Car Accident
Results 1-6294
1-CITE: 692 So.2d 230 STATE of Florida DEPARTMENT OF AGRICULTURE and Florida Department of Insurance
Bureau of State Employees Workers Compensation Claims, Appellants, v. Donald L. ALLEN, Appellee.
TEXT: BARFIELD, Chief Judge. In this workers compensation order, the judge of compensation claims
... AWW is therefore REVERSED and the case is REMANDED to the JCC for further proceedings consistent
with this opinion. ERVIN and BENTON, JJ., concur.
2-CITE: 438 So.2d 945 Antoinette MATSON, Appellant, v. HOBEAU FARMS, LTD. and Corporate Group Service,
Inc., Appellees.
TEXT: WIGGINTON, Judge. Claimant appeals from the order of the deputy commissioner denying her
cla...is REVERSED and the cause REMANDED for further proceedings *946 on the issue of the benefits
claimed. ROBERT P. SMITH, Jr., and BOOTH, JJ., concur.
3-CITE: 499 So.2d 876 ALL AMERICAN WHEEL WORLD, INC. & FAWA Self Insurers Fund, Appellants, v. James
M. GUSTAFSON, Appellee.
TEXT: WENTWORTH, Judge. Appellants seek review of a workers compensation order by which they were
... to the office of Dr. Yandell for treatment related to his primary industrial accident. The
order is affirmed. BOOTH, C.J., and MILLS, J., concur.
4-CITE: 464 So.2d 233 Edward SCHWARTZ, Appellant, v. SOUTHEAST GRAPHICS and Continental Insurance
Company, Appellees.
TEXT: MILLS, Judge. Schwartz appeals from a workers compensation order contending the deputy
erred...rting the deputy s finding and we cannot disturb it. Swanigan v. Dobbs House, 442 So.2d 1026
(Fla. 1st DCA 1983). JOANOS and BARFIELD, JJ., concur.
5-CITE: 727 So.2d 1135 Eugene FOREMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was convicted of vehicular homicide (Count II), leaving the scene of
a...r Count IV or Count V; the judgments and sentences are otherwise affirmed. STONE, C.J., KLEIN,
J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
6-CITE: 719 So.2d 965 David SCHWARTZ, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, Judge. Appellant s probation was revoked for failure to file a monthly report with
h...n officer was more credible with respect to the facts surrounding the probation violation. We
therefore affirm. STONE, C.J., and GROSS, J., concur.
7-CITE: 659 So.2d 325 Richard C. McCLANEY, Appellant, v. DICTAPHONE PITNEY BOWES and Travelers
Insurance Company, Appellees.
TEXT: SHIVERS, Senior Judge. The employee suffered an industrial accident on February 13, 1992,
wh...t noncompensable injury did not negate the effects of the first compensable accident. REVERSED
and REMANDED. MICKLE and VAN NORTWICK, JJ., concur.
8-CITE: 674 So.2d 907 Charles E. GADSON, Appellant, v. FLORIDA TILE INDUSTRIES, INC. and Travelers
Insurance Company, Appellees.
TEXT: DAVIS, Judge. Charles Gadson, the claimant, appeals a final order denying benefits based
upo... injuries on May 23, 1993. We find no merit to any of the other issues raised by the claimant.
Accordingly, we affirm. ERVIN and KAHN, JJ., concur.
9-CITE: 738 So.2d 427 Robert Aaron McGUIRE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was convicted of leaving the scene of an accident involving personal
i...timony of the trooper was cumulative to other evidence at trial and, if error, it was harmless.
AFFIRMED. GUNTHER, GROSS and HAZOURI, JJ., concur.
10-CITE: 747 So.2d 462 Dorcas L. MORRIS, Appellant, v. DIVISION OF RETIREMENT, Appellee.
TEXT: W. SHARP, J. Morris appeals from a final order of the State Retirement Commission which
sust...ivision of Retirement, 711 So.2d 1380 (Fla. 5th DCA 1998); Pridgeon v. State of Florida,
Division of Retirement, 662 So.2d 1028 (Fla. 1st DCA 1995).
11-CITE: 543 So.2d 821 Stanley COONS, Appellant, v. PETE S ELECTRIC and Southeast Administrators, Inc.,
Appellees.
TEXT: WIGGINTON, Judge. In this workers compensation appeal, the claimant challenges the deputy
co...ndition and the industrial accident. Accordingly, the cause is reversed and remanded for
further proceedings. SMITH, C.J., and SHIVERS, J., concur.
12-CITE: 602 So.2d 669 Joseph MACK, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Mack was found at the scene of an accident involving his employer s truck,
which...r that he was the driver of the truck at the time of the accident and thus guilty of
stealing it. AFFIRMED. DELL, GUNTHER and FARMER, JJ., concur.
13-CITE: 577 So.2d 655 McArthur MYRICK, Appellant, v. GILLARD GROVE SERVICE and FEISCO, Appellees.
TEXT: PER CURIAM. McArthur Myrick, the claimant below, appeals a workers compensation order which
...ent was not compensable, and remand for further proceedings consistent herewith. REVERSED and
REMANDED. NIMMONS, BARFIELD, and ALLEN, JJ., concur.
14-CITE: 654 So.2d 1299 Caretia W. SMITH, Appellant, v. Irving KAUFMAN, Appellee.
TEXT: PER CURIAM. Appellant argues that a $3,000 jury verdict was grossly inadequate, and that
the...Ins. Co., 445 So.2d 415 (Fla. 4th DCA 1984). We therefore reverse and remand for a new trial
on damages. GLICKSTEIN, WARNER and KLEIN, JJ., concur.
15-CITE: 754 So.2d 88 Timothy TELLIER, Appellant, v. STATE of Florida, Appellee.
TEXT: ANTOON, C.J. Timothy Tellier appeals his convictions and sentences for DUI manslaughter,
(FN... 316.193(3)(c)1, Fla.Stat. (1997). (FN3) Sections 316.062; 316.027(1)(b), Fla.Stat. (1997).
(FN4) Sections 316.062; 316.027(1)(a), Fla.Stat. (1997).
16-CITE: 634 So.2d 1161 Michael Wilson WEBSTER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this direct criminal appeal, appellant seeks review of (1) his conviction of
...tion 316.061(1), Florida Statutes (1989). AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with
directions. BOOTH, WOLF and WEBSTER, JJ., concur.
17-CITE: 642 So.2d 118 Freddie MARTINEZ, Appellant, v. ASSOCIATION OF POINCIANA and Liberty Mutual,
Appellees.
TEXT: ALLEN, Judge. The claimant appeals a workers compensation order denying a claim for payment
...for such services. Watkins; Nealy; Barris. The appealed order is reversed, and the cause
remanded. LAWRENCE, J. and SHIVERS, Senior Judge, concur.
18-CITE: 599 So.2d 268 Teresa FYKES, Appellant, v. STATE of Florida, Appellee.
TEXT: SMITH, Judge. Appellant appeals a requirement that she pay restitution as a condition of
pro...ion allowable based on plea agreement on leaving scene of accident charge where agreement
includes state s abandonment of criminal mischief charge).
19-CITE: 485 So.2d 495 Frank J. NEUNER, Petitioner, v. AVIALL, INC., Respondent.
TEXT: PER CURIAM. This is a petition for writ of certiorari seeking review of a circuit court
orde...oner s expert opinions developed as a result of his employment to investigate and analyze the
accident. THOMPSON, ZEHMER and BARFIELD, JJ., concur.
20-CITE: 435 So.2d 865 Howard HERRING, Appellant, v. The STATE of Florida, Appellee.
TEXT: JORGENSON, Judge. Howard Herring was charged in a multicount information and found guilty
by...ed to vacate the conviction and sentence entered upon Count VI of the information. Affirmed in
part, reversed in part and remanded with directions.
21-CITE: 597 So.2d 355 PINELLAS COUNTY SCHOOL BOARD, Appellant, v. Charles HIGGINS, Appellee.
TEXT: BARFIELD Judge. The employer carrier challenge a workers compensation order awarding
permane...ement from the other employer and, under the proper circumstances, from the Special
Disability Trust Fund. AFFIRMED. BOOTH and SMITH, JJ., concur.
22-CITE: 576 So.2d 1355 Steven MEHLER, Appellant, v. FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATES,
INC., Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiff Steven Mehler from a final judgment entered
u... case under any exception thereto. See, e.g., C. Ehrhardt, Florida Evidence Section 407.1 (2d
ed.1984). The remaining point has no merit. Affirmed.
23-CITE: 647 So.2d 987 Ramonita ROSADO, Appellant, v. J.C. PENNEY and The Travelers, Appellees
TEXT: WOLF, Judge. Claimant, Ramonita Rosado, appeals from a final order of the judge of
compensat...al Institute v. Campbell, 565 So.2d 375 (Fla. 1st DCA 1990). We therefore, affirm the
order of the JCC in this case. BOOTH and MICKLE, JJ., concur.
24-CITE: 757 So.2d 531 Eric LEVIN, a minor, By and Through his next friend, Joanne LEVIN, Appellant, v.
WELLEBY MANAGEMENT ASSOCIATION, INCORPORATED, a Florida corporation, Carol Casey, an individual, and
Margaret Vaughan Casey, an individual, Appellees.
TEXT: POLEN, J. Levin appeals after a jury found Welleby not liable for negligence in this
persona...ing harmful error if we were inclined to reverse on the first point. Because we affirm, we
hold it is moot. AFFIRMED. DELL and STONE, JJ., concur.
25-CITE: 493 So.2d 1119 Carla CHESTER, a minor, By and Through her parents, and next friends, Howard
CHESTER and Martha Chester, individually, Appellants, v. METROPOLITAN DADE COUNTY, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiffs from a final order dismissing their
complain...as no application to this case as it requires an exchange of information at an accident
scene and delineates no requirements for an accident report.
26-CITE: 516 So.2d 308 Donald C. HARRINGTON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The issue in this case is whether a restitution order mandating that Harrington
...h Bowling v. State, 479 So.2d 146 (Fla. 5th DCA 1985). Reversed and remanded. DANAHY, C.J.,
FRANK, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
27-CITE: 562 So.2d 414 GENERAL ACCIDENT INSURANCE COMPANY, Petitioner, v. AMERICAN MUTUAL INSURANCE
COMPANY, Respondent.
TEXT: COBB, Judge. Petitioner, General Accident Insurance Company, seeks certiorari review of a
lo...irrespective of any work produce privilege. See Fla.R.Civ.P. 1.280(b). *415 ORDER QUASHED;
CAUSE REMANDED. DANIEL, C.J., and W. SHARP, J., concur.
28-CITE: 492 So.2d 851 Kenneth Edward BADGETT, III, a minor, by and through Kenneth Edward BADGETT,
Jr., as guardian and next friend, Kenneth Edward Badgett, Jr., individually and Kenneth Edward
Badgett, Jr., as trustee for Frances Badgett, natural mother of Kenneth Edward Badgett, III,
Appellants, v. Frankie Mae THORNES and J.C. Harris, Appellees.
TEXT: BARFIELD, Judge. Kenneth Badgett and his parents appeal a final summary judgment in favor
of...the contradictory evidence on these issues, he erred by so doing. The order of final summary
judgment is REVERSED. SHIVERS and ZEHMER, JJ., concur.
29-CITE: 524 So.2d 1155 Gina MARCHESE, individually, and as guardian of the minor plaintiff, Likrish
Marchese, Appellant, v. LITITZ MUTUAL INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. The final declaratory decree under review is affirmed upon a holding that the
ac...ames v. Gulf Life Ins. Co., 66 So.2d 62 (Fla.1953); Fernandez v. United States Fidelity &
Guarantee Co., 308 So.2d 49 (Fla. 3d DCA 1975). Affirmed.
30-CITE: 652 So.2d 505 G. Elizabeth CORDIER, Appellant, v. STATE of Florida, Appellee
TEXT: PER CURIAM. We reverse appellant s conviction for leaving the scene of an accident
involving...n 939.01, Florida Statutes (1993), is rendered moot by this opinion. GLICKSTEIN and
PARIENTE, JJ., and KROLL, KATHLEEN J., Associate Judge, concur.
31-CITE: 527 So.2d 915 ROMA CONSTRUCTION COMPANY, INC. a Florida corporation, Appellant, v. SEA-AIR
MECHANICAL, INC., Appellee.
TEXT: PER CURIAM. Roma Construction Co., Inc. appeals a summary judgment entered for Sea-Air
Mecha...nt inferences may be drawn even from undisputed facts). Summary judgment for Sea-Air is
reversed and the cause is remanded for further proceedings.
32-CITE: 689 So.2d 435 Gary SCHULTZ and Caryn Schultz, Appellants, v. Glen N. WILKES, Appellee.
TEXT: HARRIS, Judge. Gary and Caryn Schultz sued for damages resulting from injuries sustained by
... without merit. *437 AFFIRMED in part; REVERSED in part and REMANDED for entry of judgment in
the amount of $4,000. COBB and GOSHORN, JJ., concur.
33-CITE: 667 So.2d 239 Larry STRICKLER, Appellant, v. FLORIDA POWER CORPORATION, Appellee.
TEXT: KAHN, Judge. Claimant Larry Strickler challenges a workers compensation order in which the
J... 1984); Ullman v. City of Tampa Parks Department, 625 So.2d 868 (Fla. 1st DCA 1993). 637 So.2d
at 306. AFFIRMED. BARFIELD and DAVIS, JJ., concur.
34-CITE: 491 So.2d 585 Lanoris NEALY, Appellant, v. CITY OF WEST PALM BEACH and Crawford & Company,
Appellees.
TEXT: WIGGINTON, Judge. In this workers compensation appeal, claimant challenges the deputy
commis...e deputy s order denying the claim for the diagnostic test and remand this cause for the
deputy to grant the claim. SMITH, and JOANOS, JJ., concur.
35-CITE: 445 So.2d 663 STANDARD DISTRIBUTION COMPANY and National Fire Insurance Company of Hart,
Appellants, v. Sidney Wade JOHNSON, Appellee.
