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 Appellant s probation was revoked for failure to file a monthly report with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 other issues raised on appeal. Affirmed.
263-CITE: 431 So.2d 1039 BELLEFONTE INSURANCE COMPANY, a foreign corporation, and Martin County Board of
Public Instruction, Appellants, v. Albert James QUEEN, Sr., and Joyce Still, as parents and natural
guardians of Albert James Queen, Jr., deceased, Appellees.
TEXT: LETTS, Chief Judge. This controversy centers around the tragic death of a child on a
crosswa...2d 15 (Fla. 4th DCA 1978). REVERSED AND REMANDED WITH INSTRUCTIONS TO ENTER FINAL
JUDGMENT IN ACCORDANCE HEREWITH. DOWNEY and WALDEN, JJ., concur.
264-CITE: 726 So.2d 856 Ronald FLEAGLE, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. Ronald Fleagle, the insured, appeals from an order of final summary judgment
det...e dog that was riding in back of pickup truck bit passenger who had just exited from that
truck; truck was merely situs of injury). I would affirm.
265-CITE: 695 So.2d 686 STATE of Florida, Petitioner, v. Burt MARSHALL, Respondent.
TEXT: PER CURIAM. We review State v. Marshall, 695 So.2d 719 (Fla. 3d DCA 1996), in which the
cour...nion as our own, and disapprove State v. Riley. It is so ordered. KOGAN, C.J., and OVERTON,
SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
266-CITE: 695 So.2d 494 Shawn L. SANDERS, United Automobile Insurance Company, Gwendolyn L. Abraham,
Avis Rent-A-Car Systems, Inc., Appellants, v. MID-CENTURY INSURANCE COMPANY, Appellee.
TEXT: WOLF, Judge. This is an appeal from a final declaratory judgment determining that no
coverag...6, 38-39 (Fla. 1st DCA 1966), *496 We, therefore, reverse and remand for entry of a
judgment in favor of appellant. BOOTH and JOANOS, JJ., concur.
267-CITE: 689 So.2d 1122 TEREX CORPORATION, Koehring Cranes, etc., Appellants, v. Michael T. BELL and
Laurie Bell, his wife, Appellees.
TEXT: DAUKSCH, Judge. Appellant, Terex Corporation, Koehring Cranes, timely appeals an amended
fin...d Aluminum Corp. v. Braun, 447 So.2d 391 (Fla. 4th DCA), rev. den., 455 So.2d 1033 (Fla.1984).
REVERSED and REMANDED COBB and HARRIS, JJ., concur.
268-CITE: 599 So.2d 263 Sebastian SAMMARTINO, Individually and as Husband, and Sebastian Sammartino, as
guardian of Eleanor Sammartino, incompetent, Appellant, v. Loretta K. BUTT-BAKER, Jackie D.
Armstrong, and VSM Trucking, Inc., Appellees.
TEXT: FRANK, Judge. In this automobile negligence action the trial judge granted summary judgment
...llision with the Sammartino vehicle. We reverse the summary judgment and remand for further
proceedings. RYDER, A.C.J., and PATTERSON, J., concur.
269-CITE: 456 So.2d 948 James MOYE and Betty Moye, his wife, and Florida Machinery Corporation,
Appellants, v. GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION, LTD., a foreign corporation,
Appellee.
TEXT: PER CURIAM. The Petition for Declaratory Relief in this case raised a single issue of
insura...he record reveals that genuine issues of material fact existed so as to preclude summary
judgment. Affirmed in part, reversed in part and remanded.
270-CITE: 528 So.2d 1202 Irene LORD, Appellant, v. Rose GOLD, Appellee.
TEXT: DOWNEY, Judge. Appellant, Irene Lord, appeals from a final summary judgment in favor of
appe...ry of summary judgment was inappropriate and is hereby reversed and the cause is remanded for
further proceedings. WALDEN and GUNTHER, JJ., concur.
271-CITE: 449 So.2d 311 Jean L. BEAUPRE, etc., Appellant, v. Casper Paul TESTA, et al., Appellees.
TEXT: PER CURIAM. Appellant appeals the trial court s order dismissing as party defendants,
appell... give appellant s requested instruction was not error. Reversed and remanded for a new
trial. HOBSON, A.C.J., and SCHEB and CAMPBELL, JJ., concur.
272-CITE: 592 So.2d 388 WILDWOOD HEALTH CARE, INC. and Johns Eastern Company, Appellants, v. Gladys
STOUT, Appellee.
TEXT: WIGGINTON, Judge. Appellants, employer carrier, appeal the judge of compensation claims
dete...ered and removed. The record reflects that employer carrier has offered to cover those
medical expenses. REVERSED. BARFIELD and WOLF, JJ., concur.
273-CITE: 506 So.2d 92 FIDELITY & CASUALTY COMPANY OF NEW YORK, a foreign corporation, Appellant, v.
Susan STREICHER, Appellee.
TEXT: DANAHY, Chief Judge. The appellee (the plaintiff) was injured in an automobile accident on
M...the plaintiff and remand with directions to enter final judgment for Fidelity. Reversed and
remanded with directions. FRANK and HALL, JJ., concur.
274-CITE: 481 So.2d 69 DEPARTMENT OF TRANSPORTATION, Appellant, v. Earl CHARLES, Appellee.
TEXT: WENTWORTH, Judge. The appellant employer, Florida Department of Transportation, contends
tha...isk or special hazard of serious injury. Therefore, the claimant s accident of March 30,
1984, occurred in the course and scope of his employment.
275-CITE: 647 So.2d 270 Florence HICKEY, Petitioner, v. POMPANO K OF C, INC., et al., Respondent.
TEXT: KLEIN, Judge. Plaintiff petitioner seeks certiorari review of an order severing her trial
ag...nsistent verdicts may have been overly broad. We therefore grant certiorari and quash the
order of severance. DELL, C.J., and GUNTHER, J., concur.
276-CITE: 734 So.2d 1105 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: FULMER, Judge. In this personal injury action, Ryan Whiteaker and his mother Stacy Parker
ap...nt. Accordingly, we reverse the final judgment and remand for further proceedings. Reversed
and remanded. PARKER, C.J., and SALCINES, J., Concur.
277-CITE: 608 So.2d 508 Donna THORNTON, Appellant, v. STEINER PRODUCTS, LTD., Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiff Donna Thornton from an adverse final summary
...v. American Export Isbrandtsen Lines, Inc., 475 F.2d 165 (2d Cir.1973); Castro v. Moore-McCormack
Lines, Inc., 325 F.2d 72 (2d Cir.1963). Affirmed.
278-CITE: 506 So.2d 1122 TEITELBAUM CONCRETE, and Crawford & Company, Appellants, v. Mark SANDELIER,
Appellee.
TEXT: NIMMONS, Judge. The employer carrier (e c) appeals from an order awarding TTD and TPD
benefi...ant and find them to bo without merit. The order appealed is AFFIRMED in part, REVERSED in
part, and REMANDED. BOOTH, C.J., and JOANOS, J., concur.
279-CITE: 680 So.2d 453 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, and its Division of Florida
Highway Patrol, Appellant, v. Terry R. McINTYRE, Appellee.
TEXT: PER CURIAM. The Florida Highway Patrol (FHP) appeals a temporary restraining order (TRO)
and...FHP seeking to interview Captain McIntyre with respect to matters which FHP establishes are
job-related. MINER, WOLF and VAN NORTWICK, JJ., concur.
280-CITE: 467 So.2d 1056 Kenneth O BRIEN and Allstate Insurance Co., Appellants, v. Jesus ORTIZ and
Julia Ortiz, Appellees.
TEXT: PER CURIAM. Appellants seek review of a final judgment for the plaintiffs. The judgment was
...tiffs, order a new trial. Reversed and remanded with directions. BARKDULL and BASKIN, JJ.,
concur. DANIEL S. PEARSON, J., concurs in result only.
281-CITE: 655 So.2d 1139 Willard M. LONGSHORE, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Judge. On October 9, 1993, appellant, William M. Longshore [ Longshore ], was
opera...See Section 775.089(1)(a), Fla.Stat. (1993). I would affirm the imposition of restitution as
a condition of probation. For these reasons, I dissent.
282-CITE: 453 So.2d 912 C.A. MEYER PAVING & CONSTRUCTION and Travelers Insurance Company, Appellants, v.
Billy Lee McFALLS (Deceased) by Surviving Widow, Delores McFALLS, Appellee.
TEXT: JOANOS, Judge. C.A. Meyer Paving and Construction (Meyer) and The Travelers Insurance
Compan...d be required to reach a .196% blood alcohol content. Accordingly, the deputy commissioner
s order is REVERSED. SHIVERS and THOMPSON, JJ., concur.
283-CITE: 504 So.2d 491 Ana Isabel ZUNIGA, Appellant, v. METROPOLITAN DADE COUNTY, Appellee.
TEXT: PER CURIAM. We affirm the summary judgment in favor of Metropolitan Dade County upon a
holdi...ow any like malfunction before the accident, there is no genuine issue of material fact as
to the County s actual or constructive notice. Affirmed.
284-CITE: 652 So.2d 1207 Frank DE RUSSO, Appellant, v. CITY OF FORT LAUDERDALE, Appellee.
TEXT: PER CURIAM. Claimant Frank De Russo (De Russo) appeals from a workers compensation order,
in...d affirm these issues without discussion. Accordingly, we AFFIRM in part, and REVERSE and
REMAND in part. MINER, LAWRENCE and BENTON, JJ., concur.
285-CITE: 695 So.2d 786 Joseph STANIFER, Appellant, v. LYNNE PRECAST, INC., and National American
Insurance Company, Appellees.
TEXT: ERVIN, Judge. In this workers compensation appeal, claimant, Joseph Stanifer, contends the
j...n regard to both issues if he believes it would be helpful in reaching an informed decision.
REVERSED and REMANDED. DAVIS and BENTON, JJ., concur.
286-CITE: 642 So.2d 603 ATLAS VAN LINES and Alexsis, Inc., Appellants, v. Charles JACKSON and Inland
Construction Company and CNA Insurance, Appellees.
TEXT: BENTON, Judge. In this workers compensation case, Atlas Van Lines (Atlas) and Alexsis,
Inc.,...t is without merit. See Horton v. Martin Memorial Hosp., 610 So.2d 1352 (Fla. 1st DCA 1992).
REVERSED and REMANDED. BOOTH and MICKLE, JJ., concur.
287-CITE: 557 So.2d 896 Concetta Baio SEVERINI, Appellant, v. PAN AMERICAN BEAUTY SCHOOL, INC. and
Travelers Insurance Company, Appellees.
TEXT: ZEHMER, Judge. Concetto Baio Severini appeals a final order denying her workers
compensation...fore, be reverse and the cause remanded for further proceedings consistent herewith.
REVERSED AND REMANDED. SHIVERS, C.J., and JOANOS, J., concur.
288-CITE: 745 So.2d 571 Tracy ARAUJO, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: GRIFFIN, J. Appellant, Tracy Araujo, seeks review of the order of the Unemployment Appeals
C...icy or of the incident for us to evaluate the nexus question. Accordingly, we are bound to
affirm. AFFIRMED. ANTOON, C.J., and HARRIS, J., concur.
289-CITE: 454 So.2d 745 DON HARRIS PLUMBING COMPANY, INC. and New Hampshire Insurance Company,
Appellants, v. John N. HENDERSON, Appellee.
TEXT: MILLS, Judge. Don Harris Plumbing Company, Inc. and New Hampshire Insurance Company (E C)
ap...tly is not preserved for review by this court. See Sunland Hospital v. Garrett, 415 So.2d 783
(Fla. 1st DCA 1982). BOOTH and BARFIELD, JJ., concur.
290-CITE: 494 So.2d 295 Meir RAN, Appellant, v. Moe BROWARNIK, Appellee.
TEXT: PER CURIAM. Affirmed on authority of McKibben v. Zamora, 358 So.2d 866 (Fla. 3d DCA 1978).
*...February, 1986. I share the trial court s concern that the result may not be fair, but I agree
that the prior opinion of this court is controlling.
291-CITE: 675 So.2d 625 Shawn GEARY, Appellant, v. STATE of Florida, Appellee.
TEXT: FULMER, Judge. The defendant appeals his convictions and sentences for second degree grand
t...ing in accordance with this opinion. Affirmed in part, reversed in part and remanded for
resentencing. DANAHY, A.C.J., and ALTENBERND, J., concur.
292-CITE: 488 So.2d 871 CITY OF FERNANDINA BEACH and Peninsular Fire Insurance Company, Appellants, v.
SCHOOL BOARD OF NASSAU COUNTY and American Guaranty and Liability, Appellees.
TEXT: BARFIELD, Judge. Appellants assert that section 440.15(5), Florida Statutes (1979), as
inter... section 440.15(5) does not bar apportionment of benefits in liability disputes between two
carriers, is AFFIRMED. NIMMONS and ZEHMER, JJ., concur.
293-CITE: 698 So.2d 363 Jeffrey P. PINGEL, Appellant, v. McDONALD S RESTAURANTS OF FLORIDA, INC.,
Appellee.
TEXT: PER CURIAM. We reverse the summary judgment entered in this slip and fall case. The issue
in...ican Druggists Ins. Co., 450 So.2d 540, 544 (Fla. 2d DCA 1984). Reversed. WARNER and FARMER,
JJ., and DONNER, AMY STEELE, Associate Judge, concur.
294-CITE: 674 So.2d 181 LA PETITE ACADEMY, INC., Appellant, v. Paul V. NASSEF, II, a minor, By and
Through Gwen Alison KNIPPEL, as natural parent and next friend; and Gwen Alison Knippel,
individually, Appellees.
TEXT: CAMPBELL, Judge. Appellant, La Petite, challenges the partial summary judgment entered
again... supervision. Teachers and schools are not insurers of their students safety. Accordingly,
we reverse. DANAHY, A.C.J., and SCHOONOVER, J., concur.
295-CITE: 657 So.2d 1246 S.G.K., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. S.G.K. appeals from an order finding him in violation of section 843.02,
Florida... a conviction for resisting without violence. Harris v. State, 647 So.2d at 209.
Accordingly, we REVERSE. BOOTH, JOANOS and LAWRENCE, JJ., concur.
296-CITE: 720 So.2d 301 E-Z SERVE CONVENIENCE STORES, INC. and AIG Claims Services, Inc., Appellants, v.
Luthene C. PAUL, Appellee.
TEXT: BENTON, Judge. Luthene C. Paul s employer, E-Z Serve Convenience Stores, Inc. (E-Z), and
AIG...96 So.2d 390, 390 (Fla. 1st DCA 1997). See State v. Arroyo, 422 So.2d 50, 51 (Fla. 3d DCA
1982). Reversed. VAN NORTWICK and PADOVANO, JJ., concur.
297-CITE: 559 So.2d 1244 Mary MATHIEU, Appellant, v. Gerald SCHNITZER and Patricia Schnitzer, his wife,
Appellees.
TEXT: POLEN, Judge. Appellant was struck by a white Saab as she crossed the street at
approximatel... So.2d 1241 (Fla.1987). Accordingly, we reverse both points on appeal and remand to
the trial court for a new trial. STONE and WARNER, JJ., concur.
298-CITE: 655 So.2d 1305 Jerry M. PRUITT, Appellant, v. LOTSPEICH CO. OF FLORIDA, INC. and Feisco,
Appellees.
TEXT: ALLEN, J. The claimant challenges an order by which the judge of compensation claims denied
... days immediately preceding the injury. Accordingly, the order is reversed and the case is
remanded. BARFIELD, J., and SMITH, Senior Judge, concur.
299-CITE: 544 So.2d 1124 Allyson DUFF, Jean W. Duff, and William M. Duff, Appellants, v. Santiago
VAZQUEZ and B.A.C.H. Enterprises, Inc., d b a Bach Discount Jewelers, Appellees.
TEXT: LEVY, Judge. The corporate defendant [Defendant] owns two stores in South Florida, one in
th...rs that the trial court was eminently correct in granting Defendant s motion for summary
judgment. Accordingly, the judgment is affirmed. Affirmed.
300-CITE: 457 So.2d 576 CERTIFIED GROCERS and Corporate Group Service, Inc., Appellants, v. Phillip W.
HAGEN, Appellee.
TEXT: SMITH, Judge. This appeal raises two interrelated questions: whether claimant s accident
occ...of attorney s fees to claimant for this appeal. AFFIRMED in part, REVERSED in part, and
REMANDED with directions. BOOTH and THOMPSON, JJ., concur.
301-CITE: 631 So.2d 1102 Stewart VESPI and Faye Vespi, his wife, Appellants, v. Donald DRIGGERS and
Bonnie Driggers, his wife, Appellees.
TEXT: PER CURIAM. In this negligence action, we reverse the summary final judgment that the trial
...ligently secured or maintained. 160 So.2d at 167. Reversed and remanded. PARKER, A.C.J., BLUE,
J., and ADAMS, Durand, J., Associate Judge, concur.
302-CITE: 701 So.2d 1192 Harry A. GAINES, Appellant, v. AMERISURE INSURANCE COMPANY, Appellee.
TEXT: NESBITT, Judge. Harry A. Gaines, plaintiff below, prevailed against his insurer, Amerisure
I... push-ups. Further, there was expert testimony that the injury incurred in the accident
accelerated the arthritic degeneration of Gaines s shoulder.
303-CITE: 509 So.2d 377 R.E. DAILEY COMPANY and CNA Insurance Company, Appellants, v. Donald DORMAN,
Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order awarding
tem...reconsider the award of benefits during the time claimant received benefits from another
carrier. BOOTH, C.J., and JOANOS and NIMMONS, JJ., concur.
304-CITE: 442 So.2d 288 KENT INSURANCE COMPANY, Jarasha Corporation, Murray Berkowitz, Shirley
Berkowitz, his wife, Abbey Berkowitz and Robin Berkowitz, d b a the Shore Club, and Simcha, Inc.,
Appellants, v. Ronnie HILL, Appellee.
TEXT: PER CURIAM. The defendants appeal a final judgment rendered in favor of the plaintiff upon
a...381 (Fla.1981); Baptist Memorial Hospital, Inc. v. Bell, 384 So.2d 145 (Fla.1980); Thompson v.
Jacobs, 314 So.2d 797 (Fla. 1st DCA 1975). Affirmed.
305-CITE: 493 So.2d 32 GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, Appellant, v. Andrea Faye TAPLIS,
as Personal Representative of the Estate of Erick Maurice Taplis, Deceased; James Taplis and Cassie
Taplis, his wife, Appellees.
TEXT: COBB, Judge. The issue in this case is whether the release of a tortfeasor by the
claimants,...termining that the appellees had met their burden of demonstrating a lack of prejudice
to the insurer. REVERSED. ORFINGER and COWART, JJ., concur.
306-CITE: 601 So.2d 1285 Ben MEADOWS, Jr., Appellant, v. PROGRESSIVE CASUALTY INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. This is the appeal of a summary final judgment denying appellant s claim for
uni...---------- (FN2) Section 627.727(1), -.727(3)(b), Fla.Stat. (1987). (FN3) Which it defines as
one for which no liability bond or policy applies. . .
307-CITE: 736 So.2d 1240 Jacques M. JEAN, Appellant, v. Fred THEODORSEN, and Helena Theodorsen,
Appellees.
TEXT: PER CURIAM. The trial court erred in striking the entire testimony of plaintiff s expert.
Th...t effects to the injury. LoBue v. Travelers Ins. Co., 388 So.2d 1349, 1351 (Fla. 4th DCA 1980).
AFFIRMED. GUNTHER, GROSS and HAZOURI, JJ., concur.
308-CITE: 465 So.2d 650 FUCHS BAKING COMPANY and Employers Service Corporation, Appellants, v. Johnny
WORLEY, Appellee.
TEXT: MILLS, Judge. Fuchs Baking Company and Employers Service Corporation (E C) appeal from an
or... order which denied *652 credit to the E C for voluntary compensation payments. In all other
respects, we affirm. JOANOS and BARFIELD, JJ., concur.
309-CITE: 585 So.2d 317 Herman A. SPANAGEL and Elizabeth Spanagel, Appellants, v. Richard P. LOVE, Jr.,
et al., Appellees.
TEXT: PETERSON, Judge. This is an appeal of the denial of Herman A. Spanagel s motion for new
tria...vacate the final judgment, and remand for new trial. REVERSED and REMANDED for new trial.
COWART, J., and ANTOON, J., II, Associate Judge, concur.
310-CITE: 636 So.2d 185 Irene SOKOLOFF, Appellant, v. The TRAVELERS INDEMNITY COMPANY, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiff Irene Sokoloff from an adverse final summary
...4 (Fla. 3d DCA 1990); Gulfstar, Inc. v. Advance Mortgage Corp., 376 So.2d 243 (Fla. 3d DCA 1979),
cert. denied, 386 So.2d 633 (Fla.1990). Affirmed.
311-CITE: 668 So.2d 230 Nettie BELLAMY, Appellant, v. HI-STAT MANUFACTURING CO., INC. and Florida
Preferred Risk, Appellees.
TEXT: DAVIS, Judge. The claimant, Nettie Bellamy, appeals an order of the Judge of Compensation
Cl... is affirmed in part and reversed in part, and remanded for the JCC to reconsider Dr. King s
testimony. ALLEN, J., and SMITH, Senior Judge, concur.
312-CITE: 570 So.2d 365 Karla RODRIGUEZ, Appellant, v. AMERICAN UNITED INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. We reverse the summary final judgment entered in favor of the insurer based on
t...ccident that her vehicle was not in fact fully covered as she intended. Reversed and remanded
for further proceedings consistent with this opinion.
313-CITE: 605 So.2d 585 ACCURATE REPORTERS and Federated Insurance Company, Appellants, v. Teresa MOORE,
Appellee.
TEXT: PER CURIAM. Employer Carrier (E C) appeal the order of the Judge of Compensation Claims
(JCC...en the work-related accident and Claimant s TMJ condition. AFFIRMED in part, REVERSED and
REMANDED in part. SHIVERS, ZEHMER and KAHN, JJ., concur.
314-CITE: 461 So.2d 279 HOLDER CONSTRUCTION CO. & Travelers Insurance Co., Appellants, v. Charles SAMUEL
& Gulf Constructors International & Michigan Mutual Ins. Co., Appellees.
TEXT: WENTWORTH, Judge. Holder Construction and Travelers Insurance appeal a workers compensation
... responsible for claimant s compensable medical treatment and disability benefits. The order
appealed is affirmed. MILLS and SHIVERS, JJ., concur.
315-CITE: 687 So.2d 1372 MELLON SECURITY & SOUND and PCA Solutions, Inc., Appellants, v. Harry CUSTER,
Appellee.
TEXT: BARFIELD, Chief Judge. The employer and carrier (E C) appeal a workers compensation order
aw...e claimant has met his burden of proof in establishing compensability of both the neck and back
conditions. AFFIRMED. KAHN and DAVIS, JJ., concur.
316-CITE: 667 So.2d 297 Ricky DAVIS, Appellant, v. MARION COUNTY and Crawford & Company, Appellees.
TEXT: BARFIELD, Judge. The claimant appeals a workers compensation order in which the judge of
com...il claimant attends the IME(s), but we find no authority for her denying future benefits on
this basis. KAHN, J. and SHIVERS, Senior Judge, concur.
317-CITE: 704 So.2d 1102 Mark BLACKMAN, Appellant, v. STATE of Florida, DEPARTMENT OF REVENUE, Appellee.
TEXT: PER CURIAM. Appellant contends the trial court erred in finding that he has the ability to
c...----- (FN1) Contrary to appellee s apparent belief, the record does contain a transcript of the
hearing at which the lien was requested and imposed.
318-CITE: 485 So.2d 20 Wallace C. WILSON, Appellant Cross-Appellee, v. Geraldine K. WILSON, Appellee
Cross-Appellant.
TEXT: FRANK, Judge. This appeal involves the construction of a document entitled Separation And
Pr...d accident coverage; we remand for the entry of an order reinstating the wife s entitlement to
such coverage. GRIMES, A.C.J., and HALL, J., concur.
319-CITE: 644 So.2d 595 WALT DISNEY WORLD CO., self-insured, Appellant, v. Deborah Ann MILLER, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from an order of the judge of compensation
cla...Accordingly, the order below is REVERSED and the cause is REMANDED for further proceedings
consistent herewith. BOOTH, MINER and KAHN, JJ., concur.
320-CITE: 653 So.2d 1140 BAYFRONT MEDICAL CENTER and Commercial Risk Management, Appellants, v. Peter
HARDING, Appellee.
TEXT: WENTWORTH, Senior Judge. The Employer Servicing Agent seek review of the judge of
compensati... that Claimant s trip did not remove him from the course and scope of his employment,
the order appealed is affirmed. ALLEN and DAVIS, JJ., concur.
321-CITE: 498 So.2d 1033 SUSAN LOVERINGS FIGURE SALON and Aetna Life & Casualty, Appellants, v. Trisha
McRORIE, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order finding
appe...no competent, substantial evidence in support thereof. Accordingly, we reverse the order
below. BOOTH, C.J., and MILLS and WENTWORTH, JJ., concur.
322-CITE: 498 So.2d 516 TALISMAN SUGAR CORPORATION and Liberty Mutual Insurance Company, Appellants, v.
Ramon JAIME, Appellee.
TEXT: MILLS, Judge. This is a consolidated workers compensation appeal from two separate orders
in...date. Accordingly, we reverse both orders on appeal and remand for a hearing de novo in Palm
Beach County. BOOTH, C.J., and WENTWORTH, J., concur.
323-CITE: 466 So.2d 1263 GREATER MIAMI ACADEMY and Crawford and Company, Appellants, v. Constance Ann
BLUM, Appellee.
TEXT: MILLS, Judge. Greater Miami Academy and Crawford and Company appeal from a workers
compensat... of the accident. We should, therefore, not retry the claim but affirm the order.
Swanigan v. Dobbs House, 442 So.2d 1026, 1027 (Fla. 1st DCA 1983).
324-CITE: 561 So.2d 1294 CITY OF FORT LAUDERDALE, Appellant, v. Estelle ABRAMS, Appellee.
TEXT: SMITH, Judge. In this appeal, the City of Fort Lauderdale (City) challenges a workers
compen...(Fla. 5th DCA), rev. den., 531 So.2d 1354 (Fla.1988). The order of compensation is
REVERSED in its entirety. WENTWORTH and WIGGINTON, JJ., concur.
325-CITE: 433 So.2d 1299 LUMBERMENS MUTUAL CASUALTY COMPANY, Appellants, v. Loyce LESLEY, as Personal
Representative of the Estate of Carol Lynn Couvillion, deceased, Appellee.
TEXT: THOMPSON, Judge. Lumbermens Mutual Casualty Company (Lumbermens) appeals a final judgment
fi...on 9 makes it unnecessary to address the remaining issue raised by Lumbermens. The judgment
appealed is reversed. ERVIN and WIGGINTON, JJ., concur.
326-CITE: 678 So.2d 841 B.E.T. PLANT SERVICES, INC., a Georgia Corporation d b a Saf-T-Green of Miami,
Appellant, v. Leroy DYER, Appellee.
TEXT: PER CURIAM. B.E.T. Plant Services, Inc. appeals orders determining that it is not entitled
t...FN2) Although this ruling is dispositive of the civil action, this ruling is without prejudice
to plaintiff to assert a worker s compensation claim.
327-CITE: 475 So.2d 1000 Scott Alan BENEDICT, Appellant, v. STATE of Florida, Appellee.
TEXT: UPCHURCH, Judge. Benedict appeals from a guidelines sentence for the offense of leaving the
...N1) For example, the driver who caused the accident could be the injured person and if the
non-negligent driver left the scene, he could be charged.
328-CITE: 493 So.2d 29 Anne DINOWITZ and Pete Dinowitz, Appellants, v. William WEINRUB, Appellee.
TEXT: GLICKSTEIN, Judge. This is an appeal by the plaintiff from an adverse jury verdict. We
rever... THE COURT: That objection is sustained. You re not talking about a party. You re talking
about a witness. MR. MURPHY: Okay. I have nothing else.
329-CITE: 575 So.2d 1311 Diane POMERANTZ and Jeffrey Pomerantz, Appellants, v. NATIONWIDE MUTUAL FIRE
INSURANCE COMPANY, Appellee.
TEXT: JORGENSON, Judge. Diane and Jeffrey Pomerantz appeal from an order of final summary
judgment...overage contemplates injuries which arise out of the ownership, maintenance, or use of
the tortfeasor s motor vehicle. Race, 542 So.2d at 351, n. 1.
330-CITE: 503 So.2d 1354 Benton Joseph THOMPSON, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Judge. The appellant, Benton Joseph Thompson, appeals from a judgment and
senten...e, 498 So.2d 943 (Fla.1986). We, accordingly, reverse and remand for a new trial. Reversed
and remanded. RYDER, A.C.J., and SANDERLIN, J., concur.
331-CITE: 471 So.2d 81 GIW SOUTHERN VALVE COMPANY, Appellant, v. Robert C. SMITH, Appellee.
TEXT: LEHAN, Judge. In this personal injury suit which resulted in a jury verdict and judgment
aga...ppellant s remaining points on appeal are meritorious. Reversed and remanded for a new trial
on damages. GRIMES, A.C.J., and CAMPBELL, J., concur.
332-CITE: 568 So.2d 61 Lois D. BUTCHER, as guardian, for James Vaughn, a minor, Appellant, v. MIAMI
ELEVATOR COMPANY, INC., a Delaware corporation, Appellee.
TEXT: PER CURIAM. This appeal is brought from a judgment, entered on a jury verdict, in favor of
M...inability to proceed because of the destruction of evidence. See Miller v. Allstate Ins. Co.,
562 So.2d 759 (Fla. 3d DCA 1990), and cases collected.
333-CITE: 498 So.2d 622 CONSHOR, INC., and Liberty Mutual Insurance Company, Appellants, v. Kenneth L.
ROBERTS, Johnson Seafood and Aetna Casualty Insurance Company, Appellees.
TEXT: MILLS, Judge. In this workers compensation appeal from an order finding Conshor liable for
t...accidents experienced by Roberts, the first was the competent producing cause of his compensable
wage loss. BOOTH, C.J., and WENTWORTH, J., concur.
334-CITE: 667 So.2d 499 Bianca BELIVEAU, Appellant, v. STATE FARM AUTOMOBILE INSURANCE CO., Appellee.
TEXT: KLEIN, Judge. We affirm a declaratory judgment finding no coverage because, although the
car...me, such as the Dodge which was involved in the accident in this case. Affirmed. GLICKSTEIN,
J., and ANGELOS, CYNTHIA G., Associate Judge, concur.
335-CITE: 553 So.2d 352 Ernani GRILLI and Giorgina Grilli, Appellants, v. LE-BO PROPERTIES CORPORATION d
b a Le-Bo Auto Brokers, Appellee.
TEXT: PARKER, Judge. Appellants, Ernani Grilli and Giorgina Grilli, appeal a final summary
judgmen...Accordingly, we reverse and remand for proceedings consistent with this opinion. Reversed
and remanded. CAMPBELL, C.J., and PATTERSON, J., concur.
336-CITE: 566 So.2d 31 Zephaniah MEEK, Appellant, v. LAYNE-WESTERN CO. and Crawford and Company,
Appellees.
TEXT: NIMMONS, Judge. The claimant in this workers compensation appeal challenges the finding of
t...ccident and his wage loss. Accordingly, we REVERSE and REMAND for further proceedings
consistent with this opinion. BOOTH and ZEHMER, JJ., concur.
337-CITE: 520 So.2d 622 Ronald H. THOMAS, and Jeanette Thomas, Appellants, v. Edith GOTTLIEB and Geico,
Appellees.
TEXT: OWEN, WILLIAM C., Jr. (Retired), Associate Judge. A vehicle operated by Mrs. Gottlieb
struck...estions relating to the seat belt issue, as suggested by the verdict form attached to model
charge No. 1a of the Florida Standard Jury Instructions.
338-CITE: 585 So.2d 416 Carl MUIR, Appellant, v. CHARLOTTE COUNTY SCHOOL BOARD and Gallagher Bassett,
Appellees.
TEXT: WOLF, Judge. Claimant is appealing an order denying request for TTD, TPD, or wage loss, and
..., costs, and attorney s fees necessitates that the case be remanded. We, therefore, also remand
for that purpose. WIGGINTON and ALLEN, JJ., concur.
339-CITE: 488 So.2d 623 WESTINGHOUSE ELECTRIC CORPORATION and Gates McDonald & Co., Appellants, v. Jesse
L. LAWRENCE, Appellee.
TEXT: NIMMONS, Judge. The employer servicing agent appeal from the deputy commissioner s order
awa...ld that a clinical psychologist need not be a medical doctor to tetify to the existence of
organic brain damage. (e.s.) De Serio, 468 So.2d at 1028.
340-CITE: 522 So.2d 992 Duane EARP, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant appeals convictions under trial court members 85-197-CF-A-33 and
8...ee Yarberry v. State, 510 So.2d 1117 (Fla. 1st DCA 1987); Lawson v. State, 497 So.2d 288 (Fla.
1st DCA 1986) Reversed and remanded with directions.
341-CITE: 474 So.2d 1241 Jonnie Junie McKENZIE, Appellant, v. Anthony John BONNING, Appellee.
TEXT: SCHWARTZ, Chief Judge. The appellant McKenzie is a resident of South Carolina who allegedly
...85), and cases cited; National Equipment Leasing, Inc. v. Watkins, 471 So.2d 1369 (Fla. 5th DCA
1985) (Cowart, J., specially concurring). Reversed.
342-CITE: 466 So.2d 1067 STATE of Florida, Petitioner, v. James A. ADAMS, Respondent.
TEXT: McDONALD, Justice. We have for review Adams v. State, 448 So.2d 1201 (Fla. 3d DCA 1984),
whi... for further proceedings consistent with this opinion. It is so ordered. BOYD, C.J., and
ADKINS, OVERTON, ALDERMAN, EHRLICH and SHAW, JJ., concur.
343-CITE: 581 So.2d 175 Andrei LAMPKIN, Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF
PITTSBURGH, etc., Appellee.
TEXT: PER CURIAM. Andrei Lampkin appeals a summary final judgment determining that he is not
entit... Farm Mut. Auto. Ins. Co., 252 So.2d 229, 233, 238 (Fla.1971); Fenwick v. American States
Ins. Co., 520 So.2d 98, 99 (Fla. 4th DCA 1988). Affirmed.
344-CITE: 560 So.2d 330 Thin DONOVAN, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Appellee.
TEXT: GLICKSTEIN, Judge. This is an appeal from a final judgment entered after the trial court
gra...agree that there is one rule for liability cases and another for actions by the insured
against his or her insurer. ANSTEAD and POLEN, JJ., concur.
345-CITE: 701 So.2d 618 Jewel McNeal LEWIS, Appellant, v. B & L SERVICE, INC. and Airport Rent-A-Car,
Inc., Appellees.
