Personal Injury and Wrongful Death

We represent people injured or relatives of those killed in auto crashes, industrial accidents, slip and falls, and other accidents caused by another’s negligence. We have also represented Plaintiffs in landmark cases involving negligent security and malicious prosecution. Victims of such negligence are entitled to compensation for economic losses, such as medical expenses and lost wages, as well as for their pain and suffering. Personal injury has been an area of emphasis for our firm since its founding in 1970.

How Much Is Your Case Worth?

One of the most common questions we are asked is "What is my lawsuit worth?" We do not believe that there are any attorneys who can accurately answer this question, as there are so many factors involved that contribute to your case's value. The true value of your case can only be determined at the time of settlement or trial. Due to the nature of our legal system, even two cases with identical facts and injuries will likely result in different outcomes.

However, we are able to provide you with a fair and honest evaluation of your case. Your evaluation will be at no cost or obligation to you. We would also be happy to meet with you in person for a free initial consultation on any legal matter.

Personal Injury cases

Results 1-14892

1-CITE: 594 So.2d 867 Denise ALVARADO, Appellant, v. Martin M. RICE and Ruth Rice, Appellees.
TEXT: PER CURIAM. We affirm the trial court s decision denying appellant s claim for interest on
t...the supreme court: IS A CLAIMANT IN A PERSONAL INJURY ACTION ENTITLED TO INTEREST ON PAST
MEDICAL EXPENSES? ANSTEAD, LETTS and DELL, JJ., concur.


2-CITE: 488 So.2d 589 Elishas GEORGE, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant appeals his judgment and sentence for burglary and
t...ences for burglary and sexual battery by force and violence likely to cause serious personal
injury are affirmed. SCHOONOVER and HALL, JJ., concur.


3-CITE: 447 So.2d 1014 Jo Ann ECHEVARRIA, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, Appellee.
TEXT: SCHWARTZ, Chief Judge. We adhere to the holding of Johnson v. Prudential Property &
Casualty...of such a motor vehicle. (FN2) And its possible implications. See also, Lumbermens Mutual
Casualty Co. v. Herrera, 439 So.2d 301 (Fla. 3d DCA 1983).


4-CITE: 608 So.2d 583 Russell G. WHEELOCK and Janice Wheelock, Appellants, v. HARBISON-WALKER
REFRACTORIES DIVISION OF DRESSER INDUSTRIES, INC., et al., Appellees.
TEXT: PER CURIAM. Russell G. Wheelock and Janice Wheelock appeal a final order dismissing their
co...lso Gallagher v. Pittsburgh Corning Corp., 608 So.2d 855 (Fla. 3d DCA 1992), and the cause
remanded for further proceedings. Reversed and remanded.


5-CITE: 588 So.2d 36 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. LINDO S RENT-A-CAR,
INC., Appellee.
TEXT: COWART, Judge. Section 627.7263, Florida Statutes, provides: Rental and leasing driver s
in...A 1990); International Bankers Insurance Co. v. Snappy Car Rental, 553 So.2d 740 (Fla. 5th DCA
1989). AFFIRMED. DAUKSCH and W. SHARP, JJ., concur.


6-CITE: 478 So.2d 493 Joe Lewis JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Chief Judge. Jones appeals the denial of his motion for judgment of acquittal and
subs...t was in this case because of the choking testimony. The decision of the trial court judge is
therefore AFFIRMED. ORFINGER and SHARP, JJ., concur.


7-CITE: 457 So.2d 1114 Robert William MOTYKA, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. Motyka appeals from a sentence of 3 1 2 years in prison following conviction
f...provided: Victim injury shall not be scored if not a factor of an offense at conviction. Under
either version of the rule, our analysis is the same.


8-CITE: 696 So.2d 543 PROGRESSIVE CASUALTY INSURANCE COMPANY, Appellant, v. Frances K. WATSON,
Appellee.
TEXT: GODERICH, Judge. The defendant, Progressive Casualty Insurance Company [Progressive],
appeal...he trial court erred by granting partial summary judgment in her favor. Reversed and
remanded for further proceedings consistent with this opinion.


9-CITE: 590 So.2d 1105 AUTO-OWNERS INSURANCE CO., etc., Petitioner, v. Jose REID, David Goodwin, et
al., Respondents.
TEXT: PETERSON, Judge. Auto-Owners Insurance Company (Auto-Owners) seeks certiorari review of the
... Goodwin is quashed, and we remand for further proceedings. Certiorari GRANTED; order QUASHED;
REMANDED. GOSHORN, C.J., and DIAMANTIS, J., concur.


10-CITE: 574 So.2d 1128 Pamela BOOKER, Appellant, v. ALLSTATE INSURANCE COMPANY, a foreign corporation,
Appellee.
TEXT: PER CURIAM. The appellant, the plaintiff in a suit claiming personal injury protection
(PIP)...a. 1st DCA), cert. denied, 378 So.2d 342 (Fla.1979). Reversed and remanded for a new trial.
DANAHY, A.C.J., and PARKER and PATTERSON, JJ., concur.


11-CITE: 564 So.2d 1254 INDEPENDENT FIRE INSURANCE COMPANY, Appellant, v. Kevin ARVIDSON and Connie
Arvidson, his wife, Appellees.
TEXT: PER CURIAM. Independent Fire Insurance Company, an insurer, appeals from a non-final order
d...ge until final disposition of the Palm Beach County action. AFFIRMED IN PART; REVERSED IN PART
and REMANDED. DELL, WALDEN and WARNER, JJ., concur.


12-CITE: 502 So.2d 1331 William JACKSON, Appellant, v. FLORIDA INSURANCE GUARANTY ASSOCIATION,
Appellee.
TEXT: GUNTHER, Judge. Insured appeals a final judgment granting a motion to dismiss an amended
com...ernandez, 473 So.2d at 1242-43; Government Employees Insurance Company v. Novak, 453 So.2d
1116 (Fla.1984). AFFIRMED. DELL and STONE, JJ., concur.


13-CITE: 644 So.2d 550 Peter F. O VAHEY, Appellant, v. Carol MILLER, Appellee.
TEXT: SCHWARTZ, Chief Judge. The repeated lies under oath concerning his personal background and
e...it might well constitute an abuse of discretion to overpenalize his fabrications by depriving
him of an otherwise substantial and meritorious claim.


14-CITE: 666 So.2d 266 Carl SUGARMAN, in his capacity as Personal Representative of the Estate of Mort
Levin, Appellant, v. Abraham GALBUT, Discharged Guardian, Appellee.
TEXT: PER CURIAM. The personal representative of the estate of Mort Levin appeals an order of the
...ave a preclusive effect on the pending personal injury action, since no issues were litigated and
no factual findings were made below on the merits.


15-CITE: 508 So.2d 542 ALLSTATE INSURANCE COMPANY, Appellant, v. Robert DIXON, as father and next
friend of Christopher Dixon, a minor, and Robert Dixon, individually, Appellees.
TEXT: PER CURIAM. During the course of a personal injury trial involving a minor child, the trial
... State Farm Mutual Auto. Ins. Co. v. Link, 416 So.2d 875 (Fla. 5th DCA 1982). The insurer has not
shown that the conclusion is erroneous. Affirmed.


16-CITE: 500 So.2d 735 LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. Lillian E. RYAN, Appellee.
TEXT: HALL, Judge. Liberty Mutual Insurance Company appeals a summary judgment entered against it
...nt is precluded. Accordingly, we reverse and remand for further proceedings consistent with this
opinion. RYDER, A.C.J., and CAMPBELL, J., concur.


17-CITE: 757 So.2d 1229 Kem MATEO, Appellant, v. STATE of Florida, Appellee.
TEXT: DAVIS, Judge. Kem Mateo appeals his aggravated battery conviction. He argues that the State
...ay, 435 So.2d 816 (Fla.1983)). Reversed and remanded for further proceedings consistent with
this opinion. WHATLEY, A.C.J., and GREEN, J., Concur.


18-CITE: 506 So.2d 73 Eugene SMITH, Jr., Appellant, v. FORTUNE INSURANCE COMPANY, Appellee.
TEXT: SHARP, Judge. Smith appeals from a final summary judgment denying him any recovery under
*74...s proper. The judgment appealed is AFFIRMED. UPCHURCH, C.J., and COBB, J., concur.
------------ (FN1) Involving 1975 statute with similar wording.


19-CITE: 582 So.2d 11 UNDERWRITERS GUARANTEE INSURANCE COMPANY, et al., Appellants, v. Elizabeth
GREGORY, Appellee.
TEXT: PER CURIAM. An insurer appeals an order granting summary judgment in favor of an insured
cla...mary judgment in Gregory s favor is reversed. The case is remanded for the trial court to
enter judgment as a matter of law in favor of the insurer.


20-CITE: 543 So.2d 238 Aleli PUIG, Personal Representative of the Estate of Fernando Puig, Deceased,
Appellant, v. SAGA CORPORATION, Appellee.
TEXT: PER CURIAM. In this suit, Aleli Puig, acting as personal representative of the estate of
her...trauma resulting from negligent injury to another is direct and distinct claim, rather than
derivative claim flowing from injuries to other person).


21-CITE: 742 So.2d 294 Charles GULBRANDSEN (Donna Masters, Guardian), Appellant, v. CARLTON WILBERT
VAULT, INC. and FCCI Mutual Insurance Co. (FEISCO), Appellees.
TEXT: PER CURIAM. This appeal arises from an order of the Judge of Compensation Claims
(hereinafte...ding that Claimant had exclusive personal use of the employer-provided vehicle.
Accordingly, we AFFIRM. ERVIN, BOOTH and VAN NORTWICK, JJ., concur.


22-CITE: 568 So.2d 547 William David CREAMER and Kimberly Creamer Unger, as personal representatives of
the Estate of William Davis Creamer, deceased; William David Creamer, individually; and Harold
Smedal, as personal representative of the Estate of Dorothy Gayle Creamer, deceased, Appellants, v.
BEECH AIRCRAFT CORPORATION, American Safety Flight Systems, Inc., and Edgar F. Folsom, Appellees.
BEECH AIRCRAFT CORPORATION, Appellant, v. Edgar F. FOLSOM, Appellee.
TEXT: BARFIELD, Judge. Among the numerous issues raised in these consolidated appeals, we find no
...250.00 on his contribution claim against Beech Aircraft Corporation, is REVERSED. The judgment is
otherwise AFFIRMED. ERVIN and BOOTH, JJ., concur.


23-CITE: 600 So.2d 1247 Stella Marie PIKE, Appellant, v. Richard W. PEARCE, as Guardian of the Property
of Freda P. Webster, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a summary judgment in a personal injury case. We
reve...ort case. Summary judgment is inappropriate. Holl v. Talcott, 191 So.2d 40 (Fla.1966).
REVERSED and REMANDED. W. SHARP and DIAMANTIS, JJ., concur.


24-CITE: 693 So.2d 649 Phillip BLACK, Appellant, v. Robert CROWDER, Sheriff of Martin County, Florida,
Appellee.
TEXT: FARMER, Judge. A jury awarded plaintiff $2,522 for medical expenses and lost earnings or
ear...from the record in this case that plaintiff has clearly demonstrated error. AFFIRMED.
GUNTHER, C.J., and MAY, MELANIE G., Associate Judge, concur.


25-CITE: 589 So.2d 333 Pat JONES, etc., Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.,
Appellee.
TEXT: PER CURIAM. An estranged and distraught husband abducted his wife from her place of
business...5th DCA 1987); State Farm Mutual Auto Ins. Co. v. Barth, 579 So.2d 154 (Fla. 5th DCA
1991). AFFIRMED. COWART, PETERSON and DIAMANTIS, JJ., concur.


26-CITE: 724 So.2d 162 NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Petitioner, v. Nancie SIMMS,
Respondent.
TEXT: W. SHARP, Judge. Nationwide Mutual Fire Insurance Company seeks certiorari review of the
cir...ct. 2, 1998). Accordingly, we deny Nationwide s petition for certiorari. Petition for Writ of
Certiorari DENIED. HARRIS and PETERSON, JJ., concur.


27-CITE: 627 So.2d 74 Joseph THOMPSON, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. Appellant was convicted of sexual battery on a physically incapacitated
victim...each crime. AFFIRMED. JOANOS and WOLF, JJ., concur. ------------ (FN1) Blockburger v.
United States, 284 U.S. 299, 52 S.Ct. 180, L.Ed. 306 (1932).


28-CITE: 687 So.2d 43 Michael J. SHAUGHNESSY and Beth Shaughnessy, Appellants, v. Rachel KLEIN a k a
Rachel P. Klein and Carol A. Agria, Appellees.
TEXT: PER CURIAM. The appellants, Michael J. Shaughnessy and Beth Shaughnessy, challenge a final
j...0). We reverse the final judgment and remand for further proceedings. Reversed and remanded.
SCHOONOVER, A.C.J., and FRANK and BLUE, JJ., concur.


29-CITE: 746 So.2d 575 Bobby Joe MURPHY, May Rine Murphy, and Kenneth Wayne Murphy, Appellants, v.
James G. THORNTON, Brenda G. Thornton, and James Dustin Thornton, Appellees.
TEXT: PER CURIAM. This cause is before us on the trial court s order determining that Alabama law
...der and remand the cause for further proceedings consistent with this opinion, REVERSED and
REMANDED. BARFIELD, C.J., BOOTH and WOLF, JJ., CONCUR.