TEXT: MILLS, Judge. The employer carrier (E C) appeal from a workers compensation order awarding
J... injuries occurred while Johnson was on his usual route home. AFFIRMED. WENTWORTH, J., and
McCORD, GUYTE P., Jr., (Ret.), Associate Judge, concur.
36-CITE: 677 So.2d 414 Lois FERRIS, Appellant, v. PICK KWIK FOOD STORES, INC. and United Self-Insured
Services, Appellees.
TEXT: DAVIS, Judge. The claimant, Lois Ferris, appeals an order of the Judge of Compensation
Claim...t to her knee is supported by competent substantial evidence. Accordingly, the order of the
JCC is AFFIRMED. BARFIELD, C.J., and KAHN, J., concur.
37-CITE: 436 So.2d 241 GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, LTD., etc., Appellant, v.
M.C. LATSON, Homer James Williams, Appellees. Homer James WILLIAMS, Appellant, v. M.C. LATSON and
General Accident Fire & Life Assurance Corporation, Ltd., etc., Appellees.
TEXT: PER CURIAM. This case arose out of an automobile accident in which Homer James Williams
rear... this Court s Order of July 6, 1983 is hereby withdrawn, and further, ORDERED that appellant
s July 21, 1983 Motion for Rehearing is hereby denied.
38-CITE: 483 So.2d 107 COPELAND STEEL ERECTORS and CNA Insurance Group, Appellants, v. Walter MILES,
Appellee.
TEXT: THOMPSON, Judge. Employer carrier (E C) appeal a workers compensation order directing that
c... whether the requisite causal connection exists in order to award treatment. AFFIRMED in part,
REVERSED in part. ZEHMER and BARFIELD, JJ., concur.
39-CITE: 651 So.2d 1262 Will TAYLOR, Appellant, v. CERTIFIED POULTRY & EGG CO. and Zurich America,
Appellees.
TEXT: PER CURIAM. This cause is before us on appeal from the judge of compensation claims ( JCC )
...s non-compensable injury and surgery in January and February of 1991. REVERSED AND REMANDED WITH
DIRECTIONS. BOOTH, MINER and JOANOS, JJ., concur.
40-CITE: 570 So.2d 1074 Vaughn PARADES and Feisco, Appellants, v. John Nelson PEACOCK, Appellee.
TEXT: PER CURIAM. Because the judge of Compensation Claims (JCC) adopted the parties stipulation
t...87). AFFIRMED in part, REVERSED in part and REMANDED with instructions. MINER and ALLEN, JJ.,
and CAWTHON, VICTOR (Ret.), Associate Judge, concur.
41-CITE: 449 So.2d 393 Leroy STACY, Appellant, v. CHERRY FARMS, INC., and Florida Farm Bureau Insurance
Company, Appellees.
TEXT: PER CURIAM. Claimant appeals a deputy commissioner s order denying him compensation
benefits...f the record, we find that the deputy order is supported by competent, substantial
evidence. AFFIRMED. SMITH, WENTWORTH and BARFIELD, JJ., concur.
42-CITE: 555 So.2d 403 Bruce L. SCHEINER, individually, and d b a Associates and Bruce L. Scheiner,
Appellant, v. Jere SPURLIN, Chief of Police of the City of Fort Myers, Florida, Appellee.
TEXT: CAMPBELL, Chief Judge. In this appeal, we revisit the issues we addressed in Spurlin v.
Sche...remand with instructions that the information deleted by appellee relating to names and
addresses of parties or witnesses be furnished to appellant.
43-CITE: 505 So.2d 471 NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. Russell JACOBY, Appellee.
TEXT: LEHAN, Judge. We affirm the trial court s ruling that the subrogation rights provided to a
w...legislature. See Security Mutual Casualty Co. v. Grice, 172 So.2d 834 (Fla. 2d DCA 1965).
Affirmed. SCHOONOVER, A.C.J., and SANDERLIN, J., concur.
44-CITE: 585 So.2d 401 Karlton A. BROWN, Appellant, v. STEEGO AUTO PARTS and Liberty Mutual Insurance
Company, Appellees.
TEXT: WOLF, Judge. Brown appeals from a final order of the judge of compensation claims (JCC)
deny...at the JCC enter an order authorizing the weight-loss program as a medically necessary
benefit. WIGGINTON, J., and WENTWORTH, Senior Judge, concur.
45-CITE: 652 So.2d 850 CITY OF ORLANDO and Alexsis Risk Management, Appellants, v. Frances LEMAY,
Appellee.
TEXT: ALLEN, Judge. The employer and its servicing agent appeal a workers compensation order by
wh...ng the claim upon the alleged date of accident. The appealed order is affirmed. BENTON, J.,
concurs. BOOTH, J., dissents without written opinion.
46-CITE: 442 So.2d 294 Marsha HARRIS, Appellant, v. GENERAL ACCIDENT, FIRE & LIFE ASSURANCE CORP.,
LTD., a corporation, Tropicana Products, Inc., a corporation, and Clyde Eldon Stewart, Appellees.
TEXT: DANAHY, Judge. In this case the trial judge upheld the constitutionality of section
627.7262...ation of the statute to this case. AFFIRMED in part, REVERSED in part, and REMANDED for
further proceedings. RYDER, A.C.J., and LEHAN, J., concur.
47-CITE: 430 So.2d 543 EBASCO SERVICES, INC., Florida Power and Light, St. Lucie Wrap-Up, Appellants,
v. John MOHRBECK, Ebasco Services, Inc., and U.S. Fidelity & Guaranty Company, Appellees.
TEXT: MILLS, Judge. Ebasco and Florida Power and Light appeal a compensation order charging
Florid... from the 1979 accident and not from the 1977 accident is supported by competent
substantial evidence. AFFIRMED. JOANOS and THOMPSON, JJ., concur.
48-CITE: 572 So.2d 8 LITTLE CAESAR S PIZZA and Hartford Insurance, Appellants, v. William Bruce
INGERSOLL, Appellee.
TEXT: ALLEN, Judge. Appellants, employer carrier, appeal a workers compensation order awarding
ben...the compensability of appellee s claims growing out of the automobile accident. The order
appealed is affirmed. WENTWORTH and JOANOS, JJ., concur.
49-CITE: 527 So.2d 908 Robert E. MIRLISENA, Appellant, v. CHEMLAWN CORPORATION and General Adjustment
Bureau, Appellees.
TEXT: MILLS, Judge. The claimant in this workers compensation action appeals from an order
finding...Roofing, Inc. v. Moore, 447 So.2d 968 (Fla. 1st DCA 1984). *910 REVERSED and REMANDED for
further proceedings. SHIVERS and WIGGINTON, JJ., concur.
50-CITE: 568 So.2d 1335 Frank G. TOMSEY, Appellant, v. Martin S. STONE and Sue E. STONE, his wife,
Appellees.
TEXT: PER CURIAM. We reverse and remand this case for a new trial as to the issues of liability
an...es. Accordingly, we reverse and remand for a new trial as to the issues of liability and
damages. HERSEY, C.J., and DELL and GUNTHER, JJ., concur.
51-CITE: 695 So.2d 942 Melissa Schwey MATTEK, Appellant, v. Sheryl B. WHITE, Appellee.
TEXT: KLEIN, Judge. A jury found that appellant plaintiff had no permanent injury resulting from
a...ries of harmless error on appeal are likely to fall on deaf ears. We therefore reverse and
remand for a new trial. WARNER and SHAHOOD, JJ., concur.
52-CITE: 479 So.2d 146 Everett Lee BOWLING, Appellant, v. STATE of Florida, Appellee.
TEXT: COWART, Judge. This case involves the question of whether restitution for injuries may be
im...d 1021 (Fla.1977) (where the record did not clearly establish that defendant s car caused the
injuries). AFFIRMED. DAUKSCH and SHARP, JJ., concur.
53-CITE: 571 So.2d 485 William D. STEWART, Petitioner, v. STATE of Florida, Respondent.
TEXT: SCHEB, Judge. William D. Stewart seeks a petition for writ of certiorari to review a
judgmen...order. Accordingly, we grant the petition for writ of certiorari and vacate the order of
restitution. SCHOONOVER, C.J., and THREADGILL, J., concur.
54-CITE: 616 So.2d 183 SUPERIOR CONCRETE CONSTRUCTION and Executive Risk Consultants, Appellants, v.
Keith OLSEN, Appellee.
TEXT: PER CURIAM. We affirm the order authorizing Dr. Dolin to conduct whatever diagnostic tests
m...iagnostic procedures and tests by a neuro-ophthalmologist, in accordance with the recommendation
of Dr. Dolin. BOOTH, SMITH and MINER, JJ., concur.
55-CITE: 511 So.2d 670 CITY OF MIAMI BEACH and Southern Fire Adjusters, Appellants, v. Charles
GARABEDIAN, Appellee.
TEXT: MILLS, Judge. The claimant in this workers compensation appeal was involved in an
industrial...bursement for compensation benefits is AFFIRMED; the denial of reimbursement for
medical benefits is REVERSED. WENTWORTH and BARFIELD, JJ., concur.
56-CITE: 643 So.2d 672 Cheryl SMITH, Appellant, v. CREST PRODUCTS and Auto Owners Insurance Co.,
Appellees.
TEXT: WEBSTER, Judge. In this workers compensation case, claimant seeks review of an order
awardin...e subsequent auto accident. In all other respects, the order is affirmed. AFFIRMED IN
PART, and REVERSED IN PART. ERVIN and BARFIELD, JJ., concur.
57-CITE: 577 So.2d 660 ORLANDO REGIONAL MEDICAL CENTER and Hewitt, Coleman & Associates, Appellant, v.
Christine FRANCIS, Appellee.
TEXT: WENTWORTH, Senior Judge. This is an appeal of a workers compensation order awarding
temporar...th directions that the claim be denied consistent with this opinion and the foregoing
determination by the judge. SMITH and WIGGINTON, JJ., concur.
58-CITE: 597 So.2d 358 DEPARTMENT OF ADMINISTRATION, DIVISION OF RETIREMENT, Appellant, v. J.W.
McINERNEY, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from an order of the State Retirement
Commis...----------- (FN1) The Director of the Division of Retirement sits as administrator for
purposes of hearing and determining claims under Chapter 121.
59-CITE: 646 So.2d 264 Ruben SIERRA, Jr. and Judy A. Sierra, his wife, Appellants, v. WINN DIXIE
STORES, INC., a Florida corporation, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiffs Ruben and Judy Sierra from a final judgment
... arise on retrial. The final judgment under review is reversed and the cause is remanded to the
trial court for a new trial. Reversed and remanded.
60-CITE: 612 So.2d 661 Norma STOVER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s convictions but reverse and remand on two sentencing
issue...d with directions that appellant s sentence be corrected in accord herewith. ANSTEAD,
WARNER, JJ., and OWEN, WILLIAM C., JR., Senior Judge, concur.
61-CITE: 485 So.2d 888 BUD MAYER CO., INC. and Retail Grocers Association of Florida, Appellants, v.
Fermin TORRES, Deceased, Martha Torres, Widow of Claimant and Division of Workers Compensation,
Appellees.
TEXT: PER CURIAM. The appellants appeal a Workers Compensation Order requiring death and
dependenc...s, payment of the hospital bill, reimbursement of funeral expenses, costs and attorneys
fees is affirmed. ERVIN, WENTWORTH and JOANOS, JJ., concur.
62-CITE: 511 So.2d 401 Daniel Lee HOAG, Appellant, v. STATE of Florida, Appellee.
TEXT: COWART, Judge. The defendant, Daniel Lee Hoag, intoxicated and driving a motor vehicle,
negl.... Unless the defendant elects to be resentenced, he is entitled to not be resentenced. See,
e.g., Kelly v. State, 508 So.2d 788 (Fla. 5th DCA 1987).
63-CITE: 453 So.2d 452 Otto Julius KARCH and Florida Power & Light Company, a Florida corporation,
Petitioners, v. Darlene Marie MacKAY and Joseph B. MacKay, her husband, Respondents.
TEXT: DOWNEY, Judge. By petition for writ of common law certiorari, Karch and Florida & Light
Comp... to produce statements that Karch gave to Florida Power & Light Company regarding the
accident are quashed. ANSTEAD, C.J., and BERANEK, J., concur.
64-CITE: 661 So.2d 97 Charles PRICE and Sabrina Price, Appellants, v. Anthony RIZZUTI, Appellee.
TEXT: PER CURIAM. Reversed. The issue in this case is whether it was error to allow a traffic
inve...98 GLICKSTEIN, Judge, dissenting. I believe that appellant waived the accident report
privilege with respect to the location of appellee s U-turn.
65-CITE: 527 So.2d 238 Eddie McPHERSON, Appellant, v. BROWARD COUNTY SCHOOL BOARD and Gallagher Bassett
Services, Appellees.
TEXT: WIGGINTON, Judge. Appellant appeals the deputy commissioner s denial of her workers
compensa...or the medical expenses at issue, and, if so, for the award of those benefits to
appellant. REVERSED AND REMANDED. MILLS and SHIVERS, JJ., concur.
66-CITE: 475 So.2d 742 Deborah GETZ, Appellant, v. Allen Gene GETZ, Appellee.
TEXT: PER CURIAM. Appellant was injured in an accident while riding as a passenger in an
automobil....2d 189 (Fla.1982); see also Heaton v. Heaton, 304 So.2d 516 (Fla. 4th DCA 1974).
AFFIRMED. GRIMES, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.
67-CITE: 525 So.2d 445 Daniel RUIZ and Lucille Higgins, Appellants, v. TARACOMO TOWNHOMES CONDOMINIUM
ASSOCIATION, INC. and George Zamry, Appellees.
TEXT: PER CURIAM. We affirm the final summary judgments under review because the record
conclusive... v. Spinelli, 342 So.2d 829 (Fla. 2d DCA 1977), cert. denied, 354 So.2d 986 (Fla.1978);
Byrd v. Leach, 226 So.2d 866 (Fla. 4th DCA 1969). Affirmed.
