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   State Courts - Florida - March 18, 2009

  
Hingson v. MMI of Florida, Inc., Case No. 2D07-5215, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 18, 2009, Opinion Filed
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Overview: While an employee did not recover all the commissions she sought, that did not alter her status as prevailing party under ? 448.08, Fla. Stat. She established that the employers breached the employment agreement and that she was entitled to damages. Thus, the employers were not entitled to fees.

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JP Morgan v. New Millennial, LC, Case No. 2D07-5937, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 18, 2009, Opinion Filed
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Overview: As ? 701.02(1), Fla. Stat. did not apply, until a buyer and a creditor received satisfactions on record, they should have assumed that the mortgages were still in full force and effect in someone's hands. Thus, the trial court erred in concluding that they could avoid the mortgages just because the mortgagor failed to record the assignments.

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Jacobs v. State, Case Nos. 4D09-502, 4D09-504, 4D09-505, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 18, 2009, Decided
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Johnson v. State, No. 4D08-3090, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 18, 2009, Decided
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Overview: Regional conflict counsel was directed to handle an appeal pursuant to ? 27.511(8), Fla. Stat., because appellate public defender's certification of conflict of interest in representing multiple defendants on appeal was alone sufficient to shift representation of a defendant to the regional conflict counsel.

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Morgan v. State, Nos. 4D08-5086 and 4D09-147, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 18, 2009, Decided
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Mulligan v. City of Hollywood, No. 4D02-3626, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 18, 2009, Decided
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Nat'l Equity Recovery Servs. v. Midfirst Bank, No. 4D08-610, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 18, 2009, Decided
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Overview: Trial court's order dividing statutory fees between an assignee of owners' rights to a foreclosure surplus and a surplus trustee was proper because the assignee did not obtain or file an assignment from one of the owners within the 60-day time frame of ? 45.033(3)(b), Fla. Stat., and thus the decision to award fees was discretionary.

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Ortiz v. State, No. 4D07-3127, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 18, 2009, Decided
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Overview: Denial of defendant's request to discharge appointed counsel and retain private counsel was proper, as request was made to delay proceedings. Reversal of habitual felony offender sentence and remand were required where defense counsel waived PSI without defendant's knowing and voluntary waiver of PSI requirement in ? 775.084(3)(a)(1), Fla. Stat.

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PS Capital, LLC v. Palm Springs Town Homes, LLC, No. 3D08-2511, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 18, 2009, Opinion Filed
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Overview: As a lender had commenced its collection suit before investors sought to add the lender as a party defendant in their case, and the preservation of litigation rights and alleged equity should not have been afforded to the investors at the expense of the lender, the investors should not have been allowed to intervene under Fla. R. Civ. P. 1.230.

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Palm Beach Pain Mgmt., Inc. v. Carroll, No. 4D07-4240, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 18, 2009, Decided
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Overview: Summary judgment for a president in a shareholder's suit alleging breach of fiduciary duty, civil theft, conversion, and constructive trust was error because both the president's and the shareholder's interpretations of the underlying contract were reasonable. As such, an ambiguity existed and summary judgment was not appropriate.

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