30-CITE: 534 So.2d 417 Clebert LOUIS, Appellant, v. LOUIS S AMOCO, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal of a final order finding, in pertinent part,
t...fer an on-the-job injury. REVERSED and REMANDED for further proceedings in accordance with this
opinion. BOOTH, SHIVERS and THOMPSON, JJ., concur.


31-CITE: 734 So.2d 479 Allen L. FEINGOLD, Appellant, v. AMERICAN RACK & STACK, INC., a Florida
corporation, Appellee.
TEXT: PER CURIAM. Appellant, Allen Feingold, appeals from the dismissal with prejudice of his
comp.... Because we reverse on this issue, we find it unnecessary to address the other issues on
appeal. REVERSED. KLEIN, GROSS and HAZOURI, JJ., concur.


32-CITE: 737 So.2d 1120 Pedro J. SENTENO, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. The appellant, Pedro J. Senteno, challenges his judgments and sentences
f... affirmed. *1121 Affirmed in part, reversed in part, and sistant Attorney General, West Palm
remanded. CAMPBELL, A.C.J., and STRINGER, J., Concur.


33-CITE: 652 So.2d 505 G. Elizabeth CORDIER, Appellant, v. STATE of Florida, Appellee
TEXT: PER CURIAM. We reverse appellant s conviction for leaving the scene of an accident
involving...n 939.01, Florida Statutes (1993), is rendered moot by this opinion. GLICKSTEIN and
PARIENTE, JJ., and KROLL, KATHLEEN J., Associate Judge, concur.


34-CITE: 584 So.2d 194 Mineola Edwards BRYANT, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: GOSHORN, Chief Judge. Mineola Bryant appeals the order striking her insurer, Allstate
Insura...ent, burglary, or theft, its legal effect is not different from the legal effect of
separate policies each against one of the grouped risks. . . .


35-CITE: 723 So.2d 904 Mehran GHAEENZADEH, Appellant, v. Thomas J. ALLAN, Appellee.
TEXT: THOMPSON, J. Mehran Ghaeenzadeh appeals an award to Thomas J. Allan ( Allan ) of $25,000 in
...the court shall instruct the jury that the plaintiff shall not recover such special damages for
personal injury protection benefits paid or payable.


36-CITE: 592 So.2d 779 ST. MARY S HOSPITAL, INC., Appellant, v. Kyle Darrell BASS, a minor child by and
through his parents, Darrell E. Bass and Stacey Bass, individually; David E. Feld, M.D.; Casale,
Silverman, Feld and Kotzen, M.D., P.A.; and Florida Birth Related Neurological Injury Compensation
Association, Appellees.
TEXT: PER CURIAM. These consolidated appeals emerged from a lawsuit by the parents of a child who
... on its resolution. We therefore dismiss NICA s appeal, along with the others, as moot. IT IS SO
ORDERED. HERSEY, GUNTHER and FARMER, JJ., concur.


37-CITE: 530 So.2d 958 Walter BARNES, Jr., Petitioner, v. Carl Edward MEECE, Jr., as Personal
Representative of the Estate of Christine F. Meece, and Carl Edward Meece, Jr., Individually,
Michael John Sineath and Joan L. Sineath, Community Hospital of the Palm Beaches, Inc., d b a Humana
Hospital of the Palm Beaches, a Florida Corporation, Raymond McKnight, M.D., Jerald V. Lemar, D.O.,
David Simon, D.O., Florida Patients Compensation Fund, Findeiss and Creed, Inc., a Florida
Professional Corporation, Longo and Latorra, D.O., P.A., Joseph Motta, M.D., and Faro, Motta and
Anderson, M.D., P.A., Respondents.
TEXT: PER CURIAM. This is a petition for writ of common law certiorari in which petitioner seeks
r...personal injury suit, which is ready for trial. The petition for writ of certiorari is
therefore denied. LETTS, GLICKSTEIN and STONE, JJ., concur.


38-CITE: 471 So.2d 632 Chris ROBINSON, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. This is an appeal from a judgment of conviction of assault, unarmed
robber...of metal. ) The trial court could therefore properly give the (4)(b) lesser included
instruction. Affirmed. ERVIN, C.J., and BARFIELD, J., concur.


39-CITE: 601 So.2d 642 STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant,
v. Diane STAMPLER, Appellee.
TEXT: PER CURIAM. The Florida Department of Health and Rehabilitative Services appeals an adverse
...0, 221 (Fla. 3d DCA 1989); Valdes v. Faby Enterprises, *643 Inc., 483 So.2d 65 (Fla. 3d DCA),
review dismissed, 491 So.2d 278 (Fla.1986). Affirmed.


40-CITE: 555 So.2d 876 Janet S. TAYLOR, et al., Appellants, v. ORLANDO CLINIC, Gary Young, et al.,
Appellees.
TEXT: COWART, Judge. Alleging personal injuries resulting from medical malpractice, a patient
file...t of the constitutional due process limitations on convicting a defendant of a crime the
elements of which are not charged in the charging document.


41-CITE: 641 So.2d 183 PALM BEACH COUNTY SCHOOL BOARD, Appellant Cross-Appellee, v. Ann MONTGOMERY,
individually, and as natural guardian of Michael Montgomery, and Michael Montgomery, individually,
Appellees Cross-Appellants.
TEXT: PER CURIAM. The Palm Beach County School Board appeals an adverse final judgment entered
fol... liquidated breach of contract claim. We affirm this case in all respects. DELL, C.J., and
POLEN, J., concur. FARMER, J., concurs in result only.


42-CITE: 440 So.2d 651 Vernon REID, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant appeals the sentences imposed upon him by the trial court. For a
con...consecutive sentences imposed. Wicker v. State, 438 So.2d 398 (Fla. 2d DCA, 1983). REVERSED
AND REMANDED. BOARDMAN, A.C.J., and SCHEB, J., concur.


43-CITE: 463 So.2d 451 Richard D. CESARINI, and School Board of Pinellas County, Appellants, v.
AMERICAN DRUGGIST INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. We affirm the final summary judgment which determined that there was no general
...tkins v. Bellefonte Insurance Co., 342 So.2d 837 (Fla. 3d DCA 1977). Affirmed. RYDER, C.J.,
LEHAN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.


44-CITE: 724 So.2d 668 Richard JEDLICKA, Appellant, v. Ruth PROCTOR and Norman Proctor, Appellees.
TEXT: BLUE, Judge. Richard Jedlicka appeals the final judgment in his action for damages wising
ou...707 So.2d 1141 (Fla. 4th DCA 1998). Affirmed in part; reversed and remanded in part; conflict
certified. CAMPBELL, A.C.J., and FULMER, J., Concur.


45-CITE: 510 So.2d 648 Harley JORDAN, etc., Appellant, v. Lawson LAMAR, etc., et al., Appellees.
TEXT: COWART, Judge. Ed Mason and Bruce Lincoln were personal friends. Twice while target
shooting... damages not legally caused by negligence, we cannot agree with that language. AFFIRMED.
UPCHURCH, C.J., and GREEN, O.L., Associate Judge, concur.


46-CITE: 755 So.2d 752 D.M., a, child, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, J. D.M., a child, pled no contest to leaving the scene of an accident with personal
i...gravated battery, but the state nolle pressed this count. (FN2) D.M. s inability to pay the
amount of restitution ordered is not an issue on appeal.


47-CITE: 477 So.2d 667 Lawrence Aaron WARE, Appellant, v. E. LOUIS FIELDS, P.A., Appellee.
TEXT: PER CURIAM. Appellee Fields is a lawyer who filed a multi-count personal injury complaint
on...uld be credited against the total amount of fees which the trial court determines is due in the
lawsuit. DOWNEY, ANSTEAD, and BARKETT, JJ., concur.


48-CITE: 450 So.2d 864 PROTECTIVE CASUALTY INSURANCE COMPANY, Appellant, v. Jorge HERNANDEZ, Appellee.

TEXT: FERGUSON, Judge. This appeal is from a judgment on the pleadings in an action to determine
c...e, an operator will suffer injury by arrest for violation of traffic laws. Reversed and
remanded with instructions to enter judgment for appellant.


49-CITE: 642 So.2d 594 Michael DOMINIQUE, Celienne Dominique and Elizee Dominique, Petitioner, v.
YELLOW FREIGHT SYSTEM, INC., and William D. Bowman, Respondents.
TEXT: KLEIN, Judge. Plaintiffs in a personal injury case have filed a petition for writ of
certior...1) See Sheradsky v. Basadre, 452 So.2d 599 (Fla. 3d DCA 1984), rev. denied sub nom.
Commercial Laundries, Inc. v. Basadre, 461 So.2d 113 (Fla.1985).


50-CITE: 595 So.2d 1045 Selma R. JOSEPHSON, Appellant, v. Ronald BOWERS, Appellee.
TEXT: PER CURIAM. The appellant claims error in the trial court s refusal to order a new trial
aft... reverse and remand for a new trial on the issues of the permanency of any injuries sustained
and on damages. ANSTEAD, LETTS and DELL, JJ., concur.


51-CITE: 461 So.2d 1348 Jimmy R. VELEZ, Petitioner, v. CRITERION INSURANCE COMPANY, Respondent.
TEXT: OVERTON, Justice. This is a petition to review Velez v. Criterion Insurance Co., 445 So.2d
1...(6), Fla.Stat. (1981); Section 320.08(1), Fla.Stat. (1981). *1350 ADKINS, ALDERMAN, McDONALD,
EHRLICH and SHAW, JJ., concur. BOYD, C.J., dissents.


52-CITE: 685 So.2d 1330 Morris WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Morris Williams has appealed the summary denial of his motion for
postconviction...resheet. Affirmed. CAMPBELL, A.C.J., and FRANK and ALTENBERND, JJ., concur.
------------ (FN1) The effective date of this change was July 1, 1988.


53-CITE: 465 So.2d 1364 Gerald L. PRINZO, a minor, By and Through his mother and stepfather, his next
friends, and Francine Puleo and John E. Puleo, individually, Appellants, v. STATE FARM MUTUAL
AUTOMOBILE INSURANCE COMPANY, etc., Appellee.
TEXT: DOWNEY, Judge. This appeal arises from a final order dismissing the appellants complaint
wit...nsen v. Central Adjustment Bureau, Inc., 348 So.2d 608 (Fla. 4th DCA 1977). AFFIRMED.
ANSTEAD, C.J., and RODGERS, EDWARD, Associate Judge, concur.


54-CITE: 566 So.2d 318 Mary Lou DECARLO, Appellant, v. PALM BEACH AUTO BROKERS, INC. and Ronald Norman
Freer, Appellees.
TEXT: STONE, Judge. The plaintiff in a personal injury claim appeals from a summary judgment for
t...on. Whether DeCarlo has any claim against her insurer for inadequate notice or for tactics after
learning of DeCarlo s claim, is not before us here.


55-CITE: 443 So.2d 404 Arthur E. ANDERSON, Appellant, v. AETNA CASUALTY AND SURETY COMPANY and
Travelers Insurance Company, Appellees.
TEXT: LETTS, Judge. This is an appeal by an insured from that portion of a trial judge s order
whi...IP exclusion is inapplicable. REVERSED. DOWNEY and HERSEY, JJ., concur. ------------ (FN1)
The insured was under contract to purchase the vehicle.


56-CITE: 604 So.2d 946 Floyd THOMAS, Jr., as Personal Representative of the Estate of Dianne M. Thomas,
Deceased, Appellant, v. William Allen BURNETT, Kennco Manufacturing, Inc., a Florida corporation,
and Bill Currie Ford, Inc., f k a Bill Currie Leasing, Inc., Appellees.
TEXT: PER CURIAM. Floyd Thomas, Jr., as the personal representative of the estate of Dianne M.
Tho...this dismissal, we do not rule upon the preclusive effect, if any, of that order. Dismissed.
DANAHY, A.C.J., and HALL and ALTENBERND, JJ., concur.


57-CITE: 705 So.2d 123 Joseph E. WHITE, Appellant, v. Sandra G. WHITE, Appellee.
TEXT: NORTHCUTT, Judge. Joseph White challenges the circuit court s modification of the final
judg...rd the husband the entire amount of the settlement. Affirmed in part, reversed in part and
remanded. CAMPBELL, A.C.J., and ALTENBERND, J., concur.


58-CITE: 564 So.2d 160 Alexander GIARRUSSO, Appellant, v. AMICA MUTUAL INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Appellant s vehicle was insured by Nationwide. Appellant s wife s vehicle was
in...is to invalidate the express language of the parties insurance contract. GLICKSTEIN, and DELL,
JJ., and MICHAEL H. SALMON, Associate Judge, concur.


59-CITE: 491 So.2d 606 Patrick L. McGUIRE, William D. McGuire and Dixie G. McGUIRE, d b a Salt Air
Motel, Appellants, v. AMERICAN STATES INSURANCE COMPANY, Appellee.
TEXT: JOANOS, Judge. This is an appeal from an order granting summary judgment in favor of
America...v. Pape, 477 So.2d 3 (Fla. 5th DCA 1985). Reversed and remanded for proceedings
consistent with this opinion. L. SMITH and WENTWORTH, JJ., concur.


