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Florida Case Law MONZON v. STATE, 2D05-5711 (Fla.App. 2 Dist. 1-5-2007) EDGAR MONZON, Appellant, v. STATE OF FLORIDA, Appellee. No. 2D05-5711. District Court of Appeal of Florida, Second District. Opinion filed January 5, 2007. Appeal from the Circuit Court for Manatee County, Edward Nicholas, Judge. James Marion Moorman, Public Defender, and Richard P. Albertine, Jr., […]

A motion that attempts to counter a similar motion filed by an opposing party. After the plaintiffs moved to recuse his counsel, the defendant filed a cross-motion to disqualify theirs. Question: What is a cross motion and is it avoidable? Needing to go to court to resolve matrimonial issues but the other half has been […]

declaratory judgment – A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of each party in a dispute. A declaratory judgment is binding as to the duties, rights and obligations of the parties. However, a declaratory judgment does not order any action or result […]

assault – The threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack. assault and battery – The combination of the two crimes of threat (assault) and actual beating (battery). They are both also intentional civil […]

North Carolina Reports RENTENBACH CONSTRUCTORS v. CM PARTNERSHIP, COA06-242 (N.C.App. 1-2-2007) RENTENBACH CONSTRUCTORS, INC., Plaintiff, v. CM PARTNERSHIP and LEXINGTON STATE BANK, Defendants. No. COA06-242. North Carolina Court of Appeals. Filed 2 January 2007. Guilford County No. 04 CVS 12199 Appeal by defendant-appellant from judgment entered 26 September 2005 by Judge Lindsay R. Davis, Jr., […]

Summary judgment is a legal term which means that a court has made a determination (a judgment) without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case. In Common Law legal systems, issues of law, that is to say, what […]