TEXT: PER CURIAM. On November 23, 1992, Jewel McNeal Lewis filed suit against Airport Rent-A-Car,
...n Case No. 96-3834, Lewis appealed an order granting summary judgment in favor of Campbell. This
case was voluntarily dismissed on January 28, 1997.
346-CITE: 430 So.2d 954 BAY HOME HEALTH CARE AGENCY, FCCI Self Insurers Fund, and Johns Eastern Company,
Inc., Servicing Agent, Appellants, v. Dennis F. AKE, Kyra Denise Ake, and Scott A. Ake, as
dependents of Karen Sue Ake, Deceased, Appellees.
TEXT: THOMPSON, Judge. The employer carrier (E C) appeal a workers compensation order awarding
*95...strike the reference to decedent s husband in the decretal portion of the order. As modified,
the order is affirmed. MILLS and JOANOS, JJ., concur.
347-CITE: 734 So.2d 563 Shirley DICUS, Appellant, v. DISTRICT BOARD OF TRUSTEES FOR VALENCIA, etc.,
Appellee.
TEXT: W. SHARP, J. Dicus appeals from a final summary judgment in favor of Valencia Community
Coll...rd against Dicus attorney, who also represented her in the trial court. AFFIRMED and
REMANDED with instructions. HARRIS and PETERSON, JJ., concur.
348-CITE: 487 So.2d 89 Molly SEALEY, Appellant, v. CORONET INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. The final summary judgment entered in this declaratory decree action is
reversed...otorists Insurance Co. v. Bennett, 415 So.2d 897 (Fla. 3d DCA 1982); see generally Holl
v. Talcott, 191 So.2d 40 (Fla.1966). Reversed and remanded.
349-CITE: 529 So.2d 1210 STATE FARM FIRE & CASUALTY COMPANY, Appellant, v. Richard G. ROBINSON, et al.,
Appellees.
TEXT: SHARP, Chief Judge. State Farm Fire and Casualty Co. ( State Farm ) appeals from an amended
...ction 627.7262 being enacted in its present constitutional form, this case is controlled by
Shingleton, Markert and their progeny. VanBibber at 883.
350-CITE: 744 So.2d 1116 Aldona Lynn REID and Jerry Reid, her husband, Appellants, v. MEDICAL &
PROFESSIONAL MANAGEMENT CONSULTANTS, INC., a Florida corporation, and Marilyn Lynett Clayton,
Appellees.
TEXT: PER CURIAM. Appellants challenge an adverse final judgment entered in accordance with a
jury...fees to appellees pursuant to section 768.79, Florida Statutes (1995). AFFIRMED. BOOTH and
BENTON, JJ., and SMITH, LARRY G., Senior Judge, concur.
351-CITE: 522 So.2d 418 Purvis TAYLOR, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The appellant, Purvis Taylor, was convicted of manslaughter by driving while
in...ial motion based upon newly-discovered evidence. REVERSED and REMANDED for new trial. SHARP,
C.J., concurs. COWART, J., dissents without opinion.
352-CITE: 481 So.2d 547 Diane WILLIAMS, Appellant, v. UTAH HOME FIRE INSURANCE COMPANY, Appellee.
TEXT: COBB, Chief Judge. The issue on this appeal concerns the availability of PIP coverage to a
p...gation on the part of Thomas (and Utah) to provide PIP protection to passengers in a nonowned
vehicle. AFFIRMED. UPCHURCH, and SHARP, JJ., concur.
353-CITE: 541 So.2d 1307 William BRIMMER, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. The defendant, charged with manslaughter and convicted of vehicular homicide,
...idence that would constitute an excusable homicide defense. Therefore, the judgment and sentence
are affirmed. GLICKSTEIN and WALDEN, JJ., concur.
354-CITE: 561 So.2d 432 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Jennifer CEDOLIA,
Appellee.
TEXT: DOWNEY, Judge. Appellant, State Farm Mutual Automobile Insurance Company (State Farm),
timel...r further proceedings on the issue of coverage and such further matters as the trial court
finds appropriate. HERSEY, C.J., and WALDEN, J., concur.
355-CITE: 433 So.2d 1371 Wayne POORMAN, Appellant, v. MUNCY & BARTLE PAINTING and Reliance Insurance
Company, Appellees.
TEXT: SHIVERS, Judge. In this workers compensation case, Poorman appeals the order of the deputy
c.... MILLS, Judge, dissenting: I dissent. I would affirm because there is competent substantial
evidence in the record supporting the Deputy s order.
356-CITE: 739 So.2d 180 Donny WRIGHT (f k a Donny Williamson) and Audrey Wright (f k a Dee Williamson)
both d b a Pro-Tek Painting , Appellants, v. AUTO-OWNERS INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Appellants, Donny Wright and Audry Wright ( the Wrights ), appeal the dismissal
...trian. Our record in this case does not explain why Auto-Owners included the pedestrian
limitation for other persons but not for the insured family.
357-CITE: 742 So.2d 440 Ilan WALL, Appellant, v. Laurie ALVAREZ and Saul Alvarez, her husband,
Appellees.
TEXT: SHAHOOD, J. This is an auto accident personal injury case in which Ilan Wall appeals the
tri... trial. We accordingly affirm the granting of the new trial on damages. AFFIRMED. TAYLOR,
J., and ROTHSCHILD, RONALD J., Associate Judge, concur.
358-CITE: 440 So.2d 467 RAINTREE FARMS and CNA Insurance Company, Appellants, v. Frank S. MINOR,
Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from an order of the deputy commissioner
award...firmed. This cause is remanded to the deputy for proceedings consistent with this opinion.
ROBERT P. SMITH, Jr., BOOTH and WIGGINTON, JJ., concur.
359-CITE: 609 So.2d 714 Millie WEYGANT, Appellant, v. FORT MYERS LINCOLN MERCURY, INC., d b a Fort Myers
AMC Jeep, Renault, and Chester Meredith, Appellees.
TEXT: HALL, Acting Chief Judge. The appellant, Millie Weygant, challenges a final judgment
entered... witnesses. Accordingly, we affirm the instant case on all points raised herein and
certify conflict with Morey. THREADGILL and BLUE, JJ., concur.
360-CITE: 453 So.2d 159 McCRORY STORES and Rapid Adjusting Corporation (Serviced by Crawford & Company),
Appellants, v. Leslie M. PENCE, Appellee.
TEXT: MILLS, Judge. The employer carrier appeal from the deputy commissioner s order in this
worke...ent at the time. Moreover, Pence admitted that he had had minor back trouble for the past
ten years. REVERSED. SHIVERS and WIGGINTON, JJ., concur.
361-CITE: 585 So.2d 395 Arnold SMITH, Appellant, v. William Raymond TURNER, Appellee.
TEXT: ON MOTION FOR REHEARING PETERSON, Judge. William Raymond Turner s motion for rehearing is
g...1981). We remand for a new trial on all issues presented to the jury in the first trial.
REVERSED and REMANDED. W. SHARP and GRIFFIN, JJ., concur.
362-CITE: 731 So.2d 851 A.F., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, J. In this appeal, A.F. claims that the trial court erred in failing to make
specifi...vel recommended by the Department, no violation of the statutory requirements occurred in
this case. Affirmed. STONE, C.J., and GROSS, J., concur.
363-CITE: 595 So.2d 60 Paul URBAN, Appellant, v. MORRIS DRYWALL SPRAY, et al., Appellees.
TEXT: PER CURIAM. In this worker s compensation case, claimant Paul Urban appeals the order of
the...further findings consistent with this opinion. REVERSED and REMANDED with instructions.
SMITH and MINER, JJ., and WENTWORTH, Senior Judge, concur.
364-CITE: 484 So.2d 92 L.L., etc., et al., Appellants, v. Angela B. ZIPPERER and Orange County, Florida,
Appellees.
TEXT: ORFINGER, Judge. We find no abuse of the trial court s discretion in awarding of attorney s
... owner of the offending automobile because the official police accident report listed her as the
owner. AFFIRMED. DAUKSCH and COWART, JJ., concur.
365-CITE: 713 So.2d 1071 Frances Thompson KNOIZEN, Appellant, v. Jenina M. BRUEGGER, Appellee.
TEXT: THOMPSON, Judge. Frances Thompson Knoizen appeals a final order denying her motion for new
t...rt v. Allstate Ins. Co., 603 So.2d 554 (Fla. 5th DCA), rev. dismissed, 606 So.2d 1164
(Fla.1992). AFFIRMED. GRIFFIN, C.J., and ANTOON, J., concur.
366-CITE: 757 So.2d 614 WILLIAM LEHMAN LEASING CORPORATION, Appellant, v. Emmanuel JOSEPH, Appellee.
TEXT: PER CURIAM. William Lehman Leasing Corporation ( Lehman ) appeals an order denying attorney
...s under Section 57.105 and to conduct an evidentiary hearing to determine the amount of fees to
be assessed. Reversed and remanded with directions.
367-CITE: 559 So.2d 353 STRATEGIC MARKETING SYSTEMS and Cigna Insurance Companies, Appellants, v. Paul
J. SORANNO, Appellee.
TEXT: THOMPSON, Judge. The employer, Strategic Marketing Systems, and its workers compensation
car...tributed to his injury. Accordingly, the JCC s order finding claimant s May 6, 1988, accident
compensable is reversed. BOOTH and MINER JJ., concur.
368-CITE: 587 So.2d 658 COPELAND STEEL ERECTORS and Argonaut Insurance Co., Appellants, v. Rocky
McCOLLOM and Ironworkers Local 808 and the Hartford Ins. Co., Appellees.
TEXT: KAHN, Judge. This is an appeal from an order of the Judge of Compensation Claims equally
all...hat the JCC should consider this matter further, take evidence if necessary and enter new
findings on apportionment. SMITH and ZEHMER, JJ., concur.
369-CITE: 601 So.2d 227 Carmen Nydia SALVADOR, Appellant, v. STATE of Florida, Appellee. Linda Lee
JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. For the purposes of this opinion, we consolidate these two cases, which
i...ic traffic infraction or offense. See generally Section 316.655, Fla.Stat. (1989). Reversed and
remanded. CAMPBELL, A.C.J., and LEHAN, J., concur.
370-CITE: 692 So.2d 255 CROOM S TRANSPORTATION, INC., Mollie R. Woodham, and Haisten L. Woodham,
Appellants, v. MONTICELLO INSURANCE COMPANY, Appellee.
TEXT: BOOTH, Judge. Appellants appeal the trial court s order granting summary judgment for
Appell...applied to expand the coverage provision. In contrast, the term in the instant case is used
to exclude coverage, thereby requiring a narrow reading.
371-CITE: 551 So.2d 580 STANDARD FIRE INSURANCE COMPANY serviced by Crawford & Company, and Taylor
Rental, Appellants, v. U-HAUL COMPANY OF EASTERN FLORIDA and Aetna Life & Casualty Company and James
Read, Appellees.
TEXT: SMITH, Judge. In this appeal and cross-appeal from a workers compensation order, Standard
Fi...ause the parties failed to inform the deputy of facts necessary for a true evaluation of
whether the settlement was in the claimant s best interest.
372-CITE: 549 So.2d 798 Elizabeth BRAVO, et al., Appellants, v. Norman E. CHAPKIS, et al., Appellees.
TEXT: SHARP, Judge. Elizabeth Bravo and her husband appeal from a final summary judgment entered
a...left side of the vehicle. Bravo s car was only damaged along the front left quarter, commencing
from the front wheel to just past the driver s door.
373-CITE: 459 So.2d 422 FLORIDA TIMBER PRODUCTS, the employer, and Professional Administrators, Inc.,
its Servicing Agent, Appellant, v. Felton WILLIAMS, Appellee.
TEXT: THOMPSON, Judge. The appellant Florida Timber Products contends the deputy commissioner
(dep...rrive at the proper average weekly wage. REVERSED and REMANDED for further proceedings
consistent with this opinion. BOOTH and SMITH, JJ., concur.
374-CITE: 572 So.2d 7 Karlton HILTON, Appellant, v. CORAL SPRINGS HONDA and Adjustco, Inc., Appellees.
TEXT: SMITH, Judge. In this appeal of a workers compensation claim, appellant argues his average
w...s reversed, and the cause is remanded for recalculation consistent with this opinion. REVERSED
and REMANDED. WENTWORTH and WIGGINTON, JJ., concur.
375-CITE: 570 So.2d 1076 Loretta RICHARDSON, Appellant, v. MORRELL S INC., Appellee.
TEXT: SHIVERS, Judge. The claimant in this workers compensation case appeals an order denying her
...me weekly wages [section 440.14(1)(d)]. The JCC may receive additional evidence if necessary.
REVERSED and REMANDED. BOOTH and ALLEN, JJ., concur.
376-CITE: 447 So.2d 455 SELECTED RISKS INSURANCE COMPANY, Petitioner, v. Maurice WHITE and Bella White,
his wife, Respondents.
TEXT: GLICKSTEIN, Judge. Petitioner, defendant below, objected to the following two parts of
inter...iven in compliance with the statute requiring the report is immune from discovery except as
to its existence. ANSTEAD, C.J., and LETTS, J., concur.
377-CITE: 563 So.2d 162 MINTON-SUN, INC. and Executive Risk Consultants, Appellants, v. Archie HILLS,
Appellee.
TEXT: OPINION WIGGINTON, Judge. This is an appeal from the order of the judge of compensation
cla...1337 (Fla. 1st DCA 1985). For the foregoing reasons, the order of the judge of compensation
claims is AFFIRMED. SMITH and WENTWORTH, JJ., concur.
378-CITE: 448 So.2d 1045 AIRCRAFT SERVICES, INC. and Greyhound Corporation, Appellants, v. Frazier
Bernhardt BRADLEY, as Personal Representative of the Estate of Frazier Bradley, deceased, Appellee.
TEXT: THOMPSON, Judge. The employer carrier (E C) appeal a workers compensation order awarding
per...spects, the order on appeal is affirmed. AFFIRMED in part, REVERSED in part, and REMANDED for
further proceedings. SHIVERS and JOANOS, JJ., concur.
379-CITE: 453 So.2d 492 Curley L. MILLER, Appellant, v. LEON COUNTY BOARD OF COUNTY COMMISSIONERS and
American Liberty Insurance Company, Appellees.
TEXT: NIMMONS, Judge. Miller appeals from an order of the deputy commissioner denying wage loss
be...Court s rule-making authority, cf. Farrell v. Amica Mutual Insurance Co., 361 So.2d 408
(Fla.1978). AFFIRMED. ERVIN, C.J., and JOANOS, J., concur.
380-CITE: 654 So.2d 1057 ORLANDO BUILDERS SUPPLY and St. Paul Fire & Marine Insurance Co., Appellants,
v. David KINSEY, Appellee.
TEXT: PER CURIAM. We have for review a final workers compensation order awarding temporary
partial...Peters v. Armellini Express Lines, 527 So.2d 266 (Fla. 1st DCA 1988). REVERSED. ZEHMER,
C.J., BARFIELD, J., and SHIVERS, J., Senior Judge, concur.
381-CITE: 431 So.2d 335 Flooker T. ADAMS d b a F.A. Home Improvement, Appellant, v. KENT INSURANCE
COMPANY, a Florida corporation, Appellee.
TEXT: DELL, Judge. Flooker Adams, d b a F.A. Home Improvement, appeals from a final judgment of
di...inal judgment of dismissal and remand for further proceedings consistent with this opinion.
REVERSED and REMANDED. DOWNEY and WALDEN, JJ., concur.
382-CITE: 637 So.2d 253 Paul J. GEDERT, Appellant, v. SOUTHEAST BANK LEASING CO., Appellee.
TEXT: GUNTHER, Judge. The plaintiff appeals a final judgment finding, inter alia, that the
conting...t that Grannum have valid insurance at the time of the accident. REVERSED AND REMANDED.
ANSTEAD, J., and MAY, MELANIE G., Associate Judge, concur.
383-CITE: 432 So.2d 698 ORANGE CITY WATER COMPANY and Sentry Insurance Company, Appellants, v. Rufus F.
BARKLEY, Appellee.
TEXT: NIMMONS, Judge. The employer carrier (E C) appeals from an order finding E C liable for
addi... and its permissible inferences. Gomez v. Steinberg Neckwear, 424 So.2d 106 (Fla. 1st DCA
1983). AFFIRMED. LARRY G. SMITH and JOANOS, JJ., concur.
384-CITE: 464 So.2d 232 Joann HICKS, Appellant, v. PUTNAM COUNTY SCHOOL BOARD and Home Insurance
Company, Appellees.
TEXT: MILLS, Judge. Hicks appeals from a workers compensation order contending the deputy erred
in...ecord of a causal relationship between the accident and her heart condition. We, therefore,
affirm on this issue. JOANOS and BARFIELD, JJ., concur.
385-CITE: 575 So.2d 1356 STANDARD BRANDS and Aetna Life & Casualty Insurance, Appellants, v. Rollin
Richard COOMER, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order awarding
wag...anded for determination of whether claimant has suffered wage loss due to his compensable
accident. SHIVERS, C.J., and BOOTH and WOLF, JJ., concur.
386-CITE: 460 So.2d 422 STATE of Florida, Appellant, v. Lorraine L. HEPBURN, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order suppressing statements made to a policeman
w...pect to Count I. This cause is remanded for trial. AFFIRMED IN PART, REVERSED IN PART,
REMANDED. ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur.
387-CITE: 432 So.2d 1374 Harry POPIEL, Appellant, v. BROWARD COUNTY SCHOOL BOARD and Gallagher-Bassett
Insurance Service, Appellees.
TEXT: SHIVERS, Judge. In this workers compensation case, Harry Popiel appeals the final order of
t...der of the deputy commissioner dated October 4, 1982 is REVERSED, and this cause is REMANDED for
further proceedings. MILLS and BOOTH, JJ., concur.
388-CITE: 566 So.2d 311 Elizabeth CALDWELL, Appellant, v. HALIFAX CONVALESCENT CENTER and United Self
Insured Services, Appellees.
TEXT: JOANOS, Judge. Elizabeth Caldwell has appealed an order of the judge of compensation claims
...dence on this issue should it be necessary to the resolution thereof. Reversed and remanded with
directions. SHIVERS, C.J., and MINER, J., concur.
389-CITE: 687 So.2d 304 Carey LESLIE, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING SHAHOOD, Judge. We grant appellant s Motion for Rehearing of our
op... the plea. We accordingly remand this cause to the trial court for proceedings consistent with
this opinion. GUNTHER, C.J., and STONE, J., concur.
390-CITE: 461 So.2d 295 DESERET RANCHES, a self-insured, Appellant, and Corporate Group Service,
Appellant Cross-Appellee, v. Jerry CROSBY, Appellee, and Florida Farm Bureau Insurance Company,
Cross-Appellant.
TEXT: THOMPSON, Judge. The self-insured employer, Deseret Ranches, and its servicing agent,
Corpor...on of the deputy s order requiring FFB to reimburse CGS for 50 percent of the TPD benefits
awarded is reversed. ERVIN, C.J., and BOOTH, J., concur.
391-CITE: 624 So.2d 413 Thomas Ray HOLLEY, Appellant, v. FLORIDA MINING & MATERIALS, Self Insured,
Appellees.
TEXT: PER CURIAM. In this workers compensation case, claimant seeks review of an order denying
his...Bennett v. H & L Builders, Inc., 567 So.2d 33 (Fla. 1st DCA 1990). REVERSED and REMANDED,
with directions. MINER, WEBSTER and MICKLE, JJ., concur.
392-CITE: 530 So.2d 1000 Gary Edwin SITAR, Appellant, v. STATE of Florida, Appellee.
TEXT: GUNTHER, Judge. We affirm the conviction and sentence imposed by the trial court. Although
...tely only to note, for the benefit of the trial court, that in my judgment the first reason
listed for departing from the guidelines was also valid.
393-CITE: 557 So.2d 674 Gerald R. BICKEL and Carolyn Bickel, Appellants, v. STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Appellant Gerald Bickel was struck and injured in the parking lot of a Lakeland
...affected the verdict, a new trial will be necessary; otherwise, the verdict shall stand.
Reversed. SCHEB, A.C.J., and LEHAN and HALL, JJ., concur.
394-CITE: 567 So.2d 1064 To Pyo CHO, Appellant, v. Todd Jeffery MACKEY, Diana Lynn Haire, Individually,
Theodore W. Haire, as parent guardian of Diana Lynn Haire, and Theodore W. Haire, Individually,
Appellees.
TEXT: SCHEB, Acting Chief Judge. Appellant To Pyo Cho sued Appellee Diane Haire alleging that her
...ts were not foreseeable. This was error. Reversed and remanded for further proceedings
consistent with this opinion. RYDER and FRANK, JJ., concur.
395-CITE: 430 So.2d 965 Edwin COLON, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. A jury found appellant guilty of committing manslaughter with a
f...d it to be without merit. Accordingly, we vacate appellant s conviction and sentence and remand
for a new trial. SCHOONOVER and LEHAN, JJ., concur.
396-CITE: 634 So.2d 718 Paul URBAN, Appellant, v. MORRIS DRYWALL SPRAY TEXTURES, et al., Appellees.
TEXTURES, et al., Appellees. DOCKET, COURT: No. 92-4352. District Court of Appeal of Florida,
First...- (FN2) Our decision would not preclude the e c from challenging a claim for subsequent
periods of wage loss benefits for other appropriate reasons.
397-CITE: 627 So.2d 102 GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant, v. William J. DOUGLAS,
Appellee.
TEXT: PARIENTE, Judge. This appeal by insurer, in favor of the insured, involves the question of
t...tute. The insured is, therefore, entitled to UM coverage under his GEICO policy. AFFIRMED.
HERSEY, J., and WALDEN, JAMES H., Senior Judge, concur.
398-CITE: 676 So.2d 522 Claudia Kay UDKOFF, Petitioner, v. Tera HIETT, a minor, By and Through Tammy
HIETT, as natural parent and next friend, and Tammy HIETT, individually, Respondents.
TEXT: PER CURIAM. Claudia Kay Udkoff is the defendant in an automobile accident case in which a
pe...ri and reverse the trial court s order requiring Udkoff to draw the diagrams at her deposition.
DANAHY, A.C.J., and FRANK and LAZZARA, JJ., concur.
399-CITE: 588 So.2d 276 WAL-MART STORES and Corporate Service Inc., Appellants, v. Pamela J. TOMLINSON,
Appellee.
TEXT: KAHN, Judge. The Employer Carrier (E C) appeal an order of the Judge of Compensation Claims
...J., concur. ------------ (FN2) Although Dr. Forman s testimony was contrary to that of Dr.
McClane, the JCC was free to reject Dr. Forman s opinion.
400-CITE: 453 So.2d 175 Rafael Louis RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIMES, Acting Chief Judge. Once again we are required to interpret custody for purposes of
...uence, we have no alternative but to set aside Appellant s conviction and direct that he be
discharged. REVERSED. SCHEB and CAMPBELL, JJ., concur.
401-CITE: 556 So.2d 1135 Seymour GRANT, as Personal Representative of the Estate of Glenn Grant,
Deceased, Appellant, v. EASTERN AIRLINES, INC., Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiff Seymour Grant, as personal representative of
...ied, 519 So.2d 987 (Fla.1981); Van Ness v. Independent Constr. Co., 392 So.2d 1017 (Fla. 5th
DCA), rev. denied, 402 So.2d 614 (Fla.1981). Affirmed.
402-CITE: 745 So.2d 329 Thomas R. HORN, Appellant Cross-Appellee, v. MARINE HOSPITALITY CORPORATION,
Appellee Cross-Appellant.
TEXT: ON MOTION FOR REHEARING KLEIN, Judge. After we affirmed this case without opinion,
appellan...s for not requiring opinions in every case are set out in Whipple at 1016, 1017. The
motion for rehearing is denied. DELL and FARMER, JJ., concur.
403-CITE: 471 So.2d 635 Kenneth SINGLETARY, Appellant, v. MANGHAM CONSTRUCTION CO., INC., and Aetna Life
& Casualty Company, Appellees.
TEXT: ZEHMER, Judge. Claimant has appealed the deputy commissioner s order denying payment of
atto...and with directions to enter an appropriate order awarding attorney s fees to claimant.
REVERSED and REMANDED. WENTWORTH and NIMMONS, JJ., concur.
404-CITE: 742 So.2d 420 Djuana GARVEY, n k a Djuana Garvey Sparks, Appellant, v. Jean BARNES, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, Djuana Garvey Sparks, challenges the final
judgment...rmined that Sparks was 40% at fault and Morrell was 60% at fault. The evidence supports
that finding and we affirm. WHATLEY and DAVIS, JJ., Concur.
405-CITE: 517 So.2d 68 Jeanne HUBBS and John Hubbs, Appellants, v. Laura McDONALD and Joe McDonald,
Appellees.
TEXT: PER CURIAM. Jeanne Hubbs and John Hubbs appeal an order denying their motion for new trial
o...d in part, reversed in part, and remanded for a new trial on the issue of compensatory damages.
SMITH, C.J., and WENTWORTH and JOANOS, JJ., concur.
406-CITE: 712 So.2d 806 Abdala ALHUSSAIN, Appellant, v. Matthew SYLVIA, Michael Sylvia, William J.
Sylvia, Silco Investments, L.C., d b a Sunrise Watersports Rentals, Gerald E. Holmes, AMC Marine
Construction of Florida, Seven Seven International, Inc., d b a USA Groceries, Inc., Ekus & Chess,
Inc., d b a Mombasa Bay Lounge, Boston Whaler, Inc. and Teleflex, Inc., Appellees.
TEXT: PER CURIAM. Appellant, Abdala Alhussain, appeals an order that in effect denied his motion
t...ying appellant s motion to quash and remand for the case to proceed accordingly. REVERSED and
REMANDED. GUNTHER, POLEN and STEVENSON, JJ., concur.
407-CITE: 655 So.2d 215 STATE of Florida, Appellant, v. Patrick DURDEN, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from the trial court s order granting
appellee... granting his suppression motion must be reversed pursuant to this court s recent opinion
in State v. Rasmussen, 644 So.2d 1389 (Fla. 1st DCA 1994).
408-CITE: 576 So.2d 1363 Jesse WALKER, Jr., Appellant Cross-Appellee, v. HEAVY MACHINERY TOOL &
TRANSPORTERS INC. and Mid-Century Insurance Company, Appellees Cross-Appellants.
TEXT: NIMMONS, Judge. The claimant appeals from the J.C.C. s order asserting error in the denial
o... respects. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent
with this opinion. BARFIELD and ALLEN, JJ., concur.
409-CITE: 721 So.2d 430 P.V. HOLDING CORP., d b a Avis Rent A Car System, Inc., a Delaware corporation
and, David P. Roma, Appellants, v. Robert TENORE and Michelle Tenore, his wife, Appellees.
TEXT: PER CURIAM. P.V. Holding Corporation, d b a Avis Rent A Car System, Inc. ( Avis ) and David
...he motion to transfer venue is reversed, with directions that the cause be transferred to Palm
Beach County. Reversed and remanded with directions.
410-CITE: 714 So.2d 1206 Ryan S. DOOLEY, Appellant, v. Carrie T. HARRIS, Appellee.
TEXT: W. SHARP, Judge. Ryan Dooley appeals from a final summary judgment in favor of Carrie
Harris...dent where employee took employer s truck without permission and was later involved in an
accident). AFFIRMED. PETERSON and THOMPSON, JJ., concur.
411-CITE: 526 So.2d 1068 Carl V. SUMNER, Appellant, v. GARDINIER, INC. and Wausau Insurance Companies,
Appellees.
TEXT: SHIVERS, Judge. In this workers compensation case, claimant appeals from an order of the
Dep...case is remanded for proceedings consistent with this opinion. AFFIRMED in part, REVERSED in
part, and REMANDED. MILLS and WIGGINTON, JJ., concur.
412-CITE: 754 So.2d 773 MIAMI-DADE COUNTY, a k a Metropolitan Dade County, Appellant, v. Autheria
MITCHELL, Appellee.
TEXT: PER CURIAM. In this workers compensation case, the self-insured employer appeals, and the
cl...nc). In all other respects, we affirm. AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with
directions. KAHN, WEBSTER and PADOVANO, JJ., CONCUR.
413-CITE: 434 So.2d 14 ALTMAN & SONS FARMS, and Florida Farm Bureau, Appellants, v. Fernardo RIVERA,
Appellee.
TEXT: WENTWORTH, Judge. The employer and its workers compensation insurance carrier (e c) appeal
a...he back of a pickup truck with his legs dangling over the tailgate when the driver accidentally
backed into a tree and crushed claimant s right leg.
414-CITE: 538 So.2d 130 Antone KOULIAS, Appellant, v. TARPON MARINE WAYS, Appellee.
TEXT: JOANOS, Judge. Antone Koulias has appealed from an order of the deputy commissioner holding
...emand for additional findings on the disability and medical care which is causally related to the
compensable injury. BOOTH and MINER, JJ., concur.
415-CITE: 430 So.2d 562 Berta MUNCEAS, Manuela De Cespedes, and Government Employees Insurance Company,
Appellants, v. Shirley McCrae HARRIS, Appellee.
TEXT: NESBITT, Judge. The driver, owner, and insurer of an automobile involved in a rear-end
colli... percentage found, if any, of comparative negligence, which was pleaded as an affirmative
defense. Affirmed in part; reversed in part and remanded.
416-CITE: 451 So.2d 898 John JOHNSON, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee.
TEXT: MILLS, Judge. Johnson appeals from a final judgment denying his claim for uninsured
motorist...971)). Our disposition of this issue makes it unnecessary to address the other point
raised by Johnson. REVERSED. SMITH and NIMMONS, JJ., concur.
417-CITE: 658 So.2d 611 STATE of Florida, Appellant, v. Roberta Jane SHEPARD, Appellee.
TEXT: QUINCE, Judge. The state appeals an order of the trial court granting appellee s motion to
s... made after the giving of Miranda warnings is reversed, and this case is remanded for further
proceedings. RYDER, A.C.J., and CAMPBELL, J., concur.
418-CITE: 606 So.2d 1236 David Lee GALLAGHER, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This case is before us on remand for reconsideration in light of the Florida
Sup... DCA 1990). The Florida Supreme Court, however, vacated the judgment and remanded for
reconsideration. Gallagher v. State, 597 So.2d 767 (Fla.1991).
419-CITE: 556 So.2d 491 COOPER S INC. and the Hartford, Appellants, v. Clarence W. TAYLOR, Appellee.
TEXT: WIGGINTON, Judge. In this workers compensation appeal, appellants question the judge of
comp...y and totally disabled as a result of the second industrial accident at the rate of $819.88
per month. AFFIRMED. ERVIN and WENTWORTH, JJ., concur.
420-CITE: 530 So.2d 483 Jerry Eugene DURRETT, Appellant, v. STATE of Florida, Appellee.
TEXT: NIMMONS, Judge. Appellant was convicted, after trial by jury, of leaving the scene of an
acc... that count. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings
consistent with this opinion. ERVIN and JOANOS, JJ., concur.
421-CITE: 447 So.2d 954 ELECTONE, INC. and Chubb Group Insurance Company, Appellants, v. Mary WALSH,
Appellee.
TEXT: THOMPSON, Judge. The employer carrier (E C) appeal a compensation order awarding wage loss
b...find work were shown to have been related to the industrial accident, the award of wage loss
benefits is REVERSED. SHIVERS and JOANOS, JJ., concur.
422-CITE: 696 So.2d 1228 Michael SMITH and Barbara M. Smith, Appellants, v. COURTESY CAR RENTAL AND
SALES, INC., Appellee.
TEXT: PER CURIAM. We affirm the defense verdict in this accident case, rejecting the plaintiff s
a... considered the other issues raised by plaintiff and find them to be without merit. We therefore
affirm. GLICKSTEIN, FARMER and KLEIN, JJ., concur.
423-CITE: 506 So.2d 471 Gordon HAYNES, Appellant, v. GORDON HAYNES STATE CERTIFIED GENERAL CONTRACTORS,
INC., and Commercial Union Insurance Company, Appellees.
TEXT: ZEHMER, Judge. The claimant appeals the deputy commissioner s calculation of his average
wee...VERSED AND REMANDED. ERVIN and SHIVERS, JJ., concur. ------------ (FN1) The deputy did not
expressly reject the claimant s testimony as incredible.
424-CITE: 439 So.2d 339 Mark Allen ALBERT, Petitioner, v. Nicholas SALCE and Anna Salce, his wife,
Respondents.
TEXT: DANIEL S. PEARSON, Judge. Mark Allen Albert, the defendant below, petitions this court for
a...not answering a proper question, the court may dismiss his action or strike his testimony, Lund
at 875. See generally Annot., 4 A.L.R.3d 545 (1965).
425-CITE: 724 So.2d 719 OLSTEN STAFFING SERVICES and Helmsman Management Services, Appellants, v. Billie
HOUSAND, Appellee.
TEXT: PER CURIAM. Before Ms. Billie Housand injured her back at work on August 14, 1996, she had
e.... 1st DCA 1995). On remand, the parties may introduce additional evidence. Reversed and
remanded. BENTON, VAN NORTWICK, and PADOVANO, JJ., CONCUR.
426-CITE: 718 So.2d 1283 Katherine S. ROBINSON, Appellant, v. AUTO OWNERS INSURANCE COMPANY, Appellee.
TEXT: NORTHCUTT, Judge. Almost five years after Katherine Robinson was injured in an automobile
ac...asor in order to protect Auto Owners s subrogation rights. Reversed and remanded for further
proceedings. BLUE, A.C.J., and CASANUEVA, J., concur.
427-CITE: 537 So.2d 1009 Matthew L. McNAMARA, Jr., et al., Appellants, v. Robert Edwin SEIBERT, et al.,
Appellees.
TEXT: BEVERLY, V.Q., Associate Judge. The appellants filed a wrongful death action to recover
dama...RONGFUL DEATH ACT, RECOVER FROM HIS OWN UNINSURED MOTORIST INSURANCE POLICY HIS DAMAGES WHERE
THE DECEDENT IS NOT A COVERED PERSON UNDER THE POLICY?
428-CITE: 592 So.2d 742 Patricia A. MOLNAR, Appellant, v. BOB EVANS RESTAURANT and Continental
Insurance, Appellees.
TEXT: ZEHMER, Judge. Patricia Molnar, claimant, appeals a workers compensation order denying her
c...ention of the judge by motion for rehearing. Aircraft Services v. Reyes, 582 So.2d 66 (Fla. 1st
DCA 1991). AFFIRMED. SMITH and ALLEN, JJ., concur.
429-CITE: 592 So.2d 1172 David CORNELL, Appellant, v. Merdorat CYRIAQUE, Appellee.
TEXT: DOWNEY, Judge. Appellant, David Cornell, a nonresident of Florida, has filed this appeal
fro...tranger to the owner and contrary to the owner s explicit instructions. Union Air
Conditioning, Inc. v. Troxtell, 445 So.2d 1057 (Fla. 3d DCA 1984).
