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Mortgage foreclosure -- Condition precedent -- Summary judgment of foreclosure reversed where mortgagee failed to overcome assertion that it failed to provide notice and opportunity to cure
Criminal law -- Sentencing -- Written order sentencing defendant to concurrent terms of twenty-five years for vehicular homicide and a suspended five-year sentence for reckless driving failed to conform to oral pronouncement sentencing defendant to twenty years on count one and five years on count two to be served consecutively -- Trial court must enter a sentencing order that matches the oral pronouncement -- If defendant then seeks to have sentence declared illegal, trial court may correct sentence to conform to original sentencing intent -- If by law the two counts must be concurrent, there is no reason why trial court could not impose the concurrent twenty-five year sentence, so long as it does not violate limitations of North Carolina v. Pearce
Criminal law -- Counsel -- Waiver -- Trial judge erroneously denied defendant's pro se petition to dismiss his appointed attorney and to allow defendant to represent himself where defendant's request to discharge counsel was unequivocal and motion was denied solely on defendant's lack of capacity to represent himself effectively -- Defendant did not waive right to represent himself by proceeding to trial with counsel, as the state suggests, where trial court would not have conducted a Faretta hearing unless it viewed defendant's request as unequivocal and defendant never agreed to have appointed counsel continue to represent him, nor was there any indication that defendant and counsel had resolved their differences -- Moreover, trial judge never revisited the issue to determine whether defendant continued in his desire to proceed alone -- Reversed and remanded for new trial
Torts -- Negligence -- Directed verdict -- Action arising out of injuries plaintiff received in a single-vehicle crash when the tractor-trailer owned by defendant tipped over when plaintiff was driving it due to load shifting after wooden trailer bed broke during transportation -- Error for trial court to grant defendants' motion for directed verdict because the jury could have reasonably found that there was a causal relationship between the defendants' alleged negligence and the crash where evidence showed that trailer was in poor condition, defendants had knowledge of the poor condition, defendants utilized wood inconsistent with wood typically used in such trailers, defendants were unable to produce records relating to maintenance and/or repairs of the trailer, the load was properly secured, and plaintiff was an experienced driver that was familiar with the road on which the crash occurred -- Argument that plaintiffs were required to present expert testimony on the issue of causation is rejected where it is not beyond the common knowledge that deterioration of a trailer's wooden bed will reduce load-bearing capacity and that sudden shifting of thousands of pounds could cause tractor-trailer to flip over
Dependent children -- Termination of parental rights -- Order terminating parental rights finding that mother consented to termination by failing to appear at adjudicatory hearing is affirmed where there is sufficient, competent evidence to sustain trial court's findings and conclusions
Criminal law -- Post conviction relief -- Double jeopardy -- Conspiracy -- Defendant convicted of conspiracy to commit burglary of a dwelling and conspiracy to commit robbery -- Trial court was incorrect in applying Blockburger analysis for crime of conspiracy where it must be determined if there was a single agreement to commit a criminal act or acts; and if a single agreement exists, whether only one conspiracy exists even if objective is commission of multiple offenses -- Due to the lower court's failure to attach any documents refuting defendant's claim of double jeopardy, it is impossible to determine whether or not there was a single agreement to commit more than one crime or two separate agreements to commit different crimes -- Reversed and remanded to provide attachments from record conclusively refuting defendant's claims of double jeopardy or to vacate the conviction for the lesser conspiracy offense
Administrative law -- School boards -- Termination of employment of special education teacher who engaged in prolonged, inappropriate verbal exchange with student that involved profanity -- In terminating teacher's employment, school board improperly disregarded recommendation of administrative law judge -- School board improperly rejected ALJ's findings of fact which were supported by competent substantial evidence, and improperly added new findings of fact -- Termination of employment was improper where teacher's misconduct did not impair teacher's effectiveness as a matter of law, and ALJ found, as a factual matter, that teacher's effectiveness was not impaired
Torts -- Negligence -- Apparent agency -- Franchisors -- Action against franchisor of tax service franchises by plaintiffs who lost money in a fraudulent real estate investment scheme promoted by an affiliate of one of defendant's franchisees which shared office space with the franchisee -- Trial court erred in denying defendant's motion for directed verdict on negligence claim where defendant owed no duty to plaintiffs to prevent the fraudulent conduct of the affiliate of its franchisee -- Trial court erred in denying defendant's motion for directed verdict on the claim of apparent agency where there was no showing that defendant made any representation concerning the status of the affiliate as its agent, and no showing that plaintiffs relied on an agency relationship between defendant and the affiliate when they invested in the fraudulent scheme
Criminal law -- Confession -- Trial court erred in denying defendant's motion to suppress his confession where police violated defendant's Miranda rights by attempting to persuade him to speak with them after he unequivocally requested counsel -- Defendant unequivocally invoked right to counsel by stating that he would “like to have an attorney present during questioning” -- Detective continued interrogation and undermined defendant's request for counsel by stating that there was a lot to talk about, that counsel could not be provided “right this minute,” and that “it doesn't work that way.”