68-CITE: 440 So.2d 431 SENTRY AIR FREIGHT CORP. and Insurance Company of North America, Appellants, v.
Angel MENENDEZ and Division of Workers Compensation, Appellees.
TEXT: WIGGINTON, Judge. The employer carrier appeal the deputy commissioner s order finding
claima...ding benefits is reversed and the cause remanded for further proceedings consistent with
this opinion. ROBERT P. SMITH, Jr. and BOOTH, JJ., concur.
69-CITE: 466 So.2d 253 Marc PROULX, Germain Proulx and Marguerite Proulx, Appellants, v. COUNTY OF LEE
and Hartford Accident and Indemnity Company, Appellees.
TEXT: DANAHY, Judge. We agree with the appellant that the trial judge erred in dismissing
Hartford...8, Florida Statutes (1983), and we have not, therefore, considered the possible
application of that statute. RYDER, C.J., and CAMPBELL, J., concur.
70-CITE: 566 So.2d 895 Nick NAVARRO, as Sheriff of Broward County, Appellant, v. George F. KOHAN, JR.,
Appellee.
TEXT: STONE, Judge. We reverse an order dismissing a forfeiture proceeding. The record reflects
th... arriving at the scene, can hardly claim the protection of the statutory privilege. ANSTEAD,
J., and WILLIAM C. OWEN, Jr., Associate Judge, concur.
71-CITE: 510 So.2d 992 SCHOOL BOARD OF MANATEE COUNTY and Johns Eastern Company, Inc., Appellants, v.
Chris Lamar GAMBUZZA, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order which in
per...art of his therapy. Accordingly, we reverse and remand for entry of an order consistent with
this opinion. BOOTH, JOANOS and NIMMONS, JJ., concur.
72-CITE: 531 So.2d 988 Jere SPURLIN, Chief of Police of the City of Fort Myers, Florida, Appellant, v.
Bruce L. SCHEINER, Individually and d b a Associates and Bruce L. Scheiner, Appellees.
TEXT: PER CURIAM. Appellant, Jere Spurlin, Chief of Police of Fort Myers, appeals a peremptory
wri... Section 119.07(2), Fla.Stat. (1987). AFFIRMED IN PART, REVERSED AND REMANDED IN PART.
CAMPBELL, C.J., and SCHOONOVER and THREADGILL, JJ., concur.
73-CITE: 473 So.2d 22 Tom P. LINQUIST, Appellant, v. Mark H. BOYD and Sharon Boyd, his wife, Appellees.
TEXT: PER CURIAM. The defendant Tom P. Linquist appeals a partial summary judgment on liability
en...362 So.2d 414, 416-17 (Fla. 2d DCA 1978). The partial summary judgment appealed from is
reversed and the cause is remanded for further proceedings.
74-CITE: 647 So.2d 1061 Carl MUIR, Appellant, v. CHARLOTTE COUNTY SCHOOL BOARD and McCreary
Corporation, Appellees
TEXT: PER CURIAM. Because there is competent, substantial evidence in the record to support the
ju... So.2d 748, 752 (Fla.1967)). Given these distinguishing facts, Luttrell does not compel
reversal. AFFIRMED. ERVIN, JOANOS and MINER, JJ., concur.
75-CITE: 687 So.2d 1323 CITY OF LAKELAND and Alexsis Risk Management, Appellants, v. Kenneth SCHIEL,
Appellee.
TEXT: KAHN, Judge. Appellants City of Lakeland and Alexsis Risk Management challenge a final
order...t. D.C. Moore & Sons v. Wadkins, 568 So.2d 998 (Fla. 1st DCA 1990) Accordingly, we REVERSE
the final order. BARFIELD, C.J., and DAVIS, J., concur.
76-CITE: 580 So.2d 893 Stanley L. MURKEY, Appellant, v. SIMMONS USA and Wausau Insurance Company,
Appellees.
TEXT: PER CURIAM. Claimant appeals an order of the judge of compensation claims denying the
compen...e of employment on August 20, 1988 so as to parallel the factual findings. The order is
affirmed as modified. BOOTH, JOANOS and ALLEN, JJ., concur.
77-CITE: 667 So.2d 206 CITY OF ATLANTIC BEACH and ITT Hartford, Appellants Cross-Appellees, v. Clifford
Martin STEWART, Appellee Cross-Appellee, and City of Atlantic Beach and Insurance Servicing and
Adjusting Company, Appellees Cross-Appellants.
TEXT: PER CURIAM. Appellants, City of Atlantic Beach and ITT Hartford ( Hartford ), appeal an
orde...aimant injured his left knee in an accident on June 20, 1983. Accordingly, the order of the
JCC is reversed. BARFIELD, KAHN and DAVIS, JJ., concur.
78-CITE: 615 So.2d 856 METROPOLITAN DADE COUNTY, Appellant, v. Gladys POPE, Appellee.
TEXT: PER CURIAM. In this workers compensation case, the employer self-insured (e s-i) challenges
...ed palliative care and the compensable industrial accident. Accordingly, the order on appeal is
REVERSED. ZEHMER, BARFIELD and MINER, JJ., concur.
79-CITE: 662 So.2d 392 Deborah A. ELSASS, Appellant, v. Cecil E. HANKEY, Appellee.
TEXT: GRIFFIN, Judge. Appellant, Deborah Elsass, appeals an adverse verdict in a personal injury
c...tled to a new trial. REVERSED and REMANDED. PETERSON, C.J., and THOMPSON, J., concur.
------------ (FN1) Counsel on appeal were not trial counsel.
80-CITE: 483 So.2d 505 GENERAL ACCIDENT INSURANCE COMPANY, Petitioner, v. BORG-WARNER ACCEPTANCE
CORPORATION and Joseph J. Packal d b a Welcome Video & Electronics, Respondents.
TEXT: DOWNEY, Judge. Following a series of alleged theft losses, Joseph J. Packal d b a Welcome
Vi...and the cause with directions to recuse counsel for Joseph Packal d b a Welcome Video and
Borg-Warner from the case. LETTS and WALDEN, JJ., concur.
81-CITE: 445 So.2d 385 HAYWARD TRUCKING, INC., and Nationwide Insurance Company, Appellants, v. AETNA
INSURANCE COMPANY and Clifford A. Joyner, Appellees.
TEXT: THOMPSON, Judge. Nationwide Insurance Company (Nationwide) and Hayward Trucking, Inc.
(Haywa...ective responsibilities. The order appealed is REVERSED and REMANDED for proceedings
consistent with this opinion. SHIVERS and JOANOS, JJ., concur.
82-CITE: 546 So.2d 1079 CITY OF MIAMI, Appellant, v. Arthur ROBY, Appellee.
TEXT: BARKDULL, Judge. The appellee Roby was involved in a rear-end collision with a car driven
by...; Clooney v. Getting, 352 So.2d 1216 (Fla. 2d DCA 1978); Ervin v. Chaney, 160 So.2d 139 (Fla.
1st DCA 1964). Reversed and remanded with directions.
83-CITE: 519 So.2d 39 WEST AMERICAN INSURANCE COMPANY, Appellant, v. Joy M. LOVETT, etc., Appellee.
TEXT: COWART, Judge. James Aaron Lovett, Jr., was operating, with permission of the owner, a
picku...st the UM insurer under the Wrongful Death Statute and this court s decision in Webster v.
Valiant Insurance Co., 512 So.2d 971 (Fla. 5th DCA 1987).
84-CITE: 693 So.2d 1071 Robert C. EMANUELE and Home Orthopaedics and X-Ray Service of Broward, Inc., a
Florida corporation, Appellants, v. Andrea PERDUE and William Perdue, Appellees.
TEXT: SHAHOOD, Judge. We reverse the trial court s order granting appellee s motion for new trial
.... *1072 Accordingly, we direct that the original jury verdict be reinstated. REVERSED AND
REMANDED WITH DIRECTIONS. STONE and WARNER, JJ., concur.
85-CITE: 722 So.2d 951 Jean R. BURNETT, Appellant, v. The LOWER FLORIDA KEYS HEALTH SYSTEMS, INC.,
Appellee.
TEXT: PER CURIAM. Jean R. Burnett ( plaintiff ) appeals the entry of summary judgment in favor of
...ce to the contrary. See Hervey v. Alfonso, 650 So.2d 644 (Fla. 2d DCA 1995). Accordingly, the
summary judgment entered below is reversed. Reversed.
86-CITE: 748 So.2d 322 Jan C. SEPKO, Appellant, v. PROVIDIAN AUTO & HOME INSURANCE COMPANY, Appellee.
TEXT: KLEIN, J. Appellant, the insured, appeals a summary judgment holding that his automobile
ins...ge, it would have the effect of causing insurers to not reinstate, thus leaving more vehicles
uninsured. Affirmed. GUNTHER and FARMER, JJ., concur.
87-CITE: 705 So.2d 979 Terry Carnell HARDY, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, Judge. Appellant, Terry Carnell Hardy, was convicted of various offenses all
rela...cene of an accident involving injury, but affirin appellant s other convictions. AFFIRMED IN
PART; REVERSED IN PART. POLEN and GROSS, JJ., concur.
88-CITE: 466 So.2d 437 HAYWARD TRUCKING, INC., and Nationwide Insurance Company, Appellants, v. AETNA
INSURANCE COMPANY, and Clifford A. Joyner, Appellee.
TEXT: MILLS, Judge. This appeal and cross appeal arise from a continuing dispute between workers
c...benefits following MMI, the attorney s fee award is not erroneous. The cross appeal is without
merit. AFFIRMED. JOANOS and BARFIELD, JJ., concur.
89-CITE: 583 So.2d 1092 Debra EMANUEL, Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, et
al., Appellees.
TEXT: PER CURIAM. Appellant, Debra Emanuel (Emanuel), appeals a final summary judgment entered in
...st wages and medical expenses, and affirm the portion of the judgment that relates to the
settlement agreement. Reversed in part, affirmed in part.
90-CITE: 474 So.2d 1222 Rita Penn NEWHOUSE, Appellant, v. VOLUSIA COUNTY SCHOOL BOARD & Peninsular Fire
Ins. Co., Appellees.
TEXT: WENTWORTH, Judge. Claimant appeals a workers compensation order entered September 10, 1984,
...e those which are causally related to the compensable accident and injury in the absence of the
second [noncompensable] accident. 458 So.2d at 1210.
91-CITE: 559 So.2d 367 Margarita ESCOBAR, Appellant, v. ECONOMY AWNING COMPANY, Appellee.
TEXT: WENTWORTH, Judge. Claimant appeals a workers compensation order by which it was determined
t... to establish a basis for modification under the statute. The order appealed is reversed and
the cause remanded. ERVIN and WIGGINTON, JJ., concur.
92-CITE: 496 So.2d 967 Jose PEREZ, Appellant, v. TROPICANA PRODUCTS, INC., Appellee.
TEXT: MILLS, Judge. Jose Perez appeals from an order of the deputy commissioner denying his claim
...icting evidence. See Glades County Sugar Growers v. Gonzales, 388 So.2d 333 (Fla. 1st DCA 1980).
Affirmed. BOOTH, C.J., and WENTWORTH, J., concur.
93-CITE: 449 So.2d 404 EASTERN AIR LINES, INC., and Travelers Insurance Company, Appellants, v. Sheila
M. FITZPATRICK and Division of Workers Compensation, Appellees.
TEXT: ERVIN, Chief Judge. Appellants, the employer and carrier, contend the deputy commissioner
er...nal failure cases. Popiel v. Broward County School Board, 432 So.2d 1374, 1375 (Fla. 1st DCA
1983). AFFIRMED. WENTWORTH and BARFIELD, JJ., concur.
94-CITE: 658 So.2d 1062 UNIVERSAL CITY PROPERTY MANAGEMENT, etc., et al., Petitioners, v. Evangelia
SEVDINOGLOU and Alexander SEVDINOGLOU, Respondents.
TEXT: PER CURIAM. We grant that portion of the petition for writ of certiorari that requests
revie...trial court to proceed. See Caterpillar Industrial, Inc. v. Keskes, 639 So.2d 1129 (Fla. 5th
DCA 1994). ------------ (FN1) Fla.R.Civ.P. 1.280(b)(3).
95-CITE: 534 So.2d 883 Leonardo ARZOLA, Petitioner, v. Lucia REIGOSA and Elena Barrios Reigosa,
Respondents.
TEXT: PER CURIAM. The petition for a writ of certiorari seeking review of a trial court order
whic... 248 So.2d 187 (Fla. 4th DCA 1971), and Haney v. Mizell Memorial Hospital, 744 F.2d 1467
(11th Cir.1984) (applying Florida law). CERTIORARI DENIED.
96-CITE: 564 So.2d 562 CITY OF PLANT CITY and Auto-Owners Ins. Co., Appellants, v. Shelby BELCHER and
First Southern Insurance, Appellees.
TEXT: WENTWORTH, Judge. Employer carrier seek review of a workers compensation order by which
clai...at claimant sustained the current injury to his lower back on the 19th of August, and not on
the 26th. Affirmed. ERVIN and WIGGINTON, JJ., concur.
97-CITE: 596 So.2d 721 Timothy J. McELROY, etc., Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY,
etc., et al., Appellees.
TEXT: ON MOTIONS FOR REHEARING PER CURIAM. Appellees filed motions for rehearing in this cause
wh...ngly, we withdraw our prior opinion and replace it with this one. GRANT Motions for Rehearing,
AFFIRM. COBB, W. SHARP, and DIAMANTIS, JJ., concur.
98-CITE: 481 So.2d 51 Mary G. DRINNENBERG, Tammy Drinnenberg, a minor, by and through her mother and
natural guardian, Mary G. Drinnenberg, and Morris Drinnenberg, Appellants, v. STATE of Florida,
DEPARTMENT OF TRANSPORTATION, Appellee.
TEXT: LEHAN, Judge. Plaintiffs in this personal injury case appeal from a summary judgment
granted...dingly, entry of summary judgment was erroneous. Reversed and remanded for proceedings
consistent herewith. DANAHY, A.C.J., and FRANK, J., concur.