60-CITE: 562 So.2d 739 Richard CUMINALE, as Personal Representative of the Estate of Donna G. Cuminale,
Appellant, v. GREAT OAKS CASUALTY INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Affirmed. Porr v. State Farm Mut. Auto. Ins. Co., 452 So.2d 93 (Fla. 1st DCA
198...ns, I would reverse the decision denying benefits for loss of work. See Benton v. State Farm
Mut. Auto. Ins. Co., 295 So.2d 344 (Fla. 1st DCA 1974).


61-CITE: 504 So.2d 11 DIVISION OF RISK MANAGEMENT, State of Florida, Appellant Cross-Appellee, v.
NATIONWIDE INSURANCE COMPANY, Frank Masiarczyk and Keith Lloyd Calvin, Appellees Cross-Appellants.
TEXT: ERVIN, J. The Division of Risk Management, the workers compensation carrier for the
employer... 402 So.2d 1273 (Fla. 3d DCA 1981). REVERSED AND REMANDED for entry of judgment
consistent with this opinion. WIGGINTON and BARFIELD, JJ., concur.


62-CITE: 587 So.2d 550 Nancy ALMEROTH and James Almeroth, her husband, Appellants, v. GOVERNMENT
EMPLOYEES INSURANCE COMPANY, Appellee.
TEXT: POLEN, Judge. This is an appeal from the trial court s order entering summary judgment in
fa...UNDER THE THEORY THAT SUCH A CONTRACT OF INSURANCE IS SEVERABLE? REVERSED AND REMANDED AND
QUESTIONS CERTIFIED. ANSTEAD and GARRETT, JJ., concur.


63-CITE: 456 So.2d 549 FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, a Florida corporation, Appellant,
v. TROPICANA PRODUCTS, INC., and General Accident Fire & Life Assurance Corporation, Ltd.,
Appellees.
TEXT: PER CURIAM. The single issue presented is whether a personal injury protection (PIP)
insurer...ve rise to a claim of subrogation in favor of the plaintiff, entered judgment for the
commercial vehicle owner and its insurer. We agree. Affirmed.


64-CITE: 490 So.2d 1298 MIAMI SHELNOR, INC., and Irving Zuckerberg, as Personal Representative of the
Estate of Betty Zuckerberg, both d b a Shelnor Hotel, and David Vingate, individually, Appellants,
v. David L. JONES, Appellee.
TEXT: PER CURIAM. After the jury returned a $1.00 verdict for the plaintiff in a personal injury
a...w trial must be held on both liability and damages. Borges v. Jacobs, 483 So.2d 773, 775 (Fla.
3d DCA 1986), and cases cited. Affirmed as modified.


65-CITE: 442 So.2d 1100 Stephen Andrew EDMONDS, Appellant, v. Susan J. EDMONDS, Appellee.
TEXT: PER CURIAM. AFFIRMED. *1101 HERSEY and DELL, JJ., concur. ANSTEAD, C.J., concurs
specially...438 So.2d 984 (Fla. 3d DCA 1983); Sanders v. Sanders, 435 So.2d 372 (Fla. 5th DCA 1983);
School Board v. Taylor, 365 So.2d 1044 (Fla. 4th DCA 1978).


66-CITE: 487 So.2d 1079 Clarice STEPHENS, Appellant, v. Dorothy E. RENARD, et al., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment in a personal injury case. Appellant
prese...r entry of a corrected judgment in accordance with this decision. AFFIRMED in part;
REVERSED in part; REMANDED. UPCHURCH, and COWART, JJ., concur.


67-CITE: 597 So.2d 357 NATIONWIDE INSURANCE and Home Insurance Co., Appellants, v. Nancy McGEE,
Appellee.
TEXT: WEBSTER, Judge. In this workers compensation appeal, the employer and carrier seek review
of...CA 1990). Because claimant sustained no physical injury, her psychiatric injuries are not
compensable. REVERSED. SMITH and WIGGINTON, JJ., concur.


68-CITE: 481 So.2d 1294 KENT INSURANCE COMPANY and Charles Atwood d b a Miracle Strip Security Service,
Appellant, v. In re ESTATE OF Vealon Andrews ATWOOD a k a Vealon G. Atwood, Appellee.
TEXT: McCORD, GUYTE P., Jr. (Ret.), Associate Judge. Kent Insurance Company (Kent) appeals from
th...etition, and laches does not apply. The judgment below is reversed and the case remanded for
further proceedings. ERVIN and WIGGINTON, JJ. concur.


69-CITE: 672 So.2d 34 CENTRAL FLORIDA REGIONAL HOSPITAL, INC., Petitioner, v. Paul WAGER, et al.,
Respondents. David C. MOWERE, etc., et al., Petitioners, v. Paul WAGER, et al., Respondents.
TEXT: PER CURIAM. We have for review a decision of the Fifth District passing upon the following
q...1996), the district court decision is approved. It is so ordered. GRIMES, C.J., and OVERTON,
SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.


70-CITE: 639 So.2d 95 Danny THAMES, Appellant, v. SANTA ROSA COUNTY JAIL, Appellee.
TEXT: ALLEN, Judge. The claimant appeals a workers compensation order denying a claim for
benefits...jury was due to fright or excitement only, the claim was properly denied. The appealed
order is therefore affirmed. BARFIELD and WOLF, JJ., concur.


71-CITE: 608 So.2d 886 Doris English SMEY, Appellant, v. Alfonso WILLIAMS and Eleanor Williams, his
wife, Appellees.
TEXT: COWART, Judge. In a personal injury action the jury was submitted a special verdict in
which... last proposition we agree. The evidence in this case is adequate to support the verdict
and, therefore, we AFFIRM. COBB and GRIFFIN, JJ., concur.


72-CITE: 616 So.2d 1186 GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant, v. FORD MOTOR CREDIT COMPANY
and Cigna Property & Casualty Insurance Company, Appellees.
TEXT: KLEIN, Judge. This case involves the issue of whether the notice in an automobile lease
comp.... 5th DCA 1989) and Interamerican Car Rental, Inc. v. Safeway Ins. Co., 615 So.2d 244, (Fla.
3d DCA 1993). Reversed. DELL and FARMER, JJ., concur.


73-CITE: 533 So.2d 888 James JACKSON, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. James Jackson appeals the sentence imposed by the trial court upon his
convictio...nts unless victim injury was an element of the convicted offense. This latter version is
applicable here. Rubier v. State, 530 So.2d 523 (Fla.1988).


74-CITE: 636 So.2d 587 Theresa Marie WISNIEWSKI, a k a Theresa Mart, as Personal Representative of the
Estate of Curtis Lee Mart, Sr., Deceased, Petitioner, v. James IRELAND, an individual, and Johnny s
Outpost, Inc., a Florida corporation, d b a Johnny s Outpost, Respondents.
TEXT: GRIFFIN, Judge. Notwithstanding the cases cited by petitioner as authority, including
Dolphi...le by certiorari. See Scheuer v. Wille, 370 So.2d 1166 (Fla. 4th DCA 1979). Accordingly,
the petition is denied. DAUKSCH, and GOSHORN, JJ., concur.


75-CITE: 564 So.2d 259 Terry Edward CAPPS and Thomas J. Canazon, Appellants, v. Linda A. KEM and John
T. Kem, Appellees.
TEXT: PER CURIAM. We issued a show cause order on the petition for review, by certiorari, filed
by...nds, the petition for certiorari is denied. Esman v. Board of Regents, 425 So.2d 156 (Fla. 1st
DCA 1983). JOANOS, WIGGINTON and ALLEN, JJ., concur.


76-CITE: 436 So.2d 1033 Lantis H. STRICKLAND, Appellant, v. DEPARTMENT OF ADMINISTRATION, DIVISION OF
RETIREMENT, Appellee.
TEXT: PER CURIAM. Although there was not competent substantial evidence to support the Florida
Ret... in line of duty disability benefits under Section 121.091(4)(d)1.a., Florida Statutes.
AFFIRMED. LARRY G. SMITH, JOANOS and NIMMONS, JJ., concur.


77-CITE: 573 So.2d 422 Ilya IOSILEVICH and David Iosilevich, Appellants, v. Rosemarie TESTA, Appellee.

TEXT: PER CURIAM. The only medical testimony presented by Rosemarie Testa in this personal injury
...d DCA 1974). Reversed and remanded with instructions to enter a judgment for the defendants in
accordance with their motion for a directed verdict.


78-CITE: 615 So.2d 244 INTERAMERICAN CAR RENTAL, INC., Appellant, v. SAFEWAY INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Interamerican Car Rental, Inc. from an
advers... provide a space for the name of the Lessee s insurance company if the Lessor s insurance
is not to be primary. Section 627.7263, Fla.Stat. (1989).


79-CITE: 515 So.2d 365 MALONE & HYDE, INC., Appellant, v. RTC TRANSPORTATION, INC., f k a Refrigerated
Transport Company, Inc., and McArthur Dairy, Inc., Appellees.
TEXT: DELL, Judge. Appellant contends that the trial court erred when it entered an order
compelli...rceable agreement to arbitrate, we find it unnecessary to address the issue of waiver.
REVERSED and REMANDED. GLICKSTEIN and GUNTHER, JJ., concur.


80-CITE: 710 So.2d 130 UNITED STATES FIRE INSURANCE COMPANY, and Hartford Insurance Company of the
Southeast, Appellants, v. SOUTHERN SECURITY LIFE INSURANCE COMPANY, et al., Appellees.
TEXT: GOSHORN, Judge. This consolidated appeal requires the interpretation of the terms of
several...icies were clearly not renewals of the pre-1987 policy form which included personal injury
coverage. AFFIRMED. PETERSON and THOMPSON, JJ., concur.


81-CITE: 593 So.2d 303 Marlene ESKER, Appellant, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellee.

TEXT: CAMPBELL, Judge. Appellant, Marlene Esker, asks us to reverse a final summary judgment in
fa...Fla. 4th DCA 1990); State Farm Mut. Auto. Ins. Co. v. Butler, 340 So.2d 1185 (Fla. 4th DCA
1976). Affirmed. DANAHY, A.C.J., and FRANK, J., concur.


82-CITE: 634 So.2d 178 Yesenia GONZALEZ, personal representative of the Estate of Andrew Perez,
Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, a Florida corporation, and Armando Valdes,
Appellees.
TEXT: BASKIN, Judge. Yesenia Gonzalez, as personal representative of the Estate of Andrew Perez,
a.... Q. How quickly did this whole thing happen, from when you saw the blinds move to when you
heard the shot? A. Within three seconds, I would say.


83-CITE: 432 So.2d 165 GREAT SOUTHWEST CORPORATION and The Home Insurance Company, Appellants, v.
PRESTRESSED SYSTEMS, INC. and Esis, Inc., for Associated Industries of Florida, Appellees.
TEXT: MILLS, Judge. Great Southwest appeals an order of the deputy commissioner holding it wholly
...record, we find that the deputy commissioner s finding is supported by competent substantial
evidence. AFFIRMED. JOANOS and THOMPSON, JJ., concur.


84-CITE: 659 So.2d 363 ESTATES OF William H. SCHUTT, Deceased, and Margaret B. Schutt, Deceased,
Appellants, v. Robert SPIELMAN and wife, Hazel Spielman, Appellees.
TEXT: ERVIN, Judge. The estates of William and Margaret Schutt appeal the trial court s denial of
...tive, the Schutts estates may challenge the same pursuant to section 733.301(5), Florida Statutes
(1993). AFFIRMED. MINER and BENTON, JJ., concur.


85-CITE: 537 So.2d 623 Archer E. CHRISTIAN, Appellant, v. COLONIAL PENN INSURANCE COMPANY, Appellee.
TEXT: DELL, Judge. Archer E. Christian appeals from a declaratory judgment that denied his claim
f...VERSED AND REMANDED. LETTS and GUNTHER, JJ., concur. ------------ (FN1) At oral argument,
appellee abandoned its argument based on section 627.635.


86-CITE: 664 So.2d 1071 The HILLSBOROUGH COUNTY HOSPITAL AUTHORITY, Operating Tampa General Hospital,
Hillsborough County, Florida, Appellant, v. Peggy Auld FERNANDEZ, Appellee.
TEXT: BLUE, Judge. The Hillsborough County Hospital Authority, operating Tampa General Hospital (
...t. On remand, the trial court shall reinstate the hospital s lien for the full amount of its
charges. CAMPBELL, A.C.J., and SCHOONOVER, J., concur.


87-CITE: 617 So.2d 331 John STEWART, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant appeals his sentence because his scoresheet improperly included
additi...he trial court with directions to correct defendant s scoresheet and for resentencing.
Reversed and remanded. DELL, FARMER and KLEIN, JJ., concur.


88-CITE: 546 So.2d 449 Pernell BARKER, Appellant, v. Vonnie Rene ANDERSON, Wal-Mart Stores, Inc., and
Everett D. Caudle, Appellees.
TEXT: THOMPSON, Judge. Pernell Barker, the defendant and cross-plaintiff below, appeals a jury
ver...w should be applied. The remaining issues raised by Barker on appeal do not mandate reversal.
Accordingly, we affirm. SMITH and MINER, JJ., concur.


89-CITE: 702 So.2d 1272 OCEAN CHEMICAL TRANSPORT, INC., a foreign corporation, Appellant, v. Robin M.
COTTON, Appellee.
TEXT: PER CURIAM. This cause is on appeal from the trial court s order denying Appellant s motion
...jurisdiction. Accordingly, the trial court s order is REVERSED and the case is REMANDED for
dismissal. BOOTH, JOANOS and VAN NORTWICK, JJ., concur.


