LOG IN
    SELECT A PUBLICATION:
Florida Law Weekly
FLW Supplement
FLW Federal
User Name:
Password:
 


CONTACT
    Toll-free: 800-351-0917
    E-mail us
    Submit Opinions

PLACE AN ORDER
    Print Editions
    Online Editions
    Bound Volumes
    2/24-Hour Online Access


OUR PUBLICATIONS
    Florida Law Weekly
    FLW Supplement
    FLW Federal
    Collected Cases
    Sample FLW Online


RESEARCH
    Cross Citations
    Week In Review
    Rule Revisions
    Review Granted
    Current Issue Index
     Civil Section
     Criminal Section
    2018 Cumulative Index
     Civil Section
     Criminal Section
    Florida Statutes
    Helpful Links



  
Week In Review

Headnotes of selected Florida Supreme Court and District Courts of Appeal cases filed the week of
November 18 - November 22, 2019

Civil Law Headnotes (Jump to Criminal Law Headnotes)

THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
To see others not presented here, log in for more comprehensive weekly listings.

Corporations -- Not for profit -- Suspension and termination of membership in not-for-profit corporation that provided private roads and aircraft runways for its members -- Corporation did not violate its own governing documents when it terminated defendant's membership based on finding that he violated terms of membership by engaging in commercial activity -- Membership was suspended and terminated pursuant to procedure that was fair and reasonable and carried out in good faith as required by statute -- Nothing in statute requires that procedure for suspending or terminating a member be a preexisting written procedure -- Trial court erred in conducting de novo inquiry into merits of corporation's disciplinary decision
VIEW OPINION (login required)

Dependent children -- Shelter petition -- Appeals -- Order denying a shelter petition is a final order subject to appellate review -- Evidence that father touched child's genitals, touched child's thighs, and pulled her legs apart was sufficient to establish probable cause to shelter children on basis of sexual abuse -- Trial court erred in finding that there was no sexual abuse because there was no sexual motive in father's actions -- There is no sexual motive requirement for sexual abuse
VIEW OPINION (login required)


Criminal Law Headnotes (Jump to Civil Law Headnotes)

THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
To see others not presented here, log in for more comprehensive weekly listings.

Criminal law -- Attempted second degree murder -- Jury instructions -- Excusable homicide -- Trial court did not fundamentally err in failing to include a jury instruction on excusable homicide in defendant's attempted murder case -- Defendant affirmatively waived any claim to assert fundamental error where trial court specifically directed the parties to the missing definitions of justifiable and excusable homicide in the jury instructions, defense counsel acknowledged the omission, and defense counsel agreed to incomplete instructions without objection -- Question certified: Is it fundamental error to convict a defendant under an altered or incomplete lesser included charge where counsel affirmatively agrees to the instruction, but the record does not show that counsel was aware of the alteration or omission and affirmatively agreed to it and is it also necessary for the record to demonstrate that counsel was aware that the instruction, as altered, was erroneous?
VIEW OPINION (login required)

Criminal law -- Competency of defendant -- Trial court did not depart from essential requirements of law or deny defendant due process in declining to hold evidentiary hearing on defendant's written objections to order granting state's request to have defendant's third competency evaluation video-recorded
VIEW OPINION (login required)

Criminal law -- Immunity -- Stand Your Ground law -- Petition for writ of prohibition seeking to reverse order denying immunity -- State presented clear and convincing evidence that petitioner was not entitled to immunity from prosecution for altercation with victim -- Trial court's findings that victim did not present reasonable threat of imminent use of unlawful force against petitioner were supported by competent, substantial evidence -- Prohibition denied
VIEW OPINION (login required)

Criminal law -- Juveniles -- Confession -- Corpus delicti -- To establish corpus delicti for purpose of admission of a confession, state need only show that a crime has been committed, not that the defendant committed that particular crime, except in circumstances where proof of identity is necessary to show that a crime has been committed at all -- Corpus delicti was established for offense of possession of a controlled substance where baggie of cocaine was found on ground in proximity of juvenile's flight from police -- Trial court did not err in admitting juvenile's confession
VIEW OPINION (login required)

Criminal law -- Vehicular homicide -- Evidence that defendant was racing at time of crash in which vehicle passenger was killed was sufficient to find that defendant was operating vehicle in reckless manner -- Evidence was sufficient to support conclusion that race was still in progress when defendant lost control of vehicle -- Trial court properly denied motions for judgment of acquittal
VIEW OPINION (login required)