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  • Commentaries
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Florida Case Commentaries

Clarifying Jurisdiction in Ejectment Actions and Rule 1.500(c) Applicability: Supreme Court of Florida's Ruling in Pro-Art Dental Lab Inc. v. V-Strategic Group LLC

Clarifying Jurisdiction in Ejectment Actions and Rule 1.500(c) Applicability: Supreme Court of Florida's Ruling in Pro-Art Dental Lab Inc. v. V-Strategic Group LLC

Date: Jul 11, 2008
Clarifying Jurisdiction in Ejectment Actions and Rule 1.500(c) Applicability: Supreme Court of Florida's Ruling in Pro-Art Dental Lab Inc. v. V-Strategic Group LLC Introduction Pro-Art Dental Lab...
PETERS v. STATE: Crawford's Applicability to Probation Revocation Proceedings Clarified

PETERS v. STATE: Crawford's Applicability to Probation Revocation Proceedings Clarified

Date: Jun 19, 2008
PETERS v. STATE: Crawford's Applicability to Probation Revocation Proceedings Clarified Introduction Robert Sheldon PETERS v. STATE of Florida, 984 So.2d 1227 (Fla. 2008), marks a significant moment...
Denial of Counsel During Sentencing: A Fundamental Error or Procedural Irregularity?

Denial of Counsel During Sentencing: A Fundamental Error or Procedural Irregularity?

Date: May 30, 2008
Denial of Counsel During Sentencing: A Fundamental Error or Procedural Irregularity? Introduction The case of Bertha JACKSON v. STATE of Florida (983 So. 2d 562), adjudicated by the Supreme Court of...
GREEN v. STATE of Florida: Affirmation of Conviction and New Insights into Effective Assistance of Counsel

GREEN v. STATE of Florida: Affirmation of Conviction and New Insights into Effective Assistance of Counsel

Date: Feb 1, 2008
GREEN v. STATE of Florida: Affirmation of Conviction and New Insights into Effective Assistance of Counsel Introduction The case of Crosley A. GREEN v. STATE of Florida, adjudicated by the Supreme...
Florida Supreme Court Reinforces Confrontation Clause Protections: Strict Standards for Hearsay Evidence under Crawford

Florida Supreme Court Reinforces Confrontation Clause Protections: Strict Standards for Hearsay Evidence under Crawford

Date: Jan 11, 2008
Florida Supreme Court Reinforces Confrontation Clause Protections: Strict Standards for Hearsay Evidence under Crawford Introduction The case of State of Florida v. Moroni Lopez (974 So. 2d 340)...
Subcontractor Defective Work as a Covered "Occurrence" Under CGL Policies: Analysis of United States Fire Insurance Co. v. J.S.U.B., Inc.

Subcontractor Defective Work as a Covered "Occurrence" Under CGL Policies: Analysis of United States Fire Insurance Co. v. J.S.U.B., Inc.

Date: Dec 21, 2007
Subcontractor Defective Work as a Covered "Occurrence" Under CGL Policies: Analysis of United States Fire Insurance Co. v. J.S.U.B., Inc. Introduction The case of United States Fire Insurance Co. v....
Affirmation of Death Sentence in Harold A. Blake v. State of Florida: Implications for Admissibility of Secretly Recorded Statements

Affirmation of Death Sentence in Harold A. Blake v. State of Florida: Implications for Admissibility of Secretly Recorded Statements

Date: Dec 14, 2007
Affirmation of Death Sentence in Harold A. Blake v. State of Florida: Implications for Admissibility of Secretly Recorded Statements Introduction The case of Harold A. Blake v. State of Florida (972...
Safeguarding the Right to a Fair Trial: Insights from McDuffie v. Florida

Safeguarding the Right to a Fair Trial: Insights from McDuffie v. Florida

Date: Nov 22, 2007
Safeguarding the Right to a Fair Trial: Insights from McDuffie v. Florida Introduction McDuffie v. State of Florida, 970 So.2d 312 (2007), is a landmark case adjudicated by the Supreme Court of...
No Duty for Residential Landowners in Foliage-Obstructed Intersections

No Duty for Residential Landowners in Foliage-Obstructed Intersections

Date: Nov 22, 2007
No Duty for Residential Landowners in Foliage-Obstructed Intersections Introduction In the landmark case of Be v. rly WILLIAMS, decided by the Supreme Court of Florida on November 21, 2007, the court...
Florida Supreme Court Affirms Constitutionality of Lethal Injection Procedures

Florida Supreme Court Affirms Constitutionality of Lethal Injection Procedures

Date: Nov 8, 2007
Florida Supreme Court Affirms Constitutionality of Lethal Injection Procedures Introduction In the landmark case Ian Deco Lightbourne v. Bill McCollum, et al. (969 So. 2d 326), the Supreme Court of...
Clarifying Coverage for Additional Insureds: Florida Supreme Court's Decision in Garcia v. Federal Insurance Company

