Record on Appeal: Paper Transcripts

State v. Shore, ___ So. 3d ___, 35 Fla. L. Weekly D1696 (Fla. 2d DCA 7/28/10)

The clerk of the circuit court could not discharge its duty under an administrative order to provide trial transcripts by furnishing CD-ROMs in Microsoft Word format rather than paper copies.… Click To Read Full Case Law Review...

APPEALS: JURISDICTION, FINALITY

McGuire v. McGuire,  ___, 35 Fla. L. Weekly D1936 (Fla. 5th DCA 8/27/10)

When the trial court failed to rule on the wife’s motion for rehearing, the wife moved for relief from judgment, under Fla. R. Civ. P. 1.540(a), based upon clerical mistake.  The trial court acknowledged the error and retained jurisdiction to correct the judgment if the … Click To Read Full Case Law Review...

UNLICENSED CONTRACTORS

Earth Trades, Inc. v. T & G Corporation,  ___, 35 Fla. L. Weekly D1937 (Fla. 5th DCA 8/27/10)

A subcontractor could not raise its lack of licensure as a defense to an action for breach of contract by the general contractor.  Section 489.128, Florida Statutes, as amended effective June 25, 2003, provides that “a contract with an unlicensed contractor … Click To Read Full Case Law Review...

Appeals: Preservation of Error; Failure To Proffer Proposed Cross Examination

Arrascue v. State,  ___, 35 Fla. L. Weekly D1938 (Fla. 5th DCA 8/27/10)

In a prosecution for lewd and lascivious molestation of a child, the trial court ruled that it would not allow the State to introduce Williams rule evidence from another child unless the defendant opened the door during his cross-examination of the victim.  When defense counsel tried … Click To Read Full Case Law Review...