430-CITE: 534 So.2d 417 Clebert LOUIS, Appellant, v. LOUIS S AMOCO, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal of a final order finding, in pertinent part,
t...fer an on-the-job injury. REVERSED and REMANDED for further proceedings in accordance with this
opinion. BOOTH, SHIVERS and THOMPSON, JJ., concur.
431-CITE: 441 So.2d 178 Joseph VANDERWALKER, Appellant, v. COLONIAL PENN INSURANCE COMPANY, a foreign
corporation, Appellee.
TEXT: OTT, Chief Judge. Appellant s second amended complaint alleged that while riding his own
uni...t is not insured under his step-father s uninsured motorist coverage. The decision of the
trial court is AFFIRMED. HOBSON and DANAHY, JJ., concur.
432-CITE: 715 So.2d 284 Natasha SCHNEIDER and Gary Schneider, Appellants, v. Mark DiPAOLA, Appellee.
TEXT: PER CURIAM. The appellants, Natasha and Gary Schneider, challenge the trial court s order
aw...ling parties. Accordingly, the costs award to the appellee is reversed. Reversed and remanded.
PATTERSON, A.C.J., and BLUE and GREEN, JJ., concur.
433-CITE: 634 So.2d 1113 Cecil Robert JOHNSON, Appellant, v. DEEP SOUTH CRANE RENTALS, INC., a Florida
Corporation, and James Allen Reinhardt, Appellees.
TEXT: ALLEN, Judge. Cecil Robert Johnson challenges an amended final judgment entered pursuant to
... are therefore free from negligence. We reverse the judgment for the appellees and remand for
further proceedings. BOOTH and WEBSTER, JJ., concur.
434-CITE: 502 So.2d 1004 STANDARD GUARANTY INSURANCE COMPANY, Appellant, v. Thomas A. FURTADO and Kim K.
Patterson, Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a declaratory relief judgment. Appellee Furtado
appl...ccident, March 5, 1985. Because there is no basis in fact for the trial court s order we
reverse. REVERSED. UPCHURCH, C.J., and SHARP, J., concur.
435-CITE: 627 So.2d 24 David J. RATH, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. Appellant, David Rath appeals his conviction of DUI manslaughter and
vehicul...can. As to the dual convictions, see State v. Chapman, 625 So.2d 838 (Fla.1993).
REVERSED; REMANDED for new trial. COBB and THOMPSON, JJ., concur.
436-CITE: 517 So.2d 84 SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR & EMPLOYMENT SECURITY, State
of Florida, Appellant, v. PANTRY PRIDE and Crawford & Company, Appellees.
TEXT: BARFIELD, Judge. The Special Disability Trust Fund appeals an order requiring it to
reimburs...may order reimbursement. The case is REVERSED and REMANDED for further proceedings
consistent with this opinion. BOOTH and WIGGINTON, JJ., concur.
437-CITE: 496 So.2d 918 Eugene Emory THOMAS, Appellant, v. STATE of Florida, Appellee.
TEXT: SANDERLIN, Judge. Appellant was charged with four counts of aggravated battery and one
count...entences. We affirm the judgment and sentences in all other respects. Affirmed and remanded
with directions. LEHAN, A.C.J., and FRANK, J., concur.
438-CITE: 629 So.2d 1004 Florence APPEL, Petitioner, v. Suzie QUILANTANG and the North River Insurance
Company, Respondents.
TEXT: PER CURIAM. Petitioner, plaintiff in a personal injury suit, seeks review by certiorari of
a...is case did not require the production of anything which was not discoverable, we deny
certiorari. DELL, C.J., and KLEIN and PARIENTE, JJ., concur.
439-CITE: 461 So.2d 993 William WALKER, Appellant, v. GULF AND WESTERN FOOD PRODUCTS and National
Employers Company, Appellees.
TEXT: SHIVERS, Judge. In this workers compensation case, the claimant appeals the deputy
commissio... the deputy s order, being supported by competent, substantial evidence, is AFFIRMED.
WENTWORTH, J., concurs. NIMMONS, J., concurs in result only.
440-CITE: 617 So.2d 439 COSMOS CONTRACTING CO. and Executive Risk Consultants, Inc., Appellants
Cross-Appellees, v. Leonard COURTNEY, Appellee Cross-Appellant.
TEXT: PER CURIAM. This cause is before us on appeal and cross appeal from a final order awarding
t... are remanded for reconsideration in light of this opinion. In all other respects the order
below is affirmed. BOOTH, KAHN AND MICKLE, JJ., concur.
441-CITE: 496 So.2d 150 ACME OIL COMPANY and Hill, Richards, Inc. (formerly Self Insured Services,
Inc.), Appellants, v. The STATE FARM INSURANCE COMPANY, Appellee.
TEXT: SHIVERS, Judge. Acme Oil Company and Hill, Richards Inc. (formerly Self Insured Services,
In...s State Farm to reimburse Hill, Richards under Section 440.42(3), Florida Statutes for the full
amount. REVERSED. ERVIN and THOMPSON, JJ., concur.
442-CITE: 637 So.2d 1008 ALLSTATE INSURANCE COMPANY, Appellant, v. Kenneth W. THOMAS, Jannie M. Thomas,
his wife, and Marvin Zalkin, Appellees.
TEXT: POLEN, Judge. Allstate Insurance Company (Allstate), defendant below, appeals from a final
j... of Thomas s injuries from the first accident. Accordingly, the final judgment is affirmed in
all respects. DELL, C.J., and STEVENSON, J., concur.
443-CITE: 725 So.2d 434 CSX TRANSPORTATION, INC., Petitioner, v. Ray CARPENTER, Ruth K. Davis, Hancock
Citrus, Inc., South Central Florida Express, Inc., and Highlands County Board of County
Commissioners, Respondents.
TEXT: PER CURIAM. This certiorari proceeding principally concerns a discovery order requiring CSX
...ertiorari granted in part, denied in part, and the order of the circuit court quashed in part.
PARKER, C.J., and FULMER and NORTHCUTT, JJ., Concur.
444-CITE: 553 So.2d 1376 Ann Wright McMILLION and Walter McMillion, Appellants, v. James Daniel WHALEN
and Sunshine Office Supplies, Inc., Appellees.
TEXT: CAMPBELL, Chief Judge. Appellants in this appeal present the single question of whether the
... the plaintiff s medical evidence of permanent injury based on a reasonable degree of medical
probability. Affirmed. RYDER and LEHAN, JJ., concur.
445-CITE: 588 So.2d 287 David John SIZENSKY, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, David Sizensky, was convicted of DUI manslaughter and reckless
d...evidence of impairment here. We, therefore, reverse and vacate appellant s conviction for DUI
manslaughter. RYDER, A.C.J., and PARKER, J., concur.
446-CITE: 636 So.2d 753 Dennis MANCUSO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse appellant s conviction for leaving the scene of an accident which
kil... (FN3) California, also, does not have a statutory requirement of willfulness but still
requires an instruction on constructive knowledge of injury.
447-CITE: 549 So.2d 195 Enrique VASQUEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Enrique Vasquez appeals judgments of conviction and an upward departure
sentence...t have affected the departure sentence. Albritton v. State, 476 So.2d 158 (Fla.1985).
Accordingly, the sentence under review is affirmed. Affirmed.
448-CITE: 435 So.2d 337 Ellen G. Dodson McCORMICK Appellant, v. EUROPEAN HEALTH SPA and Kemper Insurance
Company, Appellees.
TEXT: ZEHMER, Judge. In this worker s compensation case, the claimant appeals an order denying
her...in accordance with Flesche v. Interstate Warehouse, 411 So.2d 919 (Fla. 1st DCA 1982).
Affirmed. ROBERT P. SMITH, Jr., and WENTWORTH, JJ., concur.
449-CITE: 547 So.2d 337 ALTERMAN TRANSPORT LINES, Appellant, v. Kandies RUST, Appellee.
TEXT: BARFIELD, Judge. The employer appeals from a final order of the deputy commissioner
awarding...iem for the first and last days of a trip. Therefore, it is clear that claimant worked at
least 62 days of the 91 day period preceding the accident.
450-CITE: 659 So.2d 1248 UNITED WAY OF AMERICA and St. Paul Insurance Company, Appellants, v. Thomas
MERLO, Appellee.
TEXT: PER CURIAM. Appellants, the employer and carrier in this workers compensation matter,
challe...that he reasonably believed such was the case. The claim is barred by the statute of
limitations. REVERSED. BARFIELD, KAHN and DAVIS, JJ., concur.
451-CITE: 474 So.2d 1264 DIXIE INSURANCE COMPANY, Appellant, v. Paul E. BEAUDETTE, et al., Appellee.
TEXT: Sharp, Judge. Dixie Insurance Company (Dixie) challenges a trial court s order finding that
... 124 So.2d 721 (Fla. 2d DCA 1960) and Home Indem. Co. v. Alday, 213 So.2d 13 (Fla. 1st DCA 1968),
do not address the same issue raised in this case.
452-CITE: 731 So.2d 158 James D. CRAWFORD, Appellant Cross-Appellee, v. Cynthia CRAWFORD, Appellee
Cross-Appellant.
TEXT: HARRIS, J. The issue in this case is whether a settlement received by the husband for
injuri...o reconsider all requested relief, including attorney s fees, in light of this opinion.
REVERSED and REMANDED. PETERSON and THOMPSON, JJ., concur.
453-CITE: 716 So.2d 867 Beverly R. WALTNER, Appellant, v. Edward WELDINK and James Randolph Evans,
individually and jointly d b a Subway Sandwich Shop, a foreign corporation, Appellees.
TEXT: PER CURIAM. The plaintiff, Beverly R. Waltner, appeals an adverse final summary judgment in
...ertzberg v. Hedzberg, 639 So.2d 175, 175 *868 (Fla. 3d DCA 1994); Holland v. Verheul, 583 So.2d
788, 789 (Fla. 2d DCA 1991). Reversed and remanded.
454-CITE: 458 So.2d 425 AUTO CLUB INSURANCE ASSOCIATION, a foreign corporation, Appellant, v. Julius
MEYER, Appellee.
TEXT: LEHAN, Judge. We reverse the trial court s denial of defendant insurance company s motion
to...les v. White, 439 So.2d 1048 (Fla. 2d DCA 1983). Reversed and remanded for proceedings
consistent herewith. RYDER, C.J., and CAMPBELL, J., concur.
455-CITE: 627 So.2d 1255 Maria RAMOS, Appellant, v. AMBU-CAR OF DADE COUNTY, INC., a Florida
corporation, Appellee.
TEXT: GERSTEN, Judge. Appellant, Maria Ramos (Ramos), appeals an order reducing a jury s award of
...arnis, 451 So.2d at 454. Accordingly, we reverse and remand with directions to reinstate the
jury s verdict for $20,000.00. Reversed and remanded.
456-CITE: 463 So.2d 484 Walter L. CULLARS and Linda Lea Cullars, husband and wife, Appellants, v.
MANATEE COUNTY, a political subdivision of the State of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. Appellants (Mr. and Mrs. Cullars) brought this suit to recover
d...emand for further proceedings consistent with this opinion. REVERSED AND REMANDED. SCHOONOVER,
J., and SHAFER, ROBERT T., Associate Judge, concur.
457-CITE: 506 So.2d 1145 Robert MANLEY, Appellant, v. BENNETT S TRUCK EQUIPMENT and Claims Mgmt.
Systems, Appellees.
TEXT: ERVIN, Judge. Appellant appeals an order of the deputy commissioner (dc) finding that
appell...e of compensability, he is entitled to attorney s fees. Reversed and remanded for further
consistent proceedings. SHIVERS and ZEHMER, JJ., concur.
458-CITE: 652 So.2d 370 STATE of Florida, Petitioner, v. Dennis MANCUSO, Respondent.
TEXT: HARDING, Justice. We have for review Mancuso v. State, 636 So.2d 753, 755 (Fla. 4th DCA
1994...l. We do not address the other issues raised by Mancuso. It is so ordered. GRIMES, C.J.,
and OVERTON, SHAW, KOGAN, WELLS and ANSTEAD, JJ., concur.
459-CITE: 719 So.2d 942 HOLIDAY INN, Appellant, v. Lisa L. JOHNSON, Appellee.
TEXT: PER CURIAM. This is an appeal from a final order awarding benefits under the workers
compens...Dr. Gonzalez. In all other respects, the order is affirmed. Affirmed in part and reversed
in part. BENTON, VAN NORTWICK and PADOVANO, JJ., concur.
460-CITE: 649 So.2d 261 Arthur SMITH, Appellant, v. SEMINOLE KRAFT CORP. and Kemper Group, Appellees.
TEXT: SMITH, Senior Judge. The claimant in this workers compensation case appeals an order in
whic...tment for the swelling. For the foregoing reasons, the order appealed is REVERSED and the
cause is REMANDED. ZEHMER, C.J., and BENTON, J., concur.
461-CITE: 599 So.2d 243 Gary MICHAEL, Appellant, v. NATIONAL INDUSTRIES, INC. and Liberty Mutual
Insurance Co., Appellees.
TEXT: PER CURIAM. Claimant, Gary Michael, appeals a workers compensation order denying his claim
f... American Freight Systems, 565 So.2d 378 (Fla. 1st DCA 1990). REVERSED AND REMANDED FOR FURTHER
PROCEEDINGS. SMITH, ZEHMER and ALLEN, JJ., concur.
462-CITE: 632 So.2d 100 Eugene BENSON, Appellant, v. OKEECHOBEE COUNTY SHERIFF S DEPARTMENT and ISAC,
Appellees.
TEXT: WEBSTER, Judge. In this workers compensation case, claimant seeks review of an order
denying... remanded with directions that a hearing be held on the merits of the claim. REVERSED and
REMANDED, with directions. JOANOS and KAHN, JJ., concur.
463-CITE: 629 So.2d 1084 Helen MARTIN, Appellant, v. UNITED PARCEL SERVICE, INC., Appellee.
TEXT: MICKLE, Judge. Helen Martin appeals from an order of the trial court granting final summary
...show unequivocally the absence of negligence on its part. We therefore REVERSE and REMAND for
further proceedings. SMITH and LAWRENCE, JJ., concur.
464-CITE: 678 So.2d 879 Eugenio YAMPIERRE and Teresa Yampierre, Appellant, v. SEMINOLE CASUALTY
INSURANCE COMPANY, Appellee.
TEXT: ON MOTION FOR CLARIFICATION HARRIS, Judge. We grant Appellee s Motion for Clarification
and... that even a stranger, if using the covered vehicle with the owner s consent, is covered by
the policy. Does a prior designation really do any more?
465-CITE: 509 So.2d 352 LUMBERMENS MUTUAL CASUALTY COMPANY, Appellant, v. Susan AUGUST, Appellee.
TEXT: WALDEN, Judge. This is an appeal from an order granting Susan August s, appellee s,
Petition...the borrowing statute does not apply, the Florida statute of limitations, where the cause
of action arose, controls. Thus, the action is not barred.
466-CITE: 438 So.2d 1030 Charles TURNER, D.D.S. and Chubb Group Insurance, Appellants, v. Waydean D.
HARMON, Appellee.
TEXT: WIGGINTON, Judge. As the sole issue for review in this workers compensation case, employer
c...fficient to establish causation based upon reasonable medical probability. Chiles at 1293.
REVERSED. ROBERT P. SMITH, Jr., and BOOTH, JJ., concur.
467-CITE: 722 So.2d 938 Mark J. FELDMAN, Esquire, Appellant, v. NEW ALLIANCE INSURANCE COMPANY, Elena
Tauler, Esq., and Daniel Bryant, Appellees.
TEXT: PER CURIAM. In the underlying case, attorney Mark J. Feldman represented Daniel Bryant in a
...er under review and remand for determination of the amount of attorney s fees due Mr. Feldman
from the insurer and then for indemnification, if any.
468-CITE: 480 So.2d 171 WINN-DIXIE STORES, INC., Appellant, v. Antonio ROCA, Appellee.
TEXT: NESBITT, Judge. This is an appeal from a final order granting distribution on a worker s
com...monstrate that he did not recover the full value of damages sustained because of comparative
negligence or collectibility. See Section 440.39(3)(a).
469-CITE: 430 So.2d 578 Joann SCHARFSCHWERDT, individually and as parent and natural guardian of Otto
Scharfschwerdt, a minor, Appellant, v. ALLSTATE INSURANCE COMPANY, etc., Appellee.
TEXT: COWART, Judge. In accordance with Lackore (FN1) we agree that the rationale of Dewberry
(FN2...ed the principle stated in this case in our Per Curiam Affirmed decision in Sparks v.
Allstate Insurance Company, 413 So.2d 899 (Fla. 5th DCA 1982).
470-CITE: 596 So.2d 798 Freddy TAYLOR, Appellant, v. METROPOLITAN DADE COUNTY, Appellee.
TEXT: PER CURIAM. In this appeal of a workers compensation order, the claimant challenges the
deni... the statute. The appealed order is reversed and remanded for the JCC to include findings on
this question. ZEHMER, MINER and WEBSTER, JJ., concur.
471-CITE: 467 So.2d 364 Gilda L. FERNANDEZ and McDill Columbus Corporation, Appellants, v. Magali A.
FLORES, Frank A. Fernandez and Virginia E. Fernandez, Appellees.
TEXT: RYDER, Chief Judge. This appeal arises from an automobile accident that occurred at the
inte...ribution. Affirmed in part, reversed in part and remanded for further proceedings consistent
with this opinion. SCHOONOVER and LEHAN, JJ., concur.
472-CITE: 483 So.2d 522 Connie RILEY and George Riley, Jr., her husband, Appellants, v. FRED OWENS
MOTORS, Appellee.
TEXT: COBB, Chief Judge. In this case, the appellants challenge an adverse summary judgment and
th...a cause of action based on an employer-employee relationship. Under these facts I think the
filing of an amended complaint should have been allowed.
473-CITE: 654 So.2d 561 Joel A. USSERY, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We deny a petition for certiorari seeking relief from an order allowing the
stat...DCA 1994). We agree with Hunter, conclude that its requirements were met here, and therefore
deny certiorari. WARNER, POLEN and KLEIN, JJ., concur.
474-CITE: 647 So.2d 195 OGDEN ALLIED SERVICES and The Travelers Insurance Company, Appellants, v. Billy
BRYANT, Appellee.
TEXT: PER CURIAM. This cause arises from an order of the judge of compensation claims (JCC)
awardi...ttendant care benefits only to the extent of this opinion. All other aspects of the JCC s
order are affirmed. BOOTH, WOLF AND WEBSTER, JJ., concur.
475-CITE: 696 So.2d 1305 Peter E. CREIGHTON, Carol Creighton, and Peter E. Creighton, as Personal
Representative of the Estate of Madeline Creighton, deceased, Appellants, v. STATE FARM MUTUAL
AUTOMOBILE INSURANCE CO., a foreign corporation, Appellee.
TEXT: PATTERSON, Judge. Peter Creighton, Carol Creighton, and Peter Creighton, as personal
represe...mily or you are purchasing uninsured motorist limits less than your bodily injury
liability limits when you sign this form. Please read carefully.
476-CITE: 586 So.2d 436 Raymond KENDRICK and Susie Kendrick, Appellants, v. MIDDLESEX DEVELOPMENT
CORPORATION, Wesley Burnham, Nall Investment Company, Monarch Corporation, Edgewater Beach Resort
Management, Inc., Edgewater Beach Resort Community Association, Inc., and Cox Building Corporation,
Appellees.
TEXT: SMITH, Judge. Appellants appeal two summary final judgments: one in favor of appellees,
Midd...a matter of law, and thus the summary judgment for Cox was premature. REVERSED and REMANDED
for further proceedings. ERVIN and ALLEN, JJ., concur.
477-CITE: 556 So.2d 1163 Candace Jean SCHUCK, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, Judge. Appellant raises three points on appeal. We affirm points I and III. As to
poi...ury resolved the reckless versus accident issue against appellant. I fail to see how the jury
instruction in question constituted fundamental error.
478-CITE: 691 So.2d 21 Shirley SULLIVAN, Appellant, v. Glenda KLEIN, Appellee.
TEXT: ON MOTION FOR REHEARING GRANTED PER CURIAM. We grant appellant s motion for rehearing,
with...ses or in the interest of justice, any court of record may transfer any civil action to any
other court of record in which it may have been brought.
479-CITE: 711 So.2d 86 LEON COUNTY SCHOOL BOARD and Gallagher Bassett Services, Appellants, v. Joseph
GREEN, Appellee.
TEXT: PER CURIAM. Appellants, the employer and carrier in this appeal of a worker s compensation
o...support the JCC s findings that the claimant s psychiatric condition was causally connected to
his industrial accident. Accordingly, I would affirm.
480-CITE: 679 So.2d 1298 ALLSTATE INDEMNITY COMPANY, Appellant, v. Edna M. BERNIER, Janet E. Bernier, et
al, Appellee.
TEXT: HARRIS, Judge. In 1988, Allstate Indemnity Company (Allstate) issued a multiple-vehicle
insu...f its policy in light of the modification ordered by Ms. Bernier. Proper venue is in Sarasota
County. AFFIRMED. GOSHORN and THOMPSON, JJ., concur.
481-CITE: 574 So.2d 285 James F. DONOVAN, Jr., Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, a
foreign corporation, Appellee.
TEXT: PATTERSON, Judge. Donovan appeals from the dismissal of his complaint, with prejudice, in
an...in the five-year limitation period. Reversed and remanded with directions to reinstate Donovan
s complaint. DANAHY, A.C.J., and FRANK, J., concur.
482-CITE: 736 So.2d 792 The ARIES INSURANCE COMPANY, Appellant, v. Angel ESPINO, Appellee.
TEXT: PER CURIAM. Angel Espino, a pedestrian, was struck by a vehicle operated by Bruce Veil of
La...on or addition of statutorily defined classes to the Legislature. Accordingly, the award of
attorney s fees in Espino s favor is therefore reversed.
483-CITE: 673 So.2d 141 Randy THOMAS and Sarah Thomas, Appellant, v. PRUDENTIAL PROPERTY AND CASUALTY,
etc., et al., Appellee.
TEXT: ANTOON, Judge. In this action for declaratory relief, we affirm the trial court s final
judg...ing to motor power of a watercraft is unambiguous and must be enforced. Accordingly, we
affirm. AFFIRMED. PETERSON, C.J., and DAUKSCH, J., concur.
484-CITE: 617 So.2d 379 David R. FIERRO and Melanie Tyann FIERRO, Appellants, v. The CROM CORPORATION, a
Florida corporation, Appellee.
TEXT: CAMPBELL, Judge. This is an appeal from a summary judgment entered for appellee, an
employer...d 74 (Fla. 3d DCA), rev. denied, 574 So.2d 143 (Fla.1990). We, therefore, affirm the
summary judgment entered below. RYDER and PARKER, JJ., concur.
485-CITE: 463 So.2d 551 STATE of Florida, Petitioner, v. Hoyt Lee EDWARDS, Respondent.
TEXT: FRANK D. UPCHURCH, Jr., Judge. The State of Florida petitions for a writ of certiorari to
re...2d 720 (Fla. 3d DCA 1966). Petition for writ of certiorari GRANTED and the order of the
circuit court is QUASHED. DAUKSCH and COWART, JJ., concur.
486-CITE: 547 So.2d 1065 Richard WALDMAN, as Personal Representative of the Estate of Bryce Waldman,
Deceased, et al., Appellants, v. CELLAR DOOR CONCERTS SOUTH, INC., et al., Appellees.
TEXT: ON MOTION FOR REHEARING DELL, Judge. Respondent s motion for rehearing is granted in part.
... instructions to grant appellants a rehearing on Surf Production, Inc. s motion to dismiss.
REVERSED and REMANDED. ANSTEAD and STONE, JJ., concur.
487-CITE: 648 So.2d 166 Darrel CUMMINGS, Appellant, v. STATE of Florida, Appellee.
TEXT: GLICKSTEIN, Judge. We reverse appellant s conviction for murder in the second degree and
rem...d 1312 (Fla. 1st DCA 1992), rev. denied, 613 So.2d 4 (Fla.1993). It failed to do so.
PARIENTE, J., and KROLL, KATHLEEN J., Associate Judge, concur.
488-CITE: 577 So.2d 619 GENERAL REPAIR SERVICE, INC. and Auto-Owners Insurance Company, Appellants, v.
Neil D. McKENZIE, Appellee.
TEXT: WIGGINTON, Judge. Appellants, E C, appeal the Judge of Compensation Claims award of
temporar... weekly wage to the extent reported to the employer in writing as taxable income received
in the course of employment from others than the employer.
489-CITE: 434 So.2d 1007 Ross HILLSON, Appellant, v. FLORIDA STEEL CORP., Appellee.
TEXT: MILLS, Judge. In this workers compensation appeal, Hillson seeks review of the deputy
commis... 20% impairment rating was based on other injuries. The denial of PPD benefits was,
therefore, correct. Affirmed. BOOTH and SHIVERS, JJ., concur.
490-CITE: 630 So.2d 1222 Stephen W. TAYLOR, Appellant, v. DICK CARROLL GOODYEAR and Claims Center,
Appellees.
TEXT: PER CURIAM. The claimant, Stephen W. Taylor, appeals a final compensation order denying
bene...rding payment of Mease Hospital. AFFIRMED in part, REVERSED in part, and REMANDED for
further proceedings. BOOTH, BARFIELD and ALLEN, JJ., concur.
491-CITE: 559 So.2d 291 James Kelvin BLOCKER, Appellant, v. WJA REALTY LIMITED PARTNERSHIP, d b a Tampa
World Jai Alai, Appellee.
TEXT: LEHAN, Acting Chief Judge. In this personal injury action we affirm the trial court s
dismis...dealer knew was incompetent behind the wheel and who then injured plaintiff in automobile
accident). Affirmed. THREADGILL and PARKER, JJ., concur.
492-CITE: 695 So.2d 1304 SPECIAL DISABILITY TRUST FUND DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,
STATE OF FLORIDA, Appellant, v. SPACE COAST PLASTERING and Florida Insurance Guaranty Association,
Appellees.
TEXT: PER CURIAM. The Special Disability Trust Fund (Fund) timely appeals a workers compensation
o...statute in effect at the time of the industrial accident. The order is AFFIRMED. ERVIN and
BENTON, JJ., and SMITH, LARRY G., Senior Judge, concur.
493-CITE: 583 So.2d 1118 Anthony HUIZING, Appellant, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE
COMPANY, Appellee.
TEXT: PER CURIAM. Affirmed. See Reddick v. Globe Life & Accident Ins. Co., 575 So.2d 207 (Fla.
1st...ore BASKIN, JORGENSON and LEVY, JJ. TEXT: PER CURIAM. Affirmed. See Reddick v. Globe Life &
Accident Ins. Co., 575 So.2d 207 (Fla. 1st DCA 1990).
494-CITE: 439 So.2d 311 BALBOA INSURANCE COMPANY, a corporation, Appellant, v. HARRY LEE MOTORS, INC.,
Florida corporation, Appellee.
TEXT: PER CURIAM. The appellant insurance company contends that it does not have to pay actual
ca... we do hereby modify the final judgment in this regard to that amount. Therefore the final
judgment is affirmed as modified. Affirmed as modified.
495-CITE: 593 So.2d 615 PROTECTIVE NATIONAL INSURANCE COMPANY OF OMAHA, Appellant, v. EMPIRE FIRE AND
MARINE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Protective National Insurance Co. of Omaha appeals an order determining
uninsure... affirm under authority of Chicago Insurance Co. v. Dominguez, 420 So.2d 882 (Fla. 2d DCA
1982), review denied, 430 So.2d 450 (Fla.1983). Affirmed.
496-CITE: 566 So.2d 25 MILMAR ROOFING CO., INC., and Feisco, Appellants, v. Moses James JONES, Appellee.
TEXT: WENTWORTH, Judge. Employer carrier seek review of a workers compensation order by which
they...t to compel denial of the claim. Cf. Section 61.12(h), and 83.20, Larson s Workmen s
Compensation Law. Affirmed. SMITH and WIGGINTON, JJ., concur.
497-CITE: 576 So.2d 417 Rolf GRAYSON and Myra Grayson, his wife, Appellants, v. CARNIVAL CRUISE LINES,
INC., Appellee.
TEXT: PER CURIAM. The cruise line passenger injured in this slip and fall action appeals the
summa...al evidence), review denied, 534 So.2d 402 (Fla.1988). Accordingly, the summary judgment
granted the cruise line is reversed and the case remanded.
498-CITE: 506 So.2d 475 John C. PARKER, Appellant, v. ATLAS MUTUAL INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a summary judgment entered in favor of
At...of the vehicle. Accordingly, the judgment below is affirmed. BOOTH, C.J., and MILLS, J.,
concur. WENTWORTH, J., dissents without written opinion.
499-CITE: 444 So.2d 87 Olga RAMOS and Olga Neris, Appellants, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellants were charged and convicted of making false statements under oath
... ------------ (FN1) The sentences were probation with one of the conditions being restitution of
the funeral expenses to the father of the deceased.
500-CITE: 490 So.2d 1037 Gary TRIPP, Appellant, v. SHEFFIELD STEEL PRODUCTS and F.C.C.I. Fund,
Appellees.
TEXT: PER CURIAM. This cause is before us on appeal from a final order in a worker s compensation
... of the final order, we reverse and remand for an evidentiary hearing on the issue of causation.
BOOTH, C.J., and SMITH and WENTWORTH, JJ., concur.
501-CITE: 557 So.2d 945 BOULEVARD MANOR NURSING HOME and United Self Insured Services, Appellants, v.
Onnalee LACOMBE, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal of an order awarding temporary disability
be...d 829 (Fla. 1st DCA 1985). The order below is reversed and remanded with directions to deny
the requested benefits. JOANOS and MINER, JJ., concur.
502-CITE: 730 So.2d 782 GEICO GENERAL INSURANCE COMPANY, Appellant, v. Doris Roberts ARNOLD, as Personal
Representative of the Estate of Adam Aaron Arnold, Doris Roberts Arnold, Individually and Richard W.
Arnold, individually, Appellees.
TEXT: PER CURIAM. The appellant, Geico General Insurance Company ( Geico ), appeals an adverse
fin...he two accidents to $200,000. We therefore reverse and remand with instructions that final
summary judgment be entered in favor of Geico. Reversed.
503-CITE: 550 So.2d 1174 Freddy ALVARADO, Appellant, v. MANRO, INCORPORATED, et al., Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiff in a negligence action, Freddy Alvarado,
from... paid to the plaintiff. Velez v. Oxford Dev. Co., 457 So.2d 1388 (Fla. 3d DCA 1984), rev.
denied, 467 So.2d 1000 (Fla.1985). Reversed and remanded.
504-CITE: 721 So.2d 391 Timothy E. DUFFY, Appellant Cross-Appellee, v. Tara C. DUFFY, Appellee
Cross-Appellant.
TEXT: W. SHARP, Judge. Timothy Duffy appeals from an amended final judgment of dissolution. He
cha...it necessary to emphasize to the trial judge that the short duration of this marriage should
be considered in deciding whether to award any alimony.
505-CITE: 548 So.2d 825 Paul SLAUGHTER, Appellant, v. L & A CONTRACTING CO. and U.S. Fidelity & Guaranty
Co., Appellees.
TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which a claim
was...espite the deputy s initial comments claimant was not deprived of a fair hearing. The order
appealed is affirmed. NIMMONS and ZEHMER, JJ., concur.
506-CITE: 584 So.2d 194 Mineola Edwards BRYANT, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: GOSHORN, Chief Judge. Mineola Bryant appeals the order striking her insurer, Allstate
Insura...ent, burglary, or theft, its legal effect is not different from the legal effect of
separate policies each against one of the grouped risks. . . .
507-CITE: 563 So.2d 186 GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, et al., Appellants, v. SOUTHERN
INSURANCE COMPANY, Appellee.
TEXT: W. SHARP, Judge. General Accident Insurance Company of America ( General Accident ) appeals
...t s judgment on that point, and remand for entry of a judgment consistent with this opinion.
REVERSED and REMANDED. DAUKSCH and COBB, JJ., concur.
508-CITE: 617 So.2d 340 STATE of Florida, Appellant, v. Leonard RILEY, Appellee.
TEXT: CORRECTED OPINION KAHN, Judge. The State of Florida brings this appeal pursuant to the
coun...s. WIGGINTON and MICKLE, JJ., concur. ------------ (FN1) We note that appellee does not
argue that the statutory scheme is itself unconstitutional.
509-CITE: 505 So.2d 617 John W. FOWLER, as Guardian of the Person and Property of Jose Luis Macedo
Torres, Incompetent, Appellant, v. GENERAL HOTEL & RESTAURANT SUPPLY CORP., a Florida corporation,
and Michael St. Louis, Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiff from a final judgment entered upon an
adverse... 35 (Fla.1951); Wilson v. Redding, 145 So.2d 252, 253 (Fla. 2d DCA 1962). The final
judgment under review is, therefore, in all respects Affirmed.
510-CITE: 447 So.2d 369 Susie O QUINN, Appellant, v. SEIBELS, BRUCE & COMPANY, a South Carolina
corporation, Appellee.
TEXT: ERVIN, Chief Judge. Appellant, O Quinn, appeals a final summary judgment entered in favor
of...n following the accident of February 1981. Because summary judgment was therefore premature the
judgment is REVERSED. BOOTH & ZEHMER, JJ., concur.
511-CITE: 602 So.2d 980 Bernard BRADLEY, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant, Bernard Bradley, appeals from an order requiring him to pay
resti...ke v. State, 366 So.2d 46 (Fla. 2d DCA 1978), cert. denied, 374 So.2d 99 (Fla.1979). For
the foregoing reasons, we affirm the order of restitution.
512-CITE: 564 So.2d 215 In re FORFEITURE OF 1986 ROLLS ROYCE VIN #SCAZN42ACGC X15256. PUBSCO, INC.,
Appellant, v. STATE of Florida DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellee.
TEXT: PER CURIAM. In this appeal, the appellant challenges the forfeiture of a Rolls Royce titled
...tality in *216 the commission of a felony. The final judgment of forfeiture is, therefore,
reversed. REVERSED. LETTS, DELL and STONE, JJ., concur.
513-CITE: 689 So.2d 424 Jack LONDON and Trina London, Appellants, v. ATLANTIC MUTUAL INSURANCE COMPANY,
Appellee.
TEXT: KLEIN, Judge. We withdraw our previously issued opinion and substitute the following in its
..., which will be limited to plaintiff s comparative negligence, if any, and damages. WARNER, J.,
and HAZOURI, FREDERICK A., Associate Judge, concur.
514-CITE: 674 So.2d 940 AMERICAN AIRLINES and Alexsis, Appellants, v. Sheree Renee LeFEVERS, Appellee.
TEXT: DAVIS, Justice. American Airlines and Alexsis (E C) appeal an order of the Judge of
Compensa...la.L.Weekly D654, -- So.2d -- (Fla. 1st DCA March 13, 1996). Accordingly, the order of
the JCC is AFFIRMED. BARFIELD, C.J., and ERVIN, J., concur.
