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 KOLNICE, Appellant, v. FOUNTAINVIEW ASSOCIATION, INC. #2, a condominium,
Appellee.

TEXT: PER CURIAM. Eugene Kolnick appeals from the lower court s final summary judgment in favor
of...is correspondence was to get the health department to inspect the conditions in the apartment.
Accordingly, the final summary judgment is affirmed.


247-CITE: 573 So.2d 189 Jean A. PIERRE-LOUIS, Appellant, v. Margaret ALFRED, Appellee.
TEXT: PER CURIAM. Affirmed. See Helman v. Seaboard Coast Line R.R. Co., 349 So.2d 1187
(Fla.1977);...akita v. Rose, 547 So.2d 154 (Fla. 3d DCA 1989), rev. denied, 588 So.2d 19 (Fla.1990).
------------ (FN1) Unpaid medical expenses totalled $1800.00.


248-CITE: 513 So.2d 1345 CINCINNATI INSURANCE COMPANY, Petitioner, v. Ted MOFFETT and Betty Jean
Moffett, Husband and Wife, Respondents.

TEXT: ERVIN, Judge. Cincinnati Insurance Company (Cincinnati) has filed a petition for writ of
com...ition for writ of common law certiorari is GRANTED and the order denying Cincinnati s motion
to dismiss is QUASHED. MILLS and NIMMONS, JJ., concur.


249-CITE: 476 So.2d 496 Edith FEELEY, as Personal Representative of the Estate of Joseph Feeley,
Deceased, Appellant Cross-Appellee, v. Stephen LAGERGREN, M.D., et al., Appellees Cross-Appellants.

TEXT: COBB, Chief Judge. Plaintiff, Edith Feeley, appeals from a *497 non-final order (FN1) which
..., where the cause of action accrued, or where the property in litigation is located. This
section shall not apply to actions against nonresidents.


250-CITE: 475 So.2d 1300 CENTRAL CONCRETE CO., INC. and Risk Management Services, Inc., Appellant, v.
Rufus HARRIS, Appellee.

TEXT: SHIVERS, Judge. Employer Carrier, Central Concrete Co., Inc. Risk Management Services,
Inc.,...a. 1st DCA 1982), pet. for rev. den., 431 So.2d 989 (Fla.1983). AFFIRMED in part, REVERSED
in part, and REMANDED. SMITH and BARFIELD, JJ., concur.


251-CITE: 491 So.2d 1252 Terry L. RITTS, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Chief Judge. Terry Ritts was convicted of strong-arm robbery after snatching a
purse...ker at 825 (citing Hendrix v. State, 475 So.2d 1218 (Fla.1985)). Conviction affirmed;
sentence reversed and remanded. SCHEB and HALL, JJ., concur.


252-CITE: 655 So.2d 241 Veronica NEWKIRK, Appellant, v. Jeffrey L. HANNAH, Appellee.
TEXT: DELL, Chief Judge. Appellant contends the trial court erred when it failed to set off the
am...enter judgment for appellee in the amount of $1,146.22, exclusive of costs awarded below.
REVERSED and REMANDED. POLEN and STEVENSON, JJ., concur.


253-CITE: 717 So.2d 628 Peggy McCORMICK, as Personal Representative, Appellant, v. ESTATE OF Betty Jean
SMITH, Appellee.

TEXT: GRIFFIN, Chief Judge. This is the appeal of an order determining that the decedent s
husband... personal representative and the claimant will have to start over. AFFIRMED in part;
REVERSED in part; and REMANDED. COBB and ANTOON, JJ., concur.


254-CITE: 674 So.2d 761 Mikhail GOLDENBERG and Irena Goldenberg, Appellants, v. REGIONAL IMPORT AND
EXPORT TRUCKING CO., INC., a New Jersey Corporation, Karen Geiger, an individual, Jack Trammell, an
individual, d b a University at Sunrise Exxon and Brian Kolb, an individual, Appellees.

TEXT: PARIENTE, Judge. Appellants, Mikhail Goldenberg and Irena Goldenberg (plaintiffs), appeal
fr...f the motion for directed verdict. See Simpson v. Simpson, 232 So.2d 249 (Fla. 1st DCA 1970).
REVERSED and REMANDED. KLEIN and GROSS, JJ., concur.


255-CITE: 674 So.2d 940 AMERICAN AIRLINES and Alexsis, Appellants, v. Sheree Renee LeFEVERS, Appellee.
TEXT: DAVIS, Justice. American Airlines and Alexsis (E C) appeal an order of the Judge of
Compensa...la.L.Weekly D654, -- So.2d -- (Fla. 1st DCA March 13, 1996). Accordingly, the order of
the JCC is AFFIRMED. BARFIELD, C.J., and ERVIN, J., concur.


256-CITE: 701 So.2d 1192 Harry A. GAINES, Appellant, v. AMERISURE INSURANCE COMPANY, Appellee.
TEXT: NESBITT, Judge. Harry A. Gaines, plaintiff below, prevailed against his insurer, Amerisure
I... push-ups. Further, there was expert testimony that the injury incurred in the accident
accelerated the arthritic degeneration of Gaines s shoulder.


257-CITE: 555 So.2d 1250 INTERNATIONAL INSURANCE COMPANY, a foreign corporation, and Francesco
Garritano, Appellants, v. RYDER TRUCK RENTAL, INC., a Florida corporation, and Old Republic
Insurance Company, a foreign corporation, Appellees.

TEXT: BASKIN, Judge. International Insurance Company [IIC] and Francesco Garritano appeal the
entr...----- (FN1) The trial court declared that Ryder went further than required by having
Garritano sign the addendum and having his signature witnessed.


258-CITE: 634 So.2d 311 Kirk DEAL, Appellant, v. Howard Charles WILKINSON, Appellee.
TEXT: PER CURIAM. Appellant, Kirk Deal, appeals an order denying a motion for new trial in a
perso...medical expenses. In all other respects, the order under review is affirmed. Affirmed in
part; reversed in part, and remanded for entry of additur.


259-CITE: 557 So.2d 911 Thomas HOLMES, Appellant, v. REDLAND CONSTRUCTION COMPANY, a Florida
corporation, Miami-Dade Water and Sewer Authority, an agency of the State of Florida, and Homestead
Paving Company, a Florida Corporation, Appellees.

TEXT: PER CURIAM. Appellant, Thomas Holmes, appeals a final judgment in favor of appellees,
Redlan...520 So.2d 586 (Fla.1988). Having concluded that a third contention raised by Holmes is
without merit, the final judgment appealed from is affirmed.


260-CITE: 541 So.2d 1229 Paul HUMBERT, Appellant, v. Sophie ACKERMAN, Appellee.
TEXT: PER CURIAM. The appellant, Humbert, a defendant in a personal injury action, filed his
answe... have been granted. Accordingly, we reverse and remand to the trial court to vacate the
order of default and for further proceedings on the merits.


261-CITE: 435 So.2d 865 Howard HERRING, Appellant, v. The STATE of Florida, Appellee.
TEXT: JORGENSON, Judge. Howard Herring was charged in a multicount information and found guilty
by...ed to vacate the conviction and sentence entered upon Count VI of the information. Affirmed in
part, reversed in part and remanded with directions.


262-CITE: 458 So.2d 393 Betty LONG, Appellant, v. PUBLIX SUPER MARKETS, INC., Appellee.
TEXT: BARFIELD, Judge. In this appeal of a personal injury case the plaintiff, Betty Long, seeks
r...r damages is REVERSED and the case is REMANDED to the trial court for a new trial on total
compensatory damages. JOANOS and WIGGINTON, JJ., concur.


263-CITE: 678 So.2d 863 Andrew J. EVANS, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Andrew J. Evans appeals his judgment and sentence for false imprisonment and
... to modify those two conditions to comply with *865 the trial court s oral pronouncement in this
case. SCHOONOVER, A.C.J., and WHATLEY, J., concur.


264-CITE: 640 So.2d 234 UNDERWRITERS GUARANTEE INSURANCE COMPANY, Appellant, v. Stephen THERRIEN,
Appellee.

TEXT: FARMER, Judge. We reverse a declaratory judgment finding coverage in this dog bite case
unde... vehicle for some purpose and extends to any activity involved in the utilization of the
covered vehicle. REVERSED. WARNER and KLEIN, JJ., concur.


265-CITE: 630 So.2d 1136 Phyllis Kay TANNER, individually, and James R. Tanner, individually and as
Personal Representative of the Estate of Baby Boy Tanner, deceased, Appellants, v. Ellie M. HARTOG,
M.D., Alberto Duboy, M.D., Hartog and Duboy, P.A., and Lakeland Regional Medical Center, Appellees.

TEXT: PATTERSON, Judge. On remand from Tanner v. Hartog, 618 So.2d 177 (Fla.1993), we reverse the
...th of the fetus. See Stern v. Miller, 348 So.2d 303 (Fla.1977). Affirmed in part, and reversed
in part. RYDER, A.C.J., and ALTENBERND, J., concur.


266-CITE: 518 So.2d 989 WESTERN WORLD INSURANCE COMPANY, Appellant, v. Steven SIEGLE, a minor, by and
through Stephanie Siegle, his mother and next friend, and Stephanie Siegle, individually,
Christopher James, a minor, by and through David James and Judith E. James, parents and next
friends, and David James and Judith E. James, individually, and I.M. Shapiro Company, Inc.,
Appellees.

TEXT: PER CURIAM. We reverse the trial court s judgment which held that the appellant s policy
exc...d States Fidelity and Guaranty Co., 348 So.2d 379 (Fla. 2d DCA 1977). ANSTEAD and GLICKSTEIN,
JJ., and SALMON, MICHAEL H., Associate Judge, concur.


267-CITE: 528 So.2d 1329 Phillip HAMLIN, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a sentence. Appellant was convicted of leaving the
sc..., which he can do. Therefore, with or without the points for victim injury, the sentence will
be the same, and is a lawful sentence. I would affirm.


268-CITE: 507 So.2d 1178 Thomas P. MONDELLO and Mary C. Mondello, Appellants, v. LIBERTY MUTUAL
INSURANCE COMPANY, Appellee.

TEXT: HALL, Judge Appellants Thomas and Mary Mondello appeal a summary final judgment entered in
f...stant case. Therefore, the Mondellos cannot seek uninsured motorist benefits from Liberty
Mutual. Affirmed. RYDER, A.C.J., and LEHAN, J., concur.


269-CITE: 452 So.2d 547 THE FLORIDA BAR, Complainant, v. Lance E. WOOTEN, Respondent.
TEXT: PER CURIAM. This attorney discipline proceeding is before us on the complaint of The
Florida... in the amount of $695.31. is assessed against respondent. It is so ordered. ALDERMAN,
C.J., and OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.


270-CITE: 553 So.2d 1376 Ann Wright McMILLION and Walter McMillion, Appellants, v. James Daniel WHALEN
and Sunshine Office Supplies, Inc., Appellees.

TEXT: CAMPBELL, Chief Judge. Appellants in this appeal present the single question of whether the
... the plaintiff s medical evidence of permanent injury based on a reasonable degree of medical
probability. Affirmed. RYDER and LEHAN, JJ., concur.


271-CITE: 708 So.2d 678 Helen HUMPHRIES, Petitioner, v. SHUTTERHAUS-NU SASH, INC., and Charles Edwards,
Respondents.

TEXT: PER CURIAM. Helen Humphries, plaintiff in a personal injury lawsuit, petitions this court
fo...he petition, issue the writ, and quash the trial court s protective order. Certiorari granted.
BLUE, A.C.J., and GREEN and CASANUEVA, JJ., concur.


272-CITE: 755 So.2d 191 Eddie GOODMAN, Appellant, v. BFI OF FLORIDA, INC., and Risk Services, Inc.,
Appellees.

TEXT: PER CURIAM. Claimant, Eddie Goochnan, appeals an order of the judge of compensation claims
(...tion 440.09(1), Fla.Stat. (1997). REVERSED and REMANDED for further proceedings consistent with
this opinion. ERVIN, ALLEN and DAVIS, JJ., CONCUR.


273-CITE: 652 So.2d 370 STATE of Florida, Petitioner, v. Dennis MANCUSO, Respondent.
TEXT: HARDING, Justice. We have for review Mancuso v. State, 636 So.2d 753, 755 (Fla. 4th DCA
1994...l. We do not address the other issues raised by Mancuso. It is so ordered. GRIMES, C.J.,
and OVERTON, SHAW, KOGAN, WELLS and ANSTEAD, JJ., concur.


274-CITE: 612 So.2d 661 Norma STOVER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s convictions but reverse and remand on two sentencing
issue...d with directions that appellant s sentence be corrected in accord herewith. ANSTEAD,
WARNER, JJ., and OWEN, WILLIAM C., JR., Senior Judge, concur.


275-CITE: 576 So.2d 904 PUBLIX SUPERMARKETS, INC. and Hartford Insurance Group, Appellants, v. Kennedy
WALKER, Appellee.

TEXT: WIGGINTON, Judge. The order of the judge of compensation claims is AFFIRMED. The judge did
n...thereby entitling claimant to a fee under section 440.34(3)(c), Florida Statutes (1987).
AFFIRMED. SMITH, J., and WENTWORTH, Senior Judge, concur.


276-CITE: 667 So.2d 417 Diana SLADEK, individually and as parent of Tiffany Sladek, Charles Gifford,
Robert Morris and Robert Boyar, Appellants, v. Christine L. LAMBERTUS, as Personal Representative of
the Florida estate of Leonard M. Boyar, deceased, Appellee.

TEXT: PER CURIAM. After a nine day non-jury trial concerning claims by beneficiaries of
maladminis... Corp. v. Lantana Boatyard, 402 So.2d 507 (Fla. 4th DCA 1981). We therefore affirm the
final judgment. GLICKSTEIN, WARNER and SHAHOOD, JJ., concur.


277-CITE: 487 So.2d 1082 McCRORY STORES, INC., and National Union Fire Insurance Company, Appellants, v.
William CLEGHORN Administrator Ad Litem of The Estate of Charlotte V. Cleghorn, (FN*) Appellee.

TEXT: PER CURIAM. This is a consolidated appeal from two orders of the deputy, one awarding
claima...accident. Since I am unable to determine, as was the case in Singletary, that the second
injury was compensable, I would reverse the award of a fee.


278-CITE: 532 So.2d 1324 Jacob E. NELSON, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. Nelson appeals from the summary denial of his motion pursuant to Rule 3.850,
F...t, to conduct an evidentiary hearing on the issue. See Van Meter v. State, 527 So.2d 306 (Fla.
1st DCA 1988). SMITH, C.J., and NIMMONS, J., concur.


279-CITE: 635 So.2d 1085 Michael Anthony YOUNG, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The judgments and sentences are affirmed. We remand this case to the trial
court...ery, to reflect that this offense is a third-degree felony. Appellant need not be present at
resentencing. BOOTH, WEBSTER, and BENTON, JJ., concur.


280-CITE: 494 So.2d 253 The BISON COMPANY and Northbrook Indemnity, Appellants, v. Francis Edward
SHUBERT, Appellee.

TEXT: ERVIN, Judge. The employer carrier appeals from an order awarding temporary total
disability...ion 38.83(b), at 7-278 (1985). Since no evidence was presented in this regard, the
order on review is REVERSED. SHIVERS and THOMPSON, JJ., concur.


281-CITE: 477 So.2d 667 John LEVESQUE, Appellant, v. VOYAGER CASUALTY INSURANCE COMPANY and Florida
Insurance Guaranty Association, as the Statutory substitute for Voyager Casualty Insurance Company,
Appellees.

TEXT: PER CURIAM. From our review it is apparent that the trial court adjudicated insurance
covera...error having been demonstrated, the appealed judgment is AFFIRMED. GLICKSTEIN and WALDEN,
JJ., and OWEN, WILLIAM C., Jr., Associate Judge, concur.


282-CITE: 708 So.2d 1040 Mark WELLINGTON, Appellant, v. DEPARTMENT OF REVENUE on Behalf of Debra KOBER,
Appellee.

TEXT: KLEIN, Judge. Appellee Kober obtained a support judgment in Iowa for a child she alleged
she...f proving that the Iowa tribunal lacked personal jurisdiction over him. Section 88.6071(1)(a),
Fla.Stat. (1997). FARMER and STEVENSON, JJ., concur.


283-CITE: 513 So.2d 169 John C. HARRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a sentence in a murder case. The issue raised by
appe...he action of the trial court is based upon sound reasoning and is thus affirmed. AFFIRMED.
COWART, J., and BEVERLY, V.Q., Associate Judge, concur.


284-CITE: 541 So.2d 766 Steve McDONALD, Appellant, v. FLORIDA POWER CORPORATION, etc., Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a summary judgment in a personal injury case.
Appella...e agree. The summary judgment is reversed and this cause remanded. REVERSED and REMANDED.
GOSHORN, J., and CONRAD, R.F., Assosciate Judge, concur.


285-CITE: 459 So.2d 1180 Rosemary PRICE, James Stubbs and Julius Taylor, Appellants, v. METROPOLITAN
TRANSIT AGENCY, Metropolitan Dade County, a political subdivision of the State of Florida; and C.D.
Mosley, Appellees.

TEXT: PER CURIAM. Finding that the trial court abused its discretion in failing to grant a
continu...curity, Inc., 400 So.2d 110 (Fla. 3d DCA 1981); Sections 46.021, 734.101, Fla.Stat.
(1977); Fla.R.Civ.P. 1.260(a)(1), 1.440. Reversed and remanded.


286-CITE: 726 So.2d 320 UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. Metelit VILES, Appellee.
TEXT: PER CURIAM. Appellant, United Automobile Insurance Company ( United Auto ) appeals an order
...ount sought by Viles. For the reasons stated *322 above, we answer the certified question in the
affirmative, and affirm the order below. Affirmed.


287-CITE: 509 So.2d 1373 McLEAN FINANCIAL CORPORATION, et al., Appellants, v. WINSLOW LOUDERMILK
CORPORATION, etc., et al., Appellees.

TEXT: COWART, Judge. In McLean Savings and Loan Association v. Winslow Loudermilk Corporation,
469...rm statute and remand with instructions to dismiss the complaint as to appellants. REVERSED
and REMANDED. UPCHURCH, C.J., and DAUKSCH, J., concur.


288-CITE: 737 So.2d 600 AUTO OWNERS INSURANCE CO., Appellant, v. TRIPP CONSTRUCTION, INC., Appellee.
TEXT: PER CURIAM. The Opinion filed by this Court on June 9, 1999, is vacated and this Opinion is
... Summary Judgment filed by Auto Owners Insurance Company as to Phase One of the litigation.
Affirmed in part and reversed in part, with directions.


289-CITE: 477 So.2d 43 Cathryn HOFFMAN, Appellant, v. Richard B. BENNETT, Appellee.
TEXT: FERGUSON, Judge. Plaintiff, a young adult, was injured when seventeen-year-old Kevin Barber
...t was not a substantial factor in Hoffman s injury, and that Barber s acts superseded Bennett s
conduct as an abnormal intervening force. Affirmed.


290-CITE: 701 So.2d 1253 James Arron KELLY, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. James Aaron Kelly appeals his convictions and sentences for battery and
bur...la. 5th DCA 1995). In this case, the facts support the judge s assessment of points for victim
injury. AFFIRMED. W. SHARP and ANTOON, JJ., concur.


291-CITE: 520 So.2d 627 Norma H. POOLE, as personal representative of the Estate of Stanley Poole,
Appellant Cross-Appellee, v. TALLAHASSEE MEMORIAL HOSPITAL, MEDICAL CENTER, INC., a Florida
non-profit corporation, Appellee Cross-Appellant.

TEXT: ERVIN, Judge. Appellant, Norma H. Poole, as personal representative of the Estate of
Stanley...ons that appellant be awarded reasonable attorney s fees and costs only as to the count on
which she prevailed. SMITH, C.J., and BOOTH, J., concur.


292-CITE: 472 So.2d 1291 Nathaniel W. TINDALL, II, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: FRANK, Judge. The appellant, Tindall, was injured in an automobile accident at a time when
h...e of Tindall s refusal to submit to the examinations. Affirmed in part, reversed in part, and
remanded. SCHEB, A.C.J., and SCHOONOVER, J., concur.


293-CITE: 561 So.2d 438 Darryl A. RODWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Darryl Rodwell appeals his sentence, claiming that an erroneous addition of
poin... the robbery offense. A corrected scoresheet should be prepared. REVERSED and REMANDED for
resentencing. DAUKSCH, COBB, and W. SHARP, JJ., concur.


294-CITE: 595 So.2d 303 STATE FARM FIRE AND CASUALTY COMPANY, Petitioner, v. Gizela VON HOHENBERG and
Mario Sorrentino, her husband, Respondents.

TEXT: PER CURIAM. In the underlying action upon which this petition is based, petitioner sued her
...ourt s blanket discovery order, without prejudice to the right of respondents to make the showing
required by Florida Rule of Civil Procedure 1.280.


295-CITE: 481 So.2d 51 Mary G. DRINNENBERG, Tammy Drinnenberg, a minor, by and through her mother and
natural guardian, Mary G. Drinnenberg, and Morris Drinnenberg, Appellants, v. STATE of Florida,
DEPARTMENT OF TRANSPORTATION, Appellee.

TEXT: LEHAN, Judge. Plaintiffs in this personal injury case appeal from a summary judgment
granted...dingly, entry of summary judgment was erroneous. Reversed and remanded for proceedings
consistent herewith. DANAHY, A.C.J., and FRANK, J., concur.


296-CITE: 653 So.2d 1140 BAYFRONT MEDICAL CENTER and Commercial Risk Management, Appellants, v. Peter
HARDING, Appellee.

TEXT: WENTWORTH, Senior Judge. The Employer Servicing Agent seek review of the judge of
compensati... that Claimant s trip did not remove him from the course and scope of his employment,
the order appealed is affirmed. ALLEN and DAVIS, JJ., concur.


297-CITE: 573 So.2d 961 Myra MITCHELL and The Travelers Companies, Appellants, v. VALUE RENT-A-CAR,
INC., Appellee.

TEXT: PER CURIAM. Because we find that the notice provided by Value Rent-A-Car, Inc., the lessor,
...0 (Fla. ------------ (FN1) Appellants remaining point on appeal is without merit. *962 5th DCA
1989); Section 627.7263, Fla.Stat. (1987). Affirmed.


298-CITE: 636 So.2d 782 CONTINENTAL NATIONAL BANK, Appellant, v. Sara BRILL, Appellee.
TEXT: GERSTEN, Judge. Appellant, Continental National Bank, appeals an order denying the
appointme...--------- (FN1) Few, like Pygmalion, doat on lifeless charms, Or care to clasp a statue
in their arms. (S. Jenyns, Art of Dancing, canto i, 1728).


299-CITE: 656 So.2d 523 Willie GLASCO, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Glasco appeals from the summary denial of his motion filed pursuant to
Flor...was harmless. Harrelson v. State, 616 So.2d 128 (Fla. 2d DCA), rev. denied, 624 So.2d 268
(Fla.1993). AFFIRMED. GOSHORN and PETERSON, JJ., concur.


300-CITE: 492 So.2d 1044 Ernest William DAVIS, Appellant, v. PYROFAX GAS CORPORATION, etc., et al.,
Appellees.

TEXT: SHAW, Justice. This cause is before us on certificate from the United States Court of
Appeal...ida. The certified question is answered in the affirmative. It is so ordered. BOYD,
C.J., and ADKINS, OVERTON, McDONALD and EHRLICH, JJ., concur.


301-CITE: 709 So.2d 181 Lewis REYES, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, Judge. Lewis Reyes appeals his conviction and sentence for attempted sexual
batter...uld alter the recommended sentence, we remand for resenteneing. CONVICTION AFFIRMED,
SENTENCE VACATED, REMANDED. THOMPSON and ANTOON, JJ., concur.


302-CITE: 549 So.2d 697 In re ESTATE OF Morris J. OGLENSKY, Deceased.
TEXT: PER CURIAM. AFFIRMED. GUNTHER and WARNER, JJ., concur. ANSTEAD, J., dissents with
opinion....leadings directed to the Final Accounting or the Petition for Discharge shall begin to
run as of the date of the deposition which was July 23, 1987.


303-CITE: 695 So.2d 821 Terry CABEZAS, Appellant Cross Appellee, v. Zoraida DENNING, Appellee Cross
Appellant.

TEXT: PER CURIAM. In a negligence action, the jury found that the plaintiff did not suffer any
inj...05 So.2d 580 (Fla. 3d DCA 1992). In all other respects the judgment is affirmed. Affirmed in
part; reversed in part and remanded with instructions.


304-CITE: 524 So.2d 478 Beverly Ann SCHWANEBECK, et al., Appellants, v. Argimiro Eric CALZADO, et al.,
Appellees.

TEXT: PER CURIAM. The attorney appellee, Glassford, who had been retained under a contingency fee
...manded with directions. ------------ (FN1) In effect, the $20,000 fee, which was 40% of the
recovery, was split between Glassford and his successor.


305-CITE: 705 So.2d 914 Carol ROUNTREE and Carroll Rountree, Appellants, v. PROGRESSIVE INSURANCE
COMPANY, Appellee.

TEXT: PER CURIAM. AFFIRMED. DAUKSCH and W. SHARP, JJ., concur. HARRIS, J., dissents with
opinion...een the definitions of covered person and passenger creates sufficient ambiguity to
require the court to construe these competing policy provisions.


306-CITE: 740 So.2d 44 WEST POINT STEVENS and The Travelers Companies, Appellant, v. Margaret B. WASSON,
Appellee.

TEXT: PER CURIAM. We reverse the award of temporary partial disability benefits because there is
n...her work-related injury. See Vencor Hosp. v. Ahles, 727 So.2d 968, 23 Fla.L.Weekly D2733 (Fla.
1st DCA 1998). WOLF, KAHN and PADOVANO, JJ., CONCUR.


307-CITE: 591 So.2d 1026 Eileen M. BRAKE and Dennis L. Murphy, Jr., Appellants, v. Eve E. MURPHY,
Richard Murphy, and Herbert Stettin, as Successor Personal Representative of the Estate of Eileen
Ellis Murphy, Appellees.

TEXT: PER CURIAM. We conclude that no error has been demonstrated in the order under review save
f...tions to appoint Dennis Murphy, Jr., as the successor personal representative of the above
estate. Affirmed in part; reversed in part and remanded.


308-CITE: 492 So.2d 1373 PAN AMERICAN WORLD AIRWAYS and Travelers Insurance Company, Appellants, v.
Bonita WILMOT, Appellee.

TEXT: ERVIN, Judge. This is an appeal of an award of workers compensation benefits, based upon a
f...ing across a street to purchase a pack of cigarettes and the risk of fire while lighting a
cigarette. AFFIRMED. SHIVERS and THOMPSON, JJ., concur.


309-CITE: 496 So.2d 897 Robert Jewett FENNELL, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIMES, Judge. Appellant appeals his sentences resulting from convictions for first-degree
m...tten sentence for robbery did not precisely coincide with the sentence which was pronounced in
open court. DANAHY, C.J., and CAMPBELL, JJ., concur.


310-CITE: 463 So.2d 1229 Elena GONZALEZ and Francisco Gonzalez, her husband, Appellants, v. WESTINGHOUSE
ELECTRIC CORPORATION, Appellee.

TEXT: DELL, Judge. Appellants challenge the adequacy of a jury verdict in a personal injury
action...Accordingly, we reverse and remand this cause for a new trial on the issue of damages only.
REVERSED and REMANDED. HERSEY and WALDEN, JJ., concur.


311-CITE: 553 So.2d 239 Jeffrey Alan WEEKLEY, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant was accused of meeting a woman at a Miami Beach bar, forcing her
b...ed score sheet. Roberts v. State, 547 So.2d 129 (Fla.1989). Accordingly, defendant s sentence
is vacated and the case is remanded for resentencing.


312-CITE: 443 So.2d 295 Orlando BOQUETTE, Appellant, v. The STATE of Florida, Appellee.
TEXT: BASKIN, Judge. Finding no merit in appellant s contention that the trial court erred in
deny... to the maximum five year term permitted by statute. See Sections 794.011(5); 777.044(4)(c);
775.082(3)(d), Fla.Stat. (1981). Affirmed as modified.


313-CITE: 455 So.2d 466 DODGEN INDUSTRIES, INC., Appellant, v. Calvin COOK, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order awarding appellee indemnification
after...1980); Bradford White Corp. v. Aetna Ins. Co., 372 So.2d 994 (Fla. 3d DCA 1979). In the
present case the parties rely solely upon Section 48.181(1).


314-CITE: 597 So.2d 819 UNION AMERICAN INSURANCE COMPANY, etc., Appellant, v. Sila PEREZ, et al.,
Appellees.

TEXT: PER CURIAM. Union American Insurance Company appeals from a final judgment imposing
liabilit...6, (Fla. 3d 1992) (same). For the foregoing reasons, we reverse and remand to the trial
court for entry of a judgment consistent with this opinion.


315-CITE: 508 So.2d 570 Tony CAMERRON, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The state concedes error in the trial court s inclusion of victim injury points
...ant s remaining point lacks merit. Phillips v. State, 476 So.2d 194 (Fla.1985). Conviction
affirmed, sentence vacated, and remand for resentencing.


316-CITE: 637 So.2d 51 In re ESTATE OF Hazel Cooper CORBIN. Bill CORBIN, Sr., and Daulton Cooper,
Appellants, v. Betty Guy SHERMAN, Individually and as Personal Representative of the Estate of Hazel
Cooper Corbin, and James W. Cooper a k a Jimmy Cooper, Appellees.

TEXT: ALLEN, Judge. The appellants challenge an order of the trial court permitting the personal
r...e sale was either necessary or in the best interest of the estate. Accordingly, the order under
review is reversed. BOOTH and WEBSTER, JJ., concur.


317-CITE: 709 So.2d 603 The CITY OF POMPANO BEACH, Appellant, v. T.H.E. INSURANCE COMPANY, Appellee.
TEXT: KLEIN, Judge. The city contracted with a company called Pyrotechnic to do a Fourth of July
f...e estate of the shooter who was killed. They are not claims made by shooters. Affirmed in part
and reversed in part. POLEN and GROSS, JJ., concur.


318-CITE: 507 So.2d 749 W.K. FOURAKER, Appellant, v. Eleanor Theile CARTER, Appellee.
TEXT: ORFINGER, Judge. Fouraker appeals an order revoking Letters of Administration issued to him
... to her in obtaining her renunciation to serve as personal representative. The trial court did
not rule on this issue, so we do not consider it now.


319-CITE: 503 So.2d 434 Frank BYRD, Appellant, v. STATE of Florida, Appellee.
TEXT: WEBSTER, PETER D., Associate Judge. Appellant, defendant below, was convicted of robbery
and...r and convincing reason for departure). CONVICTION AFFIRMED; SENTENCE VACATED; and REMANDED
with directions. HERSEY, C.J., and WALDEN, J., concur.


320-CITE: 634 So.2d 697 Richard Alan GRENON, Appellant, v. CITY OF PALM HARBOR FIRE DISTRICT, et al.,
Appellees.

TEXT: PER CURIAM. In this worker s compensation appeal, claimant Richard Grenon appeals the order
...f well-worn mattress entitled to coverage because injury more likely to occur in truck rather
than at home under more suitable sleeping conditions).


321-CITE: 534 So.2d 1239 Thomas A. MORGAN, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Chief Judge. Morgan appeals his 24 month community control sentence on the ground
tha...d, it shall not be scored. (emphasis added) See Florida Rules of Criminal Procedure Re
Sentencing Guidelines, 509 So.2d 1088, 1089-1090 (Fla.1987).


322-CITE: 727 So.2d 996 STATE of Florida, Appellant Cross-Appellee, v. Gwendolyn BARBER, Appellee
Cross-Appellant.

TEXT: PER CURIAM. The State appeals Barber s sentence for DUI-serious bodily injury which omitted
... sentenced her to 13.6 months incarceration. Notwithstanding, the written sentence shows that
Barber was sentenced to 21.15 months of incarceration.


323-CITE: 571 So.2d 69 Charles Edward BURNARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. After a jury trial, appellant was found guilty of two counts of sexual battery
w...ut merit. AFFIRMED in part and reversed in part and remanded for proceedings consistent with
this opinion. SMITH, NIMMONS and ZEHMER, JJ., concur.


324-CITE: 467 So.2d 324 SOUTH CAROLINA INSURANCE COMPANY, Appellant, v. Ralph ARNOLD, Appellee.
TEXT: GRIMES, Judge. This case involves the question of whether an injured party s claim for
perso... of $5,373.12 in PIP benefits and prejudgment interest of $1,862.70. As amended, the
judgment is affirmed. RYDER, C.J., and SCHOONOVER, J., concur.


325-CITE: 599 So.2d 279 Mark LEWIS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant, Mark Lewis, appeals from a final judgment of conviction and
nine-...3.701(d)(7). Accordingly, while the judgment of conviction appealed from is affirmed, the
cause is remanded for resentencing within the guidelines.


326-CITE: 704 So.2d 600 KIMMINS RECYCLING CORP., Appellant, v. Phyllis ROGERS and Roy Rogers, her
husband, Appellees.

TEXT: STONE, Chief Judge. We reverse an order granting Plaintiff a new trial in this personal
inju...o permanent injury. Therefore, we reverse and remand for entry of a judgment in accordance
with the jury verdict. GUNTHER and FARMER, JJ., concur.


327-CITE: 530 So.2d 523 Eugenio RUBIER, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s conviction of second-degree murder (of Caceres),
attempted...(FN1) See Miller v. Florida, -- U.S. --, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987). (FN2)
Fla.R.Crim.P. 3.701(d)(7) (as amended effective July 1, 1985).


328-CITE: 610 So.2d 585 Miriam EGAN, Appellant, v. FLORIDA ATLANTIC UNIVERSITY and Division of Risk
Management, Appellees.

TEXT: ALLEN, Judge. In this workers compensation appeal the parties dispute the effect of an
amend...y, are not compensable. See City of Holmes Beach v. Grace, 598 So.2d 71 (Fla.1992). The
appealed order is affirmed. WOLF and WEBSTER, JJ., concur.


329-CITE: 512 So.2d 1131 Susan HILSBERG, Petitioner, v. Paul William POMPER, Respondent.
TEXT: PER CURIAM. This is a petition for writ of certiorari in which petitioner, a plaintiff in a
...r the plaintiff s motion in light of Bartell v. McCarrick, 498 So.2d 1378 (Fla. 4th DCA 1986).
HERSEY, C.J., and GLICKSTEIN and STONE, JJ., concur.


330-CITE: 753 So.2d 146 Juana GARRIGA, Appellant, v. Jorge Rolando GUERRA, Appellee.
TEXT: FLETCHER, Judge. Juana Garriga, the plaintiff below, appeals a final judgment in a personal
...2 (Fla.1996); Cook v. Eney, 277 So.2d 848 (Fla. 3d DCA 1973). But see State Farm Mutual Auto.
Ins. Co. v. Gordon, 712 So.2d 1138 (Fla. 3d DCA 1998).


331-CITE: 620 So.2d 161 SAFECARE HEALTH CORPORATION, Petitioner, v. Judith RIMER, etc., Respondent.
TEXT: HARDING, Justice. We have for review Rimer v. Safecare Health Corp., 591 So.2d 232 (Fla.
4th... disregard this fact and not consider it as a set-off would allow double recovery for the same
injury. I dissent. OVERTON and GRIMES, JJ., concur.


332-CITE: 614 So.2d 621 GULF AMERICAN SBL, INC., Appellant, v. Manuel GARCIA, Appellee.
TEXT: ALTENBERND, Judge. Gulf American SBL, Inc., appeals a summary final judgment of foreclosure
... Mr. Garcia was not entitled to summary judgment at this stage in the proceedings. Reversed and
remanded. DANAHY, A.C.J., and CAMPBELL J., concur.


333-CITE: 566 So.2d 897 EMPLOYER SERVICE CORP., and Fuchs Baking Co., Appellants, v. Patricia C.
SZLOSEK, spouse and personal representative of the Estate of Francis Szlosek, Beltran J. Pages,
M.D., Jess V. Cohen, M.D., P.J. Cohen, M.D., P.A., Psychological Medical Center Delray, Inc.,
Appellees.

TEXT: PER CURIAM. Some time after a work related injury, Mr. Szlosek committed suicide and his
wid...ver from the settlement proceeds the benefits they paid to the appellees. ANSTEAD and
GLICKSTEIN, JJ., and MARTIN D. KAHN, Associate Judge, concur.


334-CITE: 667 So.2d 971 Bryan SIRAVO, a Minor, By and Through his Parents and Natural Guardians, Robert
SIRAVO and Mauro Siravo, and Robert Siravo and Mauro Siravo, individually, Appellants, v. FLORIDA
BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, Appellee.

TEXT: PER CURIAM. Reversed on the authority of Bradford v. Florida Birth Related Neurological
Inju...ent for the same reasons I dissented in Bradford v. Florida Birth-Related Neurological Injury
Compensation Ass n, 667 So.2d 401 (Fla. 4th DCA 1995).


335-CITE: 532 So.2d 1344 In re the FORFEITURE OF ONE 1986 BLACK CHEVROLET PICK-UP TRUCK, MODEL CC30943,
FLORIDA REGISTRATION EG-8910, VIN NO. 1GCHC33W5GS138126, together with all tangible and intangible
personal property found therein.

TEXT: PER CURIAM. We affirm the final judgment of forfeiture. Although the instructions given to
t... So.2d 534 (Fla.1952). We find appellant s second point is without merit and does not warrant
discussion. DOWNEY, GLICKSTEIN and DELL, JJ., concur.


336-CITE: 663 So.2d 8 AETNA CASUALTY AND SURETY CO., a Connecticut corporation, Appellant, v. Jean H.
STOLL, Appellee.

TEXT: PER CURIAM. This cause is before us on appeal from a final judgment entered following a
dire...from the evidence which will support the non-moving party s position). REVERSED AND REMANDED
FOR NEW TRIAL. BOOTH, MINER and WEBSTER, JJ., concur.


337-CITE: 724 So.2d 599 Randall HOWARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Randall Howard challenges the order of the trial court denying his motion for
po...rmine whether victim injury points were properly assessed. Under these circumstances we do not
believe the preservation issue needs to be addressed.


338-CITE: 675 So.2d 625 Shawn GEARY, Appellant, v. STATE of Florida, Appellee.
TEXT: FULMER, Judge. The defendant appeals his convictions and sentences for second degree grand
t...ing in accordance with this opinion. Affirmed in part, reversed in part and remanded for
resentencing. DANAHY, A.C.J., and ALTENBERND, J., concur.


339-CITE: 578 So.2d 900 Ferdinand MOSHER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s conviction, but we do so without prejudice to appellant
to...(Fla. 4th DCA 1989). Accordingly, we remand for resentencing. AFFIRMED IN PART; REVERSED IN
PART and REMANDED. LETTS, DELL and STONE, JJ., concur.


340-CITE: 710 So.2d 1044 Douglas M. GUETZLOE, Appellant, v. Carl W. HARTLEY, Jr., et al., Appellees.
TEXT: PETERSON, Judge. Douglas M. Guetzloe appeals a final surnmary judgment for unpaid legal
fees... their right to claim the additional contingency fee. The appellees are seeking only their
fee for hourly compensation which Guetzloe agreed to pay.


