THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
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Dissolution of marriage -- Counsel -- Disqualification -- Fact witness -- Trial court's disqualification of husband's counsel because counsel would be a fact witness at trial, without limitation as to phase of proceedings, was based on erroneous interpretation of law -- Florida Bar rule prohibiting a lawyer from acting as an advocate “at a trial” in which lawyer is likely to be a necessary witness, with certain exceptions, does not prohibit lawyer from acting as advocate at pretrial or posttrial proceedings
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Liens -- Construction lien -- Enforcement -- Unlicensed contractors -- Non-certified contractors -- Trial court erred by granting summary judgment in favor of homeowner based on determination that contract between the parties was unenforceable under section 489.128 because contractor did not have a certificate of competency required by county ordinance -- Statute explicitly restricts contractual unenforceability remedy to state license violations and does not provide any provisions permitting enforcement by local entities -- While section 489.127 permits local entities to enforce its provisions and provides remedies for contractors who are not duly certified, those remedies are mostly criminal penalties -- Furthermore, plain language of county ordinance only granted local administrative board the authority to assess fines as set forth in section 489.127 and did not otherwise incorporate the penalties provided in chapter 489
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Criminal Law Headnotes (Jump to Civil Law Headnotes)

THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
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Criminal law -- Human smuggling -- Dismissal -- Defendant stopped while driving vehicle that was transporting aliens into the state after they had illegally crossed the Texas border into the United States -- Trial court erred by dismissing twenty counts of human smuggling filed against defendant under section 787.07(1) based on its determination that the statutory phrase “is illegally entering” was limited to aliens who illegally enter the United States through Florida's state borders because an alien's act of illegally entering the country is accomplished and completed when the alien physically crosses the border into the United States -- An alien's illegal entry into the United States is a continuous process which continues until aliens arrive at their destination -- Because the aliens in defendant's van continued illegally entering the United States when driving from Texas to Florida, defendant's alleged conduct falls within section 787.07(1) and was sufficient to establish a prima facie case of human smuggling -- Rule of lenity is not applicable where appellate court was able to resolve disputed interpretation of statute using traditional canons of construction
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Criminal law -- Possession of firearm by convicted felon -- Judgment of acquittal -- Conviction of defendant for possession of firearm by convicted felon constituted fundamental error where state did not establish defendant's status as convicted felon -- Although state contended that defendant stipulated to the convicted felon element of the charge, court did not conduct on-the-record colloquy in which defendant personally acknowledged the stipulation and voluntarily waived his right to have state prove convicted felon status element beyond a reasonable doubt, as required by controlling precedent
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Criminal law -- Return of property -- Timeliness of motion -- Commencement of period -- In absence of direct appeal, 60-day period for filing motion for return of property following “conclusion of the proceeding” begins on date judgment and sentence became final -- Because defendant entered guilty plea and did not appeal, judgment and sentence became final 30 days after they were entered -- Trial court erred in summarily denying, as untimely, motion for return of property which was placed in hands of correctional facility for mailing on the last day of the 60-day period
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