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MUNICIPAL CORPORATIONS--ZONING. Ordinances which prohibit the parking of trucks in residential areas unless parked in an enclosed garage and prohibit the parking of trucks, trailers, and commercial and recreational vehicles upon streets or other public places in the city between the hours of 7:00 p.m. and 7:00 a.m. are constitutional on their face, are rationally related to a legitimate governmental interest, and are constitutional as applied to an open-bed pickup truck which is used for personal purposes. Read more...
CRIMINAL LAW--DRIVING UNDER THE INFLUENCE WITH SERIOUS BODILY INJURY--CORPUS DELICTI. Where the evidence showed that all three occupants of a vehicle had been drinking and showed signs of impairment, and that the vehicle ran a red light and collided with another vehicle causing serious injury to an occupant of the other vehicle, it was not necessary to independently prove the identity of the driver of the vehicle to establish the corpus delicti of the crime of DUI with serious bodily injury. Read more... SERVICE OF PROCESS. Service of process was defective where the process server failed to note the time of service on the copy of the complaint left with the person served. Read more... MORTGAGE FORECLOSURE--RECEIVERSHIP--EX PARTE. It was error to appoint a receiver for property involved in a mortgage foreclosure action without providing notice and an opportunity to be heard where the mortgagee failed to establish that an ex parte receivership was necessary to avoid immediate irreparable harm to the mortgaged property or that giving notice and holding a hearing would accelerate or precipitate any injury. Read more... TITLE INSURANCE--RESCISSION OF POLICY. The insurer was entitled to rescission of a policy of title insurance where the property owner learned of a defect in title after obtaining a tax deed to the property, and then applied for title insurance without disclosing the known defect in title to the insurer. Read more...
![]() TORTS--PHYSICIANS. Florida's Medical Consent Law does not preclude an action against a physician for battery where the issue is the absence of consent for the physician to perform a particular surgical procedure, not the adequacy of the patient's consent. Read more... GOVERNMENT IN THE SUNSHINE. A county and city did not violate Florida's Sunshine Law in connection with the meetings and negotiations leading up to a memorandum of understanding with a professional baseball team which agreed to relocate its spring training to the county and concomitant interlocal agreements. Read more... CRIMINAL LAW--STAND YOUR GROUND LAW. Where defendants were seated in a vehicle at place where they had a right to be, were not engaged in unlawful activity, and had lawful possession of an AK-47 when a vehicle containing individuals with whom the defendants had exchanged gunfire earlier in evening approached and fired on them, the defendants had the legal right to use deadly force in self-defense. Read more... CRIMINAL LAW--DRIVING UNDER INFLUENCE. An officer is not required to warn a motorist of the right to refuse to perform roadside sobriety tests. Read more... INSURANCE--PERSONAL INJURY PROTECTION. An insurer's notice requesting documentation to verify that a medical provider was eligible to receive payments for PIP benefits was not a request for information within the scope of 627.736(6)(b) to which provider was required to respond, and time for payment of benefits was not tolled. Read more...
![]() ELECTIONS--CAMPAIGN FINANCING. A candidate for governor is likely to succeed on the merits of his First Amendment claim that the excess spending subsidy of the Florida Election Campaign Financing Act severely burdens his right to spend unlimited sums of his personal funds and private donations in furtherance of his candidacy. Read more... CLASS ACTIONS. In a Class Action Fairness Act action originally filed in federal court, at least one of the plaintiffs must allege an amount in controversy that satisfies the current congressional requirement for diversity jurisdiction provided in 28 U.S.C. section 1332(a). Read more... BANKRUPTCY. A plain reading of 11 U.S.C. § 1325, a recent U.S. Supreme Court ruling, and the Congressional intent behind BAPCPA mandate that an above median income debtor remain in bankruptcy for a minimum of five years, unless all unsecured creditor's claims are paid in full. Read more... BANKRUPTCY. For purposes of the Rule 9024 exception to the one-year filing requirement for motions seeking seek reconsideration of an order allowing or disallowing a claim entered without a contest, filing an objection to a claim creates a "contested matter." Read more... ALIENS. An alien's request for voluntary departure, immediately after the Immigration Judge rendered his oral decision on removal, but prior to the conclusion of the hearing, was timely and consistent with the statutory requirement that an IJ may grant voluntary departure "at the conclusion of a proceeding." Read more... FIREARMS. The Second Amendment right to keep and bear arms is fully applicable to the States. Read more... SPEECH. A public institution's conditioning access to a student-organization forum on compliance with its all-comers policy does not violate the Constitution, because compliance with the all-comers policy is reasonable viewpoint-neutral condition on access to the student-organization forum. Read more...
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Collected Cases 2009 Editions ![]() Family Law Workers' Compensation
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