341-CITE: 651 So.2d 220 In re ESTATE OF Richard Roy YEREX, Deceased. Mark Pixley YEREX, Personal
Representative of the Estate of Richard Roy Yerex, Appellant, v. Sally J. DURZO, as surviving spouse
of Richard Roy Yerex, and Quarles & Brady, Appellees.

TEXT: PER CURIAM. These are three consolidated appeals: CASE NO. 93-2897 The personal
representa...ns, the trial court did not err in striking the personal representative s request for
injunctive relief. HERSEY, GLICKSTEIN and POLEN, JJ., concur.


342-CITE: 625 So.2d 141 Laney LEVINE-BRITT, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, Appellee.

TEXT: PER CURIAM. We affirm the trial court s determination that appellant unreasonably refused
to...ng in connection with a physical examination conducted pursuant to Section 627.736(7),
Fla.Stat, as these issues were not raised in the trial court.


343-CITE: 571 So.2d 80 John CAREY, Appellant, v. ENTERPRISE PLUMBING CORPORATION, Appellee.
TEXT: PER CURIAM. We reverse a judgment, entered on a directed verdict in favor of the defendant
p...easily removed. E.g., Crislip v. Holland, 401 So.2d 1115 (Fla. 4th DCA), rev. denied, 411 So.2d
380 (1981). ANSTEAD, STONE and WARNER, JJ., concur.


344-CITE: 686 So.2d 662 Thomas Pearson DUCKETT, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Thomas Pearson Duckett, Jr., appeals his convictions and sentences for five
c...r these crimes. Otherwise, we affirm the judgments and sentences. Reversed in part; affirmed in
part. THREADGILL, C.J., and PATTERSON, J., concur.


345-CITE: 477 So.2d 60 Bobby C. SIMMONS, Appellant, v. FAIRCHILD INDUSTRIES & Zurich American Insurance
Company, Appellees.

TEXT: MILLS, Judge. Simmons appeals from an order of the Deputy Commissioner finding that he
suffe...he injury to his back. The conclusion of the deputy is supported by competent substantial
evidence and we affirm. SMITH and THOMPSON, JJ., concur.


346-CITE: 475 So.2d 1000 Scott Alan BENEDICT, Appellant, v. STATE of Florida, Appellee.
TEXT: UPCHURCH, Judge. Benedict appeals from a guidelines sentence for the offense of leaving the
...N1) For example, the driver who caused the accident could be the injured person and if the
non-negligent driver left the scene, he could be charged.


347-CITE: 661 So.2d 849 Carmen and George BOMBALIER, individually and as Personal Representatives of the
Estate of Christian Bombalier, Appellants, v. LIFEMARK HOSPITAL OF FLORIDA, d b a Palmetto General
Hospital, Appellee.

TEXT: Corrected Opinion PER CURIAM. On motion for clarification, the previous opinion of this
cou...ance a rejection and by entering summary judgment in favor of Palmetto. We reverse and remand
for further proceedings consistent with this opinion.


348-CITE: 548 So.2d 205 LEON COUNTY SCHOOL BOARD, et al., Petitioners, v. Thelma J. GRIMES, Respondent.

TEXT: OVERTON, Justice. We have for review Grimes v. Leon County School Board, 518 So.2d 327
(Fla....ally contributed to the risk of her injury . . . . Grimes v. Leon County School Board, 518
So.2d 327, 329 (Fla. 1st DCA 1987). KOGAN, J., concurs.


349-CITE: 546 So.2d 78 Robert A. LAFAVE, Appellant, v. BAY CONSOLIDATED DISTRIBUTORS, Fireman s Fund
Insurance Co., and Kemper Insurance Co., Appellees.

TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which a claim
for...ations to deny the claim for benefits for the 1981 back injury, and the cause is remanded for
further proceedings. JOANOS and NIMMONS, JJ., concur.


350-CITE: 512 So.2d 181 Charles Peter VANTASSELL, Petitioner, v. STATE of Florida, Respondent.
TEXT: BARKETT, Justice. We have for review VanTassell v. State, 498 So.2d 649 (Fla. 1st DCA
1986),...e trial court for resentencing within the guidelines. It is so ordered. McDONALD, C.J.,
and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.


351-CITE: 564 So.2d 249 Dwayne McLEOD, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Judge. Appellant had pleaded guilty to attempted sexual battery and was placed on
f...n the proper scoring of victim injury. REVERSED and REMANDED for proceedings consistent with
this opinion. DANIEL, C.J., and W. SHARP, J., concur.


352-CITE: 745 So.2d 1085 Jay A. WEINSTEIN, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, J. When the court sentenced defendant, now more than 7 years ago, on a nolo
contende...ry duplicated the restitution. We therefore reverse and remand for an evidentiary
hearing to address these issues. GUNTHER and KLEIN, JJ., concur.


353-CITE: 550 So.2d 560 In re ESTATE OF Ruth H. DOYLE, Deceased. James S. DOYLE, Appellant, v. NCNB
NATIONAL BANK, as Personal Representative of the Estate of Ruth H. Doyle, Deceased, Appellee.

TEXT: PER CURIAM. Appellant challenges an order entered on his objection to the petition for
disch... those fees at this time. That issue may also be presented again on any further appeal.
Affirmed. CAMPBELL, C.J., and LEHAN and HALL, JJ., concur.


354-CITE: 733 So.2d 591 The STATE of Florida, Appellant, v. Erol VURAL, Appellee.
TEXT: PER CURIAM. This is the second time this case presents itself before this Court. See Vural
v... imposed or whether a greater sentence should be imposed as a result of the additional victim
injury points. Reversed and remanded with directions.


355-CITE: 614 So.2d 498 Denise ALVARADO, Petitioner, v. Martin M. RICE, et al., Respondents.
TEXT: HARDING, Justice. We have for review Alvarado v. Rice, 594 So.2d 867 (Fla. 4th DCA 1992),
in...aintiff. Accordingly, we approve the decision below. It is so ordered. BARKETT, C.J., and
OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.


356-CITE: 695 So.2d 942 Melissa Schwey MATTEK, Appellant, v. Sheryl B. WHITE, Appellee.
TEXT: KLEIN, Judge. A jury found that appellant plaintiff had no permanent injury resulting from
a...ries of harmless error on appeal are likely to fall on deaf ears. We therefore reverse and
remand for a new trial. WARNER and SHAHOOD, JJ., concur.


357-CITE: 473 So.2d 829 HOLLY HILL FRUIT PRODUCTS, INC., Whiting National Services, Inc., Appellants, v.
Robert G. KRIDER, Appellee.

TEXT: WENTWORTH, Judge. Employer carrier seek review of a workers compensation order by which
clai...off-premises trip did not remove him from the course and scope of his employment. The order
appealed is affirmed. NIMMONS and ZEHMER, JJ., concur.


358-CITE: 648 So.2d 796 Jeremy SHEETS, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. After the appellant was found guilty on eight counts of
burglary...rglary. For the foregoing reasons we strike from the restitution order the words Crimes
Compensation Fund. SCHOONOVER and ALTENBERND, JJ., concur.


359-CITE: 717 So.2d 569 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Julie
KLINGLESMITH, Appellee.

TEXT: THOMPSON, Judge. State Farm Mutual Automobile Insurance Company ( State Farm ) appeals a
fin...s Pizzarelli issue should be, and it now appears that it will be, resolved by the supreme
court. Oral argument is currently set for October 5, 1998.


360-CITE: 541 So.2d 1339 Thelma ANDERSON, Appellant, v. SeaESCAPE LIMITED, INC., Appellee.
TEXT: ALTENBERND, Judge. The plaintiff appeals a final summary judgment in favor of SeaEscape
whic...ctually contained a one-year limitation period. Reversed and remanded for proceedings
consistent herewith. CAMPBELL, C.J., and PARKER, J., concur.


361-CITE: 432 So.2d 675 Allen L. HARVELL, Jr., Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, etc., Appellees.

TEXT: DAUKSCH, Judge. This is an appeal from a summary judgment in a personal injury case arising
... DCA 1982). Thus it was error to decide a disputed material issue of fact by summary judgment.
REVERSED and REMANDED. COBB and SHARP, JJ., concur.


362-CITE: 671 So.2d 872 Erwin FORMAN and Pilar B. Forman, his wife, Appellants, v. Charles WALLSHEIN,
Appellee.

TEXT: COPE, Judge. Erwin Forman and Pilar B. Forman appeal a final judgment after a jury verdict
i...ling we do not mean to preclude a trial court from taking a stricter view, sustaining the
objection, and directing counsel to rephrase the argument.


363-CITE: 649 So.2d 904 Euyvondia GADDIS, Appellant, v. ALLIED PLASTICS, Appellee.
TEXT: ERVIN, Judge. Claimant, Euyvondia Gaddis, appeals from a final workers compensation order
in...y came into contact with Gaddis s back, were inside the steam room where Gaddis was working.
REVERSED and REMANDED. JOANOS and MINER, JJ., concur.


364-CITE: 549 So.2d 1200 LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. Joshua MILLER, M.D., Appellee.

TEXT: PER CURIAM. Liberty Mutual Insurance Company (Liberty Mutual) appeals a final declaratory
ju...ation and this court concluded that Aetna s policy did not afford such coverage. Aetna Cas. and
Sur. Co. v. Miller, 550 So.2d 29 (Fla. 3d DCA 1989).


365-CITE: 448 So.2d 1181 BANKERS INSURANCE COMPANY, Appellant, v. Luis SOSA, Appellee.
TEXT: ON MOTION FOR REHEARING GRANTED NESBITT, Judge. The sole issue for our resolution is
wheth...y that Sosa told him he had other coverage available, if true, would have allowed Lopez to
issue a policy with a deductible. Reversed and remanded.


366-CITE: 635 So.2d 1073 Willie James MITCHELL, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Senior Judge. Willie James Mitchell has appealed from a sentence imposed after
rema...everse and remand for resentencing, at which time the state may adduce evidence of actual
physical injury. KAHN, J., concurs. BOOTH, J., dissents.


367-CITE: 538 So.2d 125 E.B. ROOD and David B. Webster, formerly known as Rood & Webster, Appellants
Cross-Appellees, v. J. Gary McMAKIN, Appellee Cross-Appellant.

TEXT: PATTERSON, Judge. E.B. Rood and David B. Webster appeal from a final judgment awarding J.
Ga...vidence on the issue of joint and several liability. AFFIRMED IN PART, REVERSED IN PART, AND
REMANDED. SCHOONOVER, A.C.J., and PARKER, J., concur.


368-CITE: 721 So.2d 1264 Janet Peavy STONE, As Personal Representative, Appellant, v. Paulette HARRIS d
b a Harris Appliance, etc., Appellee.

TEXT: PER CURIAM. Janet Peavy Stone, as personal representative of the estate of Calvin R. Stone,
... Harris motion. Becton v. K & L Contractors, Inc., 573 So.2d 428 (Fla. 5th DCA 1991). APPEAL
DISMISSED. GOSHORN, PETERSON and ANTOON, JJ., concur.


369-CITE: 563 So.2d 176 Donald GRAY, Appellant, v. MAJOR RENT-A-CAR, INC., etc., Appellee.
TEXT: DANIEL, Chief Judge. Donald Gray appeals a final summary judgment in favor of Major
Rent-A-C...So.2d 1287 (Fla.1985); Holler Rental Company v. Marsh, 488 So.2d 553 (Fla. 5th DCA 1986).
REVERSED and REMANDED. DAUKSCH and GRIFFIN, JJ., concur.


370-CITE: 684 So.2d 208 FORTUNE INSURANCE COMPANY, Appellant, v. U.S.A. DIAGNOSTICS, INC., Appellee.
TEXT: PER CURIAM. We reverse an order denying Fortune Insurance Company s motion to compel
arbitra...and for further proceedings. DELL, STONE and FARMER, JJ., concur. ------------ (FN1) USA
bases its claim on an assignment from a PIP policy holder.


371-CITE: 436 So.2d 222 Eddie W. HIGGINS, Appellant, v. TRIGIL REPAIR, INC., and Risk Management
Services, Inc., Appellees.

TEXT: ZEHMER, Judge. This appeal by the claimant questions when a misrepresentation on the
claiman...cal condition from the first back injury and his second back injury. Reversed and
remanded. ROBERT P. SMITH, Jr., C.J., and WENTWORTH, J., concur.


372-CITE: 738 So.2d 1023 Angel COLON, Appellant, v. STATE of Florida, Appellee.
TEXT: ROTHSCHILD, RONALD J., Associate Judge. We affirm appellant s conviction for two counts of
d...lly de minimis. See Sanders v. State, 621 So.2d 723, 728 (Fla. 5th DCA 1993). Affirmed in part;
reversed in part. SHAHOOD and TAYLOR, JJ., concur.


373-CITE: 675 So.2d 639 Carol MANGOLD, as Personal Representative of the Estate of William Mangold and
Individually as Claimant, Appellant, v. RAINFOREST GOLF SPORTS CENTER and Executive Risk
Consultants, Inc., Appellees.

TEXT: SHIVERS, Senior Judge. Appellant has filed a motion for rehearing and certification of
quest... and substantial evidence in the record to support the JCC s determination, we AFFIRM the
order under review. BARFIELD, C.J., and KAHN, J., concur.


374-CITE: 699 So.2d 850 Les A. KUSHNER, as Co-Personal Representative of the Estate of Siegbert Daniel,
Appellant, v. ENGELBERG, CANTOR & LEONE, P.A., Appellee.

TEXT: PER CURIAM. The appellant, personal representative of the estate, challenges an award of
att.... The parties have conceded that the trial court may make this determination based on the
existing record. WARNER, KLEIN and PARIENTE, JJ., concur.


375-CITE: 441 So.2d 161 SOUTH SHORE HOSPITAL and Hartford Accident and Indemnity Company, Appellants, v.
William EASTON, M.D., and Argonaut Insurance Company, Appellees.

TEXT: BASKIN, Judge. Loretha Barnes died during an operation at South Shore Hospital. Personal
rep...amount paid in a settlement which is in excess of what was reasonable. Reversed and remanded
for further proceedings consistent with this opinion.


376-CITE: 478 So.2d 528 William KRAMER, as Personal Representative of the Estate of James J. Kramer,
Appellant, v. Helen SULLINS, C.E. Sullins and Christine Sullins, Appellees. William KRAMER, as
Personal Representative of the Estate of James J. Kramer, Appellant, v. BARNETT BANK OF SOUTH
FLORIDA, N.A., Appellee.

TEXT: PER CURIAM. We reverse the award of attorney s fees entered in favor of Barnett Bank of
Sout...2d 203 (Fla. 4th DCA 1984). We affirm in all other respects. Affirmed in part; reversed in
part. HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.


377-CITE: 672 So.2d 629 Andrea BRYANT, Appellant, v. DAVID LAWRENCE MENTAL HEALTH CENTER and Florida
Workers Compensation Fund, Appellees.

TEXT: DAVIS, Judge. The claimant, Andrea Bryant, suffered a knee injury while engaged in the
dutie... of Compensation Claims erred in ruling that this injury was not compensable. Accordingly,
we REVERSE and REMAND. BARFIELD and ALLEN, JJ., concur.


378-CITE: 511 So.2d 992 AETNA LIFE & CASUALTY COMPANY, etc., Petitioner, v. THERM-O-DISC, INC.,
Respondent.

TEXT: GRIMES, Justice. We review Aetna Life & Casualty Company v. Therm-O-Disc, Inc., 488 So.2d
83... necessary to obtain jurisdiction over nonresidents. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, BARKETT and KOGAN, JJ., concur.


379-CITE: 521 So.2d 251 Michael F. HUBER and Kathleen Huber, Husband and Wife, Appellants, v. BASIC
CHEMICAL SERVICES, INC., Appellee.

TEXT: WIGGINTON, Judge. Appellants appeal a final summary judgment entered in favor of appellee.
W...those questions is a matter for the trier of fact. Therefore, summary judgment was improper in
this case. REVERSED. BOOTH and ZEHMER, JJ., concur.


380-CITE: 566 So.2d 344 John R. WEEKS and Steven Weeks, Appellants, v. Richard KLIMAS and Shari Klimas,
Appellees.

TEXT: CAMPBELL, Acting Chief Judge. This appeal concerns a dispute as to which party should pay
th...eal and direct an entry of judgment for appellants for this taxable cost. Reversed and
remanded with directions. FRANK and PATTERSON, JJ., concur.


381-CITE: 434 So.2d 976 Chester HIGGINS, Appellant, v. Dr. Wesley JOHNSON, Appellee.
TEXT: OTT, Chief Judge. In the trial of this malpractice action, the trial court erroneously
refus...ng loss, injury or damage was a reasonably foreseeable consequence of the negligence and
the negligence contributes substantially to producing it.


382-CITE: 575 So.2d 736 Mark GORDON, Appellant, v. STATE of Florida, Appellee.
TEXT: GARRETT, Judge. This is a consolidated appeal of appellant s convictions and sentences. The
...1) The omitted language was not scored over--the editorial means used to indicate deletion.
Weekley v. State, 553 So.2d 239, 240 (Fla. 3d DCA 1989).


383-CITE: 651 So.2d 131 Eldon August DIMITROFF, Lorraine Catherine Dimitroff and David Dimitroff,
Appellants, v. The Honorable Peter J.T. TAYLOR, Judge of the Circuit Court of the Thirteenth
Judicial Circuit, in and for Hillsborough County, Appellee.

TEXT: QUINCE, Judge. The Dimitroffs appeal the trial court s denial of their petition for family
a...the petition for family administration and remand for further proceedings not inconsistent with
this opinion. PARKER, A.C.J., and BLUE, J., concur.


384-CITE: 681 So.2d 799 Helen OLSON, Appellant Cross-Appellee, v. N. COLE CONSTRUCTION, INC., a
corporation, and or E.H. Hughes Co., Inc., a Corporation, d b a Hughes Cole Joint Venture, Appellee
Cross-Appellant.

TEXT: WHATLEY, Judge. Helen Olson appeals the trial court s calculation of the damages she should
...alculation of damages is concerned and remand for entry of a total damages award to Olson of
$13,421.80. PATTERSON, A.C.J., and QUINCE, J., Concur.


385-CITE: 582 So.2d 178 TEXTRON FINANCIAL CORPORATION, etc., et al., Appellants, v. Sylvia ALEXANDER
etc., et al., Appellees.

TEXTRON FINANCIAL CORPORATION, etc., et al., Appellants, v. Sylvia ALEXANDER etc., et al.,
Appellees...ule. Kiser v. Jones, 488 So.2d 554 (Fla. 3d DCA 1986), and cases cited. Accordingly,
this court is without jurisdiction and the appeal is dismissed.


386-CITE: 718 So.2d 887 Eleanor R. BERG, Appellant, v. Dawn Butler STURGEON, Appellee.
TEXT: OWEN, WILLIAM C., Jr., Senior Judge. Before the jury s verdict was recorded and the jury
dis...tions should they be so advised. See Howard v. Perez, 707 So.2d 845 (Fla. 2d DCA 1998).
REVERSED AND REMANDED. STONE, C.J., and GROSS, J., concur.


387-CITE: 565 So.2d 401 Charles J. WADSWORTH, Appellant, v. TAMPA CATHOLIC HIGH SCHOOL and Cigna,
Appellees.

TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which the judge
o...zation and subsequent psychiatric disability. Reversed and remanded for further proceedings
consistent herewith. ERVIN and WIGGINTON, JJ., concur.


388-CITE: 707 So.2d 890 ZODIAC ENTERPRISES, LTD., Appellant, v. Darcey JONES, Appellee.
TEXT: PETERSON, Judge. Zodiac Enterprises, Ltd. ( Zodiac ), a foreign corporation located in Hong
...eged defective products for consumption within Florida in the ordinary course of commerce, trade
or use. See Section 48.193(1)(f)2, Fla.Stat. (1995)


389-CITE: 636 So.2d 753 Dennis MANCUSO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse appellant s conviction for leaving the scene of an accident which
kil... (FN3) California, also, does not have a statutory requirement of willfulness but still
requires an instruction on constructive knowledge of injury.


390-CITE: 600 So.2d 1256 Roberta SANCHEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Judge. We have for review two sentencing issues raised by Roberta Sanchez who pled
no...nd for further proceedings consistent with this opinion. Affirmed in part, reversed in part
and remanded. SCHOONOVER, C.J., and LEHAN, J., concur.


391-CITE: 467 So.2d 828 Louise DANKENBRING, Appellant, v. Raynor FITZHUGH and Jane Fitzhugh, Husband and
Wife, and Harold Hughes and Janice Hughes, Husband and Wife, d b a R.D. and C. Construction,
Appellees.

TEXT: PER CURIAM. Appellant appeals the summary judgment entered against her in her personal
injur...rice, 396 So.2d 258 (Fla. 1st DCA 1981); Ayala v. Fields, 390 So.2d 166 (Fla. 5th DCA 1980).
OTT, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.


392-CITE: 474 So.2d 346 Joseph L. BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of judgments of conviction and sentences imposed
fo...ant s sentence for the offense of armed robbery with a firearm is vacated and the cause
remanded for resentencing. ERVIN and BARFIELD, JJ., concur.


393-CITE: 697 So.2d 178 Audrey Gillis READON, Appellant, v. Mirtha Kim LIM, Appellee.
TEXT: PER CURIAM. In this case arising out of an automobile accident, the defendant, Audrey
Gillis...t consistent with this opinion. ------------ (FN1) This includes the plaintiff s $2,000
deductible. See Hannah v. Newkirk, 675 So.2d 112 (Fla.1996).


394-CITE: 430 So.2d 953 CERTIFIED GROCERS and Corporate Group Service, Inc., Appellants, v. Ronald OPEL,
Appellee.

TEXT: MILLS, Judge. The employer carrier in this workers compensation case seeks review of the
dep...ders Opel s entitlement to TTD benefits for the period from March 1981 through July 1981.
REVERSED and REMANDED. JOANOS and THOMPSON, JJ., concur.


395-CITE: 447 So.2d 369 Susie O QUINN, Appellant, v. SEIBELS, BRUCE & COMPANY, a South Carolina
corporation, Appellee.

TEXT: ERVIN, Chief Judge. Appellant, O Quinn, appeals a final summary judgment entered in favor
of...n following the accident of February 1981. Because summary judgment was therefore premature the
judgment is REVERSED. BOOTH & ZEHMER, JJ., concur.


396-CITE: 706 So.2d 60 Carla M. BARBERENA and Miguel Barberena, Appellants, v. William GONZALEZ and
Guillermo Gonzalez, Appellees.

TEXT: GODERICH, Judge. The plaintiffs, Carla and Miguel Barberena, appeal from a final judgment
an...intiffs motion for additur and or new trial. Affirmed, in part; reversed, in part, and
remanded for entry of judgment consistent with this opinion.


397-CITE: 474 So.2d 396 A.R.A. SERVICES, INC. and Ground Services, Inc., Appellants, v. PAN AMERICAN
WORLD AIRWAYS, INC., a Delaware corporation licensed to do business in the State of Florida, as the
successor in interest to National Air Lines, Inc., a Florida corporation, Appellee.

TEXT: FERGUSON, Judge. The main question presented by this appeal was answered by the Florida
Supr...----- (FN2) A jury found plaintiff Pan Am fifty-five percent negligent. Prejudgment interest
calculated by the trial judge was fixed at $161,102.57.


398-CITE: 559 So.2d 106 Ricky Lee SWANK and Elaine Swank, husband and wife, Appellants, v. Leo W.
SCHRADER and Cean G. Schrader, husband and wife, Appellees.

TEXT: PER CURIAM. In the trial of this personal injury action, the court admitted into evidence a
...se is reversed and remanded for proceedings consistent herewith. Reversed and remanded. PARKER,
A.C.J., and PATTERSON and ALTENBERND, JJ., concur.


399-CITE: 737 So.2d 574 BUDGET RENT-A-CAR SYSTEMS, INC., Appellant, v. Joseph CASTELLANO, Patricia
Castellano, Jerry Ken Mock, Urey Burrell, and Amica Mutual Insurance Company, a foreign corporation
authorized to do business in the State of Florida, Appellees.

TEXT: POLEN, J. Budget Rent-A-Car Systems, Inc. ( Budget ) appeals from a final judgment in a
pers...dget notes that Argonaut was not a personal injury case, its principles regarding awards of
prejudgment interest apply in personal injury cases. Id.


400-CITE: 732 So.2d 393 WINN DIXIE and Sedgwick, Appellants, v. Erika CAMPBELL, Appellee.
TEXT: PER CURIAM. The Judge of Compensation Claims (JCC) adjudicated appellee Erika Campbell
perma...nd past work experience. 20 CFR, *394 Section 404.1520(f). This is what appellee did in this
case. AFFIRMED. WOLF, KAHN and PADOVANO, JJ., CONCUR.


401-CITE: 705 So.2d 686 Irwin J. DINN, Individually and as Trustee, and Janet F. Reid, Appellants, v.
Barbara HAYNES, Appellee.

TEXT: ON MOTION FOR REHEARING KLEIN, Judge. We withdraw our opinion filed on July 2, 1997 and
sub...3 (1993). The minority view, that these can be tort actions, is set forth in Summers v. Hagen,
852 P.2d 1165 (Alaska 1993), and cases cited therein.


402-CITE: 687 So.2d 1323 CITY OF LAKELAND and Alexsis Risk Management, Appellants, v. Kenneth SCHIEL,
Appellee.

TEXT: KAHN, Judge. Appellants City of Lakeland and Alexsis Risk Management challenge a final
order...t. D.C. Moore & Sons v. Wadkins, 568 So.2d 998 (Fla. 1st DCA 1990) Accordingly, we REVERSE
the final order. BARFIELD, C.J., and DAVIS, J., concur.


403-CITE: 537 So.2d 1134 ANDREW H. BOROS, P.A., Appellant, v. ARNOLD P. CARTER, M.D., P.A., Appellee.
TEXT: BASKIN, Judge. Andrew Boros, an attorney, appeals a final judgment awarding damages to
psych...here may be circumstances where the attorney is the principal. In that case, the attorney
must expressly disclaim responsibility to avoid liability.


404-CITE: 592 So.2d 801 AGS COMPUTER SERVICES, INC., d b a AGS Information Services, Inc., a New York
corporation Appellant, v. Jesus RODRIGUEZ, Appellee.

TEXT: PER CURIAM. AGS Computer Services, Inc. [hereinafter AGS] appeals the trial court s
non-fina...rreparable injury entitling it to enforcement of the covenant in this case. Therefore, we
affirm. AFFIRMED. ANSTEAD, LETTS and POLEN, JJ., concur.


405-CITE: 678 So.2d 366 Patricia Wonder CALVANESO, Petitioner, v. William B. NEAL, Respondent.
TEXT: PER CURIAM. In this pending personal injury action, Patricia Wonder Calvaneso, a resident
of...Youngblood v. Michaud, 593 So.2d 568 (Fla. 4th DCA 1992); Fla.R.Civ.P. 1.410(d)(2). PETITION
GRANTED. COBB, SHARP, W.J. and THOMPSON, JJ., concur.


406-CITE: 601 So.2d 624 HILLSBOROUGH COUNTY SCHOOL BOARD, et al., Appellants, v. Sharon WILLIAMS,
Appellee.

TEXT: WIGGINTON, Judge. The workers compensation order under review was entered on remand from
thi...So.2d 34 (Fla. 1st DCA 1982). Consequently, the order finding compensability and awarding
benefits is hereby REVERSED. ERVIN and KAHN, JJ., concur.


407-CITE: 587 So.2d 620 Eddie Lee HINES, Sr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant challenges his convictions and sentences for multiple counts of
sexual...on of the scoresheet to score victim injury only once according to its cumulative severity.
SCHOONOVER, C.J., and CAMPBELL and PARKER, JJ., concur.


408-CITE: 578 So.2d 342 Clifford L. KELLY, Appellant, v. STATE of Florida, Appellee.
TEXT: WOLF, Judge. Kelly appeals from a final order denying his rule 3.800(a), Florida Rules of
Cr...ment, appellant agreed to a score of 200 points for victim injury. Hall v. State, 511 So.2d 676
(Fla. 1st DCA 1987). BOOTH and ZEHMER, JJ., concur.


409-CITE: 673 So.2d 503 STANDARD FISH COMPANY, LTD., Appellant, v. 7337 DOUGLAS ENTERPRISES, INC.,
Appellee.

TEXT: GERSTEN, Judge. Appellant, Standard Fish Co., Ltd. ( Standard ), appeals an order granting
s... 3d DCA), rev. denied, 453 So.2d 45 (Fla.1984); American Universal Ins. Group v. General Motors
Corp., 578 So.2d 451 (Fla. 1st DCA 1981). Affirmed.


410-CITE: 520 So.2d 622 Ronald H. THOMAS, and Jeanette Thomas, Appellants, v. Edith GOTTLIEB and Geico,
Appellees.

TEXT: OWEN, WILLIAM C., Jr. (Retired), Associate Judge. A vehicle operated by Mrs. Gottlieb
struck...estions relating to the seat belt issue, as suggested by the verdict form attached to model
charge No. 1a of the Florida Standard Jury Instructions.


411-CITE: 642 So.2d 27 SPRINGTREE COUNTRY CLUB PLAZA, LTD., Petitioner, v. Suzanne BLAUT and Milton
BLAUT, Respondents.

TEXT: PER CURIAM. We grant this petition for writ of certiorari and quash the trial court s order
... respondent Milton Blaut and his firm from further representation in the underlying personal
injury lawsuit. GUNTHER, POLEN and KLEIN, JJ., concur.


412-CITE: 598 So.2d 299 FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, Appellant,
v. Maria Theodora CARRERAS, a minor and Flor Carreras, Appellees.

TEXT: PER CURIAM. Appellant seeks review of an order entered by a judge of compensation claims (
J...erred to the Third District. APPEAL IS HEREBY TRANSFERRED TO THE THIRD DISTRICT COURT OF
APPEAL. JOANOS, C.J., and ALLEN and WEBSTER, JJ., concur.


413-CITE: 475 So.2d 678 THE FLORIDA BAR, Complainant, v. Richard Ellis GENTRY, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding by The Florida Bar against Richard Ellis Gentry, a
...by entered against respondent, for which sum let execution issue. It is so ordered. ADKINS, and
ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.


414-CITE: 608 So.2d 927 Frank FAZZOLARI, Appellant, v. The CITY OF WEST PALM BEACH, Appellee.
TEXT: DIMITROULEAS, WILLIAM P., Associate Judge. This is an appeal from a final judgment entered
o...n and suffering. I would remand for a new trial solely on the issues of damages. Watson v.
Builders Square, Inc., 563 So.2d 721 (Fla. 4th DCA 1990).


415-CITE: 645 So.2d 16 Wesley JOHNSON, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Appellee.

TEXT: KLEIN, Judge. Plaintiff appeals a final declaratory judgment determining that his PIP
covera...994, to clarify or correct is hereby denied; further, ORDERED that appellee s motion filed
October 6, 1994, for rehearing en banc is hereby denied.


416-CITE: 470 So.2d 718 Emelia SANTIAGOHERRERA, Appellant, v. Harvey R. STOUT and Consolidated American
Insurance Company, a foreign corporation, Appellees.

TEXT: SHARP, Judge. Santiagoherrera appeals from a final summary judgment denying her right to
rec...st 27, 1984, is denied. See Section 627.428, Florida Statutes (1983); Gutman v. American
Motorists Insurance Co., 410 So.2d 1001 (Fla. 3d DCA 1982).


417-CITE: 696 So.2d 953 Roxann LYND, Petitioner, v. The DISTRICT BOARD OF TRUSTEES OF BROWARD COMMUNITY
COLLEGE, FLORIDA, Respondent.

TEXT: PER CURIAM. Petitioner, plaintiff in a personal injury action below, seeks certiorari
review...he trial court from requiring the expert to disclose information as permitted by rule
1.280(b)(4)(A)(iii). DELL, PARIENTE and SHAHOOD, JJ., concur.


418-CITE: 751 So.2d 726 Rafael ZUR and Aztec Capital Corp., Appellants, v. AIR ORLANDO SALES, INC.,
etc., Appellee.

TEXT: PETERSON, J. Rafael Zur and Aztec Capital Corporation (collectively, Aztec ), appeal the
den...8 instructions to transfer this cause to the circuit court in Broward County, Florida.
REVERSED AND REMANDED. ANTOON, C.J. and HARRIS, J., concur.


419-CITE: 561 So.2d 30 Moulton KEANE, M.D., Petitioner, v. The Honorable Robert L. ANDREWS, Respondent.

TEXT: PER CURIAM. This petition for writ of prohibition seeks issuance of a writ of prohibition
ba...y the petition, and certify the same question presented therein, as one of great public
importance. DENIED. LETTS, WALDEN and WARNER, JJ., concur.


420-CITE: 620 So.2d 798 WINN DIXIE STORES, INC., a Florida corporation, Appellant, v. Bernard F. PARKS
and A. Gayle Parks Gunn, as Personal Representatives of the Estate of Jerome F. Parks, Deceased,
Appellees.

TEXT: STONE, Judge. We reverse an order denying Appellant s motion for summary judgment. That
orde...oyer. We can discern no material issue of fact on this record. On remand, judgment is to be
entered for appellant. ANSTEAD and KLEIN, JJ., concur.


421-CITE: 558 So.2d 108 Harold DELONG, Appellant, v. 3015 WEST CORPORATION, and Rockwood Insurance
Company, Appellees.

TEXT: ERVIN, Judge. In this workers compensation appeal, claimant, who was rendered permanently
*1...ted lawn care service, the claim for this benefit was properly denied. ------------ (FN1) See
Sections 440.13(1)(c), 440.13(2)(a), Fla.Stat. (1983).


422-CITE: 581 So.2d 181 Aquilla MCFARLIN, Appellant, v. JACK ECKERD CORPORATION, a foreign corporation,
Appellee.

TEXT: PER CURIAM. An Eckerd pharmacist negligently filed McFarlin s eye drop prescription with an
...ntral Taxi Serv., Inc. v. Greenberg, 418 So.2d 333 (Fla. 3d DCA 1982). Affirmed in part,
reversed in part, and remanded for a new trial on damages.


423-CITE: 488 So.2d 554 William Kenneth KISER and Carolina Freight Corporation, Appellants, v. Ernest
JONES, Appellee.

TEXT: SCWARTZ, Chief Judge. The defendants below in a personal injury action seek review of a
non-....1984); Dawer v. Freed, 444 So.2d 1012 (Fla. 3d DCa 1984). Accordingly, this court is without
jurisdiction and the appeal, sua sponte, is dismissed.


424-CITE: 493 So.2d 85 Ramon NORTHCUT, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. Appellant was convicted of 1) manslaughter with a firearm, 2) improper
exhibi...ines as interpreted in this opinion. REVERSED AND REMANDED, with directions. GLICKSTEIN,
J., and WETHERINGTON, GERALD T., Associate Judge, concur.


425-CITE: 440 So.2d 1319 Dalia SHEFER, Appellant, v. Izhar SHEFER, Appellee.
TEXT: PER CURIAM. In a dissolution proceeding, the wife challenges the constructive service of
pro... (Anstead, J., specially concurring). Section 49.021 may be utilized only where, as here,
personal service of process cannot be obtained. Affirmed.


426-CITE: 648 So.2d 821 INDIANA INSURANCE COMPANY, Appellant, v. Leon Lazaro MIGUELARCAINA, etc., et
al., Appellees.

TEXT: PER CURIAM. The defendant below, Indiana Insurance Company [Indiana], appeals from a final
j...ar. Ass n v. Giordano, 485 So.2d 453 (Fla. 3d DCA 1986). In view of the foregoing, we affirm
the final judgment entered in its totality. Affirmed.


427-CITE: 752 So.2d 716 RUSSO & BAKER, P.A., Appellant, v. Marlene A. FERNANDEZ and Ileana Guaida,
Appellees.

TEXT: PER CURIAM. This is an appeal from a final order awarding attorneys fees and costs pursuant
...so clarify the application of sections 733.106 and 733.609, Florida Statutes (1995), to any award
of fees made in this case. Reversed and remanded.


428-CITE: 435 So.2d 985 CITY OF HALLANDALE, Appellant, v. Isa Lee AROSE, Appellee.
TEXT: HERSEY, Judge. This appeal arises from a final judgment in a negligence action for personal
... reverse the award of interest and costs and affirm the judgment of $50,000. REVERSED IN PART
and AFFIRMED IN PART. LETTS and WALDEN, JJ., concur.


429-CITE: 712 So.2d 1233 KLOSTER CRUISE LINES, d b a Norwegian Caribbean Cruises, Appellant, v. Paterio
TAAY, Appellee.

TEXT: LEVY, Judge. A cruise line appeals from a final judgment entered against it in connection
wi...mployee s claims other than the retaliatory discharge claim. See Air Florida Inc. v. Hobbs, 477
So.2d 40 (Fla. 3d DCA 1985). Reversed and remanded.


430-CITE: 465 So.2d 1307 Sheri Jackson SALLADE and Dennis Sallade, Appellants, v. COLONIAL INSURANCE
COMPANY OF CALIFORNIA, Appellee.

TEXT: SHIVERS, Judge. Appellants, plaintiffs in the proceedings below, appeal from a final
summary...d motorist coverage must be knowingly made, becomes moot. Accordingly, the judgment of
the lower court is AFFIRMED. BOOTH and ZEHMER, JJ., concur.


431-CITE: 597 So.2d 959 William E. SHEARER, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The trial court entered an order denying the appellant s petition for the
relea... release of personal property is reversed and the cause remanded for further proceedings.
REVERSED AND REMANDED. HARRIS and PETERSON, JJ., concur.


432-CITE: 543 So.2d 302 Richard POPOVICH, Appellant, v. OVERLAND TRANSPORT and INA AETNA, Appellees.
TEXT: WIGGINTON, Judge. Appellant appeals the deputy commissioner s denial of his claim against
ap...r entry of an order awarding appellant an additional $4,420.80 payment from appellee. REVERSED
and REMANDED. SMITH, C.J., and SHIVERS, J., concur.


433-CITE: 492 So.2d 1171 Eddie Louis WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Judge. Williams appeals his sentence after pleading nolo contendere to two counts of
... a vague and undefinable and hardly qualifiable reason should not be a basis for departure. I
would quash the sentence and remand for resentencing.


434-CITE: 544 So.2d 282 William PATCHIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from a sentence entered pursuant to a plea to attempted
sexual...endant may be resentenced as to restitution, fees and costs. In all other respects it is
affirmed. HERSEY, C.J., and STONE and WARNER, JJ., concur.


435-CITE: 549 So.2d 719 Luie HOLLAND and Joann Holland, husband and wife, Appellants, v. GOLDCO, INC.,
an Alabama corporation, Appellee.

TEXT: PER CURIAM. Appellants, the plaintiffs in a personal injury suit arising out of a slip and
f...e wet condition of the restaurant floor. Wills v. Sears, Roebuck & Co., 351 So.2d 29 (Fla.1977).
REVERSED. SMITH, THOMPSON and MINER, JJ., concur.


436-CITE: 483 So.2d 778 Bennie Lee WILLINGHAM, Appellant, v. TRAVELERS INSURANCE COMPANY, a foreign
corporation, Appellee.

