Phrase search :Bankrupcy Debt
Results 1-1402
1-CITE: 545 So.2d 317 CAPITAL BANK, Appellant, v. H. Stuart ENGAR and Marlene D. Engar, Appellees.
TEXT: PER CURIAM. This is an appeal by defendant Capital Bank from an adverse declaratory
judgment...orp., 227 So.2d 87 (Fla. 4th DCA 1969); Miami Nat l Bank v. Fink, 174 So.2d 38, 40 (Fla.
3d DCA), cert. denied, 180 So.2d 658 (Fla.1965); Affirmed.
2-CITE: 455 So.2d 1103 SOUTH MIAMI HOSPITAL FOUNDATION, INC., a corporation not for profit, Appellant,
v. Juan B. HERNANDEZ, Appellee.
TEXT: PER CURIAM. This is an appeal from a final judgment entered in an action to collect on an
ou...to enter judgment for South Miami Hospital Foundation, Inc. in the amount of the hospital bill
due and owing, plus interest. Reversed and remanded.
3-CITE: 651 So.2d 1278 Sharon E. FOLEY, Appellant, v. Scott T. FOLEY, Appellee.
TEXT: SHAHOOD, Judge. This is an appeal from a final judgment of dissolution of marriage whereby
t...mony, as the calculation was predicated on an erroneous computation of the marital debt.
REVERSED AND REMANDED. GUNTHER and PARIENTE, JJ., concur.
4-CITE: 705 So.2d 1045 Deborah B. BATES, Appellant, v. R. Stoney BATES, Appellee.
TEXT: FARMER, Judge. In August 1995 the wife filed for relief under the federal bankruptcy law.
Wh...rtion marital debt contrary to the bankruptcy discharge. REVERSED. DELL and SHAHOOD, JJ.,
concur. ------------ (FN1) 11 U.S.C. Section 523(a)(15).
5-CITE: 495 So.2d 839 Michael RATNER, Appellant, v. Valerio BERNABO, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant from an adverse final judgment entered after
... the trial court with directions to enter judgment for the defendant on the plaintiff s
complaint. Affirmed in part; reversed in part and remanded.
6-CITE: 667 So.2d 246 W.E. BISHOP, JR., Appellant, v. Patricia BISHOP, Appellee.
TEXT: PER CURIAM. The marriage of W.E. Bishop, Jr. (husband) and Patricia Bishop (wife) was
dissol... the debt is not satisfied as ordered. We affirm in all other respects. Reversed in part,
affirmed in part. ERVIN, WOLF and LAWRENCE, JJ., concur.
7-CITE: 477 So.2d 31 Wendy M.L. COOPER, as Personal Representative of the Estate of William T. Cooper,
Deceased, Appellant, v. Angie ALFORD, Appellee.
TEXT: THOMPSON, Judge. This is an appeal from an amended final judgment entered in appellant s
fav...s entitled to interest from the date of the original lower court judgment and, as modified,
the judgment is affirmed. MILLS and SMITH, JJ., concur.
8-CITE: 527 So.2d 953 AMERICAN THERMOPLASTIC EXTRUSION COMPANY, Appellant, v. TACKETT PLASTICS, INC.,
Appellee.
TEXT: PER CURIAM. This is an appeal from a non-final order transferring the venue of an
account-st...herein properly selected Dade County. There was no legal basis for upsetting this venue
choice and transferring the cause to Polk County. Reversed.
9-CITE: 723 So.2d 380 Joseph Eugene EXUM, Appellant, v. Whitney EXUM, Appellee.
TEXT: PER CURIAM. We affirm the final judgment of dissolution, but remand to the circuit court
for...*381 debt equally at $5,500 per party. The correct amount of the debt is $5,050. GROSS and
TAYLOR, JJ., and SCHACK, LARRY, Associate Judge, concur.
10-CITE: 697 So.2d 184 Alexander E. MONTANEZ, Appellant, v. Maryann P. MONTANEZ, Appellee.
TEXT: LAZZARA, Judge. The former husband, Alexander Montanez, appeals one provision of the trial
c...nt ability to pay this outstanding debt. See Meadows v. Bacon, 489 So.2d 850 (Fla. 5th DCA 1986)
(citing Bowen v. Bowen, 471 So.2d 1274 (Fla.1985)).
11-CITE: 638 So.2d 577 Sally R. KENNEDY, Appellant, v. Harold E. KENNEDY, Appellee.
TEXT: PER CURIAM. Appellant, Sally R. Kennedy (wife), appeals an order granting the petition of
ap... to enforce dissolution judgments with or without a specific reservation of such power. Seng v.
Seng, 590 So.2d 1120 (Fla. 5th DCA 1991). Affirmed.
12-CITE: 636 So.2d 531 STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, on Behalf of
Christine CUTRONE, Appellant, v. Joseph CUTRONE, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. In this appeal, the Department of Health and Rehabilitative
Se...o him, especially when there is an outstanding child support arrearage. We reverse the refund
to Husband and remand. HALL and QUINCE, JJ., concur.
13-CITE: 442 So.2d 313 William Patrick BREWSTER, Appellant, v. ALACHUA TIRE AND FUEL SERVICES, INC.,
Appellee.
TEXT: PER CURIAM. William Patrick Brewster, the guarantor of one Jerry Estopy, appeals from the
tr...order is otherwise affirmed. AFFIRMED in part, and REVERSED in part. ERVIN, C.J., JOANOS, J.,
and TILLMAN PEARSON (Ret.), Associate Judge, concur.
14-CITE: 519 So.2d 741 PAUL T. RICHMAN, P.A. and Paul T. Richman, Appellant, v. CONSOLIDATED BANK,
N.A., Appellee.
TEXT: PER CURIAM. The summary judgment against the defendant-counter plaintiff Richman is
reversed...conversion by refusing to release its interest in the collateral and in insurance
proceeds when its outstanding debt had been discharged by payment.
15-CITE: 571 So.2d 64 Julie M. LIVINGSTON, Appellant, v. Michael A. LIVINGSTON, Appellee.
TEXT: PATTERSON, Judge. Julie Livingston challenges the trial court s equitable distribution of
th...priate, to reconsider the equitable distribution scheme in light of the new findings. Reversed
and remanded. SCHEB, A.C.J., and FRANK, J., concur.
16-CITE: 471 So.2d 1377 Marion BASTIANI, Appellant, v. Richard K. BASTIANI and Margaret Bastiani, his
wife, Appellees.
TEXT: PER CURIAM. Appellant, Marion Bastiani, and her husband Robert loaned $9,231 to their son,
R... is owed in the event of a sale of the duplex. With that explanation, we affirm the judgment
appealed from. DOWNEY, LETTS and WALDEN, JJ., concur.
17-CITE: 588 So.2d 46 Raymond L. SYFRETT, individually and Alford Farms Inc., a Florida corporation,
Appellants, v. AMSOUTH BANK OF FLORIDA, Appellee.
TEXT: PER CURIAM. We affirm the second amended summary final judgment entered by the circuit
court...ural requirement upon creditors who, while holding an unsatisfied money judgment, seek and
obtain a foreclosure. BOOTH, WOLF and KAHN, JJ., concur.
18-CITE: 583 So.2d 696 ADIDAS DISTRIBUTION CENTRAL, INC., etc., Appellant, v. SPORTING GOODS MANAGEMENT
INC., et al., Appellees.
TEXT: GOSHORN, Judge. Adidas Distribution Central, Inc. (Adidas) appeals the final judgment
awardi...r the guarantee are to be construed in accordance with Michigan law. However, Florida law
governs those payments not made pursuant to the guarantee.
19-CITE: 576 So.2d 920 Rene E. LAMAR and Celestino Borron, Appellants, v. E. Snow MARTIN, trustee,
Appellee.
TEXT: HALL, Judge. This is an interlocutory appeal in which Lamar and Borron challenge the denial
...t s ruling should be reversed and the case remanded with instructions to transfer the action to
Dade County. RYDER, A.C.J., and PARKER, J., concur.
20-CITE: 478 So.2d 449 Harry SUSSKIND, individually, and H. Susskind & Co., Inc., a k a Harry Susskind
& Co., Inc., Appellants, v. CREST INTERNATIONAL CORP., Appellee.
TEXT: FERGUSON, Judge. Plaintiff appellant, a seafood distributor, commenced this action for
libel... Northside Fire Extinguisher Service and Welding Supplies, Inc. v. Wilson Davis Ford, Inc.,
426 So.2d 55 (Fla. 2d DCA 1983). Reversed and remanded.
21-CITE: 649 So.2d 309 Consuelo M. PALERMO, Appellant, v. Edgard F. PALERMO, Appellee.
TEXT: PER CURIAM. Appellant, former wife, appeals from a final judgment of dissolution of
marriage...la.1980). Affirmed in part, reversed in part and remanded for treatment consistent with
this opinion. WARNER, PARIENTE and STEVENSON, JJ., concur.
22-CITE: 475 So.2d 1334 STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant,
v. Essie Mae ROSE, for the Estate of Bee Johnson, Appellee.
TEXT: GRIMES, Acting Chief Judge. The Department of Health and Rehabilitative Services appeals
fro...laim in that case was not one which was specifically discharged by the statute under which it
was created. AFFIRMED. LEHAN and FRANK, JJ., concur.
23-CITE: 712 So.2d 1249 Jean Yves CLERC, Appellant, v. Ambra Diane CLERC, Appellee.
TEXT: COBB, Judge. The sole issue on this appeal is whether the lower court erred in awarding
atto... 275, 276 (Fla. 5th DCA 1985). Accordingly, the August 13, 1996 order on attorney s fees is
reversed. REVERSED. THOMPSON and ANTOON, JJ., concur.
24-CITE: 714 So.2d 669 Michael L. MARSHALL, Appellant, v. Kay SMITH, Appellee.
TEXT: SHAHOOD, Judge. We reverse the trial court s grant of summary judgment in this suit for
repa... summary judgment must show conclusively the absence of any genuine issues of material fact).
REVERSED AND REMANDED. DELL and TAYLOR, JJ., concur.
25-CITE: 441 So.2d 686 Mary E. LANDES and Landes Realty, Inc., Appellants, v. DEPARTMENT OF
PROFESSIONAL REGULATION, Florida Real Estate Commission, Appellees.
TEXT: LEHAN, Judge. Appellants appeal a final order of the Florida Real Estate Commission finding
...s final order which noted that other conduct of Mrs. Landes provided grounds for revoking her
license. AFFIRMED. OTT, C.J., and RYDER, J., concur.
26-CITE: 698 So.2d 1236 Kevin E. BRYAN and Renee M. Bryan, Appellants, v. Kenneth M. CLAYTON, et al.,
Appellees.
TEXT: PER CURIAM. In this appeal we are asked to decide whether maintenance assessments owed to
th...r personal, family or household purposes. Appellants motion to stay or recall mandate is
denied. GRIFFIN, C.J., and COBB and W. SHARP, JJ., concur.
27-CITE: 508 So.2d 455 In re ESTATE OF Harry T. WHITLEY, Deceased.
TEXT: WALDEN, Judge. This is an appeal of an order satisfying a debt. The decision of the probate
...r, 153 Fla. 622, 15 So.2d 451 (1943). The weight of authority supports this conclusion. See 127
A.L.R. 634. Affirmed. DELL and STONE, JJ., concur.
28-CITE: 444 So.2d 568 Jack L. LEVY and Imagineering, Inc., Appellant, v. STEPHEN L. GELLER, INC.,
Appellee.
TEXT: PER CURIAM. An account stated may come into being between a creditor and a debtor where
ther.... Shaw, 334 So.2d 13, 16-17 (Fla.1976); Oceanic International Corporation v. Lantana
Boatyard, 402 So.2d 507, 511-12 (Fla. 4th DCA 1981). Affirmed.
29-CITE: 443 So.2d 159 Joseph G. ROUKOUS, Appellant, v. ESTATE OF Ruby J. KERNAN, Deceased, et al.,
Appellees.
TEXT: MILLS, Judge. Roukous appeals from a final judgment which denied his $38,272 claim against
t...ed. Mrs. Kernan s signature on the statement could not act to revive a previously nonexisting
debt. AFFIRMED. THOMPSON and WIGGINTON, JJ., concur.
30-CITE: 625 So.2d 1275 CSB REALTY, INC., Capital Bank, and Cap Coral, Inc., Appellants, v.
EUROBUILDING CORPORATION, Appellee.
TEXT: PER CURIAM. CSB Realty, Inc., mortgagee, Capital Bank and Cap Coral, Inc., purchasers at
for...in entering the order under review. Accordingly, we reverse and remand for further proceedings
consistent with this opinion. Reversed and remanded.
31-CITE: 503 So.2d 374 James E. MHOON, Appellant, v. Geneva Ann SINGLETON, f k a Geneva Ann Mhoon,
Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order by which a complaint for
indemnificatio... appellant has not alleged facts which would support a claim for contribution. The
order appealed is affirmed. WIGGINTON and NIMMONS, JJ., concur.
32-CITE: 560 So.2d 1382 HOBBY BOX IV, INC., etc., et al., Appellants, v. ASSOCIATED INDEPENDENT
DISTRIBUTORS, INC., etc., Appellee.
TEXT: HARRIS, Judge. Appellants, three businesses (FN1) spawned by Hobby Box, Inc., appeals
prejud...f the individual Hobby Box stores. (FN4) Not referring to the legal status of incorporating
but relating generally to a unified body of individuals.
33-CITE: 595 So.2d 589 DYKEMA GOSSETT f k a Dykema Gossett, Spencer, Goodnow & Trigg, a Michigan
Partnership and Gillespie, McCormick, McFall, Gilbert & McGee, a Florida Partnership, Appellants, v.
Joseph M. ARMBRUSTER, Appellee.
TEXT: GUNTHER, Judge. We reverse the trial court order denying the appellants motion for
prejudgme...urt shall make a specific finding of the due date of the debt and award prejudgment
interest. REVERSED AND REMANDED. DELL and FARMER, JJ., concur.
34-CITE: 444 So.2d 431 Louis A. VANECH, Appellant, v. HARTSFIELD AND SON, INC., and Prestressed
Systems, Inc., Appellees.
