CRIMINAL LAW: EVIDENCE: HEARSAY: EXCITED UTTERANCE: FACT THAT VICTIM CALMED DOWN ENOUGH TO TALK TO POLICE OFFICER DID NOT MEAN THAT SHE WAS NOT STILL UNDER THE STRESS OF EXCITEMENT CAUSED BY HER EX BOYFRIEND’S THREAT TO KILL HER AND FIRING OF THREE GUNSHOTS AT HER; APPEALS: RIGHT FOR THE WRONG REASON

Taylor v. State, ___ So. 3d ___, 39 Fla. L. Weekly D1832 (Fla. 5th DCA August 29, 2014)

When the victim drove by her ex-boyfriend, he threatened to kill her and fired three gunshots at her.  The victim drove to a nearby restaurant and dialed 911 but hung up after she saw a police officer and told him what … Click To Read Full Case Law Review...

INTERSTATE LAND SALES COMPENSATION ACT (ILSA): LIMITATIONS ON: SPECIFIC PERFORMANCE; APPEALS: RIGHT FOR THE WRONG REASON; INTEREST

Kolter Signature Homes, Inc. v. Shenton, ___ So. 3d ___, 35 Fla. L. Weekly D2493 (Fla. 4th DCA 11/10/10)

The appellate court affirmed the rescission of home sale contracts based upon the Interstate Land Sales Act (ILSA) because (1) the sellers did not give the purchasers a property report before they signed the contracts, and (2) the contracts did … Click To Read Full Case Law Review...