Search > Recent Decisions from Florida
Recent Decisions from Florida RSS
Showing 1 to 20 of 300 results 
Decision Date

May 28, 2010
Katherine Speed challenges multiple provisions of the final judgment that dissolved her marriage to Greg Ferris. After a thorough review of the record, we find no... ... ... reversible error and we affirm the final judgment on the merits. However, we dismiss as premature the portion of the appeal relating to the trial court's determination that Mr. Ferris is entitled to attorney's fees. See Zuberer v. Zuberer, 28 So. 3d 993, 993-94 (Fla. 2d DCA 2010) ("The trial court's ruling addressed...  
May 28, 2010
Johnathan Jackson was tried and convicted in Hillsborough County on charges that he possessed a trafficking amount of cocaine and that he conspired with two other men to traffic in cocaine. He maintains that Hillsborough County was not the proper venue for the trafficking charge. We agree and reverse the trafficking conviction... ... ... Jackson acknowledges that this issue does not affect his conspiracy conviction, and we affirm that conviction without further discussion... The charges arose...  
May 28, 2010
This is an appeal pursuant to Anders v. California, 386 U.S. 738 (1967), of G.D.'s adjudication of delinquency for possession of cannabis and paraphernalia. Appellate counsel has raised the issue of the sufficiency of the evidence to support G.D.'s adjudication, but we find no merit to that issue. Also, counsel has argued that the... ... ... trial court erred in assessing a public defender fee against G.D. without notice and an opportunity to object.1 We find merit in this issue and reverse the...  
May 28, 2010
David Head appeals from the denial of his motion for postconviction relief, entered following an evidentiary hearing on Head's multiple facially sufficient claims of ineffective assistance of counsel. Testimony at the hearing bore out many of Head's claims, such that the trial court's generalized finding that counsel provided "competent representation at all times" is not supported by competent and substantial evidence. We find it unnecessary to detail counsel's deficiencies, and simply...  
May 28, 2010
The sole point of contention here is the entitlement to attorney's fees to Appellant, who prevailed in a breach of contract action. Appellant claimed fees under two theories, one contractual and the other statutory. The trial court concluded that... ... ... Appellant was not entitled to fees under either theory. We affirm the trial court as to contractual entitlement, but reverse as to statutory entitlement.1... Appellant sold a residence to Appellee and then leased it back after closing under...  
May 28, 2010
The former husband appeals the trial court's Order on the Report and Recommendation on the former wife's Motion for Contempt. The trial court apparently overlooked the Exceptions to the magistrate's Report and Recommendations timely filed by the former husband and found the former husband in willful contempt for failing to make all child support payments due and for failing to reimburse the former wife for certain identified expenses of the children. The Order was issued without a hearing on...  
May 28, 2010
AFFIRMED... WEBSTER, WETHERELL, and MARSTILLER, JJ., CONCUR... NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED...  
May 28, 2010
Suzanne Magill brought an action against Bartlett Towing, Inc., for negligent hiring, negligent retention, and negligent supervision. In her amended complaint, Magill alleged that she suffered personal injuries when a Bartlett employee, Russell Hoffman, violently pushed her to the ground immediately prior to stealing her car. At the time of the attack, Magill was not seeking any towing services from Bartlett. The trial court dismissed the amended complaint with prejudice and Magill timely...  
May 28, 2010
We dismiss this appeal for lack of jurisdiction. The notice of appeal filed on April 3, 2009, appealing the judgment and sentence, rendered on January 15, 2009,... ... ... and the order denying Appellant's 3.800(c) motion to reduce sentence, is untimely. Because the notice of appeal was filed more than 30 days after rendition of the order, this Court is without appellate jurisdiction. See Fla. R. App. P. 9.110(b). A motion to mitigate under rule 3.800(c) is discretionary with the court and is...  
May 28, 2010
Fred Buoniconti appeals several aspects of the final judgment of dissolution of his marriage to Ivy Buoniconti. We affirm the decision to award permanent alimony payable as a lump sum and the decision to award retroactive alimony, but we reverse the amounts of these awards because they are not supported by the record. We also reverse the equitable distribution award and remand for further... ... ... proceedings because the trial court improperly determined that the Husband had dissipated...  