TEXT: PER CURIAM. We affirm the judgment in this mechanic s lien fore-closure and contract
action....Corp. v. Carre, 436 So.2d 227 (Fla. 2d DCA 1983) (amount of debt not established by
contract). BOARDMAN, A.C.J., and DANAHY and LEHAN, JJ., concur.
35-CITE: 679 So.2d 1270 Charles David JONES, Appellant, v. Dorinda L. JONES, Appellee.
TEXT: PARKER, Judge. Charles David Jones appeals from a final judgment of dissolution of
marriage.... party responsible for the debt owed to Mr. Jones father s restaurant. Affirmed in
part; reversed in part. CAMPBELL, A.C.J., and BLUE, J., concur.
36-CITE: 650 So.2d 84 Robert NOLDEN, Appellant, v. Robert P. NOLDEN and Susan Nolden, etc., Appellees.
TEXT: HARRIS, Chief Judge. The dispositive issue in this case is whether Susan Nolden s debt
(evid...ount of the final judgment seems inconsistent with the record and that appellees make no
effort to explain it. I would remand for that purpose only.
37-CITE: 669 So.2d 1116 Steve BERMAN, Appellant, v. U.S. FINANCIAL ACCEPTANCE CORPORATION, a Florida
Corporation, Appellee.
TEXT: WARNER, Judge. When the appellee sought to cancel the consulting services of the appellant,
...5 but he was paid five hundred dollars less, section 673.3111 would not apply to the undisputed
debt. Affirmed. PARIENTE and SHAHOOD, JJ., concur.
38-CITE: 542 So.2d 1369 STATE of Florida DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, and Patricia
D Andrea, Appellants, v. Ronald D ANDREA, Appellee.
TEXT: THREADGILL, Judge. Appellants, Department of Health and Rehabilitative Services (HRS) and
Pa...he wife to reimburse HRS. We affirm the judgment in all other respects. Reversed in part,
affirmed in part. SCHEB, A.C.J., and PARKER, J., concur.
39-CITE: 553 So.2d 763 FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, Appellant, v.
Anthony and Josephine VALENTE, husband and wife; and Bafa Corporation, a Florida corporation,
Appellees.
TEXT: THREADGILL, Judge. The Federal Deposit Insurance Corporation (FDIC), plaintiff below,
appeal...this issue was adequately presented, and that summary judgment was thus improper. Reversed
and remanded. LEHAN, A.C.J., and PATTERSON, J., concur.
40-CITE: 490 So.2d 1027 Bobby J. BROMLOW, Appellant, v. PYNE CORPORATION, et al., Appellee.
TEXT: SHIVERS, Judge. This is an appeal from a final judgment ordering recovery of a balance due
f...ed on a valid agreement between Pyne Corporation and Tri State to which Bromlow did not consent.
REVERSED. BOOTH, C.J., and WIGGINTON, J., concur.
41-CITE: 524 So.2d 1098 Ken FORBES and Ann Forbes, Appellants, v. The LEWIS BEAR CO., INC., Appellee.
TEXT: SHIVERS, Judge. Appellants, Ken and Ann Forbes, appeal a final summary judgment entered in
f...ranting appellee s motion for summary judgment, we decline to reach the issue presented by
appellee on cross appeal. MILLS and JOANOS, JJ., concur.
42-CITE: 502 So.2d 491 Thomas William HYSLOP, III, Appellant, v. O NEAL STEEL, INC., Appellee.
TEXT: PER CURIAM. This appeal is taken by Thomas William Hyslop, III, a defendant below, from a
su...nst Hyslop and remand for further proceedings. REVERSED and REMANDED. JOANOS and ZEHMER, JJ.,
and MINER, CHARLES E., Jr., Associate Judge, concur.
43-CITE: 481 So.2d 1276 Chelsea GOODING, Appellant, v. John M. GOODING, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from an order in which the trial court
determi...der that rule to vacate the judgment. Accordingly, I find no abuse of discretion on the
part of the trial judge and would affirm the appealed order.
44-CITE: 456 So.2d 1326 MACK INDUSTRIES DIVISION OF HOLLYWOOD LAND COMPANY, INC., a Florida
corporation, Appellant, v. FRANK J. BAKER GENERAL CONTRACTOR, INC., a Florida corporation, Appellee.
TEXT: DELL, Judge. Appellant supplied materials which appellee used in the construction of a
build...mand with directions to vacate the satisfaction of judgment. REVERSED and REMANDED.
ANSTEAD, C.J., and GEIGER, DWIGHT L., Associate Judge, concur.
45-CITE: 711 So.2d 573 Craig B. LEWIS, Appellant, v. STATE of Florida, DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD, Appellee.
TEXT: QUINCE, Judge. Craig Lewis challenges the Department of Business and Professional
Regulation...to satisfy the Waldens debt would be met and reinstatement of Lewis license would be
appropriate. Affirmed. PARKER, C.J. and CAMPBELL, J., concur.
46-CITE: 675 So.2d 199 Darlene ADKINS, Wife, Appellant, v. Michael Lee ADKINS, Husband, Appellee.
TEXT: WOLF, Judge. Darlene Adkins appeals an order granting motion for entry of a qualified
domest..., and therefore not a debt as that term is used in the bankruptcy code, and not subject to
discharge in bankruptcy. JOANOS and BENTON, JJ., concur.
47-CITE: 451 So.2d 932 TRANSPORTES AEREOS MERCANTILES PANAMERICANOS, S.A., Appellant, v. BANCO
CAFETERO, Appellee.
TEXT: SCHWARTZ, Chief Judge. The trial court denied a motion to dissolve a writ of attachment of
a... I would affirm the denial of the motion of dissolve the writ of attachment as well as the
denial of the motion to dissolve the writ of garnishment.
48-CITE: 637 So.2d 966 Margaret P. LEWIS, Personal Representative of the Estate of Maggie Flowers,
Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: GRIFFIN, Judge. Margaret P. Lewis, as Personal Representative [ Lewis ] of the Estate of
Mag...he lower court with instructions that judgment be entered in favor of the Estate of Flowers.
REVERSED and REMANDED. COBB and GOSHORN, JJ., concur.
49-CITE: 443 So.2d 388 Marilyn F. MASTERS, Appellant, v. Marion Neal MASTERS, Appellee.
TEXT: OTT, Chief Judge. In this postdissolution proceeding, the trial court found that lump sum
al...subject to modification (unless the parties had agreed otherwise). Id. The decision of the
trial court is REVERSED. HOBSON and LEHAN, JJ., concur.
50-CITE: 516 So.2d 337 CSI SERVICES, LTD., Appellant, v. HAWKINS CONCRETE CONSTRUCTION COMPANY, a
Florida Corporation, Hawkins Bridge Co., Inc., a Florida corporation, and C.D. Hawkins, Appellees.
TEXT: WIGGINTON, Judge. Appellant appeals an amended final judgment denying it s request for a
def...his opinion, including resolution of the fair market value issue and the novation defense.
REVERSED and REMANDED. BOOTH and THOMPSON, JJ., concur.
51-CITE: 650 So.2d 628 Mark K. STRALEY, Appellant, v. Stacy FRANK, Appellee.
TEXT: PER CURIAM. By this appeal, we are asked to enforce the mandate issued pursuant to our
opini...due to Straley of $89,068.30. Since Frank has already paid $44,471.00 into the registry of
the trial court, the additional amount due is $44,597.30.
52-CITE: 613 So.2d 104 ADDISON MORTGAGE COMPANY, INC., Appellant, v. Richard C. WEIT, Appellee.
TEXT: SCHWARTZ, Chief Judge. The appellant, which succeeded to the rights of the mortgagee in a
fo...ith directions to enter a deficiency judgment calculated on a $600,000.00 value of the property
in question. Reversed and remanded with directions.
53-CITE: 603 So.2d 54 NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. Danny J. ARCHER, individually
and Danny J. Archer d b a Dan s Market, Appellee.
TEXT: GRIFFIN, Judge. This is the appeal of a final judgment issued after a non-jury trial.
Appell...ed to idemnification if it pays a debt not owed by the principal, provided the surety pays
in good faith, are thus inapplicable in the present case.
54-CITE: 686 So.2d 788 Lynn HADDAD, Appellant Cross-Appellee, v. Jamal HADDAD, Appellee
Cross-Appellant.
TEXT: GRIFFIN, Judge. This is the appeal and cross-appeal of a final judgment of dissolution of
ma...e is deemed appropriate, the lower court should explain the basis for this decision. See
Bomwell v. Bomwell, 676 So.2d 508, 510 (Fla. 4th DCA 1996).
55-CITE: 714 So.2d 1158 John R. COOK, Appellant, v. Julie A. COOK, Appellee.
TEXT: PER CURIAM. The final judgment in this case fails to identify all of the marital debts,
cont... to the Appellant. On remand, the trial court should consider Appellant s request. REVERSED
and REMANDED. COBB, GOSHORN and PETERSON, JJ., concur.
56-CITE: 661 So.2d 374 Kenneth KOEHLER, Appellant, v. Ian ROBERTS, individually and Sunprime Computing,
Ltd., Appellees.
TEXT: QUINCE, Judge. Kenneth Koehler appeals a final judgment entered against him in a proceeding
...ding on a creditor s bill should comply with the requirements of section 68.05, Florida Statutes
(1991). CAMPBELL, A.C.J., and LAZZARA, J., concur.
57-CITE: 722 So.2d 962 MELBOURNE MEDICAL LABORATORY, INC., Appellant, v. LAB CORPORATION OF AMERICA,
etc., Appellee.
TEXT: GOSHORN, J. Melbourne Medical Laboratory, Inc. ( MML ) appeals a summary final judgment
ente...aim and concomitant defense of setoff. AFFIRMED IN PART; REVERSED IN PART; REMANDED.
ANTOON, J., and BLACKWELL-WHITE, A., Associate Judge, concur.
58-CITE: 443 So.2d 202 TOBIAS KNOBLAUCH PRIVATE BANK, Appellant, v. SOUTHERN AERO TRADERS, INC.,
Appellee.
TEXT: NESBITT, Judge. Tobias Knoblauch Private Bank (the Bank) appeals from an order awarding
summ...s differ it does not mean the terms of both will be imported completely into each instrument.
Spadaro v. Baird, 97 Fla. 50, 119 So. 788, 790 (1929).
59-CITE: 528 So.2d 93 Diane LEWIS, wife, Appellant, v. Melvin L. LEWIS, husband, Appellee.
TEXT: ERVIN, Judge. The former wife appeals from an order entered in a post-marital dissolution
ju...the second mortgage owed to his mother is reversed, and the cause is remanded for further
consistent proceedings. BOOTH and WENTWORTH, JJ., concur.
60-CITE: 460 So.2d 914 In re the Marriage of Roswell Gardner CHENEY, Appellant, v. Margaret Joan Scott
Blakey CHENEY, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment in a marriage dissolution case. The
princi...operty was improved. This is not a Ball special equity situation, it is a business deal.
AFFIRMED. COBB, C.J., and FRANK D. UPCHURCH, J., concur.
61-CITE: 666 So.2d 577 Shirley A. ANCIAUX, Appellant, v. Marcus A. ANCIAUX, Appellee.
TEXT: RYDER, Judge. Shirley Anciaux challenges the final judgment s equitable distribution of the
...e award of attorney s fees. Reversed and remanded for further proceedings consistent with this
opinion. THREADGILL, C.J., and WHATLEY, J., concur.
62-CITE: 752 So.2d 1239 MONROE COUNTY, Appellant, v. Joan McCORMICK, Appellee.
TEXT: GODERICH, Judge. Monroe County appeals from a writ of mandamus commanding it to pay Joan
McC... another debt when plaintiff brought timely action to collect such debt). We reverse and
remand for entry of an order consistent with this opinion.
63-CITE: 526 So.2d 1050 Patrick T. ALLEN and Jerry B. Schreiber, Appellants, v. Steven M. ROSEN,
Appellee.
TEXT: DANIEL S. PEARSON, Judge. Allen and Schreiber, the plaintiffs below, appeal from an order
di...itor Brulz, it is enforceable even though not in writing, and the plaintiff s complaint states
a cognizable cause of action. Reversed and remanded.
64-CITE: 483 So.2d 832 Peter M. MASON, Appellant, v. Leonard M. YARMUS and Edith L. Yarmus, Appellees.
TEXT: LEHAN, Acting Chief Judge. We affirm the final judgment against defendant for breach of an
o... breach by the debtor of the obligation and, therefore, no accrual of a cause of action against
the debtor. Affirmed. FRANK and HALL, JJ., concur.
65-CITE: 487 So.2d 1089 DIAMOND INTERNATIONAL CORP., Appellant, v. SJH ENTERPRISES, INC., Appellee.
TEXT: DAUKSCH, Judge. Diamond International obtained a judgment and execution against SJH
Enterpri...se remanded to the circuit court for further proceedings in accordance with this
decision. REVERSED and REMANDED. UPCHURCH and SHARP, JJ., concur.
66-CITE: 714 So.2d 632 Frank Dixon VAUGHN, Appellant, v. Laura Mahaffey VAUGHN, Appellee.
TEXT: WOLF, Judge. Frank Dixon Vaughn, former husband, appeals from a final judgment of
dissolutio...tion of a debt which was incurred entirely during a 16-year marriage, with no proof of
who benefited from the proceeds of the loan. See id. at 1222.
67-CITE: 546 So.2d 801 Joseph A. ELLIS, Appellant, v. Gail COUNCIL, Appellee.
TEXT: OPINION ON REHEARING PER CURIAM. On consideration of appellant s motion for rehearing or
cl...ted percentage computation. See id. Section 61.30(8). (FN3) Those characteristics differentiate
the indebtedness of appellant from that of appellee.
68-CITE: 626 So.2d 701 Abraham EHRLICH, Appellant, v. Raymond MANGICAPRA and Diane Mangicapra,
Appellees.
TEXT: PER CURIAM. AFFIRMED. WARNER, J., and OWEN, WILLIAM C., JR., Senior Judge, concur.
ANSTEAD...ted to dissent from the majority s affirmance of the trial court order exonerating Diane
from personal liability under the covenant in the mortgage.
69-CITE: 677 So.2d 1361 Aubrey D. WHITEHURST, Jr. and Mary E. Whitehurst, Appellants, v. Charles E.
CAMP and Glenda L. Camp, Appellees.