Criminal law -- Sentencing -- Correction -- Resentencing -- No error in summarily denying relief on claim that resentencing court violated Apprendi v. New Jersey by enhancing guidelines sentences based upon factual findings by judge instead of jury where sentences imposed did not exceed statutory maximum for offenses -- Decision in Blakely v. Washington, in which U.S. Supreme Court clarified that statutory maximum for Apprendi purposes is maximum sentence a judge may impose solely on basis of facts reflected in jury verdict or admitted by defendant, did not apply retroactively to sentences which were final before Blakely issued
Criminal law -- Attempted kidnapping -- Error to deny motion for judgment of acquittal on charge of attempted kidnapping where evidence was insufficient to establish that defendant committed an overt act toward completion of kidnapping, but instead established only that defendant was in preparatory stage of possible scheme to kidnap the wife of the manager of supermarket and hold her for ransom
Criminal law -- Plea -- Withdrawal -- Error to summarily deny pre-sentencing motion to withdraw plea without holding evidentiary hearing where motion presented sufficient basis for withdrawal of plea -- Moreover, counsel argued at nonevidentiary hearing that she had failed to advise defendant of an available defense, and entry of plea based upon counsel's mistaken advice can be valid basis for finding good cause -- Remand for evidentiary hearing
Criminal law -- Community control revocation -- No error in finding that defendant violated community control by committing new law violations -- Error to find that defendant violated community control by failing to remain in residence as required by curfew where evidence did not establish willful and substantial violation of curfew -- Revocation affirmed where it is clear from transcript of revocation hearing that trial court would have revoked community control based solely on valid violations
Criminal law -- Post conviction relief -- Counsel -- Ineffectiveness -- Error to dismiss rule 3.850 motion as untimely where motion was filed within two years of issuance of mandate in belated appeal
Criminal law -- Ineffective assistance of appellate counsel -- Appellate counsel was ineffective in failing to argue that then-standard jury instruction on manslaughter by act was fundamentally erroneous because it included an additional element of intent to kill -- Because new appeal would be redundant in this case, conviction for second-degree murder with weapon, as lesser included offense of first-degree premeditated murder, reversed, and case remanded for new trial
Criminal law -- Obtaining controlled substance by withholding information -- Search and seizure -- Pharmacy records -- Medical records -- Trial court did not err in denying defendant's motion to suppress his pharmacy records obtained by law enforcement officers without a warrant, subpoena, or prior notice to defendant -- Trial court erred in denying motion to suppress statements from defendant's doctors, because detective's conduct in obtaining the statements without the defendant's authorization, a subpoena or notice to defendant violated statute and defendant's right to privacy -- Statements to detective by doctors that they had issued a prescription to defendant for a controlled substance, that defendant did not tell the doctors that he had received a prescription for a controlled substance from another provider within the last thirty days, and that they would not have prescribed a controlled substance to defendant if defendant had disclosed a prior prescription constituted reports and records relating to the examination or treatment of defendant -- Because detective displayed a lack of good faith in obtaining statements from doctors and their employees, the statements should be suppressed
Criminal law -- Murder -- Death penalty -- Post conviction relief -- Habeas corpus -- Counsel -- Ineffectiveness -- No error in denying relief on claims that counsel was ineffective for offering testimony of defendant's brother during sentencing phase of trial as part of defense strategy to portray defendant as individual with an extensive documented history of mental health disorders; and failing to present information regarding mental health mitigation in addition to the testimony of the two mental health experts called by counsel during penalty phase of trial -- Claim that defense counsel during penalty phase of a prior unrelated murder trial should have known about future charge forthcoming for murder of victim in instant case and was ineffective for allowing defendant to confess to that prior murder without warning him that such a confession could be used against him in a future prosecution is not cognizable -- Counsel's allegedly deficient performance at one trial cannot constitute ineffective assistance at another, entirely separate trial -- No error in