90-CITE: 677 So.2d 1355 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. Steven V.
GONNELLA, Sr. and Vicki Gonnella, etc., Respondent.
TEXT: ANTOON, Judge. This case focuses on the requirement of section 627.736(5), Florida Statutes
... Advanced Orthopedic successfully argued to the circuit court that it could not be forced to
arbitrate since it was not a party to insurance policy.


91-CITE: 486 So.2d 701 Donald LEEK and Jane Leek, Appellants, v. RELIANCE INSURANCE COMPANY, Standard
Fire Insurance Company, and Richard S. Bernstein, Appellees.
TEXT: GLICKSTEIN, Judge. Donald and Jane Leek, defendants third party plaintiffs, appeal the
trial...damage a person. Stated another way by Standard s counsel at oral argument, personal injury
is injury to a person. DOWNEY and GUNTHER, JJ., concur.


92-CITE: 710 So.2d 176 MUSCATO CORPORATION, Appellant, v. HARTFORD INSURANCE COMPANY, etc., et al.,
Appellees.
TEXT: ANTOON, Judge. The Muscato Corporation (Muscato) appeals the trial court s final summary
jud...claims because the alleged intentional actions were not covered under the terms of the
policies. AFFIRMED. GRIFFIN, C.J., and GOSHORN, J., concur.


93-CITE: 718 So.2d 839 MONUMENTAL LIFE INSURANCE COMPANY, Appellant, v. Jerri LYDICK, as Personal
Representative of the Estate of Allen Raymond Lydick, Deceased, Appellee.
TEXT: SHIVERS, DOUGLASS B., Senior Judge. Appellant, Monumental Life Insurance Company
(Monumental...der of the trial court and remand for entry of summary judgment in favor of appellant.
LAWRENCE, J., concurs. WEBSTER, J., concurs in result only.


94-CITE: 622 So.2d 1372 Walter McCUE, Jr., Appellant, v. DIVERSIFIED SERVICES, INC., d b a Budget Rent
a Car of Miami, Appellee.
TEXT: PER CURIAM. Appellant, Walter McCue, rented a car from appellee, Diversified Services,
Inc.,...reverse and remand for further appropriate proceedings. REVERSED AND REMANDED. HERSEY and
FARMER, JJ., and DOWNEY, JAMES C., Senior Judge, concur.


95-CITE: 575 So.2d 333 Willie M. PEARSON, Appellant, v. Carol GREGG, Appellee.
TEXT: PER CURIAM. Willie M. Pearson, the defendant below in a personal injury action arising from
...ranting the defense motion for directed verdict *334 on the issues of damages, and the award is
REVERSED. NIMMONS, BARFIELD and MINER, JJ., concur.


96-CITE: 753 So.2d 698 David Emanuel POOLE, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, J. The sole issue raised by this appeal is whether the trial court erred in
assessing...erms in favor of appellant, we conclude that the injuries were, at most, slight.
Kingsley. We therefore reverse. FARMER and STEVENSON, JJ., concur.


97-CITE: 642 So.2d 1164 Richard TERWILLIGER, as Personal Representative of the Estate of Thomas
Collins, deceased, Appellant, v. OWENS-CORNING FIBERGLAS CORPORATION, Appellee.
TEXT: PER CURIAM. Collins was exposed to asbestos in Massachusetts, but moved to Florida long
befo... but before they were reversed. See Owens-Corning Fiberglas v. Terwilliger, 599 So.2d 130
(Fla. 3d DCA 1992), review denied, 613 So.2d 9 (Fla.1992).


98-CITE: 460 So.2d 589 Rodney James HENDRY, Appellant, v. STATE of Florida, Appellee.
TEXT: OTT, Acting Chief Judge. Appellant, pursuant to a negotiated plea, received concurrent
terms...tim may be cited as reason for departure from the guidelines. Green v. State, 455 So.2d 586
(Fla. 2d DCA 1984). DANAHY and SCHOONOVER, JJ., concur.


99-CITE: 711 So.2d 1166 Christian WENDT, Appellant, v. STATE of Florida, Appellee.
TEXT: EN BANC ALTENBERND, Judge. Christian Wendt appeals his sentences for DUI manslaughter and
D...nd CASANUEVA, JJ., concur. ------------ (FN1) Nothing suggests that Mr. Wendt had a sufficient
number of prior DUIs to qualify for felony treatment.


100-CITE: 516 So.2d 318 David Lee HAYES, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Judge. The appellant was found guilty of second degree robbery in violation of
sectio...minal Procedure 3.701(d)(7) now provides: victim injury shall be scored for each victim
physically injured during a criminal episode or transaction.


101-CITE: 561 So.2d 423 Eric AMADOR, a minor By and Through Simon AMADOR, his natural father, Appellant,
v. Mario VALDEZ and Reina Valdez, Appellees.
TEXT: PER CURIAM. Appellant, Eric Amador, a minor, appeals a final summary judgment in favor of
ap... court was well inside the parameters of judicial discretion. See Cabral v. Diversified
Services, Inc., 560 So.2d 246 (Fla. 3d DCA 1990). Affirmed.


102-CITE: 714 So.2d 674 Patricia ROGERS, Appellant, v. Antoinette L. MORINI and Quinto Morini, et al.,
Appellee.
TEXT: PER CURIAM. Patricia Rogers sued Antoinette and Quinto Morini seeking damages for injuries
s...he was permanently injured; therefore, the jury s verdict is supported by the evidence.
AFFIRMED. GRIFFIN, C.J., and COBB and ANTOON, JJ., concur.


103-CITE: 714 So.2d 1215 Linda FOSTER d b a Reruns and James Foster, her husband, Appellants, v. William
L. MATTHEWS and Catherine Matthews, Appellees.
TEXT: SORONDO, Judge. Linda and James Foster (Foster), appeal the Final Summary Judgment entered
i... That result was reached by reading the exculpatory clauses together with the contract s
indemnity clause, an argument which has not been made here.


104-CITE: 589 So.2d 410 Zoe Gail McLENDON, Appellant, v. Helen Marie (Farley) SMITH, Appellee.
TEXT: PETERSON, Judge. Zoe Gail McLendon appeals the dismissal of her personal injury claim for
fa...trator ad litem when the personal representative may be interested adversely to the estate or
is enforcing his own debt or claim against the estate.


105-CITE: 453 So.2d 468 AMERICAN FREIGHT SYSTEM, INC., Appellant, v. FLORIDA FARM BUREAU CASUALTY
INSURANCE COMPANY and Donald R. Thomas, Appellees.
TEXT: PER CURIAM. This appeal requires us to construe apparently conflicting provisions of
Florida...in section 440.11. Accordingly, we affirm the final summary judgment granted by the trial
court. BOARDMAN, A.C.J., and SCHEB and OTT, JJ., concur.


106-CITE: 453 So.2d 854 RELIANCE INSURANCE COMPANY and Bob Salmon, Inc., Appellants, v. MARYLAND
CASUALTY COMPANY, B.A.T. Pipeline, Inc. and Sean Franklin Kingman, Appellees.
TEXT: DELL, Judge. This appeal arises out of a coverage dispute between Reliance Insurance
Company...N, JJ., concur. ------------ (FN1) We recognize that our decision conflicts with Sunshine
Dodge, Inc. v. Ketchem, 445 So.2d 395 (Fla. 5th DCA 1984).


107-CITE: 599 So.2d 130 OWENS-CORNING FIBERGLAS CORPORATION, Appellant, v. Richard E. TERWILLIGER, as
Personal Representative of the Estate of Thomas Collins, Appellee.
TEXT: GERSTEN, Judge. Appellant, Owens-Corning Fiberglas Corporation (Owens-Corning), appeals a
fi...306 So.2d 153 (Fla. 2d DCA), cert denied, 316 So.2d 286 (Fla.1975). We find no merit in the
other issue raised by appellant. Reversed and remanded.


108-CITE: 506 So.2d 475 John C. PARKER, Appellant, v. ATLAS MUTUAL INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a summary judgment entered in favor of
At...of the vehicle. Accordingly, the judgment below is affirmed. BOOTH, C.J., and MILLS, J.,
concur. WENTWORTH, J., dissents without written opinion.


109-CITE: 580 So.2d 315 Rosa J. BERNAL and Jose M. Bernal, Appellants, v. Donald H. LIPP, D.P.M. and
Donald H. Lipp, D.P.M., P.A. Appellees.
TEXT: PER CURIAM. Plaintiffs Rosa and Jose Bernal appeal an adverse final judgment and assign as
e...re, there was insufficient due diligence shown to warrant new trial), review denied, 557 So.2d
867 (Fla.1989). Reversed and remanded for new trial.


110-CITE: 490 So.2d 1343 Scott C. MICKLER, Appellant, v. Ruth AARON, Allstate Insurance Company; Alan S.
Fishman; Bob Hurth; Dennis A. Vandenberg; Theodore Deckert; Law Offices of Brennan, McAliley,
Hayskar, McAliley and Jefferson, P.A.; Theodore Hainline; Hainline, Billing, Cochran and Heath,
P.A.; Myrna Bricker; and Britton, Cohen, Cassel, Kaufman and Schantz, P.A., Appellees.
TEXT: PER CURIAM. Appellant, the successful plaintiff in a personal injury action against
appellee...t property which can be reached by a creditor s suit pursuant to section 56.29, Florida
Statutes). AFFIRMED. ANSTEAD, LETTS and DELL, JJ., concur.


111-CITE: 605 So.2d 1310 HARRIS CORPORATION and Liberty Mutual Insurance, Appellants, v. Michael
FORLENZA, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from an order finding claimant s mental
condit...cordingly, the order below is reversed and the cause remanded with directions that the
claim be dismissed. BOOTH, SMITH, and BARFIELD, JJ., concur.


112-CITE: 677 So.2d 1003 NORTH STAR INTERNATIONAL SEAFOOD CO., INC., Appellant, v. BANNER BEEF AND
SEAFOOD CO., INC., Dinorah de La Cruz, Osvaldo de La Cruz, and Family Steak House of Miami, Inc.,
Appellees.
TEXT: PER CURIAM. North Star International Seafood Co., Inc. appeals an order denying its motion
t... L.Ed.2d 404, 411 n. 8 (1984) (same); Suffolk Federal Credit Union v. Continental Insurance Co.,
664 So.2d 1153, 1155 (Fla. 3d DCA 1995). Affirmed.


113-CITE: 707 So.2d 768 Joyce Karen PAYNE and Peter Payne, her husband, Appellants, v. Robert L. POYNTER
and R.L. Poynter Construction, Inc., Appellees.
TEXT: PER CURIAM. The issue raised in this appeal is whether the plaintiffs in a personal injury
a...cordingly, we reverse the order dismissing the action and remand for further proceedings.
PATTERSON, A.C.J., and FULMER and NORTHCUTT, JJ., concur.


114-CITE: 600 So.2d 567 Ramon SEVERINO, Appellant, v. Norma PRIEST, Appellee.
TEXT: PER CURIAM. This is an appeal from an order granting the plaintiff a new trial after a
defen...en demonstrated. See Cloud v. Fallis, 110 So.2d 669 (Fla.1959); Seaboard Coastline R.R. Co.
v. Zufelt, 280 So.2d 723 (Fla. 1st DCA 1973). Affirmed.


115-CITE: 553 So.2d 740 INTERNATIONAL BANKERS INSURANCE COMPANY, Appellant, v. SNAPPY CAR RENTAL, et
al., Appellees.
TEXT: COWART, Judge. This is an appeal of an order establishing primary insurance coverage. The
ap...ce is primary, by giving that very information the statute is complied with, the statement
becomes false and the lessee s insurance is made primary.


116-CITE: 440 So.2d 687 Colleen Wadsworth THOMPSON & Allstate Insurance Company, Appellants, v. Lois
Preston FUNNY & Johnny Funny, Appellees.
TEXT: THOMPSON, Judge. This is an appeal from an order granting a new trial in a personal injury
a...a new trial is reversed and the case is remanded to the trial court to enter judgment in favor
of the appellants. MILLS and WIGGINTON, JJ., concur.


117-CITE: 548 So.2d 849 Veronica AMADOR a k a Veronica Cikutovic, Appellant, v. Jorge HERNANDEZ, et al.,
Appellees.
TEXT: SCHWARTZ, Chief Judge. The appellee Hernandez was involved in an automobile accident with
th...inds him or favorably inures to his benefit and our present holding that it is not. See Emmco
Ins. Co. v. Bankston, 163 So.2d 24 (Fla. 3d DCA 1964).


118-CITE: 671 So.2d 206 FORT PIERCE CORPORATION, Appellant, v. C.L. IVEY, etc., et al., Appellees.
TEXT: POLEN, Judge. Fort Pierce Corporation appeals the final order granting attorney s fees and
i...ccordingly, we reverse the trial court s award of fees under section 607.07401, Florida Statutes
(1993). REVERSED. WARNER and FARMER, JJ., concur.


119-CITE: 593 So.2d 568 Alonzo YOUNGBLOOD, Petitioner, v. Donna S. MICHAUD, and Michael Schinella, as
Personal Representative, Respondents.
TEXT: FARMER, Judge. We grant the Petition for a Writ of Certiorari and vacate that part of the
tr... of our writ on the assumption that the trial judge will comply without the necessity of so
doing. IT IS SO ORDERED. HERSEY and DELL, JJ., concur.