TEXT: VAN NORTWICK, Judge. Audrey D. Whitehurst, Jr. and Mary E. Whitehurst appeal a final
summary...in the judgment . . . . Id. at 374. We certify the direct conflict with Gevertz pursuant
to Article V, section 3(b)(4), of the Florida Constitution.
70-CITE: 653 So.2d 389 LUMBERMENS MUTUAL CASUALTY CO., etc., Petitioner, v. Kay C. PERCEFULL, etc.,
Respondent.
TEXT: OVERTON, Justice. We have for review Lumbermens Mutual Casualty Co. v. Percefull, 638 So.2d
...nd for further proceedings consistent with this opinion. It is so ordered. GRIMES, C.J., and
SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
71-CITE: 523 So.2d 785 Robert H. McQUADY, Appellant, v. Barbara Lee McQUADY, Appellee.
TEXT: COWART, Judge. The parties borrowed $15,000 to be used in a particular business and secured
....1953) (wherein the court noted that the legal effect of the word alimony was controlled by the
actual substance not the form or what it is called).
72-CITE: 473 So.2d 25 Ronald T. CREA, Appellant, v. Barbara J. WILLICK, f k a Barbara J. Crea,
Appellee.
TEXT: DANAHY, Judge. Five months after the dissolution of this short-term marriage, the former
wif... Ball, 440 So.2d 677 (Fla. 1st DCA 1983). The former wife, of course, has her remedy at law.
REVERSED. GRIMES, A.C.J., and SCHOONOVER, J., concur.
73-CITE: 564 So.2d 166 Wanda B. WESCOTT, Appellant, v. AMERIFIRST FEDERAL SAVINGS & LOAN ASSOCIATION,
etc., et al., Appellees.
TEXT: GRIFFIN, Judge. This mortgage foreclosure action is yet one more chapter in a long, much
lit...ust was an invalid passive trust. Accordingly, it was not error to order foreclosure of the
entire debt. AFFIRMED. COBB and PETERSON, JJ., concur.
74-CITE: 584 So.2d 86 Harvey A. SCHNEIDER, Appellant, v. Connie D. CURREY, Appellee.
TEXT: FRANK, Judge. Harvey A. Schneider borrowed $31,000 from Connie D. Currey and subsequently
fi...the final judgment and remand this matter with the direction that the complaint be dismissed
with prejudice. RYDER, A.C.J., and PARKER, J., concur.
75-CITE: 707 So.2d 1140 Joann Yingling SABA, Appellant, v. David Edward SABA, Appellee.
TEXT: PER CURIAM. Joann Saba (wife) appeals from a final judgment of dissolution of marriage. The
...court to revisit the scheme of equitable distribution. Affirmed in part, reversed in part.
MINER and WOLF, JJ., and SHIVERS, Senior Judge, concur.
76-CITE: 604 So.2d 1286 FIRST FLORIDA BANK, N.A., Appellant, v. Larry R. HOWARD and Larry U. Howard,
Appellees.
TEXT: DIAMANTIS, Judge. Appellant First National Bank, N.A. (Bank) appeals an amended final
judgme...st Larry U. Howard and remand for further proceedings consistent with this opinion.
REVERSED in part; REMANDED. W. SHARP, and HARRIS, JJ., concur.
77-CITE: 612 So.2d 700 Elias M. ROCHA, Aimee Martinez-Rocha and XM Properties, Realtor, Appellants, v.
Gary M. WOLFSON and Stacey T. Wolfson, Appellees.
TEXT: PER CURIAM. This is an appeal by the defendant buyers [Elias Rocha and Aimee
Martinez-Rocha]...c., 461 So.2d 988 (Fla. 1st DCA 1984), rev. dismissed, 469 So.2d 748 (Fla.1985);
Popwell v. Abel, 226 So.2d 418, 422 (Fla. 4th DCA 1969). Affirmed.
78-CITE: 539 So.2d 605 David ARNOWITZ, Appellant, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED
STATES, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant David Arnowitz from a final judgment based
on...s Co., 305 So.2d 269, 270 n. 1 (Fla. 3d DCA 1974); Florida Livestock Bd. v. Hygrade Food Prod.
Corp., 141 So.2d 6, 7 (Fla. 1st DCA 1962). AFFIRMED.
79-CITE: 618 So.2d 365 Robert G. DEGEN, Appellant, v. Janis F. DEGEN, Appellee.
TEXT: FARMER, Judge. In this appeal from a final judgment of dissolution of marriage, we conclude
... GLICKSTEIN, C.J., and WARNER, J., concur. ------------ (FN1) Wife also requested child support
of $840 per month, along with other monetary relief.
80-CITE: 602 So.2d 1372 H. Theresa PEREZ, Appellant, v. Patricia M. KOSSOW, Appellee.
TEXT: PER CURIAM. Perez claims in this appeal that the trial court interfered with her right of
re...mption price, plus court costs and reasonable attorney s fees. Affirmed in part, reversed in
part, and remanded for further consistent proceedings.
81-CITE: 518 So.2d 439 Virgil K. HOBBS, Appellant, v. Clara Jeanette HOBBS, Appellee.
TEXT: ERVIN, Judge. The husband appellant appeals an order modifying a final judgment of
dissoluti... 422 So.2d 1079 (Fla. 1st DCA 1982). AFFIRMED in part, REVERSED in part and REMANDED
for consistent proceedings. JOANOS and BARFIELD, JJ., concur.
82-CITE: 614 So.2d 19 Joseph STEPHENS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant pled nolo contendere to a charge of grand theft for failure to return
...(Fla.1984). We certify conflict, however, with Hamrick v. State, 519 So.2d 81 (Fla. 3d DCA 1988).
AFFIRMED. DELL, GUNTHER and WARNER, JJ., concur.
83-CITE: 625 So.2d 1246 Brian J. GILLER, Appellant, v. Susan R. GILLER, Appellee.
TEXT: PER CURIAM. There was no error in the trial court s determination that its previous award
of...451, 453 (S.D.Fla.1982); Matter of Vazquez, 92 B.R. 533, 535 (S.D.Fla.1988); cf. Scharmen v.
Scharmen, 613 So.2d 121 (Fla. 1st DCA 1993). Affirmed.
84-CITE: 518 So.2d 933 FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF the FLORIDA KEYS, Appellant, v.
Louis S. ST. LAURENT, II, Individually and as Trustee, Can-Am Investments, Inc., Can-Am Investment
Realty, Inc., Mary Bafalis and Ilene Hoffman, Appellees.
TEXT: PER CURIAM. This is an appeal by the seller of real property [First Federal Savings & Loan
A...nc. v. Sykes, 450 So.2d 1114 (Fla.1984). Moreover, the remaining point on appeal presents no
reversible error and requires no discussion. Affirmed.
85-CITE: 469 So.2d 936 EARL W. SHOMBER & CO., INC., Appellant, v. FLORIDA CASINO ASSOCIATES, INC.,
Appellee.
TEXT: PER CURIAM. Earl W. Shomber & Co., Inc. [Shomber], the defendant in a breach of contract
act...ed and the cause is remanded to the trial court with directions to transfer the venue of this
cause to Polk County, Florida. Reversed and remanded.
86-CITE: 735 So.2d 497 Kathleen SIMPSON, f k a Kathleen Simpson Ruzicka, Appellant, v. Christopher
William RUZICKA, Appellee.
TEXT: PER CURIAM. The provision in the appealed orders directing the appellant to pay the
appellee...nal sum for a portion of the debt *498 to Source One is hereby stricken. The orders are
otherwise affirmed. JOANOS, ALLEN and WEBSTER, JJ., concur.
87-CITE: 529 So.2d 803 John W. ARRIGONI, an individual, Appellant, v. RING POWER CORPORATION, a
corporation, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals a summary final judgment entered in favor of appellee
in...ough it is maintaining a separate action on the subsequent security agreement, it is entitled
to only one payment even if it receives two judgments.
88-CITE: 756 So.2d 1078 ROSL, INC., a Florida corporation, Donald La Londe, and Jo Ann La Londe Rios,
Appellants, v. James M. DES JARDINS, Appellee.
TEXT: POLEN, J. Jo Ann La Londe Rios, Donald La Londe, and ROSL, Inc. appeal from a judgment
enter... respect to the remaining points raised on appeal, we affirm as unpersuasive. AFFIRMED IN
PART, REVERSED IN PART. FARMER and HAZOURI, JJ., concur.
89-CITE: 522 So.2d 546 NORWEST BANK OWATONNA, N.A., Appellant, v. James Delmar MILLARD, Appellee.
TEXT: DOWNEY, Judge. Appellant, Norwest, was awarded a final judgment of foreclosure in the
amount...deficiency decree for the difference between the fair market value of the property and the
amount owed to Norwest. WALDEN and GUNTHER, JJ., concur.
90-CITE: 724 So.2d 153 Michael DOERFLEIN, Appellant Cross-Appellee, v. Anne DOERFLEIN, Appellee
Cross-Appellant.
TEXT: THOMPSON, Judge. Michael Doerflein ( former husband ) appeals and Ann Doerflein ( former
wif...ring to take financial evidence from the parties. AFFIRMED IN PART; REVERSED IN PART.
DAUKSCH, J., concurs. PETERSON, J., concurs in result only.
91-CITE: 695 So.2d 400 XENON EDUCATIONAL SYSTEMS, INC., and Eric D. Ronkin, Appellants, v. BARNETT BANK
OF BROWARD COUNTY, N.A., Appellee.
TEXT: ON MOTION TO LIFT STAY FARMER, Judge. When appellant Eric Ronkin filed for relief under
cha...t Eric Ronkin, the chapter 13 debtor. GUNTHER, C.J., and POLEN, J., concur. ------------
(FN1) 11 U.S.C. Section 362. (FN2) 11 U.S.C. Section 1301.
92-CITE: 655 So.2d 1274 BARNETT RECOVERY CORPORATION, Appellant, v. Henry FORNASARI, Appellee.
TEXT: FRANK, Chief Judge. Barnett Recovery Corporation (BRC) appeals from a summary judgment
enter...verse and vacate the summary judgment and remand this matter for further proceedings
consistent with this opinion. DANAHY and LAZZARA, JJ., concur.
93-CITE: 627 So.2d 538 Phil C. FROUG, Appellant, v. CARNIVAL LEISURE INDUSTRIES, LTD., Appellee.
TEXT: LEVY, Judge. A debtor appeals an adverse final judgment for the collection of a gambling
deb...cts its own citizens, by making it illegal for them to enter a casino. See Ch. 351, Section
49, Statute Law of The Bahamas (Rev.Ed.1988). Reversed.
94-CITE: 548 So.2d 736 GENERAL BANK, F.S.B., f k a General Federal Savings and Loan Association of
Miami, Appellant, v. WESTBROOKE POINTE, INC., Appellee.
TEXT: FERGUSON, Judge. General Bank appeals from an order awarding surplus funds to the
owner-mort...he resolution of which are not essential to the disposition of this case, are to be
decided in the pending foreclosure action on the third mortgage.
95-CITE: 626 So.2d 702 Abraham EHRLICH, Appellant, v. Raymond MANGICAPRA and Diane Mangicapra,
Appellee.
TEXT: OPINION ON REHEARING ANSTEAD, Judge. We grant appellant s motion for rehearing and now
reve...rein. Accordingly, we reverse and remand for further proceedings consistent herewith.
WARNER, J., and OWEN, WILLIAM C., JR., Senior Judge, concur.
96-CITE: 631 So.2d 327 Charles E. FORTNER, Appellant, v. Gera M. FORTNER, Appellee.
TEXT: ALTENBERND, Judge. Mr. Fortner appeals an award of attorney s fees to his former wife. She
i...fees under section 61.16 should not depend upon the courtroom in which the twine is unraveled.
Affirmed. DANAHY, A.C.J., and CAMPBELL, J., concur.
97-CITE: 717 So.2d 592 GALLOWAY GLEN HOMES ASSOCIATION, INC., Appellant, v. UMLIC-SIX CORP., Appellee.
TEXT: NESBITT, Judge. A subdivision s homeowner association appeals a determination by way of
summ...998), which calls a balloon mortgage a partially amortized mortgage. *594 the note and the
first mortgage securing the same. Reversed and remanded.
98-CITE: 508 So.2d 422 STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant,
v. Bessie TRAMMELL, Personal Representative of the Estate of Lee Warren, Deceased, Appellee.
TEXT: ERVIN, Judge. The Department of Health and Rehabilitative Services (HRS) appeals an order
of...tection of the constitutional homestead provisions that exempt the decedent s property from
forced sale. REVERSED. MILLS & WIGGINTON, JJ., concur.
99-CITE: 665 So.2d 1133 James E. CHERESKIN, Appellant, v. Mary C. CHERESKIN, Appellee.
TEXT: PETERSON, Chief Judge. James E. Chereskin appeals the final judgment dissolving his
marriage...that places the husband in a position of predictable failure and despair. JUDGMENT
VACATED IN PART; REMANDED. W. SHARP, and THOMPSON, JJ., concur.
100-CITE: 686 So.2d 646 BARB S SPRINKLERS, INC., a Florida corporation, Arie Taykan and Barbara Tayken,
Appellants, v. WATER BOY LAWN SPRINKLER S, INC., and Jack Klein, Appellees.
TEXT: STEVENSON, Judge. This is an appeal from a final judgment entered pursuant to a verdict for
...nter *647 judgment for the defendants, Barb s Sprinklers, Inc. REVERSED and REMANDED.
GLICKSTEIN, J., and BROWN, LUCY C., Associate Judge, concur.
101-CITE: 696 So.2d 930 TEXAS GUARANTEED STUDENT LOAN CORPORATION, a foreign corporation, Appellant, v.
Jeffrey R. WARD, Appellee.
TEXT: THREADGILL, Acting Chief Judge. Texas Guaranteed Student Loan Corporation (TGSLC),
defendant...rated *933 to satisfy due process requirements. See Rafal v. Mesick, 661 So.2d 79 (Fla.
2d DCA 1995). Reversed. PATTERSON and FULMER, JJ., concur.
102-CITE: 435 So.2d 867 MEIGS & COPE AGENCY OF FLORIDA, INC., Appellant Cross-Appellee, v. Edythe
KOFFEY, Appellee Cross-Appellant.
TEXT: DANIEL S. PEARSON, Judge. Finding no merit in the points raised in the main appeal, we
affir... Accident Insurance Company, 99 So.2d 225 (Fla.1957). Therefore, the debt became due thirty
days after the loss which occurred on September 5, 1981.