515-CITE: 477 So.2d 662 ALLSTATE INSURANCE COMPANY, Appellant, v. Daniel Patrick DASCOLI, Appellee.
TEXT: SHARP, Judge. Allstate Insurance Company appeals from a final judgment confirming an
arbitra...under the policy. (FN2) Lee v. State Farm Mutual Auto. Ins. Co., 339 So.2d 670 (Fla. 2d
DCA 1976), cert. denied, 348 So.2d 954 (Fla.1977). (FN3) Id.
516-CITE: 458 So.2d 862 Virginia DARBY, Appellant, v. Aaron L. SHEFFER and Liberty Mutual Insurance
Company, Appellees. Virginia DARBY, Appellant, v. Aaron L. SHEFFER, Appellee.
TEXT: GREEN, OLIVER L., Jr., Associate Judge. This is an appeal from a Final Judgment and an
Order...ter for consideration by the trial judge upon conclusion of the new trial. REVERSED AND
REMANDED WITH DIRECTIONS. WALDEN and BARKETT, JJ., concur.
517-CITE: 509 So.2d 386 Rose Marie CAPUTO, Appellant, v. The ESTATE OF Sam CAPUTO, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiff wife, Rose Marie Caputo, from a final
summary...eaten the partners. Accordingly, I would follow Brooks, reverse the summary judgment
entered by the trial court, and remand for further proceedings.
518-CITE: 604 So.2d 869 Carlos LIDSKY, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee.
TEXT: JORGENSON, Judge. Carlos Lidsky appeals from an order of final summary judgment declaring
le... Rate on, Automobile Insurance Policy, Based on Driving Record, 36 A.L.R.4th 1205 (1985 &
Supp.1991). Based upon the foregoing analysis, we affirm.
519-CITE: 476 So.2d 278 Della BURNS and William H. Burns, Appellants, v. Ruth McLaughlin SMITH and State
Farm Mutual Automobile Insurance Company, Appellees.
TEXT: LEHAN, Judge. Plaintiffs, Mr. and Mrs. William H. Burns, appeal in this automobile accident
... . . . Pasakarnis, 451 So.2d at 454. We do not find merit in the additional contention on
appeal. Affirmed. DANAHY, A.C.J., and HALL, J., concur.
520-CITE: 699 So.2d 767 Lila SPARKS-BOOK and Edward A. Book, Jr., her husband, Appellants, v. The SPORTS
AUTHORITY, INC., Appellee.
TEXT: NESBITT, Judge. Plaintiffs-appellants appeal an adverse final judgment and the lower court
s... not at issue, plaintiff was still obligated to prove some connexity between the damages claimed
and the [defendant s tortious conduct]. Id. at 102.
521-CITE: 551 So.2d 551 Shirley M. SMITH and Raymond B. Smith, Appellants, v. Sandy D. HOUSTON and Waste
Management, Inc., Appellees.
TEXT: PARKER, Judge. Shirley and Raymond Smith, who were the plaintiffs in the trial court,
appeal...the complaint alleging loss of consortium. Affirmed in part, reversed in part, and
remanded with directions. SCHEB, A.C.J., and RYDER, J., concur.
522-CITE: 692 So.2d 294 Lennox GRIFFITH, Appellant, v. BUDGET RENT-A-CAR SYSTEMS, INC., a Delaware
corporation, Appellee.
TEXT: GREEN, Judge. Lennox Griffith appeals a final summary judgment finding that appellee,
Budget...automobile was likewise entitled to tort immunity from this cause. The summary judgment
entered in favor of Budget is therefore affirmed. Affirmed.
523-CITE: 574 So.2d 238 William PAULK, Appellant, v. BERKELEY FLORIST SUPPLY and Claims Center,
Appellees.
TEXT: WENTWORTH, Judge. Claimant appeals a workers compensation order by which his claim was
dismi...he limitations period in section 440.19(1), Florida Statutes. The order appealed is
reversed and the cause remanded. BOOTH and MINER, JJ., concur.
524-CITE: 664 So.2d 1088 Jackie LINDSEY, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks review of a departure sentence after convictions for failure to
...r departure on the ground of substantial risk of death or great bodily harm to many persons.
AFFIRMED. GOSHORN, GRIFFIN and THOMPSON, JJ., concur.
525-CITE: 512 So.2d 1031 Linda Sue PARISH, Appellant, v. BAPTIST HOSPITAL, Self-Insured, Appellee.
TEXT: MILLS, Judge. Linda Sue Parish appeals from an order of the deputy commissioner denying her
...y benefits should be denied, except as it relates to benefits flowing from the compensable
accident. I otherwise agree with the majority s opinion.
526-CITE: 614 So.2d 1205 CITY OF MIAMI, Appellant, v. Will H. HAMMOND, Appellee.
TEXT: ZEHMER, Judge. The City of Miami appeals a workers compensation order wherein the judge of
c... Claimant s ordinary disability retirement pension by the amount of his workers compensation
benefits. AFFIRMED. ERVIN and WIGGINTON, JJ., concur.
527-CITE: 568 So.2d 472 Raymond Ivery HATCHER, Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. Raymond Ivery Hatcher appeals his conviction, following a jury trial, for
o...e the witnesses. Accordingly, Hatcher s conviction is REVERSED and the case is remanded for a
new trial. REVERSED. ERVIN and JOANOS, JJ., concur.
528-CITE: 744 So.2d 536 Gerardo ARROYO-MUNOZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Gerardo Arroyo-Munoz ( Arroyo-Munoz ) appeals his convictions for vehicular
homi...new trial. See State v. DiGuilio, 491 So.2d 1129 (Fla.1986). Reversed and remanded for new
trial. BLUE, A.C.J., and FULMER and DAVIS, JJ., Concur.
529-CITE: 530 So.2d 1061 Michael John CONRAD, Appellant, v. ENGINEERING INTERNATIONAL, INC. and Reliance
Insurance Co., Appellee.
TEXT: WENTWORTH, Judge. The appellant Conrad seeks review of a worker s compensation order which
d...r to be fatally deficient. Cf. Roseboom v. H.T. Constructors, Inc., 527 So.2d 234 (Fla. 1st DCA
1988). AFFIRMED. ZEHMER and BARFIELD, JJ., concur.
530-CITE: 515 So.2d 243 Judith M. ALFONSO, Appellant, v. MAC DINTON S RESTAURANT and Florida Insurance
Guaranty Association, Appellees.
TEXT: SHIVERS, Judge. Judith Alfonso (claimant) appeals from the deputy commissioner s order
findi...form her employer of it until May does not invalidate the notice compliance based on the
complaint of an arm injury. ERVIN and ZEHMER, JJ., concur.
531-CITE: 533 So.2d 851 STATE of Florida, Appellant, v. Carol BOWEN, Appellee.
TEXT: ORFINGER, Judge. After accepting defendant s plea of nolo contendere to one count of DUI
man... cause is remanded for sentencing in accordance with the guidelines. Order VACATED and
REMANDED for resentencing. DAUKSCH and DANIEL, JJ., concur.
532-CITE: 517 So.2d 47 Gary BELCHER, Appellant, v. Eileen and Charles FERRARA, individually and as
parents and next friends of Marc Ferrara, a minor, Appellees.
TEXT: PER CURIAM. In Belcher v. Ferrara, 511 So.2d 1089 (Fla. 3d DCA 1987), we held that a trial
c...ffidavits--vociferously objected to by the appellants--which are not part of the Statement of
the Proceedings approved by the parties and the court.
533-CITE: 742 So.2d 294 Charles GULBRANDSEN (Donna Masters, Guardian), Appellant, v. CARLTON WILBERT
VAULT, INC. and FCCI Mutual Insurance Co. (FEISCO), Appellees.
TEXT: PER CURIAM. This appeal arises from an order of the Judge of Compensation Claims
(hereinafte...ding that Claimant had exclusive personal use of the employer-provided vehicle.
Accordingly, we AFFIRM. ERVIN, BOOTH and VAN NORTWICK, JJ., concur.
534-CITE: 557 So.2d 911 Thomas HOLMES, Appellant, v. REDLAND CONSTRUCTION COMPANY, a Florida
corporation, Miami-Dade Water and Sewer Authority, an agency of the State of Florida, and Homestead
Paving Company, a Florida Corporation, Appellees.
TEXT: PER CURIAM. Appellant, Thomas Holmes, appeals a final judgment in favor of appellees,
Redlan...520 So.2d 586 (Fla.1988). Having concluded that a third contention raised by Holmes is
without merit, the final judgment appealed from is affirmed.
535-CITE: 647 So.2d 994 James Lewis REEVES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. James Lewis Reeves appeals his judgments and sentences, rendered after a jury
tr...Stat. (1991). (FN3) The incarcerative portion of the manslaughter sentence fell within the
upper limits of the permitted guideline sentencing range.
536-CITE: 519 So.2d 56 Edward M. CAHILL, Appellant, v. Heiko DORN, Appellee.
TEXT: PER CURIAM. We reverse and remand for a new trial on the authority of Dinowitz v. Weinrub,
4...usly admitted. Another question that might have to be faced is whether violation of section
316.066(4), Florida Statutes, makes for per se reversal.
537-CITE: 704 So.2d 592 RISCORP, Appellant, v. Samuel W. PIERRE, Jr., Ann Marie Pierre and Fair-Ways
Signs Corporation, Appellees.
TEXT: PER CURIAM. Appellant Riscorp challenges a worker s compensation order in which the Judge
of...policy of insurance was in effect on the date of the accident, and no benefits are due.
REVERSED. BARFIELD, C.J., and KAHN and DAVIS, JJ., concur.
538-CITE: 521 So.2d 365 SETZER S CONSTRUCTION COMPANY and Liberty Mutual Insurance Company, Appellants,
v. Ahmed HEBEISHY, Appellee.
TEXT: SHIVERS, Judge. The employer carrier (E C) in this worker s compensation case appeal the
dep...415 (Fla. 1st DCA 1985); South Carolina Insurance Co. v. Blackman, 380 So.2d 1144 (Fla. 1st
DCA 1980). REVERSED. JOANOS and THOMPSON, JJ., concur.
539-CITE: 704 So.2d 1104 EAGLE ATLANTIC CORPORATION, d b a Eagle Marine Services and Boat Rental,
Appellant Cross-Appellee, v. Linda MAGLIO, f k a Linda Maglio Thaw, Appellee Cross-Appellant.
TEXT: GUNTHER, Judge. Eagle Atlantic Corporation ( Eagle Atlantic ) appeals and Linda Maglio (
Mag...d future loss of earning capacity. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
SHAHOOD, J., and RAMIREZ, JUAN, Jr., Associate Judge, concur.
540-CITE: 571 So.2d 65 James Michael PULWICZ, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. Pulwicz appeals that portion of a sentence imposing restitution, as a
conditio...mages suffered as a result of his failure to promptly stop and offer aid at the scene of
the accident. REVERSED. WIGGINTON and MINER, JJ., concur.
541-CITE: 448 So.2d 1201 James A. ADAMS, Appellant, v. The STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING FERGUSON, Judge. The defendant appeals his conviction for
manslaugh...nt report and where appellee *1205 was specifically told that sample was needed for
homicide investigation). Reversed and remanded for a new trial.
542-CITE: 617 So.2d 775 Gwendolyn KAO and Yuan Kao, her husband, Appellants, v. Luis J. LAUREDO,
Appellee.
TEXT: PER CURIAM. Gwendolyn Kao, the plaintiff below, braked because the vehicle in front of her
w...ns to enter an order granting the plaintiffs motion for directed verdict upon the issue of
liability and for a trial solely on the issue of damages.
543-CITE: 556 So.2d 794 FORKLIFTS OF CENTRAL FLORIDA and GAB Business Services, Appellants, v. Jack
BUTLER, Appellee.
TEXT: WIGGINTON, Judge. Appellants, employer carrier, appeal the judge of compensation claims
orde...med, without prejudice to petition further for vocational rehabilitation. Affirmed in part
and reversed in part. ERVIN and WENTWORTH, JJ., concur.
544-CITE: 642 So.2d 99 REGAL MARINE INDUSTRIES and Johns Eastern Company, Inc., Appellants, v. David
DUNKEL, Appellee.
TEXT: PER CURIAM. The employer and carrier appeal, and the claimant cross-appeals, a compensation
...the JCC has overlooked or ignored evidence in the record.). REVERSED and REMANDED for further
proceedings. ERVIN, BARFIELD, and WOLF, JJ., concur.
545-CITE: 611 So.2d 59 Irma RODRIGUEZ, Appellant, v. PRESTRESS DECKING CORP. and Wausau Insurance Co.,
Appellees.
TEXT: KAHN, Judge. Irma Rodriguez appeals a workers compensation order denying her death benefits
...le of these cases, appellant has not met her burden of showing that section 440.02(5) is
unconstitutional. AFFIRMED. MINER and ALLEN, JJ., concur.
546-CITE: 562 So.2d 416 CHAMPION INTERNATIONAL and Aetna Life & Casualty Insurance Company, Appellants,
v. ST. REGIS PAPER COMPANY and Wausau Insurance Company and Charles C. Barnes, Appellees.
TEXT: WIGGINTON, Judge. In this workers compensation appeal Champion International raises three
po...Industrial Commission, 196 So.2d 748 (Fla.1967), for definition of by itself, and see Lindsay
v. Miami Shipbuilding Corp., 199 So.2d 465 (Fla.1967).
547-CITE: 755 So.2d 191 Eddie GOODMAN, Appellant, v. BFI OF FLORIDA, INC., and Risk Services, Inc.,
Appellees.
TEXT: PER CURIAM. Claimant, Eddie Goochnan, appeals an order of the judge of compensation claims
(...tion 440.09(1), Fla.Stat. (1997). REVERSED and REMANDED for further proceedings consistent with
this opinion. ERVIN, ALLEN and DAVIS, JJ., CONCUR.
548-CITE: 512 So.2d 344 GENERAL ACCIDENT INSURANCE COMPANY, Appellant, v. Joseph J. PACKAL d b a Welcome
Video & Electronics, and Borg-Warner Acceptance Corporation, Appellees.
TEXT: DOWNEY, Judge. During the course of discovery in a suit for breach of contract by an
insured...the trial court dated November 5, 1986, fixing the amount of said fees pursuant to our
February 19, 1986, order. LETTS and GLICKSTEIN, JJ., concur.
549-CITE: 629 So.2d 251 Adolfo E. ROBLERO, etc., Appellant, v. AMERICAN GENERAL GROUP INSURANCE COMPANY
OF FLORIDA, etc., Appellee.
TEXT: PER CURIAM. Adolfo E. Roblero, as surviving parent and personal representative of the
Estate...either the policy or the certificate of insurance, the trial court correctly granted final
summary judgment in favor of American General. Affirmed.
550-CITE: 682 So.2d 586 Harris KATZ and Robert Katz, Appellants, v. Medhi GHODSI and Valeria Ghodsi,
Appellees.
TEXT: COPE, Judge. Harris Katz and Robert Katz appeal an order granting new trial. We reverse.
Th...d for a new trial based on the error of the trial court in directing the verdict on the issue
of permanency, but defendant has elected not to do so.
551-CITE: 544 So.2d 1048 William ONESKY, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. Defendant, William Onesky, contends that his convictions and
sent...Rules of Criminal Procedure Re Sentencing Guidelines (Rules 3.701 and 3.988), 509 So.2d 1088
(Fla.1987). Affirmed. DANAHY and PARKER, JJ., concur.
552-CITE: 604 So.2d 861 Carlos CUADROS, Appellant, v. CARNIVAL CRUISE LINES, INC., Appellee.
TEXT: PER CURIAM. Appellant, a seaman, claims the cruise ship on which he was employed made
unlawf...mination of damages and maintenance and cure. We affirm the final judgment in all other
respects. Affirmed in part, reversed in part, and remanded.
553-CITE: 612 So.2d 725 Todd ZENCHAK, Appellant, v. Ernest KAEUFER and Betty Kaeufer, Appellees.
TEXT: CORRECTED OPINION GUNTHER, Judge. This is an appeal of an order declaring a mistrial after
... the jury s verdict. See Eley v. Moris, 478 So.2d 1100 (Fla. 3d DCA 1985). REVERSED AND REMANDED
WITH INSTRUCTIONS. LETTS and HERSEY, JJ., concur.
554-CITE: 675 So.2d 702 WINN DIXIE STORES, INC., Appellant, v. Sarah Jane WHITE, Appellee.
TEXT: GUNTHER, Chief Judge. Appellant, Winn Dixie Stores, Inc., defendant below, seeks review of
t...d and remanded with directions to the trial court to enter a verdict in favor of Winn Dixie.
REVERSED AND REMANDED. FARMER and KLEIN, JJ., concur.
555-CITE: 529 So.2d 779 LEONARD BROS. INDUSTRIAL CONTRACTORS and Riggers Co., Inc., and Carriers
Insurance Company, Appellants, v. The BURKE COMPANY, Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiffs from a final judgment entered upon an
advers...te Dept. of Transp., 299 So.2d 101, 103 (Fla. 1st DCA 1974). The final judgment under
review is reversed and the cause is remanded for a new trial.
556-CITE: 562 So.2d 437 Jorge L. CARBONELL and Yolanda Carbonell, Appellants, v. AUTOMOBILE INSURANCE
COMPANY OF HARTFORD, CONNECTICUT, Appellee.
TEXT: NESBITT, Judge. Appellants challenge an order granting their insurer s motion to dismiss
wit...r dismissing the cause of action and remand for further proceedings on the issue of whether
there was an informed rejection of coverage limitations.
557-CITE: 693 So.2d 127 Paula WOLL, Appellant Cross-Appellee, v. FEDERAL EXPRESS CORPORATION and
Alexsis, Inc., Appellees Cross-Appellants.
TEXT: PER CURIAM. The claimant, Paula Woll, appeals an order of the Judge of Compensation Claims
(...ection 440.34(3)(b), Florida Statutes (Supp.1990), and if so, the amount of the fee. AFFIRMED,
but REMANDED. ERVIN, DAVIS and BENTON, JJ., concur.
558-CITE: 507 So.2d 1189 William MAYHEW, Appellant, v. KELLY-JOHNSTON ENTERPRISES and Cigna Company,
Appellees.
TEXT: MILLS, Judge. In this workers compensation appeal, the claimant contends the deputy
commissi... (Fla. 1st DCA 1986). *1191 REVERSED and REMANDED for further proceedings not
inconsistent with this opinion. WENTWORTH and BARFIELD, JJ., concur.
559-CITE: 644 So.2d 576 CUSHMAN FRUIT AND CLAIMS, Capabilities, Inc. (FFV), Appellants, v. CUSHMAN FRUIT
and Riscorp (FCF), Appellees.
TEXT: WENTWORTH, Senior Judge. This is an appeal from an order of a judge of compensation claims
g...mpany, 379 So.2d 970 (Fla. 1st DCA 1979) Therefore, FFV was the carrier at risk on December 20,
1992. . . . AFFIRMED. MINER and WOLF, JJ., concur.
560-CITE: 614 So.2d 666 METROPOLITAN DADE COUNTY, Appellant, v. Rachel L. BARRY, Appellee.
TEXT: MICKLE, Judge. This appeal is from an order of the judge of compensation claims denying the
...open, which should be treated as a petition for modification, and we remand for a hearing.
REVERSED and REMANDED. WIGGINTON and KAHN, JJ., concur.
561-CITE: 499 So.2d 878 PAN AMERICAN WORLD AIRWAYS and Travelers Insurance Co., Appellants, v. John
MAGUIRE, Appellee.
TEXT: WENTWORTH, Judge. Appellants, the employer carrier (e c), seek review of a workers
compensat...sessment by the parties. The order is reversed and the cause remanded for amendment or
dismissal of the claim. BOOTH, C.J., and MILLS, J., concur.
562-CITE: 675 So.2d 974 Brenda SPENCE, Appellant, v. TRADER PUBLISHING COMPANY and Cigna Insurance
Company, Appellees.
TEXT: KAHN, Judge. After her employment-related injury on April 18, 1993, appellant Brenda Spence
...that Brenda Spence s claim be deemed compensable by operation of section 440.192(8), Florida
Statutes (Supp.1994). BARFIELD and ALLEN, JJ., concur.
563-CITE: 636 So.2d 891 Elna PATTON, Appellant, v. METAL INDUSTRIES and Commercial Risk Management,
Appellees.
TEXT: MICKLE, Judge. Claimant, Elna Patton, appeals from an order of the judge of compensation
cla... for doing so); Philpot v. City of Miami, 541 So.2d 680 (Fla. 1st DCA 1989). REVERSED and
REMANDED, with directions. MINER AND DAVIS, JJ., concur.
564-CITE: 688 So.2d 952 Juana ZANOLETTI, Appellant, v. NORLE PROPERTIES, CORP., Appellee.
TEXT: BARKDULL, Senior Judge. Zanoletti appeals a final judgment entered after a jury verdict in
f... 1352, 1357 (Fla. 1st DCA 1987) (Ervin, J., concurring dissenting). Therefore, the final
judgment is reversed and the case remanded for a new trial.
565-CITE: 752 So.2d 727 FLORIDA POWER & LIGHT COMPANY, Appellant, v. John ESTUPINAN and Jack Estupinan,
Appellees.
TEXT: PER CURIAM. Defendant Florida Power & Light Company ( FP & L ) appeals an adverse final
*728...rt to deny FP & L s motion, and we reverse and remand with directions to enter a verdict in
favor of FP & L. Reversed and remanded with directions.
566-CITE: 645 So.2d 100 Jimmy FRAZIER, Appellant, v. OTIS ELEVATOR COMPANY, Appellee.
TEXT: GREEN, Judge. We affirm the final order granting a new trial filed on behalf of defendant
Ot... as plaintiff s accident with the use of an Otis pallet jack, this evidence should be excluded
at the retrial of this cause. Affirmed and remanded.
567-CITE: 582 So.2d 52 MILMIR CONSTRUCTION and Aetna Life & Casualty Co., Appellants, v. Frederick
SMITH, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from an order recalculating claimant s
avera...esults of self-inflicted injury or disease. A secondary reason is that workers compensation
coverage does not constitute general health insurance.
568-CITE: 527 So.2d 902 Robert Glenn LOFLEY and Doris Lofley, his wife, Appellants, v. INSULTECH, INC.,
a Florida corporation, Appellee.
TEXT: SCHEB, Acting Chief Judge. Glenn and Doris Lofley, plaintiffs below, appeal final judgments
... v. Hughes. Affirmed in part, reversed in part, and remanded for a new trial on Mrs. Lofley s
claim for damages. HALL and THREADGILL, JJ., concur.
569-CITE: 475 So.2d 1023 Philip R. CLAUSELL and Rita Clausell, Appellants, v. James G. BUCKNEY, Jr. and
Government Employees Insurance Company, Appellee.
TEXT: ERVIN, Judge. Appellants, plaintiffs in a personal injury action, appeal from a final
judgme...s enumerated in subsection (2) of Section 627.737. Affirmed in part, reversed in part and
remanded for new trial. SHIVERS and JOANOS, JJ., concur.
570-CITE: 453 So.2d 920 FORTUNE INSURANCE COMPANY, Appellant, v. Gunter P. OEHME, Appellee.
TEXT: SHARP, Judge. Fortune Insurance Company appeals from a final judgment, rendered after a
non-...v. American States Ins. Co., 376 So.2d 473 (Fla. 1st DCA 1979). (FN4) Tapscott v. State Farm
Mut. Auto. Ins. Co., 330 So.2d 475 (Fla. 1st DCA 1976).
571-CITE: 720 So.2d 605 Jorge Luis VIDAL and Mirna Sandigo, Appellants, v. Leopoldo PEREZ and Sylvia
Perez, Appellees.
TEXT: COPE, Judge. Appellants, plaintiffs in an automobile accidant action, appeal the dismissal
o... While reluctant to second-guess the trial court, it is our view that good cause was shown and
the action should not have been dismissed. Reversed.
572-CITE: 537 So.2d 1043 ORLANDO PRECAST PRODUCTS, and Alexis Insurance Company, Appellants, v. Alan
CIOFALO, McKenzie Tank Lines and Hewitt, Coleman & Assoc., Appellees. McKENZIE TANK LINES and
Hewitt, Coleman & Assoc., Cross-Appellants, v. Alan CIOFALO and Orlando Precast Products and Alexis
Insurance Company, Cross-Appellees.
TEXT: SHIVERS, Judge. Employer carrier Orlando Precast Products and Alexis Insurance Company (E C
...87 order finding E C #1 responsible for contribution of costs is AFFIRMED. AFFIRMED IN PART AND
REVERSED IN PART. BOOTH and THOMPSON, JJ., concur.
573-CITE: 596 So.2d 1130 Lee Roy JACKSON, Appellant, v. INDIAN RIVER COUNTY SCHOOL BOARD and Gallagher
Bassett Services, Inc., Appellees.
TEXT: SHIVERS, Judge. Claimant appeals an order of the Judge of Compensation Claims (JCC) denying
...ccident. REVERSED and REMANDED for further proceedings and additional testimony consistent with
this opinion. WIGGINTON and BARFIELD, JJ., concur.
574-CITE: 435 So.2d 929 HARTFORD INSURANCE COMPANY, Appellant, v. CANAL INSURANCE COMPANY, Appellee.
TEXT: THOMPSON, Judge. Hartford Insurance Company (Hartford) appeals a final order awarding Canal
..., the facts on which the earlier decision was predicated did not continue to be the facts in the
later case; therefore the doctrine is inapplicable.
575-CITE: 445 So.2d 1153 Bobby NELSON, Appellant, v. DAVY McKEE, INC., Appellee.
TEXT: MILLS, Judge. In this workers compensation appeal, Nelson contends that the deputy s
finding...ajority, for future resolution any further wage loss claims permitted under the law for
the accident on which this claim against appellee was based.
576-CITE: 700 So.2d 451 Regla HERNANDEZ, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee.
TEXT: POLEN, Judge. The counter-plaintiff in an automobile accident case, Regla Hernandez,
appeals...one, Hernandez was deprived of a fair trial. REVERSED and REMANDED for a new trial in
accordance with this opinion. WARNER and GROSS, JJ., concur.
577-CITE: 711 So.2d 1380 Charlotte A. HARTLEY, Appellant, v. DEPARTMENT OF MANAGEMENT SERVICES, DIVISION
OF RETIREMENT, Appellee.
TEXT: ANTOON, Judge. Charlotte A. Hartley appeals the State Retirement Commission s (Commission)
f...mmission determining that Hartley is not entitled to receive in the line of duty retirement
benefits. REVERSED. DAUKSCH and W. SHARP, JJ., concur.
578-CITE: 647 So.2d 1057 Mollie B. SMITH, Appellant, v. SCHOOL BOARD OF POLK COUNTY and Alexsis Risk
Management, Appellees
TEXT: ERVIN, Judge. Appellant claimant, Mollie Smith, challenges an order of the judge of
compensa...JJ., concur. ------------ (FN2) The other jobs the JCC considered claimant capable of
performing do not appear to be within her medical restrictions
579-CITE: 471 So.2d 1345 Margarito ALFARO a k a Rubin Martinez, Appellant, v. STATE of Florida,
Appellee.
TEXT: ANSTEAD, Chief Judge. This is an appeal from multiple convictions of manslaughter by
drunken...ot he facts of this case, even if we were authorized to do so. Accordingly, we reverse
and remand for a new trial. HURLEY and WALDEN, JJ., concur.
580-CITE: 560 So.2d 1362 FORKLIFTS OF CENTRAL FLORIDA and Transamerica Insurance Co., Appellants, v.
John BERINGER, John Deere Insurance Company and GAB Business Service, Appellees.
TEXT: ERVIN, Judge. In this case, appellants seek review of a compensation order dividing
liabilit...ausation between carriers. (FN3) Any issue regarding apportionment between TIC and
claimant, because of his preexisting condition, is not before us.
581-CITE: 462 So.2d 608 Fred OTTO, Appellant, v. GAYLA CARPETS and Zurich-American Insurance Agency,
Appellees.
TEXT: MILLS, Judge. Otto appeals from a workers compensation order denying his claim for medical
c... order that he found Dr. Jordan s testimony the most logical, well reasoned and acceptable
sufficient. AFFIRMED. JOANOS and BARFIELD, JJ., concur.
582-CITE: 564 So.2d 526 Salvatore FUSCO, Appellant, v. P & S CONSTRUCTION COMPANY and General Accident
Insurance Company, and The Hartford Insurance Company, Appellees.
TEXT: ZEHMER, Judge. Salvatore Fusco appeals a workers compensation order denying him benefits on
... claimant s accident was compensable and determining the benefits due claimant. REVERSED and
REMANDED. NIMMONS, J., concurs. BOOTH, J., dissents.
583-CITE: 444 So.2d 573 ALLSTATE INSURANCE COMPANY, Appellant, v. Gerald G. ROBERTS, Appellee.
TEXT: HERSEY, Judge. This appeal involves construction of the phrase different named insureds as
u... Accordingly we reverse and remand for the entry of judgment consistent with this opinion.
REVERSED AND REMANDED. DOWNEY and BERANEK, JJ., concur.
584-CITE: 577 So.2d 694 Teresa KENSON, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant challenges the denial of a motion to suppress the results of a blood
a...urt s order denying the motion to suppress. Affirmed. ------------ (FN1) Section 316.1933, was
amended by Chapter 88-5, section 4, Laws of Florida.
585-CITE: 676 So.2d 67 J & J BAKER ENTERPRISES and Alexsis, Inc., Appellants, v. Brian GAYLORD,
Appellee.
TEXT: PER CURIAM. In this workers compensation case, the employer carrier (e c) challenge an
order...ly, the award of benefits is REVERSED and the case is REMANDED for proceedings consistent
with this opinion. MINER, KAHN and LAWRENCE, JJ., concur.
586-CITE: 630 So.2d 228 PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY, Appellant, v. Michael J.
SILVERSTEIN, Appellee.
TEXT: PER CURIAM. Affirmed. Sun Life Ins. Co. v. Evans, 340 So.2d 957 (Fla. 3d DCA 1976). ...,
for appellee. Before COPE, GERSTEN and GODERICH, JJ. TEXT: PER CURIAM. Affirmed. Sun Life Ins.
Co. v. Evans, 340 So.2d 957 (Fla. 3d DCA 1976).
587-CITE: 443 So.2d 351 Jose MUNIZ, Appellant, v. GLADES COUNTY SUGAR GROWERS and Employers Insurance of
Wausau, Appellees.
TEXT: THOMPSON, Judge. Claimant appeals an order entered pursuant to his petition for
modification...ationship between the industrial accident and the neck injury is supported by
competent, substantial evidence and I would affirm that determination.
588-CITE: 606 So.2d 1254 Donald B. HOFFERT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from a conviction and sentence following retrial of appellant
...ns. As to the other points raised, we find that any errors were harmless. Accordingly, we affirm.
AFFIRMED. DOWNEY, LETTS and HERSEY, JJ., concur.
589-CITE: 505 So.2d 455 Johnnie Lee UPSHAW, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant appeals the denial of his motion for discharge for
f...nial of his motion for discharge. The denial being proper, we therefore affirm the appellant s
judgment and sentence. LEHAN and FRANK, JJ., concur.
590-CITE: 561 So.2d 345 Michael FESTA and Tamara Festa, husband and wife, Appellants, v. PINE ISLAND
LUMBER, INC., a corporation and Jose Rodriguez, Appellees.
TEXT: RYDER, Acting Chief Judge. Michael and Tamara Festa brought a negligence action against
Pine...BILITY TO DO SO? Affirmed in part, reversed in part and remanded for proceedings consistent
with this opinion. DANAHY and THREADGILL, JJ., concur.
591-CITE: 568 So.2d 542 Lon WALKER, et al., Appellants, v. BURDINES FEDERATED DEPARTMENT STORES, INC.,
Appellee.
TEXT: GRIFFIN, Judge. Appellants seek review of a summary final judgment in a trip and fall case.
...30 So.2d 528 (Fla. 4th DCA 1983); Williams v. Holland, 205 So.2d 682 (Fla. 1st DCA 1968).
REVERSED and REMANDED. DAUKSCH and GOSHORN, JJ., concur.
592-CITE: 736 So.2d 794 METROPOLITAN DADE COUNTY, Appellant, v. Frances MARTINSEN, Appellee.
TEXT: SHEVIN, Judge. Metropolitan Dade County appeals a final judgment in a personal injury case
c...remember all doctors who treated her after the accident. She also did not list two pre-accident
doctors who treated her for neck, back and hip pain.
593-CITE: 441 So.2d 189 Virginia O. KIGHT, Appellant, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, a
foreign corporation, Appellee.
TEXT: COWART, Judge. This case involves whether a person injured in Florida by a non-resident
moto...nal Grange Mutual Insurance Company v. Fondren, 433 So.2d 1276 (Fla. 4th DCA 1983).
AFFIRMED. ORFINGER, C.J., and WATSON, Associate Judge, concur.
594-CITE: 495 So.2d 247 Donald ADKINS, Appellant, v. ECONOMY ENGINEERING COMPANY and Saf-T-Green of
Jacksonville, Inc., Appellees.
TEXT: PER CURIAM. The plaintiff appeals a final summary judgment for defendants in this products
l...properly entered summary judgment for defendants in this case. Affirmed. SCHEB, A.C.J.,
SANDERLIN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
595-CITE: 516 So.2d 1129 Rosie Lee McCANICK and Luther McCanick, Appellants, v. W.J.A. REALTY LIMITED
PARTNERSHIP d b a Miami Jai-Alai Metropolitan Dade County, Appellee.
TEXT: SCHWARTZ, Chief Judge. Rosie McCanick, a patron at the defendant-appellee s Jai-Alai
Fronton...bservable existence immediately before or at the time of the accident, so that the absence
of any previous inspection would have made no difference.
596-CITE: 487 So.2d 1082 McCRORY STORES, INC., and National Union Fire Insurance Company, Appellants, v.
William CLEGHORN Administrator Ad Litem of The Estate of Charlotte V. Cleghorn, (FN*) Appellee.
TEXT: PER CURIAM. This is a consolidated appeal from two orders of the deputy, one awarding
claima...accident. Since I am unable to determine, as was the case in Singletary, that the second
injury was compensable, I would reverse the award of a fee.
597-CITE: 608 So.2d 74 Jorge ORTEGA, Appellant, v. FORTUNE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. This appeal is brought from an order denying attorney s fees. Owing to a
cleric...error which triggered the obligation to also pay attorney s fees. Wollard v. Lloyds and
Companies, 439 So.2d 217 (Fla.1983). Reversed and remanded.
598-CITE: 560 So.2d 1330 FEGLES POWER COMPANY, and Travelers Insurance Company, Appellants, v. Charles
BAGGETT, Appellee.