denying relief on claim that counsel was ineffective during guilt phase for failing to move to suppress defendant's statements to law enforcement, a claim which should have been raised on direct appeal and which, in any event, was meritless -- No error in denying relief on claim that counsel was ineffective for failing to inform jury that defendant was medicated during a prior, unrelated trial -- No error in denying relief on claim that counsel was ineffective for failing to object to oral jury instruction containing a one-word misstatement which was not reflected in the correct written instructions which the jury took into the deliberation room -- Evidence -- Similar collateral crime -- Claim that trial court erred in admitting evidence of defendant's prior conviction for a different murder based on certain testimony from medical examiner was raised and decided on direct appeal and is procedurally barred -- Trial court did not err by summarily denying legally insufficient claims -- No error in denying relief on claim that counsel was ineffective for failing to challenge reliability of fingerprint evidence -- Claim that mental disorders constitutionally bar imposition of death penalty is both procedurally barred and without merit -- Claims raised in habeas petition which are merely duplications of issues raised in post conviction motion are procedurally barred
Criminal law -- Standard Jury Instructions in Criminal Cases -- Amendment -- Instructions pertaining
to fleeing law enforcement officer and aggravation of a felony
Child support -- Modification -- Jurisdiction -- Under section 409.2563, circuit court had jurisdiction to modify child support payments originally established by administrative support order where the circuit court order prospectively reduced father's total payments and did not apply any modifications retrospectively or change the amount of arrearages previously recognized
Criminal law -- Post conviction relief -- Counsel -- Appointed -- Trial court erred by not appointing counsel to represent defendant at evidentiary hearing -- Reversed and remanded with orders to appoint counsel
Criminal law -- Plea -- Withdrawal -- Counsel -- Trial court erred in denying motion to withdraw plea, after failing to appoint conflict-free counsel, where original defense counsel refused to prepare a motion to withdraw plea and then argued his client's pro se motion lacked merit, thus rendering his relationship with defendant adversarial and entitling defendant to conflict-free counsel -- Remand for vacation of order denying the motion to withdraw plea and for appointment of conflict-free counsel
Torts -- Premises liability -- Landlord-tenant -- Action against defendant for alleged failure to provide reasonable security for a convenience store where plaintiff was victim of an attempted carjacking -- Trial court did not err in granting final summary judgment in favor of defendant because there was no evidence to suggest that defendant exercised any control over the premises or public access to it where, even though defendant owned and leased the building in which the store was housed, the convenience store had been sold to lessee, whose president testified that he ran the store's daily operations and was responsible for maintaining the premises; and the lease agreement between defendant and lessee required lessee to maintain liability insurance, including coverage for injuries or damages arising from lessee's use of premises -- The fact that lease did not specifically address security or responsibility for maintaining a safe premises did not create an issue of fact because record established that lessee had this responsibility -- Similarly, fact that defendant maintained its own insurance policy on the premises does not create an issue of fact because the policy does not establish that defendant had control over premises -- Defendant's continued contact with lessee did not create issue of fact where there was no evidence contact was for purpose of exercising control over premises
Criminal law -- Sex offender probation -- Modification -- Electronic monitoring -- Jessica Lunsford Act -- Because defendant's crimes were committed before JLA's effective date, application of JLA's mandatory electronic monitoring requirement for certain sex offenders who violate their probation violated ex post facto clauses of the United States and Florida Constitutions and was thus improper -- The ex post facto claim at hand is evaluated in light of whether the law changes the punishment to inflict greater punishment than when the crime was committed, and while no Florida appellate courts have directly addressed whether mandatory electronic monitoring constitutes greater punishment, Florida courts have consistently treated it as a sentencing enhancement -- Because trial court could have imposed electronic monitoring even before JLA and it is unclear whether it would have done so had it known it was not mandatory, on remand for resentencing trial court is to exercise discretion to determine whether electronic monitoring should be imposed