103-CITE: 582 So.2d 18 C.T.W. CO., INC., a Florida corporation, Appellant, v. RIVERGROVE APARTMENTS,
INC., Charles Caccamo, Donald M. Nairne, and Gibbons, Smith, Cohn & Arnett, P.A., Appellees.
TEXT: PATTERSON, Judge. In this consolidated foreclosure action, C.T.W. Co., Inc., appeals from
th... and Nairne are not prejudiced from pursuing their claims in a collateral suit. Reversed and
remanded. THREADGILL, A.C.J., and PARKER, J., concur.
104-CITE: 560 So.2d 419 J.F. HOFF ELECTRIC CO., INC., Appellant, v. Daniel F. GOLDSTEIN and Meredith
Goldstein, his wife, Appellees.
TEXT: DOWNEY, Judge. Appellant, J.F. Hoff Electric Company, Inc., (Hoff), appeals from a final
jud...ngly, the judgment appealed from is reversed and the cause is remanded for entry of judgment
for appellant. DOWNEY, ANSTED and WALDEN, JJ., concur.
105-CITE: 756 So.2d 155 Michael BANTON, Appellant, v. Angelina PARKER-BANTON, Appellee.
TEXT: PER CURIAM. Former Husband appeals the final judgment of dissolution. Finding that the
trial...all other respects, the final judgment is affirmed. AFFIRMED IN PART, REVERSED IN PART, AND
REMANDED. WARNER, C.J., DELL and GUNTHER, JJ., concur.
106-CITE: 600 So.2d 537 In re ESTATE OF Joseph Wellington PALMER, Deceased.
TEXT: POLEN, Judge. Appellants bring this appeal from the trial court s order entered subsequent
t...ial court s order awarding the estate of Helen Palmer $83,301.45 plus interest of $24,675.49.
AFFIRMED. GLICKSTEIN, C.J., and ANSTEAD, J., concur.
107-CITE: 584 So.2d 205 FORD MOTOR CREDIT COMPANY, a corporation, Appellant, v. Thomas Ellis JONES and
Barbara E. Jones, Appellees.
TEXT: FRANK, Judge. This appeal originates in a summary judgment entered against Ford Motor
Credit...was commercially reasonable. We reverse and remand for further proceedings consistent with
this opinion. DANAHY, A.C.J., and CAMPBELL, J., concur.
108-CITE: 668 So.2d 320 REM-CON COMMUNICATIONS, INC., and Ralph Chancey, Appellants, v. UNITED AMERICAN
BANK OF MEMPHIS, Appellee.
TEXT: PARKER, Judge. Rem-Con Communications, Inc., and Ralph Chancey appeal a summary final
judgme...verse the summary final judgment as to UAB s complaint and Rem-Con s counterclaim.
Reversed and remanded. DANAHY, A.C.J., and WHATLEY, J., concur.
109-CITE: 736 So.2d 732 Christopher WHELAN, Appellant, v. Debra WHELAN, Appellee.
TEXT: POLEN, J. Christopher Whelan, the former husband, appeals a Final Judgment of Dissolution
of...al assets and equitable distribution of those assets, as well as provision for visitation.
REVERSED and REMANDED. DELL and STEVENSON, JJ., concur.
110-CITE: 543 So.2d 429 Sally RIBA, Appellant, v. Lena PILA and Salomon Pila, a k a Solomon Pila,
Appellees.
TEXT: PER CURIAM. The appellant, Sally Riba, challenges the trial court s final judgments
ordering...y of final judgments in favor of the appellant. Reversed and remanded with instructions.
SCHOONOVER, A.C.J., and HALL and THREADGILL, JJ., concur.
111-CITE: 489 So.2d 866 TREASURE CAY, LTD., Appellant, v. GENERAL MICA CORPORATION, Appellee.
TEXT: DANIEL S. PEARSON, Judge. This is an appeal from a summary judgment determining that
General...g claims had a common origin, the debts asserted by the defendants were owing by the
plaintiff, and the plaintiff was exposed to multiple liability.
112-CITE: 633 So.2d 62 ARTHUS BERTRAND, S.A., Appellant, v. Susan DAVIS, et al., Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiff Arthus Bertrand, S.A. from an adverse final
j...a. 2d DCA 1958); 8 Fla.Jur.2d Business Relationships Section 541 (1982). The final judgment
under review is, therefore, in all respects, Affirmed.
113-CITE: 613 So.2d 585 Susan KERSH, Appellant, v. Robert KERSH, Appellee.
TEXT: WARNER, Judge. Appellant wife challenges the trial court s order sustaining the appellee
hus...imilar. In that case as in Alfrey the husband stipulated that he had the increased financial
ability to pay the requested support. Id. at 1264 n. 1.
114-CITE: 645 So.2d 33 Joyce Ann GARDNER, Appellant, v. David Allen STOCK, Appellee.
TEXT: PETERSON, Judge. Joyce Ann Gardner appeals a final judgment of dissolution of marriage. We
v...objection to appellant s interrogatories was made because the request for answers was not
provided timely before trial. The objection was sustained.
115-CITE: 547 So.2d 197 James WATERS, Appellant, v. Rosalyn Joy ALBANESE, Appellee.
TEXT: STONE, Judge. A former husband appeals from an order holding him in contempt for failure to
...nahan v. Klyn, 268 Mich. 120, 255 N.W. 733 (1934). The order holding the appellant in contempt
is affirmed. HERSEY, C.J., and GUNTHER, J., concur.
116-CITE: 640 So.2d 148 STATE of Florida DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, and Teresa
Diana Lopez, Appellants, v. Thomas Edward SPRAGG, Appellee.
TEXT: PER CURIAM. The appellants, State of Florida Department of Health and Rehabilitative
Service...s v. Swatts, 556 So.2d 467 (Fla. 1st DCA 1990). Reversed and remanded with instructions.
CAMPBELL, A.C.J., and SCHOONOVER and QUINCE, JJ., concur.
117-CITE: 711 So.2d 1300 Gail L. RUSSELL, Appellant, v. William S. RUSSELL, Jr., Appellee.
TEXT: CASANUEVA, Judge. Appellant, Gail L. Russell, brings for review a final judgment dissolving
... award of permanent periodic alimony. Affirmed in part; reversed in part; and remanded with
instructions. BLUE, A.C.J., and NORTHCUTT, J., concur.
118-CITE: 732 So.2d 439 Michael F. BUCCINA, Appellant, v. MID AM RECOVERY SERVICES, INC., Appellee.
TEXT: PER CURIAM. Appellant challenges the temporary injunction forbidding him from soliciting
app...1.610; Richard v. Behavioral Healthcare Options, Inc., 647 So.2d 976 (Fla. 2d DCA 1994).
CAMPBELL, A.C.J., and NORTHCUTT and STRINGER, JJ., Concur.
119-CITE: 458 So.2d 848 Edward E. HADDOCK, Jr., as Trustee; Robert M. Woods, Jr., and Alvin Barasch,
Appellants, v. Marvin G. MARLIN and Carolyn S. Marlin, his wife; Lyle Powell and Myra Powell, his
wife, Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment in a mortgage foreclosure case. The
issues...ceedings as are necessary to comply herewith. REVERSED in part, AFFIRMED in part and
REMANDED. COBB, C.J., and FRANK D. UPCHURCH, Jr., J., concur.
120-CITE: 516 So.2d 34 Carl L. YUNG and Glenda A. Yung, Appellants, v. GULF COAST NATIONAL BANK, a
national banking corporation, Appellee.
TEXT: PER CURIAM. We affirm the final judgment entered against appellants for the amount of the
de...ney s fees. No award of attorney s fees is contained in the record. Affirmed. DANAHY, C.J.,
LEHAN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
121-CITE: 512 So.2d 298 VALPARAISO BANK AND TRUST CO., Sevilla Development Corporation, Inc., George
Bull, Mary Bull, Sam H. Vuncannon, Pearl M. Vuncannon, Jack L. Vuncannon, Mary L. Vuncannon and
Allives, Ltd, Appellants, v. ROYAL TRUST BANK, N.A., Appellee.
TEXT: CHARLES MINER, Associate Judge. This cause is before us on appeal from a summary final
judgm...accordance with this opinion. ERVIN and THOMPSON, JJ., concur. ------------ (FN1) After
accounting for interest and costs, details irrelevant here.
122-CITE: 700 So.2d 60 The SEASONS PARTNERSHIP I, a Florida general partnership, Appellant, v.
KRAUS-ANDERSON, INCORPORATED, a Minnesota corporation, Appellee.
TEXT: ALTENBERND, Judge. The Seasons Partnership I (The Seasons) appeals a nonfinal order
granting...ly, we reverse the order appointing a receiver and remand for further proceedings.
Reversed and remanded. CAMPBELL, A.C.J., and FRANK, J., concur.
123-CITE: 588 So.2d 51 A.M. HOCHSTADT, Appellant, v. ORANGE BROADCAST, etc., et al., Appellees.
TEXT: JORGENSON, Judge. A.M. Hochstadt appeals from an order of final summary judgment entered on
...e the bankruptcy court determined that the debt was repaid in full, the issue of whether the debt
was nondischargeable because of fraud became moot.
124-CITE: 482 So.2d 534 Carl E. BARNARD, and wife, Louise Barnard and Barnard Development Company,
Appellants, v. FIRST NATIONAL BANK OF OKALOOSA COUNTY, Appellee.
TEXT: SHIVERS, Judge. This is an appeal from a deficiency judgment entered in favor of appellee,
F...ue fair market value. For the reasons stated above, the deficiency judgment entered by the
trial court is REVERSED. MILLS and ZEHMER, JJ., concur.
125-CITE: 630 So.2d 673 Henry N. COPPOLA, Appellant, v. Lenora COPPOLA, Appellee.
TEXT: STONE, Judge. The final judgment of dissolution is reversed. With respect to alimony, the
re...l security disability benefits. Therefore, the final judgment is reversed and remanded for
further proceedings. ANSTEAD and PARIENTE, JJ., concur.
126-CITE: 643 So.2d 1141 Michael S. HUEY, Appellant, v. Mabel Joyce HUEY n k a Mabel Joyce Eng,
Appellee.
TEXT: KLEIN, Judge. Appellant, former husband, appeals an order providing that debts arising out
o...gs here were clearly erroneous. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150
(Fla.1979). AFFIRMED. GUNTHER and STEVENSON, JJ., concur.
127-CITE: 642 So.2d 1117 Dane D. MORGAN, as Trustee, Appellant, v. Richard KELLY, et al., Appellees.
TEXT: GERSTEN, Judge. Appellant, mortgagee Dane D. Morgan (Morgan), appeals a post-foreclosure
def...justifies a reduced award, then the court should state that principle with particularity. See
Mizner Bank, 588 So.2d at 326. Reversed and remanded.
128-CITE: 598 So.2d 289 The AMERICAN BANK OF THE SOUTH, Appellant, v. Jack ROTHENBERG, etc., Appellee.
TEXT: GOSHORN, Chief Judge. The American Bank of the South appeals the summary final judgment of
f...prevent his production of the instrument and its terms. Section 673.804, Fla.Stat. (1991);
Gutierrez v. Bermudez, 540 So.2d 888 (Fla. 5th DCA 1989).
129-CITE: 678 So.2d 366 Cathi A. BOSTIC, Appellant, v. Terrance A. BOSTIC, Appellee.
TEXT: QUINCE, Judge. Cathi A. Bostic seeks review of a trial court order refusing to enforce an
in...set-off of the monies due under the note. We, therefore, reverse and remand for further
proceedings. SCHOONOVER, A.C.J., and PATTERSON, J., concur.
130-CITE: 439 So.2d 888 THE FLORIDA BAR, Complainant, v. John N. MAYO, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before the Court on the complaint of The
Florida... bad debt. The system is damaged when this procedure is used in this manner. The
controversy should be referred to the county court as a civil debt.
131-CITE: 576 So.2d 907 Samuel Nick SHAW, Appellant, v. CHARTER BANK, a Federal Savings Bank, formerly
Pine Belt Savings and Loan Association, Appellee.
TEXT: WOLF, Judge. Shaw appeals a final judgment granting a deficiency judgment to Charter Bank
(C...inst the remaining debt (original debt minus the fair market value of the property received).
Reversed and remanded. ERVIN and ALLEN, JJ., concur.
132-CITE: 715 So.2d 1073 Marie Ange PIERRE-LOUIS, Appellant, v. Wilmard PIERRE LOUIS, Appellee.
TEXT: PER CURIAM. On this appeal, the former wife challenges that portion of the final judgment
of..., the court found that the former wife will earn less than fifty percent of what the former
husband grosses, even after she completes her schooling.
133-CITE: 746 So.2d 1157 Robert W. EDWARDS and David L. Gorman, Appellants Cross-Appellees, v. FEDERAL
DEPOSIT INSURANCE CORPORATION, as Receiver of Bank of South Palm Beaches, a dissolved Florida
banking corporation, Appellee Cross-Appellant.
TEXT: PER CURIAM. The appellants appeal the deficiency judgment entered against them. The
appellee... remand for a recalculation of the deficiency amount. AFFIRMED in part, REVERSED in
part, and REMANDED. GUNTHER, KLEIN and STEVENSON, JJ., concur.
134-CITE: 653 So.2d 405 Betty L. TSATIRIS, Appellant, v. George A. TSATIRIS, Appellee.
TEXT: PER CURIAM. AFFIRMED. DAUKSCH, J., concurs. PETERSON, J., concurs and concurs specially
wi...e wife, and to fashion a post-dissolution decree, which will permit her to remain living in the
marital residence during the minor child s minority.
135-CITE: 579 So.2d 215 NEW HOLLAND, INC., Appellant Cross-Appellee, v. James J. TRUNK, etc., et al.,
Appellees Cross-Appellants.
TEXT: COWART, Judge. In 1974, a manufacturer (Sperry-New Holland) began selling equipment on
credi...o the debtor and assigned to the assignee. REVERSED and REMANDED for proceedings consistent
with this opinion. GRIFFIN and DIAMANTIS, JJ., concur.
136-CITE: 620 So.2d 1116 Charles Anthony REILLY, et al., Appellants, v. Angelo BARRERA, et al.,
Appellees.
