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Research Associates, Inc. |
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Sign up for free e-mail alerts of Florida appellate decisions, within hours of filing. |
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January 14 - January 18, 2019
Civil Law Headnotes (Jump to Criminal Law Headnotes)
THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
Administrative law -- Medicaid lien -- Standing to challenge -- Action arising out of challenge to amount of Medicaid lien raised by decedent's personal representative -- Because a personal representative is the person authorized to prosecute a deceased person's claims, decedent's personal representative qualifies as a “recipient” under section 409.910(17)(b) where the deceased qualified as a recipient
Dissolution of marriage -- Alimony -- Trial court erred in failing to make statutorily-mandated finding that no form of alimony, other than permanent alimony, was fair and reasonable -- Trial court erred in basing alimony award on husband's gross income rather than net income -- Child support -- Trial court erred in allocating collateral child support expenses in different percentage than child support allocation without providing logically established rationale -- Error to award retroactive child support without considering husband's mortgage payments during dissolution's pendency -- Equitable distribution -- Error to award wife a one-half interest in portion of husband's pension which accrued prior to parties' second marriage to one another
Insurance -- Homeowners -- Appraisal of loss -- By invoking appraisal pursuant to terms of policy, insurer waived compliance with post-loss obligations as condition to appraisal -- Trial court properly ordered parties to complete presuit appraisal which had already begun when insurer demanded that insured comply with post-loss obligations
Torts -- Civil theft -- Administratively dissolved limited liability company -- Trial court abused discretion by denying motion by administratively dissolved limited liability company for continuance of trial so that it could reinstate itself as an active entity, and prohibiting LLC from defending action or prosecuting counterclaim and third-party complaint
Criminal Law Headnotes (Jump to Civil Law Headnotes)
THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
Criminal law -- Possession of conveyance for trafficking -- Evidence that defendant drove vehicle to address on package to which a canine dog alerted and which was subject of a controlled delivery, retrieved the package from the house while his wife waited in the vehicle, placed the package in the vehicle, and drove away was insufficient to support conviction for possession of conveyance for trafficking -- Conviction was fundamentally erroneous where there was insufficient evidence to show that a crime was committed at all
Criminal law -- Search and seizure -- Traffic stop -- Deputy had probable cause to stop defendant who drove on the wrong side of the road for a short distance before correcting course
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