TEXT: FERGUSON, Judge. Plaintiff made a claim for benefits against his employer s policy, issued
b...e supra note 2. (FN5) This holding would moot any issue as to whether the plaintiff was required
to maintain his own PIP coverage. See Bartoszewicz.


437-CITE: 692 So.2d 230 STATE of Florida DEPARTMENT OF AGRICULTURE and Florida Department of Insurance
Bureau of State Employees Workers Compensation Claims, Appellants, v. Donald L. ALLEN, Appellee.

TEXT: BARFIELD, Chief Judge. In this workers compensation order, the judge of compensation claims
... AWW is therefore REVERSED and the case is REMANDED to the JCC for further proceedings consistent
with this opinion. ERVIN and BENTON, JJ., concur.


438-CITE: 589 So.2d 459 Ronald HOGAN, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. Hogan pled nolo contendere to two counts of battery on a law enforcement
office...1991). Accordingly, we reverse the sentence imposed below and remand for resentencing.
REVERSED AND REMANDED. GRIFFIN and DIAMANTIS, JJ., concur.


439-CITE: 634 So.2d 325 GOLD COAST MEDICAL GROUP and Cigna Insurance Companies, Appellants, v. Dennis J.
FASANO, Appellee.

TEXT: PER CURIAM. We are asked to review a final order of a Judge of Compensation Claims (JCC)
fin...osed untimeliness of the notice to controvert must be reversed. AFFIRMED in part, REVERSED in
part. ZEHMER, C.J. and KAHN and BENTON, JJ., concur.


440-CITE: 622 So.2d 120 Mack Charles MOORE, Appellant, v. WILLIAMS COMPANY and Feisco, Appellees.
TEXT: ALLEN, Judge. The claimant appeals a workers compensation order in which the
misrepresentati... should not have denied the claim on this basis. The appealed order is therefore
reversed, and the cause is remanded. BOOTH and MINER, JJ., concur.


441-CITE: 648 So.2d 245 Hitesh PANCHAL, Appellant, v. Diane Marie ETHEN and Carnival Cruise Lines, Inc.,
a Panamanian corporation, Appellees.

TEXT: GUNTHER, Judge. Appellant, Hitesh Panchal, defendant below (Defendant), appeals a trial
cour...his case is reversed and remanded for further proceedings consistent with this opinion.
REVERSED AND REMANDED. GLICKSTEIN and WARNER, JJ., concur.


442-CITE: 516 So.2d 330 Bill MACKEY, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Bill Mackey appeals the final judgment and sentence for his conviction of
lew...ment is made, we find that Barrentine controls and therefore we affirm appellant s conviction
and sentence. SMITH, C.J., and WENTWORTH, J., concur.


443-CITE: 559 So.2d 367 Margarita ESCOBAR, Appellant, v. ECONOMY AWNING COMPANY, Appellee.
TEXT: WENTWORTH, Judge. Claimant appeals a workers compensation order by which it was determined
t... to establish a basis for modification under the statute. The order appealed is reversed and
the cause remanded. ERVIN and WIGGINTON, JJ., concur.


444-CITE: 516 So.2d 335 Austin Page IVEY, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Before us is an appeal from a guidelines sentence imposed pursuant to a
pl...S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), are followed. Cf. Thompson v. State, 483 So.2d 1
(Fla. 2d DCA 1985). BOOTH and THOMPSON, JJ., concur.


445-CITE: 434 So.2d 1015 AMICA MUTUAL INSURANCE COMPANY, etc., Appellant, v. Marie F. GIFFORD, etc., et
al., Appellees.

TEXT: COWART, Judge. This case involves the validity in Florida of a subrogation lien contained
in...o be used in tort cases. The significant relationships test is described in the Restatement
(Second) of Conflict of Laws, Sections 6, 145-46 (1971).


446-CITE: 629 So.2d 955 Emilus FENELON, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. Defendant was charged with one count of sexual activity with a child by a
per...ctim physically injured during a criminal episode or transaction, and for each count resulting
in such injury whether there are one or more victims.


447-CITE: 639 So.2d 115 Sherri HILSMAN and Charles Hilsman, Appellants Cross-Appellees, v. WINN DIXIE
STORES, INC., Appellee Cross-Appellant.

TEXT: GUNTHER, Judge. Sherri and Charles Hilsman appeal the final judgment entered following a
jur... and remand for a new trial because the trial court s instruction on damages was misleading.
REVERSED AND REMANDED. HERSEY and KLEIN, JJ., concur.


448-CITE: 578 So.2d 316 Claire FRECHTER, Appellant, v. K MART CORPORATION, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiff Claire Frechter from an adverse final
summary...da Power & Light Co., 147 Fla. 589, 3 So.2d 335 (1941) (minor chest contusion known at the
time of release; heart damage later develops). Affirmed.


449-CITE: 438 So.2d 123 The HORSE HAVEN and Liberty Mutual Insurance Company, v. Robert WILLIT,
Appellee.

TEXT: JOANOS, Judge. In this workers compensation case, the Horse Haven and its carrier, Liberty
M... award of attorney s fees is also reversed and remanded for further consideration. REVERSED and
REMANDED. LARRY G. SMITH and NIMMONS, JJ., concur.


450-CITE: 536 So.2d 1089 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Russell JOHNSON,
Appellee.

TEXT: DELL, Judge. Appellee suffered personal injuries while riding as a passenger in an
uninsured... 516 (Fla.1978) and Quanstrom v. Standard Guaranty Insurance Company, 504 So.2d 1295
(Fla. 5th DCA 1987). AFFIRMED. WALDEN and STONE, JJ., concur.


451-CITE: 497 So.2d 671 Joseph G. CORTEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant appeals his sentence resulting from a conviction for aggravated child
...(Fla.1985). Accordingly, we affirm appellant s conviction but reverse and remand for
resentencing. GRIMES, A.C.J., and RYDER and HALL, JJ., concur.


452-CITE: 569 So.2d 493 Russell HANSTEIN, Appellant, v. CITY OF FT. LAUDERDALE, Appellee.
TEXT: PER CURIAM. Claimant appeals a workers compensation order by which a claim for benefits was
...der the Florida Workers Compensation Law. The order appealed is reversed and the cause remanded.
SHIVERS, C.J., and BOOTH and ZEHMER, JJ., concur.


453-CITE: 452 So.2d 659 William J. GOLDWORN and Hall and Hauser, P.A, Appellants, v. The ESTATE OF
Frederick B. DAY, Appellee.

TEXT: SCOTT, ROBERT C., Associate Judge. Appellant, a co-personal representative of decedent s
est...1). Appellant s claim for attorney s fees based upon section 57.105, Florida Statutes
(Supp.1978) is without merit. The judgment below is affirmed.


454-CITE: 441 So.2d 175 STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. Reinaldo OLIVERAS, Appellee.

TEXT: GLICKSTEIN, Judge. This is an appeal from a final declaratory judgment. We reverse and
reman... sand. HURLEY and WALDEN, JJ., concur. ------------ (FN2) See also Wommack v. United States
Fire Insurance Company, 323 F.Supp. 981 (W.D.Ark.1971).


455-CITE: 723 So.2d 318 Guillermo Alfonso ROJAS, Appellant, v. Elaine Kauschinger ROJAS, Appellee.
TEXT: PER CURIAM. Guillermo Alfonso Rojas appeals two nonfinal orders in this dissolution of
marri...luding the contention that personal jurisdiction was established for purposes of child
custody pursuant to section 61.1312, Florida Statutes (1997).


456-CITE: 649 So.2d 902 Maurice BURROWS, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Senior Judge. Maurice Burrows appeals an order of the circuit court summarily
denyi...d at 680. Accordingly, we vacate the sentence imposed and remand for resentencing based
upon a corrected scoresheet. MINER and ALLEN, JJ., concur.


457-CITE: 508 So.2d 755 Peter SCHRAFFA, Appellant, v. STATE of Florida, Appellee.
TEXT: GLICKSTEIN, Judge. Peter Schraffa was charged by information with two criminal acts: count
I...ingly, the trial court, on remand, may consider whether departure should be ordered. Chaplin,
490 So.2d at 53 n. 1. LETTS and GUNTHER, JJ., concur.


458-CITE: 471 So.2d 644 George W. POHLMAN and Lucy Pohlman, Appellants, v. FIREMAN S FUND INSURANCE
COMPANY, Sheila Fuerst, Compar Enterprises, Inc., d b a Commercial Insurance Agency, a dissolved
Florida corporation, through its directors and statutory trustee, Richard Rathbun, and International
Insurance Company, an Illinois corporation, Appellees.

TEXT: PER CURIAM. The trial court entered summary final judgment for the defendants declaring
that... October 1, 1980, constituted the issuance of a new policy which incorporated the statutory
amendment to Section 627.4132 effective October 1, 1980.


459-CITE: 481 So.2d 986 John Charles HUNTER, Appellant, v. The CHALLENGE MACHINERY COMPANY, and Superior
Industries International, Inc., Appellees.

TEXT: SHARP, Judge. Hunter appeals from a dismissal of his complaint for lack of personal
jurisdic...ed upon section 48.193(1)(f)2, Florida Statutes (1981) and not section 48.181. AFFIRMED.
DAUKSCH, J., and BOARDMAN, E.F., Associate Judge, concur.


460-CITE: 699 So.2d 857 Daniel MEDBERRY, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The defendant appeals from his convictions and sentences for three counts of
fi...97). AFFIRMED IN PART; JUDGMENT REVERSED FOR CORRECTION; SENTENCES VACATED AND CAUSE REMANDED
FOR RESENTENCING. DAUKSCH and W. SHARP, JJ., concur.


461-CITE: 708 So.2d 650 Leta LOUISO, Appellant, v. Walter Daniel MCAULIFFE, Appellee.
TEXT: BLUE, Judge. Leta Louiso seeks a new trial as relief from the final judgment in her
personal...new trial pretrial order should be available to the fact finder. Reversed and remanded
for a new trial. PATTERSON, A.C.J., and FULMER, J., concur.


462-CITE: 549 So.2d 678 THE CITY OF HAINES CITY, a political subdivision of the State of Florida,
Appellant, v. William ALLEN and Margaret Allen, his wife; the Personal Representative of the Estate
of John Guthrie, Deceased; the Personal Representative of the Estate of Robert Nivens, Deceased; and
the Personal Representative of the Estate of Ray Auer, Deceased; and Robert Lewis Miller, Jr.,
Appellees. Arlene AUER, as Personal Representative of the Estate of Ray Auer, Deceased, and Joan
Nivens, as Personal Representative of the Estate of Robert Nivens, Deceased, Cross-Appellants, v.
THE CITY OF HAINES CITY, a political subdivision of the State of Florida, Cross-Appellee.

TEXT: PER CURIAM. The appellees recovered judgments against the City of Haines City in varying
amo...m the final judgments herein. The cross-appeals are rendered moot by this decision.
Affirmed. SCHEB, A.C.J., and HALL, and PATTERSON, JJ., concur.


463-CITE: 492 So.2d 1157 Marvin SCHAFFER, Judy Schaffer and Allstate Insurance Company, Appellants, v.
Francisco PULIDO and Ada Pulido as natural guardians of Frank Pulido, a minor, Appellees.

TEXT: PER CURIAM. The defendants Marvin and Judy Schaffer and their insurer Allstate Insurance
Com...trial is reversed and the cause is remanded to the trial court with directions to enter
judgment on the jury verdict herein. Reversed and remanded.


464-CITE: 742 So.2d 817 Thomas Henry SPIOCH, III, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, J. Thomas Henry Spioch, III, appeals his sentence, contending that the court
erred...ting Spioch s sentence, the trial court will include counts 22 and 23 on the scoresheet.
REVERSED and REMANDED W. SHARP and PETERSON, JJ., concur.


465-CITE: 442 So.2d 1037 Francisco MONZON, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant appeals the final order placing him on probation for five years with
a...277 So.2d 533 (Fla.1973), cert. denied, 414 U.S. 1024, 94 S.Ct. 449, 38 L.Ed.2d 316 (1973). The
order appealed is, accordingly, affirmed. Affirmed.


466-CITE: 618 So.2d 307 Hallegere (Hall) MURTHY, etc., Appellants, v. N. SINHA CORP., etc., et al.,
Appellees.

TEXT: PER CURIAM. Hallegere and Myetraie Murthy (owners) appeal from a final order dismissing
thei...e a private cause of action against the individual qualifier for a corporation acting as a
general contractor? Affirmed in part; reversed in part.


467-CITE: 660 So.2d 1061 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Linda Sue ORR and
Stephen Orr, her husband, Appellees.

TEXT: OWEN, WILLIAM C., Jr., Senior Judge. Linda Sue Orr, alleging permanent injury from an
automo...ose issues. For reasons stated above, we think this case is clearly within that category,
and affirm. AFFIRMED. FARMER and STEVENSON, JJ., concur.


468-CITE: 528 So.2d 522 Johnny Lee RUSSELL, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Johnny Lee Russell appeals his conviction for attempted armed robbery. We only
...it may be scored regardless of whether it is an element of the crime for which the appellant has
been convicted. Ch. 87-110, Section 1, Laws of Fla.


469-CITE: 461 So.2d 1038 The EDWARD B. FREEMAN CO., Petitioner, v. Roxine FAGEN, Daniel Fagen, her
husband; Marine Warehouse, Inc., and Aetna Insurance Company, Respondents.

TEXT: PER CURIAM. By petition for writ of certiorari petitioners ask this court to review the
tria...thority of Equifax Corporation v. Cooper, 380 So.2d 514 (Fla. 5th DCA 1980), and Fla.R.Civ.P.
1.280(b)(1). HERSEY, HURLEY and BARKETT, JJ., concur.


470-CITE: 434 So.2d 1009 CITY OF MIAMI, Appellant, v. Duane GRAY, Appellee.
TEXT: JOANOS, Judge. This is a workers compensation case in which the City of Miami (City)
appeals...der is REVERSED in part, AFFIRMED in part and REMANDED for redetermination of appropriate
attorney s fees. LARRY G. SMITH and NIMMONS, JJ., concur.


471-CITE: 543 So.2d 874 ALLSTATE INSURANCE COMPANY, Appellant, v. Linda EDENFIELD, Appellee.
TEXT: PER CURIAM. REVERSED. We believe the trial court abused its discretion in ordering a new
tri...ier of fact, should be permitted to resolve the issue. McNair v. Davis, 518 So.2d 416 (Fla. 2d
DCA 1988). ANSTEAD, WALDEN and GUNTHER, JJ., concur.


472-CITE: 744 So.2d 1169 Karen M. MUSIC and Kenneth J. Music, Individually and as Parents and Next
Friends of April Music, a minor, Appellants, v. John L. HEBB, Jr., as Personal Representative of the
Estate of John L. Hebb, Sr., Deceased, Appellee. Karen M. Music and Kenneth J. Music, Individually
and as Parents and Next Friends of April Music, a minor, Appellants Cross-Appellees, v. John L.
Hebb, Jr., as Personal Representative of the Estate of John L. Hebb, Sr., Deceased, Appellee
Cross-Appellant.

TEXT: CASANUEVA, Judge. In this consolidated appeal from an adverse jury verdict, Karen M. Music
a...o set out the relevant, and only the relevant, facts of the case. Reversed and remanded for a
new trial. THREADGILL, A.C.J., and BLUE, J., Concur.


473-CITE: 516 So.2d 1067 FLAGSHIP NATIONAL BANK OF BOYNTON BEACH, as Personal Representative of the
Estate of Marion Bentley Wall, Deceased, and Flagship National Bank of Boynton Beach and James R.
Warnke, as Trustees of the Trust entered into by Marion Bentley Wall as donor on February 15, 1978,
as amended, Appellants, v. Rohan KELLEY, as Guardian Ad Litem For Terry P. Bentley, a Minor,
Appellee.

TEXT: PER CURIAM. We review on this appeal whether the trial court erred in determining that
certa...tion in the trial court s determination that the property passed under decedent s estate. We
therefore affirm. DELL, WALDEN and STONE, JJ., concur.


474-CITE: 489 So.2d 106 Steven J. KROUSE, Personal Representative of the Estate of Jeffrey B. Krouse, a
minor, deceased, Appellant, v. Carole KROUSE and United Services Automobile Association, Appellees.

TEXT: DANIEL S. PEARSON, Judge This is an appeal from a summary judgment determining as a matter
o...is recovery only if, as is not the case here, the decedent has a surviving spouse or lineal
descendants, or the decedent is not under the age of 25.


475-CITE: 573 So.2d 1042 Victor LEDESMA, Appellant, v. BANKERS INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Appellant, Victor Ledesma, appeals a final order denying appellant s motion for
...ame, to make payment. Section 627.736(4)(b), Fla.Stat. (1989); see Obando v. Fortune Insurance
Company, 563 So.2d 116 (Fla. 3d DCA 1990). Affirmed.


476-CITE: 717 So.2d 1097 Doreen MATIYOSUS and Stuart Matiyosus, Appellants Cross-Appellees, v. Charles
Henry KEATEN and Allstate Insurance, etc., Appellees Cross-Appellants.

TEXT: W. SHARP, Judge. Both the plaintiffs, Doreen and Stuart Matiyosus, and the defendant,
Charle...the jury had been sent back with a corrected verdict form, it may have awarded her $5,000
in another form or found that her injtuies were permanent.


477-CITE: 616 So.2d 1092 Caroline POSTROZNY, Appellant, v. PUBLIX SUPERMARKETS, INC., Appellee.
TEXT: OWEN, WILLIAM C., Jr., Senior Judge. Appellant suffered an adverse summary judgment in this
...ami, 578 So.2d 302, 304 (Fla. 3d DCA 1991), rev. den., 591 So.2d 180 (Fla.1991). REVERSED AND
REMANDED. GLICKSTEIN, C.J., and ANSTEAD, J., concur.


478-CITE: 697 So.2d 157 In re ESTATE OF Margaret K. PAVLICK, Deceased. John PAVLICK, Appellant, v.
George PAVLICK, Appellee.

TEXT: WHITTEMORE, Associate Judge. John Pavlick (personal representative) appeals the trial court
...e statutory period began. The personal representative does not suggest that the early filing
impaired his ability to answer Mr. Pavlick s objection.


479-CITE: 625 So.2d 130 Delmer E. DAVIS, Appellant, v. Jay C. GREEN, D.D.S., Appellee.
TEXT: POLEN, Judge. Appellant, plaintiff below in a dental malpractice suit, timely appeals from
a...ellee as to both alleged incidents of malpractice, and remand for further proceedings consistent
with this opinion. GUNTHER and KLEIN, JJ., concur.


480-CITE: 478 So.2d 1068 MARYLAND CASUALTY CO., et al., Petitioners, v. RELIANCE INSURANCE CO., et al.,
Respondents.

TEXT: ADKINS, Justice. We review the opinion of Reliance Insurance Co. v. Maryland Casualty Co.,
4...recting the trial court to enter summary judgment in favor of Reliance. It is so ordered.
BOYD, C.J., and OVERTON, McDONALD and SHAW, JJ., concur.


481-CITE: 707 So.2d 1141 Leo A. HOLT, Appellant, v. Phylesia KING, Appellee.
TEXT: SHAHOOD, Judge. The sole question presented by this appeal is whether an insured
tortfeasor,...) SET-OFF WHEN THE CLAIMANT HAS FAILED TO OBTAIN THE MANDATORY NO-FAULT INSURANCE
COVERAGE? REVERSED AND REMANDED. POLEN and GROSS, JJ., concur.


482-CITE: 644 So.2d 144 Juan CAMPANUR, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Juan Campanur appeals his sentences for multiple convictions following his plea
...urt shall determine the appropriate victim injury points and impose sentence accordingly.
SCHOONOVER, A.C.J., and THREADGILL and BLUE, JJ., concur.


483-CITE: 753 So.2d 117 ALLSTATE INSURANCE COMPANY, etc., Appellant, v. Dennis INMAN and Linda Inman,
Appellees.

TEXT: DAUKSCH, J. This is an appeal from a judgment in a personal injury case wherein appellant
se...la. 5th DCA 1999) in making our decision. The judgment is affirmed. AFFIRMED. HARRIS J.,
concurs. GRIFFIN, J., concurs specially in result only.


484-CITE: 627 So.2d 595 SECUREX, INC. & Claims Center, Appellants, v. Johnny COUTO, Jr., Appellee.
TEXT: DAVIS, Judge. Securex, Inc. and Claims Center have appealed a non-final order of the judge
o... compensable because the accident occurred in the course and scope of his employment, is
Affirmed. ZEHMER, C.J., and SHIVERS, Senior Judge, concur.


485-CITE: 519 So.2d 1106 Jean A. HORN, Personal Representative of the Estate of Victor E. Horn,
Deceased, Appellant, v. AIR SAL, INC., Appellee.

TEXT: PER CURIAM. This is an appeal by the personal representative of an estate from a trial
court..., 194 So.2d 307, 309 (Fla. 1st DCA 1967); cf. English v. Hecht, 189 So.2d 366, 367 (Fla. 3d
DCA), cert. denied, 194 So.2d 619 (Fla.1966). Affirmed.


486-CITE: 616 So.2d 128 Donald J. HARRELSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Donald Harrelson appeals the summary denial of his motion to correct sentence.
W...rted by written findings). Affirmed in part, reversed in part, and remanded with instructions.
DANAHY, A.C.J., and CAMPBELL and BLUE, JJ., concur.


487-CITE: 593 So.2d 589 BAY AUTOMOTIVE and U.S.F. & G., Appellants, v. John ALLAIRE, Appellee.
TEXT: WEBSTER, Judge. In this workers compensation case, the employer and carrier seek review of
a... of the judge of compensation claims are supported by competent substantial evidence. Therefore,
we affirm. AFFIRMED. ERVIN and KAHN, JJ., concur.


488-CITE: 725 So.2d 1216 Kenneth Lee BOGAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Kenneth Lee Bogan challenges the imposition of twenty victim injury points on
hi...titled to immediate release. Accordingly, I see no reason to reach the other issue.
------------ (FN1) Karchesky v. State, 591 So.2d 930 (Fla.1992).


489-CITE: 754 So.2d 88 Timothy TELLIER, Appellant, v. STATE of Florida, Appellee.
TEXT: ANTOON, C.J. Timothy Tellier appeals his convictions and sentences for DUI manslaughter,
(FN... 316.193(3)(c)1, Fla.Stat. (1997). (FN3) Sections 316.062; 316.027(1)(b), Fla.Stat. (1997).
(FN4) Sections 316.062; 316.027(1)(a), Fla.Stat. (1997).


490-CITE: 567 So.2d 13 David Leroy STERMER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, David Leroy Stermer, challenges his sentences for sexual battery,
att...th a properly prepared scoresheet that scores victim injury just once. Reversed and remanded.
SCHOONOVER, C.J., and DANAHY and FRANK, JJ., concur.


491-CITE: 659 So.2d 1200 LAW OFFICES OF THEODORE GOLDBERG and Carlos and Peidad Pachon, Appellants, v.
FAZIO, DAWSON, DiSALVO, CANNON, ABERS & PODRECCA, Appellee.

TEXT: SCHWARTZ, Chief Judge. The plaintiffs in a personal injury case and their successor
attorney...--, --- [1995 LW 366680] (Fla. 3d DCA Case no. 94-1048, opinion filed, June 21, 1995) [20
FLW D1437, D1438]. Reversed and remanded with directions.


492-CITE: 712 So.2d 1219 Antonio J. WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. Antonio J. Williams appeals his conviction and sentence for battery on a
...ial court is *1220 free to determine that the injuries are either moderate or severe on
resentencing. PATTERSON, A.C.J., and CASANUEVA, J., concur.


493-CITE: 459 So.2d 1149 ALLSTATE INSURANCE COMPANY, Appellant, v. David FAMIGLETTI, Linda Famigletti,
his wife, John Burch, Betty Jane Burch, John Doe, an unidentified person, et al., Appellees.

TEXT: GOLDMAN, MURRAY, Associate Judge. This is an appeal from a summary final judgment in an
acti...nts is reversed, with directions to enter final judgment in favor of the Plaintiff, Allstate
Insurance Company. GLICKSTEIN and HURLEY, JJ., concur.


494-CITE: 567 So.2d 468 Karen Barger HEATH and Robert Heath, Appellants, v. Wendy Walters BESHOURI,
Appellee.

TEXT: LETTS, Judge. In this personal injury trial in which liability was conceded, the general
ver... and remand this cause for a new trial on the issue of damages only. REVERSED AND REMANDED.
DOWNEY and FRANK, RICHARD H., Associate Judge, concur.


495-CITE: 652 So.2d 414 David G. ROMELLOTTI, Appellant, v. HANOVER AMGRO INSURANCE COMPANY, Appellee.
TEXT: DAUKSCH, Judge. Appellant, David Romellotti, timely appeals a nonfinal order dismissing his
...fense was waived. Accordingly, the trial court s dismissal of appellant s amended complaint is
reversed. REVERSED. COBB and THOMPSON, JJ., concur.


496-CITE: 584 So.2d 227 Mark William CHARLES, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, Judge. Mark William Charles appeals his guidelines sentence. The sentence was
dete...y for multiple offenses committed during separate episodes or transactions involving the same
victim. AFFIRMED. HARRIS and DIAMANTIS, JJ., concur.


497-CITE: 647 So.2d 1045 In re ESTATE OF Bonnie Rebecca WOODRUFF, Deceased. William WOODRUFF,
individually as Personal Representative of the Estate of Bonnie Rebecca Woodruff, deceased, as
Personal Representative of the Estate of William James Woodruff, III, deceased, and Rebekah Lillian
Woodruff, by and through William Woodruff, her father, next friend and Natural Guardian, Appellants,
v. HENKELS & McCOY, INC., a foreign corporation authorized to do business in the State of Florida
and Gary Nelson Williams, Appellees

TEXT: KLEIN, Judge. We are presented with a question of first impression in Florida: whether a
per...ellants for the interest they did not receive on the funds during the time it took the
personal check to clear. HERSEY and GLICKSTEIN, JJ., concur.


498-CITE: 588 So.2d 321 William BECHTOLD, Appellant, v. Mary BECHTOLD, Appellee.
TEXT: POLEN, Judge. This is an appeal of a non-final order finding lack of personal jurisdiction
o...rtition and, upon proper motion, *322 to allow the husband to amend his petition for dissolution
if he so desires. DOWNEY and ANSTEAD, JJ., concur.


499-CITE: 757 So.2d 1269 Dominic J. FIGLIOLIA, Appellant, v. Shonte K. BUTLER, Vincent P. Manno and
Allstate Insurance Company, Appellees.

TEXT: PER CURIAM. Shonte Butler (Butler) filed a personal injury complaint against Dominic
Figliol...the matter to the trial court for further proceedings consistent with this opinion.
REVERSED AND REMANDED. KLEIN, TAYLOR and HAZOURI, JJ., concur.


500-CITE: 729 So.2d 523 In re ESTATE OF Sallie Pearl WIGGINS, Deceased. Indian River Memorial Hospital,
a Florida not-for-profit corporation, Appellant, v. Charlie Mae W. Destin, as Personal
Representative of the Estate of Sallie Pearl Wiggins, Deceased, Appellee.

TEXT: BROWN, LUCY CHERNOW, Associate Judge. The issue presented by this appeal is whether the
tria...es its decision on substantial competent evidence, as did the trial judge here, we will find
no error. AFFIRMED. POLEN and STEVENSON, JJ., concur.


501-CITE: 463 So.2d 1256 Tomas PENA, Appellant, v. ALLSTATE INSURANCE COMPANY, a foreign insurance
company, Appellee.

TEXT: AMENDED OPINION NESBITT, Judge. The plaintiff appeals from a final summary judgment
entered...ehicle is the situs of the injuries represent the current law of Florida and are
applicable here, I would affirm the judgment below in its entirety.


502-CITE: 524 So.2d 1111 Deborah Ann BOHAN and Joel Berkowitz, husband and wife, Petitioners, v. Frank
CAL and Kathleen F. Cal, Respondents.

TEXT: PER CURIAM. Petitioners seek certiorari from an order granting summary judgment for
defendan...mpany, 515 So.2d 998 (Fla. 4th DCA 1987). Accordingly, certiorari is denied. CERTIORARI
DENIED. HERSEY, C.J., and GUNTHER and WALDEN, JJ., concur.


503-CITE: 519 So.2d 34 Ladislao LAMAZARES, Appellant, v. RINKER SOUTHEASTERN MATERIALS CORP., and
Liberty Mutual Insurance Company, Appellees.

TEXT: PER CURIAM. The deputy commissioner denied wage loss benefits for the period commencing
with...aimant attempted to persuade the other employee to lie by corroborating claimant s story that
he aggravated his hand injury while driving the truck.


504-CITE: 494 So.2d 295 Meir RAN, Appellant, v. Moe BROWARNIK, Appellee.
TEXT: PER CURIAM. Affirmed on authority of McKibben v. Zamora, 358 So.2d 866 (Fla. 3d DCA 1978).
*...February, 1986. I share the trial court s concern that the result may not be fair, but I agree
that the prior opinion of this court is controlling.


505-CITE: 736 So.2d 1240 Jacques M. JEAN, Appellant, v. Fred THEODORSEN, and Helena Theodorsen,
Appellees.

TEXT: PER CURIAM. The trial court erred in striking the entire testimony of plaintiff s expert.
Th...t effects to the injury. LoBue v. Travelers Ins. Co., 388 So.2d 1349, 1351 (Fla. 4th DCA 1980).
AFFIRMED. GUNTHER, GROSS and HAZOURI, JJ., concur.


506-CITE: 568 So.2d 125 Jacquelyn WAMBLES, et al., Appellants, v. AMREP SOUTHEAST, INC., etc., et al.,
Appellees.

TEXT: HARRIS, Judge. Jacquelyn Wambles and her husband, Billy, appeal from a summary judgment
ente...da, 489 So.2d 221 (Fla. 2d DCA 1986); O Quinn v. Seibels, Bruce & Co., 447 So.2d 369 (Fla.
1st DCA 1984). AFFIRMED. COBB and GOSHORN, JJ., concur.


507-CITE: 594 So.2d 838 Derry Ann KRASZEWSKI, Appellant, v. FLORIDA HIGHWAY PATROL and Division of Risk
Management, Appellees.

TEXT: PER CURIAM. The prior opinion of this court, reported at 559 So.2d 269 (Fla. 1st DCA 1990),
...H, SMITH and WIGGINTON, JJ., concur. ------------ (FN1) Section 440.185, Fla.Stat. Claimant did
not receive notice and information as to job search.


508-CITE: 631 So.2d 331 Pio TIMONES, Appellant, v. EXCEL INDUSTRIES OF FLORIDA, a corporation, Appellee.

TEXT: SMITH, Judge. Timones appeals a final summary judgment granted his employer, Excel
Industrie...reme court specifically declined to decide whether section 440.11(1) precludes an action
by an employee against an employer for an intentional tort.


509-CITE: 553 So.2d 285 FRANK MEDINA TRADING COMPANY, d b a F.M.T. Export, Petitioner, v. Joe BLANCO,
Respondent.

TEXT: PER CURIAM. Petitioner seeks a writ of certiorari to review the trial court s order
compelli...n, 214 So.2d 628 (Fla. 2d DCA 1968) (personal income tax return discoverable where lost
wages at issue). Certiorari granted; order quashed in part.


510-CITE: 560 So.2d 1310 Raleigh B. NEWTON and wife, Levonia M. Newton, Appellants, v. AUTO-OWNERS
INSURANCE COMPANY and International Bankers Insurance Company, Appellees.

TEXT: JOANOS, Judge. This is an appeal from an order of summary judgment in favor of Auto-Owners
*...roceedings to determine liability and damages under the uninsured motorist provisions of the
respective policies. SMITH and WENTWORTH, JJ., concur.


511-CITE: 534 So.2d 1176 Kevin D. LABERGE, Appellant, v. Janis R. VANCLEAVE, Appellee.
TEXT: SHARP, Chief Judge. Laberge appeals a directed verdict against him on liability, and the
tri...4 So.2d 882 (Fla.1978) (plaintiff may not relitigate if jury verdict of negligence results but
jury does not find permanency under Section 627.737).


512-CITE: 654 So.2d 976 E.H.P. CORPORATION, as general partner of W.J.A. Realty Limited Partnership, d b
a World Jai-Alai of Tampa, Appellant, v. Cynthia COUSIN and Anthony Cousin, her husband, Appellees.

TEXT: WHATLEY, Judge. The appellant, E. H. P. Corporation, as general partner of W.J.A. Realty
Lim...rating a place of amusement, like a race course, where others are invited is charged with a
continuous duty to look after the safety of its patrons.


513-CITE: 533 So.2d 901 Milt MILLMAN, Appellant, v. HOWARD JOHNSON S COMPANY, et al., Appellees.
TEXT: SCHWARTZ, Chief Judge. Millman, the plaintiff below, won a jury verdict of $50,000 in
damage... if the loss was the proximate result of fault or negligence of the operator. [e.s.] (FN3)
We express no view on the correctness of this reduction.


514-CITE: 458 So.2d 1231 Olga GONZALEZ, as Personal Representative of the Estate of William E. Hartman,
et al., Appellants, v. Dorothy J. SMITH, as Personal Representative of the Estate of Alexius Guy
Smith, Jr., Deceased, et al., Appellees.

TEXT: PER CURIAM. Affirmed. Devlin v. Florida Rent-A-Car, Inc., 454 So.2d 787 (Fla. 5th DCA
1984)....ore HENDRY, HUBBART and DANIEL S. PEARSON, JJ. TEXT: PER CURIAM. Affirmed. Devlin v.
Florida Rent-A-Car, Inc., 454 So.2d 787 (Fla. 5th DCA 1984).


515-CITE: 466 So.2d 1119 Richard JACKSON, Appellant, v. UNITED STATES AVIATION UNDERWRITERS, INC. and
Sylvia Dobrzanski, as Personal Representative of the Estate of Anthony S. Dobrzanski, Deceased,
Appellees.

TEXT: PER CURIAM. We affirm the trial court s denial of plaintiff s motion for a new trial in
this...tion is a paradigm of the abuse giving rise to our reaction. The motion for rehearing is
denied. DANAHY, A.C.J., and LEHAN and FRANK, JJ., concur.


516-CITE: 450 So.2d 317 PLYMOUTH CITRUS PRODUCTS and Corporate Group Service, Appellants, v. Sarah
WOODARD, Appellee.

TEXT: BARFIELD, Judge. In this workers compensation case the employer appeals the deputy
commissio...wage loss benefits. Cf., Lasher Milling Co. v. Brown, 427 So.2d 1034 (Fla. 1st DCA
1983); Regency Inn v. Johnson, 422 So.2d 870 (Fla. 1st DCA 1982).


517-CITE: 741 So.2d 1249 Michael J. SLATER, Appellant, v. WALGREENS CO., an Illinois corporation,
authorized to do business in the State of Florida, Appellee.

TEXT: PER CURIAM. Michael J. Slater filed a personal injury suit against Walgreens. Slater raises
s...we remand for a new trial on the issue of future medical damages but affirm on all other issues.
PARKER, A.C.J., and BLUE and WHATLEY, JJ., Concur.


518-CITE: 611 So.2d 43 Dareyl FUNCHESS, as personal representative of the estate of Samantha McHellon
Funchess, deceased, on behalf of the estate and on behalf of the survivors of the decedent, to wit:
Dareyl Funchess, surviving spouse; Lajuan Jamar Funchess, a minor; Samuel McHellon, a minor, Helen
White and Donial McHellon, natural parents, Appellant, v. GULF STREAM APARTMENTS OF BROWARD COUNTY,
INC., John V. Tinglof, Robert R. Tinglof and Iver A. Tinglof, Appellees.

TEXT: DELL, Judge. Appellant contends the trial court erred when it dismissed this action for the
...its judgment in favor of appellees and for further proceedings consistent with this opinion.
REVERSED and REMANDED. HERSEY and STONE, JJ., concur.


519-CITE: 621 So.2d 543 Edghar GLISSON, Appellant, v. STATE of Florida, DEPARTMENT OF MANAGEMENT
SERVICES, DIVISION OF RETIREMENT, Appellee.

TEXT: WEBSTER, Judge. Appellant seeks review of a final order of the State Retirement Commission
(... 1985); Havener v. Division of Retirement, 461 So.2d 231 (Fla. 1st DCA 1984). REVERSED and
REMANDED, with directions. SMITH and KAHN, JJ., concur.


520-CITE: 548 So.2d 830 Virginia Perry FOWLER, as Personal Representative of the Estate of Ferman Ellis
Fowler, Deceased, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation,
Appellee.

TEXT: ON REHEARING Upon consideration of appellee s motion for rehearing, and the Florida Supreme
...rrectness of the trial court s additional finding that Fowler s injury was not an accidental
occurrence under the terms of Ortagus insurance policy.


521-CITE: 444 So.2d 537 CARNIVAL CRUISE LINES, INC., Appellant, v. Pilar ALVAREZ, Appellee.
TEXT: PER CURIAM. Rejecting each of the defendant s contentions on this appeal from an adverse
jud...(1931); Landin v. Oerting, 61 Fla. 652, 55 So. 843 (1911); Leeb v. Read, 190 So.2d 830 (Fla.
3d DCA 1966); Sec. 59.041, Fla.Stat. (1981). Affirmed.


522-CITE: 446 So.2d 200 Maria Luisa RIVERA, Appellant, v. RANDLE EASTERN AMBULANCE SERVICE, INC., Hugh
Randolph Caines, Jr., and Fidelity and Casualty of New York, Appellees.

TEXT: JORGENSON, Judge. Maria Rivera and the estate of Juan Rivera, her late husband, filed an
act...hat the rule should be abolished and replaced, as it has been in other jurisdictions, by some
more enlightened rule, id. at 918 (citations omitted).


523-CITE: 494 So.2d 240 Edith Horowitz BROIDA, Appellant, v. Samuel S. SMITH, as Personal Representative
of the Estate of Maurice Horowitz, deceased, Appellee.

TEXT: FERGUSON, Judge. Appellant Edith Broida, an attorney, is a beneficiary under the will of
her... deliver documents pending a determination of whether she should have been replaced as
personal representative. No review was sought of that ruling.


524-CITE: 496 So.2d 953 A.G. CARRIERS, INC. and Claims Center, Appellants, v. Bernie R. CARROLL,
Appellee.

TEXT: MILLS, Judge. A. G. Carriers, Inc. and the Claims Center (E C) appeal from an order of the
d...ese conditions on this particular mattress was indigenous to his work environment. House, supra.
Affirmed. BOOTH, C.J., and WENTWORTH, J., concur.


525-CITE: 577 So.2d 676 Charles R. DICKEY and Elizabeth Dickey, individually and as natural guardians of
Chad Dickey, a minor, Appellants, v. CORAL SPRINGS EDUCATIONAL CENTERS, INC., a Florida corporation,
d b a Alphabetland, Appellee.

TEXT: PER CURIAM. This is an appeal from a final summary judgment in favor of appellee in a
person...tion by a jury. Accordingly, the judgment is reversed and the cause remanded for further
proceedings. DOWNEY, GLICKSTEIN and GARRETT, JJ., concur.


526-CITE: 696 So.2d 475 ORION INSURANCE COMPANY, Appellant, v. MAGNETIC IMAGING SYSTEMS I, Appellee.
TEXT: LEVY, Judge. An insurance company appeals from an adverse ruling by the trial court on its
m...party beneficiary thereunder. We reverse the order entered below, and direct the trial court to
grant the appellant s motion to compel arbitration.