TEXT: PER CURIAM. Charles and Vera Reilly (the Reillys) appeal the amended final judgment denying
...whether in satisfaction of a debt, or as compensation for a breach of duty, or for a failure to
keep a contract, interest attaches as an incident.
137-CITE: 723 So.2d 852 AMERICAN MEDICAL SYSTEMS, INC., a foreign corporation, Appellant, v. Richard
HOEFFER and Linda Hoeffer, his wife, Appellees.
TEXT: PER CURIAM. Defendant American Medical Systems, Inc. (AMS) appeals a trial court order
overt...gment--which would in all likelihood have resulted in a peremptory challenge. Id. at 242
(citation and internal quotation marks omitted). Affirmed.
138-CITE: 509 So.2d 1352 FLORIDA REINVESTMENT CORPORATION, a Florida corporation, Abrahim R. Golshani,
and Rahman Golzar, Appellants, v. CYPRESS SAVINGS ASSOCIATION, a Florida Savings Association and
Sears, Roebuck and Company, Appellees.
TEXT: EN BANC GLICKSTEIN, Judge. Appellant defendant appeals an order of the Palm Beach County
Ci...it was intentional. Accordingly, we decline to take jurisdiction. Based on this court s
decision in Mann, this non-final appeal should be dismissed.
139-CITE: 470 So.2d 33 Wilbur S. LAW, Appellant, v. BLUE LAGOON-POMPANO, INC., etc., Appellee.
TEXT: GLICKSTEIN, Judge. This is an appeal by the plaintiff purchaser of a $90,000 pleasure boat
w...based on the identical res sued upon, i.e,. a Chris Craft. In my view, prejudgment interest
should only be calculated on $77,000.00 not $90,000.00.
140-CITE: 481 So.2d 101 Martin K. DONALDSON, Appellant, v. Michele M. DONALDSON, Appellee.
TEXT: SCHEB, Judge. This appeal arises from a final judgment of dissolution of marriage. Martin
Do... We remand for proceedings consistent with this opinion. In all other respects, we affirm the
final judgment. GRIMES, A.C.J., and HALL, J., concur.
141-CITE: 516 So.2d 344 B.J. COLLEY, Jr., Appellant, v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF
PANAMA CITY, Appellee.
TEXT: SHIVERS, Judge. This is an appeal by the defendant mortgagor of the trial court s order
gran...ion for receiver, we note that the appellee should be allowed to file an amended motion, if
it wishes to do so. SMITH, C.J., and MILLS, J., concur.
142-CITE: 468 So.2d 1004 Richard M. CRUM and Libbye J. Crum, his wife, Appellants, v. UNITED STATES
FIDELITY AND GUARANTY COMPANY, Appellee.
TEXT: ZEHMER, Judge. This is an appeal from a final judgment in favor of United States Fidelity
an...ent with sufficient particularity to require application of the cited rule, the motion for
rehearing is denied. ERVIN, C.J., and BOOTH, J., concur.
143-CITE: 616 So.2d 571 Charles BAKER, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Appellant, Charles Baker ( Baker ), was charged with four counts of grand
the...does not bar a criminal court from subsequently ordering the defendant to make restitution of
that debt. AFFIRM. DAUKSCH and GRIFFIN, JJ., concur.
144-CITE: 738 So.2d 515 H.J.J., INC., a Florida corporation, Appellant, v. PARTY PRODUCTIONS, II, INC.
and Fred D. Productions, Inc., a Florida corporation, Appellee.
TEXT: PER CURIAM. H.J.J., Inc. ( HJJ ), the plaintiff below, appeals an order granting attorneys
f...it was filed. See Section 57.105(1), Fla.Stat.(1997). Accordingly, the trial court s award of
attorneys fees to PPII and FDP is reversed. Reversed.
145-CITE: 632 So.2d 233 BARNETT BANK OF ALACHUA COUNTY, N.A., v. Michael L. STEINBERG, and Miriam F.
Steinberg, his wife; Prestige Development Group Inc.; and Brenda Smith, Appellees.
TEXT: PER CURIAM. Appellant, Barnett Bank (the bank), challenges the trial court s non-final
order...ding no abuse of discretion in this case, we affirm the trial court s refusal to appoint a
receiver. ZEHMER, C.J., and MINER and WOLF, JJ., concur.
146-CITE: 617 So.2d 1090 TANNING RESEARCH LABORATORIES, INC., A Florida Corporation, Appellant, v.
HAWAIIAN TROPIC PTY. LTD. (In Liquidation), an Australian Corporation, Appellee.
TEXT: HARRIS, Judge. A dispute arose concerning attorney s fees (among other issues) between
Tanni...s not to confirm the arbitration award in total, and reverse and remand for that purpose.
REVERSED and REMANDED. DAUKSCH and GRIFFIN, JJ., concur.
147-CITE: 579 So.2d 192 FLORIDA ZIPPO, INC., Appellant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA,
Appellee.
TEXT: PER CURIAM. Appellant, Florida Zippo, Inc., appeals a partial summary judgment of
foreclosur... an effective manner does acceleration take place. See, e.g., David v. Sun Federal
Savings and Loan Association, 461 So.2d 93 (Fla.1984). Affirmed.
148-CITE: 705 So.2d 948 THOMAS J. KONRAD & ASSOCIATES, INC., Appellant, v. John A. McCOY and Barnett
Bank, N.A., Appellees.
TEXT: WEBSTER, Judge. Appellant seeks review of an order dissolving a continuing writ of
garnishme...rse and remand *950 for further proceedings consistent with this opinion. REVERSED and
REMANDED, with directions. LAWRENCE and DAVIS, JJ., concur.
149-CITE: 739 So.2d 108 PAUL BONILLA, Appellant, v. Blanca BONILLA, Appellee.
TEXT: PER CURIAM. Paul Bonilla, the former husband, appeals a final judgment of dissolution of
mar...the wife and the husband had made premarital financial contributions to the same real estate.
See id. That is not the situation in the present case.
150-CITE: 611 So.2d 1333 David J. GANGELHOFF, d b a Gulf Marine of Clearwater, and David J. Gangelhoff,
Individually, Appellants, v. TRANSAMERICA COMMERCIAL FINANCE CORPORATION, Appellee.
TEXT: FRANK, Judge. David Gangelhoff, the owner of Gulf Marine of Florida, has appealed from a
fin...mmary judgment was improper. We reverse and remand for further proceedings consistent with
this opinion. DANAHY, A.C.J., and CAMPBELL, J., concur.
151-CITE: 598 So.2d 293 STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES and Earl
Behnke, Appellants, v. Cathy BEHNKE-COOLIDGE, Appellee.
TEXT: FRANK, Judge. Earl Behnke (Behnke) and the Florida Department of Health and Rehabilitative
S...ely reflecting, with appropriate findings, Coolidge s financial responsibility for support of
the child. LEHAN, A.C.J., and ALTENBERND, J., concur.
152-CITE: 711 So.2d 1202 Norman DE LAPOUYADE, Appellant, v. Jonelle DE LAPOUYADE, Appellee.
TEXT: PER CURIAM. This is a consolidated appeal from three post-dissolution of marriage orders.
No...argeable in bankruptcy. We affirm all remaining issues. Reversed in part, affirmed in part.
CAMPBELL, A.C.J., and ALTENBERND and BLUE JJ., concur.
153-CITE: 580 So.2d 327 Craig A. BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, Judge. Craig A. Brown, who was found guilty of attempted second-degree murder,
app...3d DCA 1982). We reverse the judgment, vacate the sentence, and remand for a new trial.
REVERSED and REMANDED. W. SHARP and GOSHORN, JJ., concur.
154-CITE: 450 So.2d 533 DIVERSIFIED COMMERCIAL DEVELOPERS, INC., Ramblewood Plaza, William A. Joyner,
Joel Bowie and Fidelity & Deposit Company of Maryland, Appellants, v. FORMRITE, INC., et al.
Appellees.
TEXT: GOLDMAN, MURRAY, Associate Judge. This is an appeal from an amended final judgment entered
i...st retroactive to November 10, 1978, on any damages up to the amount of the retainage, and to
October 10, 1978, on any additional amount of damages.
155-CITE: 621 So.2d 574 Dorothy BRYANT, Appellant, v. Carter BRYANT, Appellee.
TEXT: PARKER, Judge. Dorothy Bryant appeals a judgment for child support arrearage which
determine...ned in the registry of the court during this appeal. We also note that Mr. Bryant has
not participated personally or through counsel in this appeal.
156-CITE: 518 So.2d 422 AL BOOTH S, INC., Appellant, v. BOYD-SCARP ENTERPRISES, INC., et al., Appellees.
TEXT: UPCHURCH, Chief Judge. Al Booth s, Inc., sued Boyd-Scarp Enterprises and James Rathmann for
...hat Rathmann agreed to pay in the event Boyd-Scarp Enterprises did not. This is not a direct
promise to pay, but is only collateral. I would affirm.
157-CITE: 657 So.2d 1274 Frank ROSTER, Appellant, v. THE PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA, d
b a Jackson Memorial Hospital, Appellee.
TEXT: FARMER, Judge. Although we affirm the summary judgment on the intervenor hospital s claim
ag...stment of the final amount due on the judgment. AFFIRMED IN PART, REVERSED IN PART. GUNTHER,
C.J., and WILLIAM C. OWEN, Jr., Senior Judge, concur.
158-CITE: 458 So.2d 1186 Wade CLEGG and Christine Clegg, jointly and severally, Appellants, v. CHIPOLA
AVIATION, INC., Appellee.
TEXT: MILLS, Judge. The Cleggs appeal a final judgment entered in favor of Chipola Aviation, Inc.
... in writing. The Cleggs third point on appeal is without merit. The judgment of the trial court
is affirmed. ERVIN, C.J., and ZEHMER, J., concur.
159-CITE: 656 So.2d 602 Bernard R. PARE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Bernard R. Pare appeals his conviction for grand theft, claiming that the trial
...error in the exclusion of the other proffered evidence. Accordingly, we reverse and remand for a
new trial. ERVIN, MINER, and BENTON, JJ., concur.
160-CITE: 535 So.2d 352 BLOSAM CONTRACTORS, INC., Appellant, v. Joseph F. LUYCX, Appellee.
TEXT: ZEHMER, Judge. Blosam Contractors, Inc. (Blosam) appeals an order determining that a
chargin...dgment is reversed and the cause is remanded for further proceedings consistent herewith.
REVERSED AND REMANDED. ERVIN and WENTWORTH, JJ., concur.
161-CITE: 436 So.2d 224 O.K. HOUSTOUN, Jr., and Gail B. Baldwin, Appellants, v. Gordon M. ALBURY, Jr.,
et al., Appellees.
TEXT: HENDRY, Judge. Appellants bring these consolidated appeals from the final judgment of
accoun... review of the record, briefs, and applicable law, find them to have no merit. Accordingly,
the final judgment of accounting is affirmed. Affirmed.
162-CITE: 663 So.2d 623 THE FLORIDA BAR re Harry WINDERMAN.
TEXT: PER CURIAM. Harry Winderman is petitioning for reinstatement to The Florida Bar. We have
jur...t Winderman, for which sum let execution issue. It is so ordered. GRIMES, C.J., and OVERTON,
SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
163-CITE: 708 So.2d 701 SANFORD TRAILS DEVELOPMENT, INC., et al., Appellant, v. CENTRAL ORLANDO PAVING
COMPANY, INC., Appellee.
TEXT: HARRIS, Judge. The trial court found an equitable lien in favor of Central Orlando Paving
Co...al Orlando s obligation satisfied by the conveyance of property. AFFIRMED in part, REVERSED in
part and REMANDED. DAUKSCH and ANTOON, JJ., concur.
164-CITE: 529 So.2d 1275 Armand SAVOIE, et al., Appellants, v. SOUTHEAST BANK, N.A., etc., Appellee.
TEXT: SHARP, Chief Judge. Armand and Judy Savoie appeal from a summary final judgment of
foreclosu...oies if $77,675.17: $67,487.11 (American First mortgage payment) + $42,000 (option
price) + $8,188.06 (taxes and insurance) less credit for $40,000.
165-CITE: 704 So.2d 563 Chris MATHERLY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Following his conviction for the third-degree felony of misapplication of
constr...e, 649 So.2d 253 (Fla. 2d DCA 1994). We affirm as to the remaining issues without
discussion. AFFIRMED. WEBSTER, MICKLE and PADOVANO, JJ., concur.
166-CITE: 481 So.2d 507 SUN BANK, N.A., Appellant, v. Ernestina L. SOLARES and Nydia Del Valle,
Appellees.
TEXT: PER CURIAM. AFFIRMED. COBB, C.J., and UPCHURCH, J., concur. COWART, J., dissents with
opin...rev. denied, Cowan v. Sanders, 467 So.2d 999 (Fla.1985); Dewing v. Nelson & Company, 117
So.2d 744 (Fla. 2d DCA 1960). This case should be reversed.
167-CITE: 507 So.2d 142 BARNETT BANK OF JACKSONVILLE, N.A., Appellant, v. STATE of Florida ex rel. the
DEPARTMENT OF INSURANCE, Appellee.
TEXT: ZEHMER, Judge. Barnett Bank filed a petition in the ancillary receivership proceedings
again...der and REMAND for further proceedings consistent with this opinion. THOMPSON and BARFIELD,
JJ., concur. ------------ (FN2) Ch. 83-38, Laws of Fla.
168-CITE: 449 So.2d 954 Gloria Tarte WHITE and Wallace Hayes, Appellants, v. Neil B. KAPLAN, Appellee.
TEXT: SCHWARTZ, Chief Judge. Notwithstanding the appellants not uncogent contention that the law
s...Scheneman v. Barnett, 53 So.2d 641 (Fla.1951), and cases cited. The summary judgment rendered
below in the defendant s favor is therefore Affirmed.
169-CITE: 474 So.2d 1242 John SAVAGE-HAWK and Lisa Savage-Hawk, his wife, Appellants, v. PREMIER OUTDOOR
PRODUCTS, INC., Appellee.
TEXT: RYDER, Chief Judge. John and Lisa Savage-Hawk appeal an order denying rehearing of a final
J...sons, therefore, we reverse and set aside the final judgment, and the matter is remanded for
further proceedings. DANAHY and CAMPBELL, JJ., concur.
