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| Allied Asphalt Paving, Inc. v. Auto-Owners Ins. Co., Case No. 2D04-5787,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 3, 2006, Opinion Filed
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Overview: Where a trial court precluded an attorney who was appointed by an insurer to represent an insured in a negligence action from revealing the contents of the insurer's file to the insured, but that protective order was made in a declaratory action between the insured and the insurer, such order departed from the essential requirements of the law.
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| Allison Transmission, Inc. v. J.R. Sailing, Inc., Case No. 2D05-1425,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 3, 2006, Opinion Filed
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Overview: In vehicle owners' suit against a transmission company seeking Lemon Law remedies, the trial court erred in its ruling in favor of the owners as, pursuant to Fla. Stat. § 681.104(2)(a), neither the trial court nor the jury had the discretion to award title and possession to the owners in addition to a refund.
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| Barnes v. State, CASE NO. 1D04-5450,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 3, 2006, Opinion Filed
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Overview: Because defendant did not act in self-defense, but rather killed her husband in a fit of anger, because the trial judge properly allowed defendant's admissions to be taken to the jury room, and because the trial judge explicitly instructed the jury on defendant's duty to retreat, no issues existed to reverse defendant's murder conviction.
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| Bruno v. Destiny Transp., Inc., Case No. 2D04-5300,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 3, 2006, Opinion Filed
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Overview: A trial court erred in granting summary judgment to a subcontractor and its leased workers in a personal injury negligence action by an employee of the general contractor, as the exception to workers' compensation immunity under Fla. Stat. § 440.10(1)(e) (2004) applied, and it was unclear whether the workers were borrowed servants.
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| Carr v. Sch. Bd., Case No. 2D05-2388,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 3, 2006, Opinion Filed
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Overview: Court erred in granting a school board's motion for new trial in student's negligence action because student did not need to present evidence from which jury could infer actual or constructive notice to school board of dangerous condition of metal bench on running track; the evidence to support the general verdict in favor of the student was ample.
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| Chambliss v. Chambliss, Case No. 2D04-4802,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 3, 2006, Opinion Filed
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Overview: Where a former husband failed to show a substantial change in circumstances, it was error for a trial court to have granted his petition to modify the parties' final judgment of dissolution of marriage; although the wife's circumstances changed with respect to her education and salary, such change was contemplated at the time of the final judgment.
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| Cochran v. State, Case No. 5D05-3919,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 3, 2006, Opinion Filed
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Overview: Inmate was entitled to a writ of habeas corpus on grounds that his appellate counsel was ineffective in failing to raise the issue of the trial court's failure to hold a competency hearing once it became aware, via a motion for continuance, that such a hearing had not been conducted after having been requested and prior to trial.
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| Glover v. State, Case No. 2D04-864,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 3, 2006, Opinion Filed
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| Henson v. Dep't of Health, CASE NO. 1D05-4743,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 3, 2006, Opinion Filed
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