99-CITE: 732 So.2d 431 Dwayne WILLIAMS, a k a Dwayne Crawford, Appellant, v. STATE of Florida,
Appellee.
TEXT: ALTENBERND, Acting Chief Judge. Dwayne A. Williams appeals his judgments and sentences
arisi...s. We also reverse the sentences and remand for resentencing. Affirmed in part, reversed in
part, and remanded. FULMER and NORTHCUTT, JJ., Concur.
100-CITE: 605 So.2d 1007 The PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA d b a Jackson Memorial
Hospital, Appellant, v. STATE of Florida, DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF STATE
EMPLOYEES INSURANCE, Appellee.
TEXT: PER CURIAM. Appellant, the Public Health Trust of Dade County, (Hospital), appeals a final
o... school at the time of the accident. This ambiguity, in conjunction with the holding in Klotz,
permits recovery. Accordingly, we reverse. Reversed.
101-CITE: 432 So.2d 164 PHOTO ELECTRONICS CORPORATION WPEC and Insurance Company of North America,
Appellants, v. Richard J. GLICK, Appellee.
TEXT: MILLS, Judge. Photo Electronics and its carrier appeal a compensation order modifying a 25%
...ce of economic disruption caused by the injury. The modification of the permanent impairment
rating is REVERSED. JOANOS and THOMPSON, JJ., concur.
102-CITE: 632 So.2d 200 MARRIOTT and MARRIOTT CASUALTY CLAIMS, Appellant, v. Ralph CONDO, Appellee.
TEXT: KAHN, Judge. In this appeal from a workers compensation order, the employer carrier
Marriott...uture chiropractic care. We REVERSE and REMAND for further proceedings on entitlement to
future chiropractic care. JOANOS and WEBSTER, JJ., concur.
103-CITE: 480 So.2d 665 Lucille N. WINGATE and Isaac N. Wingate, Appellants, v. UNITED SERVICES
AUTOMOBILE ASSOCIATION and Linda J. Russell, Personal Representative of Estate of Roy Ethelbert
Kelly, deceased, Appellees.
TEXT: COBB, Chief Judge. Appellant, Lucille Wingate, was a passenger in a vehicle driven by
appell...is court, and therefore it is not before us. See Lynch v. Tennyson, 443 So.2d 1017 (Fla.
5th DCA 1983). AFFIRMED. UPCHRUCH and SHARP, JJ., concur.
104-CITE: 638 So.2d 1021 Bobby MCPHERSON, Appellant, v. Patricia Booth METZ, et al., Appellees.
TEXT: GOSHORN, Judge. Bobby McPherson appeals the final summary judgment entered in favor of
Theod...not yet met his burden of establishing that no material facts are in dispute in order to
sustain a summary judgment in this type of negligence case.
105-CITE: 654 So.2d 637 WINN DIXIE and Crawford & Company, Appellants, v. Diane ROSS, Appellee.
TEXT: DAVIS, Judge. Winn Dixie and Crawford and Company, the employer and servicing agent (e sa),
... finding that there was a compensable injury. Accordingly, we reverse and remand with directions
to dismiss the claim. ALLEN and KAHN, JJ., concur.
106-CITE: 707 So.2d 777 Kenneth Michael WALDECKER, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Judge. We affirm Kenneth Waldecker s two convictions for driving under the influence
...victions on Counts I, III and IV affirmed; conviction as to Count II vacated; remanded for
resentencing. DANAHY, A.C.J., and PATTERSON, J., concur.
107-CITE: 643 So.2d 707 ICI EXPLOSIVES USA INC., Thomas G. Butler and Integral Truck Leasing of
Greensboro, Inc., Petitioners, v. Venlin E. DOUGLAS, individually and as Personal Representative of
the Estate of Charles Douglas, Deceased, Gloria Phillips, individually and as Personal
Representative of the Estate of Milton G. Brown, Deceased, Brenda Rhodie, Florida Department of
Transportation, and Charles L. Brown, Respondents.
TEXT: PER CURIAM. We grant certiorari and quash the trial court s order compelling discovery of
in...e contents of the information they gathered, their evaluation of it, and their contentions
based on it. GLICKSTEIN, GUNTHER and KLEIN, JJ., concur.
108-CITE: 483 So.2d 21 STATE of Florida, DEPARTMENT OF PUBLIC HEALTH, DIVISION OF RISK MANAGEMENT,
Appellant, v. Muriel WILCOX, Appellee.
TEXT: BARFIELD, Judge. Department of Public Health, Division of Risk Management appeals from a
fin...ccident following, and identifiably distinct from, injuries incurred in a compensable
accident. Rehearing is DENIED. ERVIN and JOANOS, JJ., concur.
109-CITE: 616 So.2d 531 Terry EALY, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals his conviction, after jury trial, of vehicular homicide
... for resentencing on the three remaining charges accordingly. Reversed and remanded. MICKLE,
J., and JORGENSON, JAMES R., Associate Judge, concur.
110-CITE: 534 So.2d 919 Patricia Justino RODRIGUEZ, a minor, By and Through her mother and next friend,
Ehra RODRIGUEZ, and Ehra Rodriguez, individually, Appellants, v. UNITED SERVICES AUTOMOBILE
ASSOCIATION, Appellee.
TEXT: PER CURIAM. This is an appeal by the minor plaintiff Patricia Justino Rodriguez, by and
thro.... 4th DCA 1975); Allstate Ins. Co. v. Ruiz, 305 So.2d 275, 277 (Fla. 3d DCA 1974); cf. Martin
v. Young, 443 So.2d 293 (Fla. 3d DCA 1983). AFFIRMED.
111-CITE: 710 So.2d 53 Tony PAPAGEORGE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Tony Papageorge, was involved in an accident in which two people
were...rther proceedings consistent with this opinion. AFFIRMED IN PART, REVERSED IN PART; AND
REMANDED. STONE, C.J., and GUNTHER and POLEN, JJ., concur.
112-CITE: 546 So.2d 1118 Steven J. CHORZELEWSKI, McCullagh Leasing, Inc., a Florida corporation, and
Pepsi-Cola Bottling Co. of Fort Lauderdale-Palm Beach, Inc., a Florida corporation, Appellants, v.
Nilsa I. DRUCKER, Appellee.
TEXT: GUNTHER, Judge. Nilsa Drucker, plaintiff below, brought a negligence action for injuries
sus... jury. Accordingly, we reverse the jury verdict for plaintiff and remand for a new trial.
DELL, J., concurs. STONE, J., dissents without opinion.
113-CITE: 528 So.2d 1299 CITY MANAGEMENT GROUP CORPORATION, a Florida corporation, Appellant, v.
AMERICAN RELIANCE INSURANCE COMPANY, a foreign corporation, Appellee.
TEXT: PER CURIAM. The final summary judgment under review is affirmed upon a holding that (a) the
...1960); and (d) this being so, a summary judgment for the insurer herein was entirely proper. See
Holl v. Talcott, 191 So.2d 40 (Fla.1966) Affirmed.
114-CITE: 666 So.2d 1018 Willie HUNTER, Appellant, v. SOUTH FLORIDA SOD and Florida Farm Bureau,
Appellees.
TEXT: BARFIELD, Judge. The claimant seeks review of a workers compensation order determining that
...fic Tea Company v. Wood, 380 So.2d 558 (Fla. 1st DCA 1980); A.C. Scott Construction and Paving
Company v. Miller, IRC Order 2-3906 (Sept. 11, 1979).
115-CITE: 753 So.2d 145 The STATE of Florida, Appellant, v. Debra WEBB, Appellee.
TEXT: GREEN, J. The state appeals an order suppressing the results of a blood alcohol test
adminis...suppressed the results of the test in this case. See Dorman v. State, 492 So.2d 1160, 1162
(Fla. 1st DCA 1986); White, 492 So.2d at 1164. Affirmed.
116-CITE: 553 So.2d 354 Carmen ALLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR CLARIFICATION AND ON MOTION FOR REHEARING GARRETT, Judge. Appellant s motion
...r. ------------ (FN2) We disapprove of the blood alcohol presumption instruction given at trial.
Rolle v. State, 528 So.2d 1208 (Fla. 4th DCA 1988).
117-CITE: 442 So.2d 379 INTERNATIONAL INSURANCE COMPANY, Appellant, v. Jeff MASON and South Carolina
Insurance Company, Appellees.
TEXT: LEHAN, Judge. The trial court granted summary judgment to plaintiff-appellee, Jeff Mason,
ag...uld apply and would relieve appellant from liability. REVERSED AND REMANDED FOR PROCEEDINGS
CONSISTENT HEREWITH. OTT, C.J., and SCHEB, J., concur.
118-CITE: 621 So.2d 582 PLAYDIUM MANAGEMENT COMPANY, INC., a Florida corporation, Petitioner, v. Muriel
King MILLER and Jack Miller, her husband, Respondents.
TEXT: PER CURIAM. The petition for writ of certiorari is granted. See Winn Dixie Stores, Inc. v.
N...uld deny the petition. In my judgment there is insufficient basis in this record to mandate a
determination that the accident report was privileged.
119-CITE: 553 So.2d 357 RANDOM HOUSE RCA and Zurich-American Ins. Co., Appellants, v. Joseph MALONE,
Appellee.
TEXT: WENTWORTH, Judge. Employer carrier seek review of a worker s compensation order by which
the...ner s reinstatement of claimant s permanent total disability benefits was proper. The order
appealed is affirmed. NIMMONS and ZEHMER, JJ., concur.
120-CITE: 692 So.2d 989 Benny SORTINO, Appellant, v. COMMERCIAL CARRIER CORPORATION and Comcar,
Appellees.
TEXT: PER CURIAM. Based on a 1986 compensable accident, appellant made a claim for further
medical...nt, concerning their obligation to provide future care. As explained here, the order is
AFFIRMED. BARFIELD, C.J., and KAHN and DAVIS, JJ., concur.
121-CITE: 498 So.2d 568 Warren MASER and American Motorists Insurance Company, Appellants, v. Tracy Ward
FIORETTI, etc., Appellee.
TEXT: ORFINGER, Judge. Warren Maser and American Motorists Insurance Company, defendants in the
tr...m the amount of any judgment to which the plaintiff would be otherwise entitled at the time
of rendering judgment and enter judgment accordingly.
122-CITE: 648 So.2d 1218 Karen TOBIN, Appellant, v. HENDRY COUNTY SHERIFF S DEPARTMENT and Gallagher
Bassett, Inc., Appellees.
TEXT: PER CURIAM. In this workers compensation case, claimant seeks review of an order denying
her...her review and explanation will accomplish. In my view, we have a simple failure of proof by
the claimant, and the judge s order should be affirmed.
123-CITE: 499 So.2d 45 TELEFLEX, INC. and Wausau Insurance Companies, Appellants, v. Vada ARNDTS,
Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order finding
clai... causally to the temporary disability claim, even assuming (without deciding) that a contrary
conclusion may be dictated as to permanent disability.
124-CITE: 606 So.2d 1273 BODY WORKS, INC. and Claims Center, Appellants, v. Luis CHAVEZ, Appellee.
TEXT: BARFIELD, Judge. The employer appeals a workers compensation order, challenging the award
of.... Mora s bills to the extent that they relate to the claimant s hearing loss, and AFFIRM the
remainder of the order. ERVIN and ZEHMER, JJ., concur.
125-CITE: 616 So.2d 507 Wayne PHILLIPS, Appellant, v. HAGUE WATER CONDITIONING and Claims Center;
Progress Drywall & Stucco, Inc., and Feisco, Appellees.
TEXT: KAHN, Judge. Wayne Phillips appeals a workers compensation order denying him medical
benefit...---- (FN1) On November 25, 1987, Phillips settled the indemnity portion of his claim with
Hague, but the medical portion of the claim remained open.
126-CITE: 447 So.2d 1012 Barbara Ann VUKOVICH, Appellant, v. James LEO, Michele Leo, and State Farm
Mutual Automobile Insurance Company, Appellees.
TEXT: HENDRY, Judge. Appellant Barbara Vukovich appeals from an adverse final summary judgment
ent... of Perry v. Harlie Lynch Construction Co., Inc., 426 So.2d 52 (Fla. 1st DCA 1983); Burkett v.
Parker, 410 So.2d 947 (Fla. 1st DCA 1982). Affirmed.
127-CITE: 590 So.2d 1084 Donald HUBBELL, Appellant, v. TRIPLE J OF LEE COUNTY and Executive Risk
Consultants, Inc., Appellees.
TEXT: WIGGINTON, Judge. The claimant brings this appeal from the order of the Judge of
Compensatio...e reverse the JCC s order denying the claim for medical benefits and remand for an
appropriate award of said benefits. ERVIN and WOLF, JJ., concur.
128-CITE: 559 So.2d 106 Ricky Lee SWANK and Elaine Swank, husband and wife, Appellants, v. Leo W.
SCHRADER and Cean G. Schrader, husband and wife, Appellees.
TEXT: PER CURIAM. In the trial of this personal injury action, the court admitted into evidence a
...se is reversed and remanded for proceedings consistent herewith. Reversed and remanded. PARKER,
A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
129-CITE: 630 So.2d 1231 Peter Ivan PEREZ, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Chief Judge. The car Peter Perez was driving collided with a truck and the driver
was...ory duty under section 316.066(1) and (2). Brackin, 452 So.2d at 544. Accordingly, we affirm
Perez s conviction. RYDER and PATTERSON, JJ., concur.
130-CITE: 692 So.2d 305 STATE of Florida, Appellant Cross-Appellee, v. Richard EVANS, Appellee
Cross-Appellant.
TEXT: WARNER, Judge. We affirm the trial court s order granting suppression of appellee s
statemen...e motion to suppress appellee s statements to Detective Babcock. Affirmed in part;
reversed in part and remanded. DELL and STEVENSON, JJ., concur.
131-CITE: 657 So.2d 1279 Robert HELMICK and Gregory Herrick, Petitioner, v. Jessica McKINNON,
Respondent.