120-CITE: 433 So.2d 613 MARSHALL HARRIS, as Personal Representative of the Estate of Steven Harris,
deceased, Marshall Harris, individually, and South Carolina Insurance Company, Appellants, v. Samuel
BERKOWITZ, as Personal Representative of the Estate of David Berkowitz, deceased, Appellee.
TEXT: BASKIN, Judge. The issue presented in this appeal is whether the law of Florida permitting
f... most significant relationships to the occurrence and to the parties, its wrongful death
recovery provisions govern the award of damages. Affirmed.


121-CITE: 588 So.2d 61 ALLSTATE INSURANCE COMPANY, Appellee, v. Harold FURO, Appellant.
TEXT: HARRIS, Judge. Michelle Pagel had been romantically involved with, but became estranged
from...ecause they were in the vicinity. The vehicle was merely the situs of the injury and not the
cause of it. REVERSED. COBB and GRIFFIN, JJ., concur.


122-CITE: 577 So.2d 657 Vernell LITTLES, as Natural Mother and Guardian of Bobby Littles, Jr., Deceased,
Appellant, v. OSCEOLA FARMS COMPANY, National Employers Company, and Division of Workers
Compensation, Appellees.
TEXT: SMITH, Judge. In this appeal of an order denying death benefits, appellant argues that the
J...ted that the appellant has cited no case involving injuries caused by a companion which were
deemed compensable under the personal comfort doctrine.


123-CITE: 463 So.2d 538 ALLSTATE INSURANCE COMPANY, Appellant, v. Roy G. JACKSON, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Allstate Insurance Company, seeks review of the final judgment
f... Therefore, PIP benefits should be extended to appellee. Accordingly, we affirm the decision of
the trial court. RYDER, C.J., and OTT, J., concur.


124-CITE: 486 So.2d 37 Sherry PLANT and Todd Plant, Appellants, v. Lawrence DECKER, D.O., Stephen
Coleman, D.O., et al., Appellees.
TEXT: DAHANY, Judge. The appellants seek review of an order dismissing their amended complaint
wit... death and stating, if they can, causes of action for injury suffered by the mother. Reversed
and remanded. GRIMES, A.C.J., and FRANK, J., concur.


125-CITE: 591 So.2d 232 Judith RIMER, the Personal Representative of the Estate of Gretel Loeb,
Deceased, Appellant Cross Appellee, v. SAFECARE HEALTH CORPORATION, Appellee Cross Appellant.
TEXT: ANSTEAD, Judge. Appellant, Judith Rimer, the personal representative of the Estate of
Gretel...OINT TORTFEASOR IN A PERSONAL INJURY ACTION SETTLED PRIOR TO THE CLAIMANT S DEATH?
WARNER, J., and STEVENSON, W. MATTHEW, Associate Judge, concur.


126-CITE: 557 So.2d 83 Reinhold SPANIER, Appellant, v. SUISSE-OUTREMER REEDEREI A.G., and Ecuadorian
Line, Inc., Appellees.
TEXT: PER CURIAM. In this seaman s personal injury action which arose at sea and has no
connexity...ud Skibs A S Drammen, Norway, 197 F.Supp. 697 (S.D.Tex.1961) (same). The other basis of
asserted jurisdiction is likewise without merit. Affirmed.


127-CITE: 527 So.2d 222 John E. INGRAHAM, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a sentence in a sexual battery and kidnapping case.
... sexual batteries and two first degree felony sexual batteries. AFFIRMED in part; REVERSED in
part; REMANDED. SHARP, C.J., and COWART, J., concur.


128-CITE: 655 So.2d 176 NATIONAL MARINE UNDERWRITERS, INC., Appellant, v. DONZI MARINE CORPORATION, and
IMTRA Corporation, Appellees.
TEXT: COPE, Judge. National Marine Underwriters, Inc., appeals an adverse summary final judgment.
... be the allowable claims if the insurer had paid for contents as well as the hull, and brought a
subrogation action in tort asking damages for both.


129-CITE: 688 So.2d 464 SUNRISE MILLS (MLP) LIMITED PARTNERSHIP, a District of Columbia Limited
Partnership, Appellant, v. Donna ADAMS, Appellee.
TEXT: FARMER, Judge. In this personal injury case, defendant served plaintiff with a request for
a.... 2d DCA 1993), to the extent that it suggests that the kind of order here categorically may not
fall within our common law certiorari jurisdiction.


130-CITE: 616 So.2d 1151 Joseph Issac BRABANT, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Joseph Brabant appeals the summary denial of his motion to correct sentence.
We...onsistent with Harrelson to determine whether physical injury was inflicted in this case.
Reversed and remanded. THREADGILL and BLUE, JJ., concur.


131-CITE: 546 So.2d 86 Ronald J. KIRCHINGER, Appellant, v. Alice A. KIRCHINGER, Appellee.
TEXT: SCHEB, Acting Chief Judge. Ronald J. Kirchinger appeals the final judgment of dissolution
of...il the trial court acts in some further way, any resolution at the appellate level is
inappropriate. Affirmed. DANAHY and THREADGILL, JJ., concur.


132-CITE: 717 So.2d 588 Robert M. ASSI, Appellant, v. FLORIDA AUTO AUCTION OF ORLANDO, INC., etc., et
al., Appellees.
TEXT: W. SHARP, Judge. Assi appeals from a final judgment in an automobile accident case in which
... See Mansfield v. Rivero, 620 So.2d 987 (Fla.1993); Lasky v. State Farm Ins. Co., Inc., 296 So.2d
9 (Fla. 1974). (FN7) Section 627.736(4), Fla.Stat.


133-CITE: 573 So.2d 1053 Thomas Severe RAMSEY, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Judge. The appellant challenges his convictions and sentences on two counts of
engag...ordance with this opinion. Convictions affirmed; sentences reversed and case remanded for
resentencing. SCHEB, A.C.J., and THREADGILL, J., concur.


134-CITE: 559 So.2d 353 STRATEGIC MARKETING SYSTEMS and Cigna Insurance Companies, Appellants, v. Paul
J. SORANNO, Appellee.
TEXT: THOMPSON, Judge. The employer, Strategic Marketing Systems, and its workers compensation
car...tributed to his injury. Accordingly, the JCC s order finding claimant s May 6, 1988, accident
compensable is reversed. BOOTH and MINER JJ., concur.


135-CITE: 728 So.2d 270 Betty A. EVANS, Appellant, v. Roberto A. MONTENEGRO, Appellee.
TEXT: GERSTEN, J. Betty A. Evans, the defendant below ( defendant ), appeals a jury verdict in
fav...DCA 1994); Holmes v. State Farm Mut. Auto. Ins. Co., 624 So.2d at 826. *272 Accordingly, the
final judgment is affirmed in all respects. Affirmed.


136-CITE: 452 So.2d 93 Sheran PORR, Individually and as Personal Representative of the Estate of Robert
Ray Ward, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation,
Appellee.
TEXT: PER CURIAM. Porr s minor son, Robert Ray Ward, was fatally injured in an automobile
accident...er *95 the uninsured motorist provisions of the policies insuring Porr s two vehicles
other than her truck. SMITH, JOANOS and NIMMONS, JJ., concur.


137-CITE: 525 So.2d 976 Alan B. ATKINSON, individually, and as spouse, next of kin and personal
representative of the Estate of Adrienne C. Atkinson, deceased, Appellant, v. DOLLAR RENT-A-CAR,
INC., and American Insurance Company, Appellees.
TEXT: HENDRY, Judge. The negligence for which Alan Atkinson claimed Dollar Rent-a-Car was liable
w...National. The litigation resulted in the entry of summary judgment for National because its
policy did not provide uninsured motorist (UM) coverage.


138-CITE: 528 So.2d 917 INTERNATIONAL BANKERS INSURANCE COMPANY, Appellant, v. Susan ARNONE, Appellee.
TEXT: ON MOTION FOR REHEARING DELL, Judge. We deny appellant s motion for rehearing, however, we
...section 627.739(2) expressly excludes application of the deductible to the funeral, burial, or
cremation benefits provided by section 627.736(1)(c).


139-CITE: 696 So.2d 1305 Peter E. CREIGHTON, Carol Creighton, and Peter E. Creighton, as Personal
Representative of the Estate of Madeline Creighton, deceased, Appellants, v. STATE FARM MUTUAL
AUTOMOBILE INSURANCE CO., a foreign corporation, Appellee.
TEXT: PATTERSON, Judge. Peter Creighton, Carol Creighton, and Peter Creighton, as personal
represe...mily or you are purchasing uninsured motorist limits less than your bodily injury
liability limits when you sign this form. Please read carefully.


140-CITE: 520 So.2d 668 Thomas Ray McDONALD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal of appellant s jury conviction for aggravated
...e case here, and the trial court did not abuse its discretion in scoring the injury as severe.
AFFIRMED. BOOTH, WIGGINTON and ZEHMER, JJ., concur.


141-CITE: 623 So.2d 616 STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. Juan C. GONZALEZ, Appellee.

TEXT: BARKDULL, Judge. State Farm appeals an order granting Gonzalez a summary judgment, and an
or...d, as is the order awarding attorney s fees, with directions to enter summary judgment in favor
of the insurance carrier. Reversed with directions.


142-CITE: 722 So.2d 836 STATE of Florida, Appellant, v. Vincent Lee PAYNE, Appellee.
TEXT: PATTERSON, Acting Chief Judge. The State appeals from the taial court s order granting
Vince... s scoresheet when sentencing him for DUI manslaughter and DUI with serious bodily injury).
Appeal dismissed. NORTHCUTT and SALCINES, JJ., concur.


143-CITE: 507 So.2d 699 Gary HENDRIX, Appellant, v. ESCAMBIA COUNTY, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals an order granting summary judgment in appellant s
person...to appellant. Thus, considering the disputed issues of fact which exist in this case,
summary judgment was improper. MILLS and ERVIN, JJ., concur.


144-CITE: 546 So.2d 1101 PMR CONSTRUCTION, INC., Appellant, v. RANGER INSURANCE COMPANY, et al.,
Appellees.
TEXT: PER CURIAM. The appeals involved here are from entries of final summary judgment for all
def...on this issue. However, as to the other two appellees, the summary judgments are affirmed.
*1102 Affirmed in part, reversed in part, and remanded.


145-CITE: 506 So.2d 1172 James LANDRISCINA and Marilyn Landriscina, his wife, Appellants, v. The ESTATES
OF ALPINE WOODS ASSOCIATION, INC., a Florida corporation, Appellee.
TEXT: PER CURIAM. Appellant appeals an order denying his motion for new trial in a personal
injury...jury in his possession at the time of trial, thus it cannot qualify as newly-discovered
evidence. AFFIRMED. ANSTEAD, DELL and WALDEN, JJ., concur.


146-CITE: 509 So.2d 982 CITY OF HAINES CITY, Appellant, v. William ALLEN, et ux, et al., Appellees.
TEXT: ON MOTION TO DISMISS PER CURIAM. William Allen and his wife, appellees, have filed a
motion...parties to appeal after all the pending issues have been resolved in the trial court.
Granted. DANAHY, C.J., and SCHOONOVER and HALL, JJ., concur.


147-CITE: 699 So.2d 1050 John ROGGIO-WILGUS, Appellant, v. Vinson L. MARLIN, Appellee.
TEXT: KLEIN, Judge. Appellant plaintiff obtained a jury verdict in excess of the defendant s
insur...t. We therefore reverse the order setting aside the judgment *1051 which was grounded on the
alleged settlement. WARNER, and PARIENTE, JJ., concur.


148-CITE: 687 So.2d 882 Michael J. LOHRET, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Acting Chief Judge. Michael J. Lohret has sought review of the partial summary
denial...f the trial court, he must do so within thirty days of its rendition. Reversed and
remanded for further proceedings. BLUE and QUINCE, JJ., concur.


149-CITE: 698 So.2d 1244 FORD MOTOR COMPANY, Appellant, v. Ronald MAGILL, Charles Jung, Burch & Burch,
P.A., D.V.M., John Sherry, Randee Sallee, Dan Lyons and Harold Schnorrenberg individually and on
behalf of all others similarly situated, Appellees.
TEXT: PER CURIAM. Ford Motor Company appeals a class certification order. The appellees are five
F...he individual claims to the appropriate court that would have jurisdiction of any breach of
contract action. Reversed and remanded with directions.


150-CITE: 585 So.2d 488 Enrique DIAZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Enrique Diaz appeals the judgments and sentences imposed upon him for
aggravated...t to reflect points for severe victim injury. Affirmed but remanded with instructions.
SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.


151-CITE: 455 So.2d 441 David Alan SCHERZER, Appellant, v. Mary Wilk BERON and American Ambassador
Casualty Co., Appellees.
TEXT: COBB, Chief Judge. The plaintiff appeals a judgment denying recovery. The question
presented...judgment in the plaintiff s favor in the amount of $4,500.00, plus costs. REVERSED and
REMANDED. ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur.


152-CITE: 638 So.2d 582 Mabel V. WAYE and Napoleon Waye, her husband, Appellants, v. Phillip M. EDDINGS,
Esquire; Stephen L. Berry, Esquire; and Eddings and Berry, Attorneys at Law, Appellees.
TEXT: WEBSTER, Judge. Appellants (plaintiffs in the trial court) seek review of a final order by
w...ecause, instead, it granted those motions, we reverse, and remand for further proceedings.
REVERSED and REMANDED. ALLEN and LAWRENCE, JJ., concur.