527-CITE: 718 So.2d 932 POLK COUNTY SCHOOL BOARD and Riscorp, Appellant, v. Jesus SANTANA, Appellee.
TEXT: PER CURIAM. The employer carrier appeal a workers compensation order awarding permanent and
...anently totally disabled ). Accordingly, we reverse, the award of permanent and total disability
benefits. BOOTH, BENTON and PADOVANO, JJ., concur.


528-CITE: 660 So.2d 1063 STATE of Florida, Appellant, v. Gregory R. LAMOUREUX, Appellee.
TEXT: WHATLEY, Judge. The state challenges a trial court order dismissing one of two counts of
dri...ject information and remand the instant cause for reinstatement of that charge. Reversed and
remanded. SCHOONOVER, A.C.J., and PARKER, J., concur.


529-CITE: 578 So.2d 898 Alberto VILLARRUEL and Harold Sawelson, Appellants, v. Duet WARREN, Appellee.
TEXT: PER CURIAM. Alberto Villarruel and Harold Sawelson, defendants in a personal injury action,
...dgment and remand for a new trial. Our disposition of this issue renders it unnecessary for us
to reach the remaining issue. Reversed and remanded


530-CITE: 487 So.2d 391 Dallas SELF, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals the sentence imposed upon him as the consequence of his
... 1st DCA 1986); Ludmin v. State, 480 So.2d 1389 (Fla. 1st DCA 1986). Reversed and remanded for
resentencing. BOOTH, C.J., AND SHIVERS, J., concur.


531-CITE: 453 So.2d 876 Lynn PRESHER, Appellant, v. J. QUICK TRUCKING, Appellee.
TEXT: ON MOTION FOR REHEARING BARFIELD, Judge. This case is before the court on appellee s
motion... the deputy commissioner is REVERSED and the case REMANDED for further proceedings
consistent with this opinion. WENTWORTH and ZEHMER, JJ., concur.


532-CITE: 564 So.2d 1249 Annie Dunn COLVIN, Appellant, v. Kenneth Paul WILLIAMS, Appellee.
TEXT: PER CURIAM. Annie Dunn Colvin appeals an adverse jury verdict and the denial of a new trial
...f the injury presently sued for but was caused wholly or partially by an earlier injury or
pre-existing condition. (Citation omitted.) Id. at 545.


533-CITE: 609 So.2d 714 Millie WEYGANT, Appellant, v. FORT MYERS LINCOLN MERCURY, INC., d b a Fort Myers
AMC Jeep, Renault, and Chester Meredith, Appellees.

TEXT: HALL, Acting Chief Judge. The appellant, Millie Weygant, challenges a final judgment
entered... witnesses. Accordingly, we affirm the instant case on all points raised herein and
certify conflict with Morey. THREADGILL and BLUE, JJ., concur.


534-CITE: 585 So.2d 1084 COMMERCE INSURANCE COMPANY and William A. Henderson, Appellants, v. ATLAS RENT
A CAR, INC., d b a American International Rent-A-Car of Dade County, a Florida corporation,
Appellee.

TEXT: JORGENSON, Judge. Commerce Insurance Co. and William Henderson appeal from a final summary
j...on 627.7263, lessee must be informed that his insurance carrier will be responsible). (FN4) This
is not an action by an insured against its insurer.


535-CITE: 623 So.2d 545 Karl ELLER and Robert M. Reade, Appellants, v. Ruby ALLEN, Individually and as
personal representative of the Estate of Herbert Malcolm Allen, Jr., Appellee.

TEXT: W. SHARP, Judge. Eller and Reade (nonresident corporate officers of Circle K Corporation),
a... many decisions regarding the operation of these stores. 3. Said activity on their part
constitutes substantial activity in the State of Florida.


536-CITE: 682 So.2d 562 Edwin Earl GLOVER and the Atlanta Casualty Company, Appellants, v. SCAMP AUTO
RENTAL I, INC. d b a Dollar Rent a Car System, Inc., Appellee.

TEXT: PER CURIAM. Appellant Edwin Earl Glover and his insurance carrier appeal a final summary
jud...found that Atlanta Casualty must provide the primary layer of insurance coverage. Affirmed.
PARKER, A.C.J., and PATTERSON and FULMER, JJ., concur.


537-CITE: 580 So.2d 893 Stanley L. MURKEY, Appellant, v. SIMMONS USA and Wausau Insurance Company,
Appellees.

TEXT: PER CURIAM. Claimant appeals an order of the judge of compensation claims denying the
compen...e of employment on August 20, 1988 so as to parallel the factual findings. The order is
affirmed as modified. BOOTH, JOANOS and ALLEN, JJ., concur.


538-CITE: 450 So.2d 1260 William HANSON and Isabelle Hanson, Appellants, v. GENERAL ACCIDENT FIRE & LIFE
INSURANCE CORPORATION, LTD., etc., et al., Appellees.

TEXT: ANSTEAD, Chief Judge. This is an appeal from a final summary judgment holding that
appellant...ly. Because we have concluded that the exclusion would not apply even if the premises
were controlled by the insured we need not decide this issue.


539-CITE: 641 So.2d 492 Ricardo RIBAS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Mr. Ribas appeals his concurrent sentences of 9 years imprisonment for two
count...e recommended guidelines range of 5 1 2 to 7 years imprisonment. Reversed and remanded.
CAMPBELL, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.


540-CITE: 723 So.2d 285 SOUTHERN ADJUSTMENT SERVICES, INC., Appellant, v. AMERICAN BANKERS INSURANCE
COMPANY OF FLORIDA, Appellee.

TEXT: POLEN, Judge. Southern Adjustment Services, Inc. ( Southern ), a repossessor of
automobiles,...he trial court to enter it in favor of Southern. AFFIRMED in part; REVERSED in part.
TAYLOR, J., and FRUSCIANTE, JOHN A., Associate Judge, concur.


541-CITE: 452 So.2d 984 James A. MATHIS, et ux., Appellant, v. FOOTE STEEL CORP., etc., et al.,
Appellee.

TEXT: DAUKSCH, Judge. This is an appeal from a summary judgment in a personal injury case. We
reve... altered. The summary judgment is reversed and this cause remanded for further proceedings.
REVERSED and REMANDED. SHARP and COWART, JJ., concur.


542-CITE: 744 So.2d 584 Ron Kimberly DRAYTON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Ron Kimberly Drayton raises several issues in this appeal of his convictions
and...e victim injury points on Drayton s scoresheet. Affirmed in part, reversed in part, and
remanded. BLUE, A.C.J., and FULMER and DAVIS, JJ., Concur.


543-CITE: 634 So.2d 1148 Gerald KLEPAREK, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In March, 1991, appellant was charged by Information with armed kidnapping,
arme... concur. ------------ (FN1) Generally, a trial court can, as Karchesky permits, cite mental
or psychic trauma and depart upward from the guidelines.


544-CITE: 641 So.2d 456 Robert Edwin PATTERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING W. SHARP, Judge. Patterson moves for rehearing, citing two cases
wh...to Resentence. GOSHORN and THOMPSON, JJ., concur. ------------ (FN1) Section 794.011(2),
Fla.Stat (1989). (FN2) Section 800.04(1), Fla.Stat (1989).


545-CITE: 469 So.2d 849 Arthur LEE, Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH,
PA., Appellee.

TEXT: BASKIN, Judge. Arthur Lee appeals an adverse summary final judgment arising out of his
decla...e summary final judgment in favor of National Fire and remand for the entry of a final
judgment in favor of Arthur Lee consistent with this opinion.


546-CITE: 620 So.2d 1038 Edward Allen SINGLETON, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Judge. Edward Allen Singleton has appealed from the sentence imposed upon him
followi...departure sentence on remand if supported by appropriate reasons. Id. Reversed and
remanded for resentencing. RYDER, A.C.J., and BLUE, J., concur.


547-CITE: 530 So.2d 1026 UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellant Cross Appellee, v. Linda V.
STRASSER, etc., Appellee Cross Appellant.

TEXT: PER CURIAM. This is an appeal and a cross appeal from a declaratory judgment in an
insurance...on a contract of insurance when the action is essentially one for the recovery of
personal injury damages? ANSTEAD, LETTS and WALDEN, JJ., concur.


548-CITE: 544 So.2d 1035 William Leroy DAUM, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. William Leroy Daum appeals from the judgment and sentence imposed upon him
foll...sheet to reflect forty points for victim injury and for resentencing under the modified
scoresheet. SCHOONOVER, A.C.J., and THREADGILL, J., concur.


549-CITE: 509 So.2d 1206 Robin GORDON, Appellant, v. DAVID ROBERTS MASONRY and Liberty Mutual Ins., Co.,
Appellees.

TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which a claim
for...the record does not otherwise support the deputy s action. The order appealed is reversed and
the cause remanded. MILLS and BARFIELD, JJ., concur.


550-CITE: 615 So.2d 705 Michael JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Michael Jones appeals the summary denial of his motion to correct sentence. We
r...of the trial court must file a timely notice to obtain further appellate review. Reversed.
CAMPBELL, A.C.J., and SCHOONOVER and HALL, JJ., concur.


551-CITE: 475 So.2d 1288 Charles GRAY, Appellant, v. EASTERN AIRLINES, INC., & Travelers Ins. Co.,
Appellees.

TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which he was
deni...ndirectly, if not directly, benefit the employer; that such acts, therefore, are not in fact
deviations from the course of employment. Id. at 272.


552-CITE: 614 So.2d 16 STERLING DRUG, INC., a foreign corporation, L & F Products Co., a foreign
corporation and Publix Supermarkets, a Florida corporation, Petitioners, v. Victor LUGO and Ruby
Lugo, his wife, Respondents.

TEXT: ON PETITION FOR WRIT OF CERTIORARI PER CURIAM. Petitioners, defendants in a personal
injury...t s order departs from essential requirements of law, and no remedy exists on plenary
appeal for such an injury. Certiorari granted; order quashed.


553-CITE: 495 So.2d 881 William T. MONTGOMERY, as Personal Representative of the Estate of Kenneth W.
Montgomery, deceased, Appellant, v. Barbara CRIBB and Joseph A. Perez, as Co-Personal
Representatives of the Estate of Vivian S. Perez, deceased, Appellee.

TEXT: PER CURIAM. Montgomery, as the personal representative of his son s estate, filed a
wrongful... purportedly settling his case and dismissing his appeal without the authority to do so.
Affirmed. DANAHY, C.J., and GRIMES and HALL, JJ., concur.


554-CITE: 738 So.2d 427 Robert Aaron McGUIRE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was convicted of leaving the scene of an accident involving personal
i...timony of the trooper was cumulative to other evidence at trial and, if error, it was harmless.
AFFIRMED. GUNTHER, GROSS and HAZOURI, JJ., concur.


555-CITE: 718 So.2d 348 Ramona BOROFF and Paul Boroff, her husband, and John W. Andrews, P.A.,
Appellants, v. The BIC CORPORATION, Appellee.

TEXT: NORTHCUTT, Judge. Endeavoring to collect its judgment against Ramona and Paul Boroff, The
Bi...ent. The judgment under review is reversed with directions to enter judgment in favor of the
garnishee. ALTENBERND, A.C.J., and FULMER J., concur.


556-CITE: 446 So.2d 184 James WIGGINS, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Appellee.

TEXT: PER CURIAM. Appellant appeals a final judgment dismissing his amended complaint for failure
...asons stated, we reverse and remand with directions to reinstate Count I of the amended
complaint. OTT, C.J., and BOARDMAN and DANAHY, JJ., concur.


557-CITE: 527 So.2d 951 Michael GILBERT, Appellant, v. Maurice JABOUR, Frances Jabour, Richard Jabour,
Robert Jabour, and Jabour Trailer Court, Appellees.

TEXT: PER CURIAM. Michael Gilbert, a tenant who recovered a judgment against his landlord in a
per...titled to recover attorney s fees incurred in his tort action against his landlord. *952
Accordingly, we affirm the trial court s order. Affirmed.


558-CITE: 439 So.2d 1009 Barbara ARMSTRONG and Donald E. Armstrong, Sr., Appellants, v. MUNFORD, INC.,
Appellee.

TEXT: LEHAN, Judge. This is a personal injury action against a vendor of alcoholic beverages
arisi...ida Statutes (1981), notwithstanding the enactment of section 768.125, Florida Statutes
(1981). AFFIRMED. HOBSON, A.C.J., and SCHEB, J., concur.


559-CITE: 513 So.2d 1387 UNITED STATES FIDELITY & GUARANTY COMPANY, Appellant, v. Harvey BLUM, Appellee.

TEXT: PER CURIAM. Appellant United States Fidelity & Guaranty Company (USF & G) appeals a summary
... which have not been eliminated by the movant, we reverse the summary judgment and remand the
cause for further proceedings. Reversed and remanded.


560-CITE: 689 So.2d 1101 Susan CHARNEY, Appellant, v. Judith HERSKOWITZ, Robert Herskowitz, and Mark
Herskowitz, Appellees.

TEXT: PER CURIAM. Susan Charney appeals from a final judgment granting final summary judgment in
f....2d 762 (Fla. 3d DCA 1993), review denied, 634 So.2d 625 (Fla.1994); Alvarez v. Alvarez, 598
So.2d 162 (Fla. 3d DCA 1992). Accordingly, we reverse.


561-CITE: 505 So.2d 651 Bruce HALL, Appellant, v. FACET PROPERTIES, INC., d b a Imperialakes Country
Club, Appellee.

TEXT: LEHAN, Judge. This is a personal injury suit against a property owner by an employee of a
tr... circumstances of this case. See Pearson v. Harris, 449 So.2d 339, 343-44 (Fla. 1st DCA 1984).
Affirmed. SCHOONOVER, A.C.J., and HALL, J., concur.


562-CITE: 696 So.2d 840 SUNCOAST AUTOBUILDERS, INC., Appellant, v. Stanley BRITT and Regina Britt,
Appellees.

TEXT: FRANK, Acting Chief Judge. After Stanley Britt and his wife won a personal injury judgment
a... Accordingly, we reverse the final summary judgment and remand for further proceedings.
Reversed and remanded. PATTERSON and WHATLEY, JJ., concur.


563-CITE: 540 So.2d 246 Victoria UNGER, Appellant, v. NCNB NATIONAL BANK, Appellee.
TEXT: GARRETT, Judge. Peter Sclafani deposited a one hundred dollar check and open an account
with...ate. Accordingly, we reverse and remand for further proceedings consistent herewith.
HERSEY, C.J., concurs. WALDEN, J., dissents without opinion.


564-CITE: 508 So.2d 48 Estela M. HARP and Jeffrey Harp, her husband, Appellants, v. AMERICAN HONDA MOTOR
CO., INC., a foreign corporation, the Corporation of the President of the Church of Jesus Christ of
Latter Day Saints, a foreign corporation, d b a Deseret Ranches of Florida, Inc., William Miller,
and Brevard Cycle Sports, Inc., a Florida corporation, Appellees.

TEXT: PER CURIAM. This is an appeal from a non-final order, transferring a personal injury action
...DCA 1978). See also Levy v. Hawk s Cay, Inc., 505 So.2d 24 (Fla. 3d DCA 1987), and cases cited
therein. LETTS, GLICKSTEIN and GUNTHER, JJ., concur.


565-CITE: 493 So.2d 1137 R. Botto ROSSA, Appellant, v. Emanuel SILLS, as Personal Representative of the
Estate of Rose Sills, Appellee.

TEXT: STONE, Judge. The defendant appeals an order denying his motion to dismiss for lack of
perso... F.2d 12 (3d Cir.1981), is distinguishable as there the issue was one of determining the
convenient forum. Here, there is no more appropriate forum.


566-CITE: 739 So.2d 630 KFC NATIONAL MANAGEMENT COMPANY, etc., Appellant, v. Terena BEAUREGARD,
Appellee.

TEXT: PETERSON, J. KFC National Management Company (KFC), appeals the denial of its motion to
comp...h an adhesion provision to be valid, it must be clear. This one is not. I would affirm the
lower court s denial of the motion to compel arbitration.


567-CITE: 699 So.2d 330 Cristiano ATHANASSIADIS, Appellant, v. NATIONAL CAR RENTAL SYSTEM, INC.,
Appellee.

TEXT: THOMPSON, Judge. Cristiano Athanassiadis appeals a nonfinal order denying his motion to
dism...is. See Kinney System Inc. v. Continental Ins. Co., 674 So.2d 86 (Fla.1996). AFFIRMED.
PETERSON, J., concurs. HARRIS, J., concurs in result only.


568-CITE: 465 So.2d 648 Norman DUNNELL, Appellant, v. ROBBINS WAREHOUSE and American Mutual Liability
Insurance Company, Appellees.

TEXT: MILLS, Judge. Dunnell appeals from an order denying workers compensation benefits based on
a...ell s condition was related to *650 a prior injury. Thus, a causal relationship was never
established. REVERSED. JOANOS and BARFIELD, JJ., concur.


569-CITE: 430 So.2d 566 The CITY OF HIALEAH, a municipal corporation of the State of Florida and Karl H.
Weber, Appellants, v. Orlando CALDERON, Appellee.

TEXT: GOMEZ, HELIO, Associate Judge. City of Hialeah, defendant below, appeals the final judgment
...e first accident. The testimony of both Dr. Brass and Dr. Tictin support the verdict and the
judge s finding. Accordingly the judgment is affirmed.


570-CITE: 711 So.2d 1382 Gretchen Hays MADER, Appellant, v. Candace PANDOLFO, Appellee.
TEXT: ORFINGER, M., Senior Judge. This appeal is from an order granting a new trial on damages in
...f a permanent injury, an award of future damages is not required. AFFIRMED IN PART, REVERSED IN
PART and REMANDED. COBB and W. SHARP, JJ., concur.


571-CITE: 478 So.2d 1196 STATE of Florida, Appellant, v. Charles B. PRUES, Appellee.
TEXT: HERSEY, Chief Judge. The state appeals an order suppressing the results of a blood test.
Ap...roperly excluded. We therefore affirm the lower court s order granting appellee s motion to
suppress. AFFIRMED. LETTS and GLICKSTEIN, JJ., concur.


572-CITE: 457 So.2d 1384 THE FLORIDA BAR, Complainant, v. R. Bruce JONES, Jr., Respondent.
TEXT: PER CURIAM. This bar disciplinary proceeding is before us on a referee s report
recommending...ings in the amount of $961.20 are taxed against Jones. It is so ordered. BOYD,
C.J., and ADKINS, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.


573-CITE: 466 So.2d 399 SEALEY MATTRESS COMPANY and Hartford Insurance Company, Appellants, v. Spencer
GAUSE, Appellee.

TEXT: MILLS, Judge. Sealey Mattress Company and Hartford Insurance Company (E C) appeal from a
wor...y s award of attorney s fees on its authorization. See, Section 440.34(3)(a), Florida Statutes
(1981). AFFIRMED. JOANOS and BARFIELD, JJ., concur.


574-CITE: 583 So.2d 801 In re ESTATE OF Ollie Mae ANDERSON, Deceased. Gwendolyn HOUSTON, Appellant, v.
Linda BROWN, et al., Appellee.

TEXT: WENTWORTH, Senior Judge. This is an appeal from a circuit court order removing the personal
...intment, the letters granted may be revoked and the person entitled to preference may have
letters granted to him after formal notice and hearing.


575-CITE: 616 So.2d 467 Marian L. PADGETT, as Personal Representative of the Estate of Kelly Jean
Ellison, a minor, deceased, Appellant, v. SHANDS TEACHING HOSPITAL AND CLINICS, INC., Appellee.

TEXT: PER CURIAM. Appellant is appealing the trial court s order dismissing this case due to
nonco... rejected in Kush v. Lloyd, 616 So.2d 415 (Fla.1992). We therefore affirm the dismissal by
the trial court. SMITH, WIGGINTON and WOLF, JJ., concur.


576-CITE: 708 So.2d 633 Anthony WRIGHT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Anthony Wright appeals a sentencing order entered following his violation of
pro...ctim suffered physical injury. See Karchesky v. State, 591 So.2d 930 (Fla.1992). REVERSED and
REMANDED. GOSHORN, HARRIS and PETERSON, JJ., concur.


577-CITE: 641 So.2d 527 Lawrence NETTLES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. GUNTHER and WARNER JJ., concur. FARMER, J., dissents with opinion.
...he Overfelt rationale, I must dissent with regard to our affirmance of the sentence. I agree,
however, with our affirmance of the restitution order.


578-CITE: 483 So.2d 539 James Randy COLEMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Chief Judge. James Randy Coleman was tried by jury on charges of first degree
murder,...nviction of first degree murder is affirmed. Affirmed in part, reversed in part, and
remanded with instructions. SCHOONOVER and HALL, JJ., concur.


579-CITE: 744 So.2d 1268 Jerome M. HERSHKOWITZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: NESBITT, J. Jerome M. Hershkowitz was convicted below of unlawful solicitation of motor
vehi...ial free speech. Furthermore, we find the remaining points raised by appellant to be without
merit. Accordingly, the order under review is affirmed.


580-CITE: 461 So.2d 169 Jerry JOHNSTON, Appellant, v. SUPER FOOD SERVICES and Fireman s Fund Insurance
Company, Appellees.

TEXT: SHIVERS, Judge. Claimant appeals the deputy commissioner s order denying wage-loss
benefits....ld satisfy his burden of proving that the claimed loss of wages was caused by the
injury. I would therefore affirm the denial of wage loss benefits.


581-CITE: 435 So.2d 979 GREYHOUND RENT-A-CAR, INC. and Teresita Bongato, Appellants, v. Carol WEISS,
Appellee.

TEXT: PER CURIAM. In a personal injury action, the plaintiff propounded identical interrogatories
... certiorari is granted in part and the order under review is quashed only insofar as it denies
the defendant insurer s objection to interrogatories.


582-CITE: 732 So.2d 368 NATION WATCH SECURITY AND INVESTIGATIONS, INC., Appellant, v. FRONTIER INSURANCE
COMPANY, Appellee.

TEXT: PER CURIAM. The third-party plaintiff, Nation Watch Security and Investigation, Inc.
[Nation... Lazzara Oil Co., 601 So.2d 1241 (Fla. 2d DCA 1992). Accordingly, the trial court properly
entered summary judgment in favor of Frontier. Affirmed.


583-CITE: 430 So.2d 558 Sheila STOLZENBERG, Appellant, v. FORTE TOWERS SOUTH, INC., and Cherokee
Insurance Company, Appellees.

TEXT: BASKIN, Judge. We affirm the trial court s resolution of Mrs. Stolzenberg s claim for
damage... 413 So.2d 1 (Fla.1982), adopting 381 So.2d 1164 (Fla. 5th DCA 1980). For these reasons,
we affirm the summary judgment entered by the trial court.


584-CITE: 709 So.2d 129 R.H., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant defendant was charged with battery as an act of domestic violence
unde... The disposition order placing the defendant on community control is affirmed. DELL and
GROSS, JJ. and OWEN, WILLIAM C., Jr., Senior Judge, concur.


585-CITE: 673 So.2d 112 AMICA MUTUAL INSURANCE COMPANY, Appellant, v. Melvin CHERWIN, Appellee.
TEXT: CORRECTED OPINION POLEN, Judge. POLEN, J. Amica Mutual Insurance Company (Amica) appeals
t...equally applicable here and dictate that Mr. Cherwin recover compensation for his injuries. We
accordingly affirm. STONE and PARIENTE, JJ., concur.


586-CITE: 487 So.2d 1096 Lynn PHLIEGER, etc., Appellant, v. NISSAN MOTOR CO., LTD., et al., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a final summary judgment in a wrongful death action.
...t is reversed and this cause remanded for further proceedings. REVERSED and REMANDED. SHARP,
J., concurs. UPCHURCH, J., dissents without opinion.


587-CITE: 693 So.2d 124 K-MART CORPORATION, Appellant, v. William P. SELLERS and Peggy E. Sellers,
Appellees.

TEXT: JOANOS, Judge. K-Mart Corporation appeals from a jury verdict and judgment in favor of
appel...g & Miles Co., 486 So.2d 673 (Fla. 1st DCA 1986). Accordingly, the final judgment is
affirmed in all respects. KAHN and VAN NORTWICK, JJ., concur.


588-CITE: 728 So.2d 339 Ava E. CANNIE, Appellant, v. ESTATE OF Joan K. CANNIE, Appellee.
TEXT: PER CURIAM. The appellant challenges an order by which the trial court approved
compensation...ard of fees. We therefore strike the quoted language from the order. The order is
otherwise affirmed. ALLEN, WEBSTER and VAN NORTWICK, JJ., CONCUR.


589-CITE: 610 So.2d 1339 Julie PRICE, Personal Representative of the Estate of William L. Price,
Deceased, and Julie Price, Individually, Appellant, v. POINT MARINE, INC. Appellee.

TEXT: WOLF, Judge. Julie Price appeals the trial court s final order granting the defendant s
moti...abuse of discretion by the trial court which would mandate reversal. The decision of the
trial court is affirmed. SMITH and WIGGINTON, JJ., concur.


590-CITE: 510 So.2d 931 MERRILL STEVENS DRY DOCK COMPANY, Appellant, v. Vivian ALVAREZ, f u b o American
Home Insurance Company, Appellee.

TEXT: PER CURIAM. This is an appeal from a final judgment in favor of the appellee, American Home
... liable up to the $300,000 limit intended by the parties. I agree, however, that American Home
Insurance Company is not entitled to attorney s fees.


591-CITE: 436 So.2d 1052 FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, as assignee of Sugar Cane Growers
Co-Operative of Florida, Appellant, v. FLORIDA FRUIT AND VEGETABLE ASSOCIATION, et al., Appellees.

TEXT: ANDREWS, ROBERT LANCE, Associate Judge. Florida Farm Bureau Mutual appeals the final order
o...al, 434 So.2d 310 (Fla.1983); McDaniel v. Musgrove, 427 So.2d 1091 (Fla. 1st DCA 1983).
Accordingly, we AFFIRM. HERSEY and GLICKSTEIN, JJ., concur.


592-CITE: 457 So.2d 592 McDONALD CONSTRUCTION CORP. & Commercial Risk Management, Inc., Appellants, v.
Lawrence DION, Appellee.

TEXT: WENTWORTH, Judge. The carrier s contention in this appeal is that wage loss benefits should
... alternative employment or other proof of voluntary limitation of income by claimant, the order
must be affirmed. SHIVERS and NIMMONS, JJ., concur.


593-CITE: 653 So.2d 1114 Errol PERRY, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Perry argues the two 30-year concurrent sentences he received for sexual
ba...ssue was first raised, the time to seek relief under Rule 3.850 had expired. *1116 should be.
See Morris v. State, 605 So.2d 511 (Fla. 2d DCA 1992).


594-CITE: 638 So.2d 177 Edna HAZERA, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: NESBITT, Judge. Appellant seeks reversal of a final summary judgment in favor of Allstate
In...igated to reimburse to Medicare any payments Medicare had already made for those medical
services. Accordingly, the order under review is affirmed.


595-CITE: 513 So.2d 1057 THE FLORIDA BAR, Complainant, v. Joe G. HOSNER, Respondent.
TEXT: PER CURIAM. Attorney Joe G. Hosner petitions for review of the report of the referee filed
i...ccordingly, I would suspend respondent for a period of thirty days and accept the referee s
recommendation of probation for a period of three years.


596-CITE: 665 So.2d 276 Maxine STONE, as Personal Representative of the Estate of Samuel Stone,
Deceased, Appellant, v. Robert ROSENTHAL, M.D.; Lewis & Rosenthal, P.A., n k a Lewis, Rosenthal &
Baum, M.D., jointly and severally; Edward H. Kaplan, M.D., and Edward H. Kaplan, M.D., P.A.,
Appellees.

TEXT: STONE, Judge. Maxine Stone, as personal representative of the estate of her deceased
husband...state, in which case suit on June 3, 1993, would have been within the two-year statute.
FARMER, J. and JEFFREY STREITFELD, Associate Judge, concur.


597-CITE: 731 So.2d 134 Kenneth Eric MILGRAM, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: BROWNING, J. This is an appeal from summary judgment in favor of Allstate Insurance Company
...as presented genuine issues of fact that warrant reversal of the summary judgment. REVERSED and
REMANDED. BARFIELD, C.J. and LAWRENCE, J., CONCUR.


598-CITE: 639 So.2d 82 Mark FELDMAN, Appellant, v. AMERICAN MOTORS SALES CORP., Appellee.
TEXT: PER CURIAM. The dismissal of the plaintiff s complaint against the appellee American Motors
...he defendant. Because, however, there is no present showing that there was any such procedure,
this issue may be raised only by affirmative defense.


599-CITE: 679 So.2d 42 Tony JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We find no error in appellant s convictions but do find error in the
sentencing....l ten offense instead of level nine. On remand, the scoring of the attempted murder
may be reconsidered as well. Section 921.0013, Fla.Stat. (1993).


600-CITE: 502 So.2d 93 J.B. IVEY AND COMPANY, Appellant, v. John MERCHANT, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment in a personal injury suit. Appellant owns
...y that supreme court case and cannot agree with appellee that the facts here are distinguishable.
REVERSED. UPCHURCH, C.J., and SHARP, J., concur.


601-CITE: 535 So.2d 618 Johnny STILES, Appellant, v. ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS and
Crum & Forster Commercial Insurance Companies, Appellees.

TEXT: ERVIN, Judge. In this workers compensation appeal, the claimant appeals the denial of his
cl...ions for the employer carrier to be assessed the payment of claimant s attorney s fees on the
ground of bad faith. BOOTH and THOMPSON, JJ., concur.


602-CITE: 710 So.2d 998 ORANGE COUNTY MIS DEPARTMENT and Johns Eastern Company, Inc., Appellants, v.
Margaret L. HAK, Appellee.

TEXT: VAN NORTWICK, Judge. In this workers compensation case, Orange County MIS Department and
Joh...their ordinary meaning unless otherwise defined in the statute at issue. See Citizens of the
State v. Public Serv. Comm n, 425 So.2d 534 (Fla.1982).


603-CITE: 700 So.2d 110 ALLSTATE INSURANCE COMPANY, a foreign corporation, Appellant, v. Alicia JONES,
Appellee.

TEXT: PER CURIAM. Allstate appeals the ruling of the county court, certified by the circuit court
... she was not on the vehicle at the time of the accident. *113 The final summary judgment is
REVERSED. BOOTH, JOANOS and VAN NORTWICK, JJ., concur.


604-CITE: 702 So.2d 607 Jeffrey D. JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Jeffrey D. Jackson was convicted of multiple charges involving death and
inju...o convicted of DUI manslaughter and DUI with serious bodily injury. AFFIRMED in part;
REVERSED in part and REMANDED. DAUKSCH and W. SHARP, concur.


605-CITE: 672 So.2d 890 Susan Shelton ROCKMAN, Appellant Cross Appellee, v. Wendy Wilcox BARNES,
Appellee Cross Appellant.

TEXT: PER CURIAM. Susan Shelton Rockman appeals from a final judgment entered pursuant to a jury
v...v. Rawson, 674 So.2d 777 (Fla. 1st DCA 1996), the conduct was so egregious as to affect the
fairness of those proceedings; in this case, it was not.


606-CITE: 461 So.2d 247 LYKES BROTHERS, INC., & Hartford Insurance Group, Appellants, v. Evelyn D.
JACKSON, Appellee.

TEXT: WENTWORTH, Judge. Employer carrier seek review of a workers compensation order and assert
th... industrial injury and not based solely on factors other than physical limitation. The order
appealed is affirmed. MILLS and SHIVERS, JJ., concur.


607-CITE: 592 So.2d 379 Maria G. GUEVARA and Amado Guevara, her husband, Appellants, v. Frank I. DIEHL,
d b a Frank Diehl Farms, Appellee.

TEXT: PER CURIAM. Appellants, Maria G. Guevara and Amado Guevara, her husband, ask us in this
appe... come by way of legislative action and not judicial decision. Affirmed. CAMPBELL, A.C.J.,
PARKER, J., and CASE, JAMES R., Associate Judge, concur.


608-CITE: 753 So.2d 799 Zaedy POZO, Appellant, v. FLORIDA RESIDENTIAL PROPERTY AND CASUALTY JOINT
UNDERWRITING ASSOCIATION, Appellee.

TEXT: SHEVIN, Judge. We affirm the order dismissing the complaint. The trial court correctly
ruled...uous language excludes coverage for plaintiff s claim and that the severability clause does
not provide an avenue of relief to plaintiff. Affirmed.


609-CITE: 544 So.2d 1017 Robert FENNELL, Petitioner, v. STATE of Florida, Respondent.
TEXT: KOGAN, Justice. We have for review Fennell v. State, 528 So.2d 1212 (Fla. 4th DCA 1988),
cer...of any offenses at conviction. The Florida Bar Re: Rules of Criminal Procedure (Sentencing
Guidelines, 3.701, 3.988), 482 So.2d 311, 314 (Fla.1985).


610-CITE: 454 So.2d 721 John F. PEARCE, as Co-Personal Representative of the Estate of Austin Pearce,
Appellant, v. Juanita FOSTER, John Austin Collier, Juanell Peeples, Rosa Lee Pearce, and D.L.
Pearce, Appellees.

TEXT: ON MOTION TO DISMISS PER CURIAM. Appellant, in his capacity as co-personal representative
o...uest that the trial court furnish us with a copy of the order entered on remand. REMANDED WITH
INSTRUCTIONS. HURLEY, DELL and WALDEN, JJ., concur.


611-CITE: 498 So.2d 514 John C. HUNTER, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: COBB, Judge. The issue in this appeal, as framed by the county court in certifying the
follo... and the cause remanded for entry of judgment for appellant Hunter. REVERSED and REMANDED.
UPCHURCH, C.J., and LEE, R.E., Associate Judge, concur.


612-CITE: 504 So.2d 813 Marlin B. ARKY, Executor, Personal Representative of the Estate of Stephen W.
Arky, deceased, Appellant, v. Connie J. HARRIS, Superintendent, Division of Savings & Loan
Associations, State of Ohio, Appellee.

TEXT: PER CURIAM. We find no abuse of discretion by a circuit judge, who is presiding in an
estate..., Florida Statutes (Supp.1984) providing for the independent notice. See in this connection
Ricciardelli v. Faske, 505 So.2d 487 (Fla. 3d DCA 1987).


613-CITE: 522 So.2d 64 Joan Galbreath PHILLIPS, John D. Woods, Novice W. Fawcett, Arthur G. James, Dean
W. Jeffers, and Richard Stimmel, Appellants, v. ORANGE CO., INC., a Delaware corporation, Appellee.

TEXT: SCHOONOVER, Judge. Joan Galbreath Phillips, John D. Woods, Novice W. Fawcett, Arthur G.
Jame...nd remand this cause with instructions to dismiss the complaint as to the appellants.
Reversed and remanded. RYDER, A.C.J., and LEHAN, J., concur.


614-CITE: 645 So.2d 1086 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant. v. KOUNTRY KITCHEN
OF KEY LARGO, INC. and Herbert Shaw Trust, Appellees.

TEXT: PER CURIAM. Appellant, the State of Florida, Department of Transportation, appeals an order
...no showing of irreparable injury, we reverse the order granting the injunction. See Gonzalez v.
Benoit, 424 So.2d 957 (Fla. 3d DCA 1983). Reversed.


615-CITE: 564 So.2d 562 CITY OF PLANT CITY and Auto-Owners Ins. Co., Appellants, v. Shelby BELCHER and
First Southern Insurance, Appellees.

TEXT: WENTWORTH, Judge. Employer carrier seek review of a workers compensation order by which
clai...at claimant sustained the current injury to his lower back on the 19th of August, and not on
the 26th. Affirmed. ERVIN and WIGGINTON, JJ., concur.


616-CITE: 750 So.2d 127 Ruth COBB, Appellant, v. HEAD MOBILE HOME SALES, INC., Appellee.
TEXT: ALTENBERND, Acting Chief Judge. Ruth Cobb appeals an order dismissing her personal injury
la...the motion to enforce settlement. See Nehleber v. Anzalone, 345 So.2d 822 (Fla. 4th DCA 1977).
Reversed and remanded. BLUE and DAVIS, JJ., Concur.


617-CITE: 667 So.2d 848 FLORIDA SUPERMARKETS, INC., Appellant, v. Maureen WHITE, Appellee.
TEXT: PER CURIAM. Florida Supermarkets, Inc. appeals an adverse final judgment in a personal
injur...y granted a higher-than-requested amount for pain and suffering, and a lower-than-requested
amount for medical care and treatment and lost earnings.


618-CITE: 756 So.2d 213 Jean MARLO, Appellant, v. K-MART CORPORATION, Appellee.
TEXT: FLETCHER, Judge. The trial court in this personal injury action (FN1) ordered a remittitur
o...adduced in a logical manner by reasonable persons. (FN4) We affirm K-Mart s cross-appeal. See
Strahan v. Gauldin, 756 So.2d 158 (Fla. 5th DCA 2000).


619-CITE: 702 So.2d 614 NATIONAL ASSURANCE UNDERWRITERS, INC., Appellant, v. Anita M. KELLEY, as
Personal Representative of the Estate of Daniel Kelley, Deceased, et al., Appellees.

TEXT: ORDER DISMISSING APPEAL PARIENTE, BARBARA, J., Associate Judge. Appellant, National
Assuran...because the underlying personal injury case has resulted in a verdict for its insureds.
However, that request is mooted by our sua sponte dismissal.


620-CITE: 492 So.2d 472 James TRIPP, Appellant, v. Gerald KILLAM, etc., et al., Appellees.
TEXT: PER CURIAM. Affirmed. Upon review of the record and the evidence offered at trial we do not
...lasting effects, if any, appellant would suffer. Cf. Martin v. Young, 443 So.2d 293 (Fla. 3d DCA
1983). ANSTEAD, GLICKSTEIN and STONE, JJ., concur.


621-CITE: 510 So.2d 346 Manuel VEGA, Jr., Appellant, v. STABINSKI & FUNT, P.A., Appellee.
TEXT: HENDRY, Judge. Manuel Vega, Jr. appeals the entry of a judgment notwithstanding the verdict
...t appealed from is reversed with instructions to the trial court to reinstate the jury verdict
for $1,000. Reversed and remanded with instructions.


622-CITE: 586 So.2d 86 Kevin Wayne GODBEY, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. Kevin Wayne Godbey appeals a sentence imposed for lewd and lascivious
act...find them to be without merit. *88 Affirmed, but remanded for correction of the guidelines
scoresheet. SCHOONOVER, C.J., and CAMPBELL, J., concur.


623-CITE: 537 So.2d 1056 Daniel BARFIELD, Appellant, v. Galena SCHMON and Robert Curl, as personal
representatives of the Estate of Robert Schmon, Deceased, Appellees.

TEXT: HERSEY, Chief Judge. In this action brought under Florida s Wrongful Death Act, sections
768... duly authenticated documents as may serve a similar function in the issuing jurisdiction.
AFFIRMED AND REMANDED. WALDEN and GUNTHER, JJ., concur.


