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| Plichta v. Plichta, Case No. 2D04-5579,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 3, 2006, Opinion Filed
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| Regino v. State, Case No. 2D05-3688,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 3, 2006, Opinion Filed
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Overview: While defendant was properly sentenced as an habitual violent felon and prison releasee reoffender, remand was ordered for the trial court to enter a written sentence conforming with the original oral pronouncement of defendant's minimum mandatory habitual violent felony offender sentence.
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| Rice v. Reedy Creek Improvement Dist., CASE NO. 1D04-5381,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 3, 2006, Opinion Filed
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Overview: Appellate court reversed the dismissal of one of a claimant's workers' compensation claims because the claimant had at least one petition pending at all times between the filing of the first petition and the hearing on the last petition filed; thus, the claimant's voluntary dismissal of the first petition did not operate to dismiss the entire case.
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| Robinson v. State, Case No. 5D06-205,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 3, 2006, Opinion Filed
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Overview: Petitioner's "Writ of Habeas Corpus Under Jurisdictional Defect Act" seeking to invoke jurisdiction under the all writs provision in Fla. Const. art. V, § 3(b)(7) was denied; his complaint that the charging document was not signed by a duly designated state attorney could and should have been raised in a motion to dismiss and then on direct appeal.
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| Siner v. State, CASE NO. 5D05-3244,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 3, 2006, Opinion Filed
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Overview: As defendant entered into a plea agreement for a specific term of years, which was not conditioned on a specific guidelines sentence, and he failed to argue that his agreed-to sentence exceeded the statutory maximum or that the trial judge did not impose the agreed upon sentence, his motion to correct an illegal sentence was properly denied.
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| Sorrentino v. River Run Condo. Ass'n, Case No. 5D05-836,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 3, 2006, Opinion Filed
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Overview: In a condominium association's action seeking an injunction mandating that certain residents remove skylights they had just installed, the trial court erred in failing to award the residents attorney fees pursuant to Fla. Stat. §§ 718.303, 163.04(3) as the residents were the prevailing parties.
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| State v. Burger, Case No. 2D04-2222,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 3, 2006, Opinion Filed
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Overview: Trial court properly determined that stop of defendant's car for violating Fla. Stat. § 316.222(1) was unauthorized because, while one of defendant's three brake lights was not operating, car had two operable brake lights, and when read in conjunction with Fla. Stat. § 316.234(1), statute required that vehicle have two or more operable stop lamps.
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| State v. O.L., Case No. 5D05-1580,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 3, 2006, Opinion Filed
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| State v. Subido, Case Nos. 5D04-3922; 5D04-4228,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 3, 2006, Opinion Filed
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Overview: Defendant's downward departure sentence under Fla. Stat. § 921.0026 for committing sexual battery while he was in a position of familial authority against his stepdaughter was reversed as the evidence did not support the trial court's finding that the offense was committed in an unsophisticated manner.
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