Clarifying Coverage for Additional Insureds: Florida Supreme Court's Decision in Garcia v. Federal Insurance Company

Date: Oct 26, 2007
Clarifying Coverage for Additional Insureds: Florida Supreme Court's Decision in Garcia v. Federal Insurance Company Introduction In Garcia v. Federal Insurance Company, the Supreme Court of Florida...
BROOKS v. STATE: Establishing the "Could-Have-Been-Imposed" Standard for Rule 3.800(a) Motions

BROOKS v. STATE: Establishing the "Could-Have-Been-Imposed" Standard for Rule 3.800(a) Motions

Date: Oct 26, 2007
BROOKS v. STATE: Establishing the "Could-Have-Been-Imposed" Standard for Rule 3.800(a) Motions Introduction James L. BROOKS v. STATE of Florida (969 So. 2d 238) is a landmark decision by the Supreme...
Overriding the Impact Rule: Florida Supreme Court Establishes Physical Contact Suffices for Emotional Distress Claims

Overriding the Impact Rule: Florida Supreme Court Establishes Physical Contact Suffices for Emotional Distress Claims

Date: Oct 19, 2007
Overriding the Impact Rule: Florida Supreme Court Establishes Physical Contact Suffices for Emotional Distress Claims Introduction In the landmark case Marjorie Willis, et vir., Petitioners v. Gami...
Florida Supreme Court Establishes Exception to Impact Rule for Negligent Breach of HIV Test Confidentiality

Florida Supreme Court Establishes Exception to Impact Rule for Negligent Breach of HIV Test Confidentiality

Date: Oct 19, 2007
Florida Supreme Court Establishes Exception to Impact Rule for Negligent Breach of HIV Test Confidentiality Introduction In the landmark case of Florida Department of Corrections v. Lisa M. Abril, et...
Essential Element: Knowledge of Officer Status in Resisting Officer with Violence – POLITE v. STATE of Florida

Essential Element: Knowledge of Officer Status in Resisting Officer with Violence – POLITE v. STATE of Florida

Date: Sep 28, 2007
Essential Element: Knowledge of Officer Status in Resisting Officer with Violence – POLITE v. STATE of Florida Introduction In Gary Lamar POLITE v. STATE of Florida (973 So. 2d 1107, 2007), the...
Affirming Effective Counsel: Reinforcing the Strickland Standard in Capital Sentencing

Affirming Effective Counsel: Reinforcing the Strickland Standard in Capital Sentencing

Date: Sep 27, 2007
Affirming Effective Counsel: Reinforcing the Strickland Standard in Capital Sentencing Introduction In the landmark case of Dolan DARLING a/k/a Sean Smith v. STATE of Florida (966 So. 2d 366), the...
Florida Supreme Court Clarifies Valued Policy Law: Partial Covered Perils Do Not Mandate Full Policy Payout

Florida Supreme Court Clarifies Valued Policy Law: Partial Covered Perils Do Not Mandate Full Policy Payout

Date: Sep 21, 2007
Florida Supreme Court Clarifies Valued Policy Law: Partial Covered Perils Do Not Mandate Full Policy Payout Introduction In the aftermath of Hurricane Ivan on September 16, 2004, the Cox family's...
Termination of Unmarried Biological Fathers' Parental Rights: Insights from HEART OF ADOPTIONS, INC. v. J.A.

Termination of Unmarried Biological Fathers' Parental Rights: Insights from HEART OF ADOPTIONS, INC. v. J.A.

Date: Jul 13, 2007
Termination of Unmarried Biological Fathers' Parental Rights: Insights from HEART OF ADOPTIONS, INC. v. J.A. Introduction The case of Heart of Adoptions, Inc. v. J.A. (963 So. 2d 189), adjudicated by...
CARRATELLI v. STATE of Florida: Establishing the Actual Bias Standard for Prejudice in Ineffective Assistance of Counsel Claims

CARRATELLI v. STATE of Florida: Establishing the Actual Bias Standard for Prejudice in Ineffective Assistance of Counsel Claims

Date: Jul 6, 2007
CARRATELLI v. STATE of Florida: Establishing the Actual Bias Standard for Prejudice in Ineffective Assistance of Counsel Claims Introduction In CARRATELLI v. STATE of Florida, decided by the Supreme...
True Inconsistent Verdicts in Felony Murder: Analysis of STATE v. BROWN

True Inconsistent Verdicts in Felony Murder: Analysis of STATE v. BROWN

Date: Jun 15, 2007
True Inconsistent Verdicts in Felony Murder: Analysis of STATE v. BROWN Introduction STATE v. BROWN, 959 So. 2d 218 (Fla. 2007), is a landmark decision by the Supreme Court of Florida that addresses...
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