TEXT: NIMMONS, Judge. The employer and its carrier appeal from a final order awarding claimant
per...ier s claim for apportionment are supported by competent substantial evidence in the record
and hereby AFFIRMED. WENTWORTH and ZEHMER, JJ., concur.
599-CITE: 446 So.2d 1121 John ASNIP, Appellant, v. HARTFORD ACCIDENT & INDEMNITY COMPANY, a foreign
corporation, Appellee.
TEXT: SCHWARTZ, Chief Judge. Asnip was driving a non-owned Ford insured by Hartford, following a
v...e judgment below is reversed for further proceedings consistent herewith, including
consideration of Hartford s remaining policy defense. Reversed.
600-CITE: 468 So.2d 509 Frank FAUST, Jr., Appellant, v. SOUTHEASTERN CONTRACTING & DOOR SERVICE, et al.,
Appellees.
TEXT: PER CURIAM. Claimant appeals a workers compensation order establishing his average weekly
wa...above findings and a proper determination of average weekly wage. AFFIRMED in part and
REVERSED in part. JOANOS, THOMPSON and ZEHMER, JJ., concur.
601-CITE: 554 So.2d 559 HARTFORD ACCIDENT AND INDEMNITY CO., Appellant, v. TRAVELERS INDEMNITY COMPANY,
Appellee.
TEXT: PER CURIAM. Hartford Accident & Indemnity Company (Hartford) appeals orders granting
summary... Florida law. See Cardenas at 496. Finally, we find Hartford s remaining claims without
merit. AFFIRMED. NIMMONS, BARFIELD and MINER, JJ., concur.
602-CITE: 463 So.2d 1241 Mark A. OLDS, Johnny Olds, and Doris Olds, Appellants, v. Herbert L. STEPHENSON
and Ruth S. Stephenson, Appellees.
TEXT: OTT, Acting Chief Judge. This is an appeal by a minor and his parents from a final judgment
...d or prejudiced. We therefore VACATE AND SET ASIDE THE JUDGMENT and REMAND for a new trial on
the issue of damages. DANAHY and LEHAN, JJ., concur.
603-CITE: 695 So.2d 719 STATE of Florida, Petitioner, v. Burt MARSHALL, Respondent.
TEXT: COPE, Judge. The state petitions for a writ of certiorari to review an order of the circuit
...stated, we agree with the ruling of the circuit court. The petition for writ of certiorari is
denied. Certiorari denied; direct conflict certified.
604-CITE: 558 So.2d 179 Brian David FERRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Chief Judge. Appellant, Brian David Ferris, appeals his judgment and sentence
aris... the court-imposed suspension of appellant s driver s license. The judgment and sentence is
otherwise affirmed. DANAHY and ALTENBERND, JJ., concur.
605-CITE: 580 So.2d 190 Howard LEVY, Appellant, v. The TRAVELERS INSURANCE COMPANY and Aetna Casualty
and Surety Company, Appellees.
TEXT: DOWNEY, Judge. The insured, Howard Levy, appeals from a final order dismissing his
complaint...h opinion. FRANK, Associate Judge, dissenting. I adhere to my concurrence in Fladd v.
Fortune Insurance Company, 530 So.2d 388 (Fla. 2d DCA 1988).
606-CITE: 527 So.2d 234 James P. ROSEBOOM, Appellant, v. H.T. CONSTRUCTORS, INC., and Maryland Casualty
Company, and H.B.S.A. and American International Adjustment Company, Appellees.
TEXT: PER CURIAM. Claimant appeals from an order denying his claim for temporary total disability
...failure to give notice within such time period can be excused for a satisfactory reason,
440.185(1), Fla.Stat. (1985), such policy invites problems.
607-CITE: 704 So.2d 150 Altagracia DEPOZO, Appellant, v. SHAWNEE RESORT and Crawford and Company,
Appellees.
TEXT: PER CURIAM. Altagracia DePozo appeals from an order in which the judge of compensation
claim...ntal condition is therefore reversed. The order appealed from is affirmed in all other
respects. BARFIELD, C.J., and ERVIN and BENTON, JJ., concur.
608-CITE: 724 So.2d 694 Hugh BROCKINGTON, Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, etc.,
Appellee.
TEXT: PER CURIAM. AFFIRMED. See General Accident Insurance Company v. Taplis, 493 So.2d 32 (Fla.
5... PER CURIAM. AFFIRMED. See General Accident Insurance Company v. Taplis, 493 So.2d 32 (Fla. 5th
DCA 1986). COBB, HARRIS and PETERSON, JJ., concur.
609-CITE: 751 So.2d 619 L.B. TRUCKING & CONSTRUCTION, INC. f k a L.B. Trucking & Excavating, Inc.,
Appellant, v. HALID IBRAHIMOVIC, et ux., Alvira L. Grant, an individual, and Jackie K. Graham, an
individual, Appellees.
TEXT: PER CURIAM. Appellant appeals from non-final orders granting a temporary injunction
enjoinin... change that result. We reverse and direct the trial court on remand to dissolve the
temporary injunction. GUNTHER, FARMER and KLEIN, JJ., concur.
610-CITE: 495 So.2d 786 RED TOP SEDAN and Emanuel D. Mustillo, Appellants, v. Isadore APPLEBAUM, Janet
Applebaum, Francine Applebaum, United Bus Owners of America, Henri C. Janneau and State Farm Mutual
Automobile Insurance Company, Appellees.
TEXT: PER CURIAM. We reverse the summary final judgment entered in this automobile negligence
acti...ary judgment hearing. See Holton v. H.J. Wilson Co., 482 So.2d 341 (Fla.1986). ANSTEAD and
DELL, JJ., concur. LETTS, J., dissents without opinion.
611-CITE: 736 So.2d 1 ALLSTATE INDEMNITY COMPANY, a corporation, Appellant Cross-Appellee, v. Vicki S.
CLARK, Appellee Cross-Appellant.
TEXT: THREADGILL, Judge. The appellant cross-appellee, Allstate Indemnity Company, appeals an
orde...on for new trial on the issue of liability is affirmed. Reversed on appeal; affirmed on
cross appeal. CAMPBELL, A.C.J., and NORTHCUTT, J., concur.
612-CITE: 547 So.2d 245 Ruth BUSCH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Ruth Busch seeks review of her conviction for DWI-Manslaughter. She argues the
t... mandatory, and the jury is free to weigh the evidence and either accept or reject the
inference. HERSEY, C.J., and POLEN and GARRETT, JJ., concur.
613-CITE: 435 So.2d 947 CUSTODIS CONSTRUCTION and Argonaut Insurance Company, Appellants, v. Bruce M.
REGISTER, Appellee.
TEXT: WIGGINTON, Judge. Employer carrier appeal the deputy commissioner s order finding appellee
R....J., and THOMPSON, J., concur. ------------ (FN1) Scotty s, Inc.; Orange County Board of County
Commissioners v. Brenemen, 233 So.2d 377 (Fla.1970).
614-CITE: 510 So.2d 649 NORTHERN INSURANCE COMPANY OF NEW YORK, Appellant, v. Ishamel Paul HAMPTON,
Appellee.
TEXT: COWART, Judge. This case involves the question of whether a certain death is within an
unins...motion, summary final judgment be entered in favor of the insurer. REVERSED and REMANDED.
DAUKSCH, J., and BEVERLY, V.Q., Associate Judge, concur.
615-CITE: 447 So.2d 459 BENEFICIAL STANDARD LIFE INSURANCE COMPANY, Appellant, v. Willa H. FORSYTH,
Appellee.
TEXT: RYDER, Judge. Beneficial Standard Life Insurance Company (Beneficial) appeals from a final
j...y involved was found to be sufficiently broad to encompass unintended death or injury despite
lack of any identifiable accidental causative agent ).
616-CITE: 573 So.2d 956 AMERICAN FAMILY PIZZA, d b a Godfather s Pizza, and St. Paul Fire and Marine
Insurance Company, Appellants, v. Glenn TAYLOR, Appellee.
TEXT: ALLEN, Judge. In this workers compensation appeal, the employer and carrier appeal the
order... the time of the accident and that his injuries are compensable. Accordingly, the order
appealed is affirmed. SHIVERS, C.J., and BOOTH, J., concur.
617-CITE: 516 So.2d 90 James G. TAUBE, Appellant Cross-Appellee, v. FLORIDA KEYS AQUEDUCT AUTHORITY and
County of Monroe Career Service Council, Appellees Cross-Appellants.
TEXT: JORGENSON, Judge. James Taube, a permanent employee of the Florida Keys Aqueduct Authority
(...aube s drinking and driving. In view of our disposition, we need not address the issue of Taube
s back pay. Reversed and remanded with directions.
618-CITE: 589 So.2d 466 M. Felix FRESHWATER, M.D., Appellant, v. PULGINI PASTA and General Accident
Group, Appellees.
TEXT: PER CURIAM. AFFIRMED. See Atlantic Foundation v. Gurlacz, 582 So.2d 10 (Fla. 1st DCA 1991).
...T: PER CURIAM. AFFIRMED. See Atlantic Foundation v. Gurlacz, 582 So.2d 10 (Fla. 1st DCA 1991).
JOANOS, C.J., and SHIVERS and ZEHMER, JJ., concur.
619-CITE: 553 So.2d 1246 WINN-DIXIE STORES, INC. and Insurance Company of North America, Appellants, v.
GENERAL MOTORS CORPORATION, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiffs Winn-Dixie Stores, Inc. and Insurance Co.
of...nt s entitlement to summary judgment. HUBBART and JORGENSON, JJ., concur. SCHWARTZ, C.J.,
would deny the motion for clarification without opinion.
620-CITE: 537 So.2d 1120 Michael BROWN, Appellant, v. Philip Meaime CHAMPEAU, et al., Appellees.
TEXT: EN BANC COBB, Judge. We consider this matter en banc pursuant to Florida Rule of Appellate
...SED AND REMANDED for further proceedings consistent with this opinion. SHARP, C.J., and DAUKSCH,
ORFINGER, COWART, DANIEL and GOSHORN, JJ., concur.
621-CITE: 436 So.2d 1069 Dorothy STONE as Personal Representative of the Estate of Emma C. Ely,
deceased, Appellant, v. VALLEY FORGE INSURANCE COMPANY, a foreign corporation, and David W. Miner,
as Personal Representative of the Estate of Arthur F. Ely, Appellees.
TEXT: DANAHY, Judge. The issue in this case is whether the estate of a deceased wife is barred
fro...state of a deceased husband. REVERSED and REMANDED for further proceedings consistent with
this opinion. BOARDMAN, A.C.J., and GRIMES, J., concur.
622-CITE: 518 So.2d 467 DIAMOND BLUE CHARTER, INC., Appellant, v. Julius WOLFIN and Jean Antoine,
Appellees.
TEXT: HERSEY, Chief Judge. The dismissal with prejudice of its third-party complaint seeking
indem... have been permitted to amend its complaint to state a cause of action for subrogation.
REVERSED AND REMANDED. GLICKSTEIN and WALDEN, JJ., concur.
623-CITE: 476 So.2d 262 VERO BEACH CARE CENTER and Associated Industries of Florida, Appellants, v.
Betty RICKS, Appellee.
TEXT: SMITH, Judge. The employer carrier (E C) appeal an order of the deputy commissioner
granting...s, are not readily observable, and hence are not susceptible to evaluation by lay
persons. Cintas Corp. v. Price, 424 So.2d 900 (Fla. 1st DCA 1982).
624-CITE: 704 So.2d 600 KIMMINS RECYCLING CORP., Appellant, v. Phyllis ROGERS and Roy Rogers, her
husband, Appellees.
TEXT: STONE, Chief Judge. We reverse an order granting Plaintiff a new trial in this personal
inju...o permanent injury. Therefore, we reverse and remand for entry of a judgment in accordance
with the jury verdict. GUNTHER and FARMER, JJ., concur.
625-CITE: 675 So.2d 142 HARTFORD INSURANCE COMPANY OF THE MIDWEST, a foreign corporation, Appellant, v.
Concepcion MINAGORRI, Appellee.
TEXT: GERSTEN, Judge. Appellant, uninsured motorist carrier Hartford Insurance Company ( Hartford
...s to credit Hartford for the amount of the tortfeasor s liability coverage limits. Affirmed in
part; reversed in part and remanded with directions.
626-CITE: 556 So.2d 798 Maria CHIVERS and Allstate Insurance Company, Appellants, v. Noelle SMITH,
Appellee.
TEXT: STONE, Judge. This is an appeal from an order denying a motion to tax costs in favor of
thir... order is reversed and remanded for a hearing on the appellants motion to tax costs.
GLICKENSTEIN, J. and MUSSELMAN, JACK, Associate Judge, concur.
627-CITE: 757 So.2d 612 Faye Levine EMMER and Norman Emmer, Appellants, v. Marta PEREZ, Dariel Perez,
and Marta Perez, as legal guardian of Dariel Perez, Appellees.
TEXT: GREEN, J. Appellants were the defendants in an action filed by the appellees for injuries
*6... given to her by a non-law enforcement motorist under these factual circumstances. For these
reasons, we affirm the orders under review. Affirmed.
628-CITE: 588 So.2d 267 James RHODES, Jr., and Elouise Rhodes, Husband and Wife, Appellants, v. Donna
EASKOLD, Appellee.
TEXT: SHIVERS, Judge. Appellants, plaintiffs below, appeal the trial court s denial of their
motio...stimony of the doctors should be accepted or rejected. I find no error in the jurors
rejecting the opinion of the doctors on the evidence presented.
629-CITE: 437 So.2d 706 STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellant, v. Ronald R. NORTHROP and
Margaret V. Northrop, Appellees.
TEXT: ZEHMER, Judge. State Farm appeals a final judgment awarding the Northrops $65,000 by
allowin...h parties agree that reversal on the stacking issue requires reversal of the attorney s
fees allowed under Section 627.428, Florida Statutes (1979).
630-CITE: 591 So.2d 291 Jimmy CREWS, deceased, and Rebecca Crews, Appellant, v. DEPARTMENT OF
TRANSPORTATION and Alexsis Risk Management, Appellees.
TEXT: SHIVERS, Judge. The appellant claimant, Rebecca Crews, appeals an order of the judge of
comp...e clear language of the above referenced sections, mandates affirmance of the JCC s denial of
benefits. AFFIRMED. ZEHMER and WEBSTER, JJ., concur.
631-CITE: 513 So.2d 1096 Kent HOWELL, Appellant, v. Kathleen A. FALLS, Appellee.
TEXT: PER CURIAM. Affirmed. LETTS, J., concurs. GLICKSTEIN, J., concurs specially with opinion.
...ar adequate to justify constructive service. Unfortunately, evidence of these efforts was not
presented to the trial court and is not in the record.
632-CITE: 430 So.2d 999 Robert M. MAY, as Father and natural guardian of Scott May, Appellant, v. STATE
FARM MUTUAL AUTOMOBILE INS, CO., Appellee.
TEXT: ANSTEAD, Judge. This is an appeal from a final order denying Robert M. May the right to
stac...king and the statute provides to the contrary. Accordingly, we approve and affirm the
decision of the trial court. HERSEY and HURLEY, JJ., concur.
633-CITE: 486 So.2d 664 DEAN JAYE CONSTRUCTION and Aetna Life and Casualty Company, Appellants, v. Elmer
JOHNSON, deceased, By and Through Madelyn JOHNSON, his wife, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order awarding
dec... injury has the burden of overcoming the established proof and showing that another cause of
the injury is more logical and consonant with reason.
634-CITE: 613 So.2d 526 Emilio ALMAYOR and Telvia Almayor, Appellants, v. STATE FARM FIRE & CASUALTY
COMPANY, Appellee.
TEXT: SCHWARTZ, Chief Judge. At the owner s request, Almayor came to her home to check out and
per...rship, maintenance, use, loading or unloading of: * * * * * * (2). a motor vehicle
owned or operated by or rented or loaned to any insured.
635-CITE: 562 So.2d 811 Thomas R. RESHARD, Appellant, v. Mallena McQUEEN, Appellee.
TEXT: WENTWORTH, Judge. This is an appeal from a judgment entered on jury verdict for plaintiff
ap... be held void . . . provided its direct averments necessarily imply or reasonably require an
inference of the facts necessary to supply the defense.
636-CITE: 565 So.2d 375 AVON PARK CORRECTIONAL INSTITUTE and Alexis Risk Management Service, Appellants,
v. Virginia J. CAMPBELL, Appellee.
TEXT: WOLF, Judge. The employer appeals a workers compensation order awarding certain
compensation...87), we must reverse and remand for further proceedings consistent with this opinion.
Reversed and remanded. SHIVERS, C.J., and BOOTH, J., concur.
637-CITE: 632 So.2d 1105 STATE of Florida, Appellant, v. Rochelle CESARETTI, Appellee.
TEXT: PER CURIAM. This is an appeal from a final order granting a motion to suppress the results
o...njury. See Carbone v. State, 564 So.2d 1253 (Fla. 4th DCA 1990); Jackson. REVERSED AND
REMANDED. DELL, C.J., and POLEN and STEVENSON, JJ., concur.
638-CITE: 683 So.2d 1137 Ramona Lee CALFIN, Petitioner, v. Ronald Vincent McINNIS, Respondent.
TEXT: PER CURIAM. Petitioner Ramona Calfin is the plaintiff in a personal injury suit arising out
...demonstrate irreparable harm not remediable on direct appeal, the petition for certiorari is
dismissed. PARIENTE, STEVENSON and GROSS, JJ., concur.
639-CITE: 498 So.2d 1268 EXECUTIVE HEALTH SERVICES, INC., and Wayne O. Montgomery, M.D., Appellants, v.
STATE FARM FIRE AND CASUALTY COMPANY, Appellee.
TEXT: LEHAN, Judge. This is an appeal from a final summary judgment adverse to the insured in
this...than the insured was entitled to assume. Reversed and remanded for proceedings consistent
herewith. SCHOONOVER, A.C.J., and SANDERLIN, J., concur.
640-CITE: 753 So.2d 146 Juana GARRIGA, Appellant, v. Jorge Rolando GUERRA, Appellee.
TEXT: FLETCHER, Judge. Juana Garriga, the plaintiff below, appeals a final judgment in a personal
...2 (Fla.1996); Cook v. Eney, 277 So.2d 848 (Fla. 3d DCA 1973). But see State Farm Mutual Auto.
Ins. Co. v. Gordon, 712 So.2d 1138 (Fla. 3d DCA 1998).
641-CITE: 541 So.2d 1285 Arthur MOREY, Appellant, v. Carl HARPER, Appellee.
TEXT: ZEHMER, Judge. Arthur Morey appeals a final judgment for Carl Harper, appellee, and the
orde... v. Magaldi. Accordingly, we reverse the judgment and remand this cause for a new trial.
REVERSED and REMANDED. SHIVERS and BARFIELD, JJ., concur.
642-CITE: 463 So.2d 575 Francisca SANTOS, Appellant, v. SCOTT WETZEL SERVICES and Hyatt Orlando,
Appellees.
TEXT: MILLS, Judge. In this workers compensation action, Santos appeals from an order denying
comp...oyer relied upon the false representation. Doric Food Co. v. Allen, 383 So.2d 316 (Fla. 1st
DCA 1980). AFFIRMED. JOANOS and BARFIELD, JJ., concur.
643-CITE: 612 So.2d 584 The STATE of Florida, Petitioner, v. Francis H. KESTER, Respondent.
TEXT: NESBITT, Judge. The state seeks issuance of a writ of certiorari quashing an opinion of the
...93 (Fla.1983). Accordingly, the state s petition is granted. The opinion of the circuit court
appellate division is quashed and the cause remanded.
644-CITE: 492 So.2d 1163 Richard Livingston WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. This is an appeal from the conviction and sentencing of appellant Richard
Li...g of probable cause. We reverse, vacate appellant s sentence, and remand for a new trial.
REVERSED and REMANDED. ZEHMER and BARFIELD, JJ., concur.
645-CITE: 681 So.2d 835 Warren NICHOLS, Appellant, v. Mary BROWN, as Personal Representative of the
Estate of Steven Ray Brown, Deceased, et al., Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from an order of the trial court granting
fi...al representative of the estate of Helen Nichols, was also a plaintiff in the suit. Helen
Nichols, Warren s sister, was killed in the same accident.
646-CITE: 476 So.2d 794 Ben WHITTEN, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: THOMPSON, Judge. Whitten appeals a summary final judgment which held that he was not
covered...ary for granting of summary judgment. (Citations omitted). City of Live Oak, supra, at
413, footnote 3. I would reverse and remand for jury trial.
647-CITE: 468 So.2d 1082 Lynn Davis GOOD, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant Lynn Davis Good appeals from judgments of conviction and
sentences...1981); Williard v. State, 462 So.2d 102 (Fla. 2d DCA 1985). The final judgments and
sentences under review are in all respects affirmed. Affirmed.
648-CITE: 747 So.2d 419 Pamela Evelyn STICK, Appellant, v. Kimberly L. BOSTICK, f k a Kimberly L. McKee,
Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, Pamela Evelyn Stick, challenges the $5,362,656.00
j...reason *420 to set aside the verdict on the basis of prejudice, passion or corruption. The
judgment is affirmed. PARKER and SALCINES, JJ., Concur.
649-CITE: 637 So.2d 37 John D. STANFORD, Appellant, v. CSX TRANSPORTATION, INC., a corporation,
Appellee.
TEXT: ALTENBERND, Judge. John D. Stanford appeals a final summary judgment entered in favor of
CSX...judgment in this case is simply not supported by that kind of conclusive evidence. Reversed
and remanded. DANAHY, A.C.J., and LAZZARA, J., concur.
650-CITE: 534 So.2d 1244 Dean Anthony DEMAIO, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., etc.,
Appellee.
TEXT: COWART, Judge. Roger J. Younglove, named insured under an uninsured motorist coverage
insura...S.W.2d 379 (Tex.Civ.App.1939); Georgia Power Co. v. Moody, 186 Ga. 343, 197 S.E. 844
(1938); Allen v. Cunningham, 143 Tenn. 11, 223 S.W. 450 (1920).
651-CITE: 547 So.2d 1269 YEARGIN CONSTRUCTION CO. and Aetna Life & Casualty Co., Appellants, v. Ilona
HUTCHINSON, Appellee.
TEXT: NIMMONS, Judge. The employer carrier appeal from a final order of the deputy commissioner
aw...edings to allow the deputy to explicate his reasons for accepting Dr. Moroff s testimony.
REVERSED and REMANDED. WENTWORTH and MINER, JJ., concur.
652-CITE: 512 So.2d 1016 NEW DADE APPAREL, INC., and Cigna Insurance Co., Appellants, v. Louis De
LORENZO, Appellee.
TEXT: WENTWORTH, Judge. Appellants, the employer carrier, seek review of a workers compensation
or...le, supra. Under these circumstances, we conclude that appellee s accident is compensable. The
order is affirmed. MILLS and BARFIELD, JJ., concur.
653-CITE: 495 So.2d 847 Enrique Salvador CONDE, Appellant, v. MARLU NAVIGATION CO., LTD., Appellee.
TEXT: HENDRY, Judge. Appellant Enrique Salvador Conde appeals an adverse final judgment entered
pu...icles without justification and with the intention of not returning.) Based upon the
foregoing, the final judgment appealed is affirmed. Affirmed.
654-CITE: 652 So.2d 1208 Marta MAKLAKIEWICZ, as Personal Representative of the Estate of Renata
Maklakiewicz, Appellant, v. Gerald BERTON, Appellee.
TEXT: BASKIN, Judge. Plaintiff appeals a final judgment in a wrongful death action. We reverse.
M... on the foregoing reasoning, the judgment is reversed as to liability, and the cause remanded
for a new trial on this issue. Reversed and remanded.
655-CITE: 500 So.2d 193 Victor RALOSKY, Appellant, v. DYNAMIC BUILDERS, INC. and Hanover Insurance
Company, Appellees.
TEXT: ERVIN, Judge. In this workers compensation appeal, claimant contends that the deputy
commiss...nnection between the foot injury and the claimant s industrial accident is merely
substituting our judgment for that of the deputy. I would AFFIRM.
656-CITE: 634 So.2d 292 Thelma SCOTT, Appellant, v. BISANTI SERVICES, INC. and CNA Insurance Co.,
Appellees.
TEXT: DAVIS, Judge. Claimant, Thelma Scott, suffered an industrial accident on June 28, 1989
while...ED in part and REVERSED in part, and this cause is REMANDED for further proceedings in
accordance with this opinion. ERVIN and MICKLE, JJ., concur.
657-CITE: 592 So.2d 765 Eugene HAMMOCK and Virginia Hammock, Appellants, v. James KENT, Appellee.
TEXT: BARFIELD, Judge. The Hammocks, plaintiffs in a negligence suit arising out of an automobile
...--- (FN1) We do not consider in this appeal the attorney s obligation to allege in good faith
that which he knows or reasonably believes to be true.
658-CITE: 660 So.2d 801 SEMINOLE HEIGHTS UNITED METHODIST CHURCH, INC., and Larry G. Jones, Appellants,
v. Kirit PATEL d b a Columbia Motel and USA Steel Fence Company, Appellees.
TEXT: PARKER, Judge. Seminole Heights United Methodist Church, Inc., and Larry G. Jones appeal
the...Plaintiffs Amended Complaint With Prejudice and Granting Judgment for Defendants. Reversed
and remanded. DANAHY, A.C.J., and CAMPBELL, J., concur.
659-CITE: 485 So.2d 27 FIRST IMPRESSIONS and United States Fidelity & Guaranty Company, Appellants, v.
Hector OLIVA and Division of Workers Compensation, Appellees.
TEXT: WIGGINTON, Judge. Appellants, employer carrier, appeal the deputy commissioner s finding
tha... conditions of the pretrial stipulation. The order is affirmed as amended. ERVIN, J., and
McCORD, GUYTE, P., Jr. (Ret.), Associate Judge, concur.
660-CITE: 450 So.2d 1260 William HANSON and Isabelle Hanson, Appellants, v. GENERAL ACCIDENT FIRE & LIFE
INSURANCE CORPORATION, LTD., etc., et al., Appellees.
TEXT: ANSTEAD, Chief Judge. This is an appeal from a final summary judgment holding that
appellant...ly. Because we have concluded that the exclusion would not apply even if the premises
were controlled by the insured we need not decide this issue.
661-CITE: 746 So.2d 483 Curtis WILLIAMSON and Mary Lou Williamson, Appellants Cross-Appellees, v.
SUPERIOR INSURANCE COMPANY, Appellee Cross-Appellant.
TEXT: PER CURIAM. Curtis Williamson and Mary Lou Williamson (the Williamsons) challenge a final
ju...and damages. Appeal and cross-appeal reversed; remanded for new trial. BLUE, A.C.J.,
CASANUEVA, J., and QUINCE, PEGGY A., ASSOCIATE JUDGE, Concur.
662-CITE: 478 So.2d 115 METROPOLITAN TRANSIT AUTHORITY and Metropolitan Dade County Self-Insurance Fund,
Appellant, v. Thomas BRADSHAW and Division of Workers Compensation, Appellee.
TEXT: MILLS, Judge. Metropolitan Transit Authority and Metropolitan Dade County Self-Insurance
Fun...hysical deterioration have undoubtedly aggravated the claimant s existing psychiatric
condition. I would therefore affirm this portion of the award.
663-CITE: 479 So.2d 160 William SMITH, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Appellee.
TEXT: RYDER, Chief Judge. William Smith appeals from a final declaratory judgment in favor of
Stat...ial court is hereby set aside and the matter remanded for further proceedings consistent with
this opinion. Reversed. LEHAN and HALL, JJ., concur.
664-CITE: 652 So.2d 451 CENTURY ELEVATOR CO., Appellant, v. Myrna SPINOS, Appellee.
TEXT: STONE, Judge. Century Elevator Co., Inc. appeals an order granting an insurance company s
mo...o error. We reverse and remand for the trial court to dismiss for lack of jurisdiction. POLEN,
J., and DONNER, AMY STEELE, Associate Judge, concur.
665-CITE: 463 So.2d 1252 STATE of Florida, Appellant, v. Clarence FULLER, Appellee.
TEXT: SHARP, Judge. The state appeals the trial court s dismissal of count one of an information
w....2d 689 (Fla.1973). Accordingly, the order dismissing Count One of the information is
REVERSED. ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur.
666-CITE: 718 So.2d 270 Bernard E. HITE, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Hite was charged with leaving the scene of an accident resulting in death
and...ed by Hite to his brothers and which admissions were introduced into evidence without
objection. AFFIRMED. GRIFFIN, C.J., and DAUKSCH, J., concur.
667-CITE: 543 So.2d 293 Alma C. SEWARD, Appellant, v. LOKEY OLDSMOBILE, INC., Appellee.
TEXT: DANAHY, Acting Chief Judge. The plaintiff in a personal injury action appeals from a final
j...he middle vehicle to strike the appellant s vehicle. Accordingly, we reverse and remand for
further proceedings. LEHAN and PATTERSON, JJ., concur.
668-CITE: 721 So.2d 421 SPECIAL DISABILITY TRUST FUND, Department of Labor and Employment Security,
State of Florida, Appellant, v. MEYER USA, Appellee.
TEXT: BENTON, Judge. The Special Disability Trust Fund (Fund) appeals an order requiring it to
mak...Stat. (1987), we see no good reason to disturb the findings of the judge of compensation
claims. Affirmed. VAN NORTWICK and PADOVANO, JJ., concur.
669-CITE: 555 So.2d 395 Jose ROBELO, and Nubia Robelo, as Co-Personal Representatives of the Estate of
Javier Alberto Robelo, deceased, on behalf and for the beneift of Jose Robelo, Nubia Robelo and the
Estate of Javier Robelo, deceased, Appellants, v. UNITED CONSUMERS CLUB, INC., and United Consumers
Club Franchise Corporation, Appellees.
TEXT: BASKIN, Judge. Jose and Nubia Robelo appeal the entry of final summary judgment in favor of
... where employer contributed to vehicle s upkeep). The trial court correctly ruled that summary
judgment in favor of UCC was appropriate. Affirmed.
670-CITE: 679 So.2d 839 Patrice CHRISTIAN, individually and, as natural mother and guardian for
Lamarkius Ward and Victoria White, minors, Appellants, v. OVERSTREET PAVING COMPANY, a Florida
corporation, Appellee.
TEXT: SCHOONOVER, Acting Chief Judge. The appellant, Patrice Christian, individually and as
natura...dingly, reverse the final summary judgment and remand for proceedings consistent herewith.
Reversed and remanded. PARKER and WHATLEY, JJ., concur.
671-CITE: 652 So.2d 415 David J. ADY, as Personal Representative of the Estate of Janet A. Ady,
deceased, Appellant, v. AMERICAN HONDA FINANCE CORPORATION a k a AHFC, a California corporation,
Appellee.
TEXT: SCHOONOVER, Judge. The appellant, David J. Ady, as personal representative of the Estate of
...t that our sister court s decision in Gedert would require a different result, we disagree with
it. Affirmed. FRANK, C.J., and FULMER, J., concur.
672-CITE: 528 So.2d 1291 The TRAVELERS INSURANCE COMPANY, Appellant, v. John Morgan NETTLES, and D.P.
Enterprises a k a David Petree Enterprises, Appellees.
TEXT: ERVIN, Judge. The dispute in this workers compensation appeal centers around whether the
wor...mant in its employment, and that he remained in such employment at the time of the
work-related injury. AFFIRMED. JOANOS and NIMMONS, JJ., concur.
673-CITE: 654 So.2d 634 Eulidia GONZALEZ, Appellant, v. PUBLIX and ITT Specialty Risk Services,
Appellees.
TEXT: PER CURIAM. The claimant has sought review of a non-final order that denied her request for
...dvised to carefully review this Court s opinion in Southern Bakeries v. Cooper. *635 BARFIELD
and KAHN, JJ., concur. ALLEN, J., concurs in result.
674-CITE: 714 So.2d 657 Constance Long CARRIER, et al., Appellant, v. Garland W. RAMSEY and Yvette L.
Ramsey, etc., Appellee.
TEXT: ANTOON, Judge. While stopped at a red light, Garland Ramsey was hit from behind by a car
dri...pinion in this case. We will not gainsay its reasoned conclusion. See Ramirez, 542 So.2d at
355. AFFIRMED. GRIFFIN, C.J., and DAUKSCH, J., concur.
675-CITE: 578 So.2d 467 OCEAN PAVILION and Atlas General Agency, Appellants, v. Victor BETANCOURT,
Appellee.
TEXT: SMITH, Judge. The employer carrier (E C) appeal an order of judge of compensation claims
(JC...arked; he maintained the driveways so that they were open to traffic; he cleaned debris from
the area; and he roped off the entrance when necessary.
676-CITE: 756 So.2d 1035 John KNIGHT, Appellant, v. STATE of Florida, Appellee.
TEXT: SHAHOOD, J. Appellant was found guilty by a jury of DUI manslaughter leaving the scene of
an... s conviction must be reversed. See State v. DiGuilio, 491 So.2d 1129, 1139 (Fla.1986).
REVERSED AND REMANDED WARNER, C.J., and GROSS, J., concur.
677-CITE: 471 So.2d 644 George W. POHLMAN and Lucy Pohlman, Appellants, v. FIREMAN S FUND INSURANCE
COMPANY, Sheila Fuerst, Compar Enterprises, Inc., d b a Commercial Insurance Agency, a dissolved
Florida corporation, through its directors and statutory trustee, Richard Rathbun, and International
Insurance Company, an Illinois corporation, Appellees.
TEXT: PER CURIAM. The trial court entered summary final judgment for the defendants declaring
that... October 1, 1980, constituted the issuance of a new policy which incorporated the statutory
amendment to Section 627.4132 effective October 1, 1980.
678-CITE: 465 So.2d 606 LIBERTY MUTUAL INSURANCE COMPANY, a foreign corporation, and Aventura Country
Club, a Florida general partnership d b a Turnberry Isle Country Club and Turnberry Isle Yacht and
Raquet Club, Appellants, v. Rose KIMMEL, Appellee.
TEXT: PER CURIAM. The appellant contends that the Supreme Court opinion reported in Schoen v.
Gilb...ng Company, Inc., v. Bachanov, 436 So.2d 236 (Fla. 3d DCA 1983). Therefore the final
judgment here under review be and the same is hereby affirmed.
679-CITE: 479 So.2d 828 FLAGSHIP NATIONAL BANK OF BROWARD COUNTY and Peninsular Fire Insurance Co.,
Appellants, v. Susan HINKLE, Sun Bank of Broward County, and Liberty Mutual Insurance Co.,
Appellees.
TEXT: ZEHMER, Judge. The issue in this workers compensation case is whether the deputy
commissione... other contexts, judicial reconsideration of prior judicial construction of statutes
may be dictated by many factors other than statutory amendment.
680-CITE: 432 So.2d 131 CAROLINA CASUALTY INSURANCE COMPANY, Appellant, v. The HERTZ CORPORATION,
Appellee.