153-CITE: 519 So.2d 39 WEST AMERICAN INSURANCE COMPANY, Appellant, v. Joy M. LOVETT, etc., Appellee.
TEXT: COWART, Judge. James Aaron Lovett, Jr., was operating, with permission of the owner, a
picku...st the UM insurer under the Wrongful Death Statute and this court s decision in Webster v.
Valiant Insurance Co., 512 So.2d 971 (Fla. 5th DCA 1987).


154-CITE: 503 So.2d 905 Wiley PHILLIPS, Appellant, v. ALBERTSON S, INC., Appellee.
TEXT: PER CURIAM. We affirm the judgment for defendant entered upon a jury verdict in this
persona...ered expert testimony. See New York Life Insurance Co. v. Childs, 252 So.2d 288, 290 (Fla.
3d DCA 1971). DANAHY, C.J., LEHAN and HALL, JJ., concur.


155-CITE: 571 So.2d 90 In re ESTATE OF Jeremy MINDLIN, Deceased. Leo MINDLIN, Appellant, v. Karen
MINDLIN, Appellee.
TEXT: PER CURIAM. The appellant, Leo Mindlin, challenges an order denying his petition to be
appoi... to name Leo Mindlin as personal representative. Reversed and remanded with instructions.
SCHOONOVER, C.J., and LEHAN and ALTENBERND, JJ., concur.


156-CITE: 439 So.2d 1004 Herbert C. BURNS, III, Appellant, v. THREE OF A KIND, INC., a Florida
Corporation, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a summary judgment in a personal injury case. The
jud...la. 4th DCA 1982); Burson v. Gate Petroleum Co., 401 So.2d 922 (Fla. 5th DCA 1981). REVERSED
and REMANDED. ORFINGER, C.J., and COWART, J., concur.


157-CITE: 454 So.2d 790 Johnny Lee WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. This is another appeal from a guidelines sentence. We affirm. Appellant
Jo...e two homicides, there was no error in the sentences. Accordingly, the sentences are AFFIRMED.
COBB, C.J., and FRANK D. UPCHURCH, Jr., J., concur.


158-CITE: 603 So.2d 651 UNIVERSITY OF MIAMI, the Public Health Trust of Dade County d b a Jackson
Memorial Hospital and Euan Robertson, M.D., Petitioners, v. The Honorable Herbert M. KLEIN, as
Circuit Judge of the Eleventh Judicial Circuit in and for Dade County, Respondent.
TEXT: FERGUSON, Judge. The petitioners, who are the defendants in the trial court action, bring
th...xercising further jurisdiction. Certiorari is granted. The order on review is quashed and the
cause is remanded for further consistent proceedings.


159-CITE: 744 So.2d 1029 Dirk FRANZEN, M.D. and Dirk Franzen, M.D., P.A., Appellants, v. Henry E. MOGLER
and Donna Mogler, as personal representatives of the Estate of Michael Mogler, deceased, and
individually, Appellees.
TEXT: On Motions for Rehearing FARMER, Judge. We deny all motions for rehearing but write to
addr...tration and predictability of outcome are in the public interest in controlling increased
medical care costs. See Section 766.201, Fla.Stat. (1995).


160-CITE: 584 So.2d 132 WEE WISDOM MONTESSORI SCHOOL and Commercial Union Insurance Co., Appellants, v.
Patricia VICKERS, Appellee.
TEXT: BARFIELD, Judge. The employer and carrier (EC) appeal a workers compensation order which,
in... Accordingly the award of attendant care benefits for the period of August 26, 1977, to April
14, 1988, is REVERSED. ZEHMER and WOLF, JJ., concur.


161-CITE: 624 So.2d 850 Alan Godfrey LEE, An Underwriter at Lloyd s, London, for himself and for those
Other Underwriters at Lloyd s, London Subscribing to Insurance Policy No. 3665, Excess Insurance
Company, British National Insurance Company, Terra Nova Insurance Company, Ltd. and Yasuda Fire &
Marine Insurance Company (UK), Ltd. Appellants, v. Cynthia Elizabeth MONTGOMERY, Appellee.
TEXT: PER CURIAM. On behalf of himself and others underwriting a package excess insurance policy,
...that the trial court enter judgment in favor of the underwriters. REVERSED and REMANDED, with
directions. BARFIELD, KAHN and WEBSTER, JJ., concur.


162-CITE: 643 So.2d 34 CITY OF HOLLYWOOD and Hartford Insurance Company, Appellants, v. Thomas KARL,
Appellee.
TEXT: ALLEN, Judge. The employer carrier appeal a workers compensation order establishing the
comp...use the resulting mental or nervous injury was not due to fright or excitement only. The
appealed order is affirmed. KAHN and MICKLE, JJ., concur.


163-CITE: 553 So.2d 357 RANDOM HOUSE RCA and Zurich-American Ins. Co., Appellants, v. Joseph MALONE,
Appellee.
TEXT: WENTWORTH, Judge. Employer carrier seek review of a worker s compensation order by which
the...ner s reinstatement of claimant s permanent total disability benefits was proper. The order
appealed is affirmed. NIMMONS and ZEHMER, JJ., concur.


164-CITE: 654 So.2d 253 Enoch D. HALL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this direct criminal appeal, appellant raises four issues: (1) whether the
tr...resentencing as to that offense. AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with
directions. WEBSTER, MICKLE and VAN NORTWICK, JJ., concur.


165-CITE: 506 So.2d 99 ATLAS MUTUAL INSURANCE COMPANY, Appellant, v. Philip WOLFORT, Appellee.
TEXT: DOWNEY, Judge. Appellee, Philip Wolfort, sustained injuries and other damages in an
automobi...or $1,800. The deductible is then subtracted from the sum of those two figures, resulting
in an award to the insured of $3,000 ($5,000 less $2,000).


166-CITE: 497 So.2d 289 Linda J. FRIELINGSDORF, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: HENDRY, Judge. Plaintiff appeals from a summary final judgment entered in favor of
defendant...a cluster of cities comprising the closest metropolitan area, and . . . the insurer is
not limited to the geographically closest city. Id. at 843.


167-CITE: 484 So.2d 1267 Jesse J. JENNINGS, et al., Appellants, v. Joe F. RAY, Appellee.
TEXT: UPCHURCH, Judge. The Jenningses appeal from a final judgment in favor of Joe Ray in a
person...gs injuries, the trial court erred in directing a verdict in favor of Ray. REVERSED and
REMANDED for new trial. COBB, C.J., and SHARP, J., concur.


168-CITE: 651 So.2d 89 AUTO-OWNERS INSURANCE COMPANY, Petitioner, v. Michael TOMPKINS, Respondent.
TEXT: OVERTON, Justice. We have for review Tompkins v. Auto-Owners Insurance Co., 627 So.2d 1236
(...lari to the extent that they conflict with this opinion. It is so ordered. GRIMES, C.J., and
SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.


169-CITE: 561 So.2d 1285 Oscar K. CARTER, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Carter appeals from the trial court s summary denial of his rule 3.800
moti...y time the victim receives physical trauma during the criminal transaction or episode. (FN5)
See Smith v. State, 526 So.2d 1060 (Fla. 1st DCA 1988).


170-CITE: 624 So.2d 818 Paula DAIGNEAULT and Paul Daigneault, her husband, Appellants, v. William GACHE,
Carol Gache and Carla Gache, Appellees.
TEXT: ON MOTION FOR REHEARING OWEN, WILLIAM C., Jr., Senior Judge. The opinion of this court
file...s remanded for the purpose of affording appellant a new trial on the issue of damages.
REVERSED AND REMANDED. DELL, C.J., and GUNTHER, J., concur.


171-CITE: 592 So.2d 799 Michael CARDINALE, Appellant, v. Carol THOMPSON, Appellee.
TEXT: POLEN, Judge. Michael Cardinale brings this appeal from a final judgment in which the trial
... with directions that the release executed by Cardinale and appellees be set aside. REVERSED and
REMANDED. GLICKSTEIN, C.J., and DELL, J., concur.


172-CITE: 445 So.2d 1151 Opal F. HUDSON, as personal representative of the estate Ela Hudson, deceased,
Appellant, v. KEENE CORPORATION: The Celotex Corporation; Johns-Manville Corporation; Johns-Manville
Amiante Canada, Inc.; H.K. Porter Company, Inc.; Armstrong Cork Company and Raybestos-Manhattan,
Inc., Appellees.
TEXT: ON MOTIONS FOR REHEARING, CLARIFICATION, AND CERTIFICATION JOANOS, Judge. Having
considered...ons period with regard to the personal injury suit. Therefore the summary judgment
appealed is AFFIRMED. LARRY G. SMITH and WENTWORTH, JJ., concur.


173-CITE: 715 So.2d 358 Shunneta TOLIVERT, Appellant, v. ESTATE OF John SCHERER, Deceased, et al.,
Appellees.
TEXT: W. SHARP, Judge. Tolivert appeals from an amended final judgment in her personal injury
suit...ing of the transcript in this regard is erroneous, the issue was still one for the jury. See
Rice; Burton. AFFIRMED. COBB and HARRIS, JJ., concur.


174-CITE: 650 So.2d 1082 Brett Allan WARREN, Personal Representative of the Estate of Dianna Lynn
Warren, deceased, Appellant, v. The TRAVELERS INSURANCE COMPANY and The Phoenix Insurance Company,
Appellees.
TEXT: PER CURIAM. As personal representative of the estate of Dianna Lynn Warren, Brett Allan
Warr... MOTORIST BENEFITS, WHERE THE POLICY EXCLUDES THE INSURED VEHICLE FROM ITS DEFINITION OF
UNINSURED VEHICLE? JOANOS, WOLF and BENTON, JJ., concur.


175-CITE: 452 So.2d 1060 LUMBERMENS MUTUAL CASUALTY COMPANY, Appellant, v. Julian Andres ACOSTA and
Eugenia I. Acosta, Appellees.
TEXT: JORGENSON, Judge. The question before us is whether the adjective dependent, as used in
sect...der supports financially. ------------ (FN4) Colorado, Delaware, Hawaii, Kentucky,
Massachusetts, Michigan, New York, Oregon, Pennsylvania and Utah.


176-CITE: 672 So.2d 852 Brian GARNER, Petitioner, v. Reed SOMBERG, et al., Respondents.
TEXT: PER CURIAM. Brian Garner seeks certiorari review of an order that denied his motion to
disqu...se to the former client was the same or substantially related to the matter in which it
represented the former client. State Farm, 575 So.2d at 633.


177-CITE: 543 So.2d 822 EASTERN AIRLINES and North River Insurance Company, Appellants, v. Chandler
RIGDON, Appellee.
TEXT: WIGGINTON, Judge. This is an appeal from an award of workers compensation benefits based
upo...rse the order of the deputy commissioner that found claimant s injury to be compensable and
awarded benefits. SMITH, C.J., and SHIVERS, J., concur.


178-CITE: 708 So.2d 314 OMNI INSURANCE COMPANY, Appellant, v. SPECIAL CARE CLINIC, INC., Appellee.
TEXT: PER CURIAM. Omni Insurance Company petitions this court for certiorari review of an order
of... reverse the order of the county court denying Omni s motion to dismiss. Certiorari granted.
DANAHY, A.C.J., and FRANK and NORTHCUTT, JJ., concur.


179-CITE: 474 So.2d 425 S.G.A. SCIENTIFIC, INC., Appellant, v. Grady Lee RHODES and Meta Lois Rhodes,
Appellee.
TEXT: MILLS, Judge. S.G.A. Scientific, Inc. (SGA) appeals from an interlocutory order denying its
...trial court was correct in finding the exercise of personal jurisdiction appropriate in this
case. We affirm. BOOTH, C.J., and JOANOS, J., concur.


180-CITE: 696 So.2d 1346 Carlos DIAZ, as personal representative of the Estate of Lazaro Diaz on Behalf
of the Estate of Lazaro Diaz and on Behalf of Juan Diaz and Yolanda Diaz, as survivors of Lazaro
Diaz, Appellants, v. CCHC-GOLDEN GLADES, LTD., a limited partnership with Commonwealth Continental
Health Care, Inc., general partner, d b a Golden Glades Regional Medical Center, Ltd., Appellee.
TEXT: SCHWARTZ, Chief Judge. Primarily because of the legislative history set out by the Fourth
Ci...h v. Department of Ins., 507 So.2d 1080 (Fla.1987); Vildibill v. Johnson, 492 So.2d 1047
(Fla.1986), we note, but do not pass upon that possibility.


181-CITE: 714 So.2d 671 Farah KENT, Appellant, v. Bernard J. BUCHOLC, Appellee.
TEXT: PER CURIAM. Appellee plaintiff suffered a low back injury as a result of an automobile
accid...award of future economic damages). We find the other issues raised by appellant are without
merit. Affirmed. WARNER, KLEIN and TAYLOR, JJ., concur.


182-CITE: 624 So.2d 824 Donna HOLMES, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Appellee.
TEXT: RYDER, Acting Chief Judge. Donna Holmes challenges the trial court s final judgment in this
...er a directed verdict for plaintiff on the issue of permanency and for a trial on damages.
Reversed and remanded. HALL and PATTERSON, JJ., concur.


