Highlights of Recent Cases
from Florida's Circuit and County Courts

• JUDGMENT LIENS. Where the judgment lienor's address appeared on the portion of a final judgment indicating persons to whom copies were sent, but did not appear between the document's caption and the judge's signature, the lienor's address was not contained within the judgment, as required by statute, and the judgment did not become a lien on the judgment debtor's real property. (Cty. Ct., Palm Beach County.) 1015a

• INSURANCE--PERSONAL INJURY PROTECTION. A medical provider who charged a PIP insurer an amount for x-ray interpretative services in excess of what it charged other entities with which it had agreements to provide the same services violated the statutory requirement that charges to a PIP insurer not exceed the amount a provider customarily charges for like services. (Cty. Ct., Miami-Dade County) 1004b

• LIENS--HOMESTEAD. A judgment debtor voluntarily abandoned the homestead status of his condominium unit prior to the recording of the judgment against him by voluntarily moving from the unit, leasing the unit to a third party, and making no attempt to reoccupy the unit. Circuit Court, Eleventh Judicial Circuit in and for Miami-Dade County. Filed August 7, 2008. Full Text at Circuit Courts-Original Section, page 990a.

• SEARCH AND SEIZURE--RESIDENCE. The warrantless entry of defendant's residence to effect an arrest for prior drug sales was unlawful where the officers had no reasonable basis for believing that the woman who invited the officers into the residence had actual or apparent authority to allow entry. Circuit Court, Seventh Judicial Circuit in and for Volusia County. Filed August 7, 2008. Full Text at Circuit Courts-Original Section, page 987a.

• DRIVER'S LICENSE SUSPENSION--REFUSAL TO SUBMIT TO BREATH TEST--IMPLIED CONSENT WARNING. An officer's statement that the right to counsel had nothing to do with a breath test request did not require invalidation of a license suspension. Circuit Court, Thirteenth Judicial Circuit (Appellate) in and for Hillsborough County. Filed August 1, 2008. Full Text at Circuit Courts-Appellate Section, page 970a.

• INSURANCE--PERSONAL INJURY PROTECTION--ASSIGNMENT. An insured may execute assignments of benefits in favor of multiple healthcare providers. Circuit Court, Thirteenth Judicial Circuit (Appellate) in and for Hillsborough County. Filed April 15, 2008. Full Text at Circuit Courts-Appellate Section, page 967a.

• CREDITORS' RIGHTS--STUDENT LOANS--LIMITATION OF ACTIONS. A federal law, which provides that a student borrower is unable to use the statute of limitations as a defense against collection with respect to certain listed organizations, cannot be relied upon by an assignee which is not among the listed organizations. Florida law, under which an assignee enjoys all the rights afforded the original creditors, is preempted by the federal statute. Circuit Court, Eleventh Judicial Circuit (Appellate) in and for Miami-Dade County. Filed August 12, 2008. Full Text at Circuit Courts-Appellate Section, page 962b.

• DRIVER'S LICENSE SUSPENSION--DRIVING UNDER INFLUENCE. The failure to file a crash report or any of the other documents listed in Section 322.2616(2) does not require reversal of a license suspension. Circuit Court, Fourth Judicial Circuit (Appellate) in and for Duval County. Filed May 13, 2008. Full Text at Circuit Courts-Appellate Section, page 955a.

• CRIMINAL LAW -- MURDER -- IMMUNITY -- CASTLE DOCTRINE. The circuit court found that evidence that a murder victim unlawfully and forcibly entered the defendant's residence and was approaching the defendant when the defendant shot and killed him raised the presumption that the defendant reasonably believed that force was necessary to prevent imminent great bodily harm, death or a forcible felony. Because the state did not rebut that presumption, the court held that the defendant was immune from prosecution. The court noted that the discovery after the shooting that the victim was not armed was not relevant to determining the defendant's reasonable belief at the time of the shooting. Circuit Court, Ninth Judicial Circuit in and for Orange County. Filed June 30, 2008. Full Text at Circuit Courts-Original Section, page 897b.