TEXT: PER CURIAM. AFFIRMED. See Hartford Accident and Indemnity Company, Inc. v. Liberty Mutual
I...ford Accident and Indemnity Company, Inc. v. Liberty Mutual Insurance Company, Inc., 277 So.2d
775 (Fla.1973). COBB, SHARP and COWART, JJ., concur.
681-CITE: 742 So.2d 847 Michael UTVICH, Appellant, v. Mario FELIZOLA, Appellee.
TEXT: COPE, J. Appellant Michael Utvich, the defendant in this auto accident action, appeals a
jur...ovisions of the no-fault act. ). Thus, taxi drivers do not fall within the scope of the
statutes requiring claimants to prove permanency. Affirmed.
682-CITE: 590 So.2d 1028 NATIONAL ADVERTISING 3M and Gab Business Services, Appellants, v. Elaine WISE,
Appellee.
TEXT: WIGGINTON, Judge. Appellants, employer carrier, appeal the judge of compensation claims
orde...REMANDED for further proceedings, if necessary, and for entry of a new order in light of the
errors recognized herein. ERVIN and WOLF, JJ., concur.
683-CITE: 599 So.2d 1359 William A. FINNEY, Appellant, v. AGRICO CHEMICAL CO. and Liberty Mutual
Insurance Co., Appellees.
TEXT: ZEHMER, Judge. William Finney appeals a final order denying his claim for workers
compensati...94 (Fla. 1st DCA 1990), the decisions of the court in those cases compel the result
reached in Judge Zehmer s foregoing opinion. I therefore concur.
684-CITE: 701 So.2d 1209 SPECIAL DISABILITY TRUST FUND, Appellant, v. HUBBARD CONSTRUCTION COMPANY and
CNA Insurance Companies, Appellees.
TEXT: BARFIELD, Chief Judge. The Special Disability Trust Fund (SDTF) appeals an order requiring
i...onstruction and misapplication of the law to these particular facts. The order requiring
reimbursement is REVERSED. ERVIN and BENTON, JJ., concur.
685-CITE: 671 So.2d 298 Daniel KNIGHT and Rebecca Knight, Appellants, v. ROBERTS RV RESORT, Appellee.
TEXT: RYDER, Acting Chief Judge. Daniel and Rebecca Knight s personal injury action against
Robert... of fact precludes summary judgment, and, therefore, reverse. Reversed and remanded for
further proceedings. CAMPBELL and SCHOONOVER, JJ., concur.
686-CITE: 439 So.2d 1009 Barbara ARMSTRONG and Donald E. Armstrong, Sr., Appellants, v. MUNFORD, INC.,
Appellee.
TEXT: LEHAN, Judge. This is a personal injury action against a vendor of alcoholic beverages
arisi...ida Statutes (1981), notwithstanding the enactment of section 768.125, Florida Statutes
(1981). AFFIRMED. HOBSON, A.C.J., and SCHEB, J., concur.
687-CITE: 596 So.2d 768 Vicente H. URIBE, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Vicente H. Uribe, while driving without a valid license, drove into the rear
...e is blank. (FN2) On remand, the trial court might wish to consider whether section 775.089(5),
Florida Statutes (1991) is appropriate in this case.
688-CITE: 724 So.2d 1222 Caroline GILBERT, Appellant, v. PUBLIX SUPERMARKETS and Care Administrators
Services, Appellees.
TEXT: PER CURIAM. Caroline Gilbert, the claimant and a former assistant manager for the
employer-a...So.2d --, 1998 WL 821772, 23 *1223 Fla.L.Weekly D2521 (Fla. 1st DCA, November 12,
1998). AFFIRMED. BENTON, VAN NORTWICK and PADOVANO, JJ., CONCUR.
689-CITE: 595 So.2d 210 GATOR TIRE and First Southern Insurance Co., Appellants, v. Carl CASTEEL,
Appellee.
TEXT: PER CURIAM. The employer carrier (E C) appeal an order of the judge of compensation claims
*... such issue on appeal. Rodriguez v. Howard Industries, 588 So.2d 646, fn. 2 (Fla. 1st D.C.A.
1991). AFFIRMED. ERVIN, SMITH and ALLEN, JJ., concur.
690-CITE: 511 So.2d 601 HARTFORD ACCIDENT & INDEMNITY COMPANY, a Foreign corporation, the Hartford
Insurance Company of the Southeast, a Florida corporation, Appellants, v. Benny MATHIS, Appellee.
TEXT: FEDER, RICHARD Y., Associate Judge. This is an appeal following a verdict in favor of an
ins...position of punitive damages. We have considered all other matters raised by appellant and
have rejected them. ANSTEAD and GLICKSTEIN, JJ., concur.
691-CITE: 438 So.2d 174 Michael MAHONEY, Appellant, v. SEARS, ROEBUCK & COMPANY and Crawford & Company,
Appellees.
TEXT: BOOTH, Judge. Claimant appeals an order of the deputy commissioner denying his request for
f... below is AFFIRMED. MILLS and SHIVERS, JJ., concur. ------------ (FN1) Mahoney v. Sears,
Roebuck & Company, 419 So.2d 754, 755 (Fla. 1st DCA 1982).
692-CITE: 583 So.2d 703 Jeff T. TREVISOL, Appellant, v. FORD MOTOR CREDIT COMPANY, Appellee. STATE FARM
MUTUAL AUTO INSURANCE CO., Appellant, v. FORD MOTOR CREDIT COMPANY, Appellee.
TEXT: HERSEY, Chief Judge. Appellee Ford Motor Credit Company entered into a long-term auto lease
...00 in property damage insurance coverage. Therefore, the statute does not apply to this case.
REVERSED AND REMANDED. DOWNEY and DELL, JJ., concur.
693-CITE: 516 So.2d 87 Hiradia GUTIERREZ, Iris Arango and Armando Arango, her husband, Appellants, v. L.
PLUMBING, INC. and Nathan L. Lerner, Appellees.
TEXT: DANIEL S. PEARSON, Judge. Viewing the evidence and all reasonable inferences therefrom most
...ruling would have resulted in a reinstatement of a jury verdict rather than a remand for a
costly, time-consuming, and wholly unnecessary new trial.
694-CITE: 493 So.2d 1105 McRAE FIRE PROTECTION and CNA Insurance Group, Appellants, v. JOHN McRAE, McRAE
Fire Protection and Chubb Group of Insurance Companies, Appellees.
TEXT: SMITH, Judge. Employer carrier (E C) seek review of the deputy commissioner s order
awarding...other evidence establishing a causal relation to the compensable accident. The order
appealed from is AFFIRMED. JOANOS and WIGGINTON, JJ., concur.
695-CITE: 442 So.2d 1109 AMERICAN FIRE & CASUALTY COMPANY, Appellant, v. Bernard W. BIGGER, Appellee.
TEXT: LETTS, Judge. The sole question before this court is whether the insured rejected higher
uni...utes an election to continue the lower coverage limit. Accordingly, we reverse and remand in
accordance herewith. BERANEK and HERSEY, JJ., concur.
696-CITE: 587 So.2d 636 Beverly MITCHELL, Appellant, v. SCHINDLER HAUGHTON ELEVATOR COMPANY, etc., et
al., Appellees.
TEXT: PER CURIAM. This is an appeal of an award of attorney s fees pursuant to section 57.105,
Flo....2d 594 (Fla. 2d DCA 1985); Klein v. Layne, Inc., 453 So.2d 203 (Fla. 4th DCA 1984). Based on
the foregoing, the attorney s fees award is reversed.
697-CITE: 556 So.2d 1215 Joseph BOUCHARD, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Judge. A detailed statement of the subsidiary evidence forming the basis for Joseph
B...cordingly, we reverse Bouchard s conviction, vacate his sentence and remand this matter for a
new trial. RYDER, A.C.J., and SCHOONOVER, J., concur.
698-CITE: 597 So.2d 375 Thomas GILLEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Thomas Gillen raises four points on appeal from his conviction for second
degree...he instruction *377 did not produce a risk of confusion requiring a new trial. Affirmed.
FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
699-CITE: 746 So.2d 466 Thomas J. WOLSKI and Susan Schwartz Wolski, Appellants, v. Kenneth M. CLARK and
Ellesa Clark, individually and as husband and wife, Appellees.
TEXT: PER CURIAM. The appellants, Thomas J. Wolski and Susan Schwartz Wolski, challenge a final
ju... a new trial on the issue of damages. *468 Reversed and remanded with instructions.
SCHOONOVER, A.C.J., and THREADGILL and PATTERSON, JJ., concur.
700-CITE: 542 So.2d 1028 AETNA CASUALTY & SURETY COMPANY, an insurance company authorized to do business
in the State of Florida, Appellant, v. GROWERS PROPERTIES, NO. 58 LTD., a California limited
partnership, Appellee.
TEXT: ALTENBERND, Judge. Aetna appeals a judgment in favor of Growers which declared that Aetna
pr...ses were owned and alienated during the policy period. The judgment of the trial court is
affirmed. THREADGILL, A.C.J., and PATTERSON, J., concur.
701-CITE: 635 So.2d 995 Joseph MOUNT, Appellant, v. KASH N KARRY and Scott Wetzel Services, Appellees.
TEXT: PER CURIAM. In this workers compensation case, the claimant challenges an order of the
Judge...ury. Because the JCC failed to make findings on this question, the case is REMANDED for
further consideration. BOOTH, MINER and KAHN, JJ., concur.
702-CITE: 747 So.2d 404 UNITED STATES FIRE INSURANCE COMPANY, Appellant, v. TRANSPORTATION CASUALTY
INSURANCE COMPANY, Appellee.
TEXT: SHAHOOD, J. This is an appeal by United States Fire Insurance Company (U.S.Fire) from a
Fina...ngs consistent with this opinion. AFFIRMED IN PART; REVERSED IN PART AND REMANDED. TAYLOR,
J., and ROTHSCHILD, RONALD J., Associate Judge, concur.
703-CITE: 554 So.2d 623 Timothy DAWSON, Caridad Paula and Oswaldo Paula, Appellants, v. Herbert RIDGLEY,
Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiff Timothy Dawson and the defendants
cross-claim... otherwise valid derivative claim. See Garcia v. City of Hialeah, 550 So.2d 1158, 1159
n. 1 (Fla. 3d DCA 1989). Affirmed in part; reversed in part.
704-CITE: 637 So.2d 69 METROPOLITAN DADE COUNTY, Appellant, v. Jacqueline RUSSELL, Appellee.
TEXT: MICKLE, Judge. This is an appeal from an amended order of the judge of compensation claims
(...ing Claimant s entitlement, if any, to benefits and to future medical treatment. REVERSED and
REMANDED for findings. MINER and DAVIS, JJ., concur.
705-CITE: 602 So.2d 510 In re INQUIRY CONCERNING a Judge re Richard J. FOWLER.
TEXT: PER CURIAM. This proceeding is before the Court for review and disposition of a recommended
...ecision in this case, we should allow the parties and all other interested persons an opportunity
to be heard on this issue. McDONALD, J., concurs.
706-CITE: 569 So.2d 493 Russell HANSTEIN, Appellant, v. CITY OF FT. LAUDERDALE, Appellee.
TEXT: PER CURIAM. Claimant appeals a workers compensation order by which a claim for benefits was
...der the Florida Workers Compensation Law. The order appealed is reversed and the cause remanded.
SHIVERS, C.J., and BOOTH and ZEHMER, JJ., concur.
707-CITE: 578 So.2d 294 Tamekia Love DORVIL, a minor, by and through her father, Jean DORVIL, and Jean
Dorvil, individually, Appellants, v. PUROLATOR COURIER CORP., a New York corporation, and Cheryl
Evette Triplett, Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiffs, Tamekia Love Dorvil, a minor, by and
throug...ause is remanded to the trial court for a new trial on damages as to the minor plaintiff s
orthopedic injuries. Affirmed in part; reversed in part.
708-CITE: 519 So.2d 1150 SAFECO INSURANCE COMPANY OF AMERICA, a foreign corporation, Appellant, v. Chana
ENGEL, Appellee.
TEXT: PER CURIAM. Affirmed. Keel v. Independent Life & Accident Ins. Co., 99 So.2d 225
(Fla.1957);... 99 So.2d 225 (Fla.1957); Hayslip v. Douglas, 400 So.2d 553, 555 (Fla. 4th DCA 1981);
Pollock v. Reserve Ins. Co., 258 So.2d 328 (Fla. 3d DCA 1972).
709-CITE: 632 So.2d 103 AETNA CASUALTY & SURETY CO., Appellant, v. Eileen HOUGHTON and Mickey Chase
Enterprises, Appellees.
TEXT: PER CURIAM. This is a workers compensation case. Claimant filed a claim for benefits naming
... to recover a fee from Aetna, we reverse that portion of the order. AFFIRMED IN PART; and
REVERSED IN PART. JOANOS, KAHN and WEBSTER, JJ., concur.
710-CITE: 439 So.2d 916 Robert BOLAND, Appellant, v. SUNCOAST RENT-A-SCOOTER, INC., Robert Leo Jean and
ABC Insurance Company, Appellees.
TEXT: HOBSON, Acting Chief Judge. Appellant, Robert Boland, appeals the trial court s final
judgme...r to the submission of evidence at trial. See Cashell at 562. REVERSED and REMANDED for
further proceedings. CAMPBELL and SCHOONOVER, JJ., concur.
711-CITE: 672 So.2d 617 Joseph SUMMERS, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The defendant appeals from his conviction for manslaughter. We have reviewed
th...isled the trial judge here. In any event, the instruction given here was substantially and
prejudicially erroneous even under the long form version.
712-CITE: 538 So.2d 545 COURTESY CORPORATION and Adjustco, Inc., Appellants, v. Wayne HOLLAND, Appellee.
Wayne HOLLAND, Appellant, v. COURTESY CORPORATION and Adjustco Insurance Company, Appellees.
TEXT: ERVIN, Judge. These two consolidated cases are before us for review of two different orders
...s, James F. Haddon is manager of Quincy Marine. He hired the claimant in September 1986 as a
salesman. The claimant worked through April 1987. . . .
713-CITE: 534 So.2d 828 Michael J. FRANKLIN, Appellant, v. PALM BEACH COUNTY, Appellee.
TEXT: DOWNEY, Judge. Appellant, Michael J. Franklin, seeks reversal of a final order that
dismisse...of Insurance, within 3 years after such claim accrues and the Department of Insurance or
the appropriate agency denies the claim in writing. . . .
714-CITE: 620 So.2d 1120 Christopher M. ARMSTRONG, Appellant, v. STATE of Florida, Appellee.
TEXT: DIAMANTIS, Judge. Appellant appeals from a probation order requiring him to pay restitution
...appellant to maintain full-time and part-time employment. AFFIRMED in part; MODIFIED in part;
REVERSED in part. GRIFFIN and THOMPSON, JJ., concur.
715-CITE: 706 So.2d 136 OAK FOREST PARTNERS, LTD., d b a Oak Forest Apartments, Appellant, v. RELIANCE
INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. AFFIRMED. See VanBibber v. Hartford Accident and Indemnity Insurance Company,
43...Bibber v. Hartford Accident and Indemnity Insurance Company, 439 So.2d 880 (Fla.1983). COBB
and HARRIS, JJ. and ORFINGER, M., Senior Judge, concur.
716-CITE: 483 So.2d 553 J.M. FOSTER, INC. and Bituminous Casualty Corporation, Appellants
Cross-Appellees. v. N.A. LOGAN, INC. and American States Insurance Company, Appellees
Cross-Appellants.
TEXT: McCORD, GUYTE P., Jr. (Ret.), Associate Judge. J.M. Foster, Inc. (Foster) appeals from an
or...employer on the date of the accident and therefore responsible for payment of his worker s
compensation benefits. ERVIN and WIGGINTON, JJ., concur.
717-CITE: 447 So.2d 232 Martha KRASNOSKY, John E. Krasnosky, Jr., and South Carolina Insurance Company,
Appellants, v. Edna M. MEREDITH, Appellee.
TEXT: WIGGINTON, Judge. The present suit arose from a one-car accident in Georgia, occurring
appro...f the Restatement s significant relationships test clearly serves to further the ends of
justice. AFFIRMED. ERVIN, C.J., and THOMPSON, J., concur.
718-CITE: 487 So.2d 39 Michael ZUPPARDO, Appellant, v. Diana O HARE, Appellee.
TEXT: CAMPBELL, Judge. Appellant appeals the jury verdict in favor of appellee and the resulting
f...nce bearing upon appellant s cause of action was erroneously excluded, we reverse and remand for
a new trial. GRIMES, A.C.J., and HALL, J., concur.
719-CITE: 637 So.2d 996 VENICE NURSING PAVILION and United Self Insured Services, Appellants, v. Rhonda
WALCHLE, Appellee.
TEXT: PER CURIAM. This appeal arises from an order of the judge of compensation claims (JCC)
findi...orrect the order regarding Dr. Lose s prior authorization. All other respects of the JCC s
order are affirmed. BOOTH, MINER, and KAHN, JJ., concur.
720-CITE: 468 So.2d 358 George DEMOYA, Caribex International Co., Inc., a Florida corporation, and
Lumbermens Mutual Casualty Company, a foreign corporation, Appellants, v. Sandra LORENZO, as
Personal Representative of Kenneth Lorenzo, Deceased, Appellee.
TEXT: BASKIN, Judge. DeMoya appeals an adverse final judgment entered in a wrongful death action
b... trial court on the basis that our holding in Nunziato is binding as a matter of stare decisis
where the facts are the same. Reversed and remanded.
721-CITE: 648 So.2d 1235 Manuel ALMEIDA, Appellant Cross-Appellee, v. LONGLEAF FOREST PRODUCTS and
Sewell Todd & Broxton, Inc. Appellees Cross-Appellants.
TEXT: PER CURIAM. Claimant Manuel Almeida is the appellant and cross-appellee in this workers
comp...is case distinguishable from Tolvanen v. Eastern Airlines, 287 So.2d 299 (Fla.1973) (finding
apportionment between first and second carrier proper).
722-CITE: 564 So.2d 132 Richard BECKER and Carole Becker, husband and wife, Appellants, v. WINN-DIXIE
STORE, INC., a Florida corporation, and Snowhite Dust Control Services, Inc., jointly and severally,
Appellees.
TEXT: PER CURIAM. AFFIRMED. GUNTHER, J., and FRANK, RICHARD H., Associate Judge, concur.
ANSTEAD...t happened involving a mat and a sliding door. I agree that this is not enough to state a
claim for legal liability against the supplier of the mat.
723-CITE: 443 So.2d 160 Dorothy Lyles WILSON, as personal representative of the Estate of Joann Lyles
Ratliff, deceased, Appellant, v. CHARTER MARKETING COMPANY, a Florida corporation, Appellee.
TEXT: MILLS, Judge. Wilson, as personal representative of the Estate of Joan Lyles Ratliff,
brough...herefore, Wilson was not prejudiced by Charter s failure to disclose the existence of these
reports. AFFIRMED. THOMPSON and WIGGINTON, JJ. concur.
724-CITE: 476 So.2d 753 NORTH AMERICAN TRAINING ACADEMY and Nationwide Insurance Company, Appellants, v.
Bettina M. GROOMS, widow of Aubura G. Grooms, deceased for herself and for her minor child, Aubura
Lee Grooms, Appellees.
TEXT: BARFIELD, Judge. The employer carrier appeals a final workers compensation order. The
questi...erence changes the legal principles to be applied, and we agree with the result reached in
that opinion. AFFIRMED. SMITH and SHIVERS, JJ., concur.
725-CITE: 470 So.2d 852 Walter COOPER, deceased, Nadine Cooper, Appellant, v. J.A. STEPHENS and Florida
Farm Bureau of Casualty Insurance Co., Appellees.
TEXT: JOANAS, Judge. This is an appeal from a workers compensation order in which the deputy
commi... benefits is reversed and the cause is remanded for further proceedings consistent with this
opinion. ZEHMER, J., concurs. THOMPSON, J., dissents.
726-CITE: 675 So.2d 180 Veronica CASTILLO, as personal representative of the Estate of Marcial Castillo,
Appellant, v. Deon HUELL, Donald J. Guest, Sr., and Adams & Beagles Roofing Co., Appellees.
TEXT: FLETCHER, Judge. Plaintiff Veronica Castillo, as personal representative of the estate of
he...isher Island work the company did not provide truck transportation but made certain that
roofers got to the job site by car pooling where necessary.
727-CITE: 755 So.2d 167 Jeffrey BROWN, Appellant, v. TRAVELERS INDEMNITY CO., etc., Appellee.
TEXT: PER CURIAM. Jeffrey Brown appeals from the lower court s final summary judgment entered in
f...ty Mut. Ins. Co., 557 So.2d 638, 639 (Fla. 3d DCA 1990). The final summary judgment is reversed
and this cause is remanded for further proceedings.
728-CITE: 563 So.2d 833 Lisa Ellyn FRIEDMAN, Appellant, v. ALAMO RENT-A-CAR, INC., a Florida
corporation, Appellee.
TEXT: PER CURIAM. AFFIRMED. LETTS, J., concurs. ANSTEAD, J., concurs specially with opinion.
DE...rs, as applied, constituted an unconscionable restriction to the collision damage waiver. See
Davis v. M.L.G. Corporation, 712 P.2d 985 (Colo.1986).
729-CITE: 468 So.2d 1051 STATE of Florida, Appellant, v. Frank Phillip MILLER, Appellee.
TEXT: ANSTEAD, Chief Judge. This is an appeal from an order suppressing the results of a
blood-alc..., the order of the trial court is reversed and this cause remanded for further
proceedings consistent herewith. GLICKSTEIN and WALDEN, JJ., concur.
730-CITE: 744 So.2d 1193 Kenneth M. PIERCE, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, J. We affirm in part and reverse in part Pierce s conviction and sentence. Pierce s
c...iolation. See Houser v. State, 474 So.2d 1193, 1196 (Fla.1985). We remand for re-sentencing on
counts I, IV, and V. FARMER and TAYLOR, JJ., concur.
731-CITE: 697 So.2d 962 Francis COMPANION and Eleanor Companion, his wife, Appellants, v. LIBERTY MUTUAL
INSURANCE COMPANY, Appellee.
TEXT: W. SHARP, Judge. The Companions, husband and wife, appeal from a final summary judgment
ente...ompanions waived the remaining $40,000 in policy limits available under Cummins insurance
policy. AFFIRMED. GRIFFIN, C.J., and ANTOON, J., concur.
732-CITE: 518 So.2d 416 Marjane McNAIR, Appellant, v. Donato A. DAVIS, Appellee.
TEXT: RYDER, Acting Chief Judge. In 1985, a collision occurred between an automobile driven by
app...that the final judgment in favor of appellant, entered on April 21, 1987, be reinstated.
Reversed and remanded. SCHOONOVER and LEHAN, JJ., concur.
733-CITE: 493 So.2d 75 Maria R. HALPIN, a single woman, Appellant, v. William Harry HILDERBRAND, and
State Farm Mutual Automobile Insurance Co., One State Farm Plaza, Bloomington, IL., 61701 (9785), a
foreign corporation authorized to do business in the State of Florida, Appellees.
TEXT: DOWNEY, Judge. Appellant, Maria R. Halpin, was injured by appellee, William Harry
Hilderbran...inal judgment appealed from is reversed and the cause is remanded for further
proceedings consistent herewith. GLICKSTEIN and GUNTHER, JJ., concur.
734-CITE: 530 So.2d 1006 COMPUTER PRODUCTS, INC. and Underwriters Adjusting Company, Appellants, v.
Margie WILLIAMS, Appellee.
TEXT: JOANOS, Judge. In this workers compensation appeal, the employer Computer Products, Inc.,
an...e responsibility for payment of the fee at a later date. Accordingly, the deputy commissioner
s order is affirmed. ERVIN and NIMMONS, JJ., concur.
735-CITE: 629 So.2d 920 AETNA INSURANCE COMPANY, a foreign corporation, Appellant, v. Robert BOCOOK and
Progressive American Insurance Company, a foreign corporation, Appellees.
TEXT: PER CURIAM. Affirmed. DANAHY, A.C.J., and BLUE, J., concur. CAMPBELL, J., dissents with
op...ach became an improper focus of the trial and the mistrial should have been granted. I would
reverse the final judgment and remand for a new trial.
736-CITE: 457 So.2d 602 Francisco GARZA, Appellant, v. HENDRY COUNTY, Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Francisco Garza, appeals a directed verdict in favor of
appellee...rasota v. Eppard, 455 So.2d 623 (Fla. 2d DCA 1984); Banta v. Rosier, 339 So.2d 444 (Fla.
5th DCA 1981). GRIMES, A.C.J., and SCHOONOVER, J., concur.
737-CITE: 573 So.2d 377 U.S. FIRE INSURANCE, and Crum and Forster Commercial Insurance, Appellants, v.
June HOUSTON, Appellee.
TEXT: SMITH, Judge. The employer and carrier (E C) appeal a workers compensation order,
contending...ric care, but affirm as to all other issues raised by appellants. AFFIRMED in part and
REVERSED in part. SHIVERS, C.J., and WIGGINTON, J., concur.
738-CITE: 745 So.2d 349 SENTRY INSURANCE, a Mutual Company, Appellant, v. FCCI MUTUAL LIFE INSURANCE
COMPANY, Dawnlyn Murphy; Max Davis & Associates of South Florida, Inc., a Florida corporation, P.B.,
Ltd., a Florida Limited Partnership, Stiles Property Management Company, a Florida corporation, and
Uniprop, Inc., d b a Max Davis Associates, Appellees.
TEXT: ROTHSCHILD, RONALD J., Associate Judge. Appellant Sentry Insurance (Sentry) sued appellee
FC...ercial premises liability injuries. The trial court correctly entered summary judgment in FCCI
s favor. AFFIRMED. SHAHOOD and TAYLOR, JJ., concur.
739-CITE: 504 So.2d 1336 Elisa CALLEYRO, Appellant, v. MT. SINAI HOSPITAL, All Risk Corporation,
Appellee.
TEXT: ERVIN Judge. Appellant appeals an order of the deputy commissioner (dc) denying the
compensa...ant s present mental condition may have pre-dated her industrial accident. REVERSED and
REMANDED with directions. SHIVERS and ZEHMER, JJ., concur.
740-CITE: 668 So.2d 1118 John DOE, as Personal Representative of the Estate of Robert S. Matthews,
deceased, and State Farm Mutual Automobile Insurance Company, Appellants Cross-Appellees, v. Robin
W. MacNITT, Appellee Cross-Appellant.
TEXT: COBB, Judge. This appeal concerns a determination of insurance coverage in regard to a
singl...D IN PART; REVERSED IN PART; AND REMANDED FOR ENTRY OF FINAL JUDGMENT FOR THE APPELLANTS
CROSS-APPELLEES. PETERSON, C.J., and DAUKSCH, J., concur.
741-CITE: 719 So.2d 1223 STATE of Florida, Appellant, v. Craig A. HENDERSON, Appellee.
TEXT: GRIFFIN, Chief Judge. The State of Florida appeals an order suppressing evidence obtained
by... 1994); State v. Silver, 498 So.2d 580, 581 (Fla. 4th DCA 1986), review denied, 506 So.2d 1043
(Fla.1987). REVERSED. COBB and ANTOON, JJ., concur.
742-CITE: 734 So.2d 1088 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Appellant, v.
Laurel MOHER, Appellee.
TEXT: BLUE, Acting Chief Judge. State Farm Mutual Automobile Insurance Company appeals an adverse
...ase. Accordingly, we reverse and *1089 remand for entry of judgment in State Farm s favor.
Reversed and remanded. FULMER and WHATLEY, JJ., Concur.
743-CITE: 541 So.2d 1331 Eric PERMENTER, Appellant, v. Mary Lou FEURTADO and John Feurtado, her husband,
Appellees.
TEXT: PER CURIAM. In this interlocutory appeal, the defendant below claims error in the trial
cour...hner, 216 So.2d 492 (Fla. 3d DCA 1968), the defendant s motion to quash service and vacate
default should have been granted. Reversed and remanded.
744-CITE: 527 So.2d 850 Delbert Dean HILLEBERT, Appellant, v. ROGERS & FORD CONSTRUCTION CORPORATION and
Florida Employers Insurance Service Corporation, Appellees.
TEXT: BOOTH, Judge. This cause is before us on appeal from a final order in a workers
compensation...d the fact that the claimant s significant increase in right elbow pain seemed to
occur within a very short time after the May 1985 trip and fall.
745-CITE: 618 So.2d 763 Jeffrey BOWMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. HERSEY and WARNER, JJ., concur. ANSTEAD, J., dissents with opinion.
...he victim. Cf. Frazier v. State, 559 So.2d 1121 (Fla.), cert. denied sub nom. Frazier v. Dugger,
498 U.S. 834, 111 S.Ct. 102, 112 L.Ed.2d 73 (1990).
746-CITE: 566 So.2d 901 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. John T. SWETOKOS,
John J. Swetokos and Todd McConnell, Appellees.
TEXT: PER CURIAM. Appellant, State Farm Mutual Automobile Insurance Company ( State Farm ),
appeal...judgment and remand with directions to enter a summary judgment in favor of appellant.
REVERSED and REMANDED. DELL, WARNER and POLEN, JJ., concur.
747-CITE: 461 So.2d 985 SABRE MARINE and Iowa National Mutual Insurance Company, Appellants, v. Vera Mae
FELICIANO, Appellee.
TEXT: THOMPSON, Judge. The employer carrier (E C) appeal an order awarding temporary total
disabil..., 395 So.2d 275 (Fla. 1st DCA 1981). For the foregoing reasons, the order on appeal must
be, and hereby is, REVERSED. BOOTH and SMITH, JJ., concur.
748-CITE: 596 So.2d 135 Mark B. COZZENS, Appellant, v. ST. JOE CONTAINER COMPANY and Hewitt, Coleman and
Associates, Appellees.
TEXT: PER CURIAM. The claimant challenges a workers compensation order denying his claim for
addit...whether there is a causal relationship between the industrial accident and the claimant s
loss of earnings. ERVIN, BARFIELD and ALLEN, JJ., concur.
749-CITE: 496 So.2d 985 Tommy and Jennette BROOME, his wife, Appellants, v. NN INVESTORS LIFE INSURANCE
CO., INC., a foreign corporation, Appellee.
TEXT: PER CURIAM. Affirmed. See Prescott v. Mutual Ben. Health & Accident Ass n, 133 Fla. 510,
183...8 So.2d 560 (Fla. 4th DCA 1972), aff d, 276 So.2d 37 (Fla.1973); Murphy v. John Hancock Mutual
Life Insurance Co., 213 So.2d 275 (Fla. 3d DCA 1968).
750-CITE: 504 So.2d 49 David TIECHE and Cynthia Tieche, his wife, Appellant, v. Frank P. PANLENER and
State Farm Mutual Automobile Insurance Company, Appellee.
TEXT: PER CURIAM. The appellants, David and Cynthia Tieche, appeal from a final judgment entered
f...iability. Accordingly, we affirm the trial court s denial of the Tieches post-trial motions.
SCHOONOVER, A.C.J., and LEHAN and FRANK, JJ., concur.
751-CITE: 657 So.2d 1183 Arthur VAN DORAN, Appellant, v. The POPE COMPANY and Associated Industries,
Inc., Appellees.
TEXT: ALLEN, Judge. The claimant appeals a workers compensation order by which a wage loss claim
w...4, 515 (Fla. 1st DCA 1992); and Braithwaite v. Department of Transportation, 622 So.2d 109, 111
(Fla. 1st DCA 1993). I therefore join in the result.
752-CITE: 565 So.2d 870 Lloyd FREEMAN, Appellant, v. FLEET SUPPLY, INC., Appellee.
TEXT: MINER, Judge. Appellant, Lloyd Freeman, appeals from a summary judgment which was entered
in...2d 666, 668 (Fla.1985). Accordingly, summary judgment is reversed and the cause remanded.
REVERSED and REMANDED. WIGGINTON and ALLEN, JJ., concur.
753-CITE: 487 So.2d 1174 McKENZIE TANK LINES, INC., Appellant, v. EMPIRE GAS CORPORATION and Empire Gas,
Inc., of Jay, Appellees.
TEXT: ZEHMER, Judge. McKenzie Tank Lines (McKenzie) appeals a final judgment awarding damages to
a...r in the trial judge s evaluation of the evidence and denial of the motion for new trial, the
judgment is AFFIRMED. MILLS and SHIVERS, JJ., concur.
754-CITE: 549 So.2d 208 Thomas Jerome QUINN, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Thomas Jerome Quinn was convicted of DUI manslaughter arising from a
vehic...he backbone of Quinn s defense, we cannot find the error harmless. Reversed and remanded
for new trial. RYDER, A.C.J., and SCHOONOVER, J., concur.
755-CITE: 450 So.2d 309 CITY OF GAINESVILLE and Crawford and Company, Appellants, v. Clent B. BECK,
Appellee.
TEXT: ON MOTION FOR CLARIFICATION JOANOS, Judge. Having considered the appellee s motion for
clar...issioner s award of temporary total disability benefits is reversed, and the remainder of the
order is affirmed. SHIVERS and THOMPSON, JJ., concur.
756-CITE: 483 So.2d 892 Ava R. MARTINEZ and Howard Barnes, Appellants, v. GENERAL INSURANCE COMPANY,
Appellee.
TEXT: DANIEL S. PEARSON, Judge. The appellants primary argument on this appeal is that the
insurer...nsured an undeserved windfall--coverage for nothing. Accordingly, we reject the appellants
argument and affirm the judgment under review. Affirmed.
757-CITE: 538 So.2d 471 AREA ELECTRIC SERVICE, INC. and Feisco Claims, Appellants, v. John CUNNINGHAM,
Appellee.
TEXT: SHIVERS, Judge. The employer carrier (E C) in this workers compensation case appeal an
order...judicial to the claimant. The DC s award of TTD benefits is hereby reversed and remanded
for further proceedings. BOOTH and THOMPSON, JJ., concur.
758-CITE: 610 So.2d 467 STATE of Florida, Appellant, v. Starla BUCHANON, Appellee.
TEXT: PER CURIAM. The sole evidence to support the law enforcement officer s probable cause to
ord...of this test are inadmissible because this drunk driver caused a serious, rather than a minor,
accident. I would reverse this order of suppression.
759-CITE: 434 So.2d 361 MIGHTY NATIONAL EXTERMINATORS, INC., and Hazel Scott, Appellants
Cross-appellees, v. Mary POWERS, Appellee Cross-appellant.
TEXT: DOWNEY, Judge. The appellate questions presented in this case are whether appellee, Mary
Pow...were medically and scientifically demonstrable at the end of such period. REVERSED AND
REMANDED, with directions. BERANEK and HERSEY, JJ., concur.
760-CITE: 452 So.2d 116 WINTER PARK MEMORIAL HOSPITAL and All Risk Corporation of Florida, Appellants,
v. Juanita BROWN, Appellee.
