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State Courts -
Florida - March 12, 2008
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Frederic v. State, No. 4D07-2262,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 12, 2008, Decided
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Overview: Victim testified inmate had sex with her, and DNA test indicated 99.9 percent probability he was father of her baby. Jury, in convicting him of sexual battery, made no finding of sexual penetration, but courts calculation including points for penetration did not require resentencing under Apprendi, as rational jury would have found penetration.
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Hetherly v. Sawgrass Tavern Inc., No. 4D07-2019,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 12, 2008, Decided
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Overview: After a tavern served alcohol to minor patrons, they burgled a house and beat the tenant with a beer bottle; he defended himself, and patrons were injured. Patrons' claim against tavern under Florida Dram Shop Act, ? 768.125, Fla. Stat., was barred by ? 776.085(1), Fla. Stat., as their injuries were incurred during commission of forcible felonies.
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K.F. v. State, No. 3D07-876,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 12, 2008, Opinion Filed
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Overview: State failed to meet its burden of proving trespass in a structure or a conveyance, ? 810.08, Fla. Stat., against appellant juvenile, or trespass on property other than a structure or a conveyance because trial court found, consistent with the testimony presented by the State's witnesses, that appellant never entered the building in question.
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Ledesma v. Iglesias, No. 4D07-734,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 12, 2008, Decided
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Overview: As appellee's settlement proposal was clear and unambiguous and complied with ? 768.79, Fla. Stat. (2005), and Fla. R. Civ. P. 1.442, and only required appellants to indemnify him against liens or claims, not to swear they had no unpaid claims, their failure to accept it entitled appellee to costs and attorney's fees after he prevailed in suit.
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Martin v. Gulfstream Metal Plating, Inc., No. 4D07-1916,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 12, 2008, Decided
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Overview: A dog plaintiff was walking ran around her in an effort to reach another dog; her feet became entangled in the dog leash, and she fell. A landowner's employee owned the second dog and regularly brought it to work; the landowner not liable for injuries to plaintiff occurring off its premises as it did not own, maintain, or control the second dog.
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