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September 2014 Archives

Man dies in fatal boating accident on Lake Apopka

A boater who went fishing in Lake Apopka was found dead recently after a local resident noticed his boat floating the water unattended. It is unclear at this point what caused the tragic accident, but it doesn't appear that any foul play or negligence was a part of the fatal accident. The police will continue to investigate and will provide some answers soon.

The Umpire Steps into the Batter's Box

Chief Justice of the United States John Roberts, in his Senate confirmation hearing, famously said, "It's my job to call balls and strikes and not to pitch or bat." We'd like to think all judges strive to do that. This past month though, the Florida Third District Court of Appeal went beyond just calling balls and strikes in a criminal case. In Saint-Hilaire v. State, WL2014-3844039 (Fla. 3rd DCA, August 6, 2014), the court had a simple issue in front of it: Law enforcement officers had seized the defendant's cell phone without a warrant and searched its contents. The United States Supreme Court held earlier this year in Riley v. California that such a practice was generally unconstitutional because it violated the Fourth Amendment prohibition against unreasonable search and seizure, even when the cell phone is in the possession of a person at the time they are arrested. The Third District followed Riley and threw out the evidence obtained from the cell phone. If the judges on that court had stopped there, it would have been fine, because they answered the only question they were asked.  

Street racing possibly involved in fatal Labor Day weekend crash

Over Labor Day weekend, a terrible car accident in Orlando, Florida claimed the life of one person and left at least one other person with life-threatening injuries. The police have investigated the crash and recently announced that speeding was involved in the crash, though they are not sure if the two vehicles that were engaged in this reckless driving act were street racing.

Cargo a major factor in truck accident cases

In a bizarre and tragic truck accident that claimed the life of the truck driver in Florida, the truck company is baring the blame. The truck company, Sunshine Freight Carriers, was cited by safety inspectors because the company had previous violations for unsafe handling of cargo.

Fatal car accident blamed on woman's Facebook use

Just last week, we wrote a post about distracted driving and how there is no way to make this act "safe." This discussion came up in response to an invention that claims to make the act safe by placing a screen in front of your steering wheel and syncing with your phone. The device would then work with hand motions. To be honest, it doesn't really seem safe at all.

Family Law

The overwhelming majority of Family Law cases involve a dissolution of marriage.  Florida is a "No Fault" dissolution state, which means the only grounds a spouse needs to end a marriage is that the marriage is irretrievably broken.  Say those words under oath before a Judge, and the marriage ends. When people talk about uncontested and contested dissolution of marriage cases, it's not whether the marriage ends that is being contested.  What is contested is where do the children sleep at night and who gets what in the way of assets, money and debts.