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Lamont Davis v. State of Florid

Appellant Lamont Davis was convicted of felony murder and sentenced to life imprisonment for his role in the 2010 killing of a young mother in Port St. Lucie, Florida. At the same trial, he also was convicted of armed burglary with a firearm causing bodily harm or death, possession of a firearm by a felon, possession of ammunition by a felon, and high-speed or wanton fleeing.
Appellant now app... More...
   $0 (12-17-2014 - FL)

Rafael Heribe Avilesrosario v. State of Florida

A bedrock principle of due process is that it is constitutionally impermissible to hold criminal proceedings against a mentally incompetent defendant. Where there is a reasonable question as to a defendant’s competency, the trial court must hold a competency hearing. In the present case, just prior to the commencement of appellant’s trial, his defense counsel requested such a hearing, noting a... More...   $0 (12-17-2014 - fL)

Hoang Dinh Duong, M.D. v. Olivia Ziadie

Following a jury verdict against the defendant/appellant Dr. Duong in a medical malpractice action, the plaintiff/appellee moved for an award of fees pursuant to a proposal for settlement. Dr. Duong claims that the proposal was ambiguous and that it was an improper “all or nothing” offer which did not allow him to settle the claims of individual plaintiffs, contrary to Attorneys’ Title Insur... More...   $0 (12-17-2014 - FL)

Great American Insurance Company of New York v. 2000 Island Boulevard Condominium Association, Inc.

It has long been said in the courts of this state that “every litigant is entitled
to nothing less than the cold neutrality of an impartial judge.” State ex rel. Davis
v. Parks, 194 So. 613, 615 (Fla. 1939). Regrettably, the trial judge in this case has
abandoned his post as a neutral overseer of the dispute between the parties,
compelling us to grant Great American Insurance C... More...
   $0 (12-17-2014 - FL)

Garcia P. Gimeno v. Naltan Rivera

This is an appeal by Gracia Gimeno from a downward modification of
Naltan Rivera’s child support obligation in a post-paternity modification
proceeding, based upon the fact that Rivera has fathered three more children by
another woman after having fathered a child with Gimeno. It is settled law that a
party moving for a downward modification of child support has the burden of
... More...
   $0 (12-17-2014 - FL)

Claudia Granera v. Sedano's Supermarket #31

In December 2011, Appellant, Claudia Granera (Granera), filed a complaint
against Appellee, Sedano’s Supermarket #31, etc. (Sedano’s), alleging that
Sedano’s had discriminated and retaliated against Granera because of Granera’s
pregnancy in violation of the Florida Civil Rights Act (FCRA), section 760.10,
Florida Statutes (2011).
Sedano’s filed a motion to dismiss Gra... More...
   $0 (12-17-2014 - FL)

Enrique Barnet v. City of Coral Gables

Based upon appellee’s confession of error, and in light of Masone v. City of
Aventura, 147 So. 3d 492 (Fla. 2014), we reverse the final judgment and remand to
the trial court for further proceedings.... More...
   $0 (12-17-2014 - FL)

Aracely Salazar v. Abilio Coello, M.D.

In this medical malpractice action, Plaintiff-Appellant Aracely Salazar
(“Salazar”) appeals the entry of summary judgment in favor of Defendants-
Appellees Martin Moliver, M.D. (“Dr. Moliver”), Opal Hew, CRNA (“Hew”) and
Drs. Ellis, Rojas, Ross & Debs, Inc., d/b/a Kendall Anesthesia Associates
(“KAA”).1 We reverse, finding that Salazar’s pre-suit Notice of Intent ... More...
   $0 (12-17-2014 - FL)

State of Florida v. Kenneth Hudson

Kenneth Hudson entered nolo contendere pleas to three counts of sale of
cocaine and one count each of possession of cocaine, violating license restrictions, and
operating a motorcycle without a valid driver's license. His scoresheet indicated a
lowest permissible sentence of twenty-one months' prison. But the trial court sentenced
him to twenty-one months' prison, suspended, and tw... More...
   $0 (12-17-2014 - FL)

Deborah Cosman v. Joseph Rodriguez

After nearly fifty years of marriage, Joseph Rodriguez shot and killed his
wife, Wanda. Although he claimed his wife's death was a suicide, Rodriguez was
convicted of second-degree murder and sentenced to life in prison. In this appeal
Deborah Cosman, the personal representative of Wanda Rodriguez's estate, challenges
- 2 -
an adverse final judgment in the wrongful death action... More...
   $0 (12-17-2014 - FL)

David Michael Ludwig v. State of Florida

David Michael Ludwig appeals his judgments and sentences for two
counts of attempted robbery with a weapon and one count of robbery with a weapon.
We reject Ludwig's argument that the trial court failed to consider the merits of his
motion to suppress which he raised for the first time during trial, and we hold that the

trial court did not abuse its discretion in admitting the... More...
   $0 (12-17-2014 - FL)

Miguel Menchaca-Ramirez v. State of Florida

Miguel Menchaca-Ramirez appeals from the order denying his Motion to
Vacate/Set Aside Judgment and Sentence under Florida Rule of Criminal Procedure
3.850. We reverse the order and remand for further proceedings.
- 2 -
In 2008, Menchaca-Ramirez entered a nolo contendere plea to uttering a
forged instrument, driving while license suspended (habitual offender), and several
ot... More...
   $0 (12-17-2014 - FL)

Florida Peninsula Insurance Company v. Maricela Cespedes

Maricela Cespedes brought an action against her property insurer, Florida
Peninsula Insurance Company, for failure to pay benefits regarding her claim for
sinkhole damages. Florida Peninsula moved for summary judgment arguing that Ms.
Cespedes' policy excluded sinkhole damage. Ms. Cespedes countered with a motion
- 2 -
for partial summary judgment in which she argued that her h... More...
   $0 (12-17-2014 - FL)

Joyce Flannery v. VW Credit, Inc.