624-CITE: 501 So.2d 621 Phillip SHARLOW, et al., Appellants, v. Martin I. FREED, M.D., Appellee.
TEXT: PER CURIAM. This is an appeal from a judgment in personal injury case. Appellee concedes,
an...(Fla. 3d DCA 1985); Gross v. Lee, 453 So.2d 495 (Fla. 1st DCA 1984). REVERSED and REMANDED.
UPCHURCH, C.J., and DAUKSCH and ORFINGER, JJ., concur.


625-CITE: 539 So.2d 486 Peter PISANO, Appellant Cross-Appellee, v. STATE of Florida, Appellee
Cross-Appellant.

TEXT: DANAHY, Judge In this appeal from convictions and sentences for three counts of sexual
batte..., the sentences are vacated, and the cause is remanded for resentencing in accordance with
this opinion. RYDER, A.C.J., and SCHOONOVER, J., concur.


626-CITE: 723 So.2d 871 Bobby T. GOLDEN, Appellant, v. Burnice TIPTON, Appellee.
TEXT: WEBSTER, J. These two consolidated appeals arise out of an action seeking damages for
person... result of the collision. This holding moots the issues raised by Tipton. REVERSED and
REMANDED, with directions. ALLEN and LAWRENCE, JJ., CONCUR.


627-CITE: 686 So.2d 760 ALL AMERICAN SEMI CONDUCTOR, INC., Appellant, v. MIL-PRO SERVICES, INC., etc.,
et al., Appellees.

TEXT: HARRIS, Judge. The issue in this case is whether microchips destroyed in the unsuccessful
at...n the same position as the stored fish in Standard, and agree with the conclusion of the Third
District. AFFIRMED. COBB and THOMPSON, JJ., concur.


628-CITE: 648 So.2d 1219 James Nolan WILSON, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. James Nolan Wilson appeals his sentence following the revocation of his
communi...tate, 594 So.2d 273 (Fla.1992). Reversed and remanded for resentencing in accordance with
this opinion. PARKER, A.C.J., and PATTERSON, J., concur.


629-CITE: 701 So.2d 1209 SPECIAL DISABILITY TRUST FUND, Appellant, v. HUBBARD CONSTRUCTION COMPANY and
CNA Insurance Companies, Appellees.

TEXT: BARFIELD, Chief Judge. The Special Disability Trust Fund (SDTF) appeals an order requiring
i...onstruction and misapplication of the law to these particular facts. The order requiring
reimbursement is REVERSED. ERVIN and BENTON, JJ., concur.


630-CITE: 677 So.2d 882 Gerald DONAHUE and Lois Donahue, Appellants, v. FPA CORPORATION; Davco
Industries, Inc., f k a Davco Construction Corporation; Bruce Hyde; and Metal Products of Palm
Beach, Inc., Appellees.

TEXT: PER CURIAM. AFFIRMED. GLICKSTEIN and PARIENTE, JJ., concur. KLEIN, J., concurs specially
w...f Mid-Florida, N.A., 666 So.2d 580 (Fla. 2d DCA 1996). Accordingly, if counsel intend to appeal
to this court, they would be well-advised to object.


631-CITE: 453 So.2d 487 Theodore and Joann M. ZIELINSKI, as parents and guardians of Jeffrey Zielinski,
and Richard and Gwendolyn Nurge, as parents and guardians of Jeffrey Nurge, Petitioners, v.
PROGRESSIVE AMERICAN INSURANCE COMPANY, a corporation, Respondent.

TEXT: OTT, Judge. Petitioners, the defendants in the trial court, ask this court to review an
orde... favor is QUASHED. The case is REMANDED to the trial court for entry of a final judgment in
petitioners favor. RYDER, C.J., and DANAHY, J., concur.


632-CITE: 514 So.2d 1129 Byron BERNARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellee filed a motion to relinquish jurisdiction for purposes of resentencing
...s vacated and this cause is remanded for resentencing. See Hope v. State, 513 So.2d 217 (Fla. 1st
DCA 1987). MILLS, ERVIN and NIMMONS, JJ., concur.


633-CITE: 543 So.2d 447 UNIVERSAL CARIBBEAN ESTABLISHMENT, d b a Jolly Beach Resort, a Liechtenstein
corporation, Appellant, v. Brian BARD and Nancy Bard, his wife, and Jolly Beach Ltd., Inc., a
Florida corporation, Appellees.

TEXT: WARNER, Judge. The order appealed herein denied the defendant s motion to dismiss for lack
o...refore affirm the trial court s denial of defendant Universal s motion to dismiss for lack of
personal jurisdiction. DOWNEY and STONE, JJ., concur.


634-CITE: 682 So.2d 218 Robert Gordon HOSFORD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robert Gordon Hosford appeals, arguing that two of his three DUI convictions
vio...es and driving with a suspended, revoked or cancelled license. REVERSED and REMANDED with
instructions. DAUKSCH, GOSHORN and GRIFFIN, JJ., concur.


635-CITE: 675 So.2d 974 Brenda SPENCE, Appellant, v. TRADER PUBLISHING COMPANY and Cigna Insurance
Company, Appellees.

TEXT: KAHN, Judge. After her employment-related injury on April 18, 1993, appellant Brenda Spence
...that Brenda Spence s claim be deemed compensable by operation of section 440.192(8), Florida
Statutes (Supp.1994). BARFIELD and ALLEN, JJ., concur.


636-CITE: 735 So.2d 567 James SWEETON, Appellant, v. STATE of Florida, Appellee.
TEXT: WHATLEY, Judge. James Sweeton appeals his convictions of several offenses. We find merit
onl...entenced with a corrected scoresheet. Affirmed but remanded for correction of scoresheet and
resentencing. BLUE, A.C.J., and STRINGER, J., Concur.


637-CITE: 678 So.2d 872 U.S. SECURITY INSURANCE COMPANY, Appellant, v. MAGNETIC IMAGING SYSTEMS, I,
LTD., Appellee.

TEXT: FLETCHER, Judge. Appellant U.S. Security Insurance Co. [Security] appeals the denial of its
... including timeliness of any payments made. The arbitrator is fully competent to apply the
statutory criteria for an interest award, if appropriate.


638-CITE: 652 So.2d 975 Earl Douglas HORNE, Appellant, v. Harry K. SINGLETARY, Jr., et al., Appellee.
TEXT: PER CURIAM. Appellant seeks review of an order summarily denying his 3.800(a), Florida
Rules...tim injury points. Harper v. State, 632 So.2d 104 (Fla. 1st DCA 1994). Reversed and
remanded for resentencing. ERVIN, MINER and WOLF, JJ., concur.


639-CITE: 613 So.2d 1373 Richard PISHOTTA, Appellant, v. PISHOTTA TILE & MARBLE, INC. and Executive Risk
Consultants, Inc., Appellees.

TEXT: WIGGINTON, Judge. Claimant brings this appeal from the order of the judge of compensation
cl...ce on this point if necessary. REVERSED, in part, and REMANDED for further proceedings
consistent with this opinion. KAHN and MICKLE, JJ., concur.


640-CITE: 689 So.2d 438 Anthony SISTO and Theresa Sisto, Appellants, v. AETNA CASUALTY AND SURETY
COMPANY, Appellee.

TEXT: PARIENTE, Judge. Appellants (plaintiffs), who each claimed injuries in an automobile
acciden... the general, generic question of whether they would follow the law. REVERSED AND
REMANDED FOR A NEW TRIAL. GLICKSTEIN and STEVENSON, JJ., concur.


641-CITE: 441 So.2d 1171 GREATER PALM BEACH SYMPHONY ASSOCIATION, INC., a Florida corporation, and Ethel
Stone, Appellants, v. Barbara HUGHES, Frederick Hughes, American Motorists Insurance Company,
Fireman s Fund Insurance Company, and Aetna Fire Underwriters Insurance Company, Appellees.

TEXT: BERANEK, Judge. The plaintiffs, Greater Palm Beach Symphony and Ethel Stone, appeal an
order...rance Company v. Kottmeier, supra. *1173 AFFIRMED IN PART; REVERSED IN PART, and REMANDED
FOR FURTHER PROCEEDINGS. DOWNEY and HERSEY, JJ., concur.


642-CITE: 522 So.2d 989 Central BELL, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals his resentence, upon remand from this Court, (FN1) for
a...n for time served. See Franklin v. State, 515 So.2d 400 (Fla. 1st DCA 1987). AFFIRMED but
remanded with directions. BOOTH and ZEHMER, JJ., concur.


643-CITE: 540 So.2d 947 In re The ESTATE OF Barbara C. ARNOLD, a k a Barbara Jean Arnold, deceased.
Reecy TINDALL, as personal representative of the estate of Barbara C. Arnold, deceased, Appellant,
v. Sonya WALKER and Tonnia Triplett, Appellees.

TEXT: SCHEB, Acting Chief Judge. The appellant, Reecy Tindall, challenges an order removing her
as...948 to herself shall be subject to determination at a further hearing. Otherwise, the orders
are affirmed. SCHOONOVER and THREADGILL, JJ., concur.


644-CITE: 528 So.2d 1316 In re ESTATE of Delma Aeh BLACK. Robert F. BLACK, as personal representative,
Appellant, v. Ronnie David EATON, Appellee.

TEXT: SCHEB, Judge. Appellant Black challenges the trial court s nonfinal order that it had
jurisd...er through use of the probate rules formal notice was also ineffective. Affirmed in part;
reversed in part. CAMPBELL, C.J., and LEHAN, J., concur.


645-CITE: 746 So.2d 483 Curtis WILLIAMSON and Mary Lou Williamson, Appellants Cross-Appellees, v.
SUPERIOR INSURANCE COMPANY, Appellee Cross-Appellant.

TEXT: PER CURIAM. Curtis Williamson and Mary Lou Williamson (the Williamsons) challenge a final
ju...and damages. Appeal and cross-appeal reversed; remanded for new trial. BLUE, A.C.J.,
CASANUEVA, J., and QUINCE, PEGGY A., ASSOCIATE JUDGE, Concur.


646-CITE: 506 So.2d 101 Willie James SIMMONS, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Judge. Simmons appeals his five year sentence imposed for sexual battery (FN1) after
...85) (victim injury cannot be scored where it is not an element of the offense charged). (FN6)
Fla.R.Crim.P. 3.988. (FN7) Fla.R.Crim.P. 3.701(d)(14).


647-CITE: 523 So.2d 181 Anita M. STOKES, Appellant, v. WET N WILD, INC., Appellee.
TEXT: SHARP, Chief Judge. Stokes appeals from a final judgment denying her any recovery in her
per...arrants the reversal of the judgment in this case and award of a new trial. REVERSED AND
REMANDED FOR NEW TRIAL. ORFINGER and DANIEL, JJ., concur.


648-CITE: 518 So.2d 445 Donna JONES and Harry Jones, Appellants, v. Mark CHARLES, Appellee.
TEXT: HERSEY, Chief Judge. Appellants brought suit against the owner of property abutting a
public...y s fees against appellants and remand for correction of the order. REVERSED AND REMANDED.
GUNTHER, J., RIVKIND, LEONARD, Associate Judge. concur.


649-CITE: 513 So.2d 1278 Pauline S. WEISFELD, Appellant, v. David J. WEISFELD, Appellee.
TEXT: NESBITT, Judge. Mrs. Weisfeld appeals the trial court s final judgment of marriage
dissoluti...oning an equitable distribution of the parties property). This cause is reversed and
remanded for further proceedings consistent With this opinion.


650-CITE: 559 So.2d 330 FLORIDA PRODUCTION ENGINEERING and FEISCO, Appellants, v. Linda LOWD, Best Value
Stores, and Claims Center, Appellees.

TEXT: PER CURIAM. Although we find the employer carrier (e c) received proper notice, we find
that...urther proceedings consistent with this opinion. See Oaks Farm v. Berry, 500 So.2d 175 (Fla.
1st DCA 1986). BOOTH, THOMPSON and MINER, JJ., concur.


651-CITE: 522 So.2d 114 Jayne JORGLEWICH, Appellant, v. LUMBERMENS MUTUAL CASUALTY COMPANY, etc.,
Appellee.

TEXT: COWART, Judge. Appellant, a worker and a named insured under a personal injury protection
(P...le to no PIP benefits. Diaz v. South Carolina Insurance Company, 397 So.2d 386 (Fla. 3d DCA
1981). AFFIRMED. SHARP, C.J., and DAUKSCH, J., concur.


652-CITE: 698 So.2d 929 DADELAND DODGE INC., et al., Appellants, v. AMERICAN VEHICLE INSURANCE CO.,
etc., et al., Appellees.

TEXT: PER CURIAM. This case arises out of a one-car accident involving a rented vehicle.
Primarily... judgments entered against Allstate and Dadeland, and in favor of American, for further
proceedings. We affirm the judgment entered in Ruby s favor.


653-CITE: 732 So.2d 1141 INDEMNITY INSURANCE COMPANY OF NORTH AMERICA a s o Unidas Systems, Inc.,
Appellant Cross-Appellee, v. Lloyd CHAMBERS and Tetra Pak, Inc., Appellees Cross-Appellants.

TEXT: STONE, C.J. Indemnity Insurance Company appeals an award of attorney s fees and expert
witne...itness fees awarded to Tetra Pak is affirmed, and the final judgment for attorney s fees as
to Chambers is reversed. WARNER and GROSS, JJ., concur.


654-CITE: 574 So.2d 1223 DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, STATE OF FLORIDA, Appellant,
v. Harriet J. Roberts MARTIN and Herman M. Klemick, Appellees.

TEXT: COPE, Judge. The Department of Health and Rehabilitative Services appeals a final judgment
a...rsonal representative. (FN3) In our view, the probate court may issue a subpoena under paragraph
415.107(2)(e) where the statutory criteria are met.


655-CITE: 638 So.2d 35 CITY OF TAMPA, Petitioner, v. J.D. LONG, et al., Respondents.
TEXT: OVERTON, Justice. We have for review City of Tampa v. Long, 605 So.2d 1345 (Fla. 2d DCA
1992...ions to enter a judgment granting a new trial. It is so ordered. GRIMES, C.J., SHAW, KOGAN
and HARDING, JJ., and McDONALD, Senior Justice, concur.


656-CITE: 448 So.2d 536 Barbara RENAULT, Personal Representative in the Estate of William J. Guggenheim,
Appellant, v. Lois Guggenheim GREER, Appellee.

TEXT: GRIMES, Judge. Appellee made claims against her father-in-law s estate totaling $60,528.53
a...eturn of personal property to the appellee. We affirm the monetary judgment of $38,928.53 in all
respects. BOARDMAN, A.C.J., and DANAHY, J. concur.


657-CITE: 681 So.2d 719 Earnest P. WESTLEY, Appellant, v. HUB CYCLES, INC., Appellee.
TEXT: PER CURIAM. Earnest P. Westley appeals the final judgment entered in favor of Hub Cycles,
In...tions. Accordingly, we vacate the order imposing sanctions. In all other respects, we affirm.
FRANK, A.C.J., and ALTENBERND and BLUE, JJ., concur.


658-CITE: 647 So.2d 134 PSYCHIATRIC ASSOCIATES, a professional association, Alvin Neumeyer, M.D., Eugene
Valentine, M.D., and Frank Gill, M.D., Appellants, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY,
Appellee.

TEXT: WEBSTER, Judge. Appellants (the insureds) seek review of a summary final judgment entered
in...nting. The trial court correctly determined that the policy was not intended to afford
liability coverage for the actions alleged in the complaint.


659-CITE: 509 So.2d 1156 KRAFT DAIRY GROUP and Ideal Mutual Ins. Co., Appellants, v. Larry R. SORGE,
Appellee.

TEXT: WENTWORTH, Judge. Appellant contends in this appeal from a workers compensation order that
t...of the injury and necessary treatment is such as to impute knowledge as to the need for
attendant care. Affirmed. MILLS and BARFIELD, JJ., concur.


660-CITE: 553 So.2d 221 Roger HODGES and Janice S. Hodges, Husband and Wife, Appellants, v. Dan WALSH,
Individually and d b a Gator Lanes, Appellee.

TEXT: LEHAN, Judge. In this personal injury suit for damages allegedly suffered by plaintiff upon
.... v. Williams, 264 So.2d 862 (Fla. 3d DCA 1972). Reversed and remanded for proceedings
consistent herewith. DANAHY, A.C.J., and FRANK, J., concur.


661-CITE: 497 So.2d 1242 FLORIDA PAROLE AND PROBATION COMMISSION, Appellant, v. Steven Craig GRIFFIN,
Appellee.

TEXT: DANAHY, Chief Judge. The Florida Parole and Probation Commission (the Commission) appeals
an...cur. ------------ (FN2) Sexual battery with the use of force likely to cause serious personal
injury is a life felony. 794.011(3), Fla.Stat. (1985).


662-CITE: 626 So.2d 1358 THE FLORIDA BAR, Complainant, v. Stephen M. WITT, Respondent.
TEXT: PER CURIAM. Respondent Stephen Witt has petitioned this Court to review the recommended
disc...2,316.09, for which sum let execution issue. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.


663-CITE: 436 So.2d 317 Willis Earl DUPREE, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. From his conviction and sentence for sexual battery by using physical force
an...he rule because the need for his testimony was not known until almost the end of the trial.
AFFIRMED. ERVIN, C.J., and LARRY G. SMITH, J., concur.


664-CITE: 431 So.2d 647 Glen W. GILSON, II, as Personal Representative of the Estate of G. W. GILSON,
deceased, Appellant, v. John R. FOLTZ, P.A., a Florida professional corporation, John R. Foltz,
individually, and the Cincinnati Insurance Company, Appellees.

TEXT: OTT, Chief Judge. Appellant, Glen W. Gilson, II, as personal representative of his father s
...trued as precluding the adding of appropriate parties or issues on remand. REVERSED and REMANDED
for a new trial. BOARDMAN and LEHAN, JJ., Concur.


665-CITE: 654 So.2d 637 WINN DIXIE and Crawford & Company, Appellants, v. Diane ROSS, Appellee.
TEXT: DAVIS, Judge. Winn Dixie and Crawford and Company, the employer and servicing agent (e sa),
... finding that there was a compensable injury. Accordingly, we reverse and remand with directions
to dismiss the claim. ALLEN and KAHN, JJ., concur.


666-CITE: 452 So.2d 585 Melvin T. GOLDBERGER and Betty K. Goldberger, et al., Appellants
Cross-Appellees, v. REGENCY HIGHLAND CONDOMINIUM ASSOCIATION, INC., Appellee Cross-Appellant.

TEXT: DOWNEY, Judge. Appellee, Regency Highland Condominium Association, Inc., commenced this
suit...ay reversible error is demonstrated in this regard. Accordingly, the judgment appealed from
is affirmed. AFFIRMED. LETTS and HERSEY, JJ., concur.


667-CITE: 705 So.2d 119 Jack P. HOYT, Appellant, v. ST. LUCIE COUNTY, BOARD OF COUNTY COMMISSIONERS,
Appellee.

TEXT: ON MOTION FOR REHEARING PER CURIAM. We grant appellee s motion for rehearing and
clarificat...of the matters stated therein. Carter v. Cessna Finance Corporation, 498 So.2d 1319
(Fla. 4th DCA 1986). GLICKSTEIN, GUNTHER and POLEN JJ., concur.


668-CITE: 707 So.2d 777 Kenneth Michael WALDECKER, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Judge. We affirm Kenneth Waldecker s two convictions for driving under the influence
...victions on Counts I, III and IV affirmed; conviction as to Count II vacated; remanded for
resentencing. DANAHY, A.C.J., and PATTERSON, J., concur.


669-CITE: 506 So.2d 1086 William Edward JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. Defendant appeals his sentence for armed robbery, claiming his scoresheet
was...g, however, the trial court should correct any scoresheet errors proven by the parties.
REVERSED AND REMANDED. THOMPSON and BARFIELD, JJ., concur.


670-CITE: 692 So.2d 1006 Agustin MARQUEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Agustin Marquez appeals an order denying his motion filed pursuant to Florida
Ru...g addressing the propriety of the assessed victim injury points. See McClendon v. State, 679
So.2d 1255 (Fla. 1st DCA 1996). Reversed and remanded.


671-CITE: 442 So.2d 985 Barry KRAVITZ, Appellant, v. GEBRUEDER PLETSCHER DRUCKGUSSWAREMFABRIK d b a
Pletscher, an alien corporation doing business in the state of Florida, and its liability insurance
carrier, Appellee.

TEXT: FERGUSON, Judge. This appeal is brought by the plaintiff in a products liability case from
a... as was before the court in General Tire, which was decided under Section 48.181, I agree to
certify the question as one of great public importance.


672-CITE: 473 So.2d 1241 Jorge HERNANDEZ, Petitioner, v. PROTECTIVE CASUALTY INSURANCE COMPANY,
Respondent.

TEXT: ADKINS, Judge. This cause is before us on a petition to review the decision of the Third
Dis... not result in the petitioner s injury having arisen out of the ownership, maintenance or use
of the automobile. OVERTON and McDONALD, JJ., concur.


673-CITE: 456 So.2d 948 James MOYE and Betty Moye, his wife, and Florida Machinery Corporation,
Appellants, v. GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION, LTD., a foreign corporation,
Appellee.

TEXT: PER CURIAM. The Petition for Declaratory Relief in this case raised a single issue of
insura...he record reveals that genuine issues of material fact existed so as to preclude summary
judgment. Affirmed in part, reversed in part and remanded.


674-CITE: 504 So.2d 1295 Brenda L. QUANSTROM, Appellant, v. STANDARD GUARANTY INSURANCE COMPANY,
Appellee.

TEXT: COWART, Judge. This case involves a question of whether a person injured while occupying a
m...is reversed and the cause remanded with directions to enter summary judgment for appellant.
REVERSED and REMANDED. ORFINGER and COBB, JJ., concur.


675-CITE: 700 So.2d 151 Clementa Leaford JOHNSON, Appellant, v. The STATE of Florida, Appellee.
TEXT: COPE, Judge. Clementa Johnson appeals the inclusion of severe victim injury points in the
ca...e ceased their actions after the property was taken, but then took the further step of shooting
the victim in an effort to silence him as a witness.


676-CITE: 697 So.2d 921 Gloria ONDO, as Personal Representative of the Estate of Michael E. Ondo, on
Behalf of herself and the survivors, Appellant, v. F. GARY GIESEKE, P.A., and Matthew R. Moore,
M.D., Steven D. Gelbard, M.D., Glen Sutherland, M.D., Ted Carson, M.D., Neil Katz, M.D. and Galen Of
Florida Inc., d b a Humana Hospital-Cypress f k a pompano beach medical center, Appellees.

TEXT: SHAHOOD, Judge. Appellant, Gloria Ondo as personal representative of the Estate of Michael
E...within this exception to the rule. We accordingly affirm the trial court s granting of summary
judgment. AFFIRMED. WARNER and GROSS, JJ., concur.


677-CITE: 611 So.2d 55 P.P. PARTNERS, LTD. and Fireman s Fund Insurance Company, Appellants, v. J.J.
GUMBERG COMPANY f u b o and Northbrook Insurance Company, Appellees.

TEXT: LEVY, Judge. P.P. Partners, Ltd. [hereafter Partners ], and its insurer, Fireman s Fund
Insu...tion to indemnify Gumberg for its own negligence, and, accordingly, the trial court s summary
judgment to the contrary must be set aside. Reversed.


678-CITE: 491 So.2d 1160 Ernest A. BRADY, Jr., as personal representative of the Estate of Pauline L.
Shephard, Deceased, and individually; and Levine, Freedman, Hirsch & Levinson, P.A., Appellants, v.
Donna B. WILLIAMS, Appellee.

TEXT: PER CURIAM. The personal representative of an estate, joined by the attorneys for the
estate...able to decide the other contention. Reversed and remanded for proceedings consistent
herewith. CAMPBELL, A.C.J., and LEHAN and HALL, JJ., concur.


679-CITE: 464 So.2d 1277 Gerald E. DOYLE and Helena C. Doyle, Appellants, v. STATE FARM MUTUAL
AUTOMOBILE INSURANCE COMPANY, Appellee.

TEXT: FERGUSON, Judge. This appeal is brought by plaintiffs from an adverse summary judgment on a
...requires, under an automobile insurance claim, that there be a causal connection or relation
between the injury-causing incident and the automobile.


680-CITE: 634 So.2d 1093 Nathaniel DUDLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. The appellant, Nathaniel A. Dudley, challenges his convictions for extortion
an...iolation of double jeopardy pursuant to Cherry v. State. Accordingly, this cause is remanded
for resentencing. FRANK, C.J., and RYDER, J., concur.


681-CITE: 572 So.2d 8 LITTLE CAESAR S PIZZA and Hartford Insurance, Appellants, v. William Bruce
INGERSOLL, Appellee.

TEXT: ALLEN, Judge. Appellants, employer carrier, appeal a workers compensation order awarding
ben...the compensability of appellee s claims growing out of the automobile accident. The order
appealed is affirmed. WENTWORTH and JOANOS, JJ., concur.


682-CITE: 698 So.2d 331 STATE of Florida, Appellant, v. Bruce J. McGRIFF, Appellee.
TEXT: PARKER, Chief Judge. The State of Florida appeals the downward departure sentence that the
t...on of cocaine and loitering and prowling charges. Apparently, McGriff entered a plea to the
possession of cocaine charge for a time-served sentence.


683-CITE: 596 So.2d 1175 Bruce G. COLLIER, Appellant, v. DONZI MARINE and Feisco, Appellees.
TEXT: ZEHMER, Judge. Bruce Collier appeals a workers compensation order denying his claim for
bene...er proceedings. See Johnson v. Bender Construction Co., 538 So.2d 1305 (Fla. 1st DCA 1989).
REVERSED AND REMANDED. MINER and WEBSTER, JJ., concur.


684-CITE: 569 So.2d 1291 Margaret CARPENTER and Charles Carpenter, Appellants, v. Collen J. SAPP and
Allstate Insurance Company, Appellees.

TEXT: PATTERSON, Judge. In this unusual case, Collen Sapp was towing a trailer of cattle with his
...oes not address, and is not intended to influence, the resolution of those issues. Reversed and
remanded. CAMPBELL, A.C.J., and FRANK, J., concur.


685-CITE: 753 So.2d 592 AMERACE CORPORATION, a Delaware Corporation, A ppellant Cross-Appellee, v. Gary
E. STALLINGS and Vera J. Stallings, his wife, Appellees Cross-Appellants.

TEXT: PATTERSON, Chief Judge. Amerace Corporation, the defendant in a personal injury action,
appe...2 (Fla. 2d DCA 1999). We, therefore, remand to the trial court for entry of an award of
prejudgment interest. NORTHCUTT and SALCINES, JJ., concur.


686-CITE: 601 So.2d 587 PRACTICE MANAGEMENT ASSOCIATES, INC., etc., Appellant, v. OLD DOMINION INSURANCE
COMPANY, a Florida corporation, Appellee.

TEXT: PER CURIAM. Old Dominion Insurance Company issued a policy of insurance to Practice
Manageme...tions and the like. Such a boundless definition is therefore unreasonable. (Citations
omitted). AFFIRMED. BOOTH, SMITH and BARFIELD, JJ., concur.


687-CITE: 538 So.2d 130 Antone KOULIAS, Appellant, v. TARPON MARINE WAYS, Appellee.
TEXT: JOANOS, Judge. Antone Koulias has appealed from an order of the deputy commissioner holding
...emand for additional findings on the disability and medical care which is causally related to the
compensable injury. BOOTH and MINER, JJ., concur.


688-CITE: 586 So.2d 74 Blanche GOODLET, individually, and as Personal Representative of the Estate of
Terri Lynn Christy (Flateau), Appellant, v. Dr. Eric STECKLER, Appellee.

TEXT: ALTENBERND, Judge. Blanche Goodlet, the mother of Terri Lynn Christy and personal
representa... law which is to provide meaningful criteria for predictable consequences. Muller v.
Stromberg Carlson Corp., 427 So.2d 266, 270 (Fla. 2d DCA 1983).


689-CITE: 642 So.2d 831 Edward Charles McINNIS, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. Edward Charles McInnis appeals his conviction for aggravated battery. He
conten...*833 Accordingly, we reverse McInnis conviction for aggravated battery and remand for a
new trial. SCHOONOVER, A.C.J., and ALTENBERND, J., concur.


690-CITE: 467 So.2d 719 Charles D. THOMAS, Appellant, v. U HAUL OF WEST COAST FLORIDA and Insurance
Company of North America, Appellees.

TEXT: JOANOS, Judge. This is an appeal from a workers compensation order denying claimant s
reques...puty s withdrawal. Affirmed in part, reversed in part, and remanded for proceedings
consistent with this opinion. MILLS and BARFIELD, JJ., concur.


691-CITE: 463 So.2d 446 In re The ESTATE OF Harold HAYWARD, Deceased.
TEXT: PER CURIAM. The personal representative for the estate of Harold Hayward brings this
non-fin...epresentative has an adequate remedy by appeal. Accordingly, the writ of certiorari is
denied. ANSTEAD, C.J., and GLICKSTEIN and DELL, JJ., concur.


692-CITE: 431 So.2d 202 Eduardo LAVIN, Appellant, v. ALTON BOX BOARD COMPANY and Hartford Insurance
Group, Appellees.

TEXT: MILLS, Judge. Lavin appeals and the employer carrier (E C) cross appeals from the deputy
com...rtion of the order awarding catastrophic loss benefits is reversed. In all other respects, the
order is affirmed. JOANOS and THOMPSON, JJ., concur.


693-CITE: 512 So.2d 971 Janet WEBSTER, as Personal Representative of the Estate of Christopher Baine
Manniel, deceased, Appellant, v. VALIANT INSURANCE COMPANY, Appellee.

TEXT: SHARP, Judge. Janet Webster, personal representative of Christopher Manniel, her deceased
22...te Farm Mut. Auto Ins. Co., 69 Ohio St.2d 431, 433 N.E.2d 555 (1982); State Farm Mut. Auto Ins.
Co. v. Selders, 187 Neb. 342, 190 N.W.2d 789 (1971).


694-CITE: 430 So.2d 526 Edward E. HUMES, Edna Humes, his wife, and H.M. Lees, Appellants Cross
Appellees, v. NORFOLK AND DEDHAM MUTUAL FIRE INSURANCE COMPANY, Appellee Cross Appellant.

TEXT: DELL, Judge. In an action for personal injuries, the injured plaintiff, Edward E. Humes
(Hum...mmary final judgment in favor of Norfolk and remand this cause for trial on all issues.
REVERSED and REMANDED. GLICKSTEIN and WALDEN, JJ., concur.


695-CITE: 533 So.2d 859 David COHEN and Lynn Cohen, his wife, Appellants, v. Inez SCHRIDER, Ariel
Service Station, Inc., d b a Las Olas Chevron and The Southland Corp., d b a 7-11, a foreign
corporation licensed to do business in Florida, Appellees.

TEXT: DAUKSCH, JAMES C., Jr., Associate Judge. This is an appeal from a summary judgment in a
pers... summary judgment is reversed and this cause remanded for trial. REVERSED and REMANDED.
WALDEN, J., concurs. LETTS, J., dissents without opinion.


696-CITE: 659 So.2d 1128 Kathy L. THOMPSON, as Personal Representative of the Estate of Grant Charles
Thompson, deceased, and for and on behalf of Jessica Thompson, Julie Thompson, Melissa Marie
Thompson, surviving minor children of Grant Charles Thompson, and Kathy L. Thompson, individually,
Appellant, v. COKER FUEL, INC., a Florida corporation, Jerry H. Melendy, Jr., Norman Smith and Leroy
Brock, Appellees.

TEXT: BLUE, Judge. Kathy L. Thompson, as personal representative of the estate of Grant Charles
Th...eview denied, 574 So.2d 139 (Fla.1990), and Connelly v. Arrow Air, Inc., 568 So.2d 448 (Fla. 3d
DCA 1990), review denied, 581 So.2d 1307 (Fla.1991).


697-CITE: 528 So.2d 1225 A.D. BUILDERS, INC. and General Accident Insurance Company, Appellants, v.
Gregory JOHNSTON, Appellee.

TEXT: SHIVERS, Judge. In this workers compensation case, the employer carrier (E C) appeal the
fin...01 So.2d 63 (Fla. 1st DCA 1987). The remainder of the order is affirmed. AFFIRMED in part,
and REVERSED in part. MILLS and WIGGINTON, JJ., concur.


698-CITE: 689 So.2d 451 WINN DIXIE STORES, INC., a Florida corporation, Appellant Cross-Appellee, v.
Jack P. HARRIS, Appellee Cross-Appellant.

TEXT: FARMER, Judge. This appeal is from an order granting a motion for new trial and directing a
...at the end of all the evidence has waived the right to make that motion). AFFIRMED IN PART AND
REVERSED IN PART. STEVENSON and GROSS, JJ., concur.


699-CITE: 534 So.2d 735 Robert RAINIER, as Personal Representative of the Estate of Marie S. Houston,
Appellant, v. Mike CALHOUN, Appellee.

TEXT: NESBITT, Judge. The personal representative of an estate appeals an order awarding interest
...Pope, the Supreme Court held that the personal representative has an obligation to give personal
notice to known creditors of the decedent s estate.


700-CITE: 701 So.2d 94 ALLSTATE INDEMNITY COMPANY, Appellant, v. Elvia DIAZ, Appellee.
TEXT: SORONDO, Judge. Allstate Indemnity Company (Allstate), appeals an order granting the motion
...evidence of permanent injury. Louisiana-Pacific Corp. v. Mims, 453 So.2d 211 (Fla. 1st DCA 1984);
Swan v. Wisdom, 386 So.2d 574 (Fla. 5th DCA 1980).


701-CITE: 682 So.2d 641 James KINGSLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: GOSHORN, Judge. James Kingsley appeals the final judgment and sentence entered following a
v...94)), rev. granted, 659 So.2d 1087 (Fla.1995). AFFIRMED IN PART, REVERSED IN PART, REMANDED FOR
RESENTENCING. W. SHARP, and THOMPSON, JJ., concur.


702-CITE: 694 So.2d 96 Santiago RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: NESBITT, Judge. Santiago Rodriguez appeals a judgment of conviction and sentence for: (1)
le...ount 1, but reverse and remand for a new trial as to count 2. Affirmed in part, reversed in
part, and remanded for a new trial as discussed herein.


703-CITE: 570 So.2d 356 Lucy MANGASARIAN, Appellant, v. Gladys MERCURIO, as Personal Representative of
the Estate of Virginia Gabriel, Deceased, Appellee.

TEXT: PER CURIAM. The appellant, one-fifth beneficiary of her late sister s estate, filed a
petiti...acticable, shall be conducted similar to suits of a civil nature and the Florida Rules of
Civil Procedure shall govern, including entry of defaults.


704-CITE: 513 So.2d 139 THE FLORIDA BAR, Complainant, v. Robert J. WARD, Respondent.
TEXT: PER CURIAM. These consolidated bar disciplinary proceedings are before the Court for
conside...1,624.74, for which sum let execution issue. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.


705-CITE: 632 So.2d 100 Eugene BENSON, Appellant, v. OKEECHOBEE COUNTY SHERIFF S DEPARTMENT and ISAC,
Appellees.

TEXT: WEBSTER, Judge. In this workers compensation case, claimant seeks review of an order
denying... remanded with directions that a hearing be held on the merits of the claim. REVERSED and
REMANDED, with directions. JOANOS and KAHN, JJ., concur.


706-CITE: 573 So.2d 133 Thomas S. RUSSELL and June M. Russell, Appellants, v. C. Edward DALBY and
Professional Realty Consultants, Inc., Appellees.

TEXT: PARKER, Judge. Thomas S. Russell and June M. Russell, the plaintiffs, appeal a final
summary...deficiency in his motion for summary judgment. This opinion shall not be interpreted as
precluding Dalby from raising this issue in the trial court.


707-CITE: 569 So.2d 490 STEPHENS TRUCKING COMPANY and Claims Center, Appellants, v. Jimmie BIBBS,
Appellee.

TEXT: SHIVERS, Chief Judge. The employer carrier (E C) appeal an order finding claimant s
conditio... and remand with instructions to enter an order consistent with this opinion. See City of
Winter Springs v. Lane, 386 So.2d 802 (Fla. 1st DCA 1980).


708-CITE: 677 So.2d 1310 Enrico H. PALMIERI, Jr., Appellant, v. NAACO and American Policyholders Ins.
Co., Appellees.

TEXT: KAHN, Judge. In this workers compensation case, appellant asserts that the judge of
compensa...lity issue to overcome the staleness of Palmieri s live testimony. REVERSED and REMANDED
for a new hearing. BARFIELD, C.J., and DAVIS, J., concur.


709-CITE: 443 So.2d 282 Laurie GORDON, Appellant, v. Barry GORDON, Appellee.
TEXT: PER CURIAM. Laurie Gordon challenges the trial court s order dismissing with prejudice
Count...do equity and justice between the parties. Section 61.08, Fla.Stat. (1981); Hill; West.
AFFIRMED. OTT, C.J., and BOARDMAN and DANAHY, JJ., concur.


710-CITE: 523 So.2d 1208 Susan McCULLOUGH, etc., et al., Appellants, v. CENTRAL FLORIDA YMCA, etc.,
Appellee.

TEXT: COWART, Judge. An action was brought on behalf of children allegedly molested by an
employee...(FN3) See, e.g., Clemmons v. American States Insurance Co., 412 So.2d 906 (Fla. 5th DCA),
34 A.L.R. 4th 755, rev. denied, 419 So.2d 1196 (Fla.1982).


711-CITE: 556 So.2d 1245 WOOTEN, HONEYWELL & KEST, P.A., Petitioner, v. Lawrence K. POSNER, Respondent.

TEXT: DAUKSCH, Judge. This is before us on a petition for writ of certiorari to review an order
co...elevant and not lead to any relevant admissible evidence. CERTIORARI GRANTED; QUASHED. COBB,
J., concurs. W. SHARP, J., dissents without opinion.


712-CITE: 739 So.2d 118 M.R., individually and as next friend and legal and natural guardian of R.R.,
her minor child, Appellants, v. A.B.C., individually, and J. M., as personal representative of the
Estate of A.B.C., deceased, Appellees.

TEXT: COPE, J. The plaintiffs in a paternity action filed against A.B.C. appeal the denial of
thei...lement, there is no sound reason to require M.R. to begin a new suit. Reversed and remanded
with instructions to grant M.R. s motion to substitute.


713-CITE: 658 So.2d 1015 Carol SOUCY, Appellant, v. Hugh Dalton CASPER, III, and Rosemary L. WELLS,
Appellees.

TEXT: RAMIREZ, JUAN, JR., Associate Judge. This appeal is the companion case to Soucy v. Wells,
65...ll as through her and her counsel s uncontradicted affidavits to avoid summary judgment.
REVERSED AND REMANDED. DELL, C.J., and STONE, J., concur.


714-CITE: 691 So.2d 10 E. Lee BEAUMONT, as Personal Representative of the Estate of Marie L. Beaumont,
Appellant, v. Marie E. McCORMICK, Appellee.

TEXT: PER CURIAM. E. Lee Beaumont, as Personal Representative of the Estate of Marie L. Beaumont,
...late arguments in favor of his position, which we have carefully considered. In our view,
however, the trial court s judgment is correct. Affirmed.


715-CITE: 656 So.2d 491 CENTRAL FLORIDA REGIONAL HOSPITAL, INC., etc. Petitioner, v. Paul WAGER, et al.
Respondents. David C. Mowere, et al., Petitioners, v. Paul Wager et al., Respondents.