TEXT: W. SHARP, Judge. Helmick, a defendant in a personal injury action, seeks certiorari review
o... and quash the order denying discovery. Petition for Certiorari GRANTED; Order Denying
Discovery QUASHED. PETERSON, C.J., and DAUKSCH, J., concur.
132-CITE: 447 So.2d 1034 Louise MITCHELL, Willie Mae Fleming and Joseph Fleming, Appellants, v. Rufus
ROBBINS, Gator Freightways, Inc., and Transport Insurance Company, Appellees.
TEXT: PER CURIAM. Summary judgment was entered against appellants suit for damages which stemmed
f...-A-Car Systems, Inc., 354 So.2d 54 (Fla.1977). Accordingly, we reverse and remand for a trial
on the merits. HURLEY, DELL and WALDEN, JJ., concur.
133-CITE: 594 So.2d 815 Todd DARLING, Appellant, v. CONLEY BUICK, INC., and Adjustco, Inc.
TEXT: SHIVERS, Judge. The claimant appeals an order of the Judge of Compensation Claims (JCC)
find...2 (Fla. 1st DCA 1985). Accordingly, this cause is reversed and remanded for further
proceedings consistent herewith. BOOTH and MINER, JJ., concur.
134-CITE: 698 So.2d 1280 George Clayton JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, Judge. George Clayton Jones appeals his convictions and sentences for five counts
...ond a reasonable doubt, we affirm appellant s convictions and sentences. AFFIRMED. GOSHORN, J.,
concurs. DAUKSCH, J., concurs in conclusion only.
135-CITE: 463 So.2d 581 Sally Clayton JENKINS, joined by her husband, Taylor Jenkins, Appellants, v.
Charles Ray WEST, Frances Elaine West, and Atlanta Casualty Company, Appellees.
TEXT: PER CURIAM. On September 2, 1982, plaintiff Sally Jenkins was injured in an automobile
accid...urrence here under consideration. It is not collateral income being received on account of
the injuries received in the accident here in question.
136-CITE: 462 So.2d 1218 Robert GORDON and Jessie Mae Gordon, Appellants, v. The CITY OF LAUDERHILL,
Belefonte Insurance Company, and Pine Top Insurance Company, Appellees.
TEXT: PER CURIAM. AFFIRMED. LETTS and DELL, JJ., concur. ANSTEAD, C.J., dissents with opinion.
...in the street, were also partly responsible for the accident. For that reason I would reverse the
entry of summary judgment in favor of the firemen.
137-CITE: 573 So.2d 189 Jean A. PIERRE-LOUIS, Appellant, v. Margaret ALFRED, Appellee.
TEXT: PER CURIAM. Affirmed. See Helman v. Seaboard Coast Line R.R. Co., 349 So.2d 1187
(Fla.1977);...akita v. Rose, 547 So.2d 154 (Fla. 3d DCA 1989), rev. denied, 588 So.2d 19 (Fla.1990).
------------ (FN1) Unpaid medical expenses totalled $1800.00.
138-CITE: 465 So.2d 648 Norman DUNNELL, Appellant, v. ROBBINS WAREHOUSE and American Mutual Liability
Insurance Company, Appellees.
TEXT: MILLS, Judge. Dunnell appeals from an order denying workers compensation benefits based on
a...ell s condition was related to *650 a prior injury. Thus, a causal relationship was never
established. REVERSED. JOANOS and BARFIELD, JJ., concur.
139-CITE: 576 So.2d 918 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Shawn CULVER and
David Blaskey, Appellees.
TEXT: CAMPBELL, Judge. The primary issue for our determination in this appeal is whether
appellant... to Blaskey, it also owed no duty to Culver, who was merely the driver of the vehicle.
Reversed and remanded. SCHEB, A.C.J., and FRANK J., concur.
140-CITE: 563 So.2d 819 Pamela McINTYRE, Appellant, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellee.
TEXT: ORFINGER, M., Associate Judge. We affirm the summary final judgment appealed from which
dete...United States Aviation Underwriters, Inc. v. Sunray Airline, Inc., 543 So.2d 1309 (Fla. 5th
DCA 1989). AFFIRMED. W. SHARP and COWART, JJ., concur.
141-CITE: 452 So.2d 114 Jack Evans CHARPING, Sr., Appellant, v. DeHART ROOFING and Johns Eastern
Company, Inc., Appellees.
TEXT: WIGGINTON, Judge. Appellant claimant appeals and appellees, employer carrier, cross appeal
t...ion v. Glick, 398 So.2d 900 (Fla. 1st DCA 1981). Thus, the above finding provides no basis for
reversal. AFFIRMED. MILLS and SHIVERS, JJ., concur.
142-CITE: 446 So.2d 1183 Michael McTEVIA and Mary Ann McTevia, Appellants, v. Paul SCHRAG and Prudential
Property and Insurance Company, Appellees.
TEXT: DOWNEY, Judge. Appellants, Mr. and Mrs. McTevia, were plaintiffs in the trial court. They
br...emonstrated by the change in ruling by the court. Accordingly, the judgment appealed from is
affirmed. AFFIRMED. BERANEK and WALDEN, JJ., concur.
143-CITE: 649 So.2d 904 Euyvondia GADDIS, Appellant, v. ALLIED PLASTICS, Appellee.
TEXT: ERVIN, Judge. Claimant, Euyvondia Gaddis, appeals from a final workers compensation order
in...y came into contact with Gaddis s back, were inside the steam room where Gaddis was working.
REVERSED and REMANDED. JOANOS and MINER, JJ., concur.
144-CITE: 721 So.2d 1235 Sara V. THOMAS-JOHNSTON, Appellant, v. PUBLIX SUPERMARKETS, INC. and ITT
Specialty Risk Services, Inc., Appellees.
TEXT: PER CURIAM. We approve the calculation of Ms. Thomas-Johnston s average weekly wage on the
b...e was $225, based on the methodology the judge of compensation claims adopted. Reversed and
remanded. BOOTH, BENTON and VAN NORTWICK, JJ., Concur.
145-CITE: 582 So.2d 134 Walter J. NANCE, Appellant, v. SCHOOL BOARD OF POLK COUNTY, and Hewitt, Coleman
& Associates, Appellees.
TEXT: PER CURIAM. In this workers compensation case, the claimant, Walter J. Nance, challenges
the...erefore reverse the denial of TPD benefits and remand the case for consideration of Dr.
Spalding s testimony. ERVIN, ZEHMER and MINER, JJ., concur.
146-CITE: 686 So.2d 625 Todd E. DUMAS, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. We agree that the record supports the jury verdict of guilt on the charge of
...DGE REQUIREMENT BASED ON THE ACTUAL OFFENSE CHARGED, TO WIT: DEATH IF SO CHARGED OR INJURY IF SO
CHARGED? PETERSON, C.J., and ANTOON, J., concur.
147-CITE: 629 So.2d 1064 HILTON HOTELS CORPORATION, a Delaware corporation, Appellant, v. EMPLOYERS
INSURANCE OF WAUSAU, Appellee.
TEXT: LEVY, Judge. An insured defendant in a slip-and-fall case appeals an adverse summary
judgmen...ounsel for both sides admitted at oral argument that there were no findings of fact
regarding the exact distance of the accident from the gift shop.
148-CITE: 557 So.2d 180 Carol Ann SYLVESTER, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Pursuant to a written plea agreement, appellant Carol Sylvester pled nolo
conten...rt. (FN2) The rule announced in Ferguson would waive confidentiality as to the entire
accident report, not just the portions identifying the driver.
149-CITE: 495 So.2d 885 Ronald FAUST, James Beck, and Jean Ann Holmes, Appellants, v. CITY OF NORTH
PORT, Appellee.
TEXT: CAMPBELL, Judge. Appellants filed suit in Charlotte County, Florida, seeking damages for
per...ce to appellants right to refile their cause of action in compliance with the requirements of
section 768.28. RYDER, A.C.J., and LEHAN, J., concur.
150-CITE: 515 So.2d 1050 Marie LAURENT, Appellant, v. UNIROYAL, INC., Appellee.
TEXT: PER CURIAM. In Marie Laurent s appeal from an Adverse Final Judgment, she cites as error
the...ersal, see Colonial Stores, Inc. v. Scarbrough, 355 So.2d 1181 (Fla.1978); Gonzalez v. Leon,
511 So.2d 606 (Fla. 3d DCA 1987), we affirm. Affirmed.
151-CITE: 501 So.2d 66 VANGUARD PEST CONTROL and Claims Center, Appellant, v. Richard R. TURNER,
Appellee.
TEXT: MILLS, Judge. In this workers compensation appeal from an order awarding temporary total
dis...ve been apportioned out of Turner s award of PTD. Evans v. Florida Industrial Commission,
supra. Affirmed. BOOTH, C.J., and WENTWORTH, J., concur.
152-CITE: 528 So.2d 516 ZAYRE CORPORATION, Appellant, v. Janet Sue BRYANT and Robert Myers Bryant, Jr.,
her husband, Appellees.
TEXT: PER CURIAM. This is an appeal by the defendant Zayre Corporation from a final judgment
enter... least four prior to the accident further supports the result we reach herein. Jenkins v.
Brackin, 171 So.2d 589, 591 (Fla. 2d DCA 1965). Affirmed.
153-CITE: 645 So.2d 181 Harold and Sara SCHEFF, Petitioners, v. Bertha MAYO, Respondent.
TEXT: PER CURIAM. Harold and Sara Scheff petition this court for a writ of certiorari seeking to
r...rder below, and direct the trial court to permit the pretrial discovery of the respondent s
psychiatric records. Certiorari granted; order quashed.
154-CITE: 528 So.2d 1292 Jeffrey Eugene TAYLOR, Appellant, v. STANLEY INDUSTRIAL CORPORATION and Claims
Center, Appellees.
TEXT: ERVIN, Judge. The claimant appeals the final order of the deputy commissioner (dc) denying
t...t DCA 1987). The dc s order is therefore REMANDED for clarification and proceedings consistent
with this opinion. JOANOS and NIMMONS, JJ., concur.
155-CITE: 570 So.2d 1059 PALM BEACH COUNTY SHERIFF S OFFICE and Sedgwick James of Florida, Inc.,
Appellants, v. John C. GINN, Appellee.
TEXT: ALLEN, Judge. The employer carrier bring this appeal from an order finding the claimant s
ac...his cause is remanded to the judge of compensation claims for entry of an order in accordance
with this opinion. WENTWORTH and JOANOS, JJ., concur.
156-CITE: 573 So.2d 422 Ilya IOSILEVICH and David Iosilevich, Appellants, v. Rosemarie TESTA, Appellee.
TEXT: PER CURIAM. The only medical testimony presented by Rosemarie Testa in this personal injury
...d DCA 1974). Reversed and remanded with instructions to enter a judgment for the defendants in
accordance with their motion for a directed verdict.
157-CITE: 538 So.2d 967 FEISCO, Appellant, v. Peggy POWELL, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from an order of the deputy commissioner
gra...were the result of her industrial accident. Accordingly, we reverse and remand for
proceedings consistent herewith. JOANOS and MINER, JJ., concur.
158-CITE: 634 So.2d 1134 E. Janice SMITH, Appellant, v. DOLLAR GENERAL CORPORATION and Alexsis,
Appellees.
TEXT: PER CURIAM. Claimant appeals from an order of the judge of compensation claims (JCC)
denying...cident. Accordingly, the order denying benefits pursuant to section 440.19(1), Florida
Statutes, is AFFIRMED. ERVIN, MICKLE and DAVIS, JJ., concur.
159-CITE: 627 So.2d 1306 DIXIE INSURANCE COMPANY, Appellant, v. Donald G. THOMAS, Sydette A. Thomas, and
Jake Fulmer, Jr., Appellees.
TEXT: LAWRENCE, Judge. Dixie Insurance Company (Dixie) filed a declaratory judgment action to
dete...guage of the policies. The case therefore is reversed and remanded for consistent
proceedings. It is so ordered. BARFIELD and WEBSTER, JJ., concur.
160-CITE: 521 So.2d 280 Lawrence BUTTE and Phyllis Butte, Appellants, v. Vicki L. HUGHES and Phillip R.
Hughes, Appellees.
TEXT: RYDER, Acting Chief Judge. On December 20, 1982, appellant, Lawrence Butte, was involved in
...onsortium claims. Affirmed in part; reversed in part and remanded for proceedings consistent
with this opinion. SCHOONOVER and FRANK, JJ., concur.
161-CITE: 562 So.2d 418 ALEXANDER & ALEXANDER FASHIONS and Claims Center, Appellants, v. Esperanza
ORTEGA, Appellee.
TEXT: WIGGINTON, Judge. Appellants, employer carrier, appeal the judge of compensation claims
orde...der the facts of this case, we agree with the judge s findings of compensability and uphold
his order. AFFIRMED. SMITH and WENTWORTH, JJ., concur.
162-CITE: 576 So.2d 904 PUBLIX SUPERMARKETS, INC. and Hartford Insurance Group, Appellants, v. Kennedy
WALKER, Appellee.
TEXT: WIGGINTON, Judge. The order of the judge of compensation claims is AFFIRMED. The judge did
n...thereby entitling claimant to a fee under section 440.34(3)(c), Florida Statutes (1987).
AFFIRMED. SMITH, J., and WENTWORTH, Senior Judge, concur.
163-CITE: 475 So.2d 1300 CENTRAL CONCRETE CO., INC. and Risk Management Services, Inc., Appellant, v.
Rufus HARRIS, Appellee.
TEXT: SHIVERS, Judge. Employer Carrier, Central Concrete Co., Inc. Risk Management Services,
Inc.,...a. 1st DCA 1982), pet. for rev. den., 431 So.2d 989 (Fla.1983). AFFIRMED in part, REVERSED
in part, and REMANDED. SMITH and BARFIELD, JJ., concur.
164-CITE: 594 So.2d 755 Thomas CARTIER, Appellant, v. FLORIDA POWER & LIGHT COMPANY, a Florida
corporation, Appellee.