Criminal law -- Possession of cocaine -- Search and seizure -- Vehicle -- Cell site location information -- Although law enforcement violated Chapter 934, Florida Statutes, by tracking location of defendant using real-time cell site location information (CSLI) where it had sought court order only for pen register and trap-and-trace information and where its application failed to offer specific and articulable facts to show CSLI was relevant to ongoing investigation, trial court correctly denied motion to suppress evidence found in stopped vehicle because the exclusionary rule is not a remedy for violations of Chapter 934 -- Criminal penalties and civil remedy given in Chapter 934 are the only remedies authorized for such a violation -- Where law enforcement used real-time CSLI to track defendant's location only on public roads, there was no Fourth Amendment violation
Criminal law -- Sexual battery on child -- Evidence -- Confession -- Independent establishment of corpus delicti -- Exceptions -- Crime involving sexual abuse -- Where state could not prove corpus delicti of crime concerning one victim because that victim recanted her accusation, state was required to prove by preponderance of evidence that there was sufficient corroborating evidence that tended to establish trustworthiness of defendant's confession in order for the confession to be admissible pursuant to section 92.565 with regard to sexual battery of that victim -- There was sufficient evidence to support trial court's finding of trustworthiness where defendant gave a statement in which he confessed to sexual relations with two minor girls, defendant subsequently wrote a letter of apology to these two girls and a third girl whom he was charged with molesting, defendant's oral statements included several indicia of trustworthiness that would have been unknown to anyone other than the criminal, and second sexual battery victim, who did not recant her accusation, corroborated defendant's confession
Torts -- Attorney's fees -- Proposal for settlement -- Under specific facts and circumstances of instant case, provision of proposal for settlement requiring that plaintiff execute a full release of liability in favor of the defendant and its affiliated insurance company was not ambiguous -- Court notes that it is preferred practice to set forth the terms of a release with particularity, either within body of proposal or by attaching the form of the release
Torts -- Electric utilities -- Releases -- Action for damages allegedly resulting from a fire caused by a power line that fell on plaintiff's house -- Error to grant final summary judgment where amount of damages was factual issue which was still in dispute -- Release agreements executed by plaintiff's homeowner's insurer and Florida Insurance Guaranty Association, as insurer's successor in interest, accepting certain amounts from utility company in full satisfaction of their respective claims did not bind plaintiff, even if defendant might be entitled to collateral source set-off at some future point in the proceedings
Mortgage foreclosure -- Summary judgment -- Supporting affidavit -- Affidavit of “specialist” at loan servicer was inadmissible hearsay and insufficient to support plaintiff's motion for summary judgment where amount owed stated by affiant was derived from company's computer system, but affiant did not know who entered the data into computer and could not verify that the entries were correct at the time they were made and where, in calculating defendants' payment history, affiant relied in part on data retrieved from a prior servicer of the defendants' loan -- Error to enter summary judgment of foreclosure in favor of plaintiff -- Attorney's fees -- Error to sanction mortgagors' counsel for filing frivolous pleadings pursuant to section 57.105 based on counsel's use of a “form affidavit” -- Statute could not serve as basis for sanction where trial court did not find that defendants' claims were frivolous or conclude that affidavit was filed to cause unreasonable delay -- Sanctions could not be imposed based upon trial court's inherent authority without express finding of bad faith supported by detailed factual findings describing the specific acts of bad faith conduct that resulted in “unnecessary incurrence of attorneys' fees” -- Remand for further proceedings
Contracts -- Yacht sale -- Error to permit prospective buyers to recover principal sum from would-be sellers, rather than from escrow agent which continued to hold the funds -- Buyers should recover from sellers the accrued prejudgment interest on their escrow deposit from date funds should have been returned to them
