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   State Courts - Florida - March 13, 2009

  
Krueger v. Ponton, Case No. 5D08-1880, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 13, 2009, Opinion Filed
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Overview: The setting aside of a default judgment was reversed as the court erred in deeming the default judgment void under Fla. R. Civ. P. 1.540(b)(4). Instead, the judgment was "voidable" based on an alleged non-cognizable cause of action. The court also erred in concluding that the damages were unliquidated as they could be determined with exactness.

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Lanza v. Damian Carpentry, Inc., CASE NO. 1D08-2971, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 13, 2009, Opinion Filed
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Overview: Because a claimant was responsible for paying his attorney's fees and costs and his demand for settlement was for a sum certain, inclusive of fees and costs, the issue as to the amount of the attorney's fee was an issue between the claimant and his counsel.

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Latner v. Preusler & Assocs., Case No. 5D08-1780, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 13, 2009, Opinion Filed
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Overview: Judgment for a contractor was reversed and remanded because the trial court was left with a verdict awarding the contractor no damages on any theory which it claimed against the homeowners. In the absence of a proper and timely challenge to the verdict, the court had no choice but to enter judgment according to the verdict in favor of the owners.

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Leon County Bd. of County Comm'rs v. Gholam Reza Karimipour, CASE NO. 1D08-2911, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 13, 2009, Opinion Filed
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Merriel v. State, CASE NO. 1D07-4451, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 13, 2009, Opinion Filed
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Overview: Conviction and sentence were affirmed because police officers did not violate defendant's rights in executing a search warrant for defendant's home, vehicles, and outbuildings by stopping defendant's car a block from his home in that they waited until he left his home as they believed that a small child and dangerous dogs were inside the home.

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Pringle v. State, Case No. 2D07-4733, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 13, 2009, Opinion Filed
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Reaves v. State, CASE NO. 1D08-5645, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 13, 2009, Opinion Filed
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Robinson v. State, CASE NO.: 1D07-5953, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 13, 2009, Opinion Filed
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Overview: Trial court erred in convicting defendant of failing to comply with § 943.0435(4), Fla. Stat., sexual offender registration requirements; defendant did in fact advise local authorities that he would be located at a homeless shelter during the time he failed to establish a permanent or temporary residence, which satisfied § 943.0435(4)(b).

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Romerhaus v. Romerhaus, Case No. 2D08-1075, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 13, 2009, Opinion Filed
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Schatz v. Haslup, Case No. 2D08-2825, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 13, 2009, Opinion Filed
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