TEXT: SHIVERS, Judge. The employer servicing agent in this workers compensation case appeal the
de...v. Brevard County Bd. of Public Instruction, supra. Accordingly, the deputy s order is
AFFIRMED in all respects. MILLS and WIGGINTON, JJ., concur.
761-CITE: 592 So.2d 380 Daniel MARTINEZ, Appellant, v. Reginald RAULERSON, Barron Collier, Jr.,
individually, Isabel Collier Read, individually, and Isabel Collier Read, George W. Hill, Jr., and
Harold S. Lynton, as Trustees for Inglis U. Collier, Miles C. Collier and Barron G. Collier, II, d b
a Immokalee Ranch, Appellees.
TEXT: PER CURIAM. We reverse the trial court s order denying plaintiff s motion for a new trial
in... Molle-Teeters, 520 So.2d 645, 648 (Fla. 2d DCA 1988). Reversed and remanded for a new trial.
LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.
762-CITE: 434 So.2d 19 STATE of Florida, Appellant, v. Joan BARTH, Appellee.
TEXT: LEHAN, Judge. The state appeals the trial court s order granting defendant Joan Barth s
moti...d in granting defendant s motion to suppress. REVERSED AND REMANDED FOR PROCEEDINGS
CONSISTENT HEREWITH. HOBSON, A.C.J., and CAMPBELL, J., concur.
763-CITE: 733 So.2d 1135 Lynn HEMINGWAY, Appellant, v. Edward K. BRESNEY and Marc A. Lewinstein,
Appellees.
TEXT: HAZOURI, J. Appellant, Lynn Hemingway (Hemingway), appeals the dismissal of her claim
agains...Affirmed in part; reversed in part and remanded with instructions to grant the appellant
leave to amend the complaint. DELL and POLEN, JJ., concur.
764-CITE: 667 So.2d 233 SNAPPER CREEK NURSING HOME, and Armor Insurance Company, Appellants, v. Margie
GIBERSON, Appellee.
TEXT: ON MOTION FOR CLARIFICATION AND RECONSIDERATION PER CURIAM. We withdraw our prior opinion
o...sed on the cervical neck injury. REVERSED and REMANDED for further proceedings consistent with
this opinion. BOOTH, JOANOS and MINER, JJ., concur.
765-CITE: 523 So.2d 1208 Susan McCULLOUGH, etc., et al., Appellants, v. CENTRAL FLORIDA YMCA, etc.,
Appellee.
TEXT: COWART, Judge. An action was brought on behalf of children allegedly molested by an
employee...(FN3) See, e.g., Clemmons v. American States Insurance Co., 412 So.2d 906 (Fla. 5th DCA),
34 A.L.R. 4th 755, rev. denied, 419 So.2d 1196 (Fla.1982).
766-CITE: 448 So.2d 545 WAUSAU UNDERWRITERS INSURANCE COMPANY, Appellant, v. Raymond Stanley TAUBLER,
Appellee.
TEXT: SHARP, Judge. Wausau Underwriters Insurance Company has filed a timely appeal from a
summary...icy, Taubler was not entitled to recover under that policy. Therefore, we must reverse.
REVERSED. DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur.
767-CITE: 668 So.2d 1000 In re FORFEITURE OF the following described property: $44,010.00. STATE of
Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLE AND the Florida Highway Patrol, Appellants,
v. Eddie McCLUSTER Sr., Appellee.
TEXT: THREADGILL, Chief Judge. In this contraband forfeiture case, the state appeals a final
order... employed or was likely to be employed in criminal activity. See Section 932.703(6)(a),
Fla.Stat. (1993). Reversed. FRANK and FULMER, JJ., concur.
768-CITE: 649 So.2d 277 Deborah S. THOMA and Michael Thoma, Husband and Wife, Appellants, v. CRACKER
BARREL OLD COUNTRY STORE, INC., a Tennessee Corporation, Appellee.
TEXT: KAHN, Judge. Appellant, Deborah Thoma, claims to have suffered a back injury when she fell
i...whether a preponderance of the evidence supports the inferences suggested by Thoma. REVERSED
and REMANDED. BARFIELD and VAN NORTWICK, JJ., concur.
769-CITE: 671 So.2d 216 Jaime B. VILLATORO, Appellant Cross-Appellee, v. Fatima CONCEPCION and Ramon
Concepcion, Appellees Cross-Appellants.
TEXT: PER CURIAM. In this appeal and cross-appeal involving personal injuries stemming from an
aut...the alternative, to grant additur. Reversed in part for treatment consistent with this
opinion. GUNTHER, C.J., and WARNER and FARMER, JJ., concur.
770-CITE: 671 So.2d 252 Eldridge E. BRAVO, JR., and George A. Knutsson, Appellants, v. Mildred
RODRIGUEZ, Appellee.
TEXT: FLETCHER, Judge. This is an appeal of a non-final order denying appellants Eldridge E.
Bravo...ubmit affidavits in support of their respective positions on the issue. Reversed and
remanded for further proceedings consistent with this opinion.
771-CITE: 623 So.2d 588 Herschel N. POLLARD, JR., Appellant, v. Darryl Leon WILLIAMS and CNA Insurance
Companies, Appellees.
TEXT: BLUE, Judge. In this appeal we are asked to determine under what circumstances a claimant
se...or a new trial. Our remand for a new trial renders all other issues on appeal moot. Reversed
and remanded. DANAHY, A.C.J., and PARKER, J., concur.
772-CITE: 527 So.2d 842 FLORIDA DEPARTMENT OF TRANSPORTATION and General Telephone of Florida,
Appellants, v. Nancy RAICHE, Appellee.
TEXT: PARKER, Judge. The state of Florida Department of Transportation (DOT) and General
Telephone...reverse and remand the case with directions for the trial court to enter judgment in
favor of DOT and GTE. SCHEB, A.C.J., and CAMPBELL, J., concur.
773-CITE: 446 So.2d 717 Phyllis Newkirk SCOTT, Appellant, v. Loren Lee CLUSTER and USAA Casualty
Insurance Company, Appellees.
TEXT: PER CURIAM. REVERSED. See VanBibber v. Hartford Accident & Indemnity Insurance Co., 439
So.2... CURIAM. REVERSED. See VanBibber v. Hartford Accident & Indemnity Insurance Co., 439 So.2d
880 (Fla.1983). LETTS, BERANEK and HERSEY, JJ., concur.
774-CITE: 659 So.2d 1082 THE FLORIDA BAR, Complainant, v. Amy Lee BURKICH-BURRELL, Respondent.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar and the referee s report
fin...AW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. ------------ (FN1) We disapprove Bar Staff
Opinion 17571 to the extent that it states otherwise.
775-CITE: 707 So.2d 763 Vera YUNITER, Appellant, v. A & A EDGEWATER OF FLORIDA, INC., a Florida
corporation, Appellee.
TEXT: WHATLEY, Judge. Vera Yuniter appeals the entry of summary judgment in favor of A & A
Edgewat...A Edgewater of Florida, Inc., and remand for reinstatement of Yuniter s complaint.
Reversed and remanded. PATTERSON, A.C.J., and BLUE, J., concur.
776-CITE: 513 So.2d 238 Susan A. CURTIS, Appellant, v. BULLDOG LEASING COMPANY, INC., The City of Boca
Raton, Carriers Insurance Company, Crawford Catia, Heavy Machinery Tool Transport, Inc. and Suwannee
Transfer Company, Inc., Appellees.
TEXT: LETTS, Judge. The trial court granted a final summary judgment in favor of a municipality,
s...reach other conclusions not discussed by the majority or me. In my view, they should have been
given the opportunity; and it was error not to do so.
777-CITE: 580 So.2d 217 Marcella S. BENNETT, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, Appellee.
TEXT: RYDER, Judge. Appellant, Marcella Bennett (Bennett), contends that the trial court erred
whe... the trial court order State Farm to reapportion Bennett s claim. Reversed and remanded with
instructions. SCHOONOVER, C.J., and HALL, J., concur.
778-CITE: 509 So.2d 1185 ATKINS CONSTRUCTION CO. and South-Eastern Fire Insurance Co., Appellants
Cross-Appellees, v. Fred Earl WILSON, Appellee Cross-Appellant, v. HENDRY CORRECTIONAL INSTITUTE and
Division of Risk Management, Appellees Cross-Appellees.
TEXT: ZEHMER, Judge. Atkins Construction Co. appeals an order of the deputy commissioner granting
... noncompensable injuries are not the responsibility of the employer. State, Department of Public
Health v. Wilcox, 483 So.2d 21 (Fla. 1st DCA 1986).
779-CITE: 695 So.2d 822 AEROVIAS COLOMBIANAS, LTDA., a k a Arca Airlines, Appellant, v. Luiz PAIZ and
Eulalia Paiz, Appellees.
TEXT: NESBITT, Judge. Arca Airlines appeals an order denying its motion for summary judgment
findi...ligations had to be properly serviced and maintained. Thus, we reverse the order appealed
and remand for entry of summary judgment in Arca s favor.
780-CITE: 642 So.2d 1159 STRICKLAND INSURANCE GROUP, d b a Atlantic Casualty Insurance Company,
Appellant, v. William SHEWMAKE, Appellee.
TEXT: THOMPSON, Judge. Strickland Insurance Group d b a Atlantic Casualty Insurance Company (
Atla... directions that Atlantic be dismissed as a party from the lawsuit. REVERSED and REMANDED
with directions. HARRIS, C.J., and PETERSON, J., concur.
781-CITE: 526 So.2d 187 Leonard BENNETT, as personal representative of the Estate of Christopher
Bennett, a deceased minor child, for the benefit of the surviving parents, and, as natural guardian
of Chad Bennett, for the benefit of Chad Bennett, Appellant, v. GRANITE STATE INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. Bennett brought an action for declaratory relief, seeking a construction of the
... doctrine to the present action. The trial court s order on final summary judgment in favor of
Granite State is affirmed in all respects. Affirmed.
782-CITE: 689 So.2d 332 Rufus BROWN, Jr., Appellant, v. L.P. SANITATION and CNA Insurance Company,
Appellees.
TEXT: BENTON, Judge. Rufus Brown, Jr. contends that a final compensation order should be reversed
...4), in any event. The overpayments, not the industrial accident, gave rise to appellees right to
repayment. Affirmed. ERVIN and KAHN, JJ., concur.
783-CITE: 605 So.2d 568 Lisa COLLINS, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Collins appeals from her judgment and sentence for DUI manslaughter, (FN1)
...ess driving is a misdemeanor, Section 316.192. Since DUI Manslaughter is the highest degree
crime, it would stand and the others would be set aside.
784-CITE: 658 So.2d 1044 Samuel T. LEVINE, Appellant, v. BREVARD COUNTY SHERIFF S DEPARTMENT and
Gallagher Bassett Services, Appellees.
TEXT: JOANOS, Judge. Claimant appeals a workers compensation order denying compensability of his
c...ility of the claim for workers compensation benefits is reversed, and this cause is remanded for
further proceedings. ERVIN and MINER, JJ., concur.
785-CITE: 494 So.2d 253 The BISON COMPANY and Northbrook Indemnity, Appellants, v. Francis Edward
SHUBERT, Appellee.
TEXT: ERVIN, Judge. The employer carrier appeals from an order awarding temporary total
disability...ion 38.83(b), at 7-278 (1985). Since no evidence was presented in this regard, the
order on review is REVERSED. SHIVERS and THOMPSON, JJ., concur.
786-CITE: 575 So.2d 290 Debra S. HARTLAND, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. The appellant was injured in an automobile accident while riding as a passenger
...rmination that the appellant s injuries were not covered under the uninsured motorist provisions
of the policy. ERVIN, ALLEN and WOLF, JJ., concur.
787-CITE: 469 So.2d 849 Arthur LEE, Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH,
PA., Appellee.
TEXT: BASKIN, Judge. Arthur Lee appeals an adverse summary final judgment arising out of his
decla...e summary final judgment in favor of National Fire and remand for the entry of a final
judgment in favor of Arthur Lee consistent with this opinion.
788-CITE: 701 So.2d 568 Dafena Bene AMBURN, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. Dafena Bene Amburn appeals from her convictions for possession
o...ate in an appropriate order. We reverse in part and remand for further proceedings in
accordance with this opinion. BLUE and LAZZARA, JJ., concur.
789-CITE: 566 So.2d 328 George CURTIS, Appellant, v. BORDO CITRUS PRODUCTS and Liberty Mutual Insurance
Company, Appellees.
TEXT: NIMMONS, Judge. In this worker s compensation case, the claimant appeals the judge s denial
... We reverse and remand with directions to award such compensation. AFFIRMED in part, REVERSED in
part and REMANDED. BOOTH and ZEHMER, JJ., concur.
790-CITE: 630 So.2d 223 Melvin KAHN, For Use and Benefit of AMICA MUTUAL INSURANCE COMPANY, etc.,
Appellant, v. Steven KAHN, and United States Fidelity and Guaranty Company, Appellees.
TEXT: CORRECTED OPINION. PER CURIAM. This is an appeal of a final judgment assessing attorney s
f...ney s fees under section 57.105(1), Florida Statutes (1991), is reversed and the cause remanded
with directions to enter judgment in favor of Amica.
791-CITE: 433 So.2d 43 Armand BOULERICE, Appellant, v. MAGIC ROOFING CO. and Florida Insurance Company
Association, Inc., and Division of Workers Compensation, Appellees.
TEXT: SHIVERS, Judge. In this workers compensation case, Boulerice appeals the final order of the
... and this cause is REMANDED for the entry of a new order not inconsistent with this opinion.
ROBERT P. SMITH, Jr., C.J., and WIGGINTON, J., concur.
792-CITE: 452 So.2d 120 BUTLER S DAIRY and Whiting National Services, Inc., Appellants, v. Terry G.
HONEYCUTT, Appellee.
TEXT: SHIVERS, Judge. The employer carrier in this workers compensation case appeal the deputy
com...benefits. Compare H.S. Camp & Sons v. Flynn, 450 So.2d 577 (Fla. 1st DCA 1984). The order on
appeal is AFFIRMED. MILLS and WIGGINTON, JJ., concur.
793-CITE: 466 So.2d 443 HUBER RESTORIUM and Adjustco, Inc., Appellants, v. Patricia BUTTERFIELD,
Appellee.
TEXT: MILLS, Judge. The employer carrier appeal and the claimant cross appeals from an order
denyi...n cross appeal, we find competent substantial evidence in the record supporting the deputy s
findings. AFFIRMED. JOANOS and BARFIELD, JJ., concur.
794-CITE: 594 So.2d 340 Manuel J. TEJADA, Appellant Cross-Appellees, v. COLLECTION CHEVROLET, INC., and
Adjustco, Inc., Appellees Cross-Appellants.
TEXT: WIGGINTON, Judge. Appellant appeals and employer carrier cross-appeal the JCC s order
awardi...s reached maximum medical improvement with a permanent total disability. AFFIRMED in part
and REVERSED in part. SHIVERS and BARFIELD, JJ., concur.
795-CITE: 623 So.2d 826 Clarence BELCHER, Appellant, v. DADE COUNTY SCHOOL BOARD, Appellee.
TEXT: PER CURIAM. Appellant appeals a worker s compensation order which denied his claim for
certa...mony. See, Yeargin Construction Co. v. Hutchinson, 547 So.2d 1269 (Fla. 1st DCA 1989).
REVERSED and REMANDED. SMITH, WOLF and MICKLE, JJ., concur.
796-CITE: 686 So.2d 771 Michael James McKENNEY, Petitioner, v. AIRPORT RENT-A-CAR, INC., a Florida
corporation, Solbert Dhaiti, individually, Respondents.
TEXT: KLEIN, Judge. Petitioner is the plaintiff in a Broward County personal injury case arising
o...a neurologist in Broward County was also a discretionary call and that there was no abuse here.
Certiorari denied. POLEN and SHAHOOD, JJ., concur.
797-CITE: 568 So.2d 87 Erwin ZABAN, Sidney Kirschner, Robert H. Creviston, David Levy, Donald W. Hubble,
Henry R. Dressel, Jr., John L. Glendenin, David C. Garrett, Jr., William C. Hatcher, Jesse Hill,
Jr., Robert M. Holder, Jr., Gloria Shatto, Milton N. Weinstein, Thomas R. Williams, Carl Smith and
Charles Tanner, Petitioners, v. Karen A. McCOMBS, individually, as parent and natural guardian of
Beth Ann McCombs, Trudy Lynn Bohannon and Charlene Helen McCombs, and as personal representative of
the estate of Samuel C. McCombs, Jr., Respondents.
TEXT: WENTWORTH, Judge. Petitioners seek review by certiorari of an order granting respondent
disc...hed and the cause is remanded with directions that the trial court grant petitioners motion
for a protective order. NIMMONS and ALLEN, JJ., concur.
798-CITE: 591 So.2d 302 GILLEY TRUCKING COMPANY and Georgia Casualty & Surety Company, Appellants, v.
Elbie D. MORRELL, Appellee.
TEXT: PER CURIAM. Appellants challenge a workers compensation order awarding the cost of
construct...ggest that an Enabler II or its equivalent would not be appropriate in another case.
Accordingly, we AFFIRM. ERVIN, SMITH and ALLEN, JJ., concur.
799-CITE: 497 So.2d 678 STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellant, v. James Warren BROWN,
Appellee.
TEXT: HERSEY, Chief Judge. This is an appeal from a final judgment (entered in accordance with a
j... a verdict in favor of DOT. Accordingly, we *681 affirm both the final judgment and order
awarding costs. AFFIRMED. ANSTEAD and DELL, JJ., concur.
800-CITE: 534 So.2d 884 DADE COUNTY SCHOOL BOARD, Petitioner, v. Roberto SOLER, a minor, By and Through
his parents and next friends, Americo SOLER and Carmen Soler, and individually and jointly and
severally, Respondents.
TEXT: BASKIN, Judge. Petitioner Dade County School Board [DCSB] seeks review by common law
certior...emonstrate that he is unable without undue hardship to obtain the substantial equivalent
of the materials by other means. Fla.R.Civ.P. 1.280(b)(2).
801-CITE: 441 So.2d 1108 Lawana BURKETT and Janice Maddox, Appellants, v. CALHOUN COUNTY, a Political
Subdivision of the State of Florida, Appellee.
TEXT: MILLS, Judge. Burkett and Maddox appeal the trial court s order dismissing their negligence
...ion of Section 768.28(6) whether or not the political subdivision elected to carry liability
insurance. AFFIRMED. SHIVERS and ZEHMER, JJ., concur.
802-CITE: 540 So.2d 134 Frederick HAMILTON, Appellant, v. EARLY BIRD STUD FARMS and INA Aetna,
Appellees.
TEXT: JOANOS, Judge. Frederick Hamilton has appealed from an order of the deputy commissioner
deny...g the claim is reversed, and the case remanded for an award of orthopedic evaluation only of
Hamilton s back and leg. BOOTH and MINER, JJ., concur.
803-CITE: 696 So.2d 522 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. SMALLEY TRANSPORT
COMPANY, Appellee.
TEXT: FLETCHER, Judge. State Farm Mutual Automobile Insurance Company [State Farm] appeals a
final...ngs. ------------ (FN2) For a situation similar to such a scenario, see Lambert v.
Nationwide Mut. Fire Ins. Co., 456 So.2d 517 (Fla. 1st DCA 1984).
804-CITE: 509 So.2d 1377 NORRELL CORPORATION and Crawford & Company, Appellant, v. Karen CARLE,
Appellee.
TEXT: NIMMONS, Judge. The Employer Carrier appeal from a workers compensation order requiring
that...titled to evaluation), with Metropolitan Transit Authority v. Bradshaw, 478 So.2d 115 (Fla.
1st DCA 1985) (held claimant not entitled to treatment).
805-CITE: 521 So.2d 197 STC DOCUMATION and Traveler s Insurance Company, Appellants, v. Charles BURNS,
Appellee.
TEXT: SHIVERS, Judge. The employer carrier (E C) in this workers compensation case appeal the
depu...1) See Williams Roofing, Inc. v. Moore, 447 So.2d 968 (Fla. 1st DCA 1984, limiting Citrus
Central v. Parker and its progeny to their specific facts.
806-CITE: 716 So.2d 279 NISSAN MOTORS CORPORATION, a k a Nissan Motor Company, Ltd., a Japanese
corporation, and Nissan Motor Corporation In U.S.A., a California corporation, Petitioner, v.
Michael ESPINOSA and Premier Cars Of Martin County, Inc., a Florida corporation, Respondents.
TEXT: WARNER, Judge. The petition for writ of certiorari is granted. Petitioner challenges an
orde...re not substantially similar. For this reason, we grant the petition and quash the order of
the trial court. STONE, C.J., and SHAHOOD, JJ., concur.
807-CITE: 654 So.2d 1280 George HAGES, Appellant, v. HUGHES ELECTRICAL SERVICE, INC. and Liberty Mutual
Insurance Co., Appellees.
TEXT: PER CURIAM. The claimant appeals a workers compensation order in which the judge of
compensa...at the claimant was not driving the vehicle for purposes other than work. Reversed.
ZEHMER, C.J., BARFIELD, J., and SHIVERS, Senior Judge, concur.
808-CITE: 478 So.2d 391 SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR & EMPLOYMENT SECURITY,
Appellant, v. LAKELAND CONSTRUCTION COMPANY, INC., and Claims Center, Appellees.
TEXT: ZEHMER, Judge. The Special Disability Trust Fund (Fund) appeals the deputy commissioner s
or...e Judge, concur. ------------ (FN2) The employer warned claimant that should he appear on the
job in an inebriated condition he would be terminated.
809-CITE: 472 So.2d 1309 HILLSBOROUGH COUNTY SCHOOL BOARD and Insurance Company of North America, v.
John HILBURN, Appellee.
TEXT: ZEHMER, Judge. On this workers compensation appeal, the employer and carrier contend that
th...he deputy of an award of attorney s fees based on a claim of bad faith. AFFIRMED in part and
REVERSED in part. WENTWORTH and NIMMONS, JJ., concur.
810-CITE: 561 So.2d 617 Kenneth CARR, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Carr appeals from his convictions and sentences imposed for manslaughter
by...d, 430 U.S. 980, 97 S.Ct. 1675, 52 L.Ed.2d 375 (1977); Smith v. State, 65 So.2d 303 (Fla.1953);
Jackson v. State, 100 So.2d 839 (Fla. 1st DCA 1958).
811-CITE: 593 So.2d 1178 SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,
STATE OF FLORIDA, Appellant, v. FLORIDA POWER CORPORATION, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from an order awarding reimbursement of
comp...e JCC s award of reimbursement from the Special Disability Trust Fund and remand for
proceedings consistent herewith. MINER and ALLEN, JJ., concur.
812-CITE: 716 So.2d 318 Rafael Manuel MORERA, Jr. and Rafael Manuel Morera, Sr., Appellants, v. Petrona
Elba CASTELLON, Roberto Castellon and Elba Castellon, Appellees.
TEXT: SORONDO, Judge. Rafael Manuel Morera, Jr. and Rafael Manuel Morera, Sr. (collectively
Morera...2d DCA 1996). We reverse and remand for a new trial. ------------ (FN1) The evidence is
undisputed that it was Castellon who broadsided Morera, Jr.
813-CITE: 675 So.2d 191 DEEP SOUTH PRODUCTS and Winn Dixie Stores, Appellants, v. SPECIAL DISABILITY
TRUST FUND, Appellee.
TEXT: PER CURIAM. The employer carrier appeal a workers compensation order by which a claim for
re... 2d DCA), cert. denied, 366 So.2d 881 (Fla.1978). The appealed order is reversed, and the case
is remanded. BARFIELD, ALLEN and KAHN, JJ., concur.
814-CITE: 718 So.2d 839 MONUMENTAL LIFE INSURANCE COMPANY, Appellant, v. Jerri LYDICK, as Personal
Representative of the Estate of Allen Raymond Lydick, Deceased, Appellee.
TEXT: SHIVERS, DOUGLASS B., Senior Judge. Appellant, Monumental Life Insurance Company
(Monumental...der of the trial court and remand for entry of summary judgment in favor of appellant.
LAWRENCE, J., concurs. WEBSTER, J., concurs in result only.
815-CITE: 493 So.2d 1137 R. Botto ROSSA, Appellant, v. Emanuel SILLS, as Personal Representative of the
Estate of Rose Sills, Appellee.
TEXT: STONE, Judge. The defendant appeals an order denying his motion to dismiss for lack of
perso... F.2d 12 (3d Cir.1981), is distinguishable as there the issue was one of determining the
convenient forum. Here, there is no more appropriate forum.
816-CITE: 538 So.2d 531 Marsha Ann YUKON, as Personal Representative of the Estate of Randy L. Yukon,
Deceased, Appellant, v. GRANADA CONSTRUCTION OF FLORIDA, Appellee.
TEXT: DANAHY, Judge. In the appellant s wrongful death action against the appellee for the death
o...luded. Holl v. Talcott, 191 So.2d 40 (Fla.1966). Accordingly, we reverse and remand for further
proceedings. RYDER, A.C.J., and FRANK, J., concur.
817-CITE: 677 So.2d 915 CONSULTANTS & DESIGNERS and Cigna Companies, Appellants, v. Sandra BROWN,
Appellee.
TEXT: WEBSTER, Judge. In this workers compensation case, the employer and carrier seek review of
a...ues which they seek to present. Accordingly, the appeal is dismissed for lack of jurisdiction.
APPEAL DISMISSED. JOANOS and LAWRENCE, JJ., concur.
818-CITE: 463 So.2d 1191 Sandra DAVIS, as personal representative of the Estate of Neil Allen Davis,
deceased, Appellant, v. FIREMAN S FUND INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Davis is the personal representative of the estate of Neil Allen Davis, a tow
tr...so as to fall within his employer s uninsured motorist coverage). Affirmed. DANAHY, A.C.J.,
LEHAN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
819-CITE: 650 So.2d 1036 Clifton BAREFOOT, Appellant, v. SEARS ROEBUCK & COMPANY and Allstate Commercial
Insurance Company, Appellees.
TEXT: MICKLE, Judge. This cause is before us on appeal from an order of the judge of compensation
...found it to be ambiguous and remanded for parol evidence regarding the intent of the parties).
REVERSED AND REMANDED. BOOTH and WOLF, JJ., concur.
820-CITE: 532 So.2d 1127 The STATE of Florida, Petitioner, v. Carmine TRONOLONE, Respondent.
TEXT: PER CURIAM. The State of Florida filed a petition for writ of certiorari seeking review of
a...its opinion and remand to the trial court for further proceedings consistent with this opinion.
Certiorari granted; cause remanded with directions.
821-CITE: 542 So.2d 473 NELSON & COMPANY and Executive Risk Consultants, Inc., Appellants, v. Evelyn
HOLTZCLAW, Appellee.
TEXT: SMITH, Chief Judge. The employer carrier appeals the award of wage loss benefits to
claimant...ss benefits. Superior Pontiac v. Hearn, 458 So.2d 1197, 1199 (Fla. 1st DCA 1984). The
order below is REVERSED. SHIVERS and WIGGINTON, JJ., concur.
822-CITE: 580 So.2d 311 Lazara CRUZ, Appellant, v. AMERICAN UNITED INSURANCE COMPANY, Appellee.
TEXT: FERGUSON, Judge. Lazara Cruz appeals from a summary judgment entered in favor of her
automob...gment for insurer was proper where there were insufficient allegations of unreasonable and
bad faith conduct on the part of the insurer). Affirmed.
823-CITE: 695 So.2d 735 Ronnie WOODALL and Judith Woodall, Appellants, v. TRAVELERS INDEMNITY COMPANY,
Appellee.
TEXT: MICKLE, Judge. Appellants, Ronnie Woodall and his wife Judith Woodall, appeal a final
summar...fter the limits of liability have been used up under all applicable bodily injury liability
policies. AFFIRMED. WEBSTER and LAWRENCE, JJ., concur.
824-CITE: 546 So.2d 740 James MAHL, Appellant, v. DADE PIPE AND PLUMBING SUPPLY CO., INC., and Progress
Lighting Company, Appellees.
TEXT: GERSTEN, Judge. This is an appeal from two final orders granting summary judgment for
appell... law. Johnson v. Gulf Life Insurance Company, 429 So.2d 744 (Fla. 3d DCA 1983). The orders
of summary judgment appealed here are therefore affirmed.
825-CITE: 446 So.2d 242 C. & B. INTERIORS and Johns Eastern Company, Inc., Appellants, v. Ralph
CRISPINO, Appellee.
TEXT: JOANOS, Judge. In this workers compensation appeal, employer and carrier ( E C ) contend
the... disability related to the industrial accident, and the award of wage loss benefits must be
reversed. REVERSED. SHIVERS and THOMPSON, JJ., concur.
826-CITE: 559 So.2d 1199 Joyce M. TURCO and Armando Cuesta, Appellants, v. Marisol LEON, Appellee.
TEXT: BASKIN, Judge. Joyce M. Turco and Armando Cuesta appeal an adverse final judgment and an
ord...was not harmless. MacNiel. We reverse the final judgment and remand for a new trial.
Appellants remaining point lacks merit. Reversed and remanded.
827-CITE: 573 So.2d 183 Robert WISHART, II, Appellant, v. LAIDLAW TREE SERVICE, INC., a foreign
corporation, Appellee.
TEXT: PER CURIAM. The appellant (the employee) was injured while on his unpaid one-half hour
lunch...erse and remand for further proceedings in accordance with this opinion. Reversed and
remanded. DANAHY, A.C.J., and FRANK and PARKER, JJ., concur.
828-CITE: 697 So.2d 1270 Gary M. NAJAR and Diane B. Najar, his wife, Appellants, v. STATE FARM FIRE AND
CASUALTY COMPANY, a foreign corporation, Appellee.
TEXT: PATTERSON, Judge. Gary and Diane Najar appeal from a summary judgment in favor of State
Farm...Fla. 2d DCA 1989). Therefore, we reverse and remand for a trial on the merits. Reversed and
remanded. SCHOONOVER, A.C.J., and LAZZARA, J., concur.
829-CITE: 471 So.2d 171 INDUSTRIAL INDEMNITY COMPANY, Petitioner, v. Benjamin L. MINER, Respondent.
TEXT: PER CURIAM. The petition for writ of certiorari is granted and this case is remanded with
in...tes (1983); VanBibber v. Hartford Accident & Indemnity Insurance Co., 439 So.2d 880 (Fla.1983).
DANAHY, A.C.J., and CAMPBELL and HALL, JJ., concur.
830-CITE: 443 So.2d 293 Felix MARTIN and Government Employees Insurance Company, Appellants, v. Bill
YOUNG and Eddrest D. Young, Appellees.
TEXT: PER CURIAM. In a personal injury action arising out of an automobile collision, the trial
co...t, reversed in part, and remanded for further proceedings consistent with this opinion.
------------ (FN1) See Section 627.737(2), Fla.Stat. (1981).
831-CITE: 433 So.2d 1276 NATIONAL GRANGE MUTUAL INSURANCE COMPANY, Appellant, v. James Vernon FONDREN,
George Waldenmaier & Sons, Inc., and Amy L. Benoit, Appellees.
TEXT: ANSTEAD, Judge. This is an appeal from a non-final order denying National Grange Mutual s
mo...278 residents who may be insured by the insured vehicle. Accordingly, we affirm the order of
the trial court. LETTS, C.J., and DOWNEY, J., concur.
832-CITE: 438 So.2d 939 Freddie MILLER, as Personal Representative of the Estate of James Frederick
Miller, deceased, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY; Pitney Bowes, Inc., Appellees.
TEXT: PER CURIAM. The deceased s father was employed by Pitney Bowes, Inc. Pitney leased from
thei...ees. (FN2) The complaint sounded in breach of contract for failure to provide coverage
promised and negligent failure to procure promised insurance.
833-CITE: 466 So.2d 1240 RYDER TRUCK RENTAL, INC. and Albertsons, Inc., Appellants, v. Garry JOHNSON and
Lisa Johnson, his wife, Appellees.
TEXT: BOOTH, Judge. This cause is before us on appeal from a final judgment in a personal injury
a...dmitted. Accordingly, the judgment below is reversed and the cause remanded for new trial in
accordance herewith. SHIVERS and ZEHMER, JJ., concur.
834-CITE: 438 So.2d 544 Robert BOTTE, Appellant, v. Robert B. POMEROY, d b a South Seas Apartments; and
St. Paul Mercury Insurance Co., Appellees.
TEXT: LETTS, Judge. This appeal is a consequence of a summary judgment granted in favor of a good
...ands, it does not appear to be a very good idea to render assistance to an accident victim.
REVERSED AND REMANDED. HERSEY and WALDEN, JJ., concur.
835-CITE: 579 So.2d 773 James McCLOUD and Sharon McCloud, his wife, Appellants, v. SHERMAN MOBILE
CONCRETE CO., INC., a corporation, Appellee.
TEXT: SCHOONOVER, Chief Judge. The appellants, James McCloud and Sharon McCloud, challenge the
den...ppellee in its answer brief states that as a result of this fall on August 10, 1987, Mr.
McCloud was examined and treated by a number of physicians.
836-CITE: 453 So.2d 130 Jose Ramon ESCRIBANO, Appellant, v. WESTINGHOUSE ELECTRIC COMPANY and Gates
McDonald (Servicing Agent), Appellees.
TEXT: SHIVERS, Judge. In this workers compensation case, Escribano appeals an order of the deputy
...2), It is the remedial treatment that tolls the statute, not the report of the treatment.
REVERSED and REMANDED. MILLS and WIGGINTON, JJ., concur.
837-CITE: 434 So.2d 1007 AMERICAN HOME ASSURANCE COMPANY and Saltmarsh, Cleveland & Gund, Appellant, v.
WEWAHITCHKA STATE BANK for the Use and Benefit of HARTFORD ACCIDENT & INDEMNITY COMPANY, Appellee.
TEXT: PER CURIAM. AFFIRMED. Nardone v. Reynolds, 333 So.2d 25 (Fla.1976) and Noa v. United Gas
Pip...s, 333 So.2d 25 (Fla.1976) and Noa v. United Gas Pipeline Company, 305 So.2d 182 (Fla.1974).
ROBERT P. SMITH, Jr., JOANOS and NIMMONS, JJ., concur.
838-CITE: 500 So.2d 175 The OAKS FARM and Cigna Corporation, Appellants, v. Richard BERRY, Tartan Farms,
Argonaut Insurance Company, Newport Industries, and Florida Farm Bureau, Appellees.
TEXT: THOMPSON, Judge. The employer carrier (E C) at the time of claimant s third compensable
acci.... In all other respects, the order is affirmed. AFFIRMED in part and REVERSED in part.
SHIVERS, J., concurs. ERVIN, J., dissents without opinion.
839-CITE: 626 So.2d 188 In re Inquiry Concerning a Judge re Linda Ann GLOECKNER.
