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State Courts -
Florida - March 18, 2009
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Carr v. Old Port Cove Prop. Owners Ass'n, No. 4D08-1449,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 18, 2009, Decided
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Overview: Florida Department of Business and Professional Regulation Division of Florida Land Sales, Condominium, and Mobile Homes (DBPR) properly denied petition for declaratory statement on whether property owners association (POA) could lobby to amend Condominium Act, as DBPR was not authorized to resolve whether POA, under First Amendment, could lobby.
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Dep't of Highway Safety & Motor Vehicles v. Hofer, Case No. 2D07-5610,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 18, 2009, Opinion Filed
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Overview: Court reversed suspension of motorist's license, ruling that HO's failure to determine legality of traffic stop at ¿ 322.2615, Fla. Stat., hearing violated due process. As this ruling departed from essential requirements of law and resulted in miscarriage of justice, appellate court exercised certiorari jurisdiction and quashed decision.
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Diaz v. Impex of Doral, Inc., No. 3D07-1861,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 18, 2009, Opinion Filed
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Overview: In action under Whistle Blower Act, ¿ 448.102, Fla. Stat., et seq., trial court erred in granting one employer's motion for directed verdict and dismissing it, rather than allowing jury to determine whether that party was liable under "joint employer" or "single employer" doctrine, as employee presented sufficient evidence to submit issue to jury.
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Gibbons v. Gibbons, Case No. 2D07-5480,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 18, 2009, Opinion filed
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Overview: Classification of assets and debts in a marital dissolution was reversed because the husband's disability benefits were not subject to equitable distribution under ¿ 61.076(1), Fla. Stat., as they were not a marital asset under ¿ 61.075(5)(a)(4), Fla. Stat., and the shareholder loans made to the wife were a marital debt under ¿ 61.075, Fla. Stat.
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