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| Agency for Workforce Innovation v. Mitchell S. Ritchie, P.A., CASE NO. 1D06-5462,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 16, 2007, Opinion Filed
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Overview: Circuit court erred in granting mandamus relief to a law firm directing an agency of the state to provide it access to notices of hearing issued in unemployment compensation appeals pursuant to the law firm's public records request, as the law firm failed to show any need for said records as part of the unemployment compensation appeals process.
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| B.L. v. Dep't of Children & Families, Case No. 5D06-1228,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 16, 2007, Opinion Filed
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Overview: Because the record suggested an anomaly and that the trial court may have erroneously focused solely on the parents' failure to complete a case plan without consideration of the "substantially comply" language of § 39.622, Fla. Stat., the trial court had to reconsider whether the parents failed to substantially comply with the case plan.
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| Bakos v. Bakos, Case No. 2D05-2163,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 16, 2007, Opinion Filed
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Overview: Because there was competent, substantial evidence to support the trial court's finding, among other things, that the husband gave the wife an ultimatum, "sign or no marriage," upon presenting prenuptial agreement to her within 24 hours of the wedding, the determination that the prenuptial agreement was voidable by the wife was proper.
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| Bessey v. Difilippo, CASE NO. 1D06-0774,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 16, 2007, Opinion Filed
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Overview: Order awarding only partial costs under § 57.041(1), Fla. Stat., to an accident victim, was reversed, and the case was remanded for an award of all taxable costs reasonably and necessarily incurred because the victim was the prevailing party, even though he did not recover all the damages which he sought, in a single count action for negligence.
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| Cunniff v. State, Case No. 2D06-3651,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 16, 2007, Opinion Filed
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Overview: Trial court erred in dismissing Fla. R. Crim. P. 3.800(c) motion for mitigation of sentence as untimely; the motion was deemed filed nine days before the expiration of the 60-day time period for consideration of the motion when the inmate placed the motion in the hands of prison officials so trial court should have considered motion on its merits.
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| Dep't of Revenue ex rel. Marchines v. Marchines, Case No. 2D05-1269,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 16, 2007, Opinion Filed
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Overview: Section 57.105, Fla. Stat., award of attorney's fees to father who successfully objected to enforcement of foreign child support arrearage judgment was reversed; Department of Revenue properly sought to confirm judgment as valid despite fact § 409.2561(4), Fla. Stat., precluded enforcement of order due to father's receipt of SSI payments.
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| Elwell v. State, Case No. 2D05-907,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 16, 2007, Opinion Filed
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Overview: Because defendant failed to make a contemporaneous objection, and confrontation rights were not implicated, the issue of whether the trial court made insufficient factual findings in ruling that child-hearsay testimony under § 90.803(23), Fla. Stat., was admissible was unpreserved.
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| Estate of Jones v. Mariner Health Care of Deland, Inc., Case No. 5D05-1214,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 16, 2007, Opinion Filed
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Overview: Final judgment rendered in favor of the operators of a nursing home was reversed; the case was remanded for a new trial on the claims under the Florida Nursing Home Residents' Act, §§ 400.022 and 400.023, Fla. Stat., because the personal representative for a deceased resident did not initiate the already pending lawsuit against the operators.
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| Freeman v. BellSouth Telcoms., Inc., CASE NO. 1D06-2653,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 16, 2007, Opinion Filed
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Overview: Because sufficient evidence existed to permit a jury to decide whether a phone company was on constructive notice of a dangerous condition that resulted in a pedestrian's injuries, a directed verdict in favor of the phone company, as the premises owner, was reversed, and on remand, judgment was to be entered in the pedestrian's favor.
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