Declaratory judgments -- Real property -- Interpretation of warranty deed -- Appeals -- Appeal from declaratory judgment determining what rights each party had in property based on language of warranty deed dismissed for lack of jurisdiction because count requesting declaratory judgment was interrelated with remaining counts of complaint seeking reformation of warranty deed, partition, and accounting
Torts -- Attorneys -- Action alleging legal malpractice, negligence, breach of fiduciary duty, and exploitation of vulnerable adult -- Civil procedure -- Summary judgment -- Summary judgment was prematurely granted in favor of defendants based on plaintiffs' inability to prove their damages by sworn testimony where ten days remained before discovery cutoff and case had been rolled to another month's docket due to ongoing discovery
Mortgage foreclosure -- Due process -- Error to enter final judgment of foreclosure in favor of holder of first mortgage based on a settlement agreement to which junior lienholders were not parties without affording junior lienholders an opportunity to defend their interests in property and to present evidence of their attempts to cure, a right which had been granted to junior lienholder in a prior settlement agreement to which junior lienholders were parties and which had been entered as an agreed order
Dependent children -- Termination of parental rights -- Appeals -- Affirmance of lower court ruling is required, in absence of transcript, where parent seeks to challenge sufficiency of evidence and does not allege any error that is apparent on face of final judgment
Real property -- Forged deed -- Equitable estoppel -- Declaratory action to determine right to property which was conveyed to defendant through a series of conveyances which originated with a forged deed -- Initial rightful owner of property who knew that property had been conveyed by forged deed, but failed to previously assert any interest in property, is equitably estopped from asserting interest in property superior to that of defendant who purchased property in reliance on public records and without knowledge of the forgery
Criminal law -- Dealing in stolen property -- Evidence was insufficient to support conviction for dealing in stolen property where defendant's purchase of stolen property was consistent with personal use, but state pointed to no factor, beyond bare assertions, which would allow an inference that defendant intended to sell the items later -- Remand for entry of order granting defendant's motion for judgment of acquittal on this charge
Criminal law -- Sentencing -- Correction -- Successive motions -- Rule 3.800 motion claiming that defendant was illegally sentenced to consecutive minimum mandatory sentences for use of firearm arising out of single criminal episode is not barred as successive where issue had not been determined on the merits when court denied prior rule 3.850 motion -- Order summarily denying rule 3.800 motion reversed and remanded for trial court either to correct defendant's sentences or to attach portions of record refuting claim that sentences are illegal and/or result in manifest injustice
Injunctions -- Receivership -- Trial court abused discretion in enjoining defendant from disposing of funds in an account where order did not make any finding of a special showing of irreparable harm apart from alleged past loss of monetary assets -- Injunction is inappropriate when there is no special showing of future immediate danger or loss other than past loss of monetary assets -- Court abused discretion in appointing receiver to control funds in account where there was no showing of any risk of loss, clear legal right to property or a special fund creating irreparable harm to petitioner other than an alleged past loss of monetary assets
Labor relations -- Public employees -- Unfair labor practices -- Union committed an unfair labor practice when it did not allow a non-union teacher to have union representation at a performance review proceeding, where teacher would have been permitted to have union representation if he had been a union member -- Competent substantial evidence supports hearing officer's finding that union's motivation in negotiating, administering, and maintaining provision in collective bargaining agreement was to create and perpetuate a system which requires employees to become union members to obtain the right of representation at a performance review proceeding -- Union cannot in good faith negotiate, maintain, or condone a contract provision which requires employees to become union members to obtain a benefit -- Competent substantial evidence supports hearing officer's finding of intent -- Public Employees Relations Commission erred in denying teacher an award of attorney's fees and costs where union knew or should have known that its conduct violated established law