183-CITE: 468 So.2d 487 Harold STRICKLAND, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Strickland was charged in four counts of an information with sexual
batter...n suffered by the victim as a result of the offense. Webster v. State, 461 So.2d 965 (Fla.
2d DCA 1984). AFFIRMED. SMITH and SHIVERS, JJ., concur.


184-CITE: 510 So.2d 345 Viviene W. MAKOWIECKI, Appellant, v. STURM, RUGER, SMITH & COMPANY, INC.,
Appellee.
TEXT: LEHAN, Judge. The plaintiff in this personal injury products liability suit appeals from a
s... Supreme Court as being of great public importance the same two questions so certified in Smith.
Affirmed. CAMPBELL, A.C.J., and HALL, J., concur.


185-CITE: 510 So.2d 999 Robert RAINIER, as Personal Representative of the Estate of Marie S. Houston,
deceased, Appellant, v. Mike CALHOUN, Appellee.
TEXT: PER CURIAM. This is an appeal by the personal representative of an estate from two orders
wh...r s claim and (2) the personal representative s motion to strike the estate creditor s petition
to enforce his claim, are in all respects Affirmed.


186-CITE: 477 So.2d 1078 Raymond L. MEDLIN, Appellant, v. BUREAU OF CRIMES COMPENSATION DIVISION OF
WORKERS COMPENSATION, DEPARTMENT OF LABOR & SECURITY, Appellee.
TEXT: PER CURIAM. Appellant, Raymond L. Medlin, appeals an order denying his claim for
compensatio...h chapter 960 applies. We agree with the holding in Davis and accordingly affirm.
AFFIRMED. RYDER, C.J., and CAMPBELL and SCHOONOVER, JJ., concur.


187-CITE: 502 So.2d 63 Ronnie N. MATTHEWS, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of a judgment of conviction and sentence for
leavin...e judgment of conviction is affirmed. The sentence imposed is vacated, and the cause
remanded for resentencing. WIGGINTON and NIMMONS, JJ., concur.


188-CITE: 560 So.2d 1254 Justo SANZ, Appellant, v. PROFESSIONAL UNDERWRITERS INSURANCE AGENCY, Appellee.

TEXT: PER CURIAM. Appellant, Justo Sanz, appeals a partial summary judgment on liability in favor
...ailed to comply with the termination provision, we find that, as a matter of law, he was liable
under his personal guaranty. Accordingly, we affirm.


189-CITE: 434 So.2d 36 Elaine THOMPSON and Barry Thompson, her husband, Appellants, v. Peter L. NILES,
Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. The Thompsons appeal from a final summary judgment in favor
o...ions of Dutchess. The affidavit of Niles merely alleged that Dutchess was a division of National
Services. REVERSED. COBB and COWART, JJ., concur.


190-CITE: 655 So.2d 1217 Randall DUTCHER, Appellant, v. ALLSTATE INSURANCE COMPANY, a Florida
corporation, Appellee.
TEXT: KLEIN, Judge. We reverse a finding by a jury that plaintiff suffered no permanent injury
bec...opinion as to the justness of a cause, the credibility of a witness, the culpability of a
civil litigant, or the guilt or innocence of an accused.


191-CITE: 519 So.2d 25 CUSHMAN AND WAKEFIELD OF PENNSYLVANIA, INC., Appellant Third Party Defendant, v.
SAVERS FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellee Third Party Plaintiff, and Connecticut savings
Bank, Heritage Savings & Loan Association, Connecticut National Bank, and First Home Savings,
Appellees, Third Party Plaintiffs.
TEXT: SCHEB, Acting Chief Judge. Appellant Cushman and Wakefield of Pennsylvania, Inc. (Cushman),
...ly argued were applicable. Except as clarified herein, appellee s motion for rehearing is
denied. SCHEB, A.C.J., and RYDER and FRANK, JJ., concur.


192-CITE: 608 So.2d 528 Joe PERRYMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: ALLEN, Judge. The appellant challenges a guidelines sentence imposed under a Category 2:
Se...preserve the issue for appeal, we decline to consider his argument on the merits. The
challenged sentence is affirmed. MINER and KAHN, JJ., concur.


193-CITE: 757 So.2d 571 Jerome W. CRAFT, Petitioner, v. Mary Elizabeth CRAFT, Respondent.
TEXT: STEVENSON, J. We redesignate as a non-final appeal this petition for writ of certiorari,
whe...t and purchased by funds taken from the former husband); and (7) conspiracy to violate
fiduciary duties, commit conversion, and to destroy evidence.


194-CITE: 585 So.2d 418 Reginald D. BARKLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. This is an appeal from an order imposing restitution in a criminal case.
Bark...r funeral and related services as was done by the appealed order. Accordingly, the order of
restitution is REVERSED. ERVIN and MINER, JJ., concur.


195-CITE: 652 So.2d 488 Kenneth C. BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. Scoring of victim injury is within the sound discretion of the trial
c...re the victim was shot directly in the chest by a shotgun at extremely close range). We find no
error. PETERSON, GRIFFIN and THOMPSON, JJ., concur.


196-CITE: 729 So.2d 455 Fred McMILLION, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant challenges the denial of his motion for postconviction relief filed
pu...ion of the scoresheet and resentencing. In all other respects, the order on appeal is affirmed.
BARFIELD, C.J., LAWRENCE and BROWNING, JJ., CONCUR.


197-CITE: 670 So.2d 1026 Linda Darlene MOODY and Barry L. Berges, Appellants, v. James TAYLOR,
individually and as Personal Representative of the Estate of Marion Viola Taylor, and Christina
Michelle Taylor, Appellees.
TEXT: PER CURIAM. Linda Darlene Moody and Barry L. Berges appeal the trial court s entry of a
part...ockensmith v. Waxler, 524 So.2d 714 (Fla. 2d DCA 1988). Affirmed in part; reversed in part.
DANAHY, A.C.J., and PARKER and PATTERSON, JJ., concur.


198-CITE: 573 So.2d 885 TIRE KINGDOM, INC., a Florida corporation, Appellant, v. FIRST SOUTHERN
INSURANCE CO., a Florida corporation, f k a Morrison Assurance Co., Inc., a Florida corporation,
Appellee.
TEXT: LEVY, Judge. Tire Kingdom, Inc. ( TIRE KINGDOM ) brought suit against First Southern
Insuran...ys fees and costs owed by First Southern, to Tire Kingdom, as a result of its refusal to
defend Tire Kingdom. Reversed and remanded with direction.


199-CITE: 599 So.2d 775 BRISTOL MYERS CO. and Utica Mutual Insurance Company, Appellants, v. George R.
CLARK, Appellee.
TEXT: WOLF, Judge. The employer and carrier (E C) appeal from a workers compensation order which,
...ding. Therefore, the award of retroactive attendant care is reversed. In all other respects, the
order is affirmed. SHIVERS and MINER, JJ., concur.


200-CITE: 456 So.2d 559 James Darrell TONEY, a k a James N. Toney, Appellant, v. STATE of Florida,
Appellee.
TEXT: BOARDMAN, Acting Chief Judge. We affirm appellant s fifteen-year sentence for armed robbery
...essed for victim injury but affirm the court s sentencing decision in all other respects.
AFFIRMED as modified. SCHOONOVER and LEHAN, JJ., concur.


201-CITE: 635 So.2d 995 Joseph MOUNT, Appellant, v. KASH N KARRY and Scott Wetzel Services, Appellees.
TEXT: PER CURIAM. In this workers compensation case, the claimant challenges an order of the
Judge...ury. Because the JCC failed to make findings on this question, the case is REMANDED for
further consideration. BOOTH, MINER and KAHN, JJ., concur.


202-CITE: 506 So.2d 1145 Robert MANLEY, Appellant, v. BENNETT S TRUCK EQUIPMENT and Claims Mgmt.
Systems, Appellees.
TEXT: ERVIN, Judge. Appellant appeals an order of the deputy commissioner (dc) finding that
appell...e of compensability, he is entitled to attorney s fees. Reversed and remanded for further
consistent proceedings. SHIVERS and ZEHMER, JJ., concur.


203-CITE: 590 So.2d 506 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Robert SWEARINGEN,
Appellee.
TEXT: HERSEY, Judge. This is an appeal from a summary final judgment invalidating a time
limitatio... in finding that, as a matter of law, the policy s three year limitation on med pay
coverage was invalid. AFFIRMED. DELL and GUNTHER, JJ., concur.


204-CITE: 569 So.2d 849 Joseph John GIANCOLA, for the use and benefit of Selective Insurance Company of
America, Appellant, v. THRIFTY RENT-A-CAR SYSTEMS, INC., Dean Wayne Scott, Salient Group, Inc., d b
a Thrifty Car Rental, Appellees.
TEXT: DOWNEY, Judge. This is a plenary appeal from a judgment based upon the dismissal of an
amend...nt s amended complaint and remand this cause for further proceedings consistent herewith.
WALDEN, J., and WESSEL, JOHN D., Associate Judge, concur.


205-CITE: 605 So.2d 1029 Esther KETHMAN and Eugene Kethman, Appellants, v. RITZ BOWLING, INC., d b a
Forum Lanes, Appellee.
TEXT: PER CURIAM. Because we conclude that there are triable issues of fact in this personal
injur...y final judgment and remand so that plaintiffs can present their evidence to a jury.
REVERSED AND REMANDED. HERSEY, POLEN and FARMER, JJ., concur.


206-CITE: 540 So.2d 848 Leonard YANKE, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Finding no reversible error in defendant s conviction for lewd assault on a
ch...). The judgment is affirmed, the sentence is reversed, and the cause is remanded for
resentencing. SCHOONOVER, A.C.J., and THREADGILL, J., concur.


207-CITE: 706 So.2d 389 ALLSTATE INSURANCE COMPANY, Appellant, v. Bonita H. RUDNICK, Appellee.
TEXT: GROSS, Judge. Allstate Insurance Company appeals the trial court s refusal to offset
persona... is insufficient to reverse the trial court s ruling. The final judgment is affirmed.
STONE, C.J., and DAKAN, STEPHEN L., Associate Judge, concur.


208-CITE: 587 So.2d 570 Georgia M. JONES, Appellant, v. David Michael COOK and Fairchild-Florida Const.
Co., Appellees.
TEXT: JOANOS, Chief Judge. Georgia M. Jones has appealed an order of the trial court granting
appe...e of the action in Florida, and the trial court correctly granted summary judgment in favor
of appellees. Affirmed. SMITH and ZEHMER, JJ., concur.


209-CITE: 438 So.2d 503 Ronald J. JULIAN and Allstate Insurance Company, Appellants, v. Robert JOHNSON,
Jr., and Richard Parris, Appellees.
TEXT: ORFINGER, Chief Judge. This is an appeal from a final judgment awarding appellees,
plaintiff...e judgment is erroneous and is reversed, with directions to enter judgment for
appellants. REVERSED and REMANDED. DAUKSCH and COWART, JJ., concur.


210-CITE: 505 So.2d 629 GULFSTREAM PARK RACING ASSOCIATION, INC., Appellant, v. Peter COURNOYER,
Appellee.
TEXT: PER CURIAM. Gulfstream Racing Association, Inc. appeals from an order denying its motion to
...unty. On these authorities we hold that venue in this cause should have been transferred.
Reversed and remanded for further consistent proceedings.


211-CITE: 458 So.2d 834 FORTUNE INSURANCE COMPANY, Appellant, v. Lazaro FERREIRO, Appellee.
TEXT: HENDRY, Judge. Fortune Insurance Company appeals from a final summary judgment in favor of
t...be anomalous indeed to find no coverage where the assailant effected appellee s injury but with
a different instrumentality, i.e., a gun. Affirmed.


212-CITE: 599 So.2d 283 Anthony BUTLER, Appellant, v. TEICHNER & MELLA, P.A., Ronald Teichner, M.D.,
Enrique Mella, M.D., and Baptist Hospital of Miami, Inc., Appellees.
TEXT: PER CURIAM. Anthony Butler, plaintiff below, appeals a post-trial order entering judgment
in...ler v. Novak, 596 So.2d 749 (Fla. 3d DCA 1992) (en banc). The cause is remanded for further
proceedings consistent herewith. Reversed and remanded.


213-CITE: 715 So.2d 284 Natasha SCHNEIDER and Gary Schneider, Appellants, v. Mark DiPAOLA, Appellee.
TEXT: PER CURIAM. The appellants, Natasha and Gary Schneider, challenge the trial court s order
aw...ling parties. Accordingly, the costs award to the appellee is reversed. Reversed and remanded.
PATTERSON, A.C.J., and BLUE and GREEN, JJ., concur.


214-CITE: 736 So.2d 1269 Timothy M. SCANLAN, as Co-Personal Representative of the Estate of Dennis, R.
Scanlan, Jr., and Nationsbank, as Co-Personal Representative of the Estate of Dennis R. Scanlan,
Jr., Appellants, v. Nicholas P. SCANLAN, and Dennis R. Scanlan, Appellees.
TEXT: PER CURIAM. We reverse the trial court s order denying appellant s motion to dismiss the
pet... on remand. We also reverse the trial court s order striking the notice of appeal. REVERSED
AND REMANDED. GUNTHER, GROSS and HAZOURI, JJ., concur.