TEXT: GERSTEN, Judge. Appellant, Thomas Cartier (Cartier), appeals a final summary judgment in
fav...ge at the time of the accident. Thus, because FPL met all prongs of section 440.11, Cartier is
foreclosed from a tort action against FPL. Affirmed.
165-CITE: 701 So.2d 584 Karlynn BLAGROVE, Petitioner, v. James SMITH, Respondent.
TEXT: DAUKSCH, Judge. Karlynn Blagrove, plaintiff in a personal injury action involving an
automob... did not depart from the essential requirements of law, the petition for certiorari is
denied. PETITION DENIED. W. SHARP and GOSHORN, JJ., concur.
166-CITE: 461 So.2d 121 W.W. TRUCKING COMPANY and RTC Transportation, Inc., Appellants Cross-Appellees,
v. Thomas W. BOYD, W. W. Trucking Company and Carriers Insurance Company, Appellees
Cross-Appellants.
TEXT: SMITH, Judge. Appellants W.W. Trucking Company and RTC Transportation, Inc. (RTC) raise two
... respects, the order appealed from is AFFIRMED. AFFIRMED in part; REVERSED in part; and REMANDED
with directions. BOOTH and THOMPSON, JJ., concur.
167-CITE: 583 So.2d 1108 UNIGARD SECURITY INSURANCE COMPANY, Appellant, v. Efren Diaz SALINERO and Jaime
Edelstein, M.D., P.A., Appellees.
TEXT: PER CURIAM. Appellant, Unigard Security Insurance Company, (Unigard) appeals a final
judgmen...ial existed for World Omni, World Omni can subrogate its claim for indemnity to Unigard.
Accordingly, we reverse and remand. Reversed and remanded.
168-CITE: 587 So.2d 621 Horace JOHNSON, Appellant, v. SEACREST MANAGEMENT, INC. and Feisco and the
Division of Workers Compensation, Appellees.
TEXT: ZEHMERR, Judge. Horace Johnson appeals a workers compensation order denying his claim for
me...ANDED. WOLF, J., concurs. BOOTH, J., specially concurs with opinion. BOOTH, Judge, specially
concurring. I concur in the result of this opinion.
169-CITE: 645 So.2d 581 U-HAUL OF SOUTH FLORIDA and Crawford & Company, Appellants, v. Chris MARCH,
Appellee.
TEXT: ERVIN, Judge. The employer carrier (E C) appeals a workers compensation order finding that
c...ree. Under the clear language of the statute, claimant cannot himself be considered an outside
agency. AFFIRMED. JOANOS and BARFIELD, JJ., concur.
170-CITE: 505 So.2d 645 Robert SIMS, Appellant, v. C.A. MYERS PAVING & CONSTRUCTION and CNA, Appellees.
TEXT: SHIVERS, Judge. Claimant Robert Sims appeals from the deputy commissioner s order
dismissing...mant be permitted to amend his claim to reflect the correct date of his industrial
accident. REVERSED and REMANDED. ERVIN and ZEHMER, JJ., concur.
171-CITE: 520 So.2d 276 STATE of Florida, Petitioner, v. Roxanne WILLIAMS, Respondent.
TEXT: KOGAN, Justice. This is a petition to review Williams v. State, 505 So.2d 478 (Fla. 2d DCA
1...ourt for resentencing consistent with this opinion. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, BARKETT and GRIMES, JJ., concur.
172-CITE: 702 So.2d 294 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. David J. PERRY,
Respondent.
TEXT: W. SHARP, Judge. The Department of Highway Safety and Motor Vehicles (Department) seeks
cert...bjected to, there was insufficient evidence to conclude he was a driver. Petition for Writ
of Certiorari DENIED. PETERSON and ANTOON, JJ., concur.
173-CITE: 432 So.2d 104 Eugene MORRIS, Appellant, v. UNITED SANITATION SERVICES, a Florida corporation,
Sanitas Service Corporation, a foreign corporation for profit, Gelco Corporation, a Florida
corporation, and Continental Casualty Company, a foreign corporation, Appellees.
TEXT: PER CURIAM. We affirm the trial court s order granting United Sanitation Services s motion
f... 442 (Fla. 5th DCA 1981); Rivera v. White, 386 So.2d 1233 (Fla. 3d DCA 1980); City of Miami v.
Veargis, 311 So.2d 693 (Fla. 3d DCA 1975). Affirmed.
174-CITE: 524 So.2d 1111 Deborah Ann BOHAN and Joel Berkowitz, husband and wife, Petitioners, v. Frank
CAL and Kathleen F. Cal, Respondents.
TEXT: PER CURIAM. Petitioners seek certiorari from an order granting summary judgment for
defendan...mpany, 515 So.2d 998 (Fla. 4th DCA 1987). Accordingly, certiorari is denied. CERTIORARI
DENIED. HERSEY, C.J., and GUNTHER and WALDEN, JJ., concur.
175-CITE: 452 So.2d 101 FLORIDA WELDING & ERECTION SERVICE and U.S. Fidelity & Guaranty Company,
Appellants, v. Jerald MARTIN, Appellee.
TEXT: SHIVERS, Judge. In this workers compensation case, the employer carrier appeal two orders
of... of costs and in the reservation of jurisdiction for the determination of a reasonable attorney
s fee. AFFIRMED. MILLS and WIGGINTON, JJ., concur.
176-CITE: 540 So.2d 878 Thomas N. OLSEN, Appellant, v. WELLCRAFT MARINE CORPORATION and Crawford &
Company, Appellees.
TEXT: PER CURIAM. This cause is before us on appeal from an order of the deputy commissioner
denyi...imony). Accordingly, the deputy s order should be reversed and remanded for proceedings
consistent herewith. BOOTH, JOANOS and MINER, JJ., concur.
177-CITE: 517 So.2d 82 DEPARTMENT OF TRANSPORTATION, State of Florida, Appellant, v. Evelyn S. BROOKS
and Melvin Brooks, Appellees.
TEXT: THOMPSON, Judge. The Department of Transportation (DOT) appeals an order of the trial court
...nce to support the jury verdict and it was error to award an additur or in the alternative a new
trial. REVERSED. SHIVERS and ZEHMER, JJ., concur.
178-CITE: 713 So.2d 1104 Cynthia WAINER, Appellant, v. Aida BANQUERO and Ernesto Banquero, Appellees.
TEXT: DELL, Judge. Cynthia Wainer appeals the trial court s denial of her motion for mistrial and
..., 299 So.2d 602 (Fla.1974). Accordingly, we reverse and remand this cause for a new trial.
REVERSED and REMANDED. GUNTHER and KLEIN, JJ., concur.
179-CITE: 700 So.2d 732 Arlene VALENTE, Appellant, v. RESORT ENTERPRISES, INC., and James Edward Bishop,
Appellees.
TEXT: PATTERSON, Judge. Arlene Valente appeals from a final judgment awarding her $596.66 in
damag...f any negligence on Valente s part. We therefore reverse and remand for a new trial on all
issues. SCHOONOVER, A.C.J., and THREADGILL, J., concur.
180-CITE: 535 So.2d 720 Mary E. LECUYER and Richard P. Lecuyer, Appellants, v. STATE of Florida,
DEPARTMENT OF TRANSPORTATION, Appellee.
TEXT: PER CURIAM. This is an appeal from a final order of dismissal. We affirm. Appellants sued
t...able from Franklin v. Palm Beach County, 534 So.2d 828 (Fla. 4th DCA 1988). GLICKSTEIN and
STONE, JJ., and POLEN, MARK E., Associate Judge, concur.
181-CITE: 757 So.2d 1264 Robert NELSON, Petitioner, v. STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY
AND MOTOR VEHICLES, Respondent.
TEXT: SHEVIN, Judge. Robert Nelson petitions for a writ of certiorari to quash a circuit court
app...ted, and decision quashed. ------------ (FN1) Contrary to the department s assertion, the
appellate division entered a written opinion in this case.
182-CITE: 508 So.2d 485 William SAYAD, Appellant, v. James ALLEY, Appellee.
TEXT: PER CURIAM. We affirm the judgment for the plaintiff entered on a jury verdict in this
inter...Fla. 5th DCA 1983); Rezzarday v. West Florida Hospital, 462 So.2d 470 (Fla. 1st DCA 1984);
Diaz v. Rodriguez, 384 So.2d 906, 907 (Fla. 3d DCA 1980).
183-CITE: 645 So.2d 1057 NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant, v. Theresa MACDONALD and
William Macdonald, Sr., individually and as Personal Representative of the Estate of William Stanley
Macdonald, Appellee.
TEXT: KLEIN, Judge. The appellee s adult son was injured in an automobile accident on December 4,
...City of Ft. Worth, 193 S.W. 1143 (Tex.Civ.App.1917); Beausoleil s Case, 321 Mass. 344, 73 N.E.2d
461 (1947). (FN3) Section 768.17, Florida Statutes.
184-CITE: 649 So.2d 931 GOLDCOAST ENGINEERING & TESTING and Maryland Casualty Company c o Reimbursement
Consultants, Incorporated, Appellants, v. STATE OF FLORIDA SPECIAL DISABILITY TRUST FUND, Appellee.
TEXT: PER CURIAM. The issue before the judge of compensation claims ( JCC ) in this case was
wheth...o determine what, if any, consideration the JCC gave the affidavits, we REVERSE and REMAND
for clarification. BOOTH, JOANOS and MINER, JJ., concur.
185-CITE: 745 So.2d 1031 Margaret B. SIMMONS, Appellant, v. Cal HENDERSON, Sheriff of Hillsborough
County, Appellee.
TEXT: SCHEB, JOHN M., (Senior) Judge. Appellant, Margaret B. Simmons, challenges the trial court
s... of dismissing Ms. Simmons suit. Reversed and remanded for further proceedings consistent with
this opinion. PARKER, A.C.J., and BLUE, J., Concur.
186-CITE: 523 So.2d 164 Deborah HOLMES, individually, and Christine Lukas, as Personal Representative of
the Estate of Joan Lukas, deceased, Appellants, v. CARROLL AIR SYSTEMS, INC., and American Society
of Heating, Refrigerating and Air Conditioning Engineers, Inc., Appellees.
TEXT: DOWNEY, Judge. Appellants appeal from summary judgments entered against them and in favor
of...nt for Carroll Air and remand the cause for further proceedings vis-a-vis Carroll Air. WALDEN,
J., and SHARP, WINIFRED J., Associate Judge, concur.
187-CITE: 452 So.2d 971 Stewart REID, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. Reid was convicted of operating a motor vehicle while intoxicated and
causing.... Finding no merit in Reid s other contentions, we affirm the judgment and sentence
appealed from. AFFIRMED. ANSTEAD, C.J., and DELL, J., concur.
188-CITE: 656 So.2d 215 Robert SALAMA, etc., Appellant, v. Charles McGREGOR and Ploof Truck Lines, etc.,
Appellees.
TEXT: PER CURIAM. AFFIRMED. COBB and THOMPSON, JJ., concur. GRIFFIN, J., dissents with opinion.
...he only minority contained on the entire venire. Nevertheless, the Mitchell requirement is clear
and civil trial lawyers need to learn to follow it.
189-CITE: 736 So.2d 102 Gregory GRIFFITH, Appellant, v. BROWN & ROOT INDUSTRIAL SERVICE and Crawford &
Company, Appellees.
TEXT: PER CURIAM. In this workers compensation case, the claimant appeals, and the employer and
se...ts is affirmed. The award of continued medical treatment is reversed. AFFIRMED IN PART and
REVERSED IN PART. ERVIN, WOLF and WEBSTER, JJ., CONCUR.
190-CITE: 743 So.2d 92 Robert FIELDS, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, J. Fields was charged with first degree murder and burglary with an assault or
battery...in regard to the concealment count and remand for resentencing with a revised scoresheet.
REVERSED AND REMANDED. DAUKSCH and GOSHORN, JJ., concur.
191-CITE: 513 So.2d 262 Dianne GIBSON, Appellant Cross Appellee, v. David Lee CHANCE, Appellee Cross
Appellant.
TEXT: PER CURIAM. Dianne Gibson sued David Lee Chance for damages for injuries she allegedly
susta...d verdict was inappropriate and we reverse the judgment entered thereon. REVERSED AND
REMANDED FOR NEW TRIAL. DOWNEY, DELL and STONE, JJ., concur.
192-CITE: 696 So.2d 914 Charles Bradford HAMILTON, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. Charles Bradford Hamilton appeals his convictions for DUI manslaughter
an...onclude that the probative value of this testimony was outweighed by any prejudicial effect.
Affirmed. DANAHY, A.C.J., and THREADGILL, J., concur.
193-CITE: 482 So.2d 542 Patricia ALVAREZ, individually and as mother and next friend of Jason Jackson, a
minor, Appellant, v. The DADE COUNTY SCHOOL BOARD, Appellee.
TEXT: PER CURIAM. The two critical issues presented in this schoolground accident case were: one,
...of the directed verdict on these issues, we find it unnecessary to address appellant s other
points. Reversed and remanded for further proceedings.
194-CITE: 433 So.2d 48 LUMBERMENS MUTUAL CASUALTY COMPANY, Appellant, v. Gary M. STERN, Appellee.
TEXT: PER CURIAM. Lumbermens Mutual Casualty Company appeals a final declaratory decree entered
ag...ter a final declaratory decree finding no uninsured motorist coverage for the insured Gary M.
*50 Stern for the automobile accident involved herein.
195-CITE: 594 So.2d 830 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Melissa PATTERSON,
Appellee.
TEXT: PER CURIAM. This tragic bicyclist-motorist collision in or near the U.S. 1 tunnel beneath
Ne... appellee did not lay at the feet of appellant, based upon the competent evidence before it.
GLICKSTEIN, C.J., and WARNER and GARRETT, JJ., concur.
196-CITE: 572 So.2d 20 Glenn EVANS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant, Glenn Evans, appeals a conviction of attempted second degree
murd.... State, 559 So.2d 1246 (Fla. 4th DCA 1990.) Based on Hoffert we reverse. REVERSED AND
REMANDED. HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.
