Search for: "Amendments to Florida Probate Rules"
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30 Jun 2008, 2:13 pm
4th DCA Jun 25, 2008) Although the 4th DCA reversed the probate judge's ruling in this case, it did recognize that there's a glitch in the statute governing the payment of examining committees. [read post]
25 Jun 2008, 6:15 pm
Bush, No. 06-1195, 06-1196 In habeas proceedings brought by aliens detained at Guantanamo after being captured in Afghanistan or elsewhere abroad and designated enemy combatants by tribunals, the Court rules that petitioners have the constitutional privilege of habeas corpus. [read post]
15 Jun 2008, 3:50 pm
App. 5th DCA June 13, 2008): A number of Florida decisions have ruled that flight alone does not provide a sufficient basis upon which to form a reasonable suspicion of criminal activity to justify an investigatory stop. [read post]
14 Jun 2008, 3:02 pm
We asked the Real Property, Probate & Trust Law Section of The Florida Bar to file a brief as amicus addressing the question of a trustee's standing to pursue a claim for reformation. [read post]
11 Jun 2008, 7:48 pm
First out of the box was the 11th Circuit in Lofton, sharply split on the question of whether a due process challenge to a Florida statute that prohibited "homosexuals" from adopting children should be evaluated using strict scrutiny or the rational basis test. [read post]
30 May 2008, 7:07 am
Florida law:In Florida the rules for establishing paternity of out-of-wedlock child are governed by F.S. 732.108, and would again result in the same outcome. [read post]
19 May 2008, 8:31 am
This bill would make the following changes to Florida's Trust Code: F.S. 763.0703(7) would be amended to provide for the type of "directed trusts" banks and trust companies have been lobbying for. [read post]
13 May 2008, 1:35 pm
(Amended Opinion) U.S. 2nd Circuit Court of Appeals, May 08, 2008 US v. [read post]
29 Apr 2008, 7:13 am
Moore, No. 06-1082 In a case raising the issue of whether a police officer violates the Fourth Amendment by making an arrest based on probable cause but prohibited by state law, the Supreme Court rules that warrantless arrests for crimes committed in the presence of an arresting officer are reasonable under the Constitution, and that while states are free to regulate such arrests however they desire, state restrictions do not alter the Fourth Amendment's protections. … [read post]
14 Apr 2008, 11:34 am
Smith, No. 06-3112 In a case addressing the constitutionality of a vehicle impoundment under the Fourth Amendment in circumstances in which there was no standardized policy regarding the impoundment and towing of vehicles, the circuit court rules that the constitutionality of a community caretaking impoundment is judged by directly applying the Fourth Amendment, which protects people against "unreasonable" searches and seizures. [read post]
8 Apr 2008, 9:47 am
Moore, No. 07-3434 Denial of an application for habeas corpus from a conviction and sentence for gross sexual imposition and rape is affirmed where petitioner's Fifth Amendment guarantee against double jeopardy was not violated because the requisite high degree of necessity existed for a mistrial. [read post]
20 Mar 2008, 12:54 am
A 3-2 majority ruled that Allan M. [read post]
6 Mar 2008, 12:12 pm
A “difference” apparently not even demonstrated in the circus-like antics of Broward County Judge Larry Seidlin, who presided over the Anna Nicole Smith probate proceeding). [read post]
3 Mar 2008, 12:13 pm
Hughes, No. 07-2213 The circuit court declines to adopt a per se rule that police may never conduct a Terry stop to investigate a completed misdemeanor. [read post]
24 Feb 2008, 12:13 pm
He now lives under his sister's guardianship in Florida, his multimillion-dollar settlements providing medical care and personal assistance. [read post]
16 Feb 2008, 10:07 am
Baskies (yes, same guy who wrote the Florida Bar Journal article) in the written materials for the January 2008 meeting of the Florida Probate Law and Procedure Committee. [read post]
11 Feb 2008, 12:24 pm
Marietta lawyer Sidney Parker, the executor of Strother's estate, and one of Strother's grandchildren say it's the latter, and a Cobb Probate Court judge has ruled that a jury should decide whether the amendments are valid. [read post]
5 Feb 2008, 8:11 am
Shinderman, No. 07-1569 Defendant's convictions and sentence stemming from his unauthorized use of another doctor's name and DEA registration number are affirmed over claims of error regarding: 1) the district court's refusal to apply the exclusionary rule to evidence allegedly obtained in violation of federal regulations designed to protect the confidentiality of substance abuse treatment records; 2) the foreclosure of a proposed entrapment defense; 3) an evidentiary… [read post]
30 Jan 2008, 7:35 am
Pennsylvania Bd. of Probation & Parole, No. 05-4200 In a 42 U.S.C. section 1983 suit brought by an anonymous plaintiff seeking declaratory and injunctive relief from aspects of Pennsylvania's Registration of Sexual Offenders Act, or Megan's Law, a judgment finding that the treatment of out-of-state offenders under the law violates the Equal Protection Clause is affirmed where: 1) although Pennsylvania's interest in protecting its citizens from sexually violent… [read post]
22 Jan 2008, 11:47 am
Spencer, No. 07-40593 "A decision amending a 1995 judgment sentencing defendant for carjacking, resulting in an increase to the amount of restitution owed, is affirmed where: 1) under a reasonable reading of the relevant rules and case law, the district court's amendment amounted to a clerical revision that did not substantively alter defendant's sentence; and 2) thus, the time limitation of Federal Rule of Criminal Procedure 35 was inapplicable. [read post]