Plaintiff and appellant Joyce Flannery filed a complaint which alleges that by virtue of defendant and respondent VW Credit, Inc.'s (VW) failure to comply with provisions of California's Vehicle Leasing Act (VLA) (Civ. Code, § 2985.7 et seq.), VW
2
violated California's Fair Debt Collection Practices Act (Civ. Code, § 1788 et seq.) (the Rosenthal Act) and California's Unfair Competition ... More...
   $0 (12-17-2014 - CA)

Hyundai Amco America, Inc. v. S3H, Inc.

Hyundai Amco America, Inc. (Hyundai Amco), and S3H, Inc. (S3H), entered into a subcontractor services agreement. Their agreement provided that disputes would be subject to arbitration. Hyundai Amco sued S3H for breaching the agreement, as well as for other related causes of action. S3H filed a motion to compel arbitration; the trial court denied the motion on the ground that S3H had failed to alle... More...   $0 (12-17-2014 - CA)

U.S. Bank National Association v. Massoud Yashouafar

Plaintiff and respondent U.S. Bank National Association1 brought an action to enforce a Guaranty and Indemnity Agreement (Guaranty) that defendants and appellants Massoud Yashouafar and Solyman Yashouafar signed in favor of plaintiff’s predecessor-in-interest for the outstanding obligations owed by the borrowers on a promissory note (Note). The trial court granted plaintiff’s motion for summar... More...   $0 (12-17-2014 - CA)

The People v. Drake Nicholas Noyan

Defendant Drake Nicholas Noyan was sentenced to state prison for various drug-related charges pursuant to a negotiated plea. In his appeal, we consider two claims, one personal to Noyan, that the court abused its discretion in declining to reinstate him on
2
probation, and another with wider implications, that the differing applications of Penal Code section 1170, subdivision (h) (hereafte... More...
   $0 (12-17-2014 - CA)

Germaine Judge v. Nijar Realty, Inc.

Plaintiff Germaine Judge appeals from an order vacating an interim arbitration award. Although an order vacating a final arbitration award is appealable under Code of Civil Procedure1 section 1294, subdivision (c), the order from which Judge appeals vacated a “clause construction award” that did not resolve the entire arbitration. Instead, the arbitrator’s award determined only, as a thresho... More...   $0 (12-17-2014 - CA)

The People v. Randy Lynn Payne

The Three Strikes Reform Act of 2012 (hereafter Proposition 36 or the Act) created a postconviction release proceeding for third strike offenders serving indeterminate life sentences for crimes that are not serious or violent felonies. If such an inmate meets the criteria enumerated in Penal Code section 1170.126, subdivision (e), he or she will be resentenced as a second strike offender unless th... More...   $0 (12-17-2014 - CA)

Stephens & Stephens, XII, LLC v. Fireman's Fund Insurance Co.

Fireman’s Fund Insurance Co. issued an insurance policy covering loss from property damage, including rent, on a building owned by plaintiff Stephens & Stephens XII, LLC (Stephens XII). Three days after the policy became effective, Stephens XII discovered the property had sustained serious damage from burglars who stripped it of all electrical and other conductive materials. Stephens XII sought ... More...   $0 (12-17-2014 - CA)

Kim Kruger v. Corina Reyes

Defendants and appellants Corina Reyes and Golden Gate Care Collective, Inc. (collectively “Appellants”) appeal from the October 18, 2013 unlawful detainer judgment against them. The judgment, entered after a court trial, restored possession of the subject property to plaintiff and respondent Kim Kruger, and awarded her damages plus attorney fees and costs in the total amount of $10,298.81. Be... More...   $0 (12-17-2014 - CA)

State of Oklahoma v. Tyrone Jenkins

Tulsa County, OK - The State of Oklahoma charged Tyrone Jenkins, age 41, with:

Count # 1.
Count as Filed: OPJ, RECEIVING A BRIBE , in violation of 21 O.S. 382
Date Of Offense: 03/04/2014

Count # 2.
Count as Filed: OPJ, RECIEVING A BRIBE , in violation of 21 O.S. 382
Date Of Offense: 03/17/2014

Count # 3.
Count as Filed: ODO, ENDEAVORING TO DISTR... More...
   $0 (12-17-2014 - OK)

United States of America v. Joseph Megwa, M.D.

DALLAS, TX – A physician and a home health agency manager were sentenced for their roles in a $3 million Medicare fraud conspiracy, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Joseph Megwa, M.D., 60, of Arlington, Texas, and Ebolose Eghobor, R.N., 49, of Grand Prairie, Texas, were sentenced today by U.S. District Judge Ed Knikeade to 120 months and 48 mo... More...
   $0 (12-17-2014 - TX)

State of Montana v. Markus Kaarma

Missoula, MT - The State of Montana charged Markus Kaarma, age 30, with deliberate homicide of Kiren Dede, age 17, on April 27, 2014. Kaarma left his garage open and when Dede entered the garage he shot him twice with a shotgun killing him.

Testimony during the trial indicted that Dede entered Kaarma's garage looking for beer.

Defendant claimed that he had the right to use dea... More...
   $0 (12-17-2014 - MT)

Mark Long, et al. v. State of South Dakota

Sioux Falls, SD - Five South Dakota families sued the State of South Dakota on inverse condemnation theories claiming that their properties were damaged as a direct result in adequate drainage underneath Highway 11 in Shindler, South Dakota. They claimed that their properties flooded in 2010 as a result of inadequate drainage under the state highway. ... More...   $750000 (12-17-2014 - SD)

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