170-CITE: 498 So.2d 450 NEW PORT LARGO, INC., Appellant, v. Mary Anne MUNZ, as personal representative
and substitute trustee, Appellee.
TEXT: PER CURIAM. On this appeal by a second mortgagor, we find no error in the determinations
bel...Affirmed as amended. ------------ (FN1) Of course, this ruling has no effect upon the
application of the first mortgage to all the subject property.
171-CITE: 585 So.2d 449 Iris PITONE, Appellant Cross Appellee, v. Alphonse Joseph PITONE, M.D., Appellee
Cross Appellant.
TEXT: POLEN, Judge. The parties to this appeal were divorced by final judgment of dissolution of
m...ve motions for appellate attorney s fees are denied. The final judgment of dissolution is
affirmed in all respects. DELL and GUNTHER, JJ., concur.
172-CITE: 525 So.2d 982 Joan G. POOLE, Appellant, v. Henry Benjamin SAVAGE, Appellee.
TEXT: ZEHMER, Judge. Joan G. Poole appeals from an order determining the value of her special
equi...fore, is moot and no longer subject to appellate review. REVERSED AND REMANDED. SHIVERS,
J., and PEARSON, TILLMAN (Ret.), Associate Judge, concur.
173-CITE: 482 So.2d 1362 Herbert WEINER, Petitioner, v. AMERICAN PETROFINA MARKETING, INC. Respondent.
TEXT: EHRLICH, Justice. This is a petition to review a decision of the Fourth District Court of
Ap...onflict. We remand for further proceedings consistent herewith. It is so ordered. BOYD, C.J.,
and ADKINS, OVERTON, McDONALD and SHAW, JJ., concur.
174-CITE: 748 So.2d 349 Joel W. ROBBINS, as Dade County Property Appraiser, et al., Appellant, v. MT.
SINAI MEDICAL CENTER, INC. and Linc Scientific Leasing, Appellees.
TEXT: LEVY, Judge. Joel Robbins, the Dade County Property Appraiser ( Property Appraiser ),
appeal...rties, considered in the context of the relationship between the parties, did not convey
Lessee equitable title to the leased properties. Reversed.
175-CITE: 589 So.2d 451 LIBERTY BUSINESS CREDIT CORPORATION, a Pennsylvania corporation, Appellant, v.
SCHAFFER DUNADRY, a Florida general partnership; Schaffer Properties, Inc., a Florida corporation
and Dunadry Development U.S., Inc., a Florida corporation, individually and as general partners of
Schaffer Dunadry, a Florida general partnership; and Kalin Enterprises, Inc., a Florida corporation
successor by merger to Kalin Financial, Inc.,; Robert E. Schaffer; Joyce C. Schaffer; and Niall
Falloon, Appellees.
TEXT: THREADGILL, Judge. The appellant challenges an order denying its motion for determination
of...ring, the parties should proceed consistent with the holdings of Thunderbird and Fara.
Reversed and remanded. RYDER, A.C.J., and HALL, J., concur.
176-CITE: 679 So.2d 1311 James MOORE, Appellant, v. Jill MOORE, Appellee.
TEXT: PER CURIAM. The former husband appeals from a final judgment of dissolution of marriage in
w...remand for a more equitable distribution or for the court to articulate appropriate reasons for
the unequal distribution of the parties liabilities.
177-CITE: 594 So.2d 786 Salvatore C. GRECH, Appellant, v. M.W. SCHRYVER, M.W. Schryver, P.A., and
Sperate Inc., Appellees.
TEXT: LEHAN, Judge. Appellant Salvatore C. Grech, the plaintiff below, argues that the trial
court... the agreement out of the statute of frauds. See Hiatt v. Vaughn, 430 So.2d 597, 598 (Fla.
4th DCA 1983). SCHOONOVER, C.J., and DANAHY, J., concur.
178-CITE: 724 So.2d 661 CENTURY GROUP, INC., a Florida corporation, Appellant, v. PREMIER FINANCIAL
SERVICES EAST, L.P., a Delaware limited partnership, Appellee.
TEXT: QUINCE, PEGGY A., Associate Judge. This appeal arises from the foreclosure of property on
wh...lusively establish market value of property for purposes of a deficiency decree. Fulton v. R.K.
Cooper Const. Co., 208 So.2d 863 (Fla. 3d DCA 1967).
179-CITE: 530 So.2d 1008 Randall R. FEAGLE, Appellant, v. Rosemary S. FEAGLE, n k a Rosemary S. Sears,
Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of a a post-judgment order declining to discharge
h...arties. The order appealed is reversed and the cause remanded for further proceedings
consistent herewith. SMITH, C.J., and WIGGINTON, J., concur.
180-CITE: 660 So.2d 396 Wilfred N. DESROSIERS, Ben Price, and Jeffrey S. Russell, as Trustee,
Appellants, v. Douglas RUSSELL and Michael Keller, Appellees.
TEXT: RYDER, Acting Chief Judge. The appellants challenge the trial court s final judgment, which
..., 616 So.2d at 1202 (contribution not grounded on contract, but on equitable principles).
Reversed and remanded. CAMPBELL and QUINCE, JJ., Concur.
181-CITE: 556 So.2d 507 DIXIE CLAMP & SCAFFOLD, INC., a Florida corporation, Appellant, v. George MASSEY
and G.E. Massey Construction, Inc., Appellees.
TEXT: PER CURIAM. The trial court ruled that the outstanding account owed to the plaintiff was
but...turely, and, for that reason, we not only reverse, but also remand for a new trial. REVERSED
AND REMANDED. DOWNEY, ANSTEAD and LETTS, JJ., concur.
182-CITE: 727 So.2d 1110 Paul R. LEVINE, M.D., as Trustee and Tampa Obstetrics, P.A., Appellants, v.
Joseph J. SAAVEDRA, M.D. and Deborah F. Saavedra, his wife, Appellees.
TEXT: CAMPBELL, Acting Chief Judge. In this declaratory judgment action on a note and mortgage,
ap...a party in the nonjury trial, any attempt to adjudicate T.O. s rights was in error. The
judgment is reversed. PATTERSON and CASANUEVA, JJ., Concur.
183-CITE: 498 So.2d 997 Peter HILES, individually and derivatively on Behalf of the stockholders of Auto
Bahn Sales and Leasing, Inc., and on behalf of Auto Bahn Sales and Leasing, Inc., Appellant, v. AUTO
BAHN FEDERATION, INC., a Florida corporation, and the Estate of Joseph A. Uzzo, Deceased, Appellees.
TEXT: PER CURIAM. Appellants Peter Hiles and Auto Bahn Sales and Leasing, Inc., filed this
interlo... because there was no showing or irreparable harm or lack of an adequate remedy at law.
REVERSED. HERSEY, C.J., and DELL and GUNTHER, JJ., concur.
184-CITE: 453 So.2d 1175 Dorothy W. ROGERS, Appellant, v. Mary L. WILLARD, Jeffrey Willard and Pigeon
House Patio, Inc., a Florida corporation, Appellees.
TEXT: PER CURIAM. We reverse the directed verdict entered in favor of the defendant upon a
finding...7 So.2d 435, 437 (Fla.1955); Barnett Bank of Palm Beach County, N.A. v. Regency Highland
Condominium Association, 452 So.2d 587 (Fla. 4th DCA 1984).
185-CITE: 604 So.2d 909 SCHOPKE CONSTRUCTION & ENGINEERING, INC., and The Hartford Fire Insurance
Company, Appellants, v. NEWHAM PLASTERING, INC., a Florida corporation, Appellee.
TEXT: W. SHARP, Judge. Schopke Construction & Engineering, Inc., and its surety, the Hartford
Fire...., concur. ------------ (FN1) Fla.R.App.P. 9.130(a)(3)(C)(v) (review of nonfinal orders which
determine whether a party is entitled to arbitration).
186-CITE: 530 So.2d 977 REAL ESTATE APARTMENTS, LTD., Appellant, v. BAYSHORE GARDEN APARTMENTS, LTD.,
Appellee.
TEXT: PARKER, Judge. In this appeal, Real Estate Apartments, Ltd. (REA) seeks review of the trial
... the trial court s order awarding appellate attorneys fees to Bayshore. Affirmed in part;
reversed in part. CAMPBELL, C.J., and LEHAN, J., concur.
187-CITE: 689 So.2d 268 THE FLORIDA BAR, Complainant, v. Richard E. BOSSE, Respondent.
TEXT: PER CURIAM. Richard Bosse petitions this Court for review of a referee s recommendations
reg...r in the amount of $1,022.75, for which sum let execution issue. It is so ordered. OVERTON,
SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
188-CITE: 528 So.2d 482 EUROVEST, LTD., Appellant, v. Matthew J. SEGALL, Appellee.
TEXT: PER CURIAM. Eurovest Limited appeals an order declaring its mortgage invalid. We reverse.
D...r fraudulent conveyance will lie. For the foregoing reasons, the order denying Eurovest s
counterclaim for foreclosure of its mortgage is reversed.
189-CITE: 580 So.2d 822 Glenn O. MORTORO, Appellant Cross-Appellee, v. John L. MALONEY, et al.,
Appellees Cross-Appellants.
TEXT: HARRIS, Judge. In 1985, Glenn O. Mortoro, joined by his wife, executed a $1,800,000 note to
...s entitled to the remaining funds. REVERSED and REMANDED for further proceedings consistent with
this opinion. GRIFFIN and DIAMANTIS, JJ., concur.
190-CITE: 749 So.2d 584 Jose SANTIAGO, Appellant, v. Aladina SANTIAGO, Appellee.
TEXT: W. SHARP, J. We agree with appellant, Jose Santiago, the former husband, that error
occurred...rties have tried to collect the debt and have failed. Therefore, on remand, I would
instruct the trial court to divide the debt between the parties.
191-CITE: 675 So.2d 687 BESCO USA INTERNATIONAL CORP., Appellant, v. HOME SAVINGS OF AMERICA FSB, etc.,
Appellee.
TEXT: PETERSON, Chief Judge. Besco USA International Corp. appeals a final summary judgment of
for... vacate the final judgment of foreclosure and remand for further proceedings. FINAL JUDGMENT
VACATED; REMANDED. W. SHARP and GOSHORN, JJ., concur.
192-CITE: 613 So.2d 121 Linda Jean SCHARMEN, Appellant, v. Cory Clay SCHARMEN, Appellee.
TEXT: ALLEN, Judge. Linda Jean Scharmen appeals from a circuit court order determining that an
att... we reverse the appealed order and remand for the trial court to enter a new order consistent
with the holding herein. SMITH and WOLF, JJ., concur.
193-CITE: 709 So.2d 142 Frances KAZYMIRCZUK, Appellant, v. Nicholas KAZYMIRCZUK, Appellee.
TEXT: WHATLEY, Judge. Frances Kazymirczuk, the Wife, appeals an amended final judgment of
dissolut...he trial court s valuation of the pension plan. Affirmed in part and reversed and
remanded in part. ALTENBERND, A.C.J., and NORTHCUTT, J., concur.
194-CITE: 683 So.2d 148 Maria Isabel PINEIRO, Appellant, v. Fernando L. PINEIRO, Appellee.
TEXT: SHEVIN, Judge. Maria Isabel Pineiro, the former wife, appeals a final judgment of
dissolutio...husband being current in his support payments. Ford v. Ford, 592 So.2d 698 (Fla. 3d DCA
1991). Affirmed as modified and remanded with instructions.
195-CITE: 508 So.2d 1323 EASTERN NATIONAL BANK, Appellant, v. GLENDALE FEDERAL SAVINGS AND LOAN
ASSOCIATION, Appellee.
TEXT: FERGUSON, Judge. Plaintiff Eastern National Bank (Eastern) appeals from a final summary
judg...ordingly, the doctrine of subrogation leaves Eastern in the same position it would have been
in if AmeriFirst had assigned the mortgage to Glendale.
196-CITE: 578 So.2d 53 Jeanne E. MORRILL, Appellant, v. William C. MORRILL, Appellee.
TEXT: DANAHY, Acting Chief Judge. The wife in this dissolution action appeals the final judgment
c...the remaining two-thirds interest in the retirement fund. He still possesses, however, an
income-producing ability far superior to that of the wife.
197-CITE: 460 So.2d 523 David N. BRUSHINGHAM, Appellant, v. STATE of Florida, Appellee.
TEXT: GEIGER, DWIGHT L., Associate Judge. This is an appeal from an order revoking probation and
s...e bargain. No error is demonstrated. The order of revocation of probation and sentence appealed
are AFFIRMED. ANSTEAD, C.J., and DELL, J., concur.
198-CITE: 465 So.2d 1376 Howard WARREN, Lenore Warren and Bertha Weissman, Cross-Appellants, v. OLD
DOMINION INSURANCE CO., Cross-Appellee.
TEXT: COBB, Chief Judge. This appeal concerns the entitlement of the insureds to prejudgment
inter... reversed, and this cause is remanded for entry of a judgment consistent with this opinion.
REVERSED and REMANDED. SHARP, and COWART, JJ., concur.
199-CITE: 753 So.2d 637 Angelina MANSOLILLO, Appellant, v. PARTIES BY LYNN, INC., and Lynn Shapiro,
Appellees.
TEXT: COPE, J. Angelina Mansolillo appeals a final judgment entered in proceedings supplementary.
...he general master fixed the loss as of July 15, 1994, and Ms. Mansolillo has not claimed error
with regard to the selection of that particular date.
200-CITE: 617 So.2d 820 Sidney W. REGISTER, Appellant, v. M. Sue REGISTER, Appellee.
TEXT: PER CURIAM. Sidney W. Register appeals from an order of contempt. Appellant conceded that
he...purge himself of contempt any sums that represent payments in furtherance of equitable
distribution of property. ALLEN, WOLF and KAHN, JJ., concur.
201-CITE: 438 So.2d 408 William J. GOTTSCHAMER and Nancy Gottschamer, Appellants, v. AUGUST, THOMPSON,
SHERR, CLARK & SHAFER, P.C., a Michigan corporation, Appellee.
TEXT: SCHOONOVER, Judge. This is an appeal from an order determining the amount of set-off the
gua...a set-off in the amount of $195,000. REVERSED and REMANDED for proceedings consistent with
this opinion. BOARDMAN, A.C.J., and GRIMES, J., concur.
