Recent Decisions from Florida - The Public Library of Law

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Decision Date
1. Wallace v. State, No. 4D03-2115 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 Affirmed... TAYLOR, HAZOURI, JJ., and BLANC, PETER D., Associate Judge, concur... Not final until disposition of timely filed motion for rehearing...
2. Lemorin v. State, No. 3D06-184 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 Affirmed... Not final until disposition of timely filed motion for rehearing...
3. Hence v. State, No. 3D06-2443 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 Affirmed... Not final until disposition of timely filed motion for rehearing...
4. Perraza v. State, No. 3D06-2749 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 The cause is remanded to the trial court with directions to issue an order clarifying the exact amount of time with which the defendant is to be credited for time served... Not final until disposition of timely filed motion for rehearing...
5. Tillman v. State, Case No. 1D06-3225 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 AFFIRMED... BARFIELD, DAVIS, and HAWKES, JJ., CONCUR... NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED...
6. Graham v. State, Case No. 2D06-4907 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 We affirm Equis Graham's conviction for sexual battery and the fifteen-year term of imprisonment imposed thereon. In order to prevent confusion in any future proceedings, however, we note that the written judgment contains a scrivener's error... ... ... The judgment incorrectly reflects that Graham entered a plea. Graham was found guilty by a jury... Affirmed... CASANUEVA and WALLACE, JJ., Concur... NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED...
7. Lopez v. State, No. 3D07-67 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 Affirmed... Not final until disposition of timely filed motion for rehearing...
8. Dubeck v. State, No. 3D07-1124 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 Affirmed... Not final until disposition of timely filed motion for rehearing...
9. Dorvil v. State, No. 3D07-1274 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 On this appeal from a conviction and maximum sentence for second degree murder of the defendant's wife, we first find no error in the trial court's failure to... ... ... suppress the murder weapon which was found after Dorvil revealed its location to the police. See Oregon v. Bradshaw, 462 U.S. 1039 (1983); Edwards v. Arizona, 451 U.S. 477 (1981); Stein v. State, 632 So. 2d 1361 (Fla. 1994)... The sentence, however, is vacated, and the cause is remanded for resentencing by another judge, see...
10. State v. Davis, No. 3D07-1396 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 Affirmed... Not final until disposition of timely filed motion for rehearing...
11. Rivero v. State, No. 3D07-1497 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 Affirmed... Not final until disposition of timely filed motion for rehearing...
12. Mims v. State, No. 3D07-2109 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 This is an appeal from a trial court order prohibiting a criminal defendant from filing further pro se motions. The reason articulated for the action was that the defendant had filed four successive Florida Rule of Criminal Procedure 3.800 motions to correct illegal sentence which "argue[d] the same issues [as] in previous motions." The trial court was incorrect... The four motions in question and the grounds asserted in each are as follows:... 1. March 9, 2004: Mims files his first...
13. Millan v. State, No. 3D07-2111 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 Affirmed... Not final until disposition of timely filed motion for rehearing...
14. Horne v. State, No. 4D07-2141 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 Affirmed... WARNER, FARMER and DAMOORGIAN, JJ., concur... Not final until disposition of timely filed motion for rehearing...
15. Cabrera v. T.J. Pavement Corp., No. 3D07-2190 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 Caridad Cabrera, as personal representative of the Estate of Victor Acosta, appeals from a final summary judgment determining that T.J. Pavement Corp., Acosta's employer, is entitled to workers' compensation immunity. Because Cabrera demonstrated the existence of genuine issues of material fact that would except T.J. Pavement's conduct from workers' compensation immunity, we reverse... Acosta was killed when the eight foot deep trench in which he was working collapsed while he was installing...
16. Carroll v. State, No. 3D07-2485 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 Affirmed... Not final until disposition of timely filed motion for rehearing...
17. First Sealord Surety, Inc. v. Suffolk Construction Co., Inc., No. 3D07-2603 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 First Sealord Surety, Inc., the defendant below, appeals the trial court's final judgment entered in favor of plaintiff, Suffolk Construction Co., Inc. We reverse... ... ... Suffolk, a general contractor, entered into a contract with Coral Way Developers for the construction of Coral Seaview Condominium Project. Suffolk subcontracted with Morgado Plumbing Corporation for the plumbing work on the project. Pursuant to the terms of Morgado's subcontract with Suffolk, Morgado obtained a payment and...
18. Brower-Eger v. Noon, No. 4D07-2626 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 One of three plaintiffs appeals a judgment for attorney's fees, prejudgment interest, and court costs. She argues the trial court erred in awarding attorney's fees, pursuant to a demand for judgment that failed to allocate the settlement among the three plaintiffs sued in the counterclaim. We agree and reverse... The defendant hired a partnership to remodel her kitchen. The partnership consisted of Alfred Eger and his wife, Jacqueline Brower-Eger.1 The daughter of one of the partners worked as...
19. Walker v. Molesta, No. 4D07-2716 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 Affirmed... TAYLOR, HAZOURI, JJ., and BLANC, PETER D., Associate Judge, concur... Not final until disposition of timely filed motion for rehearing...
20. Walters v. State, Case No. 2D07-2794 (Fla. App. 11/19/2008) (Fla. App., 2008) November 19, 2008 Adam S. Walters appeals the summary denial of his motion to vacate sentence, motion to vacate judgment and sentence, and motion to reduce sentence filed pursuant to Florida Rules of Criminal Procedure 3.800(a), 3.850, and 3.800(c). An order denying a rule 3.800(c) motion on its merits is not appealable. Accordingly, we limit our review to the portions of the postconviction court's order denying Walters'... ... ... 3.800(a) and 3.850 motions. See Akins v. State, 926 So. 2d 412 (Fla. 2d DCA...