197-CITE: 744 So.2d 1163 DEPARTMENT OF CHILDREN & FAMILIES, f k a Department of HRS, and Division Of
Risk Management, Appellants, v. Edna MONROE, Appellee.
TEXT: BENTON, J. As successor to Edna Monroe s former employer, the Department of Children &
Famil...lated further proceedings, if necessary. Insofar as the order under review is appealable,
it is AFFIRMED. BARFIELD, C.J., and WEBSTER, J., CONCUR.
198-CITE: 572 So.2d 37 In re FORFEITURE OF 1987 VOLKSWAGON FOX 2-DOOR, WHITE IN COLOR, VIN
#9BWBA0303HP004179 FLA. TAG: CCM-01N.
TEXT: PER CURIAM. AFFIRMED. See In re Forfeiture of 1986 Rolls Royce, 564 So.2d 215 (Fla. 4th DCA
...equirement of being used to facilitate the commission of a crime, and, hence, subject to
forfeiture. See Duckham v. State, 478 So.2d 347 (Fla.1985).
199-CITE: 642 So.2d 1188 GTE and Kemper National Insurance, Appellants, v. Ivory MILLER, Appellee.
TEXT: KAHN, Judge. GTE and Kemper National Insurance (E C) challenge a workers compensation order
...C on factual issues supported by competent substantial evidence. Ullman, supra, 625 So.2d at
874. AFFIRMED. MICKLE and VAN NORTWICK, JJ., concur.
200-CITE: 494 So.2d 513 Joseph J. INCARDONA, as Personal Representative of the Estate of Margaret R.
Incardona, Deceased, Appellant, v. AUTO-OWNERS INSURANCE COMPANY, Appellee.
TEXT: CAMPBELL, Judge. This appeal presents the question of whether appellant s deceased daughter
...t coverage was a statutory requirement which could not be excluded by the policy terms. Reversed
and remanded. DANAHY, C.J., and HALL, J., concur.
201-CITE: 700 So.2d 1240 Blanton A. HARRIS, as personal representative of the Estate of Blanton Harris,
deceased, etc., Appellant, v. FLORIDA POWER & LIGHT CO., a Florida corporation, Appellee.
TEXT: PER CURIAM. The plaintiff below, Blanton A. Harris, as personal representative of the
Estate...d ed.1996); Charles W. Ehrhardt, Florida Evidence Section 407.1 (1997 Edition). The
remaining points raised by the plaintiff lack merit. Affirmed.
202-CITE: 575 So.2d 333 Willie M. PEARSON, Appellant, v. Carol GREGG, Appellee.
TEXT: PER CURIAM. Willie M. Pearson, the defendant below in a personal injury action arising from
...ranting the defense motion for directed verdict *334 on the issues of damages, and the award is
REVERSED. NIMMONS, BARFIELD and MINER, JJ., concur.
203-CITE: 661 So.2d 54 Scott Cameron HART, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Scott Cameron Hart has petitioned this court for certiorari review of an order
o...the order of the circuit court with instructions that the order of the county court be affirmed.
RYDER, A.C.J., and CAMPBELL and BLUE, JJ., concur.
204-CITE: 454 So.2d 69 James A. HANDY, Sr., Appellant Cross-appellee, v. GOLDEN GEM GROWERS, INC. and
Professional Administrators, Inc., Appellees Cross-appellants.
TEXT: MILLS, Judge. Handy, the claimant in this workers compensation action, appealed the deputy
c...irrelevant. That part of the order requiring the E C to pay for the claimant s emergency room
visits is reversed. BOOTH and BARFIELD, JJ., concur.
205-CITE: 445 So.2d 638 ALYCE D. McPHERSON SCHOOL and Division of Risk Management, Appellants, v.
Margaret ADKINS, Appellee.
TEXT: THOMPSON, Judge. The employer carrier (E C) appeal from a workers compensation order
awardin...ge, and attorney s fees is reversed. REVERSED and REMANDED with instructions to enter an
order denying the claim. SHIVERS and JOANOS, JJ., concur.
206-CITE: 596 So.2d 680 Charles HOPKINS, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION
and State of Florida, Division of Risk Management, Appellees.
TEXT: PER CURIAM. The claimant appeals a workers compensation order which determined his average
w...NDED to the judge of compensation claims for reconsideration of her calculations in light of our
holdings. ZEHMER, BARFIELD and ALLEN, JJ., concur.
207-CITE: 472 So.2d 842 INTEGON INDEMNITY COMPANY, a k a Integon Indemnity Corporation, Appellant, v.
Ronald TIPTON, Commercial Insurance Consultants, Inc., and Carlos K. Sutton, Appellees.
TEXT: PER CURIAM. Ronald Tipton obtained a default judgment for personal injuries in a negligence
...ssary to obtain a summary judgment. See Visingardi v. Tirone, 193 So.2d 601 (Fla.1966).
Reversed. GRIMES, A.C.J., and FRANK and HALL, JJ., concur.
208-CITE: 528 So.2d 1214 CITY OF FORT MEADE, Adjustco, Appellants, v. Jerald HICKMAN, Appellee.
TEXT: SHIVERS, Judge. The employer carrier (E C) in this case appeal the deputy commissioner s
(DC...past June 5, 1987 is reversed, and the matter remanded for the DC to enter an order consistent
with this opinion. MILLS and WIGGINTON, JJ., concur.
209-CITE: 681 So.2d 719 Earnest P. WESTLEY, Appellant, v. HUB CYCLES, INC., Appellee.
TEXT: PER CURIAM. Earnest P. Westley appeals the final judgment entered in favor of Hub Cycles,
In...tions. Accordingly, we vacate the order imposing sanctions. In all other respects, we affirm.
FRANK, A.C.J., and ALTENBERND and BLUE, JJ., concur.
210-CITE: 700 So.2d 439 Kim Vega MENDEZ, Appellant, v. JOHN CADDELL CONSTRUCTION CO., INC., et al.,
Appellees.
TEXT: PER CURIAM. Appellant, Kim Vega Mendez ( Mendez ) appeals an adverse final judgment entered
...etion requiring reversal and a new trial. This disposition renders it unnecessary to address the
remaining issues on appeal. Reversed and remanded.
211-CITE: 609 So.2d 132 Roni Wayne JACOBS, Appellant, v. VOLKER STEVIN CONSTRUCTION and American
International Adjustment Company, Appellees.
TEXT: WOLF, Judge. Jacobs (claimant) appeals from an order of the judge of compensation claims
(JC... proceedings concerning the stipulation, and further proceedings as to the entitlement of
benefits, if necessary. SMITH and WIGGINTON, JJ., concur.
212-CITE: 432 So.2d 797 Lonnie Edell CARTER, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Judge. The appellant, Lonnie Edell Carter, has appealed from an order denying
hi...onstitute a taking into custody sufficient to commence the running of the speedy trial rule.
Gagel v. Cornelius, 380 So.2d 1333 (Fla. 5th DCA 1980).
213-CITE: 449 So.2d 393 BURNUP & SIMS TELECOM, INC., Appellant, v. R.C. WHITE, Appellee.
TEXT: WENTWORTH, Judge. This is an appeal from an order finding that the claimant suffered a
compe...e to report is properly excused benefits should be denied if the employer was prejudiced by
the delay. Affirmed. ZEHMER and BARFIELD, JJ., concur.
214-CITE: 619 So.2d 399 Ricky MAHARAJ and Chandra Maharaj, Petitioners, v. Alexander GROSSMAN,
Respondent.
TEXT: KLEIN, Judge. We grant certiorari and order consolidation of three lawsuits arising out of
t...the efficient and proper administration of justice. We grant certiorari and quash the order
denying consolidation. ANSTEAD and POLEN, JJ., concur.
215-CITE: 438 So.2d 112 Nathaniel HIGGS and Dolores Higgs, his wife, Appellants, v. HOLLAND PAVING
COMPANY and Employers Insurance of Wausau, Appellees.
TEXT: PER CURIAM. Holland Paving Company, under a contract with the City of Miami, was
responsible...Accordingly, the summary judgment for Holland is reversed and the cause remanded to
the trial court for further proceedings. Reversed and remanded.
216-CITE: 551 So.2d 1264 MIKE S AUTO REPAIR and General Accident Group, Appellants, v. Robert W. GARES,
Appellee.
TEXT: SHIVERS, Chief Judge. The employer carrier (E C) in this workers compensation case appeal a
... or to modify the August 11, 1988 order in light of the new factual findings set out in the April
24, 1989 order. SMITH and WIGGINTON, JJ., concur.
217-CITE: 520 So.2d 600 Frank GOMEZ and CNA Insurance Company, Appellants, v. Elizabeth MURDOCH,
Appellee.
TEXT: SMITH, Chief Judge. Appellant, employer carrier (e c), seeks review of a workers
compensatio...at claimant was concurrently employed when injured for the purpose of calculating her
average weekly wage. AFFIRMED. MILLS and ERVIN, JJ., concur.
218-CITE: 510 So.2d 1110 Marianne SHORT and Donald Short, Appellants, v. Donald EHRLER and Gary Ehrler,
Appellees.
TEXT: LETTS, Judge. The question presented is whether the jury erred by returning a zero verdict
d...112 The Final Judgment is, therefore, reversed and this cause remanded for a new trial.
REVERSED AND REMANDED. GLICKSTEIN and STONE, JJ., concur.
219-CITE: 545 So.2d 337 CARNIVAL CRUISE LINES, INC., Appellant, v. Arliss CORBIN, Appellee.
TEXT: PER CURIAM. We have for review a final judgment entered pursuant to a jury verdict in favor
...al Cruise Lines, Inc., 633 F.Supp. 40 (S.D.Fla.), aff d, 808 F.2d 60 (11th Cir.1986). Finally, we
find no error in the jury instructions. Affirmed.
220-CITE: 512 So.2d 253 ARMELLINI EXPRESS LINES, INC. and Nationwide Mutual Insurance Company,
Appellants, v. SPECIAL DISABILITY TRUST FUND, Appellee.
TEXT: MILLS, Judge. This is a workers compensation appeal from an order denying the employer
carri...mes, 473 So.2d 8 (Fla. 1st DCA 1985). This is simply a case where the e c did not carry that
burden. AFFIRMED. SMITH, C.J., and MILLS, J., concur.
221-CITE: 520 So.2d 53 GREAT DANE TRAILERS and Alexsis, Inc., Appellants, v. Joseph D. CLARK, Appellee.
TEXT: WENTWORTH, Judge. Appellants, the employer carrier, seek review of a workers compensation
or...e entitlement to a credit for wage continuation payments, denial of the credit was proper. The
order is affirmed. NIMMONS and ZEHMER, JJ., concur.
222-CITE: 514 So.2d 404 STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, DIVISION OF
HIGHWAY PATROL, Appellant, v. Susan Ann KROPFF, Appellee.
TEXT: PER CURIAM. The issue in this appeal involves the proper construction of section
768.28(14),...r decision in Soldovere. Department of Transportation v. Soldovere, 500 So.2d 568
(Fla. 4th DCA 1987), rev. granted, No. 70,109 (Fla. June 9, 1987).
223-CITE: 490 So.2d 188 John FERRARO, Appellant, v. Robert MARR, Appellee.
TEXT: SCHEB, Acting Chief Judge. This is the second appearance of this case before this court. In
...avor. DANAHY and FRANK, JJ., concur. ------------ (FN1) We note, however, there was no disavowal
of the stipulation or tender of benefits received.
224-CITE: 431 So.2d 252 ST. VINCENT DE PAUL SOCIETY and Insurance Company of North America, Appellants,
v. William J. SMITH and Division of Workers Compensation, Appellees.
TEXT: MILLS, Judge. Smith suffered an on-the-job injury on 3 January 1981. The deputy
commissioner...per week was in fact a gratuity. Santiago v. Orr Industries, Inc., 407 So.2d 1026
(Fla. 1st DCA 1981). AFFIRMED. JOANOS and THOMPSON, JJ., concur.
225-CITE: 603 So.2d 653 UNION AMERICAN INSURANCE COMPANY, Appellant, v. Luis FERNANDEZ, Appellee.
TEXT: PER CURIAM. This is an appeal by the insurer Union American Insurance Company from a final
s.... Co., 508 So.2d 436 (Fla. 3d DCA 1987); Blue Cross Blue Shield of Fla., Inc. v. Mignolet, 475
So.2d 965 (Fla. 3d DCA 1985). Reversed and remanded.
226-CITE: 436 So.2d 1108 GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, LTD., Petitioner, v.
Scott GOLDING, Respondent.
TEXT: PER CURIAM. Petitioner seeks a writ of certiorari to review an order of the trial court,
rel...ections to provide sufficient limitations within the order to prohibit discovery of appellant
s work product. HURLEY, DELL and WALDEN, JJ., concur.
227-CITE: 743 So.2d 641 FORMING CONTRACTORS and Selective Insurance Company, Appellants, v. Fulgencio
CASTRO, Appellee.
TEXT: KAHN, J. This worker s compensation appeal comes to us from a JCC s award of prescription
an...ifficulty. Appellee offered no helpful evidence from *643 the surgeon who performed the 1989
procedure. REVERSED. BOOTH and BROWNING, JJ., CONCUR.
228-CITE: 668 So.2d 311 AIRSTAR, INC., d b a Air Control Systems Northeast and Michael Dean Cranford,
Appellants Cross-Appellees, v. Helen GUBBINS, Appellee Cross-Appellant.
TEXT: PER CURIAM. In this appeal and cross-appeal arising from a motor vehicle accident, the jury
...emonstrated. Reversed in part, affirmed in part, and remanded for treatment consistent with this
opinion. WARNER, FARMER and SHAHOOD, JJ., concur.
229-CITE: 457 So.2d 1114 Robert William MOTYKA, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. Motyka appeals from a sentence of 3 1 2 years in prison following conviction
f...provided: Victim injury shall not be scored if not a factor of an offense at conviction. Under
either version of the rule, our analysis is the same.
