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   State Courts - Florida - March 25, 2009

  
Dep't of Children & Family Servs. v. Amaya, No. 4D08-4678, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 25, 2009, Decided
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Overview: Because an incompetent criminal defendant did not meet the criteria for involuntary commitment under ?? 916.13, 916.15, or 916.302, Fla. Stat. (2008), the Department of Children and Family Services (DCF) could not be made responsible for his care and supervision pursuant to ? 916.17, Fla. Stat. (2008); thus, DCF was entitled to certiorari relief.

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Dukes v. Dukes, Case No. 2D07-4284, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 25, 2009, Opinion Filed
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Fearon v. State, No. 4D07-244, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 25, 2009, Decided
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Overview: Defendant could not be found guilty on three attempted premeditated murder counts and three attempted felony murder counts for same attempted killings as doing so violated double jeopardy principles; trial court did not avoid double jeopardy problem by entering judgment on both convictions and withholding sentence on the felony murder convictions.

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Fierro v. State, No. 3D06-2930, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 25, 2009, Opinion Filed
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Overview: Because the defense failed to assert the alleged sentencing error either at the sentencing hearing or within thirty days of rendition of the sentence pursuant to Fla. R. Crim. P. 3.170(l), the alleged error was not cognizable on direct appeal.

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First Home View Corp. v. Guggino, No. 3D08-1199, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 25, 2009, Opinion Filed
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Ford Motor Co. v. Hall-Edwards, Nos. 3D08-2984 & 3D06-1656, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 25, 2009, Opinion Filed
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Gielchinsky v. Vibo Corp., No. 3D08-2614, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 25, 2009, Opinion Filed
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Griffin v. State, No. 3D08-1652, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 25, 2009, Opinion Filed
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Hampton v. State, No. 4D07-2893, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 25, 2009, Decided
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Heine v. Parent Constr., Inc., No. 4D08-428, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 25, 2009, Decided
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Overview: Trial court did not err in applying economic waste doctrine to home buyer's to recover for construction defects in home contractor built; contractor did not intentionally breach the contract and cost of repair clause requiring contractor to correct nonconforming work did not extend to a situation requiring a complete tear down and rebuild.

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