Decision Date

1. Wallace v. State, No. 4D03-2115 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

Affirmed... TAYLOR, HAZOURI, JJ., and BLANC, PETER D., Associate Judge, concur... Not final until disposition of timely filed motion for rehearing...

2. Lemorin v. State, No. 3D06-184 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

Affirmed... Not final until disposition of timely filed motion for rehearing...

3. Hence v. State, No. 3D06-2443 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

Affirmed... Not final until disposition of timely filed motion for rehearing...

4. Perraza v. State, No. 3D06-2749 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

The cause is remanded to the trial court with directions to issue an order clarifying the exact amount of time with which the defendant is to be credited for time served... Not final until disposition of timely filed motion for rehearing...

5. Tillman v. State, Case No. 1D06-3225 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

AFFIRMED... BARFIELD, DAVIS, and HAWKES, JJ., CONCUR... NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED...

6. Graham v. State, Case No. 2D06-4907 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

We affirm Equis Graham's conviction for sexual battery and the fifteen-year term of imprisonment imposed thereon. In order to prevent confusion in any future proceedings, however, we note that the written judgment contains a scrivener's error... ... ... The judgment incorrectly reflects that Graham entered a plea. Graham was found guilty by a jury... Affirmed... CASANUEVA and WALLACE, JJ., Concur... NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED...

7. Lopez v. State, No. 3D07-67 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

Affirmed... Not final until disposition of timely filed motion for rehearing...

8. Dubeck v. State, No. 3D07-1124 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

Affirmed... Not final until disposition of timely filed motion for rehearing...

9. Dorvil v. State, No. 3D07-1274 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

On this appeal from a conviction and maximum sentence for second degree murder of the defendant's wife, we first find no error in the trial court's failure to... ... ... suppress the murder weapon which was found after Dorvil revealed its location to the police. See Oregon v. Bradshaw, 462 U.S. 1039 (1983); Edwards v. Arizona, 451 U.S. 477 (1981); Stein v. State, 632 So. 2d 1361 (Fla. 1994)... The sentence, however, is vacated, and the cause is remanded for resentencing by another judge, see...

10. State v. Davis, No. 3D07-1396 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

Affirmed... Not final until disposition of timely filed motion for rehearing...

11. Rivero v. State, No. 3D07-1497 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

Affirmed... Not final until disposition of timely filed motion for rehearing...

12. Mims v. State, No. 3D07-2109 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

This is an appeal from a trial court order prohibiting a criminal defendant from filing further pro se motions. The reason articulated for the action was that the defendant had filed four successive Florida Rule of Criminal Procedure 3.800 motions to correct illegal sentence which "argue[d] the same issues [as] in previous motions." The trial court was incorrect... The four motions in question and the grounds asserted in each are as follows:... 1. March 9, 2004: Mims files his first...

13. Millan v. State, No. 3D07-2111 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

Affirmed... Not final until disposition of timely filed motion for rehearing...

14. Horne v. State, No. 4D07-2141 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

Affirmed... WARNER, FARMER and DAMOORGIAN, JJ., concur... Not final until disposition of timely filed motion for rehearing...

15. Cabrera v. T.J. Pavement Corp., No. 3D07-2190 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

Caridad Cabrera, as personal representative of the Estate of Victor Acosta, appeals from a final summary judgment determining that T.J. Pavement Corp., Acosta's employer, is entitled to workers' compensation immunity. Because Cabrera demonstrated the existence of genuine issues of material fact that would except T.J. Pavement's conduct from workers' compensation immunity, we reverse... Acosta was killed when the eight foot deep trench in which he was working collapsed while he was installing...

16. Carroll v. State, No. 3D07-2485 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

Affirmed... Not final until disposition of timely filed motion for rehearing...

17. First Sealord Surety, Inc. v. Suffolk Construction Co., Inc., No. 3D07-2603 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

First Sealord Surety, Inc., the defendant below, appeals the trial court's final judgment entered in favor of plaintiff, Suffolk Construction Co., Inc. We reverse... ... ... Suffolk, a general contractor, entered into a contract with Coral Way Developers for the construction of Coral Seaview Condominium Project. Suffolk subcontracted with Morgado Plumbing Corporation for the plumbing work on the project. Pursuant to the terms of Morgado's subcontract with Suffolk, Morgado obtained a payment and...

18. Brower-Eger v. Noon, No. 4D07-2626 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

One of three plaintiffs appeals a judgment for attorney's fees, prejudgment interest, and court costs. She argues the trial court erred in awarding attorney's fees, pursuant to a demand for judgment that failed to allocate the settlement among the three plaintiffs sued in the counterclaim. We agree and reverse... The defendant hired a partnership to remodel her kitchen. The partnership consisted of Alfred Eger and his wife, Jacqueline Brower-Eger.1 The daughter of one of the partners worked as...

19. Walker v. Molesta, No. 4D07-2716 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

Affirmed... TAYLOR, HAZOURI, JJ., and BLANC, PETER D., Associate Judge, concur... Not final until disposition of timely filed motion for rehearing...

20. Walters v. State, Case No. 2D07-2794 (Fla. App. 11/19/2008) (Fla. App., 2008)

November 19, 2008

Adam S. Walters appeals the summary denial of his motion to vacate sentence, motion to vacate judgment and sentence, and motion to reduce sentence filed pursuant to Florida Rules of Criminal Procedure 3.800(a), 3.850, and 3.800(c). An order denying a rule 3.800(c) motion on its merits is not appealable. Accordingly, we limit our review to the portions of the postconviction court's order denying Walters'... ... ... 3.800(a) and 3.850 motions. See Akins v. State, 926 So. 2d 412 (Fla. 2d DCA...

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