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   State Courts - Florida - March 20, 2009

  
4 Corners Ins., Inc. v. Sun Publs. of Fla., Inc., Case No. 2D08-1971, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 20, 2009, Opinion Filed
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Overview: Final summary judgment was reversed and remanded because there was a genuine issue of material fact in a breach of contract and wrongful eviction action as to whether the commercial lessee was entitled to relocation expenses and lost profits damages.

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A.W.P. v. Dept of Children and Family Servs.(In re A.W.P.), Case No. 2D08-4165, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 20, 2009, Opinion Filed
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Overview: As the Department of Children and Family Services acknowledged that the challenged order modified the father's visitation rights, the father was entitled to notice and an opportunity to be heard on the co-custodian's motion approving educational plans. As the father received no notice, the order was quashed.

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B.S.C. v. State, Case No. 2D08-1964, 2D08-1966 CONSOLIDATED, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 20, 2009, Opinion Filed
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Blanton v. State, Case No. 5D05-3786, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 20, 2009, Opinion Filed
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Bolin v. State, Case No. 2D05-5365, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 20, 2009, Opinion Filed
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Overview: Trial court committed fundamental reversible error when it gave culpable negligence voluntary manslaughter instruction as a lesser included offense of first-degree murder; based on the facts of the case, which included fact victim was stabbed eight times, under the § 782.07, Fla. Stat., instruction should have been on voluntary manslaughter by act.

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Caban v. State, Case No. 5D08-279, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 20, 2009, Opinion Filed
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Overview: Summary denial of defendant's motion for postconviction relief under Fla. R. Crim. P. 3.850 was reversed and remanded for an evidentiary hearing because defense counsel's failure to object at trial to the impeachment of defendant's expert medical witnesses by the expert medical witnesses for the State of Florida may have been prejudicial.

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Cascella v. Canaveral Port Auth., Case No. 5D08-1437, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 20, 2009, Opinion Filed
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Citrus County v. Halls River Dev., Inc., Case No. 5D08-975, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 20, 2009, Opinion Filed
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Overview: Trial court erred in finding county had "inordinately burdened" development company's real property, as that term was used in the Harris Act, § 70.001, Fla. Stat.; ordinance that county adopted after development company bought property and attempted to develop it did not have that effect because ordinance exempted that property from its operation.

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Harvey v. State, Case Nos. 5D08-1557 and 5D08-1677, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 20, 2009, Opinion Filed
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Jones v. State, Case No. 2D08-523, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 20, 2009, Opinion Filed
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