TEXT: PETERSON, Judge. The question presented by these consolidated petitions for writ of
certiora...DING A DETERMINATION BY THE HEARING OFFICER AS TO THE EXACT NATURE OF THE INFANT S
INJURY? PETERSON, C.J., and GOSHORN and THOMPSON, J.J., concur.


716-CITE: 618 So.2d 187 HILLSBOROUGH COMMUNITY MENTAL HEALTH CENTER, etc., Petitioner, v. Marjorie J.
HARR, etc., et al., Respondents. Sayyed HUSSAIN, M.D., Petitioner, v. Marjorie J. HARR, etc., et
al., Respondents.

TEXT: GRIMES, Justice. We review Harr v. Hillsborough Community Medical Health Center, 591 So.2d
1...pprove the decision of the district court of appeal. It is so ordered. BARKETT, C.J., and
OVERTON, McDONALD, SHAW, KOGAN and HARDING, JJ., concur.


717-CITE: 551 So.2d 1274 George DAVIDOFF, Appellant, v. Lisa Pace SEGERT, Appellee.
TEXT: PER CURIAM. Appellant seeks review of the trial court s order granting a motion for new
tria...Wild, Inc., 523 So.2d 181 (Fla. 5th DCA 1988); Russell v. Guider, 362 So.2d 55 (Fla. 4th DCA
1978). Affirmed. DOWNEY, STONE and POLEN, JJ., concur.


718-CITE: 485 So.2d 857 Lizzie M. JOHNS, APPELLANT v. STATE of Florida, DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, APPELLEE

TEXT: NIMMONS, Judge. Lizzie M. Johns, plaintiff in a negligence action against the appellee
defen...entered the premises, the going and coming rule is inapplicable. Doctor s Business Service
v. Clark, 11 F.L.W. 366 (Fla. 1st DCA, February 6, 1986).


719-CITE: 686 So.2d 732 Timothy COOLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Timothy Cooley appeals the order of restitution imposed following his
convict... victim s injury was the result of the criminal offense). Reversed and remanded.
CAMPBELL, A.C.J., and DAKAN, STEPHEN L., Associate Judge, concur.


720-CITE: 448 So.2d 1058 Teodoro J. TORRES and Victor Torres, Appellants, v. Leroy W. NELSON and Louis
J. Weinstein, Appellees.

TEXT: PER CURIAM. This is an appeal from a final summary judgment for the defendant attorneys in
a...negligent in this matter. The final summary judgment under review is reversed and the cause is
remanded to the trial court for further proceedings.


721-CITE: 506 So.2d 1142 Guion T. DE LOACH, Appellant, v. Carl E. WESTMAN, Interim Personal
Representative of the Estate of Margaret H. Benson, Deceased, Appellee.

TEXT: PER CURIAM. In this probate matter on attorney appeals from the order awarding the attorney
...therefore remand only for the entry of an order containing the findings required by Rowe. LEHAN,
A.C.J., and SANDERLIN and THREADGILL, JJ., concur.


722-CITE: 476 So.2d 311 Andrew CARNEGIE, Appellant, v. PAN AMERICAN LINEN, and Fred S. James & Co. of
Florida, Inc., Appellees.

TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which a claim
for...ternational Land Corp. v. May, IRC Order 2-3404 (1978), cert. dismissed 372 So.2d 466
(Fla.1979); Cutler v. Sterling Hotel, IRC Order 2-2195 (1977).


723-CITE: 467 So.2d 481 PEABODY INTERNATIONAL CORPORATION, a foreign corporation, Appellant, v. WYLAIN,
INC., Home Indemnity Company, etc. and Eve R. Klassen, etc., Appellees.

TEXT: SHARP, Judge. These consolidated appeals (FN1) present the identical issue of whether the
tr...not a sufficient objective fact to establish that Peabody s predecessor was doing business in
Florida. REVERSED. ORFINGER and COWART, JJ., concur.


724-CITE: 678 So.2d 454 Mario RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Judge. The appellant brings this appeal from a sentence of five years imprisonment
f...-- (FN1) The state did not raise the question whether the Karchesky issue was preserved for
appellate review; hence we do not address that question.


725-CITE: 655 So.2d 1305 Jerry M. PRUITT, Appellant, v. LOTSPEICH CO. OF FLORIDA, INC. and Feisco,
Appellees.

TEXT: ALLEN, J. The claimant challenges an order by which the judge of compensation claims denied
... days immediately preceding the injury. Accordingly, the order is reversed and the case is
remanded. BARFIELD, J., and SMITH, Senior Judge, concur.


726-CITE: 626 So.2d 1038 David WECKERLE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse Appellant s 1988 sentence for multiple counts of lewd and lascivious
.... Upon resentencing, the trial court is not precluded from departing from the guidelines if
grounds exist. HERSEY, STONE and PARIENTE, JJ., concur.


727-CITE: 664 So.2d 65 Kelly A. MILLS, Individually, as a Parent, and as Personal Representative of the
Estate of Alexis Rosenthal; and Jack Rosenthal, Individually and as a Parent of Alexis Rosenthal,
Appellants, v. NORTH BROWARD HOSPITAL DISTRICT, d b a Broward General Medical Center; Sunlife OB GYN
Services of Broward County, Inc.; Lherisson Domond, M.D.; and Lherisson Domond, M.D., P.A.,
Appellees.

TEXT: FARMER, Judge. (FN1) We reverse a final order of dismissal of plaintiffs medical
malpractice... Plan as a condition precedent to the providers invoking NICA as the patient s
exclusive remedy? REVERSED. GUNTHER, C.J., and WARNER, J., concur.


728-CITE: 702 So.2d 1302 Higinio RODRIGUEZ and Luz Rodriguez, Appellants, v. Claudine BRUTUS, a minor,
et al., Appellees.

TEXT: FLETCHER, Judge. Higinio Rodriguez and Luz Rodriguez appeal a final judgment after a jury
ve...ed with instructions to enter judgment for the defendants. ------------ (FN1) This court notes
that Claudine s candor and honesty are to be admired.


729-CITE: 727 So.2d 1049 Sherry HORNADAY and John Hornaday, her husband, Appellants, v. Nile A. GRADEN
and Jonathan Zurit, Deborah Kless and Abby Gail Brawer, as co-personal representatives of the Estate
of David Zurit (Deceased) and Allstate Insurance Company, Appellees.

TEXT: THREADGILL, Acting Chief Judge. In this personal injury action, the appellants, Sherry and
J...r payment before the refiled action can proceed. Affirmed in part, reversed in part.
CASANUEVA, J., and YOUNG, ROBERT A., Associate Judge, Concur.


730-CITE: 564 So.2d 581 Mari HEIDENSTRAUCH, Appellant, v. BANKERS INSURANCE COMPANY, a Florida
corporation, Appellee.

TEXT: HERSEY, Chief Judge. Mari Heidenstrauch brings this appeal questioning the
constitutionality...d we have no quarrel with the rationale behind that holding. Accordingly, we
follow Verdecia and affirm. AFFIRMED. DOWNEY and WALDEN, JJ., concur.


731-CITE: 571 So.2d 92 Guy THEIS, II, as Personal Representative of the Estate of Guy W. Theis, III,
Appellant, v. J & J RACING PROMOTIONS, Florida State Fairgrounds Speedway, Inc., and John Scalise,
Appellees.

TEXT: CAMPBELL, Judge. Appellant, Guy Theis, II, as personal representative of the estate of Guy
W.... L. Luria & Son, Inc. v. Honeywell, Inc., 460 So.2d 521 (Fla. 4th DCA 1984). The summary
judgment is affirmed. LEHAN and THREADGILL, JJ., concur.


732-CITE: 608 So.2d 942 Peter TINSLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Defense counsel s Anders (FN1) brief directs our attention to an inconsistency
b...der which appellant wished to enter a plea and then correcting the judgment, if necessary.
REMANDED. W. SHARP, PETERSON, and GRIFFIN, JJ., concur.


733-CITE: 433 So.2d 655 Abraham L. PIERCE, a k a Abe L. Pierce and Delores Pierce, as Personal
Representative, for the estate of Verus Pierce, Appellants, v. AMERICAN BANK & TRUST COMPANY, a
Louisiana Banking Corporation, Appellee.

TEXT: PER CURIAM. Delores Pierce, as personal representative of the estate of Verus Pierce, and
Ab...n failed to timely file a claim against the estate. The judgment against Abraham L. Pierce is
affirmed. ERVIN, THOMPSON and WIGGINTON, JJ., concur.


734-CITE: 458 So.2d 862 Virginia DARBY, Appellant, v. Aaron L. SHEFFER and Liberty Mutual Insurance
Company, Appellees. Virginia DARBY, Appellant, v. Aaron L. SHEFFER, Appellee.

TEXT: GREEN, OLIVER L., Jr., Associate Judge. This is an appeal from a Final Judgment and an
Order...ter for consideration by the trial judge upon conclusion of the new trial. REVERSED AND
REMANDED WITH DIRECTIONS. WALDEN and BARKETT, JJ., concur.


735-CITE: 601 So.2d 1241 RELIANCE INSURANCE COMPANY, Appellant, v. LAZZARA OIL COMPANY, Appellee.
TEXT: LEHAN, Judge. This is an appeal in a declaratory judgment case from a summary judgment
decla...sured. Reversed and remanded for entry of a judgment for the insurance company consistent
with this opinion. RYDER, A.C.J., and PARKER, J., concur.


736-CITE: 521 So.2d 122 UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. Marilyn FITZGERALD,
Appellee.

TEXT: GLICKSTEIN, Judge. This appeal involves a very similar problem to that considered by the
Fif...to the uninsured motorists insurance contract, and need not pursue her remedy under the
wrongful death statute. HERSEY, C.J., and DELL, J., concur.


737-CITE: 714 So.2d 469 Aaron Keith MATTHEWS, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. In this appeal from convictions and sentences for aggravated assault on a
law... victim injury points and the sentence, and remand with directions that the trial court
resentence appellant based upon the scoresheet as corrected.


738-CITE: 698 So.2d 642 Larry M. O BRIEN and Lori Wise O Brien, Appellants, v. Sheila L. RUSSELL,
Appellee.

TEXT: PER CURIAM. Larry O Brien, the plaintiff in a personal injury case, appeals from the denial
...d 575, 576 (Fla. 3d DCA 1992) ( [A]ffirmative testimony regarding a mechanical failure will serve
to rebut the negligence presumption. ). Affirmed.


739-CITE: 555 So.2d 372 Michael TODOROVICH, Appellant, v. John W. WOLFNER, Appellee.
TEXT: PER CURIAM. In an action for slander, the plaintiff, Jack Wolfner, placed before the jury
as... (Fla.1987), cert. denied, 484 U.S. 1020, 108 S.Ct. 733, 98 L.Ed.2d 681 (1988). Wolfner s
damage claim did not involve a character issue. Affirmed.


740-CITE: 491 So.2d 350 NEWARK ELECTRONICS, a division of D-A LUBRICANT COMPANY, INC., a subsidiary of
Premier Industrial Corporation, Appellant, v. Barry M. FARBER, Appellee.

TEXT: PER CURIAM. This cause is affirmed without prejudice to the appellant to reapply to the
tria...multiplicity of suits. We cite the above decision because Ohio law controls this cause.
AFFIRMED. HERSEY, C.J., and LETTS and WALDEN, JJ., concur.


741-CITE: 514 So.2d 3 Joseph BASKIN, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The sole issue raised by appellant in his initial brief is that the trial court
...1st DCA 1987). Accordingly, appellant s sentence is vacated and this cause is remanded for
resentencing. MILLS, WENTWORTH and NIMMONS, JJ., concur.


742-CITE: 709 So.2d 196 Raul BETANCOURT, et al., Appellants, v. CITY OF MIAMI, etc., et al., Appellees.

TEXT: PER CURIAM. Raul Betancourt, the plaintiff in a personal injury action brought against the
C...as not sufficient to give rise to a claim for estoppel. See Brown v. State Dept of Corrections,
701 So.2d 1211, 1213 (Fla. 1st DCA 1997). AFFIRMED.


743-CITE: 600 So.2d 1265 Francis JONES, As Personal Representative for the Estate of Dean Jones,
Appellant Cross-Appellee, v. Robert ZAGRODNIK and Home Insurance, Appellees Cross-Appellants.

TEXT: HARRIS, Judge. Dean Jones was killed in a collision with a negligent Roger Zagrodnik. With
J... the deceased as was the husband s consortium claim in Hart. Direct appeal--AFFIRMED.
Cross-appeal--REVERSED. GOSHORN, C.J., and COBB, J., concur.


744-CITE: 520 So.2d 73 Lourdes VEGA and Cecilio Vega, Appellants, v. TRAVELERS INDEMNITY COMPANY, a
foreign corporation, Appellee.

TEXT: JORGENSON, Judge. Lourdes and Cecilio Vega brought an action to recover medical expenses,
lo...proved, 467 So.2d 281 (Fla.1985); Comment, The Other Insurance Crisis: Bad Faith Refusal to Pay
First-Party Benefits, 15 Fla.St.U.L.Rev. 521 (1987).


745-CITE: 695 So.2d 832 Christine A. BROYLES and Robert E. Broyles, Petitioners, v. John Edward REILLY
and Mary J. Reilly, Respondents.

TEXT: PER CURIAM. We grant Christine and Robert Broyles petition for certiorari and quash the
pret...the plaintiff at a compulsory examination held pursuant to rule 1.360. Certiorari granted.
PARKER, A.C.J., and PATTERSON and LAZZARA, JJ., concur.


746-CITE: 652 So.2d 897 Yolanda SANGIOVANNI, wife, and Domenico Sangiovanni, husband, Appellants, v.
Edward W. STENGLE, Janet Walker and Wadley s Flowers, jointly and severally, Appellees.

TEXT: FULMER, Judge. The plaintiffs appeal from a final summary judgment based on a general
releas... fact remained, and summary judgment was improper. Reversed and remanded for proceedings
consistent herewith. RYDER, A.C.J., and BLUE, J., concur.


747-CITE: 546 So.2d 1079 CITY OF MIAMI, Appellant, v. Arthur ROBY, Appellee.
TEXT: BARKDULL, Judge. The appellee Roby was involved in a rear-end collision with a car driven
by...; Clooney v. Getting, 352 So.2d 1216 (Fla. 2d DCA 1978); Ervin v. Chaney, 160 So.2d 139 (Fla.
1st DCA 1964). Reversed and remanded with directions.


748-CITE: 657 So.2d 64 WINN DIXIE and Crawford & Company, Appellants, v. James ROBINSON, Appellee.
TEXT: BARFIELD, Judge. The employer and servicing agent (E SA) appeal from a worker s
compensation...SED. The matter is remanded to the JCC for reconsideration, including the
presentation of further evidence, if needed. KAHN and DAVIS, JJ., concur.


749-CITE: 624 So.2d 799 CITY OF ORLANDO and Alexsis Risk Management, Appellants, v. Harold WILKINSON,
Appellee.

TEXT: WOLF, Judge. City of Orlando and Alexsis Risk Management, the employer and servicing agent
(...ant s entitlement to benefits. SMITH and MICKLE, JJ., concur. ------------ (FN2) The claimant
was also not at MMI at the time of the second injury.


750-CITE: 721 So.2d 418 Gladys CONNORS, Appellant, v. SEARS, ROEBUCK & COMPANY, Appellee.
TEXT: TAYLOR, Judge. In this appeal from a final judgment entered on a defense verdict in a slip
a...th Dobek that appellant failed to preserve this issue for appellate review, we affirm the
judgment below. AFFIRMED. DELL and SHAHOOD, JJ., concur.


751-CITE: 591 So.2d 1051 Marjorie J. HARR, individually, and as Personal Representative of the Estate of
Michael L. Harr, Decedent, Appellants, v. HILLSBOROUGH COMMUNITY MEDICAL HEALTH CENTER, now known as
MHC, Inc., and Sayyed Hussain, M.D., Appellees.

TEXT: SCHEB, Acting Chief Judge. The appellant, Marjorie J. Harr, individually and as personal
rep...NTIFF HAS ADDITIONAL NOTICE THAT THE INJURY IN FACT RESULTED FROM AN INCIDENT INVOLVING A
HEALTH CARE PROVIDER? LEHAN and ALTENBERND, JJ., concur.


752-CITE: 559 So.2d 441 Christopher C. CRAWFORD, Appellant, v. LOVE MOBILE HOMES, INC., etc., Appellee.

TEXT: GOSHORN, Judge. This appeal arises from a jury verdict in a personal injury case. The trial
... 475 So.2d 256 (Fla. 3d DCA 1985). AFFIRMED in part, REVERSED in part, and REMANDED for new
trial on all issues. DAUKSCH and GRIFFIN, JJ., concur.


753-CITE: 511 So.2d 313 Lucille WILSON, as Personal Representative of the Estate of Scott Wilson,
deceased, Appellant, v. BOCA RATON COMMUNITY HOSPITAL, INC., a Florida corporation, and Terry Cohen,
M.D., Appellees.

TEXT: LETTS, Judge. This appeal stems from a final judgment based on a jury verdict absolving a
tr... the part of TERRY COHEN, M.D., in his care and treatment of SCOTT WILSON, which was the legal
cause of death of SCOTT WILSON? YES ____ NO ___NO___


754-CITE: 435 So.2d 931 GREAT DANE TRAILERS and Jones, Hill & Mercer, Appellants, v. Langene FLIS,
Appellee.

TEXT: ROBERT P. SMITH, Jr., Judge. In October 1980, while lifting the heavy fork of his employer
s...re restrictive, interpretation of section 440.34(3)(c). There is no other error in the deputy s
order. AFFIRMED. SHIVERS and NIMMONS, JJ., concur.


755-CITE: 580 So.2d 190 Howard LEVY, Appellant, v. The TRAVELERS INSURANCE COMPANY and Aetna Casualty
and Surety Company, Appellees.

TEXT: DOWNEY, Judge. The insured, Howard Levy, appeals from a final order dismissing his
complaint...h opinion. FRANK, Associate Judge, dissenting. I adhere to my concurrence in Fladd v.
Fortune Insurance Company, 530 So.2d 388 (Fla. 2d DCA 1988).


756-CITE: 537 So.2d 160 Keith M. OLENEK, Appellant, v. Marguerite A. BENNETT, as Personal Representative
of the Estate of Ann M. Koch, deceased, et al., Appellee.

TEXT: DAUKSCH, Judge. This is an appeal from a dismissal under section 733.702, Florida Statutes
(...state. The order of dismissal is reversed and this cause remanded for further proceedings.
REVERSED AND REMANDED. COWART and DANIEL, JJ., concur.


757-CITE: 630 So.2d 678 David A. BOWER, Appellant, v. C.J. TIMM INVESTMENT COMPANY, Appellee.
TEXT: RYDER, Acting Chief Judge. David A. Bower seeks review of the denial of his motion to
dismis...is issue. Accordingly, we reverse and remand to the trial court to grant the motion to
dismiss as to Bower. PATTERSON and ALTENBERND, JJ., concur.


758-CITE: 489 So.2d 1228 Stanley Edward DIGGS, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a conviction and sentence for sexual battery. As to
t...ontents of the letter. CONVICTION AFFIRMED; SENTENCE VACATED and REMANDED FOR RESENTENCING.
COWART, J., and CAMPBELL, M., Associate Judge, concur.


759-CITE: 710 So.2d 5 Nicolina Galloway KOCH, Appellant, v. Michael KIMBALL, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant challenges the court order denying her motion to
dis...onclude that jurisdiction is proper under *8 Florida s long arm statute and due process.
Accordingly, we affirm. ALTENBERND and GREEN, JJ., concur.


760-CITE: 692 So.2d 941 Mary H. ENRIQUEZ, Appellant, v. Nicole A. CLARK, Appellee.
TEXT: GRIFFIN, Judge. This appeal raises questions concerning the amounts which should be set off
... set off the amount of Clark s PIP deductible, Section 627.739(1). AFFIRMED in part; REVERSED in
part, and remanded. COBB and ANTOON, JJ., concur.


761-CITE: 596 So.2d 81 CNA INSURANCE COMPANY, Appellant, v. KEMPER INSURANCE COMPANY, Waste Management
and Dee Gaskill, Appellees.

TEXT: ALLEN, Judge. In this workers compensation appeal, CNA Insurance Company, hereinafter CNA,
a...dingly, we remand for the judge s determination of the specific amount of benefits for which
Kemper is liable. JOANOS, C.J., and BOOTH, J., concur.


762-CITE: 528 So.2d 1212 Robert FENNELL, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. Appellant was convicted of two counts of attempted second-degree murder. The
i...mith v. State, 501 So.2d 139 (Fla. 2d DCA 1987). In all other respects, the motion for
rehearing is denied. ANSTEAD, DELL and STONE, JJ., concur.


763-CITE: 687 So.2d 82 ALLSTATE INSURANCE CO., Appellant, v. Sandra Garrison NEVILLE, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment awarding attorney fees in a personal
injur... by the plaintiff is a prerequisite to the entitlement to attorney fees. The fee judgment is
reversed. REVERSED. HARRIS and THOMPSON, JJ., concur.


764-CITE: 473 So.2d 235 NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Appellant, v. Marie H. ROBERTAZZI,
as personal representative of the Estate of William John Robertazzi, deceased, for the benefit of
the decedents, survivors and Estate, and Marie H. Robertazzi, individually, Appellee.

TEXT: PER CURIAM. We reverse the partial summary judgment entered in favor of Marie H. Robertazzi
...arvey v. Craw, 264 A.2d 448 (N.J.Super.Ct.App.Div.1970). Reversed and remanded with
instructions. HERSEY, C.J., and LETTS and WALDEN, JJ., concur.


765-CITE: 525 So.2d 424 UNITED PARCEL SERVICE OF AMERICA, INC. and Richard B. Hackelton, Appellants, v.
ENFORCEMENT SECURITY CORPORATION, Appellee.

TEXT: BOOTH, Judge. This cause is before us on appeal from a final order granting appellee
Enforce... reinstate ESC as a third-party defendant, and remand for further proceedings in
accordance with this opinion. THOMPSON and WIGGINTON, JJ., concur.


766-CITE: 614 So.2d 1213 UNITED SERVICES AUTOMOBILE ASSOCIATION, Petitioner, v. Kimberly F. CREWS,
Respondent.

TEXT: GUNTHER, Judge. In this bad faith action brought by its insured, Crews, USAA seeks
certiorar...at least look at those communications in camera to ascertain that they do actually fit
into that class before deciding the claim of privilege issue.


767-CITE: 435 So.2d 936 Gerda MEYER, Appellant, v. CARIBBEAN INTERIORS, INC., Appellee.
TEXT: JORGENSON, Judge. Gerda Meyer, the lessor of certain warehouse property, appeals the final
j...ee s] recovery of the damages prayed. Id. at 1042-43. We agree with the reasoning and
conclusion in Smith. Reversed and remanded with directions.


768-CITE: 622 So.2d 1146 In re the Estate of Russell B. DOUGLAS, Deceased. Lawrence H. DOUGLAS,
Appellant, v. Abraham M. BUCHMAN, as Personal Representative and Trustee of the Estate of Russell B.
Douglas, and Lloyd G. Magee, as Personal Representative of the Estate of Wilma M. Douglas and as
Trustee of the Wilma M. Douglas Revocable Trust, Appellees.

TEXT: CAMPBELL, Judge. Appellant, Lawrence H. Douglas, son of the testator, challenges the trial
c...l *1147 representative. Accordingly, we affirm the proceedings below which are the subject of
this appeal. FRANK, C.J., and THREADGILL, J., concur.


769-CITE: 433 So.2d 542 In re ESTATE OF Henry EISENBERG, Deceased.
TEXT: GLICKSTEIN, Judge. This is an appeal by a removed personal representative from that portion
...r evidence thereon is appropriate. DELL and WALDEN, JJ., concur. ------------ (FN3) Citing to
Henderson v. Ewell, 111 Fla. 324, 149 So. 372 (1933).


770-CITE: 605 So.2d 968 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Guido GOMEZ,
Appellee.

TEXT: COPE, Judge. State Farm Mutual Automobile Insurance Company appeals an adverse final
judgmen... the motion for directed verdict was unpled and unfairly surprised the insurer. *971 and
the cause remanded for a new trial. Reversed and remanded.


771-CITE: 705 So.2d 643 Martha TRES, as Personal Representative of the Estate of Julio R. Paula,
deceased, Appellant, v. ROYAL SURPLUS LINES INSURANCE COMPANY, Appellee.

TEXT: FLETCHER, Judge. Martha Tres, in her capacity as personal representative of the estate of
Ju... it will be conclusively presumed that there was an informed, knowing rejection of coverage or
election of lower limits on behalf of all insureds.


772-CITE: 528 So.2d 972 Jonathan RICHARDS, Appellant, v. Susan R. RICHARDS, as Personal Representative
of the Estate of David Theodore Richards a k a Ted Richards, Deceased, Appellee.

TEXT: PER CURIAM. AFFIRMED. HERSEY, C.J., and DELL, J., concur. WALDEN, J., dissents with
opinio...ate of Collin, 279 So.2d 48 (Fla. 4th DCA 1973); Taylor v. Hopkins, 472 So.2d 1355 (Fla.
5th DCA 1985), and remand for a proper evidentiary hearing.


773-CITE: 626 So.2d 232 Donald Ray ELDRIDGE, as Personal Representative of the Estate of Jeffrey A.
Eldridge, deceased, Appellant, v. RIDDELL, INC., Appellee.

TEXT: PER CURIAM. AFFIRMED. GLICKSTEIN, C.J., concurs. FARMER, J., dissents with opinion. *233
...er gained acceptance in the sports industry as a safety device. *234 in not testing and marketing
the product was the proximate cause of the injury.


774-CITE: 752 So.2d 1266 UNION AMERICAN INSURANCE COMPANY, Appellant, v. Clifford E. MAYNARD, Lencon,
Inc., Paul Leonard, and Lynn A. Pitts, as Personal Representative of the Estate of John A. Pitts,
deceased, Appellees.

TEXT: GROSS, J. The salient facts of this case are not in dispute. Union American Insurance
Compan...the endorsement on the language of the policy that creates the ambiguity which compels the
result we reach. AFFIRMED. DELL and STONE, JJ., concur.


775-CITE: 546 So.2d 131 METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida,
Appellant, v. Daniel A. WICK, as Personal Representative of the Estate of Wanda S. McCall, Deceased,
Appellee. The PUBLIC HEALTH TRUST OF DADE COUNTY, Florida, which operates and maintains Jackson
Memorial Hospital, Appellant, v. Daniel A. WICK, Esquire, as Personal Representative of the Estate
of Wanda S. McCall, Deceased, Appellee.

TEXT: PER CURIAM. Affirmed. Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478,
10... LEVY, JJ. TEXT: PER CURIAM. Affirmed. Tulsa Professional Collection Services, Inc. v. Pope,
485 U.S. 478, 108 S.Ct. 1340, 99 L.Ed.2d 565 (1988).


776-CITE: 717 So.2d 1111 Irene McGREEVEY, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. McGreevey challenges her sentence of 66 months incarceration on the ground
...t versus moderate injury prior to sentencing. AFFIRMED in part; REVERSED and REMANDED.
THOMPSON, J., concurs. COBB, J., dissents without opinion.


777-CITE: 613 So.2d 101 Mae DE FERRARI, Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, etc.,
Appellee.

TEXT: Revised Opinion on Rehearing NESBITT, Judge. On Mae De Ferrari s motion for rehearing and
r...ut. Auto Ins. Co., 360 F.Supp. 223 (S.D.Fla.1972), aff d, 480 F.2d 923 (5th Cir.1973). For the
foregoing reasons, the summary judgment is affirmed.


778-CITE: 689 So.2d 1293 PLANTATION-PIONEER INDUSTRIES CORPORATION, a Michigan Corporation, Appellant,
v. Yvonne M. KOEHLER and Omega Insurance Company, as Subrogee of Yvonne M. Koehler, and Kmart
Corporation, a Michigan Corporation, Appellees.

TEXT: PER CURIAM. Plaintiffs Yvonne Koehler and her insurance carrier sued KMart and appellant
Pla...s to dismiss the amended complaint against Plantation, without prejudice, for lack of personal
jurisdiction. STONE, SHAHOOD and GROSS, JJ., concur.


779-CITE: 704 So.2d 630 Michael PIZZARELLI and Michele Pizzarelli, as parents and natural guardian of
Carlene Pizzarelli, a minor, Appellants, v. Jane ROLLINS and Dasha Marie Cates, Appellees.

TEXT: ENGLANDER, PATTI HENNING, Associate Judge. The issue before this Court is whether a jury s
a...SED FOR SET-OFFS FOR FUTURE COLLATERAL SOURCES. AFFIRMED IN PART, REVERSED IN PART AND
REMANDED WITH INSTRUCTIONS. DELL and GUNTHER, JJ., concur.


780-CITE: 501 So.2d 141 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation,
Appellant, v. Anna P. McCLURE, Individually and as Personal Representative of the Estate of Thomas
Alexander McClure, Deceased, Appellee.

TEXT: SCHEB, Judge. State Farm Mutual Automobile Insurance Company appeals a final summary
judgmen...udgment awarded appellant and direct the trial court to enter final summary judgment in
favor of the appellee. DANAHY, C.J., and FRANK, J., concur.


781-CITE: 716 So.2d 850 Bruce CODDINGTON, Appellant, v. John STAAB also known as Jack Staab, Appellee.
TEXT: SHAHOOD, Judge. This appeals arises from Final Judgment following entry of Judgment on the
P... reference to recovery for emotional distress. *852 REVERSED AND REMANDED WITH DIRECTIONS.
WARNER, J., and BRYAN, BEN L., Associate Judge, concur.


782-CITE: 722 So.2d 231 Elizabeth SCOTT, as Personal Representative of the Estate of Peter Scott, a
minor, deceased; Linda Hanson, as Personal Representative of the Estate of Aaron Ebbert, a minor,
deceased; Edward Smith and Joan Smith, as Personal Representatives of the Estate of James Smith, a
minor, deceased, Appellants, v. The HERTZ CORPORATION, Appellee.

TEXT: PER CURIAM. The Appellants, plaintiffs below, appeal the denial of their motions to file
ame... did not *232 abuse its discretion in denying leave to amend. Accordingly, we affirm.
Affirmed. BLUE, A.C.J., and FULMER and WHATLEY, JJ., Concur.


783-CITE: 617 So.2d 455 MORGAN INTERNATIONAL REALTY, INC., et al., Appellants, v. DADE UNDERWRITERS
INSURANCE AGENCY, INC., Appellee.

TEXT: NESBITT, Judge. Insureds, Morgan International Realty, Inc. (Morgan Realty) and Giaconda
Web...art of the order finding no duty to indemnify for punitive damages under that policy is
affirmed. Affirmed in part, reversed in part, and remanded.


784-CITE: 434 So.2d 1007 Ross HILLSON, Appellant, v. FLORIDA STEEL CORP., Appellee.
TEXT: MILLS, Judge. In this workers compensation appeal, Hillson seeks review of the deputy
commis... 20% impairment rating was based on other injuries. The denial of PPD benefits was,
therefore, correct. Affirmed. BOOTH and SHIVERS, JJ., concur.


785-CITE: 506 So.2d 1183 In re The GUARDIANSHIP OF Bret MACOLINO, Minor Child. John MACOLINO, Appellant,
v. STATE of Florida, Appellee.

TEXT: PER CURIAM. In anticipation of the settlement of a personal injury claim on behalf of his
mi...ourt of Putnam County to the circuit court of Marion County, Florida. REVERSED AND REMANDED.
UPCHURCH, C.J., and ORFINGER and COWART, JJ., concur.


786-CITE: 485 So.2d 11 Lila N. DICKERSON and Bertha Fanning, Appellants, v. Walter SHIKANY, Appellee.
TEXT: PER CURIAM. Lila Dickerson and Bertha Fanning, as personal representatives of the decedent
s...1960). The court made no finding that its earlier ruling was erroneous, and we conclude that the
earlier ruling was correct. Reversed and remanded.


787-CITE: 533 So.2d 959 S.N. KNIGHTS & SONS and the Claims Center, Appellants, v. Leo Patrick MARTIN,
Appellee.

TEXT: PER CURIAM. The employer appeals an order failing to rule on all pending issues which were
r...ersed and remanded to the deputy to conduct further proceedings, if necessary, and to rule on
this issue. BOOTH, SHIVERS and THOMPSON, JJ., concur.


788-CITE: 526 So.2d 769 Rakesh GUGLIANI, Appellant, v. The SHIPPING CORPORATION OF INDIA, LTD., et al.,
Appellees.

TEXT: SCHWARTZ, Chief Judge. This is an appeal from a summary judgment for the defendant
shipowner...t Republics, 761 F.2d 370 (7th Cir.1985); Persinger v. Islamic Republic of Iran, 729
F.2d 835 (D.C.Cir.1984); Tucker, 620 F.Supp. at 578. Affirmed.


789-CITE: 661 So.2d 1295 Jesus Maria ESPANA, Petitioner, v. Hilda REDNERIS, Respondent.
TEXT: PER CURIAM. We grant the petition for writ of certiorari and quash the order of the trial
co...general rule. The order requiring petitioner to appear for a discovery deposition in Dade
County is quashed. WARNER, POLEN and KLEIN, JJ., concur.


790-CITE: 450 So.2d 895 AVALON MARION I.C.F. and Shelby Mutual Insurance Company, Appellants, v. James
H. STARK, Appellee.

TEXT: WIGGINTON, Judge. Appellants, employer carrier, appeal the deputy commissioner s order
award...rily limited his income. Therefore, the deputy commissioner s award of wage loss benefits
was not error. AFFIRMED. MILLS and SHIVERS, JJ., concur.


791-CITE: 682 So.2d 693 Ronald W. GILLINS and Shirley Gillins, Appellants, v. TROTWOOD CORPORATION,
Appellee.

TEXT: GRIFFIN, Judge. This is an appeal of a non-final order granting a motion to dismiss for
lack...d THOMPSON, JJ., concur. ------------ (FN2) See also Redwine v. Franz Plasser
Bahnbaumaschinen Industriegesellschaft, 794 F.Supp. 1062 (D.Kan.1992).


792-CITE: 502 So.2d 1378 R.G. INDUSTRIES, INC., Petitioner, v. Honorable James B. BALSIGER, as Acting
Circuit Court Judge, Respondent.

TEXT: PER CURIAM. We treat this petition for writ of prohibition as a petition for certiorari.
Fla...controversy may well be moot inasmuch as the personal representative has now filed the
wrongful death suit accompanied by fulsome discovery efforts.


793-CITE: 529 So.2d 778 NEW HAMPSHIRE INSURANCE COMPANY, INC., Appellant, v. FLORIDA ORTHOPEDICS, INC.,
a k a Fla. Orthopedics, Inc., Gerson Greenbarg, a k a Gus Greenbarg, Eric Kalik, Appellees.

TEXT: PER CURIAM. We reverse a summary judgment holding the New Hampshire Insurance Company
liable...Mutual Fire Insurance Co., 470 So.2d 810 (Fla. 1st DCA 1985). See also Butler v. Michigan
Mutual Insurance Co., 402 So.2d 949 (Ala.1981). Reversed.


794-CITE: 498 So.2d 688 Richard WALKER, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Walker appeals from the trial court s denial of his motion for post conviction
r... reversed, and his absence did not constitute error. Garcia v. State, 492 So.2d 360 (Fla.1986).
Accordingly, the order denying relief is Affirmed.


795-CITE: 698 So.2d 400 Andres ALTABA and Rafael Acevedo, Petitioners, v. Evita LANCIOTTI, as Personal
Representative of the Estate of Jose Antonio Lanciotti, Respondent.

TEXT: COPE, Judge. Andres Altaba and Rafael Acevedo petition for a writ of certiorari to quash a
c...owen v. Bowen, 471 So.2d 1274, 1277-79 (Fla.1985). For the stated reasons, we grant the
petition and quash the contempt order. Certiorari granted.


796-CITE: 557 So.2d 1349 THE FLORIDA BAR, Complainant, v. John N. SAMAHA, Respondent.
TEXT: PER CURIAM. The Florida Bar petitions this Court to review the referee s report
recommending...ssue. It is so ordered. EHRLICH, C.J., and McDONALD, SHAW, BARKETT, GRIMES and
KOGAN, JJ., concur. OVERTON, J., did not participate in this case.


797-CITE: 502 So.2d 65 In re the ESTATE OF John P. BRONK, Deceased. ST. PAUL FIRE AND MARINE INSURANCE
COMPANY, Appellant, v. Daniel A. BRONK, as Personal Representative of the Estate of John P. Bronk,
Deceased, Appellee.

TEXT: PER CURIAM. A judgment for attorneys fees and costs awarded to a successful defendant in a
m...only against the assets of the estate. Johnson v. Schneegold, 419 So.2d 684 (Fla. 2d DCA 1982).
AFFIRMED. SMITH, JOANOS and BARFIELD, JJ., concur.


798-CITE: 716 So.2d 324 Robert FOULDS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robert Foulds challenges the trial court s order partially denying his motion
fo... range. See Section 921.001(6), Fla.Stat. (1993); Gibson v. State, 661 So.2d 288 (Fla.1995).
FRANK, A.C.J., and THREADGILL and QUINCE, JJ., concur.


799-CITE: 673 So.2d 121 Carolyn KAHLE and Bruce Kahle, and Preferred Risk Mutual Insurance Company, a
foreign corporation, Appellants Cross-Appellees, v. Becky PREWITT, Appellee Cross-Appellant.

TEXT: PER CURIAM. This is an appeal and cross-appeal from an amended final judgment. We reverse
an...he parties are in agreement that it is error not to permit interest to accrue upon same as was
done here. GLICKSTEIN, STONE and GROSS, JJ., concur.


800-CITE: 542 So.2d 469 Helen KOPACZ, Appellant, v. JACK ECKERD CORPORATION, etc., Appellee.
TEXT: PER CURIAM. This is appeal from a summary judgment in a personal injury case. The trial
cour...The judgment is reversed and this cause remanded for trial. REVERSED. *470 DAUKSCH and
GOSHORN, JJ., concur. SHARP, C.J., concurs in result only.


801-CITE: 469 So.2d 925 Mark COLE and State Farm Mutual Insurance Company, Appellants, v. SOUTHEASTERN
FIDELITY INSURANCE COMPANY, Appellee.

TEXT: SCHWARTZ, Chief Judge. This case presents the now familiar problem of resolving the rights
o...27.736 (emphasis added). See Reliance Insurance Co. v. Maryland Casualty Co., 453 So.2d 854
(Fla. 4th DCA 1984). I would affirm the judgment below.


802-CITE: 660 So.2d 754 CITY OF CLEARWATER and Gallagher Bassett Services, Inc., Appellants, v. Judi
ACKER, Appellee.

TEXT: PER CURIAM. Appellant seeks reversal of a workers compensation order allowing recovery for
c... stress disorder, the order is AFFIRMED. See City of Holmes Beach v. Grace, 598 So.2d 71
(Fla.1992). ZEHMER, C.J., and ALLEN and KAHN, JJ., concur.


803-CITE: 512 So.2d 233 Bruce D. PLATZEK, M.D., Appellant, v. ROCK-A-WAY, INC., and Transamerica Ins.
Group, Appellees.