215-CITE: 590 So.2d 1088 OLYMPIC ASSOCIATES and State Farm Fire & Casualty Co., Appellants, v. Kelly
KIMMEL and the Florida Department of Labor and Employment Security, Division of Workers
Compensation, Appellees.
TEXT: PER CURIAM. This is an appeal of an order of the judge of compensation claims finding that
t... Because the claimant failed to present any medical evidence of causation, the order appealed is
reversed. ZEHMER, BARFIELD and ALLEN, JJ., concur.


216-CITE: 659 So.2d 373 Danny J. SCALF, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Danny Scalf appeals from the denial of his motion to correct sentence. The
trial...r appellate review. Reversed in part, affirmed in part, and remanded for further
proceedings. FRANK, C.J., and PATTERSON and LAZZARA, JJ., concur.


217-CITE: 647 So.2d 974 Ronald SPRING, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant Ronald Spring pled nolo contendere to numerous offenses of armed
sexua...points Because the record is not revealing in this regard, we must REVERSE and REMAND for
further proceedings BOOTH, ALLEN and BENTON, JJ., concur.


218-CITE: 597 So.2d 343 COMMERCIAL CLEAN-UP ENTERPRISES, INC., and Thomas T. Tibstra, Appellants, v.
Barbara HOLMQUIST and Donald J. Holmquist, Appellees.
TEXT: PARKER, Judge. Appellants, Commercial Clean-Up Enterprises, Inc., and Thomas T. Tibstra,
app...e extent that they should not be read to conflict with Faulkner and McDaniel. Reversed and
remanded. CAMPBELL, A.C.J., and THREADGILL, J., concur.


219-CITE: 692 So.2d 294 Lennox GRIFFITH, Appellant, v. BUDGET RENT-A-CAR SYSTEMS, INC., a Delaware
corporation, Appellee.
TEXT: GREEN, Judge. Lennox Griffith appeals a final summary judgment finding that appellee,
Budget...automobile was likewise entitled to tort immunity from this cause. The summary judgment
entered in favor of Budget is therefore affirmed. Affirmed.


220-CITE: 517 So.2d 778 Danny DOYLE, Appellant, v. Tena FAFORD, et al., Appellees.
TEXT: UPCHURCH, Chief Judge. This is an appeal by Danny Doyle, the defendant below, from an order
...der granting the Fafords motion for new trial is affirmed but the order granting their motion in
limine is reversed. SHARP and COWART, JJ., concur.


221-CITE: 505 So.2d 525 Matthew WOHL, Ruth Wohl, and Carolyn Gold, as Personal Representatives of the
Last Will and Testament of Harry Wohl, deceased. Appellants, v. Kathryn LEWY and Bert Wohl,
Appellees.
TEXT: JORGENSON, Judge. This is an appeal by the personal representative of the estate of Harry
Wo...resentatives. The judgment of the circuit court is reversed, and this cause is remanded for
further consistent proceedings. Reversed and remanded.


222-CITE: 732 So.2d 334 HARRIS SEMICONDUCTOR and Cigna Property & Casualty Company, Appellants, v. Doris
DRIVER, Appellee.
TEXT: PER CURIAM. We agree that the claimant is entitled to temporary partial disability benefits
...al improvement. We find no error in any other aspect of the order. Affirmed in part and reversed
in part. BOOTH, BENTON and PADOVANO, JJ., concur.


223-CITE: 695 So.2d 924 Daniel I. WINCOR, Appellant, v. CEDARS HEALTHCARE GROUP, LTD., d b a Cedars
Medical Center, Appellee.
TEXT: PARIENTE, Judge. The sole issue we address in this non-final appeal by appellant, Daniel
Win...f justice. See Tucker, 484 So.2d at 1372 n. 4. REVERSED AND REMANDED FOR PROCEEDINGS
CONSISTENT WITH THIS OPINION. SHAHOOD and GROSS, JJ., concur.


224-CITE: 524 So.2d 1117 Willie Bee DANIELS, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Judge. The appellant, Willie Bee Daniels, urges on appeal that his guidelines
scoresh...iminal transaction or episode. See, Florida Rules of Criminal Procedure Re Sentencing
Guidelines (Rules 3.701 and 3.988), 509 So.2d 1088 (Fla.1987).


225-CITE: 511 So.2d 747 Mildred A. SHORT and Harry L. Short, Petitioners, v. FLEETWOOD MOTOR HOMES OF
PENNSYLVANIA, INC., B & L Industries, Inc., and Holiday of Orlando, Inc., Respondents.
TEXT: DAUKSCH, Judge. This petition for writ of certiorari seeks review of an order compelling
pro...ourt takes from petitioners their right to seek review of the order. We are bound to deny the
writ. Writ denied. ORFINGER and COWART, JJ., concur.


226-CITE: 731 So.2d 158 James D. CRAWFORD, Appellant Cross-Appellee, v. Cynthia CRAWFORD, Appellee
Cross-Appellant.
TEXT: HARRIS, J. The issue in this case is whether a settlement received by the husband for
injuri...o reconsider all requested relief, including attorney s fees, in light of this opinion.
REVERSED and REMANDED. PETERSON and THOMPSON, JJ., concur.


227-CITE: 460 So.2d 580 INTERNATIONAL HARVESTER COMPANY, a corporation, Paul L. Rice, Ken Law and Mann
International, Inc., a corporation, Appellants, v. C. Rex MANN, Appellee.
TEXT: SHIVERS, Judge. Defendants appellants appeal an order denying their motion to dismiss for
la...pon which to base personal jurisdiction. Accordingly, the denial of appellant s motion to
dismiss is affirmed. WENTWORTH and NIMMONS, JJ., concur.


228-CITE: 693 So.2d 593 U.S. SECURITY INSURANCE COMPANY, Appellant, v. Floriselva SILVA, Appellee.
TEXT: SORONDO, Judge. The Appellant Defendant, U.S. Security, and the Appellee Plaintiff, Silva,
a...tended to protect insurers from those who would defraud them. Reversed and remanded with
instructions that final judgment be entered for appellant.


229-CITE: 640 So.2d 1160 Gerald Allen FULKROAD, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Chief Judge. Gerald Allen Fulkroad has appealed from the denial of his motion to
corr...exual penetration must receive the score indicated for penetration or slight injury,
regardless of whether there is evidence of any physical injury.


230-CITE: 716 So.2d 836 Victor Michael WALLER, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. Victor Waller appeals his conviction for aggravated battery with a
firearm....ly v. State, 701 So.2d 1253 (Fla. 5th DCA 1997); Brown v. State, 652 So.2d 488 (Fla. 5th
DCA 1995). AFFIRMED. GRIFFIN, C.J., and COBB, J., concur.


231-CITE: 454 So.2d 59 Ralph BRANSCOMB, Appellant, v. PLOOF TRUCK LINES, INC., a corporation, and
Carolina Freight Carriers Corp., a corporation, et al., Appellees.
TEXT: WENTWORTH, Judge. Branscomb seeks review of an order by which his motion for leave to file
a...tion for leave to amend was an abuse of discretion. Accordingly, the order is reversed and the
cause remanded. ERVIN, C.J., and BOOTH, J., concur.


232-CITE: 584 So.2d 104 David BRUNSWICK, Appellant, v. Gloria Katrina WASHER, a minor, by and through
her stepmother and next friend, Mary Ellen VALLETTA; and Mary Ellen Valletta, Appellees.
TEXT: FARMER, Judge. We affirm the final judgment upon the jury verdict in favor of the defendant
...laim against the stepmother for her own negligence. AFFIRMED IN PART AND REVERSED IN PART.
DOWNEY, J., and WALDEN, JAMES H., Senior Judge, concur.


233-CITE: 712 So.2d 1135 MIAMI STAGE LIGHTING, INC., a Florida corporation, and Gustavo Laureano,
Appellants, v. BUDGET RENT-A-CAR SYSTEMS, INC., a Delaware corporation, Appellee.
TEXT: SHEVIN, Judge. Miami Stage Lighting, Inc. [ Miami Stage ], and Gustavo Laureano appeal a
fin...STATUTE AND IN ACCORDANCE WITH THE LIMITS OF LIABILITY AS REQUIRED BY FLORIDA STATUTE
324.021(7). Interamerican, 615 So.2d at 245 (emphasis added).


234-CITE: 731 So.2d 806 Anthony R. MARTIN, Petitioner, v. John DOE Jane Roe Judges, Walter Colbath,
Circuit Court Of Palm Beach County, Respondents.
TEXT: PER CURIAM. Petitioner seeks certiorari review of a non-final order of the circuit court
sit...unsel claims. Petitioner having failed to show irreparable injury, we dismiss this petition
for certiorari. WARNER, FARMER and KLEIN, JJ., concur.


235-CITE: 579 So.2d 154 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Claudia BARTH,
Appellee.
TEXT: ANTOON, J., II, Associate Judge. On the afternoon of November 3, 1987, Claudia Barth
dropped...ately describing the required nexus between a personal injury and the use of the covered
vehicle which does not appear to be purely result oriented.


236-CITE: 740 So.2d 1233 Dominick DESIMONE, Appellant, v. OLD DOMINION INSURANCE COMPANY d b a The Fort
Lauderdale Inn, and Southern Inns Management, Inc., Appellees.
TEXT: PER CURIAM. Dominick Desimone, plaintiff below, appeals from the dismissal of his personal
i...findings justifying dismissal of appellant s action based on fraud. AFFIRMED. KLEIN, TAYLOR,
JJ., WHITE, ALICE BLACKWELL, Associate Judge, concur.


237-CITE: 620 So.2d 212 Ralph SPIVEY, Appellant, v. Edward L. TRADER, Appellee.
TEXT: PER CURIAM. The appellant, Ralph Spivey, is appealing a final summary judgment holding that
... POLEN, JJ., concur. ------------ (FN1) There is evidence in the record that Spivey s business
had several hundred thousand dollars of other assets.


238-CITE: 506 So.2d 1179 Carmen PADRON, Appellant, v. Michael DiPASQUALE, E.T. DiPasquale and S.
DiPasquale, Appellees.
TEXT: PER CURIAM. Reversed. The appellees sought and obtained a summary judgment against the
appel...bove recited circumstances, i.e. after the parties leaving the scene and returning; and I
agree that we should not consider causation until it does.


239-CITE: 679 So.2d 15 Ralph FILSAIME, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant, Ralph Filsaime, appeals his convictions and sentences for two
cou...d costs and conditions of probation, and remand for resentencing in accordance with this
opinion. RYDER, A.C.J., and FRANK and FULMER, JJ., concur.


240-CITE: 431 So.2d 713 John W. DANIELS, Appellant, v. FLORIDA PAROLE & PROBATION COMMISSION, Appellee.

TEXT: MILLS, Judge. Daniels seeks review of the Commission s order establishing his presumptive
pa...er, neither the use of a firearm nor great bodily injury are elements of attempted second
degree murder. Affirmed. BOOTH and SHIVERS, JJ., concur.


241-CITE: 585 So.2d 374 ST. PAUL FIRE & MARINE INSURANCE COMPANY, Appellant, v. NAPLES COMMUNITY
HOSPITAL, INC., Appellee.
TEXT: PATTERSON, Judge. St. Paul Fire & Marine Insurance Company (St. Paul) appeals from the
summa...llier. Accordingly, we reverse the summary judgment entered in favor of Naples. Reversed
and remanded. SCHOONOVER, C.J., and CAMPBELL, J., concur.


242-CITE: 635 So.2d 1019 Elizabeth Dorothy SMITH, Appellant, v. Patrick PERRY, Appellee.
TEXT: PER CURIAM. This case is before us on appeal from the trial court s order granting summary
j...JJ., concur. ------------ (FN1) Our holding, of course, in no way reflects our opinion of the
merits of Elizabeth s malpractice claim against Perry.


243-CITE: 577 So.2d 673 J.A. TAYLOR & ASSOCIATES, INC. and James C. Ashworth, Appellants, v. Tammy
BRANNEN, individually, and Bruce Brannen, her husband, Appellees.
TEXT: PER CURIAM. AFFIRMED. HERSEY, C.J., and POLEN, J., concur. WALDEN, JAMES H., Senior
Judge,... See White v. Acker, 155 So.2d 176 (1963); Ingle v. Cochran, 151 So.2d 63 (Fla. 1st DCA
1963); Bailey v. Sympson, 148 So.2d 729 (Fla. 3rd DCA 1963).


244-CITE: 559 So.2d 291 James Kelvin BLOCKER, Appellant, v. WJA REALTY LIMITED PARTNERSHIP, d b a Tampa
World Jai Alai, Appellee.
TEXT: LEHAN, Acting Chief Judge. In this personal injury action we affirm the trial court s
dismis...dealer knew was incompetent behind the wheel and who then injured plaintiff in automobile
accident). Affirmed. THREADGILL and PARKER, JJ., concur.


245-CITE: 632 So.2d 609 PROFESSIONAL TELEPHONE ANSWERING SERVICE, INC., Appellant, v. Valerie GROCE and
Mark Groce, her husband, Appellees.
TEXT: PER CURIAM. In this case we are called upon to determine whether, as a matter of law, an
emp...o reinstate PROTAS s affirmative defense of workers compensation immunity. PARKER, A.C.J.,
BLUE, J., and LUTEN, CLAIRE K., Associate Judge, concur.


246-CITE: 737 So.2d 1192 Eugene