May 28, 2010
Appellant was convicted of first-degree felony murder and armed burglary of a dwelling. His sole argument on appeal is that the trial court erred when it denied his motion to suppress statements taken in violation of his right to counsel under the Sixth Amendment of the United States Constitution, and article I, section 16 of the Florida Constitution. We affirm... ... ... Appellant and two co-defendants broke into a Brevard County home to commit a theft. The homeowner was home at the time of...  
May 28, 2010
In this second-tier certiorari proceeding, West Villages Improvement District seeks to quash the circuit court's order which upheld non-ad valorem special assessments imposed by the North Port Road and Drainage District (NPRDD) upon real property owned by West Villages. We conclude that the circuit court departed from the essential requirements of law by failing to apply the principle espoused in Blake v. City of Tampa, 156 So. 97 (Fla. 1934), and therefore, we grant certiorari... I....  
May 28, 2010
In this resisting an officer case, Appellant challenges the denial of a special instruction regarding the lawfulness of his police detention. Appellant also challenges his convictions for resisting with and without violence on double jeopardy grounds. We affirm on the jury instruction issue, but reverse the conviction for resisting without violence, concluding that it is a double jeopardy violation... ... ... The jury was given the standard instructions then in existence on resisting an officer...  
May 28, 2010
AFFIRMED... WOLF, LEWIS, and MARSTILLER, JJ., CONCUR... NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED...  
May 28, 2010
Bernidine and Anthony Valentine appeal an adverse summary judgment in favor of Countrywide Home Loans, Inc., foreclosing a mortgage. The Valentines also appeal the dismissal without prejudice of their amended counterclaim against Countrywide. We affirm the final judgment of foreclosure without further comment. We lack jurisdiction to review the order dismissing the Valentines' amended counterclaim as they were given leave to amend. See Jim Macon Bldg. Contractors, Inc. v. Lake County, 763 So....  
May 28, 2010
AFFIRMED. See State v. Calderon, 951 So. 2d 1031, 1035 (Fla. 3d DCA 2007) ("An amended statute of limitation which applies retroactively does not violate the ex post facto prohibition if it clearly indicates that it retroactively applies to pending cases not time barred by the old statute."); Scharfschwerdt v. Kanarek, 553 So. 2d 218, 220 (Fla. 4th DCA 1989) ("The legislature can amend statutes of limitations to apply retroactively without running afoul of the constitutional ex post...  
May 28, 2010
In Williams v. State, 8 So. 3d 1266 (Fla. 1st DCA 2009), we affirmed Appellant's convictions for trafficking cocaine and possession of marijuana with intent to deliver, but we remanded for resentencing. On remand, the trial court... ... ... sentenced Appellant to 20 years in prison for the trafficking offense and five years concurrent for the possession offense. We affirm this sentence... Appellant contends that his convictions and sentence violate due process because section 893.101, Florida...  
May 28, 2010
Petitioner, Timothy Vinson, seeks a belated appeal of his judgment and sentences in Brevard County Case No. 05-2006-CF-18073. See Fla. R. App. P. 9.141(c). This court agrees with the Commissioner's recommendation that the petition be denied... PETITION DENIED... MONACO, C.J., SAWAYA and ORFINGER, JJ., concur...  
May 28, 2010
Appellant seeks review of the judgment and sentence entered based upon his nolo contendre plea. We affirm the judgment and sentence without comment... ... ... However, for the reasons that follow, we reverse the order denying Appellant's motion to withdraw his plea and remand for the trial court to enter an order dismissing the motion for lack of jurisdiction... Appellant filed his notice of appeal in this case on August 17, 2009.* Eight days later, on August 25, 2009, Appellant filed a pro se...  
May 28, 2010
We affirm the State's appeal of the trial court's order suppressing Appellee's statement made during a taped interview. See Fla. R. App. P. 9.140(c)(1)(B) (permitting appeal by the State from a pretrial order suppressing confessions,... ... ... admissions, or evidence obtained by search and seizure). We treat the remainder of the State's appeal as a petition for writ of certiorari because it concerns pretrial orders suppressing collateral crime evidence. See Richardson v. State, 706 So. 2d...  
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next >