Florida, March, 2007, State Case law

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State Courts - Florida - March 16, 2007

Roberts v. State, Case Nos. 2D06-3749, 2D06-4061 CONSOLIDATED, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 16, 2007, Opinion Filed
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S.H. v. Dep't of Children & Families, Case No. 5D06-2049, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 16, 2007, Opinion Filed
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Sandlake Residences, LLC v. Ogilvie, Case No. 5D06-2520, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 16, 2007, Opinion Filed
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Overview: Because a gate across an access road did not materially increase the burden in admitting guests and other invitees because there was already a gate at the entrance to the easement holders' property and traffic backups attributable to delays arising from the gate were minimal, the easement holders were not entitled to a temporary injunction.

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Spioch v. State, Case No. 5D04-2338, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 16, 2007, Opinion Filed
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Overview: Trial court in Fla. R. Crim. P. 3.850 motion should have vacated seven convictions because incidents of attempted fondling did not support lewd and lascivious assault convictions, and defense counsel was ineffective in moving for acquittal. Counsel was also ineffective in failing to move to dismiss five other counts on double jeopardy grounds.

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State v. Lebron, Case No. 5D06-1035, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 16, 2007, Opinion Filed
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Overview: Trial court erred in dismissing charges of vehicular homicide, ? 782.071, Fla. Stat., because evidence showed that defendant drove her auto at excessive speed at a time and under circumstances when traffic conditions might have made such driving reckless. Also, her decision to attempt to pass a slower vehicle on the right may have been improper.

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Thorpe v. Gelbwaks, Case No. 5D06-2950, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 16, 2007, Opinion Filed
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Overview: Order dismissing fraud claims against company vice-president (VP) based on lack of personal jurisdiction was reversed; VP's averments as to franchisees' ? 48.193(1)(b), Fla. Stat., allegations that denied any wrongdoing were legal conclusions not facts and counter-affidavit that VP conducted business in Florida established minimum contacts.

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Wagle v. State, Case No. 5D05-3697, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 16, 2007, Opinion Filed
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Overview: Because the evidence was insufficient to establish that a probationer was more than five minutes late in returning home from work or that he intentionally diluted a urine sample used for a random drug test, the trial court abused its discretion in finding that the probationer willfully and materially violated his probation.

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