.

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De Vico v. Berkell, No. 3D07-2167, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 12, 2008, Opinion Filed
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Overview: Client died; attorney and firm he sued filed suggestion of death under Fla. R. Civ. P. 1.260. As clients personal representative was confused, and within days of her counsel's discovery that probate estate had been opened, he filed untimely motion for substitution of party and motion for enlargement of time, excusable neglect precluded dismissal.

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DiMarco v. Colee Court, Inc., No. 4D07-2867, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 12, 2008, Decided
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Overview: Summary judgment was improperly granted to a corporation in a former tenant's negligence action. Trial court failed to complete its analysis by determining whether the corporation had used reasonable care in maintaining the property. A finding that the condition of a paver was open and obvious did not discharge the corporation's duty to maintain.

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Doyle v. State, No. 3D07-3230, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 12, 2008, Opinion Filed
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Overview: Where inmate sought a writ of mandamus seeking to compel a Florida trial court to rule on his motion to correct an illegal sentence, as the State alleged that neither it nor the trial court was in possession of the inmate's motion, it was dismissed without prejudice to file a new post-conviction motion in the trial court.

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E.G. v. Dep't of Children & Family Servs., No. 3D08-288, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 12, 2008, Opinion Filed
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Overview: Under ? 39.402, Fla. Stat., court was entitled to enter shelter order, even if department of children and family services had not requested one, as, in course of hearing on petition for court-ordered services, it found that children were in peril. But department had to then file shelter petition or amend petition under Fla. R. Juv. P. 8.660(c).

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Faxas v. State, No. 4D08-246, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 12, 2008, Decided
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