202-CITE: 611 So.2d 1367 Joan Downing LAWHON, Petitioner, v. Roger MASON and Marie Mason, as natural
parents and guardians of John Paul Mason, a minor; and Government Employees Insurance Company,
Respondents.
TEXT: PER CURIAM. Joan Lawhon seeks a writ of certiorari to review a prejudgment order entered by
...nd this case is remanded to circuit court for further proceedings consistent with this opinion.
RYDER, A.C.J., and HALL and PATTERSON, JJ., concur.
203-CITE: 586 So.2d 1278 SUMMA INVESTING CORP., Appellant, v. RESOLUTION TRUST CORP., Appellee.
TEXT: PER CURIAM. The defendant, Summa Investing Corp. [Summa], appeals from a final judgment of
f...ified foreclosure of the mortgage on the basis of a monetary default. The trial court properly
entered the final judgment of foreclosure. Affirmed.
204-CITE: 745 So.2d 1123 Alejandro H. GUZMAN, et al., Appellants, v. TOYOTA MOTOR CREDIT CORPORATION,
etc., Appellee.
TEXT: COBB, J. The appellant, Alejandro Guzman, allegedly was the victim of an impersonator who,
u...Florida s Consumer Collection Practices Act (Count I) and invasion of privacy (Count III), The
complaint was later amended to drop these two claims.
205-CITE: 669 So.2d 1110 Delbert SPENCE, Appellant, v. Mary SPENCE, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal and cross-appeal from an order of the trial
co...sues raised, but not addressed herein, are affirmed. AFFIRMED in part, REVERSED and REMANDED
in part. BOOTH, JOANOS and VAN NORTWICK, JJ., concur.
206-CITE: 543 So.2d 332 Peter A. BRIGGS, Appellant, v. The ESTATE OF Pauline GEELHOED, a k a Pauline F.
Geelhoed, Deceased, By and Through its Personal Representative, Jewel JOHNSON, Appellee.
TEXT: HERSEY, Chief Judge. In an action to foreclose a mortgage the trial court ruled in favor of
...f laches. The claim is not time barred and appellant is entitled to foreclose the mortgage.
REVERSED and REMANDED. LETTS and GUNTHER, JJ., concur.
207-CITE: 702 So.2d 1311 Richard E. MAUCK, Appellant, v. Kimberly K. MAUCK, Appellee.
TEXT: W. SHARP, Judge. Richard E. Mauck appeals from a dissolution judgment which ended his
13-yea...3d DCA 1993) (no attorney s fee award where parties in substantially equal financial
position even though one party earning twice as much as other).
208-CITE: 755 So.2d 822 John SULLO, Petitioner, v. CINCO STAR, INC. and Nationsbank, N.A., etc.,
Respondents.
TEXT: PETERSON, J. John Sullo, d b a Gold Exchange, petitions for a writ of certiorari to review
a...for a loan after the funds have been received. The petition for a writ of certiorari is denied.
PETITION DENIED. HARRIS and GRIFFIN, JJ., concur.
209-CITE: 638 So.2d 1038 Susie Ann CLOUD, Appellant, v. Lawrence Earl CLOUD, Appellee.
TEXT: WOLF, Judge. In the second appearance of this case before this court, appellant, Susie Ann
C...remand for further consideration as to these issues. See Anderson v. Anderson, 617 So.2d 1109
(Fla. 1st DCA 1993). BARFIELD and ALLEN, JJ., concur.
210-CITE: 630 So.2d 1090 Joseph STEPHENS, Petitioner, v. STATE of Florida, Respondent.
TEXT: McDONALD, Justice. We review Stephens v. State, 614 So.2d 19 (Fla. 4th DCA 1993), because
of...ARDING, Justice, concurring. I concur, but write only to note that we have not addressed the
validity of the plea agreement. OVERTON, J., concurs.
211-CITE: 455 So.2d 1074 The HARTFORD ACCIDENT AND INDEMNITY COMPANY, Appellant, v. L & T, INC., Ajax
Truck Rentals, Inc., and Beaver Tire Co., Appellees.
TEXT: ZEHMER, Judge. The Hartford Accident and Indemnity Company (Hartford) appeals a final
summar...reversed, and the case is remanded for further proceedings consistent with this opinion.
REVERSED and REMANDED. SHIVERS and THOMPSON, JJ., concur.
212-CITE: 679 So.2d 52 F.H. HARTWIG, Appellant, v. SECURITY NATIONAL PARTNERS, LTD., a Louisiana limited
partnership; Marina Placida Development Corporation, a Florida corporation; and George L. Arehart,
Appellees.
TEXT: QUINCE, Judge. Frederick H. Hartwig (Hartwig) appeals the trial court s order denying his
mo... be dismissed as to this defendant. The order denying Hartwig s motion to dismiss is hereby
reversed. SCHOONOVER, A.C.J., and WHATLEY, J., concur.
213-CITE: 506 So.2d 35 John MANTESTA, Appellant, v. FLORIDA PATIENT S COMPENSATION FUND, Appellee.
TEXT: DOWNEY, Judge. The issue before us in this appeal is whether the acceptance of certain
check... cause is remanded with directions to enter final judgment for the appellant. GLICKSTEIN,
J., and WETHERINGTON, GERALD T., Associate Judge, concur.
214-CITE: 481 So.2d 1002 ATLANTIC MOBILE HOMES, INC., Florida Atlantic Associates, and Florida Atlantic
Associates, Number Two, Petitioners, v. Robert C. LeFEVER, George J. Krause, and Joe C. Clark,
Respondents.
TEXT: PER CURIAM. At issue in this petition for a writ of certiorari is whether the judgment
credi...fore, this court s ruling is without prejudice to the respondents right to sue the
partnership itself. ANSTEAD, GLICKSTEIN and HURLEY, JJ., concur.
215-CITE: 569 So.2d 502 GELCO CORPORATION, n k a Gelco Equipment Leasing Company, Appellant, v. UNITED
NATIONAL BANK, Appellee.
TEXT: COPE, Judge. Gelco Corporation appeals an interlocutory order granting United National Bank
...assignment of any funds in the hands of the drawee available for its payment, and the drawee is
not liable on the instrument until he accepts it. ).
216-CITE: 583 So.2d 430 Roger SAADA, Appellant, v. GRUMMAN CREDIT CORPORATION, Appellee.
TEXT: PER CURIAM. We find no error in the trial court finding that the appellant, individually
gua...a. 3d DCA 1983); Stein v. Miss Franie s, Inc., 417 So.2d 726 (Fla. 1st DCA 1982); Roy v.
Davidson Equipment, Inc., 423 So.2d 496 (Fla 4th DCA 1982).
217-CITE: 648 So.2d 819 Steven M. ROUKES, Appellant, v. Tee Angel ROUKES, Appellee.
TEXT: PER CURIAM. We reverse the final judgment of dissolution and remand with direction that it
b...rted by the record. In all other respects, the final judgment is affirmed. STONE, and POLEN,
JJ., and DONNER, AMY STEELE, Associate Judge, concur.
218-CITE: 529 So.2d 1277 ROCKING CHAIR MOTEL, INC., et al., Appellants, v. FEDERAL DEPOSIT INSURANCE
CORPORATION, etc., Appellee.
TEXT: SHARP, Chief Judge. We reverse the final summary judgment of foreclosure in favor of
Federal... 32, 33 (Fla. 5th DCA 1983); O Connell v. Walt Disney World Company, 413 So.2d 444 (Fla.
5th DCA 1982). REVERSED. DAUKSCH and DANIEL, JJ., concur.
219-CITE: 509 So.2d 1366 William RILEY, Appellant, v. Beverly A. RILEY, Appellee.
TEXT: SHARP, Judge. William Riley appeals from the trial court s order holding him in contempt
for...ic Relations in the United States, at 467 (1968); See Note, The Use of Contempt of Court to
Enforce Florida Divorce Decrees, 6 Nova L.J. 313 (1982).
220-CITE: 695 So.2d 471 BOARDWALK REGENCY CORP., Appellant, v. Bruce HORNSTEIN, Appellee.
TEXT: PER CURIAM. Appellant, Boardwalk Regency Corporation, owner of an Atlantic City gambling
cas...Featherstone, 504 So.2d 63 (Fla. 4th DCA), review denied, 513 So.2d 1061 (Fla.1987).
REVERSED. GUNTHER, C.J., and DELL and STEVENSON, JJ., concur.
221-CITE: 503 So.2d 1297 Carmen Rodriguez CERNA, Appellant, v. SWISS BANK CORPORATION, (OVERSEAS), S.A.,
Appellee.
TEXT: PER CURIAM. This is an appeal by Carmen Rodriguez Cerna, one defendant below, from a
non-fin...s in the underlying lawsuit, or, if appropriate, in a separate pure bill of discovery. See
19 Fla.Jur.2d Discovery and Depositions Section 3 (1980).
222-CITE: 506 So.2d 52 WAYNE-DALTON CORPORATION, an Ohio corporation, Appellant, v. Ronald F. KLINGE and
Robert W. Jones, d b a H & K Garage Doors, jointly and severally, Appellees.
TEXT: PER CURIAM. Plaintiff appeals from the dismissal of its suit against officers and
stockholde...the order of dismissal, and remand for further proceedings not inconsistent with this
opinion. SCHEB, A.C.J., and LEHAN and SANDERLIN, JJ., concur.
223-CITE: 542 So.2d 1013 Victor ADES and Donna Ades, his wife, Appellants, v. BANK OF MONTREAL,
Appellee.
TEXT: PER CURIAM. Mr. and Mrs. Ades and their business associate, Mr. Beltram, signed personal
gua...3d DCA 1965). Thus, the interest charged was not duplicative. Accordingly, the final judgment
entered in favor of the Bank of Montreal is affirmed.
224-CITE: 472 So.2d 773 William L. THOMSON, Appellant, v. John J. PETHERBRIDGE, Appellee.
TEXT: MILLS, Judge. Thomson appeals from the entry of final summary judgment in favor of
Petherbri...es of action, the required identity thereof exists, and dismissal on res judicata
grounds was correct. We affirm. SMITH and THOMPSON, JJ., concur.
225-CITE: 732 So.2d 1218 ANGLO AMERICAN AUTO AUCTIONS, INC., et al., Appellants Cross Appellees, v.
Joseph TUMINELLO and Barbara Tuminello, et al. Appellees Cross Appellants.
TEXT: ON MOTION FOR CLARIFICATION ANTOON, J. We grant appellants motion for clarification,
withdr...gly, a new trial on all issues must be granted. Final Judgment REVERSED and cause REMANDED
for new trial. GRIFFIN, C.J., and THOMPSON, J., concur.
226-CITE: 609 So.2d 1309 FLORIDA BOARD OF BAR EXAMINERS RE S.M.D.
TEXT: PER CURIAM. This is a petition for review of a recommendation by the Florida Board of Bar
Ex... this conclusion. I would not substitute my judgment for that of the Board members who
personally heard all of the testimony. HARDING, J., concurs.
227-CITE: 730 So.2d 348 ETIENNE DUPUCH, JR., PUBLICATIONS, LTD., a foreign corporation, Appellant, v. Lu
LEISSERING, Manfred M. Leissering, Michael Finest World Treasure Jewelry, Inc., and Michael Pirates
World, Inc., Appellees. Lu Leissering, Appellant, v. Etienne Dupuch, Jr., Publications, Ltd., a
foreign corporation, Appellee.
TEXT: PER CURIAM. In this consolidated appeal, defendant, Lu Leissering, appeals from a final
judg...ntion . . . that the principal and not the agent, was the party to be bound. . . . Falsten v.
Kirksey, 103, Fla. 225, 137 So. 267 (1931). Affirmed.
228-CITE: 650 So.2d 1039 Marilyn Jean ADAMS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Marilyn Jean Adams appeals her convictions and sentences. We affirm in part,
red...2 (Fla.1994). The sentences are hereby vacated, and defendant shall be resentenced on remand.
Affirmed in part; conviction reduced; cause remanded.
229-CITE: 558 So.2d 75 PAPER CORPORATION OF AMERICA, d b a Saxon Paper-Florida, Appellant, v. Helen
SANDOW, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiff Paper Corporation of America d b a Saxon
Pape...y s fees and costs in favor of the plaintiff Saxon, taking into consideration the increased
judgment for the said plaintiff. Reversed and remanded.
230-CITE: 588 So.2d 284 FIRST FLORIDA BANK, N.A., f k a the Lewis State Bank, Appellant, v. ALL WORLD,
INC., and Lucius Gantt, Appellees.
TEXT: KAHN, Judge. First Florida Bank, N.A., f k a The Lewis State Bank, appeals from a final
orde...lity to the amount stated in the guaranty and to award prejudgment interest and costs in
accordance with the guaranty. BOOTH and WOLF, JJ., concur.
231-CITE: 747 So.2d 464 Ubangi E.S. HAJJ-MAK, Appellant, v. Renee I. SPENCER, Appellee.
TEXT: PER CURIAM. Ubangi E.S. Hajj-Mak appeals an order directing the Department of Revenue to
rel...ority over a payment directly to the prize winner. Accordingly, the trial court s order is
AFFIRMED. W. SHARP, PETERSON and THOMPSON, JJ., concur.
232-CITE: 661 So.2d 1271 Roy HAWKINS, and Ted Turner, d b a, H & T Farms, Appellants, v. Dale BARNES, d
b a Barnes Fertilizers, Appellee.
TEXT: PHILIP J. PADOVANO, Associate Judge. This is an appeal from a final judgment for the
plainti...v. Hoer, 125 Conn. 196, 4 A.2d 424 (Conn.1939); Cohen v. Toy, 150 So.2d 605
(La.Ct.App.1963); 1 AM.JUR.2d Accounts and Accounting Section 24 (1994).
233-CITE: 475 So.2d 738 Raymond W. WILLIAMS, Appellant, v. HUNT BROTHERS CONSTRUCTION, INC., Appellee.
TEXT: DANAHY, Judge. Appellant Raymond Williams, a member of The Florida Bar appeals from a final
...t. Fla.R.Civ.P. 1.510(c); Johnson v. Gulf Life Insurance *742 Co., 429 So.2d 744 (Fla. 3d DCA
1983). AFFIRMED. OTT, A.C.J., and LEHAN, J., concur.
234-CITE: 656 So.2d 1250 Petra FISHMAN, etc., Petitioner, v. J. Robert FISHMAN, Respondent.