230-CITE: 529 So.2d 1154 Joseph E. WOLFE and Adita J. Wolfe, Appellants, v. GENCORP, INC., and General
Tire Service, Appellees.
TEXT: ZEHMER, Judge. Joseph and Adita Wolfe, the plaintiffs below, appeal a final judgment
rendere...is tire caused plaintiff s injuries became a matter for the jury to decide. REVERSED AND
REMANDED FOR A NEW TRIAL. MILLS and SHIVERS, JJ., concur.
231-CITE: 630 So.2d 1184 Ann S. RICE, Appellant, v. Nancy EVERETT and Gary Everett, her husband,
Appellees.
TEXT: HARRIS, Chief Judge. The issue on appeal is whether the trial court erred in granting a new
...trial judge abused his discretion in ordering a new trial. REVERSED and REMANDED to reinstate
the jury verdict. GRIFFIN and THOMPSON, JJ., concur.
232-CITE: 502 So.2d 497 Bonnie M. GELARO, as next friend and guardian of Thomas J. Gelaro, a minor,
Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Appellant, a minor, sought to recover from his mother s insurer under the
uninsu...urance Co. v. Boynton, 486 So.2d 552 (Fla.1986) and Hoffman v. Jones, 280 So.2d 431
(Fla.1973). AFFIRMED. SMITH, JOANOS and BARFIELD, JJ., concur.
233-CITE: 582 So.2d 35 Gary P. CRAIG, Appellant, v. GRAY S GUARD SERVICE and CNA Insurance Co.,
Appellees.
TEXT: JOANOS, Judge. Gary P. Craig has appealed an order of the judge of compensation claims
findi... Further evidence may be taken if necessary for the resolution of this issue. Reversed and
remanded with directions. BOOTH and ALLEN, JJ., concur.
234-CITE: 504 So.2d 521 Dwight David GODWIN, Appellant, v. The FELDSPAR CORPORATION, Appellee.
TEXT: PER CURIAM. AFFIRMED. UPCHURCH, C.J., and SHARP, J., concur. DAUKSCH, J., dissents with
op...All after the case was over. I would reverse for that error and because of the other procedural
errors which caused substantive damage to appellant.
235-CITE: 431 So.2d 298 Charles E. HENNEKE, et al., Appellants, v. JULIAN S PAINT AND BODY SHOP, INC.,
Ruth Land, Rudolph Kreft, and Auto-Owners Insurance Company, Appellees.
TEXT: WIGGINTON, Judge. Charles Henneke, plaintiff below, appeals from a jury verdict and final
ju...rial as to justify reversal. Causeway Marina, Inc. v. Mandel, 276 So.2d 71 (Fla. 3d DCA 1973).
ROBERT P. SMITH, Jr., C.J., and SHIVERS, J., concur.
236-CITE: 719 So.2d 938 Allen Dion FRANKLIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Allen Dion Franklin, appeals from convictions for DUI manslaughter
an...t s conviction for leaving the scene of an accident and to resentence appellant with a revised
scoresheet. ERVIN, JOANOS and LAWRENCE, JJ., concur.
237-CITE: 473 So.2d 787 Robert E. NEWELL, Appellant, v. SEABOARD CONTRACTORS and Claims Center,
Appellees.
TEXT: BOOTH, Chief Judge. This cause is before us on appeal from a workers compensation order
find...y period as March 20, 1983. It does not show claimant s actual earnings between March 20,
1983, and March 30, 1983, the date of claimant s accident.
238-CITE: 436 So.2d 1051 Joseph Earl DREISCH, Jr., a k a Joseph Dreisch, Appellant, v. The STATE of
Florida, Appellee.
TEXT: PER CURIAM. Rejecting the defendant s primary contentions on appeal from his convictions of
...edge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is
relevant solely to prove bad character or propensity.
239-CITE: 591 So.2d 907 PEOPLES RESTAURANT, Petitioner, v. Mary SABO, Respondent.
TEXT: OVERTON, Justice. This is a petition to review Sabo v. Shamrock Communications, Inc., 566
So... in Ellis, approve its decision in the instant case. It is so ordered. SHAW, C.J., and
McDONALD, BARKETT, GRIMES, KOGAN, and HARDING, JJ., concur.
240-CITE: 511 So.2d 665 Hugh McCOLLOUGH (Deceased), and Mary Lois McCollough (Survivor), Appellant, v.
RAES ENTERPRISES, d b a Jackson s TV & Appliance and Sentry Insurance Company, Appellees.
TEXT: SMITH, Chief Judge. Claimant seeks review of a workers compensation order denying her
reques...additional evidence, including the testimony of a court-appointed doctor if deemed
necessary. REVERSED and REMANDED. MILLS and ERVIN, JJ., concur.
241-CITE: 596 So.2d 1228 Guillermo FUENTES, Appellant, v. CARIBBEAN ELECTRIC and First Alliance
Insurance, Appellees.
TEXT: PER CURIAM. This cause is before us on appeal from an order denying workers compensation
ben...asonable explanation). Accordingly, the order is reversed and remanded for proceedings
consistent herewith. BOOTH, SHIVERS and MINER, JJ., concur.
242-CITE: 669 So.2d 1054 Jorge L. CONTRERAS and Celina Contreras, and Metropolitan Dade County,
Appellants, v. Lila MUNOZ, as personal representative of the Estate of Leonel Sanchez, a deceased
minor, and Lila Munoz, individually, Appellees.
TEXT: PER CURIAM. We find that the trial court properly denied the defendants , Metropolitan Dade
...dants, and the trial court properly denied their motions for directed verdict. The defendants
remaining points lack merit. Accordingly, we affirm.
243-CITE: 596 So.2d 515 Eliazar Juan OCHOA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Eliazar Juan Ochoa pled guilty to leaving the scene of an accident with injury
o...e, 584 So.2d 37 (Fla. 2d DCA 1991). We otherwise affirm. Affirmed but remand with directions.
SCHOONOVER, C.J., and DANAHY and FRANK, JJ., concur.
244-CITE: 564 So.2d 235 Joel T. GRIMES, Appellant, v. L.L. WATERS and Liberty Mutual Insurance Co.,
Appellees.
TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which various
ben...e date of claimant s accident, and the doctrine of estoppel thus does not apply. The order
appealed is affirmed. SMITH and WIGGINTON, JJ., concur.
245-CITE: 622 So.2d 594 PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant, v. Leonor PALMA,
Individually, and as Personal Representative of the Estate of Hernando Palma, Appellee.
TEXT: PER CURIAM. This is an appeal, brought by a defendant insurance company in a personal
injury...eversed and remanded with directions. ------------ (FN1) Approximately two years after the
accident, the insured s husband died of unrelated causes.
246-CITE: 468 So.2d 536 ALLSTATE INSURANCE COMPANY, Appellant, v. Clara P. PIERCE, Appellee.
TEXT: PER CURIAM. The final declaratory judgment under review is reversed and the cause is
remande...es Automobile Association, 300 So.2d 3 (Fla.1974); Aetna Casualty & Surety Co. v. Enright,
258 So.2d 472 (Fla. 3d DCA 1972). Reversed and remanded.
247-CITE: 444 So.2d 1145 JET COAT EMULTIONS and United States Fidelity & Guaranty Company, Appellants,
v. Douglas LITTELL and Division of Workers Compensation, Appellees.
TEXT: MILLS, Judge. The employer and carrier (E C) in this workers compensation appeal contest
the...bstantial evidence, and the award of TPD benefits was proper. AFFIRMED. WENTWORTH, J., and
McCORD, GUYTE P., Jr., (Ret.), Associate Judge, concur.
248-CITE: 693 So.2d 118 Ryan Paul WHITEAKER, a minor, By and Through his parents and Natural Guardian,
Stacy Parker, and Stacy Parker, Individually, Appellants, v. Don GILREATH, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellants challenge the summary judgment entered in favor of
...Knight v. Roberts RV Resort, 671 So.2d 298 (Fla. 2d DCA 1996). Reversed and remanded for further
proceedings. SCHOONOVER and WHATLEY, JJ., concur.
249-CITE: 599 So.2d 229 Fidelia ALEXANDER, Appellant Cross-Appellee, v. BIRD ROAD RANCH & STABLES, INC.,
a Florida corporation, Florida Environmental Land Corporation, a Florida corporation, Melvyn
Kellser, William Levy James A. Molans, Leonard Levy and Silvia Levy, Trustees of Bird Road Ranch &
Stables, Inc., a Dissolved Florida corp. and Bird Road Ranch & Stables, Inc., a Dissolved Florida
corp., Appellees Cross-Appellants.
TEXT: PER CURIAM. Fidelia Alexander, a doctor of veterinary medicine, filed an action against
Bird...the horse. (FN2) The investigator s testimony that the horse was a gelding and exhibited mild
behavior was inconsistent with the owner s admissions.
250-CITE: 637 So.2d 315 ROLEMCO ELECTRICAL CONTRACTING and State Auto Mutual Insurance Company,
Appellants, v. Ramon SELLERS, Appellee.
TEXT: PER CURIAM. Appellants Rolemco Electrical Contracting (employer) and State Auto Mutual
Insur...pensable accident, we note that the alcoholism defense upon which the e c presently relies
has been continuously available for at least fifty years.
251-CITE: 745 So.2d 1152 Xiang Jun CHENG, Appellant, v. Uthai SIRICHOKE, Appellee.
TEXT: FLETCHER, Judge. Xiang Jun Cheng appeals from a final order granting Uthai Sirichoke s
motio...183 (Fla.1988). Accordingly, we reverse the trial court s order granting summary judgment
in favor of Sirichoke and remand for further proceedings.
252-CITE: 554 So.2d 26 Samuel Patrick O HARA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. O Hara appeals his conviction and sentence for DUI manslaughter. He contends
tha...s decision to grant the state s motion in limine excluding the issue of causation and remand
for a new trial. SMITH, ZEHMER and MINER, JJ., concur.
253-CITE: 495 So.2d 892 DAIRYLAND INSURANCE COMPANY, Appellant, v. Pauline KRIZ, Appellee.
TEXT: BARFIELD, Judge. Dairyland Insurance Company (Dairyland) appeals an award of uninsured
motor...of California, 465 So.2d 1307 (Fla. 1st DCA 1985). The judgment awarding uninsured motorist
benefits is REVERSED. ERVIN and WIGGINTON, JJ., concur.
254-CITE: 528 So.2d 470 DORAL BEACH HOTEL and Professional Administrators, Appellants, v. Julia SANCHEZ,
Appellee.
TEXT: WIGGINTON, Judge. We affirm the deputy commissioner s order finding claimant s
thrombophlebi...recovered from the thrombophlebitis with no permanent impairment. Accordingly, we
strike that portion of the order. MILLS AND SHIVERS, JJ., concur.
255-CITE: 438 So.2d 1002 Wayne HURLEY, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.,
Appellee.
TEXT: CAMPBELL, Judge. The appellant, Wayne Hurley, appeals from a final judgment on the
pleadings...torist coverage of Robert *1004 Hurley. Accordingly, we affirm the judgment of the trial
court. AFFIRMED. BOARDMAN, A.C.J., and RYDER, J., concur.
256-CITE: 534 So.2d 773 Zoltan FISCHER, as Personal Representative for the Estate of Iboyla Fischer,
deceased, Appellant, v. WINSTON TOWERS, etc., Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiff from an adverse final summary judgment
entere...rison-Knudsen, Co., 222 So.2d 445, 447 (Fla. 4th DCA 1969); Rauschbaum v. Goldstein, 204
So.2d 897, 898 (Fla. 4th DCA 1967). Reversed and remanded.
257-CITE: 557 So.2d 632 Ana TARIN and her husband, Fernando Tarin, Appellants, v. CITY NATIONAL BANK OF
MIAMI as Trustee under Land Trust 5392-1, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiffs Ana Tarin and her husband Fernando Tarin
fro...f liability and comparative negligence, but reversed and remanded for a new trial on the issue
of damages only. Affirmed in part; reversed in part.
258-CITE: 714 So.2d 674 Patricia ROGERS, Appellant, v. Antoinette L. MORINI and Quinto Morini, et al.,
Appellee.
TEXT: PER CURIAM. Patricia Rogers sued Antoinette and Quinto Morini seeking damages for injuries
s...he was permanently injured; therefore, the jury s verdict is supported by the evidence.
AFFIRMED. GRIFFIN, C.J., and COBB and ANTOON, JJ., concur.
259-CITE: 723 So.2d 324 STATE of Florida, Petitioner, v. Scott HEMMERLY, Respondent.
TEXT: ANTOON, J. The state petitions this court to issue a writ of certiorari quashing the
circuit... when the offense has been committed in his presence. Petition for Writ of Certiorari
GRANTED; decision QUASHED. GOSHORN and THOMPSON, JJ, concur.
260-CITE: 520 So.2d 612 WALT DISNEY WORLD COMPANY, Appellant, v. Betty BARNUM, Appellee.
TEXT: PER CURIAM. Walt Disney World Company appeals an order of the deputy commissioner finding
th...ortly after her injury was explained by her: I didn t get to see Dr. Mozingo because he charged
sixty dollars and I didn t have no income coming in.
261-CITE: 735 So.2d 605 Joseph Eugene THURMAN, Appellant, v. Shirley B. MISTOVICH, Appellee.
TEXT: LAWRENCE, J. Joseph Eugene Thurman (Thurman) appeals the order and judgment of the trial
*60...acate the judgment assessing costs in favor of Mistovich, and enter a judgment assessing costs
in favor of Thurman. MINER and WEBSTER, JJ., CONCUR.
262-CITE: 561 So.2d 1194 George GARCIA, et al., Appellants, v. METROPOLITAN DADE COUNTY, and Dade County
School Board, Appellees.
TEXT: PER CURIAM. We affirm the final summary judgments in favor of Metropolitan Dade County and
D.... Finding our decision on this issue dispositive of our resolution of the case, we decline to
address the ot