Dissolution of marriage -- Trial court erred in awarding former wife reimbursement for federal income taxes paid by her on post-dissolution alimony payments where former wife did not file exception to that portion of general magistrate's report and recommendation that former wife be denied reimbursement based on doctrine of unclean hands -- Appeals -- Order granting former wife's counsel's objection to referral to magistrate of former husband's request for attorney's fees and costs pursuant to section 57.105, Florida Statutes, is a non-appealable, non-final order
Criminal law -- Double jeopardy -- Separate convictions for driving while license revoked as habitual traffic offender pursuant to section 322.34(5) and driving with canceled, suspended, or revoked license pursuant to section 322.34(2) do not violate double jeopardy principles
Criminal law -- Sentencing -- Habitual offender -- Claim that defendant was erroneously sentenced as habitual offender because requisite prior offenses belong to another person may properly be raised in rule 3.800 petition in trial court
Criminal law -- Post conviction relief -- Failure of trial court to advise of deportation consequences of plea -- Error to summarily deny motion without addressing claim -- Remand for evidentiary hearing or attachment of record excerpts conclusively showing no entitlement to relief
Counties -- Employees -- Employee who was found guilty of multiple crimes was properly terminated pursuant to provisions of county code, although employee received a withhold of adjudication as to convictions -- Circuit court departed from essential requirements of law by reversing county manager's decision denying employee's request for administrative hearing to contest discharge from employment, and by reversing termination of employment because employee received a withhold of adjudication
Criminal law -- Post conviction relief -- Trial court did not abuse its discretion in excluding defendant from evidentiary hearing on rule 3.850 motion based on defendant's disruptive courtroom behavior after defendant punched his post conviction attorney -- Counsel -- Trial court conducted adequate inquiry as to defendant's dissatisfaction with appointed counsel -- Trial court did not abuse its discretion in refusing to discharge appointed counsel and refusing to appoint another post conviction counsel for defendant where defendant failed to show any valid basis for discharging appointed counsel -- Trial court did not abuse its discretion in refusing to allow defendant, whose legal filings were largely incomprehensible, to represent himself where defendant did not unequivocally ask to represent himself at the hearing
Criminal law -- Restitution -- Burglary -- Grand theft -- Error to award restitution based on purchase price without adequately calculating the fair market value of the stolen items where trial court identified no special circumstances that would permit it to award purchase price in lieu of FMV -- Trial court abused its discretion by applying an arbitrary percentage of depreciation to the purchase price without an explanation or record support -- Reversed and remanded for evidentiary hearing to determine either FMV of stolen items or to identify special circumstances permitting an award based on purchase price
Criminal law -- Felony driving while license revoked -- Evidence -- Prior convictions -- Impeachment -- Trial court erred in allowing prosecutor to impeach defendant by asking if defendant had ever been convicted of a felony even though prosecutor did not have a certified copy of any conviction and only possessed a national crime index computer printout -- Questions regarding past convictions should not be asked unless counsel has knowledge of a conviction and possesses a certified copy of the judgment of conviction -- Mere possession of NCIC rap sheet alone, without any attempt to obtain certified copies or corroborate convictions, is not sufficient to permit counsel to pose impeaching questions based upon prior convictions -- Error was not harmless where the fact that a defendant has been convicted of a crime impacts defendant's believability, which was critical to defendant's defense of necessity, and defense counsel informed court that her jury selection strategy would have been different had she known about prior conviction prior to jury selection -- Defense counsel did not waive issue for appellate review by asking defendant about prior convictions on direct examination where trial court had already ruled that the state could ask question about prior felonies even without having certified copies