TEXT: GRIMES, Chief Justice. We review Fishman v. Fishman, 629 So.2d 195 (Fla. 4th DCA 1993), in
w...ppeal. Accordingly, we approve the decision below. It is so ordered. OVERTON, SHAW, KOGAN,
HARDING and WELLS, JJ., concur. ANSTEAD, J., recused.
235-CITE: 532 So.2d 1 330 P.B. CORPORATION, a Florida corporation, Appellant Cross Appellee, v. Norman
E. MURPHY, Individually, John A. Callahan, Individually, Norman E. Murphy, as Trustee under the will
of Rudolph J. Inman, Sr., deceased, Appellees Cross Appellants, and Continental Bank and Brookview
Associates, Inc., a Florida corporation, Appellees. 330 P.B. CORPORATION, a Florida corporation,
Appellant, v. Norman E. MURPHY, Individually, John A. Callahan, Individually, Norman E. Murphy, as
Trustee under the Will of Rudolph J. Inman, Sr., deceased, Continental Bank and Brookview
Associates, Inc., a Florida corporation, Appellees.
TEXT: SALMON, MICHAEL H., Associate Judge. The Murphy Group, appellees, sold an apartment
building...t and reversed in part, with directions to enter a judgment of foreclosure not
inconsistent with this opinion. ANSTEAD and GLICKSTEIN, JJ., concur.
236-CITE: 743 So.2d 1128 Joseph VETRICK, Appellant Cross-Appellee, v. Susan Lee HOLLANDER, Appellee
Cross-Appellant.
TEXT: DELL, J. These consolidated appeals arise out of three contempt orders against appellant,
Jo...nd for such further proceedings as may be consistent herewith. AFFIRMED in part, REVERSED in
part, and REMANDED. POLEN and STEVENSON, JJ., concur.
237-CITE: 539 So.2d 520 CONNOR REALTY, INC., Ocean Terrace Developments, et al., Appellants, v. OCEAN
TERRACE NORTH CONDOMINIUM ASSOCIATION, INC., a Florida corporation not-for-profit, Appellee.
TEXT: GUNTHER, Judge. In our view, the trial court erred in awarding Ocean Terrace North
Condomini...re putting $61,452.00 back in the court registry, only to have the trial court then
order those funds paid to appellee for money damages still owed.
238-CITE: 508 So.2d 544 James A. CARROLL, Appellant, v. FEDERATED DEPARTMENT STORES, INC., d b a
Burdines, Appellee.
TEXT: PER CURIAM. Appellee Federated Department Stores, Inc., d b a Burdines sought recovery for
a...e Houghton v. Foremost Fin. Servs. Corp., 724 F.2d 112 (10th Cir.1983). Reversed and remanded
for further proceedings consistent with this opinion.
239-CITE: 675 So.2d 660 CARMELITAS HOLDING COMPANY, etc., Appellant, v. PARADISE BEACH RESORT ST.
AUGUSTINE, INC., et al., Appellees.
TEXT: COBB, Judge. This consolidated appeal arose as a result of a jury trial and final judgment
i...ingly, we reverse the final summary judgments and remand for further proceedings. REVERSED AND
REMANDED. PETERSON, C.J., and W. SHARP, J., concur.
240-CITE: 458 So.2d 789 MUNSON & ASSOCIATES, INC., Bruce F. Beshara, and Reliance Insurance Company,
Appellants, v. DOCTORS MERCY HOSPITAL, d b a Brookwood Community Hospital, Inc., Azhar Ali, M.D. and
Richard J. Bagby, M.D., Appellees.
TEXT: SHARP, Judge. Munson & Associates, Inc. (Munson), Bruce Beshara, and Reliance Insurance
Comp...,000.00, and on November 8, 1983, he settled with Ali for $100,000.00. Subsequently, Coleman
voluntarily dismissed his action against the appellees.
241-CITE: 482 So.2d 438 In re ESTATE OF Josephine C. PURNELL, Deceased. Raymond D. COATES, Appellant, v.
MARTIN-YOUNG PRIVATE INVESTIGATIVE AGENCY, INC., et al., Appellees.
TEXT: SHARP, Judge. Raymond D. Coates, the foreign personal representative of the Estate of
Joseph... to proceed further. The appellee s remedy against the estate, if any, lies in the Maryland
court. REVERSED. COBB, C.J., and UPCHURCH, J., concur.
242-CITE: 568 So.2d 544 Neil S. SCHWARTZ, et al., Appellants, v. SPECTRATECH INK COMPANY, etc.,
Appellee.
TEXT: PER CURIAM. This is the appeal from a final judgment in favor of appellee for goods sold.
We...o.2d 716, 719 (Fla. 4th DCA 1985). REVERSED with instructions to enter judgment in favor of
defendants. HARRIS, PETERSON and GRIFFIN, JJ., concur.
243-CITE: 479 So.2d 879 Robert L. STEPHENS, Appellant, v. Ann CROUCH, Appellee.
TEXT: PER CURIAM. Appellant, Robert L. Stephens, appeals from an adverse summary judgment entered
...1966). Accordingly, the judgment appealed is reversed. REVERSED. DELL and WALDEN, JJ., and
BOARDMAN, EDWARD F., Associate Judge (Retired), concur.
244-CITE: 506 So.2d 97 Ingrid WETJEN, Appellant, v. SARASOTA COUNTY PUBLIC HOSPITAL BOARD, Appellee.
TEXT: DANAHY, Chief Judge. The appellant appeals a final judgment against her and her husband for
...band. Accordingly, we reverse on the authority of the supreme court s decision in Shands
Teaching Hospital. SCHOONOVER and SANDERLIN, JJ., concur.
245-CITE: 450 So.2d 247 The STATE EXCHANGE BANK, Appellant, v. EMPLOYEE FRINGE BENEFITS, INC., Appellee.
TEXT: BOOTH, Judge. The State Exchange Bank (Bank) appeals the entry of partial summary judgment
i...rther proceedings consistent herewith. ERVIN, C.J., and BARFIELD, J., concur. APPENDIX A
(ILLUSTRATION) *250 APPENDIX A--Continued (ILLUSTRATION)
246-CITE: 509 So.2d 1273 Francis DONNELLY, v. FIRST MUTUAL SAVINGS ASSOCIATION OF FLORIDA, Appellee.
TEXT: ERVIN, Judge. Appellant, Francis Donnelly, appeals the granting of a summary judgment to
Fir...rd states in pertinent part: This account may be pledged in whole or in part as security for
any loan made by you to one or more of the undersigned.
247-CITE: 566 So.2d 364 BIT-O-SWEDEN, INC., Appellant, v. Conway KITTREDGE, et ux., Appellees.
TEXT: GRIFFIN, Judge. This is the appeal of an order setting aside a judicial sale for failure to
...ut opinion. ------------ (FN1) Appellees filed an affidavit of the counsel of record who swore he
would have attended the sale had he gotten notice.
248-CITE: 654 So.2d 189 Robert A. YEAGER, Appellant, v. The SUMMIT GROUP OF CENTRAL FLORIDA, INC,
Appellee.
TEXT: HARRIS, Chief Judge. Charles E. Bradshaw, Jr. formed a corporation named The Summit Group
of...r further action consistent with this opinion. DAUKSCH, J., concurs, without participation at
oral argument. PETERSON, J., concurs in result only.
249-CITE: 489 So.2d 850 Rodger G. MEADOWS, Appellant, v. Linda C. BACON f k a Linda C. Meadows,
Appellee.
TEXT: ORFINGER, Judge. The former husband appeals from an order adjudicating him in civil
contempt...s is anything other than a division of property. *851 The order adjudging appellant in
contempt is REVERSED. COBB, C.J., and DAUKSCH, J., concur.
250-CITE: 688 So.2d 453 BANKERS TRUST COMPANY OF CALIFORNIA, N.A., etc., Petitioner, v. John William
WEIDNER, III, etc., et al, Respondent.
TEXT: HARRIS, Judge. Bankers Trust Co. of California, N.A. successfully obtained a summary
judgmen...That is time enough. We grant the writ of certiorari and direct the trial court to
reschedule the foreclosure sale. COBB and GOSHORN, JJ., concur.
251-CITE: 743 So.2d 542 BONEH, INC., etc., Appellant, v. Thomas F. DALY, Appellee.
TEXT: PER CURIAM. Boneh, Inc., appeals from a final judgment entered in favor of a personal
guaran...mean to suggest that the subcontractor had any statutory duty to refile the lien; its
failure to do so, however, breached its duty to the guarantor.
252-CITE: 682 So.2d 643 Torrey WHIGUM, Appellant, v. HEILIG-MEYERS FURNITURE INC., Appellee.
TEXT: PADOVANO, Judge. This is an appeal from a nonfinal order denying class certification in an
a...ass litigation because they can be severed from the statutory claim asserted in the complaint.
REVERSED AND REMANDED. BOOTH AND WOLF, JJ., concur.
253-CITE: 753 So.2d 632 Kenneth M. CLAYTON and Neal McCulloh, etc., Appellants, v. Kevin E. BRYAN and
Renee M. Bryan, Appellees.
TEXT: PETERSON, J. Kenneth M. Clayton and Neal McCulloh and their law firm, Clayton & McCulloh
(co... and, based on that, the offer made in this case was not made in bad faith. There is no
indication in this record that defendant believed otherwise.
254-CITE: 540 So.2d 240 Michael A. BODREE, a k a Michael A. Bodree, Sr., Celestia Bodree and C.A.M. Star
Enterprises, Inc., Appellants, v. FIRST UNION NATIONAL BANK OF FLORIDA, successor by merger to First
State Bank of Pensacola, Appellee.
TEXT: PER CURIAM. This appeal is dismissed based on the authority of Mendez v. West Flagler
Family...urt will enter judgment on all issues consistent with its order granting summary final
judgment. SMITH, C.J., and ZEHMER and BARFIELD, JJ., concur.
255-CITE: 592 So.2d 1133 B.J. SEGER FINE ARTS, INC., Appellant, v. Gary SCHER, (EN*) Appellee.
TEXT: PER CURIAM. We reverse the final summary judgment entered based on the following brief
analy...or clarification of appellee Napolitano is granted. The style of this appeal will be
corrected to recognize that appellee Napolitano is not a party.
256-CITE: 626 So.2d 1114 Jonathan D. COMMANDER, Appellant, v. Richard J. SLUGGETT, Alan F. Scott, A.
Faxon Henderson, Dennis J. Powers and Scott, Henderson, Powers & Dufresne, P.A., Appellees.
TEXT: PER CURIAM. In connection with the breakup of a partnership, the parties made claims
against...further appropriate proceedings. AFFIRMED IN PART; REVERSED IN PART; REMANDED. HERSEY,
KLEIN, JJ., and WILLIAM C. OWEN, Jr., Senior Judge, concur.
257-CITE: 691 So.2d 24 A & S OF DESTIN, INC., Appellant, v. SUN KING TOWERS AND YACHT CLUB CONDOMINIUM
OWNERS ASSOCIATION, INC., Appellee.
TEXT: PER CURIAM. Appellant, the owner and holder of a promissory note, challenges a final
summary...n the entire debt alleged to be owed by the condominium association. The summary judgment
is reversed. JOANOS, WOLF and VAN NORTWICK, JJ., concur.
258-CITE: 651 So.2d 823 Jeffrey Paul WASSERMAN, Appellant, v. Diana WASSERMAN, Appellee.
TEXT: STEVENSON, Judge. This appeal follows a final judgment of dissolution of marriage wherein
th...discretion to fashion an overall equitable distribution scheme on remand will be unfettered.
REVERSED AND REMANDED. WARNER and KLEIN, JJ., concur.
259-CITE: 593 So.2d 596 Ricardo KARAKADZE, et al., Appellants, v. Enrique QUINOA, Appellee.
TEXT: PER CURIAM. Directly contrary to the ruling below, the officers and directors of a
dissolved...ilizer Co. v. Allison, 81 So.2d 734 (Fla.1955); Southern Life Ins. & Trust Co. v.
Lanier, 5 Fla. 110 (1853). Reversed and remanded with directions.
260-CITE: 705 So.2d 1053 HERNANDO COUNTY, etc., et al., Appellant, v. GEORGE WARNER d b a George Warner
Excavating, Appellee.
TEXT: ANTOON, Judge. Hernando County appeals the trial court s order granting George Warner s
peti...t section 77.0305 waived sovereign immunity as to the sums owed by the County to the
Corporation. ORDER REVERSED. DAUKSCH and HARRIS, JJ., concur.
261-CITE: 563 So.2d 110-112 KCL ASSOCIATES, a Florida partnership, Appellant, v. ISLAMORADA REALTY,
INC., a Florida corporation, Appellee.
TEXT: PER CURIAM. Dismissal of a complaint for interpleader was correct where the
interpleader-pla...ne if there is substantial competent evidence to support the amounts allowed for
attorney s fees), cert. denied, 325 So.2d 10 (Fla.1975). Affirmed.
262-CITE: 487 So.2d 342 John L. SEAMAN a k a Jack Seaman, Edward G. Miklas a k a Ed Miklas, Castle
Realty, Inc., a Florida corporation, and Elegant Realty, Inc., d b a House of Real Estate,
Appellants, v. V.I.P. WORLD TRAVEL, INC., whose name was changed to Kingston Corporation, a Florida
corporation, Susan J. Buckmaster and Robert Van Keuren, Appellees. John L. SEAMAN, a k a Jack
Seaman, Edward G. Miklas, a k a Ed Miklas, Castle Realty, Inc., a Florida corporation, and Elegant
Realty, Inc., d b a House of Real Estate, Appellants, v. CHAPMAN & ASSOCIATES, INC., Appellee.
TEXT: SCHEB, Judge. We have before us two appeals taken by John L. Seaman, Edward G. Miklas,
Castl... vacate the summary judgment awarded V.I.P. and remand for further proceedings consistent
with this opinion. GRIMES, A.C.J., and LEHAN, J., concur.
263-CITE: 458 So.2d 330 BESCO EQUIPMENT CO., INC., etc., Appellant, v. GOLDEN LOAF BAKERY, INC., et al.,
Appellee.
TEXT: SHARP, Judge. Besco Equipment Co., Inc. (Besco), appeals from a judgment denying its claim
t...her proceedin