Florida Case Commentaries

Florida Supreme Court Rules Tripp Credit Inapplicable to Habitual Felony Offender Sentences

Date: Dec 24, 2004

Florida Supreme Court Rules Tripp Credit Inapplicable to Habitual Felony Offender Sentences Introduction In the landmark case of State of Florida v. Gary Matthews (891 So.2d 479, 2004), the Supreme...

Limiting Dismissal with Prejudice for Discovery Violations: Insights from HAM v. DUNMIRE

Date: Dec 24, 2004

Limiting Dismissal with Prejudice for Discovery Violations: Insights from HAM v. DUNMIRE Introduction The case of Suzanne S. Ham v. Scott Ryan Dunmire, et al. adjudicated by the Supreme Court of...

Strict Limitations on Appellate Review of Nonfinal Orders Denying Workers' Compensation Immunity

Date: Dec 17, 2004

Strict Limitations on Appellate Review of Nonfinal Orders Denying Workers' Compensation Immunity Introduction The case of Reeves v. Fleetwood Homes of Florida, Inc., 889 So. 2d 812 (Fla. 2004),...

Florida Supreme Court Affirms Insurance Coverage for Objectively Substantial Intentional Torts under Workers' Compensation Law

Date: Dec 10, 2004

Florida Supreme Court Affirms Insurance Coverage for Objectively Substantial Intentional Torts under Workers' Compensation Law Introduction The case of Travelers Indemnity Company v. PCR Incorporated...

Enforcement of Franchise Fees Post-Agreement Expiration: Florida Power Corp. v. City of Winter Park

Date: Oct 29, 2004

Enforcement of Franchise Fees Post-Agreement Expiration: Florida Power Corp. v. City of Winter Park Introduction Florida Power Corporation ("FPC") appealed a decision by the Supreme Court of Florida...

Balancing Customer Preference and Historical Presence in Utility Territorial Disputes: A Comprehensive Analysis of West Florida Electric Cooperative Association v. E. Leon Jacobs, Jr.

Date: Oct 22, 2004

Balancing Customer Preference and Historical Presence in Utility Territorial Disputes Introduction The case of West Florida Electric Cooperative Association, Inc. v. E. Leon Jacobs, Jr., et al.,...

Affirmation of Denial of Postconviction Relief in Dennis SOCHOR v. STATE of Florida

Date: Sep 22, 2004

Affirmation of Denial of Postconviction Relief in Dennis SOCHOR v. STATE of Florida Introduction In Dennis SOCHOR v. STATE of Florida, reported at 883 So. 2d 766, the Supreme Court of Florida...

Res Judicata and Successive Foreclosure Actions: Florida Supreme Court's Decision in SINGLETON v. GREYMAR ASSOCiates

Date: Sep 16, 2004

Res Judicata and Successive Foreclosure Actions: Florida Supreme Court's Decision in SINGLETON v. GREYMAR ASSOCiates Introduction The legal landscape surrounding foreclosure actions in Florida...

Clarifying Jurisdictional Boundaries: R.J. Reynolds Tobacco Co. v. Kenyon

Date: Sep 3, 2004

Clarifying Jurisdictional Boundaries: R.J. Reynolds Tobacco Co. v. Kenyon Introduction In the landmark case of R.J. Reynolds Tobacco Company v. Florence Kenyon, 882 So.2d 986 (Fla. 2004), the Supreme...

Affirmation of Death Sentence in Felony Murder with Multiple Aggravating Factors: Chamberlain v. State

Date: Sep 2, 2004

Affirmation of Death Sentence in Felony Murder with Multiple Aggravating Factors: Chamberlain v. State Introduction In the case of John Chamberlain v. State of Florida (881 So. 2d 1087), the Supreme...

Strict Construction of 'Unrelated Works' Exception in Florida Workers' Compensation Law: Taylor v. School Board of Brevard County

Date: Aug 20, 2004

Strict Construction of 'Unrelated Works' Exception in Florida Workers' Compensation Law: Taylor v. School Board of Brevard County Introduction Lawrence Taylor v. School Board of Brevard County is a...

Florida Supreme Court Establishes Rule: Habeas Corpus Petitions by Noncapital Defendants Must Comply with Rule 3.850

Date: Jul 16, 2004

Florida Supreme Court Establishes Rule: Habeas Corpus Petitions by Noncapital Defendants Must Comply with Rule 3.850 Introduction The case of DARRELL BAKER, Petitioner, v. STATE OF FLORIDA,...

Classification of Writ Petitions as Collateral Criminal Proceedings under Florida's Prisoner Indigency Statute: Schmidt v. Crusoe

Date: Jul 15, 2004

Classification of Writ Petitions as Collateral Criminal Proceedings under Florida's Prisoner Indigency Statute: Schmidt v. Crusoe Introduction In the landmark case of Schmidt v. Crusoe, the Supreme...

Affirmation of Death Sentences in WINDOM v. STATE: Implications of Procedural Defenses and the Retroactivity of RING v. ARIZONA

Date: Jul 9, 2004

Affirmation of Death Sentences in WINDOM v. STATE: Implications of Procedural Defenses and the Retroactivity of RING v. ARIZONA Introduction Curtis WINDOM v. STATE of Florida is a landmark decision...

Affirmation of Death Sentence and Admissibility of Prior Inconsistent Statements in Faunce Le v. n PEARCE

Date: Jul 2, 2004

Affirmation of Death Sentence and Admissibility of Prior Inconsistent Statements in Faunce Le v. n PEARCE Introduction Faunce Levon PEARCE v. STATE of Florida is a landmark case adjudicated by the...

Establishing Availability in Ineffective Assistance of Counsel Claims: NELSON v. STATE of Florida

Date: Jun 4, 2004

Establishing Availability in Ineffective Assistance of Counsel Claims: NELSON v. STATE of Florida Introduction Paul Michael NELSON v. STATE of Florida, 875 So. 2d 579 (Supreme Court of Florida,...

Duty of Care in Streetlight Maintenance: Supreme Court of Florida Sets New Precedent

Date: May 14, 2004

Duty of Care in Streetlight Maintenance: Supreme Court of Florida Sets New Precedent Introduction The case of Clay Electric Cooperative, Inc. v. Delores Johnson serves as a pivotal moment in...

Automobile Not 'Deadly Weapon' Under Florida Robbery Statute §812.13(2)(a): BURRIS v. STATE

Date: Apr 9, 2004

Automobile Not 'Deadly Weapon' Under Florida Robbery Statute §812.13(2)(a): BURRIS v. STATE Introduction In the landmark case of State of Florida v. Daniel Burris, 875 So. 2d 408 (Fla. 2004), the...

Uniformity in Unelaborated Denials of Extraordinary Writs: Topps v. State of Florida

Date: Jan 23, 2004

Uniformity in Unelaborated Denials of Extraordinary Writs: Topps v. State of Florida Introduction Martha M. Topps v. State of Florida is a landmark decision by the Supreme Court of Florida,...

Florida Supreme Court Upholds Multiple DUI Manslaughter Convictions: Clarifying the 'A/Any' Test and Legislative Intent

Date: Dec 5, 2003

Florida Supreme Court Upholds Multiple DUI Manslaughter Convictions: Clarifying the 'A/Any' Test and Legislative Intent Introduction In the landmark case of David BAUTISTA v. STATE of Florida, the...