TEXT: WENTWORTH, Judge. Appellant seeks review of a workers compensation order by which a doctor
s...re should have considered the merits of appellant s claim. The order appealed is reversed and
the cause remanded. MILLS and BARFIELD, JJ., concur.


804-CITE: 439 So.2d 301 LUMBERMENS MUTUAL CASUALTY COMPANY, Appellant, v. Jose HERRERA and Adelma
Herrera, Appellees.

TEXT: PER CURIAM. Lumbermens Mutual Casualty Company appeals an adverse final judgment entered
bel...ctibles. See Kwechin v. Industrial Fire & Casualty Co., 409 So.2d 28 (Fla. 3d DCA 1981). The
final judgment under review is, accordingly, Affirmed.


805-CITE: 711 So.2d 179 John W. HENRY, Appellant, v. ENTERTAINMENT DESIGN, INC., and AmPro Systems
Corporation, Appellees.

TEXT: SHAHOOD, Judge. Appellant, John W. Henry ( Henry ), challenges the Final Judgment entered
in...epresentation, we accordingly affirm the trial court s denial of the motion for relief from
verdict. AFFIRMED. GLlCKSTEIN and WARNER, JJ., concur.


806-CITE: 686 So.2d 625 Todd E. DUMAS, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. We agree that the record supports the jury verdict of guilt on the charge of
...DGE REQUIREMENT BASED ON THE ACTUAL OFFENSE CHARGED, TO WIT: DEATH IF SO CHARGED OR INJURY IF SO
CHARGED? PETERSON, C.J., and ANTOON, J., concur.


807-CITE: 599 So.2d 232 Richard Karl GOETHEL, Petitioner, v. Lonnie LAWRENCE, Respondent.
TEXT: SCHWARTZ, Chief Judge. The petitioner was formerly the personal representative of an estate
...l objection to the form of the commitment order is likewise without merit. Revell v. Dishong, 129
Fla. 9, 175 So. 905 (1937). Habeas Corpus denied.


808-CITE: 514 So.2d 80 STATE of Florida, Appellant Cross-Appellee, v. Robert Morrill WADLEY, Appellee
Cross-Appellant.

TEXT: DAUKSCH, Judge. This is an appeal from a sentence in an aggravated child-abuse case. The
sen... that this decision is irreconcilable with Green v. State, 496 So.2d 256 (Fla. 5th DCA 1986).
I would recognize this conflict and recede from Green.


809-CITE: 554 So.2d 1192 D.O.T., STATE OF FLORIDA and Risk Management, Appellants, v. Heidi KING,
Appellee.

TEXT: WENTWORTH, Judge. Employer carrier appeal a workers compensation order by which temporary
to... of accident was harmless and did not affect the merits of the challenged order. The order
appealed is affirmed. JOANOS and THOMPSON, JJ., concur.


810-CITE: 715 So.2d 1059 Matthew K. SCALES, Appellant, v. Kimberly SWILL, Appellee.
TEXT: W. SHARP, Judge. Scales seeks review of two orders rendered by the trial court in a
personal...ins provides that an expert may not be compelled to compile or produce nonexistent
documents. Elkins, 672 So.2d at 521; Fla.R.Civ.P. 1.280(b)(4)(A).


811-CITE: 571 So.2d 30 Jeffrey B. BOCK, et al., Appellants Cross-appellees. v. Lawrence DIENER,
Individually and as Personal Representative of the Estate of Maria Diener, et al., Appellees
cross-appellants.

TEXT: PER CURIAM. Appellants, beneficiaries under a will, appeal an order awarding compensation
fo... Jersey law did not require ancillary proceedings in that state, so there was no attorney s fee
award in connection with the New Jersey transaction.


812-CITE: 615 So.2d 879 James Uzell ROUX, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. James Roux appeals the summary denial of his motion to correct sentence. The
mo...emand this case for further consideration of Roux s motion in light of Harrelson. Reversed.
RYDER, Acting C.J., and DANAHY and FRANK, JJ., concur.


813-CITE: 436 So.2d 1069 Dorothy STONE as Personal Representative of the Estate of Emma C. Ely,
deceased, Appellant, v. VALLEY FORGE INSURANCE COMPANY, a foreign corporation, and David W. Miner,
as Personal Representative of the Estate of Arthur F. Ely, Appellees.

TEXT: DANAHY, Judge. The issue in this case is whether the estate of a deceased wife is barred
fro...state of a deceased husband. REVERSED and REMANDED for further proceedings consistent with
this opinion. BOARDMAN, A.C.J., and GRIMES, J., concur.


814-CITE: 641 So.2d 926 Glen JARMEL, Appellant Cross Appellee, v. Leslie JARMEL, Appellee Cross
Appellant.

TEXT: PER CURIAM. Glen Jarmel appeals and Leslie Jarmel cross appeals the final judgment of
dissol...ity in the marital residence in the amount of $34,000. We otherwise affirm the final
judgment. DANAHY, A.C.J., and PARKER and LAZZARA, JJ., concur.


815-CITE: 638 So.2d 89 INTERAMERICAN CAR RENTAL, INC., a Florida corporation, Appellant, v. Lawrence
GONZALEZ and Catherine Gonzalez, his wife, Appellees.

TEXT: PER CURIAM. The defendant, Interamerican Car Rental, Inc. [Interamerican], appeals from a
fi...for a new trial. Since we have reversed the underlying final money judgment, we also reverse
the final judgment assessing attorney s fees and costs.


816-CITE: 445 So.2d 1010 VARIETY CHILDREN S HOSPITAL, Petitioner, v. Thomas PERKINS, as Personal
Representative of the Estate of Anthony Perkins, Respondent.

TEXT: BOYD, Justice. We have for review a decision of a district court of appeal, Perkins v.
Varie...beneficiaries their statutory right to recover compensation for their losses. For these
reasons, I dissent from the result reached by the majority.


817-CITE: 614 So.2d 661 Rodrigo and Haydee POMPA, individually and as natural guardians of Sadrac Pompa,
Appellants, v. Mildred MARTINEZ, individually as the natural guardian of Rafael Martinez, a minor,
Appellees.

TEXT: BLUE, Judge. The plaintiffs, Rodrigo and Haydee Pompa, in this action for personal injury
to...Cortina v. Cortina, 98 So.2d 334 (Fla.1957). We reverse and remand this case for further
proceedings. CAMPBELL, A.C.J., and THREADGILL, J., concur.


818-CITE: 525 So.2d 987 SPARTAN FOOD SYSTEMS & SUBSIDIARIES and Seibels, Bruce Group, Appellants, v.
Terry M. HOPKINS, Appellee.

TEXT: WENTWORTH, Judge. Employer carrier seek review of a June 22, 1987 workers compensation
order...hin the course of her employment excepted from the going and coming rule in accordance with
Gulliford. Affirmed. ZEHMER and BARFIELD, JJ., concur.


819-CITE: 488 So.2d 547 Raul RIVERON and Caridad Riveron, Appellants, v. JERVIS B. WEBB COMPANY OF
GEORGIA, a foreign corporation, and Jervis B. Webb Company, a foreign corporation, individually and
severally, Appellees.

TEXT: PER CURIAM. The Riverons appeal from an adverse final judgment in a personal injury action.
...80 (1938); Atlantic Coastline Railroad v. Ganey, 125 So.2d 576, 578-79 (Fla. *548 3d DCA 1960).
Accordingly, the judgment under review is Affirmed.


820-CITE: 720 So.2d 1105 Ronnie LOWMAN, Appellant Cross-Appellee, v. STATE of Florida, Appellee
Cross-Appellant.

TEXT: ALTENBERND, Judge. Ronnie Lowman appeals his convictions, and the State cross-appeals his
se...luding 22 additional points. Affirmed in part, reversed in part, and remanded. THREADGILL,
A.C.J., and DAKAN, STEPHEN L., Associate Judge, concur.


821-CITE: 700 So.2d 1223 STATE of Florida, Petitioner Cross-Respondent, v. Todd E. DUMAS, Respondent
Cross-Petitioner.

TEXT: HARDING, Justice. We have for review Dumas v. State, 686 So.2d 625 (Fla. 5th DCA 1996), in
w...in Mancuso. I would adhere to our ruling and reasoning in Mancuso and approve the opinion of the
Fifth District. KOGAN, C.J., and SHAW, J., concur.


822-CITE: 601 So.2d 570 In re ESTATE of Bernard L. DANESE, Deceased.
TEXT: KAHN, Judge. The personal representatives of the estate of Bernard L. Danese and the
deceden... We note that the reappointed personal representatives are not required to serve as
personal representatives. See Section 733.502, Fla.Stat. (1989).


823-CITE: 630 So.2d 656 Harold E. BALLARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We find no error save in the calculation of the defendant s scoresheet. It was
e... and remand for resentencing. Judgment AFFIRMED; sentence VACATED; REMANDED for resentencing.
HARRIS, C.J., and GRIFFIN and THOMPSON, JJ., concur.


824-CITE: 571 So.2d 546 FORTUNE INSURANCE COMPANY, Appellant, v. Sharon McGHEE, Appellee.
TEXT: PER CURIAM. Fortune Insurance Company (Fortune) appeals a final judgment which awarded full
...e, the PIP coverage would have provided approximately $3,000 in benefits for that portion of the
covered claim which exceeded its $2,000 deductible.


825-CITE: 507 So.2d 1228 Venice GARDELLA, Appellant, v. Howard STONE, et al., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment based upon a directed verdict in a
persona...the trial court should not have directed a verdict for the defendant. REVERSED and
REMANDED. COBB, J., and LOCKETT, J.T., Associate Judge, concur.


826-CITE: 487 So.2d 372 JACKSONVILLE ELECTRIC AUTHORITY, Appellant, v. BEEMIK BUILDERS & CONSTRUCTORS,
INC., a Florida Corporation, Appellee.

TEXT: ERVIN, Judge. Jacksonville Electric Company (JEA) appeals from a non-final order issuing a
t...ons that the contract was wrongfully breached, the appellee may recover money damages for the
breach. REVERSED. WENTWORTH and JOANOS, JJ., concur.


827-CITE: 599 So.2d 266 Robert E. PENNINGTON, David V. Keene, Scott Cunningham, George Pennington, Louis
Russo, J.D. Taylor, Joe Abrahams, Terry Payne and Jesse Wright, as the Board of Trustees of the City
Pension Fund for Firefighters and Police Officers of the City of Tampa, Florida, Petitioners, v.
James S. LUCAS, Respondent.

TEXT: PER CURIAM. The Board of Trustees of the City Pension Fund for Firefighters and Police
Offic...plication for disability retirement. Accordingly, the petition for writ of certiorari is
denied. CAMPBELL, A.C.J., and HALL and BLUE, JJ., concur.


828-CITE: 647 So.2d 994 James Lewis REEVES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. James Lewis Reeves appeals his judgments and sentences, rendered after a jury
tr...Stat. (1991). (FN3) The incarcerative portion of the manslaughter sentence fell within the
upper limits of the permitted guideline sentencing range.


829-CITE: 506 So.2d 1122 TEITELBAUM CONCRETE, and Crawford & Company, Appellants, v. Mark SANDELIER,
Appellee.

TEXT: NIMMONS, Judge. The employer carrier (e c) appeals from an order awarding TTD and TPD
benefi...ant and find them to bo without merit. The order appealed is AFFIRMED in part, REVERSED in
part, and REMANDED. BOOTH, C.J., and JOANOS, J., concur.


830-CITE: 547 So.2d 278 Ronald L. BAKER, Petitioner, v. ESTATE OF Jane M. AKE, Respondent.
TEXT: PER CURIAM. This cause is before us on petition for writ of common law certiorari. The
trial...d to the circuit court for a de novo rehearing on the motion by personal representative for
attorney fees. BOOTH, JOANOS and BARFIELD, JJ., concur.


831-CITE: 544 So.2d 345 Kathleen SWENSON, Appellant, v. Claire R. LaCOSS, L.C. Judd & Co., Inc., and
John C. Tatum, Appellees.

TEXT: ON REHEARING PER CURIAM. We grant appellees motion for rehearing, withdraw our opinion of
A...mined pursuant to the stipulation counsel made during trial. AFFIRMED IN PART; REVERSED IN PART
and REMANDED. DELL, WALDEN and POLEN, JJ., concur.


832-CITE: 703 So.2d 492 ACandS, INC. f k a Armstrong Contracting & Supply Corporation, Appellant, v.
Carol H. REDD, Appellee.

TEXT: On Rehearing GODERICH, Judge. We grant the appellee, Carol Redd s, unopposed motion for
reh...rial counsel knew that Dr. Redd s testimony was untruthful, counsel had an independent
obligation to set the record straight. NESBITT, J., concurs.


833-CITE: 468 So.2d 552 Raymond L. HOLMES, Appellant, v. DON MEALEY CHEVROLET, INC., et al., Appellees.

TEXT: ORFINGER, Judge. The final judgment for defendant in this personal injury action is
reversed...isted for such a period of time that the jury could reasonably infer that the defendants
violated a duty to learn of it. I would, therefore, affirm.


834-CITE: 467 So.2d 1046 NICOLET, INC., Appellant, v. Edward C. BENTON & Annie M. Benton, his wife,
Apellees. NICOLET, INC., Appellant, v. James H. WOOD, Sr. & Mary Jo Wood, his wife, Appellees.
NICOLET, INC., Appellant, v. Thomas J. LEDDY & Evelyn J. Leddy, his wife, Appellees. NICOLET, INC.,
Appellant, v. George F. LOZNICKA, Jr. & LIllian Loznicka, his wife, Appellees. NICOLET, INC.,
Appellant, v. Clifford W. THOMPSON, Appellee. NICOLET, INC., Appellant, v. Robert M. BARSH & Mary
Barsh, Appellees.

TEXT: ERVIN, Chief Judge. These appeals arise from the entry of non-final interlocutory orders
den...fore the long arm statute traps K & M in the form of Nicolet. Cf. Anders v. Jacksonville
Electric Authority, 443 So.2d 330, 331 (Fla. 1st DCA 1983).


835-CITE: 538 So.2d 1305 Benny JOHNSON, Appellant, v. BENDER CONSTRUCTION COMPANY and Feisco, Appellees.

TEXT: PER CURIAM. This cause is before us on appeal from an order of the deputy commissioner
dismi...a Coca-Cola Bottling Company, supra. Accordingly, we reverse and remand for proceedings
consistent herewith. BOOTH, JOANOS and MINER, JJ., concur.


836-CITE: 712 So.2d 1183 Magali ASTIGARRAGA, Appellant Cross-Appellee, v. Richard V. GREEN, Appellee
Cross-Appellant.

TEXT: BLUE, Acting Chief Judge. Magali Astigarraga appeals the order granting a new trial after
sh...ection 768.043 and enter an order of remittitur. Reversed and remanded with directions,
cross-appeal affirmed. WHATLEY and NORTHCUTT, JJ., concur.


837-CITE: 552 So.2d 1178 Emmett TUCKER and Cone Brothers Contracting Company, Appellants, v. The
FIRESTONE TIRE AND RUBBER COMPANY and Don Olson s Firestone, Inc., Appellees.

TEXT: PATTERSON, Judge. This appeal arises from a final order of dismissal of a personal injury
ac...howing of excusable neglect so as to require the vacating of the order of dismissal. Reversed
and remanded. LEHAN, A.C.J., and PARKER, J., concur.


838-CITE: 732 So.2d 422 Richard J. HUDSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We find no error in the defendant s convictions but we must reverse the
sentence...e should have been sentenced for three first-degree felony offenses. Affirmed in part
and reversed in part. MINER, WOLF and PADOVANO, JJ., CONCUR.


839-CITE: 622 So.2d 594 PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant, v. Leonor PALMA,
Individually, and as Personal Representative of the Estate of Hernando Palma, Appellee.

TEXT: PER CURIAM. This is an appeal, brought by a defendant insurance company in a personal
injury...eversed and remanded with directions. ------------ (FN1) Approximately two years after the
accident, the insured s husband died of unrelated causes.


840-CITE: 584 So.2d 1130 David SORIA, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, Judge. David Soria was convicted in case number CF-90-1018 of two counts of
drivin...CF-90-1018 is vacated. We remand for resentencing on that count. AFFIRMED, in part;
VACATED, in part; REMANDED. HARRIS and DIAMANTIS, JJ., concur.


841-CITE: 493 So.2d 1115 CARGO DEVELOPMENT, INC., and Travelers Insurance Company, Appellants, v.
Lorenzo MAGDALENO, Appellee.

TEXT: SHIVERS, Judge. Cargo Development, Inc. and Travelers Insurance Company (Employer Carrier)
a...pensation for both his toe and back injuries. Given the status of this appeal, I would affirm
the order as it pertains to the compensation directed.


842-CITE: 451 So.2d 947 ROTH BROTHERS OF FLORIDA and Risk Management Services, Inc., Appellants, v.
Andrew SPODRIS, Appellee.

TEXT: MILLS, Judge. The employer servicing agent appeal from an order in which the deputy
commissi...rs compensation appeals and that an attorney presenting a motion for attorney s fee must
state the grounds including reference to statutory grounds.


843-CITE: 486 So.2d 32 Peter M. MacNAMARA, as Administrator Ad Litem of the Estate of Anna M. Williams,
deceased, Appellant, v. Richard TOUBY, as Attorney for the Personal Representative of the Estate of
Anna M. Williams, deceased, and Edward P. Swan, as Personal Representative of the Estate of Anna M.
Williams, deceased, Appellees.

TEXT: PER CURIAM. A claim for guardianship fees not filed until six years after the guardianship
t...h of the decedent be presented within three years where no notice of administration is
published. The order awarding guardianship fees is REVERSED.


844-CITE: 695 So.2d 437 SCHOOL BOARD OF BROWARD COUNTY, a political subdivision of the State of Florida,
Appellant, v. Gary BEHARRIE, Appellee.

TEXT: PER CURIAM. This appeal is from a final judgment following a substantial jury verdict in
the...t is unnecessary, at this time, to write upon the remaining issues. GUNTHER, C.J., and
GLICKSTEIN, J., concur. DELL, J., dissents without opinion.


845-CITE: 676 So.2d 1034 Jeff BUTLER, III, Appellant, v. STATE of Florida, Appellee.
TEXT: ALLEN, Judge. The appellant challenges convictions and sentences entered after a jury trial
...r or acquiescence was not obtained in the present case, the appealed orders are reversed and the
case is remanded. WEBSTER and MICKLE, JJ., concur.


846-CITE: 748 So.2d 310 Henry KAUFMAN, individually and on Behalf of the Estate of Bella Kaufman,
deceased, Appellant, v. George V. HERRMAN, II and North Broward Radiologists, P.A., Appellees.

TEXT: SHAHOOD, J. This is an appeal from a final judgment in favor of appellees in a medical
malpr...urt s denial of appellant s motion to abate and subsequent entry of final judgment.
AFFIRMED. POLEN and GLICKSTEIN, HUGH S., Senior Judge, concur.


847-CITE: 581 So.2d 224 AUDIO APPLICATIONS, INC., Appellant, v. STATE FARM FIRE & CASUALTY CO.,
Appellee.

TEXT: PER CURIAM. Audio Applications, Inc. [ Audio ], the insured, sought coverage from its
insure... provide. *225 We affirm the trial court s entry of summary final judgment on the basis
that State Farm had no duty to provide coverage. Affirmed.


848-CITE: 545 So.2d 300 Jacob NEHMAD, Appellant, v. METROPOLITAN DADE COUNTY and Joan Lehman, Appellees.

TEXT: PER CURIAM. The Nehmads, while walking north on Memorial Highway in Dade County, were
struck...have occurred) in support of its entry of summary judgment for defendants. *302
Accordingly, we affirm the summary judgment entered for the county.


849-CITE: 721 So.2d 438 Teresa SIPES, as Personal Representative of the Estate of Roy E. Stamey,
deceased, and Teresa Sipes, individually, Appellant, v. ALBERTSON S INC., etc., et al., Appellees.

TEXT: PER CURIAM. AFFIRMED. GOSHORN and ANTOON, JJ., concur. PETERSON, J., dissents with
opinion...f events outside ambit of probable cause did not justify dismissal of complaint), rev.
denied, (Table No. 93,089, -- So.2d --, Fla. Sept. 15, 1998).


850-CITE: 680 So.2d 1090 George TUERK, as Personal Representative of the Estate of John E. Tuerk,
deceased, Appellant Cross-Appellee, v. Karen TUERK, Appellee Cross-Appellant.

TEXT: PER CURIAM. George Tuerk, personal representative of the estate of John Tuerk, appeals the
d... trust funding to affirm the order on appeal. This determination moots the wife s cross-appeal.
Accordingly, both orders under review are affirmed.


851-CITE: 695 So.2d 800 HARRIS CORPORATION and Kemper Group, Appellants, v. James F. GARY, Appellee.
TEXT: PER CURIAM. Harris Corporation and Kemper Group, the employer and carrier respectively,
appe...ts, without regard to the age limitation contained in the Federal Social Security Act.
AFFIRMED. BARFIELD, C.J., and ERVIN and DAVIS, JJ., concur.


852-CITE: 487 So.2d 82 PINECREST STABLES, INC., Appellant, v. Edward H. HILL, Appellee.
TEXT: ORFINGER, Judge. Pinecrest Stables, Inc., the original plaintiff below, appeals from a
$25,0...order to avoid the imposition of sanctions such as were imposed prior to the first trial.
REVERSED and REMANDED. COBB, C.J., and SHARP, J. concur.


853-CITE: 558 So.2d 208 In re ESTATE OF Paul F. GRANT, Deceased. William GRANT and Mary Grant, as
Copersonal Representatives of the Estate of Paul F. Grant, Appellants, v. Sheila NORRIS, as Personal
Representative of the Estate of Helen Grant, Appellee.

TEXT: ALTENBERND, Judge. The copersonal representatives of Paul F. Grant s estate appeal an order
... and prove that the property was property of the decedent that is the subject of administration.
Affirmed. DANAHY, A.C.J., and PARKER, J., concur.


854-CITE: 747 So.2d 1040 PARADIGM INSURANCE COMPANY, Appellant, v. P & C INSURANCE SYSTEMS, INC.,
Antonio Perez, as parent and legal guardian and next friend of Anthony Perez, a minor, and Pablo
Conde, Appellees.

TEXT: COPE, J. Paradigm Insurance Company appeals a declaratory judgment entered after bench
trial... of insurance coverage for the loss, we conclude that the acts are logically related for
purposes of the notice provision of the policy. Affirmed.


855-CITE: 689 So.2d 1169 Brigitte Michelle ENGELBRECHT, Appellant, v. Polly Anne EARL, as Personal
Representative of the Estate of Oscar A. Jose, Jr., Appellee.

TEXT: PER CURIAM. This appeal arises from an order entered in probate and involves the
apportionme... to the decedent s interest in jointly held property. We agree with Pfeifer and
therefore affirm. GUNTHER, C.J., and FARMER and KLEIN, JJ., concur.


856-CITE: 596 So.2d 1162 STATE FARM FIRE & CASUALTY COMPANY, Appellant, v. Guy JOHNSON, Appellee.
TEXT: PER CURIAM. The question presented in the instant appeal is whether coverage exists under
ap...favor of Johnson and remand for further proceedings consistent with this opinion. DOWNEY,
GUNTHER, JJ., and WALDEN, JAMES H., Senior Judge, concur.


857-CITE: 589 So.2d 343 William Charles STECKER and Diane Stecker, his wife, Appellants, v. STATE FARM
MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

TEXT: PER CURIAM. AFFIRMED. We find competent substantial evidence in the record to support the
tr...g upon the jury s evaluation thereof, supported the verdict of the jury and the decisions of
the trial court. ANSTEAD, DELL and POLEN, JJ., concur.


858-CITE: 619 So.2d 1010 Lynn KETCHEN, Appellant, v. Richard DUNN and Jeffrey Mason Dunn, Appellees.
TEXT: SCHOONOVER, Judge. The appellant, Lynn Ketchen, challenges a final judgment entered in her
f...cover economic damages that exceed personal injury protection benefits. A see cite of section
627.737(2), Florida Statutes (1991), and Smey follows.


859-CITE: 735 So.2d 556 Walvert MARCADO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Walvert Marcado appeals an order denying in part his motion for postconviction
r...tion, the trial court order is affirmed. Affirmed in part, reversed in part, and remanded for
correction with respect to the simple battery charge.


860-CITE: 578 So.2d 747 William James POWELL, Appellant, v. Richard NAPOLITANO, Appellee.
TEXT: SCHEB, Judge. The sole issue on appeal is whether the trial court erred in granting
Plaintif...court s directed verdict on the issue of permanent injury, vacate the judgment and remand
for a new trial. SCHOONOVER, C.J., and FRANK, J., concur.


861-CITE: 689 So.2d 339 Ronald BOLDEN, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.,
Appellee.

TEXT: WARNER, Judge. Pursuant to Florida Rule of Appellate Procedure 9.160(d), the County Court
of...ll reasoned opinion of the trial court and answer the certified question in the negative.
GROSS, J., and HAUSER, JAMES C., Associate Judge, concur.


862-CITE: 655 So.2d 1139 Willard M. LONGSHORE, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Judge. On October 9, 1993, appellant, William M. Longshore [ Longshore ], was
opera...See Section 775.089(1)(a), Fla.Stat. (1993). I would affirm the imposition of restitution as
a condition of probation. For these reasons, I dissent.


863-CITE: 626 So.2d 325 Eileen M. BRAKE and Dennis L. Murphy, Jr., Appellants, v. Eve E. MURPHY, Richard
Murphy, et al., Appellees.

TEXT: PER CURIAM. This is the fifth motion to enforce our mandate in Brake v. Murphy, 591 So.2d
10...phy, Jr. as the successor personal representative of the subject estate and to appoint another
successor personal representative. It is so ordered.


864-CITE: 563 So.2d 183 Tracy SIMMONDS, Appellant, v. Della Mae LOWERY and Katrina Laverne Wiley,
Appellees.

TEXT: WARNER, Judge. This is an appeal from an order granting the defendant s motion for new
trial...anting new trial with directions to reinstate the verdict and enter judgment thereon.
Reversed and remanded. HERSEY, C.J., and DOWNEY, J., concur.


865-CITE: 723 So.2d 385 Theodore M. PANESON, Appellant, v. Darlene PANESON, Appellee.
TEXT: PER CURIAM. This appeal arises out of a post-dissolution proceeding. The Husband challenges
... property beyond that which is specifically itemized in the final judgment. Reversed and
remanded. PARKER, C.J., and BLUE and FULMER, JJ., Concur.


866-CITE: 645 So.2d 1082 In re ESTATE OF Eugene T. BARTKOWIAK, Deceased. Genevieve PTAK, as personal
representative of Estate, Appellant, v. SUN BANK, N.A., Appellee.

TEXT: PER CURIAM. Eugene Bartkowiak died September 14, 1989. His sister, Genevieve Ptak, was
appoi...estate and regardless of whether Ms. Ptak had an alleged responsibility to notify judgment
creditors of record. The order under review is reversed.


867-CITE: 692 So.2d 978 Kevin Paul GOUTIER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Kevin Goutier challenges the trial court s denial of his motion to correct
sente...o.2d 235 (Fla.1994). Affirmed in part, reversed in part, and remanded for resentencing.
SCHOONOVER, A.C.J., and FULMER and NORTHCUTT, JJ., concur.


868-CITE: 566 So.2d 606 BILL MANSFIELD MOTORS, INC., a foreign corporation, Appellant, v. AMERICAN
DENTAL PROGRAM, Appellee.

TEXT: PER CURIAM. We reverse on the authority of Cookbook Publishers, Inc. v. American Dental
Prog...atutes (1989). Accordingly, the Final Judgment awarding damages to the appellee is reversed.
REVERSED. LETTS, GLICKSTEIN and GUNTHER, JJ., concur.


869-CITE: 520 So.2d 37 Harold C. KRAMER and Joan W. Kramer, Plaintiffs-Appellants, v. PIPER AIRCRAFT
CORPORATION, Defendant-Appellee.

TEXT: KOGAN, Justice. The case before us is Kramer v. Piper Aircraft Corp., 801 F.2d 1279 (11th
Ci...ause of action for strict liability is appropriate. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, BARKETT and GRIMES, JJ., concur.


870-CITE: 625 So.2d 120 UNIVERSITY MEDICAL CENTER, Appellant, v. Daniel J. ZEILER, as Personal
Representative of the Estate of John Zieleskiewicz, et al. Appellees.

TEXT: COBB, Judge. The issue on this appeal is whether a reasonable distribution of settlement
pro... Center, Inc. v. Estate of Heron, 596 So.2d 1078 (Fla. 5th DCA), rev. denied, 604 So.2d 487
(Fla.1992), which is distinguishable on several grounds.


871-CITE: 529 So.2d 360 Alicia CAMACHO, Appellant, v. PEOPLES BANK OF LAKELAND, as personal
representative of the Estate of Jose J. Rosado, Appellee.

TEXT: HALL, Judge. The appellant contends that the trial court erred in granting the appellee
pers... of Robins, 463 So.2d 273 (Fla. 2d DCA 1984); Baldwin v. Lewis, 397 So.2d 985 (Fla. 3d DCA
1981). Affirmed. CAMPBELL, C.J., and LEHAN, J., concur.


872-CITE: 445 So.2d 636 U.S. HOME CORPORATION, Northwestern National Insurance Company, Appellants, v.
Winfred A. MacDONALD, Appellee.

TEXT: THOMPSON, Judge. The employer carrier (E C) appeal a workers compensation order in which
the...sal relationship in this case. Since the remaining elements of the Carpenter defense exist,
the order is REVERSED. SHIVERS and JOANOS, JJ., concur.


873-CITE: 575 So.2d 226 Mary Ann BROWD, Appellant, v. UNITED NATIONAL BANK OF MIAMI, Appellee.
TEXT: PER CURIAM. Mary Ann Browd appeals a summary final judgment entered against her. First, the
...ance with its terms, it remained in force at the time of all subsequent extensions *227 of
credit. Summary judgment was properly entered. Affirmed.


874-CITE: 744 So.2d 1121 NORDIC TRACK and The Hartford, Appellants, v. Norma ZIMMERMAN, Appellee.
TEXT: PER CURIAM. This is an appeal from an order finding claimant appellee permanently totally
di...(Fla. *1123 1st DCA 1998), and Pyram v. Marriott International, 687 So.2d 351 (Fla. 1st DCA
1997). REVERSED. JOANOS, ALLEN and DAVIS, JJ., CONCUR.


875-CITE: 670 So.2d 1086 David C. CLAWSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Acting Chief Judge. Clawson appeals from his judgment and sentences for engaging
...encing. Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994). Affirmed in part, reversed in part,
and remanded. ALTENBERND and LAZZARA, JJ., concur.


876-CITE: 645 So.2d 581 U-HAUL OF SOUTH FLORIDA and Crawford & Company, Appellants, v. Chris MARCH,
Appellee.

TEXT: ERVIN, Judge. The employer carrier (E C) appeals a workers compensation order finding that
c...ree. Under the clear language of the statute, claimant cannot himself be considered an outside
agency. AFFIRMED. JOANOS and BARFIELD, JJ., concur.


877-CITE: 460 So.2d 991 Melvin CARROLL, etc., et al., Appellants, v. MAGNAFLUX CORPORATION, etc., et
al., Appellees.

TEXT: DELL, Judge. Appellants, plaintiffs below, appeal from an order dismissing their Fifth
Amend...gorously argue that they are not Mr. Carroll s employers. This factual dispute is not
appropriately resolved upon appeal from an order of dismissal.


878-CITE: 636 So.2d 169 Roger A. SHIELDS, Appellant, v. Lora L. SHIELDS, Appellee.
TEXT: PER CURIAM. The appellant, Roger A. Shields, challenges the trial court s judgment and
sente... entry of a judgment in favor of the appellant. Reversed and remanded with instructions.
SCHOONOVER, A.C.J., and THREADGILL and BLUE, JJ., concur.


879-CITE: 745 So.2d 463 Patricia MURPHY, Appellant, v. BOCA RATON HOTEL AND CLUB, LIMITED PARTNERSHIP,
Appellee.

TEXT: FARMER, J. In this personal injury action arising from a falling palm frond allegedly
striki...riable issue as to whether defendant had notice of the dangerous condition of the palm
fronds and remand for trial. GUNTHER and KLEIN, JJ., concur.


880-CITE: 514 So.2d 369 Steve CARMEAN, Appellant, v. RELIANCE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. AFFIRMED. FRNK D. UPCHURCH, Jr., C.J., and COBB and SHARP, JJ., concur. ON
MOT... resolved against the movant. See 49 Fla.Jur.2d, Summary Judgment, Section 11 (9184), and
cases cited therein. I would grant rehearing and reverse.


881-CITE: 544 So.2d 1048 William ONESKY, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. Defendant, William Onesky, contends that his convictions and
sent...Rules of Criminal Procedure Re Sentencing Guidelines (Rules 3.701 and 3.988), 509 So.2d 1088
(Fla.1987). Affirmed. DANAHY and PARKER, JJ., concur.


882-CITE: 747 So.2d 475 Donna GRACEY and Joseph Gracey, Appellants, v. Donald W. EAKER, Appellee.
TEXT: ANTOON, C.J. Joseph and Donna Gracey appeal the final order entered by the trial court
dismi... INFLICTION OF EMOTIONAL INJURIES RESULTED FROM THE BREACH OF A STATUTORY DUTY OF
CONFIDENTIALITY. ORDER AFFIRMED. DAUKSCH and COBB, JJ., concur.


883-CITE: 538 So.2d 151 Myrtle Lou Ann DUBRIAN, Appellant, v. ALLSTATE INDEMNITY COMPANY, a foreign
corporation, Appellee.

TEXT: LEHAN, Acting Chief Judge. In this suit for declaratory judgment and breach of contract,
pla...e, that should be for the legislature to say. Reversed and remanded for proceedings not
inconsistent herewith. PARKER and ALTENBERND, JJ., concur.


884-CITE: 725 So.2d 425 CLAY COUNTY SCHOOL BOARD and Alexsis, Inc., Appellants, v. Pamela ROBISON,
Appellee.

TEXT: BENTON, J. The Clay County School Board and Alexsis, Inc. (Clay County) appeal an order of
t...Ms. Robison s employment caused an injury, the amended statutory standard must be applied.
Reversed and remanded. BOOTH and PADOVANO, JJ., CONCUR.


885-CITE: 586 So.2d 72 Vickie NEMETH, as Personal Representative of the Estate of Christopher Nemeth,
Deceased, for the use and benefit of the survivors, to wit: Vickie Nemeth, Anthony Paul Nemeth, a
minor, Monica Lynn Nemeth, a minor, and Danielle Mychal Nemeth, a minor, Appellants, v. Ben B.
HARRIMAN, M.D., and Clearwater Pathology Associates, M.D. s, P.A., f k a Leonard and Gillotte, M.D.
s, P.A., Appellees.

TEXT: LEHAN, Judge. We reverse the dismissal with prejudice of this wrongful death suit for
medica... FROM THE ALLEGED MALPRACTICE DID NOT MANIFEST ITSELF WITHIN THE STATUTORY FOUR YEAR
PERIOD? Reversed. DANAHY, A.C.J., and PATTERSON, J., concur.


886-CITE: 559 So.2d 742 Carlos Avery BAILEY, Appellant, v. STATE of Florida, Appellee.
TEXT: MINER, Judge. Appellant, Carlos Avery Bailey, challenges his conviction for dealing in
stole...-cut case of personal use. In Lancaster, this court held that there was no trafficking where
the defendant put a stolen engine into his own vehicle.


887-CITE: 512 So.2d 335 Florence BROZ, Appellant, v. WINN-DIXIE STORES, INC., Appellee.
TEXT: FERGUSON, Judge. Florence Broz, a personal injury plaintiff, seeks review of a summary
judgm... mistaken as to the existence of the injury is a question for the jury. The final summary
judgment is therefore reversed and the cause is remanded.


888-CITE: 606 So.2d 399 Wesley WALLEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, Judge. Wesley Wallen was found guilty by a jury of five counts of sexual activity
.... 4th DCA 1990), quashed in part, approved in part, on other grounds, 590 So.2d 404 (Fla.1991);
Johnson v. State, 490 So.2d 182 (Fla. 1st DCA 1986).


889-CITE: 687 So.2d 991 LIBERTY MUTUAL INSURANCE CO., Appellant, v. BETHUNE-COOKMAN COLLEGE, INC.,
Appellee.

TEXT: PER CURIAM. This is an interlocutory appeal in an action by appellee, Bethune-Cookman
Colleg...ty Mutual never specifically sought summary judgment as to count II of the complaint, the
portions of the order relating to that count were vacated.


890-CITE: 510 So.2d 320 Reed A. SUDDERTH, Appellant Cross Appellee, v. EBASCO SERVICES, INC., Appellee
Cross Appellant. EBASCO SERVICES, INC., Appellant, v. Reed A. SUDDERTH, Appellee.

TEXT: STONE, Judge. The plaintiff in a personal injury action is appealing a verdict in his favor
...Thursby v. Reynolds Metals Co., 466 So.2d 245 (Fla. 1st DCA 1984). We therefore affirm. DOWNEY,
J., and RIVKIND, LEONARD, Associate Judge, concur.


891-CITE: 443 So.2d 136 HARBOUR HOUSE PROPERTIES, INC., Appellant, v. ESTATE OF Pearl G. STONE,
Appellee.

TEXT: NESBITT, Judge. The question presented on appeal is whether the creditor made a sufficient
s...o afford the creditor an evidentiary hearing upon his claimed excuse for not timely and properly
presenting the claim against the decedent s estate.


892-CITE: 724 So.2d 146 The STATE of Florida, Appellant, v. Steven FALK, Appellee.
TEXT: PER CURIAM. In October of 1996, attorney Steven Falk ( the defendant ) was charged by
Inform...ndant should be allowed to either renew or amend his motion to dismiss relating to the free
speech argument. Reversed and remanded with directions.


893-CITE: 656 So.2d 553 James Patrick TIERNEY, Appellant, v. STATE of Florida, Appellee.
TEXT: QUINCE, Judge. Appellant, James Patrick Tierney, seeks review of the trial court s denial
of...the trial court should use the guidelines in effect at the time the offenses were committed.
See Furlow v. State, 579 So.2d 910 (Fla. 5th DCA 1991).


894-CITE: 458 So.2d 347 SHERATON BAL HARBOUR and INA Aetna, Appellants, v. Ligia CARDOZA, Appellee.
TEXT: PER CURIAM. In this workers compensation case, the employer carrier appeal an order
awarding...able injury alone. The order is affirmed as modified but remanded for the recomputation
prescribed herein. BOOTH, SMITH and THOMPSON, JJ., concur.


895-CITE: 517 So.2d 68 Jeanne HUBBS and John Hubbs, Appellants, v. Laura McDONALD and Joe McDonald,
Appellees.

TEXT: PER CURIAM. Jeanne Hubbs and John Hubbs appeal an order denying their motion for new trial
o...d in part, reversed in part, and remanded for a new trial on the issue of compensatory damages.
SMITH, C.J., and WENTWORTH and JOANOS, JJ., concur.


896-CITE: 529 So.2d 363 Fred Alfred THORN, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. The appellant alleges error in the calculation of his score under the
sentencin...ictim injury regardless of whether it is an element of the crime for which the defendant
is being sentenced. Ch. 87-110, Section 1, Laws of Florida.