Criminal law -- Double jeopardy -- Introducing contraband into detention facility -- Lesser included offenses -- Defendant charged with trafficking in oxycodone, possession of an electronic weapon by convicted felon, introducing contraband into detention facility, possession of hydromorphone, possession of cocaine, and possession of alprazolam arising from incident in which defendant allegedly concealed bag of contraband in his sock when taken to detention facility -- No double jeopardy violation arose where trial court completely vacated adjudication of guilt on charge of introducing contraband into detention facility and instead convicted and sentenced defendant on the lesser included possession offenses -- While normal practice is to vacate the lesser included offenses, trial court's remedy of vacating the greater offense eliminated any potential double jeopardy issue -- Because defendant made an open plea to the court, and did not seek to withdraw or contest the voluntariness of his plea, the court could fashion the remedy it did
Criminal law -- Evidence -- Impeachment -- Prior convictions -- Certified copies -- Trial court did not err in allowing state to enter certified copies of defendant's prior convictions without requiring the state to provide additional evidence that prior convictions were in fact defendant's, although defendant raised issue of identity, where the copies were introduced for the purpose of impeaching defendant's character and not to establish an essential element of an offense or sentence enhancement -- A party need prove name identity only by a preponderance of the evidence when introducing evidence of past convictions for impeachment purposes -- Although the judgments bear slight variations in the name, many have either dates of birth, social security numbers, or both, which are identical to defendant's -- When defendant declined to introduce any evidence to disprove identity, the trial court was entitled to rely on the strong inference created by the similarities between defendant's name and the names on the prior judgments and hold that the state met its burden
Condominiums -- Assessment liens -- Action to foreclose on claim of lien for alleged unpaid condominium assessments -- Trial court erred in granting final judgment foreclosing claim of lien where the association failed to make a proper claim of lien or to give sufficient notice in its complaint of amounts claimed to be due, and defendant showed that she consistently made payments required, had detailed records to support her payments, many of which were not properly credited by association, and paid all sums due in accordance with notices and claim of lien -- Claim of lien was incorrect and overstated amount due where assessments stated in claim of lien had been paid at the time of foreclosure -- Association failed to give sufficient notice to defendant where the complaint, claim of lien and demand letters sent prior to foreclosure proceedings failed to provide notice that the actual claims being tried were claims of interest and attorney's fees -- Had association made proper claim or given sufficient notice, case would likely have never been filed
Criminal law -- Search and seizure -- Trial court properly denied motion to suppress cultivated marijuana found in locked garage during search of defendant's rental residence -- No error in finding defendant consented to search of home, because defendant's argument that he was pulled out of home and badgered for an hour until signing consent is based on his own version of events, which trial court rejected -- Competent, substantial evidence supports trial court's finding that defendant validly consented to search -- No error in finding consent extended to the garage, to which defendant claimed that he lacked access, where detective's testimony established defendant, in consenting to search of whole house, said, “if you can get into it, you can search it” -- Standing -- With respect to claim by defendant that consent to search the whole house was not valid because he lacked standing to give valid consent to search an area not within his possessory interest, custody, or control, by disclaiming any interest in the garage, defendant disclaimed any expectation of privacy in the garage -- Moreover, there was evidence a key to the garage was on defendant's key chain, negating the conclusion that he did not have control over the garage
Condominiums -- Contracts -- Deposits -- Trial court erred in dismissing condominium purchaser's complaint alleging that condominium developer violated requirements of section 718.202, Florida Statutes (2006), by using a single escrow account, rather than two separate accounts, for “10 percent” buyer deposits under section 718.202(1) and “in excess of the ten percent” buyer deposits under section 718.202(2) -- Failure to establish two separate escrow accounts for buyer's deposits violated statute, and rendered purchase and sale agreement voidable by buyer -- 2010 “clarification” amendment to statute, which allows the use of only one escrow account, cannot be given retroactive effect because retroactive application of amendment would impair vested contract rights -- Final judgment in favor of escrow agent was proper, because statute does not authorize a private cause of action against an escrow agent
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