• CRIMINAL LAW -- DRIVING UNDER INFLUENCE -- EVIDENCE -- BREATH TEST. Breath tests administered on an Intoxilyzer 8000 are not rendered scientifically unreliable because the administrative rules fail to specify the length of time a subject is required to blow into the machine. Circuit Court, Second Judicial Circuit (Appellate) in and for Leon County. Filed July 2, 2008. Full Text at Circuit Courts-Appellate Section, page 872b.

• ATTORNEY'S FEES -- OFFER OF JUDGMENT -- SMALL CLAIMS. Although Rule 1.442, Florida Rule of Civil Procedure, was not properly invoked in small claims proceedings involving a dispute between a medical provider and a personal injury protection insurer, the circuit court held that section 768.79, Florida Statutes, provided independent authority for an award of attorney's fees. The court concluded that if section 768.79, Florida Statutes, applies without the operation of Rule 1.442, the time for filing an offer is somewhat more relaxed, such that an offer could be deemed timely under the statute, even if it were filed fewer than ninety days after the complaint, so long as the offeree had thirty days to respond after service. Circuit Court, Thirteenth Judicial Circuit (Appellate) in and for Hillsborough County. Filed May 22, 2008. Full Text at Circuit Courts-Appellate Section, page 883a.

• MUNICIPAL CORPORATIONS -- ZONING -- REZONING -- DUE PROCESS. Depriving the representative of a neighborhood association opposed to rezoning of the right to cross-examine the past president of the association, who spoke in support of rezoning, was a denial of due process. The court also held that refusal to permit the association's representative to rebut the witness's testimony amounted to the denial of due process. Circuit Court, Twelfth Judicial Circuit (Appellate) in and for Sarasota County. Filed June 4, 2008. Full Text at Circuit Courts-Appellate Section, page 877a.

• CRIMINAL LAW -- SENTENCING -- PRISON RELEASEE REOFFENDER ACT -- QUALIFYING OFFENSES -- BURGLARY OF OCCUPIED STRUCTURE. The circuit court held that a structure was occupied for purposes of prison releasee reoffender sentencing, although the only individuals in the structure at the time of the burglary were police officers on a stake-out. Circuit Court, Eighteenth Judicial Circuit in and for Brevard County. Filed June 24, 2008. Full Text at Circuit Courts-Original Section, page 902a.

• TAXATION -- AD VALOREM -- EXEMPTIONS -- EDUCATIONAL INSTITUTION. The circuit court held that a college was not entitled to an ad valorem tax exemption for a hotel where the college had taken steps to convert the hotel to use as a new campus, but the property was still being operated as a hotel. Whether there was predominant use is not germane to the educational exemption, which requires exclusive use. Circuit Court, Eleventh Judicial Circuit in and for Miami-Dade County. Filed May 7, 2008. Full text at page 807a.

• INSURANCE -- COMMERCIAL LIABILITY -- COVERAGE -- EXCLUSIONS -- WORKERS' COMPENSATION. Where a workers' compensation claim would have been the employee's exclusive remedy for an employer's alleged negligence, the employer's failure to maintain statutorily mandated workers' compensation insurance precludes coverage under a commercial liability policy that excludes any obligation of the employer under workers' compensation and similar laws. Circuit Court, Seventeenth Judicial Circuit in and for Broward County. Filed October 25, 2007. Full text at page 810b.

• DISSOLUTION OF MARRIAGE -- CHILD SUPPORT -- DISABLED AND DEPENDENT ADULT CHILD. The court held that a dissolution of marriage case is not the correct process for determining whether support is owed for a dependent adult child; the child has an independent cause of action for such support. Accordingly, the court granted the father's motion to terminate support without prejudice to the child's right to sue the parents for support as a disabled and dependent adult child or either parent's rights to pursue such cause of action. Circuit Court, Twentieth Judicial Circuit in and for Lee County. Filed May 21, 2008. Full text at page 812a.