897-CITE: 707 So.2d 944 ARA COLLECTION, INC., and Hamid Bakian, Appellants, v. GORDON & LEVI, INC., a
Florida corporation, Appellee.

TEXT: PER CURIAM. We affirm the trial court s order denying appellant s motion to dismiss for
lack...ts. These issues are not properly before us in a non-final appeal regarding personal
jurisdiction. STONE, C.J., and WARNER and FARMER, JJ., concur.


898-CITE: 714 So.2d 534 Angelo MAZZOUCCOLO, Executor and Personal Representative of the Estate of
Lucille Mazzouccolo, deceased, Appellant, v. GARDNER, McLAIN & PERLMAN, M.D., P.A., George McLain,
M.D., Mark Perlman, M.D., and Martin Memorial Medical Center, Inc., a k a Martin Memorial Hospital,
Appellees.

TEXT: GROSS, Judge. Appellants, Lucille Mazzouccolo (FN1) and her husband, sued appellees for
medi...nd costs. See Mathias v. Uniroyal, Inc., 660 So.2d 742 (Fla. 3d DCA 1995). AFFIRMED. STONE,
C.J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.


899-CITE: 746 So.2d 1180 CLAIMS MANAGEMENT, INC. and Wal-Mart Store #1960, Tampa, Appellants, v. George
PHILIP, Appellee.

TEXT: LAWRENCE, J. We have for review a non-final order certifying that the determination of the
*...t, his claim is barred. We accordingly reverse the order of the JCC and remand for consistent
proceedings. REVERSED. ALLEN and DAVIS, JJ., CONCUR.


900-CITE: 730 So.2d 782 GEICO GENERAL INSURANCE COMPANY, Appellant, v. Doris Roberts ARNOLD, as Personal
Representative of the Estate of Adam Aaron Arnold, Doris Roberts Arnold, Individually and Richard W.
Arnold, individually, Appellees.

TEXT: PER CURIAM. The appellant, Geico General Insurance Company ( Geico ), appeals an adverse
fin...he two accidents to $200,000. We therefore reverse and remand with instructions that final
summary judgment be entered in favor of Geico. Reversed.


901-CITE: 515 So.2d 180 AFM CORPORATION, Plaintiff-Appellee, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH
COMPANY, Defendant-Appellant.

TEXT: OVERTON, Justice. This case is before us on the following questions certified by the
Elevent...Circuit for its disposition of this matter. McDONALD, C.J., and SHAW, BARKETT, GRIMES and
KOGAN, JJ., concur. EHRLICH, J., concurs in result only.


902-CITE: 471 So.2d 635 Kenneth SINGLETARY, Appellant, v. MANGHAM CONSTRUCTION CO., INC., and Aetna Life
& Casualty Company, Appellees.

TEXT: ZEHMER, Judge. Claimant has appealed the deputy commissioner s order denying payment of
atto...and with directions to enter an appropriate order awarding attorney s fees to claimant.
REVERSED and REMANDED. WENTWORTH and NIMMONS, JJ., concur.


903-CITE: 447 So.2d 1337 INDUSTRIAL FIRE & CASUALTY INSURANCE CO., Petitioner, v. Deborah KWECHIN,
Respondent.

TEXT: EHRLICH, Justice. Pursuant to jurisdiction granted in article V, section 3(b)(4) of the
Flor... and Lasky v. State Farm Insurance. We should not rewrite the statute but should construe and
apply it according to the manifest legislative intent.


904-CITE: 482 So.2d 394 Eleanor ROONEY, Appellant, v. Herbert W. VOGELSANG and Robert D. Korner,
Appellees.

TEXT: PER CURIAM. Because the appellant Eleanor Rooney--the surviving spouse in a New York
probate...ent s real property in Florida. The order striking her objections to the personal
representative s application for such fees is therefore Affirmed.


905-CITE: 686 So.2d 10 Mark GAUVAIN, Appellant, v. Arlene WARDWELL, Appellee.
TEXT: PER CURIAM. Mark Gauvain, the plaintiff in a personal injury action, appeals the final
judgm...89). With respect to the remaining two issues, we find them to be without merit. Affirmed.
SCHOONOVER, A.C.J., and FULMER and QUINCE, JJ., concur.


906-CITE: 577 So.2d 1302 Gary GOULD, Petitioner, v. STATE of Florida, Respondent.
TEXT: BARKETT, Justice. We review Gould v. State, 558 So.2d 481 (Fla. 2d DCA 1990), to resolve
ass... Wilcott v. State, 509 So.2d 261 (Fla.1987), Penny v. State, 140 Fla. 155, 191 So. 190 (1939),
and Bean v. State, 469 So.2d 768 (Fla. 5th DCA 1984).


907-CITE: 703 So.2d 1187 Layda Cardenas MAZZORANA, Appellant, v. Ivan Luis MAZZORANA, Jr., et al.,
Appellee.

TEXT: PER CURIAM. Layda Mazzorana, the former wife, appeals from a Final Judgment of Dissolution
o...ing how much of the fees the husband will pay, the trial court shall consider the assets of each
party, as well as their respective current incomes.


908-CITE: 689 So.2d 1169 Marie HARRINGTON, Personal Representative of the Estate of Etta B. Stephens,
Appellant, v. BARNETT BANK OF TAMPA, Appellee.

TEXT: BLUE, Judge. Marie Harrington, as personal representative of her mother s estate, appeals
an... version of the impact rule. See Mancino v. Webb, 274 A.2d 711 (Del.Super.1971). Accordingly,
we affirm. PARKER, A.C.J., and PATTERSON, J., concur.


909-CITE: 673 So.2d 497 WINN DIXIE STORES and Crawford & Company, Appellants, v. Richard A. LANG,
Appellee.

TEXT: SHIVERS, Senior Judge. Winn Dixie Store and Crawford & Company (collectively, the E C )
appe... including but not limited to allowing the E C to present evidence relating to its
preexisting and personal defenses. KAHN and DAVIS, JJ., concur.


910-CITE: 533 So.2d 1192 Ernest D. DUNN and Kathleen Dunn, his wife, Appellants, v. Bruce SCHURGA and
Yellow Cab Company of St. Petersburg, Inc., a Florida corporation, Appellees.

TEXT: LEHAN, Judge. Plaintiffs appeal a final summary judgment for defendants in a personal
injury...y as a matter of law. 530 So.2d at 322. Reversed and remanded for proceedings consistent
with this opinion. DANAHY, A.C.J., and FRANK, J., concur.


911-CITE: 478 So.2d 823 Bernie I. PARKER, Appellant, v. STATE of Florida, Appellee.
TEXT: OTT, Judge. We reverse and remand for resentencing because the trial court erroneously
inclu...e and Suggestion for Rehearing En Banc is DENIED. RYDER, C.J., and GRIMES, SCHEB, DANAHY,
CAMPBELL, SCHOONOVER, LEHAN, FRANK and HALL, JJ., concur.


912-CITE: 709 So.2d 150 Carol MONIZ, Appellant, v. REITANO ENTERPRISES, INC., a Florida corporation and
Daniel Parish, Appellees.

TEXT: WARNER, Judge, The trial court granted a summary judgment as to appellee Reitano
Enterprises...nd for further proceedings on counts I and II of the complaint, We affirm the order
granting now trial as to Parish. FARMER and KLEIN, JJ., concur.


913-CITE: 468 So.2d 473 Ronald R. MINCEY, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. The primary contention in this appeal is that the trial judge improperly
scor...anded for recomputation of appellant s score under the sentencing guidelines. REVERSED AND
REMANDED with directions. HURLEY and DELL, JJ., concur.


914-CITE: 609 So.2d 138 Ilene Sales KORNBLUM, Appellant, v. Irving S. SCHNEIDER and Ronald B. Maged,
Appellees.

TEXT: ON MOTION FOR REHEARING OWEN, WILLIAM C., JR., Senior Judge. We grant the motion for
rehear...rsed. GLICKSTEIN, C.J., and DELL, J., concur. ------------ (FN8) Appellant s counsel on
this appeal did not represent appellant in the trial court.


915-CITE: 473 So.2d 839 MILLO TRASH SERVICE CO. and Fireman s Fund American Insurance Co., Appellants,
v. Julian MILLO, Appellee.

TEXT: NIMMONS, Judge. The employer carrier appeal from an order awarding wage-loss benefits to
the...imant was obligated to seek more remunerative employment elsewhere. We have, therefore, not
considered any such contention in reaching our decision.


916-CITE: 463 So.2d 1226 Ruth Johnson McCUTCHEON and Louis N. McCutcheon, Appellants, v. The HERTZ
CORPORATION, a Delaware corporation, Frank A. Stuart, M.D., individually, Frank A. Stuart, M.D.,
P.A., and Underwriters at Lloyds, Appellees.

TEXT: DELL, Judge. This appeal presents the question of whether an injured plaintiff who accepts
a...irm the final summary judgment in favor of Hertz and dismissal of McCutcheon s complaint against
Stuart. AFFIRMED. HERSEY and WALDEN, JJ., concur.


917-CITE: 455 So.2d 418 DOWMAN MORTGAGE COMPANY, The Glennell Corporation, Pasco Finance Company and
D.D. Convington, Jr., Appellants, v. JIM GRAHAM, INC., et al., Appellees.

TEXT: PER CURIAM. Affirmed on the authority of Stein v. Miss Franie s Inc., 417 So.2d 726 (Fla.
1s...eer to profit from this situation when it is obvious to the naked eye what, in fact, appears in
the space afforded is a common, corporate execution.


918-CITE: 688 So.2d 7 Maria RODRIGUEZ, as Personal Representative of the Estate of Raul Rodriguez,
Deceased, Appellant, v. FLOVAL OIL CORPORATION, Silvestre Otto Mederos, Senobio Rodriguez and The
B.F. Goodrich Company, Appellees. Senobio RODRIGUEZ, Appellant, v. Maria RODRIGUEZ, as Personal
Representative of the Estate of Raul Rodriguez, Deceased, Floval Oil Corporation, Silvestre Otto
Mederos and The B.F. Goodrich Company, Appellees.

TEXT: PER CURIAM. In these consolidated appeals, appellants appeal the summary final judgment
ente...er, 599 So.2d 263 (Fla. 2d DCA 1992). We reverse the summary judgment and remand for further
proceedings. FARMER, STEVENSON and GROSS, JJ., concur.


919-CITE: 579 So.2d 291 Milton J. FELDHEIM, Appellant, v. Esther SCOTT, as Guardian of Margaret Lynn, as
interested Party, Appellee.

TEXT: PER CURIAM. This is an appeal from a final order awarding attorneys fees. We reverse and
rem...----- (FN1) The fees which were awarded were for services rendered by New Jersey counsel,
Charles Cohen, and by local counsel, Frederic I. Gottlieb.


920-CITE: 478 So.2d 509 Toni ELLIOTT, Appellant, v. Hugh ELLIOTT, Appellee.
TEXT: HERSEY, Chief Judge. In the proceedings for temporary alimony and child support, the
general... (Fla. 4th DCA 1985). See also Plevy v. Plevy, 466 So.2d 1219 (Fla. 4th DCA 1985).
REVERSAL; QUASHAL; REMAND. ANSTEAD and GLICKSTEIN, JJ., concur.


921-CITE: 497 So.2d 718 Anthony HENDSBEE, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Judge. We hold that appellant was properly convicted of one count of aggravated
batte...elines presumptive sentencing range. Affirmed in part; reversed in part and remanded for
resentencing. SCHEB, A.C.J., and SCHOONOVER, JJ., concur.


922-CITE: 431 So.2d 171 B & B CASH GROCERY STORES and Aetna Casualty & Surety Company, Appellants, v.
John WORTMAN, Appellee.

TEXT: LARRY G. SMITH, Judge. The E C appeal a workers compensation award made pursuant to an
order...ourse of his employment. I would therefore reverse the order of the deputy commissioner and
remand for the entry of a final order denying the claim.


923-CITE: 608 So.2d 890 Gene C. CLIFTON, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, Judge. Appellant challenges his departure sentence for several counts of Driving
Und...hat Mr. Clifton s actions do not support an upward departure. Therefore, I concur in the
reversal and remand for resentencing within the guidelines.


924-CITE: 698 So.2d 618 Frank V. PURRELLI, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee.

TEXT: BLUE, Judge. Frank V. Purrelli, a chiropractor, challenges the granting of a judgment on
the... policy, and the matter is remanded to the trial court for further proceedings. Reversed and
remanded. PATTERSON, A.C.J., and LAZZARA, J., concur.


925-CITE: 627 So.2d 531 Marcos A. ZEQUEIRA, M.D., Appellant, v. Lourdes De La ROSA, as Personal
Representative of the Estate of Manuel De La Rosa, deceased, Appellee.

TEXT: SCHWARTZ, Chief Judge. The defendant Dr. Zequeira won a jury verdict in his favor in a
medic....; and the disquieting facet of such practice is the juror s failure to disclose the
requested information, not counsel s efforts to seek the truth.


926-CITE: 496 So.2d 954 Suzanne Taylor SANDERSON, Individually and as Personal Representative of the
Estate of Stephen A. Taylor, Appellant, v. FREEDOM SAVINGS & LOAN ASSOCIATION, Cliff Jackson,
Clarence Hill and Alex Sparr, Appellees.

TEXT: WIGGINTON, Judge. Appellant appeals the trial court s final judgment of dismissal of her
sec...his matter to the Supreme Court of Florida pursuant to article V, section 3(b)(4), Florida
Constitution. AFFIRMED. ERVIN and NIMMONS, JJ., concur.


927-CITE: 662 So.2d 736 Albert C. SPRANKLE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Albert C. Sprankle appeals the summary denial of his motion to correct illegal
s...2d 235 (Fla.1994). Affirmed in part, reversed in part and remanded for further proceedings.
DANAHY, A.C.J., and CAMPBELL and LAZZARA, JJ., concur.


928-CITE: 523 So.2d 1177 Kevin Patrick CLAUSS, Appellant, v. FORTUNE INSURANCE COMPANY, etc., Appellee.

TEXT: DANIEL, Judge. The issue in this case is whether the trial court properly determined that
Fo...legislative session. See Ch. 87-278, Section 1, Laws of Fla. The department and the insurer
must now receive 60-day written notice of the violation.


929-CITE: 488 So.2d 535 THE FLORIDA BAR, Complainant, v. Gary H. NEELY, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before us on the complaint of The Florida Bar
an...in The Florida Bar v. Neely, 417 So.2d 957 (Fla.1982), he was publicly reprimanded and placed
on one year s probation for neglect of a legal matter.


930-CITE: 652 So.2d 1207 Frank DE RUSSO, Appellant, v. CITY OF FORT LAUDERDALE, Appellee.
TEXT: PER CURIAM. Claimant Frank De Russo (De Russo) appeals from a workers compensation order,
in...d affirm these issues without discussion. Accordingly, we AFFIRM in part, and REVERSE and
REMAND in part. MINER, LAWRENCE and BENTON, JJ., concur.


931-CITE: 627 So.2d 609 Cynthia SEVOR, Appellant, v. Eugene D. SEVOR, Appellee.
TEXT: PER CURIAM. Cynthia Sevor appeals from the final judgment of dissolution of marriage,
arguin...N, JJ., concur. ------------ (FN1) We do not find by this observation that the wife was so
entitled; we leave that determination to the trial court.


932-CITE: 522 So.2d 890 STATE of Florida, Appellant, v. George M. JENKINS, Appellee.
TEXT: LEHAN, Acting Chief Judge. The state appeals the trial court s dismissal of the criminal
cha...easonable belief that defendant had the ability to carry out that threat are for the jury to
decide. Reversed. THREADGILL and PARKER, JJ., concur.


933-CITE: 598 So.2d 1083 In re The ESTATE OF Humphrey G. BOUSFIELD, Deceased, Appellant.
TEXT: PER CURIAM. Because we cannot confidently say that the trial judge actually admitted and
con...), fix the final fee allowed the personal representative s lawyer. REVERSED AND REMANDED WITH
DIRECTIONS. ANSTEAD, WARNER and FARMER, JJ., concur.


934-CITE: 565 So.2d 864 Charles LINDSAY, Appellant, v. TVS TRUCKING COMPANY, CLAIMS CENTER, Appellee.
TEXT: WOLF, Judge. Claimant, Charles Lindsay, appeals a workers compensation order denying the
com...n history and symptoms as related by the claimant, may also be rejected by the judge. I would
affirm the order of the judge of compensation claims.


935-CITE: 591 So.2d 1082 HYSTER COMPANY, Appellant, v. Marcos MORALES, Appellee.
TEXT: LEVY, Judge. Hyster Company [ Hyster ] appeals the trial court s order of relief vacating
th...ntered pursuant to Rule 1.540(b)(2), is reversed with this cause being remanded for further
proceedings consistent herewith. Reversed and remanded.


936-CITE: 711 So.2d 182 Morton GINSBERG, Appellant, v. Mirielle LAMOUR, individually, and as next friend
and natural mother of Paul Magliore, a minor, Appellee.

TEXT: GROSS, Judge. Appellant, Morton Ginsberg, appeals a non-final order ruling that he had
enter...d entered a general appearance and ordering a responsive pleading to the amended complaint.
REVERSED AND REMANDED. GUNTHER and POLEN, JJ., concur.


937-CITE: 586 So.2d 483 James FRETWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: COWART, Judge. On three different occasions the defendant had carnal intercourse with one
14...the proposals . . . are in fact a clarification, only to say that they will become a
clarification only if and when the Legislature approves them.


938-CITE: 690 So.2d 1284 THE FLORIDA BAR, Complainant, v. Robert H. LECZNAR, Respondent.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar (the Bar) and the referee s
...0, 1073 (Fla.1996) (the party contesting the referee s findings and conclusions carries the
burden of demonstrating that there is no evidence in the


939-CITE: 500 So.2d 704 STATE of Florida, Appellant, v. Terrance PETERS, Appellee.
TEXT: WENTWORTH, Judge. The state seeks review of an order by which a sentence was imposed below
t...e absence of such invalid considerations, we vacate appellee s sentence and remand the cause for
resentencing. BOOTH, C.J., and ZEHMER, J., concur.


940-CITE: 702 So.2d 513 PROGRESSIVE INSURANCE COMPANY, Appellant, v. The ESTATE OF Elizabeth J. WESLEY;
The Estate of Taylor C. Wesley; and Stephen Wesley, as personal representative of The Estate of
Taylor C. Wesley, Appellees.

TEXT: QUINCE, Judge. Progressive Insurance Company (Progressive) appeals the summary judgment
ente...on that Taylor Wesley was not excluded from coverage under his mother s insurance policy with
Progressive. BLUE, A.C.J., and NORTHCUTT, J., concur.


941-CITE: 596 So.2d 1178 Jere William THOMPSON, Appellant, v. Jane DOE (alias), Appellee.
TEXT: DIAMANTIS, Judge. Appellant Jere William Thompson appeals from an order denying his motion
t... exercised but found that such exercise of jurisdiction violated both minimum contacts and
traditional notions of fair play and substantial justice.


942-CITE: 591 So.2d 1090 GREATER FLORIDA OUTDOOR ADVERTISING and Executive Risk Consultants, Inc.,
Appellants, v. Thomas S. DICHRISTINA, Appellee.

TEXT: ALLEN, Judge. The employer carrier appeal, and the claimant cross-appeals, a workers
compens... per week, and awards benefits thereon. The order is otherwise affirmed, and the cause is
remanded. SMITH, J., and WENTWORTH, Senior Judge, concur.


943-CITE: 620 So.2d 1004 Jane DOE, Petitioner, v. Jere William THOMPSON, Respondent.
TEXT: SHAW, Justice. We review Thompson v. Doe, 596 So.2d 1178 (Fla. 5th DCA 1992), based on
certi...6, (1987); Hammond v. Butler, Means, Evins & Brown, 300 S.C. 458, 388 S.E.2d 796, cert.
denied, 498 U.S. 952, 111 S.Ct. 373, 112 L.Ed.2d 335 (1990).


944-CITE: 661 So.2d 20 Garrett D. CALLEY and Linda May Calley, his wife, Appellants, v. Thomas M.
WOODRUFF, P.A., Appellee.

TEXT: BLUE, Judge. Mr. and Mrs. Calley appeal an order awarding $10,000 as an attorney s fee to
th...ff and remand with instructions to the trial court to conduct further proceedings in accordance
with Faro. FRANK, C.J., and ALTENBERND, J., concur.


945-CITE: 611 So.2d 5 Leonard LURIA, Appellant, v. WORLD EVANGELISM, a California corporation, Appellee.

TEXT: COPE, Judge. Leonard Luria appeals an adverse final judgment after nonjury trial. We
reverse... the funds himself, and accordingly, has not been unjustly enriched. Reversed and
remanded with directions to enter judgment in favor of defendant.


946-CITE: 447 So.2d 950 Jeff WINANS, Appellant, v. TAMPA BAY BUCCANEERS and Insurance Company of North
America, Appellees.

TEXT: MILLS, Judge. Winans contends the deputy commissioner erred in ruling that his workers
compe...pensation coverage with different carriers. Treatment by the Raiders was not treatment by
the Bucs. AFFIRMED. WENTWORTH and BARFIELD, JJ., concur.


947-CITE: 614 So.2d 644 Robert G. NAJAR, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Acting Chief Judge. Robert Najar appeals from concurrent life sentences imposed
after...in effect at the time of Johnson s sentencing to mean that a valid sentencing law was in
effect measured by the moment when the crime was committed.


948-CITE: 590 So.2d 501 FIBREBOARD CORPORATION, Appellant, v. Samuel KERNESS, et al., Appellees.
TEXT: JORGENSON, Judge. Fibreboard Corporation appeals from a nonfinal order denying its motion
to...sed, serviced, or manufactured by the defendant anywhere were used or consumed within this
state in the ordinary course of commerce, trade or use.


949-CITE: 592 So.2d 1215 M.T.B. BANKING CORPORATION, Appellant, v. Ana Maria BERGAMO DA SILVA, a k a Ana
Maria Do Rego, Appellee.

TEXT: PER CURIAM. M.T.B. Banking Corporation appeals an order determining that M.T.B. waived the
a...her defenses or objections in a responsive pleading or motion. ). The order is therefore
reversed and the cause is remanded for further proceedings.


950-CITE: 693 So.2d 55 Patrick DICKINSON, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Patrick Dickinson was originally charged with four counts of sexual offense
a... s guidelines scoresheet, yielding a total of 36 victim injury points. Proper calculation would
have resulted in a lower sentencing guidelines cell.


951-CITE: 435 So.2d 947 CUSTODIS CONSTRUCTION and Argonaut Insurance Company, Appellants, v. Bruce M.
REGISTER, Appellee.

TEXT: WIGGINTON, Judge. Employer carrier appeal the deputy commissioner s order finding appellee
R....J., and THOMPSON, J., concur. ------------ (FN1) Scotty s, Inc.; Orange County Board of County
Commissioners v. Brenemen, 233 So.2d 377 (Fla.1970).


952-CITE: 463 So.2d 1241 Mark A. OLDS, Johnny Olds, and Doris Olds, Appellants, v. Herbert L. STEPHENSON
and Ruth S. Stephenson, Appellees.

TEXT: OTT, Acting Chief Judge. This is an appeal by a minor and his parents from a final judgment
...d or prejudiced. We therefore VACATE AND SET ASIDE THE JUDGMENT and REMAND for a new trial on
the issue of damages. DANAHY and LEHAN, JJ., concur.


953-CITE: 533 So.2d 928 Lorraine C. TILLMAN, as Personal Representative of the Estate of Elmer L. Smith,
deceased, Appellant, v. Virginia Savage SMITH, Appellee.

TEXT: COBB, Judge. Lorraine Tillman, as personal representative of the estate of Elmer Smith,
chal...issue must fall within Class 7, not Class 1. See Sessoms v. Johnson, 378 So.2d 1260 (Fla. 5th
DCA 1980). REVERSED. COWART and DANIEL, JJ., concur.


954-CITE: 744 So.2d 477 FLORIDA DEPARTMENT OF TRANSPORTATION, Appellant, v. Angelo JULIANO, Appellee.
TEXT: GREEN, J. The Florida Department of Transportation ( DOT ) appeals an adverse final
judgment... entitled to have the jury *480 instructed that he could recover for aggravation of a
preexisting condition. I concur with the rest of the opinion.


955-CITE: 635 So.2d 990 Ronnie L. HENEGAR, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Chief Judge. Ronnie Henegar brings this appeal from the trial court s order denying
...mand for further proceedings consistent with rule 3.850, Florida Rules of Criminal Procedure.
REVERSED and REMANDED. KAHN and BENTON, JJ., concur.


956-CITE: 631 So.2d 358 Charles A. PERRON, as Personal Representative for the Estate of Ursula Bardue,
Appellant, v. Harold DAVIDSON and Martha J. Davidson, Appellees.

TEXT: PER CURIAM. Charles A. Perron, as the personal representative of the estate of Ursula
Bardue...it had expired and is, therefore, barred by the four year statute of limitations. See Sands
v. Blando, 575 So.2d 1306 (Fla. 3d DCA 1991). Affirmed.


957-CITE: 512 So.2d 305 MDM MARBLE COMPANY and CNA Insurance Company, Appellants, v. Janett C. JACKSON,
Appellee.

TEXT: PER CURIAM. MDM Marble Company and CNA Insurance Company (E C) appeal from an order of the
d...ts is therefore compelled. Reversed and remanded for further proceedings consistent with this
opinion. MILLS, WENTWORTH and BARFIELD, JJ., concur.


958-CITE: 435 So.2d 929 HARTFORD INSURANCE COMPANY, Appellant, v. CANAL INSURANCE COMPANY, Appellee.
TEXT: THOMPSON, Judge. Hartford Insurance Company (Hartford) appeals a final order awarding Canal
..., the facts on which the earlier decision was predicated did not continue to be the facts in the
later case; therefore the doctrine is inapplicable.


959-CITE: 503 So.2d 962 In re The ESTATE OF Herman Allen FISHER, Jr. Alberta GILMORE, as Personal
Representative of the Estate of Herman Allen Fisher, Jr., Deceased, Appellant, v. Angelique RAGANS,
as Successor Personal Representative of the Estate of Herman Allen Fisher, Jr., Deceased, Appellee.

TEXT: NIMMONS, Judge. This is an appeal from a final order granting appellee s Petition for
Revoca...d nothing of the mother s age would itself add support to the assumption that she was of
age. (FN4) See Chapter 75-220, section 62, Laws of Florida.


960-CITE: 658 So.2d 1115 Robert Paul BOYD, Appellant, v. The STATE of Florida, Appellee.
TEXT: GERSTEN, Judge. Appellant, Robert Paul Boyd, appeals an order denying his motion to correct
...to the scoresheet error, and the cause must be reversed and remanded for further proceedings.
Reversed and remanded for rehearing and resentencing.


961-CITE: 566 So.2d 770 In re FLORIDA RULES OF CRIMINAL PROCEDURE 3.701 AND 3.988 (SENTENCING
GUIDELINES).

TEXT: REVISED ON MOTION FOR CLARIFICATION (FN*) PER CURIAM. The Sentencing Guidelines Commission
... in Section 921.005(1). Section 921.001(5), Fla.Stat. (Supp.1988). *790 APPENDIX--Continued
(ILLUSTRATION) *791 APPENDIX--Continued (ILLUSTRATION)


962-CITE: 682 So.2d 586 Harris KATZ and Robert Katz, Appellants, v. Medhi GHODSI and Valeria Ghodsi,
Appellees.

TEXT: COPE, Judge. Harris Katz and Robert Katz appeal an order granting new trial. We reverse.
Th...d for a new trial based on the error of the trial court in directing the verdict on the issue
of permanency, but defendant has elected not to do so.


963-CITE: 605 So.2d 1012 SNAPPER POWER EQUIPMENT, INC., A DIVISION OF FUQUA INDUSTRIES, INC., n k a
Snapper Division of Fuqua Industries, Inc., and Broward Power Equipment, Inc., Appellants, v. Louise
Ann DOZER and Ira Larry Dozer, her husband, Appellees.

TEXT: PER CURIAM. Appellants, the defendants in this personal injury case, received a jury
verdict...nstate the final judgment initially entered in favor of appellants. GLICKSTEIN, C.J., and
HERSEY, J., concur. LETTS, J., dissents without opinion.


964-CITE: 467 So.2d 305 Michael ZORZOS, Royal Insurance Company of Canada, a foreign corporation,
Champion Services, Inc. d b a Budget Rent-A-Car of Clearwater, Florida and National Union Fire
Insurance Company Pittsburg, a New York corporation, Petitioners, v. Stephen Joel ROSEN, a minor By
and Through his father and next friend, Michael ROSEN and Barbara Beth Rosen, a minor, By and
Through her father and friend, Michael Rosen, Respondents.

TEXT: SHAW, Justice. This case is before the Court because of certified direct conflict between
th...(FN2) See e.g., Fraternal Order of Police, Lodge No. 6 v. Department of State, 392 So.2d 1296
(Fla.1980); Holley v. Adams, 238 So.2d 401 (Fla.1970).


965-CITE: 739 So.2d 174 PUBLIX SUPERMARKETS, INC., Petitioner, v. Bertie MARTIN, Respondent.
TEXT: PARKER, Acting Chief Judge. Publix Supermarkets, Inc. (Publix), petitions for a writ of
cert...58 So.2d 93 (Fla. 1st DCA 1990). The petition for writ of certiorari is granted in part and
denied in part. ALTENBERND and CASANUEVA, JJ., Concur.


966-CITE: 495 So.2d 280 FLORIDA NATIONAL BANK, Appellant, v. Hugh E. GLOCK, Jane K. Mullans, and Karen
E. Mullans, Appellees.

TEXT: PER CURIAM. The Florida National Bank, as personal representative of the Estate of Maurice
E...es petition to review the personal representative s compensation. Reversed and remanded.
SCHOONOVER, A.C.J., and LEHAN and SANDERLIN, JJ., concur.


967-CITE: 522 So.2d 435 Hernando SANCHEZ, Appellant, v. SECURITY SALES COMPANY and Zurich Insurance
Company, Appellees.

TEXT: JOANOS, Judge. Hernando Sanchez appeals the final order of the deputy commissioner which
den... (Fla. 1st DCA 1987), and cases cited within. Reversed and remanded for proceedings
consistent with this opinion. BOOTH and THOMPSON, JJ., concur.


968-CITE: 450 So.2d 874 Lewis E. BLACKBURN, Appellant Cross-Appellee, v. J. Frank BLACKBURN, Appellee
Cross-Appellant.

TEXT: PER CURIAM. This appeal and cross-appeal challenge the trial court s award of certain items
...o appellee and to amend the final judgment accordingly. We affirm in all other respects.
GRIMES, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.


969-CITE: 442 So.2d 290 In re ESTATE OF S. Cyrus LEWIS, Deceased.
TEXT: WALDEN, Judge. Dr. Rosch, a beneficiary under the terms of the decedent s will appeals from
... was entitled to an award of attorney s fees. Having addressed the Petition For Rehearing, it is
DENIED. DOWNEY, BERANEK and WALDEN, JJ., concur.


970-CITE: 526 So.2d 200 In re ESTATE OF Alan NOVICK a k a Alan R. Novick, Deceased.
TEXT: LETTS, Judge. The trial judge, without comment, granted a motion to dismiss a petition for
s... it has merit, is certainly premature at this time and therefore denied without prejudice.
REVERSED AND REMANDED. DOWNEY and GUNTHER, JJ., concur.


971-CITE: 625 So.2d 138 UNIVERSITY OF MIAMI SCHOOL OF MEDICINE and Aetna Casualty & Surety Company,
Appellants Cross-Appellees, v. Lin SINGLETON, Appellee Cross-Appellant.

TEXT: PER CURIAM. This cause is before us on appeal and cross appeal from an order of the judge
of... the JCC determine the amount of home health care which claimant needs as the result of the
industrial injury. BOOTH, SMITH and MINER, JJ., concur.


972-CITE: 539 So.2d 12 Judy KIRSCHENBAUM and Samuel Kirschenbaum, her husband, Appellants, v. Roger
REHFIELD, Sam Bloom, Sam Bloom, P.A., Thomas P. Feola, P.A. and Sam Bloom, P.A. and Thomas P. Feola,
P.A. d b a Bloom & Feola, Appellees.

TEXT: PER CURIAM. This is an appeal by the plaintiffs Judy and Samuel Kirschenbaum from an
adverse..., Inc., 467 So.2d 1076 (Fla. 5th DCA), rev. denied, 478 So.2d 53 (Fla.1985); see also
Gibbs v. Air Canada, 810 F.2d 1529 (11th Cir.1987). AFFIRMED.


973-CITE: 484 So.2d 649 Darrell Lee SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: DELL, Judge. Darrell Lee Smith challenges the trial court s computation of his guidelines
se...ny convictions and thereafter to sentence appellant accordingly within the guidelines.
REVERSED and REMANDED. HERSEY, C.J., and LETTS, J., concur.


974-CITE: 697 So.2d 942 George SCHLOESSER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant appeals his convictions and sentences for committing one count of
...s reversed, and cause remanded for resentencing consistent with this opinion. FRANK, A.C.J.,
BLUE, J., and RYDER, HERBOTH S., Senior Judge, concur.


975-CITE: 573 So.2d 192 PAYCO-GENERAL AMERICAN CREDITS, INC., etc., Appellant, v. Nancy COSTER, etc.,
Appellee.

TEXT: SCHWARTZ, Chief Judge. Viewed in the required light most favorable to the appellant, the
rec... 601, 36 So.2d 172 (1948); Telesphere Int l, Inc. v. Scollin, 489 So.2d 1152 (Fla. 3d DCA
1986), review denied, 500 So.2d 546 (Fla.1986). Reversed.


976-CITE: 494 So.2d 513 Joseph J. INCARDONA, as Personal Representative of the Estate of Margaret R.
Incardona, Deceased, Appellant, v. AUTO-OWNERS INSURANCE COMPANY, Appellee.

TEXT: CAMPBELL, Judge. This appeal presents the question of whether appellant s deceased daughter
...t coverage was a statutory requirement which could not be excluded by the policy terms. Reversed
and remanded. DANAHY, C.J., and HALL, J., concur.


977-CITE: 523 So.2d 684 Gustavo PERICICH, Appellant, v. CLIMATROL, INC., Appellee.
TEXT: HENDRY, Judge. Appellant, Gustavo Pericich, sustained a back injury while working for
Climat... judgment in favor of Climatrol is affirmed. Because of our disposition, we find it
unnecessary to address other points raised on appeal. Affirmed.


978-CITE: 458 So.2d 1195 CITY OF GAINESVILLE and Crawford & Company, Appellants, v. Charles H. HELTON,
Appellee.

TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order finding
that...4 So.2d 642 (Fla. 1st DCA 1982). *1197 Reversed and remanded for proceedings consistent with
this opinion. BOOTH, SMITH and THOMPSON, JJ., concur.


979-CITE: 498 So.2d 518 Cheryl BAHR, Appellant, v. Howard JOHNSON #24609 and American Mutual Insurance
Company, Appellees.

TEXT: MILLS, Judge. Bahr appeals from a workers compensation order denying the compensability of
h...ent Co. v. Suggs, 352 So.2d 44 (Fla.1977). Accordingly, we affirm the order on appeal. BOOTH,
C.J., concurs. WENTWORTH, J., agrees to conclusion.


980-CITE: 538 So.2d 967 FEISCO, Appellant, v. Peggy POWELL, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from an order of the deputy commissioner
gra...were the result of her industrial accident. Accordingly, we reverse and remand for
proceedings consistent herewith. JOANOS and MINER, JJ., concur.


981-CITE: 741 So.2d 587 AMERICAN AIRLINES, INC., Appellant, v. Rodrigo MONTERO, individually and as
Personal Representative of the Estate of Gilberto Restrepo, Appellee.

TEXT: PER CURIAM. American Airlines, Inc. appeals from orders appointing a personal
representative...minary step in a probate proceeding) such that the time bar would apply to Mr.
Montero s petition to be appointed successor personal representative.


982-CITE: 660 So.2d 1170 Antonio BANNER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse Appellant s sentence and remand for resentencing. However, in all
oth...la. 4th DCA), rev. denied, 624 So.2d 268 (Fla.1993); Thomas v. State, 547 So.2d 1282 (Fla. 4th
DCA 1989). STONE, PARIENTE and SHAHOOD, JJ., concur.


983-CITE: 682 So.2d 1168 METROPOLITAN DADE COUNTY, Appellant, v. Pedro DONESTEVEZ, Appellee.
TEXT: PER CURIAM. Appellant, Metropolitan Dade County, challenges a workers compensation final
ord...port an award of diagnostic testing and evaluation for either condition. AFFIRMED in part;
REVERSED in part. KAHN, DAVIS, and BENTON, JJ., concur.


984-CITE: 472 So.2d 853 Rhonda SCHWARTZ, Appellant, v. FLORIDA ORDNANCE CORP. and Sentry Insurance
Company, Appellees.

TEXT: NIMMONS, Judge. The claimant appeals from an order denying her workers compensation claim
in...vidence of an injury. The record supports the deputy s finding that the claimant suffered no
injury. AFFIRMED. WENTWORTH and ZEHMER, JJ., concur.


985-CITE: 689 So.2d 1197 BENCHWARMERS, INC., Appellant, v. Nathaniel GORIN, as Personal Representative
of the Estate of Ruth Gorin, deceased, Oscar A. Soto, M.D., and Ing-Sei Hwang, M.D., Appellees.

TEXT: STEVENSON, Judge. Benchwarmers, Inc. appeals the dismissal of its Amended Third Party
Compla...6); Newcomer v. Masini, 45 Wash.App.284, 724 P.2d 1122, 1126 (1986). REVERSED AND REMANDED
FOR FURTHER PROCEEDINGS. FARMER and GROSS, JJ., concur.


986-CITE: 642 So.2d 838 Larry SCOTT, Appellant, v. STATE of Florida, Appellee.
TEXT: DELL, Chief Judge. By order, we permitted this belated appeal to proceed as an appeal from
a...everse and remand this cause to the trial court for further proceedings consistent herewith.
REVERSED and REMANDED. WARNER and POLEN, JJ., concur.


987-CITE: 485 So.2d 1367 Sissel COOPER, Douglas Cooper, and Daniel Cooper, as Personal Representatives
of the Estate of I.S. Cooper and Sissel Cooper, individually, Appellants, v. AETNA CASUALTY & SURETY
COMPANY, Appellee.

TEXT: SCHOONOVER, Judge. Appellants, Sissel Cooper, Douglas Cooper, and Daniel Cooper,
co-personal... and remanded. CAMPBELL, A.C.J., and LEHAN, J., concur. ------------ (FN3) Aetna
Casualty & Surety Co. v. Cooper, 447 So.2d 241 (Fla. 2d DCA 1983).


988-CITE: 438 So.2d 898 William ALVIN, as Personal Representative of the Estate of Frederick Scheske,
Deceased, Appellant, v. Mike BERRY, as Personal Representative of the Estate of Michele R.
Anguilano, Deceased, Appellee.

TEXT: PER CURIAM. The record reflects that the evidence presented by appellant is incompetent to
r...h v. Rodriguez, 342 So.2d 1066