TEXT: PER CURIAM. We are called upon to enter an appropriate order in a disciplinary matter
regard...s reprimanded for the event described above. It is so ordered. BARKETT, C.J., and
OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
840-CITE: 479 So.2d 228 John A. STACK and Susan Stack, Appellants, v. Robert SURDACKI and Florida Farm
Bureau Casualty Insurance Company, Appellees.
TEXT: PER CURIAM. The Stacks appeal a final summary judgment in favor of Florida Farm Bureau
Casua...discuss the other exclusion argued by the parties and we are not deciding whether a police
vehicle is a private passenger auto under that exclusion.
841-CITE: 739 So.2d 110 Jean Robert Bien AIME, individually and as father and next friend of Legrand
Bien Aime, his son and a minor, and Johnson Bien Aime, his son and a minor, and Violette Bien Aime,
his wife, Appellants, v. STATE FARM MUTUAL INSURANCE COMPANY, a foreign corporation; and Casey
Chevrolet, a foreign corporation, Appellees.
TEXT: CONNER, BURTON C., Associate Judge. Jean Robert Bien Aime appeals the trial court s
dismissa...Aime has evidence to prove that the repair allegedly controlled by State Farm was the
proximate cause of Bien Aime s injuries in the later accident.
842-CITE: 544 So.2d 1046 Mary Ann DEVOLDER and James Devolder, Appellants, v. Carolyn Garrett SANDAGE,
Appellee.
TEXT: PARKER, Judge. Mary Ann and James DeVolder, wife and husband, appeal a trial court s denial
...dgment in favor of Mrs. DeVolder consistent with the unreduced amount of the verdict as reached
by the jury. RYDER, A.C.J., and DANAHY, J., concur.
843-CITE: 446 So.2d 200 Maria Luisa RIVERA, Appellant, v. RANDLE EASTERN AMBULANCE SERVICE, INC., Hugh
Randolph Caines, Jr., and Fidelity and Casualty of New York, Appellees.
TEXT: JORGENSON, Judge. Maria Rivera and the estate of Juan Rivera, her late husband, filed an
act...hat the rule should be abolished and replaced, as it has been in other jurisdictions, by some
more enlightened rule, id. at 918 (citations omitted).
844-CITE: 457 So.2d 519 Lawrence PUGLIA, Appellant, v. DRINKS ON THE BEACH, INC., a dissolved Florida
corporation, d b a Drinks On The Beach, Appellee.
TEXT: SCHOONOVER, Judge. The appellant, Lawrence Puglia, has appealed from an order dismissing
wit...the lawful drinking age. Affirmed in part, reversed in part, and remanded for proceedings
consistent herewith. SCHEB, A.C.J., and OTT, J., concur.
845-CITE: 522 So.2d 937 Herbert HONEYCUTT, Appellant, v. BOSWELL VOYLE APPLIANCES, and Cigna, Appellees.
TEXT: SHIVERS, Judge. The claimant in this workers compensation case, Herbert Honeycutt, argues
th...eversed, and the matter is remanded for further proceedings consistent with this opinion.
REVERSED and REMANDED. JOANOS and THOMPSON, JJ., concur.
846-CITE: 630 So.2d 1139 Samuel A. VOORHEES, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Petition for writ of certiorari denied. RYDER, A.C.J., and DANAHY, J., concur.
...(1), Fla.Stat. (1991). Mr. Voorhees sentences are well within those restrictions. Accordingly, I
agree that he is not entitled to certiorari relief.
847-CITE: 510 So.2d 304 STATE of Florida, Appellant, v. Brian HACKER, Appellee.
TEXT: ON MOTION FOR REHEARING GUNTHER, Judge. We grant appellee s motion for rehearing but treat
... order granting appellee s motion to dismiss Count I and remand for further proceedings.
REVERSED AND REMANDED. GLICKSTEIN and STONE, JJ., concur.
848-CITE: 511 So.2d 1084 Molly SEALEY, Appellant, v. CORONET INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. This is the second appeal in this case following our reversal of a final
summary...sion of the subject insurance policy was fully applicable. See General Guar. Ins. Co. v.
Broxsie, 239 So.2d 595, 597 (Fla. 1st DCA 1970). Affirmed.
849-CITE: 613 So.2d 437 STATE of Florida, Petitioner, v. Eric C. NORSTROM, Respondent.
TEXT: OVERTON, Justice. We have for review Norstrom v. State, 587 So.2d 1148 (Fla. 4th DCA 1991),
...nsider the other issues raised in the initial appeal. It is so ordered. BARKETT, C.J., and
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
850-CITE: 501 So.2d 701 Margaret CAURANT and Joseph Caurant, her husband, Appellants, v. CITY OF PUNTA
GORDA, a municipal corporation, Appellee.
TEXT: SANDERLIN, Judge. Appellants (the Caurants) bring this appeal from a summary judgment
entere...Accordingly, we reverse the summary judgment and remand the case to the trial court for
further proceedings. GRIMES, A.C.J., and FRANK, J., concur.
851-CITE: 490 So.2d 218 Pamela LEIBMAN and Howard Polley, Appellants, v. Carol Middaugh BURBANK, the
City of Fort Lauderdale, et al., Appellees.
TEXT: LETTS, Judge. This is an appeal from the trial court s grant of a final summary judgment
hol...neral duty to the public and that no special relationship existed between the officer and the
plaintiffs. AFFIRMED. ANSTEAD and DELL, JJ., concur.
852-CITE: 623 So.2d 616 STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. Juan C. GONZALEZ, Appellee.
TEXT: BARKDULL, Judge. State Farm appeals an order granting Gonzalez a summary judgment, and an
or...d, as is the order awarding attorney s fees, with directions to enter summary judgment in favor
of the insurance carrier. Reversed with directions.
853-CITE: 737 So.2d 1170 SPECIALTY EMPLOYEE LEASING and The Zenith Insurance Company, Appellants, v.
William DAVIS, Hartley Brothers Construction And Sterling Cooke Insurance Services, Inc., Appellees.
TEXT: WEBSTER, J. In this workers compensation case, Specialty Employee Leasing (Specialty) and
it...he case is remanded for further proceedings consistent with this opinion. REVERSED and
REMANDED, with directions. ERVIN and LAWRENCE, JJ., CONCUR.
854-CITE: 573 So.2d 1049 Sofia GLANTZIS and Phillip Glantzis, her husband, Appellants, v. STATE
AUTOMOBILE MUTUAL INSURANCE COMPANY, Appellee.
TEXT: DOWNEY, Judge. Appellants, Sofia Glantzis and Phillip Glantzis, insureds under an
automobile...gment appealed from and remand the cause for further proceedings consistent herewith.
HERSEY, C.J., and FRANK, RICHARD H., Associate Judge, concur.
855-CITE: 463 So.2d 443 Fred EDER, Appellant, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,
Appellee.
TEXT: WALDEN, Judge. We recite with approval the comprehensive Final Summary Judgment entered by
t... Willard, 426 So.2d 996 (Fla. 2d DCA 1983); City of Cape Coral v. Duval, 436 So.2d 136 (Fla. 2d
DCA 1983). Affirmed. HURLEY and DELL, JJ., concur.
856-CITE: 520 So.2d 681 Lloyd Eugene KORNEGAY, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Before us is an appeal from a judgment and sentence for manslaughter and
d...t the jury s verdict. Based on the foregoing, the judgment of conviction and sentence for
manslaughter is affirmed. BOOTH and ZEHMER, JJ., concur.
857-CITE: 536 So.2d 384 Jose ALEMAN, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Jose Aleman seeks review of the trial court s upward departure from the
sentenci...ingly, we vacate the sentence and remand for sentencing within the guidelines. See Shull
v. Dugger, 515 So.2d 748 (Fla.1987). VACATED AND REMANDED.
858-CITE: 523 So.2d 189 Margaret H. OLIVER and Carlton A. Oliver, her husband, Appellants, v. David S.
EISENMAN, Appellee.
TEXT: ZEHMER, Judge. The Olivers appeal a jury verdict finding defendant David Eisenman not
guilty... not particularly relevant to the facts of the case, any error in giving the instruction
was harmless. AFFIRMED. BOOTH and WIGGINTON, JJ., concur.
859-CITE: 490 So.2d 1340 AMERICAN CASUALTY COMPANY OF READING, PA., Appellant, v. Luis FERNANDEZ and
Mercedes Fernandez, his wife, Appellees.
TEXT: NESBITT, Judge. American Casualty Company (American) appeals a summary judgment finding
unin...y defines an uninsured motor vehicle. It does not expand the definition of covered auto or
covered person and, therefore, does not provide coverage.
860-CITE: 639 So.2d 1093 John Allen LUKE, Appellant, v. INDIAN RIVER COUNTY, and Fellsmere Water Control
District, Appellees.
TEXT: PER CURIAM. In the underlying action, John Allen Luke sought to recover for personal
injurie...n made by the trial court on summary judgment. REVERSED AND REMANDED. DELL, C.J.,
HERSEY, J., and DAUKSCH, JAMES C., JR., Associate Judge, concur.
861-CITE: 457 So.2d 507 Paul JOHNSON, Petitioner, v. The Honorable E. Randolph BENTLEY, Circuit Judge in
the Tenth Judicial Circuit, in and for Polk County, State of Florida, and Bonnie Anita Petty and
James Petty, her husband, Respondents.
TEXT: DANAHY, Judge. In a case of first impression in Florida, a newspaper photographer asks this
...blished photographs. The order compelling discovery is QUASHED and this case is REMANDED with
directions. BOARDMAN, A.C.J., and LEHAN, J., concur.
862-CITE: 508 So.2d 735 Ernest Franklin MAROON, Appellant, v. George CARR, as Personal Representative of
the Estate of Crisoforo Aguilar, deceased, Burton Citrus Harvesting, Inc., and Florida Farm Bureau
Casualty Insurance Company, Appellees.
TEXT: PER CURIAM. This appeal arises out of a motor vehicle accident. Appellee decedent,
Crisoforo...mand this case for a new trial on both the issue of liability and the issue of damages.
REVERSED and REMANDED. LETTS, DELL and STONE, JJ., concur.
863-CITE: 731 So.2d 38 ALLSTATE INSURANCE COMPANY, Appellant, v. Michelle MAZZORANA, Appellee.
TEXT: POLEN, J. Allstate Insurance Company ( Allstate ) timely appeals from an amended final
judgm...avor of Mazzorana. See Section 768.79, Fla.Stat. (1997); Nathanson v. Houss, 717 So.2d 114
(Fla. 4th DCA 1998). STEVENSON and HAZOURI, JJ., concur.
864-CITE: 466 So.2d 281 Kerry L. BARROW, Appellant, v. SHEL PRODUCTS, INC. d b a Shelton Trucking,
Appellee.
TEXT: BARFIELD, Judge. Kerry L. Barrow, claimant, appeals the final order of the deputy
commission...ner is reversed and the cause remanded for further proceedings consistent with this
opinion. REVERSED and REMANDED. MILLS and JOANOS, JJ., concur.
865-CITE: 436 So.2d 425 The DOLL HOUSE, INC., and Argonaut Insurance Company, Appellants, v. John
Douglas PORTER, TCB, INC., d b a Sugars, and The Travelers Insurance Company, Appellees.
TEXT: PER CURIAM. This cause is before us on appeal from an order of the deputy commissioner
findi... law, the petition for writ of certiorari is denied, and the cause is remanded for further
proceedings. BOOTH, WENTWORTH and THOMPSON, JJ., concur.
866-CITE: 544 So.2d 1129 Christopher James BERDOS, Appellant, v. Amy Lynn DOWLING, Sandra Lynn Dowling,
Jax Liquors, Inc., a Florida Corporation, and Pizza Hut of America, Inc., a Kansas Corporation,
Appellees.
TEXT: PER CURIAM. The plaintiff, a resident of Broward County, Florida, sustained injuries in a
ca... a change in venue. The same reasoning should apply here to justify the trial court s transfer
of venue to the county where the accident took place.
867-CITE: 577 So.2d 635 SARASOTA COUNTY SCHOOL BOARD and Gallagher Bassett, Appellants Cross-Appellees,
v. Vera CASTAGNA, Appellee Cross-Appellant.
TEXT: BARFIELD, Judge. The employer servicing agent (ESA) appeal a workers compensation order
find...e matter is remanded for further proceedings consistent herewith. AFFIRMED in part, REVERSED
and REMANDED in part. NIMMONS and ALLEN, JJ., concur.
868-CITE: 751 So.2d 125 William PEARSON Appellant, v. ROYAL CARIBBEAN CRUISES, LTD., Appellee.
TEXT: PER CURIAM. Affirmed. See Clement v. Rousselle Corp., 372 So.2d 1156, 1158 (Fla. 1st DCA
197...argue to the jury, that the accident was due solely to the negligence of a person not party to
the suit. ), cert. denied, 383 So.2d 1191 (Fla.1980).
869-CITE: 537 So.2d 1090 Patricio CERON and Linda Ceron, Appellants, v. PAXTON NATIONAL INSURANCE
COMPANY, Appellee.
TEXT: PER CURIAM. Generally exclusionary clauses in an insurance policy are construed strictly
aga...judgment under review is hereby reversed and the matter returned to the trial court for
further proceedings. REVERSED AND REMANDED WITH DIRECTIONS.
870-CITE: 561 So.2d 479 HUFFMAN, INC., a foreign corporation, and the American Insurance Company, a
foreign corporation, Appellants, v. PARKSON CORPORATION, a foreign corporation, Appellee.
TEXT: PER CURIAM. AFFIRMED. See Venetian Salami Co. v. Parthenais, 554 So.2d 499 (Fla.1989);
Hartf...Fla.1989); Hartford Accident and Indemnity Co. v. City of Thomasville, Ga., 100 Fla. 748,
130 So. 7 (1930). ANSTEAD, LETTS and WALDEN, JJ., concur.
871-CITE: 601 So.2d 1342 DEPARTMENT OF CORRECTIONS, DIVISION OF RISK MANAGEMENT, and Crawford & Company,
Appellants, v. Willie SMITH, Appellee.
TEXT: PER CURIAM. The claimant having failed to prove that his need for rehabilitation benefits
wa...mel, 590 So.2d 1088 (Fla. 1st DCA 1991); Peters v. Armellini Express Lines, 527 So.2d 266 (Fla.
1st DCA 1988). ZEHMER, ALLEN and WOLF, JJ., concur.
872-CITE: 545 So.2d 508 GAINES MOTOR LINES, INC., Appellant, v. Channdra SCOTT, The Firestone Tire &
Rubber Company, et al., Appellees.
TEXT: PER CURIAM. Gaines Motor Lines appeals form an order denying its motion to quash service of
...jurisdictional issue and amend pleading, if necessary). *510 AFFIRMED; remanded for further
proceedings consistent with the views expressed herein.
873-CITE: 456 So.2d 1274 CITY OF JACKSONVILLE, Appellant, v. David G. BAKER, etc., et al., Appellees.
TEXT: THOMPSON, Judge. The City of Jacksonville (City) appeals a jury verdict in favor of the
plai...gree, the court shall order a new trial in the cause on the issue of damages only. (emphasis
supplied). AFFIRMED. SHIVERS and ZEHMER, JJ., concur.
874-CITE: 582 So.2d 86 Patrick SWEENEY, as Personal representative of the Estate of Daniel Sweeney,
deceased, Appellant, v. GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, a foreign corporation
authorized to transact insurance in Florida, Appellee.
TEXT: PER CURIAM. Affirmed. See, e.g., Latin American Property & Casualty Insurance Company v.
Pas...EN, JJ. TEXT: PER CURIAM. Affirmed. See, e.g., Latin American Property & Casualty Insurance
Company v. Pastor, 561 So.2d 1302 (Fla. 3d DCA 1990).
875-CITE: 536 So.2d 1179 COPELAND STEEL and CNA Insurance Co., Appellants, v. Walter MILES, Appellee.
TEXT: SHIVERS, Judge. The employer carrier (E C) in this workers compensation case appeal an
order...ue of medical benefits, the DC s award of costs is affirmed. ACCORDINGLY, WE AFFIRM IN
PART, REVERSE, AND REMAND. BOOTH and THOMPSON, JJ., concur.
876-CITE: 475 So.2d 1217 BANKERS INSURANCE COMPANY, Petitioner, v. Caridad MACIAS, Respondent.
TEXT: McDONALD, Justice. We have for review Macias v. Bankers Insurance Co., 452 So.2d 1020 (Fla.
...notice had been properly given to Bankers. We find that Bankers answer sufficiently put
compliance with the notice provision of the policy at issue.
877-CITE: 687 So.2d 27 Scot L. HAMILTON, Appellant, v. MELBOURNE SAND TRANSPORT, INC., Appellee.
TEXT: THOMPSON, Judge. Scot L. Hamilton appeals the trial court s order granting Melbourne Sand
Tr...ton s loss of future earning ability. REVERSED and REMANDED with directions that the jury
verdict be reinstated. DAUKSCH, and ANTOON, JJ., concur.
878-CITE: 694 So.2d 91 Elizabeth BARCELO, Appellant, v. The ESTATE OF Silvia E. NELSON, Appellee.
TEXT: SORONDO, Judge. The Appellant, plaintiff, filed suit for negligence as a result of an
automo...erning stop sign and then entered the intersection. Id. at 266. In this case, there is no
testimony as to either driver s behavior. I would affirm.
879-CITE: 739 So.2d 1171 PENNSYLVANIA LIFE INSURANCE COMPANY, Appellant, v. Jack ARON, Appellee.
TEXT: GREEN, J. An insurer appeals an adverse final summary judgment entered in its insured s
acti...ed where the insured committed an intentional act with the intention of only causing fear but
which actually resulted in accidental bodily injuries.
880-CITE: 707 So.2d 845 Tandra L. HOWARD, Appellant Cross-Appellee, v. Jorge Enrique PEREZ, Appellee
Cross-Appellant.
TEXT: BLUE, Judge. Tandra L. Howard appeals an order granting a new trial on both liability and
da...t, and remand for a new trial on the issue of all damages. Affirmed in part, reversed in part,
and remanded. PARKER, C.J., and QUINCE, J., concur.
881-CITE: 458 So.2d 6 Gerardo DIAZ, Frank Venezia, individually, and Frank Venezia, d b a Papa Piccolo s
and Florida Insurance Guaranty Association, as obligor for Security Casualty Company, Appellants, v.
KENDALL LEASING CORPORATION, Appellee.
TEXT: PER CURIAM. Affirmed. Sentry Indemnity Company v. Hartford Accident & Insurance Company,
425... JORGENSON, JJ. TEXT: PER CURIAM. Affirmed. Sentry Indemnity Company v. Hartford Accident &
Insurance Company, 425 So.2d 652 (Fla. 5th DCA 1983).
882-CITE: 611 So.2d 558 FLORIDA FARM BUREAU CASUALTY INSURANCE COMPANY, Appellant Cross-Appellee, v.
Timothy L. PATTERSON, Appellee Cross-Appellant.
TEXT: WEBSTER, Judge. Appellant appeals, and appellee cross appeals, following the entry of a
fina... the legal rate. In all other respects, we affirm. AFFIRMED IN PART; REVERSED IN PART; and
REMANDED, with directions. ALLEN and WOLF, JJ., concur.
883-CITE: 568 So.2d 520 BARKETT COMPUTER SERVICE and Liberty Mutual Insurance, Appellants, v. Isabel
SANTANA, Appellee.
TEXT: BARFIELD, Judge. The employer and carrier (EC) appeal a workers compensation order which
awa...irways, Inc. v. Weaver, 226 So.2d 801 (Fla.1969). Accordingly, the award of attendant care
benefits is REVERSED. SMITH and WIGGINTON, JJ., concur.
884-CITE: 689 So.2d 1037 THE FLORIDA BAR, Complainant, v. Ronald J. YORK, Sr., etc., Respondent.
TEXT: REVISED OPINION PER CURIAM. We have for review the complaint of The Florida Bar (the Bar)
a...NG, WELLS and ANSTEAD, JJ., concur. ------------ (FN1) The referee amended his report to strike
the recommendation that costs be taxed against York.
885-CITE: 694 So.2d 165 Keith Edward JONES, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, Appellee.
TEXT: GRIFFIN, Judge. This is an appeal of a summary final judgment entered in favor of State
Farm...uest for an examination was made. See Tindall v. Allstate Ins. Co., 472 So.2d 1291, 1293
(Fla. 2d DCA 1985), review denied, 484 So.2d 10 (Fla.1986).
886-CITE: 565 So.2d 760 Lamont LAFFMAN, By and Through his mother and natural guardian Ruby JACQUES, and
Ruby Jacques, Appellants, v. Harry G. SHERROD, Appellee.
TEXT: PER CURIAM. Sixteen-year-old Lamont Laffman was injured when knocked from his moped by an
au... of erroneous evidentiary rulings discussed above constituted substantial prejudicial error and
requires a new trial. Botte. Reversed and remanded.
887-CITE: 467 So.2d 443 DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY DIVISION OF RISK MANAGEMENT,
Appellant, v. Maureen McGREW, Appellee.
TEXT: BARFIELD, Judge. The employer appeals the final workers compensation order and raises the
fo... REMANDED for reconsideration of quantity and cause for claimant s disability, if any,
consistent with this opinion. MILLS and JOANOS, JJ., concur.
888-CITE: 560 So.2d 347 STATE of Florida, Appellant, v. Adam G. WENGER, Appellee.
TEXT: PERTERSON, Judge. The state appeals the suppression of a blood test report of a specimen
tak...on 395.017(3)(d) that requires notice to be given to the patient when his records are sought
by subpoena. AFFIRMED. COBB and GRIFFIN, JJ., concur.
889-CITE: 590 So.2d 1025 Ernest TURNER, Appellant, v. CARL BLANCHARD PLASTERING, ASSOCIATED INDUSTRIES,
and Executive Risk, Appellees.
TEXT: BOOTH, Judge. This cause is before us on appeal of a final order denying compensation
benefi...ccordingly the order is affirmed in part, reversed in part, and remanded for further
proceedings consistent herewith. MINER and ALLEN, JJ., concur.
890-CITE: 537 So.2d 190 Bernard SCHWARTZ and Hannah Schwartz, husband and wife, Appellants, v. HUGHES
SUPPLY, INC., a Florida corporation, Solen Herman Hingson, Jr., James Rehak d b a Cape Auto Body,
and Joseph Senese, Appellees.
TEXT: SCHEB, Judge. Appellants Bernard Schwartz and Hannah Schwartz, his wife, challenge the
entry...summary judgment and remand to the trial court for further proceedings in accordance with
this opinion. CAMPBELL, C.J., and SCHOONOVER, J., concur.
891-CITE: 519 So.2d 78 Rita KOPROWSKI and James Koprowski, her husband, Appellants, v. MANATEE COUNTY,
Appellee.
TEXT: SCHEB, Acting Chief Judge. The plaintiff below, Rita Koprowski, sued Manatee County seeking
...uggists Insurance Co., 450 So.2d 540 (Fla. 2d DCA 1984). Summary judgment vacated; remanded for
further proceedings. LEHAN and FRANK, JJ., concur.
892-CITE: 725 So.2d 450 Robert SPIVAK and Andrea Spivak, Appellants, v. Helen Treadwell SHAW, Appellee.
TEXT: PER CURIAM. We affirm the judgment in the defendant s favor. Here, unlike the facts in Kao
v... evidence before it. Eppler v. Tarmac America, Inc., 695 So.2d 775, 777 (Fla. 1st DCA), review
granted, 705 So.2d 8 (Fla.1997). Judgement affirmed.
893-CITE: 563 So.2d 152 Armando MARQUEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant, Armando Marquez, appeals his conviction and sentence for vessel
h...f a felony of the second degree, punishable as provided in Section 775.082, Section 775.083, or
Section 775.084. Section 782.072, Fla.Stat. (1987).
894-CITE: 454 So.2d 88 CANAL INSURANCE COMPANY, Appellant, v. Celia GIESENSCHLAG and Milton
Giesenschlag, her husband, Appellees.
TEXT: RYDER, Chief Judge. Appellees, Celia and Milton Giesenschlag, sued appellant, Canal
Insuranc... enter a summary judgment in favor of appellant, Canal Insurance Company. REVERSED and
REMANDED with instructions. HOBSON and GRIMES, JJ., concur.
895-CITE: 497 So.2d 292 OWENS-ILLINOIS SELF INSURED, Appellant, v. Curtis Lee FANIEL, Appellee.
TEXT: MILLS, Judge. In this workers compensation appeal from a modification order, we are asked
to...to make a claim for, and be awarded, wage-loss benefits based on the assigned disability
rating. Affirmed. BOOTH, C.J., and WENTWORTH, J., concur.
896-CITE: 733 So.2d 1076 Patricia NOLAN, Appellant, v. DELTA AIRLINES and Wausau Insurance, Appellees.
TEXT: CORRECTED OPINION VAN NORTWICK, J. In this workers compensation action, the claimant,
Patri...rrectional Inst. v. Kriegel, 522 So.2d at 47. REVERSED and REMANDED for proceedings
consistent with this opinion. BOOTH AND PADOVANO, JJ., CONCUR.
897-CITE: 639 So.2d 602 STANDARD JURY INSTRUCTION IN CRIMINAL CASES (94-1).
TEXT: PER CURIAM. The Court recently aproved an instruction on attempted first-degree felony
murde...criminal purpose. Notes to Judge 1. Define the crime alleged. 2. If 1b is given,
immediately give principal instruction (3.01 on page 32a).
898-CITE: 700 So.2d 118 Jorge COMESANAS and Harriet Comesanas, his wife, Appellants, v. AUTO-OWNERS
INSURANCE COMPANY, Appellee.
TEXT: FRANK, Acting Chief Judge. Jorge Comesanas and Harriet Comesanas appeal from the summary
jud...are indistinguishable from the relevant elements deemed controlling in Amica. Accordingly, we
affirm. Affirmed. PATTERSON and FULMER, JJ., concur.
899-CITE: 727 So.2d 1140 Sherry Mayfield MAYO and Jerry Mayo, her husband, Appellants, v. Emerentienn F.
GAZAROSIAN and State Farm Mutual Automobile Insurance Company, Appellees.
TEXT: W. SHARP, J. Mayo appeals after a jury trial in which she was awarded approximately $50,000
...a case in which fundamental error occurred necessitating a new trial. AFFIRMED. ORFINGER, M.,
Senior Judge, concurs. COBB, J., concurs in result.
900-CITE: 642 So.2d 46 Reba Y. SPACAL (SUTTON), Appellant, v. Martin MARIETTA and Scott Wetzel Services,
Inc., Appellees.
TEXT: WOLF, Judge. The claimant in this case appeals from a final order in which the judge of
comp...ausal relationship between the first authorized surgery and the present request for
treatment. Reversed and remanded. ERVIN and KAHN, JJ., concur.
901-CITE: 587 So.2d 573 Barbara MAZYCK, individually, and as Personal Representative of the Estate of
Jamone Williams, a deceased minor, Appellant, v. CARIBBEAN LAWN, INC., a Florida corporation, d b a
Caribbean Lawn Service, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiff Barbara Mazyck, individually, and as
personal...was of a potential danger of children playing on an adjacent field and chasing a ball
which errantly went from the playing field into the shrubbery.
902-CITE: 620 So.2d 227 GENERAL AGENTS INSURANCE COMPANY OF AMERICA, Appellant, v. Robert C. BOEHM and
Nereida Boehm, his wife, Marcus Pearce and David Yarborough, Appellees.
TEXT: WARNER, Judge. This is an appeal from a final summary judgment which determined that an
exce...say here. *229 This case is therefore reversed and remanded for further proceedings.
ANSTEAD, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
903-CITE: 500 So.2d 290 Ronald BOWES, Appellant, v. The STATE of Florida, Appellee.
TEXT: NESBITT, Judge. Bowes appeals from his convictions for two counts of first-degree murder
and...xcusable. There was no confusion on the part of the jury. See generally Lacy v. State, 387
So.2d 561 (Fla. 4th DCA 1980). I would therefore affirm.
904-CITE: 468 So.2d 275 Lawrence H. JONES and Sandra Jones, his wife, Appellants, v. John A. WHITE, M.D.
and Richard Deiorio, M.D., Appellees.
TEXT: PER CURIAM. The plaintiffs prosecuted a malpractice action for sciatic nerve damage
resultin...deotaped operation which were different were only irrelevant, not prejudicial. Affirmed.
GRIMES, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
905-CITE: 504 So.2d 61 Anton MAEDER, Appellant, v. Harry S. HONIG, Appellee.
TEXT: PER CURIAM. Reversed. Upon review of the record we believe that there is evidence that
appel...to the contrary and dismissing appellant s claim. Cf. Burkett v. Parker, 410 So.2d 947 (Fla.
1st DCA 1982). ANSTEAD, WALDEN and STONE, JJ., concur.
906-CITE: 633 So.2d 65 WINN DIXIE STORES, INC., Appellant, v. D & J CONSTRUCTION CO., a k a D & J
Construction, Inc., Appellee.
TEXT: PER CURIAM. We reverse the summary judgment against Winn Dixie on the grounds that the
indem... HERSEY, Judge, dissenting. I would affirm on the authority of Snowhite Dust Control
Services., Inc. v. Becker, 568 So.2d 110 (Fla. 4th DCA 1990).
907-CITE: 526 So.2d 721 PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Appellant, v. T. Armlon LEONARD,
Jr., Appellee.
TEXT: PER CURIAM. Provident Life and Accident Insurance Company (Provident) appeals a final
summar...nal summary judgment denying cross-appellant s claims is affirmed, and the cause is
remanded for further proceedings in accordance with our holding.
908-CITE: 687 So.2d 843 Robert ARNOLD d b a Yale Tire and Battery Company, Appellant, v. BEACON
INSURANCE COMPANY OF AMERICA, a Foreign Corporation; The Hertz Corporation, a Foreign Corporation;
and Citibank (South Dakota) N.A. d b a Citibank Preferred Visa, a Banking Corporation, Appellees.
TEXT: FRANK, Acting Chief Judge. Robert Arnold, in this declaratory judgment action, sued Beacon
I...ustained by the Hertz substitute auto. Affirmed in part, reversed in part, and remanded.
ALTENBERND, J., and SCHEB, JOHN M., Senior Judge, concur.
909-CITE: 621 So.2d 764 H. Paul HETT, Appellant, v. MADISON MUTUAL INSURANCE COMPANY, INC., Catherine
Korobey, and William Korobey, Appellees.
TEXT: PATTERSON, Judge. H. Paul Hett appeals from the final order dismissing his complaint
against...y hearing to determine if the complaint was in fact delivered by the inmate to the agents
of the state within the applicable statute of limitations.
910-CITE: 610 So.2d 700 EMMANUEL ROBERTS, Appellant, v. SAFEWAY INSURANCE COMPANY, as subrogee of
Jacqueline Rahmings, Appellee.
TEXT: PER CURIAM. Emmanuel Roberts appeals from an order denying his motion to set aside a
default...ll three requirements for vacating a default judgment, Roberts was entitled to the relief
requested. Reversed and remanded for further proceedings.
911-CITE: 667 So.2d 271 Franklin NEWMAN, as personal representative for the estate of Sally Newman,
Appellant, v. William HERRIN, Appellee.
TEXT: JOANOS, Judge. Sally Newman was killed in a motor vehicle collision while driving a 1988
Toy... of the jeep s unlawful headlight height appears in the deposition testimony of the Highway
Patrol trooper who conducted the accident investigation.
912-CITE: 613 So.2d 105 SUN CHEVROLET, INC., Appellant, v. Manuel CRESPO, etc., Appellee.
TEXT: NESBITT, Judge. The defendant, Sun Chevrolet, Inc., appeals the trial court s order
granting...exist as to this issue, summary judgment is precluded. Accordingly, the summary judgment
is reversed and the case remanded for further proceedings.
913-CITE: 669 So.2d 1101 Demeris CROWDER, Appellant, v. JACKSONVILLE TRANSIT AUTHORITY and The
Travelers, Appellees.
TEXT: BARFIELD, Judge. The claimant appeals a workers compensation order denying her claim for
wag...nt-A-Car v. Sosa, 670 So.2d 73 (Fla. 1st DCA 1996). The judge of compensation claims order is
AFFIRMED. KAHN, J., and SMITH, Senior Judge, concur.
914-CITE: 515 So.2d 426 Guy Thomas DELISA, Appellant, v. STEWART AGENCY, INC., Appellee.
TEXT: STONE, Judge. The plaintiff was injured while a passenger in his own automobile, which had
b...ual Casualty Company, 243 So.2d 140 (Fla.1971). The judgment of the trial court is, therefore,
affirmed. HERSEY, C.J., and GLICKSTEIN, J., concur.
915-CITE: 712 So.2d 1183 Magali ASTIGARRAGA, Appellant Cross-Appellee, v. Richard V. GREEN, Appellee
Cross-Appellant.
TEXT: BLUE, Acting Chief Judge. Magali Astigarraga appeals the order granting a new trial after
sh...ection 768.043 and enter an order of remittitur. Reversed and remanded with directions,
cross-appeal affirmed. WHATLEY and NORTHCUTT, JJ., concur.
916-CITE: 581 So.2d 176 Anna C. WILKES, Appellant, v. Joanne COLONGELO, Appellee.
TEXT: DOWNEY, Judge. This is an appeal from a final judgment entered in favor of appellant,
Wilkes...t appealed from and remand the cause with directions to enter judgment for appellant in
accord with the jury verdict. STONE AND POLEN, JJ., concur.
917-CITE: 621 So.2d 580 James RIVARD and Barbara Rivard, his wife, Appellants, v. Floyd GRIMM and Helen
Grimm, Appellees.
TEXT: PER CURIAM. This is an appeal from a final summary judgment in favor of defendants
appellees...ce to the tape-recorded statement because it was not part of the record on appeal and a
clear violation of the Florida Rules of Appellate Procedure.
918-CITE: 485 So.2d 907 Brian O CONNOR, Appellant, v. Maria Carmen ROSAS and Joseph O Connor, Appellees.
TEXT: PER CURIAM. The summary final judgment is reversed. We are particularly concerned that the
a...nt in entering the intersection where the accident took place. See Section 316.2061, Fla.Stat.
(1983). ANSTEAD, GLICKSTEIN and WALDEN, JJ., concur.
919-CITE: 566 So.2d 904 Margot BOELKE, Petitioner, v. Catherine PEIRCE and Raymond Peirce, Respondents.
TEXT: DOWNEY, Judge. By petition for writ of certiorari filed by Margot Boelke, petitioner seeks
r...Ct. 608, 74 L.Ed.2d 430 (1983), and DeLisi v. Bankers Insurance Company, 436 So.2d 1099 (Fla.
4th DCA 1983). HERSEY, C.J., and GARRETT, J., concur.
920-CITE: 602 So.2d 611 Susan A. CURTIS, Appellant, v. BULLDOG LEASING COMPANY, INC., et al., Appellees.
TEXT: LETTS, Judge. In an automobile accident case, the trial judge permitted the defendant to
pre...ed for appellant s unproved failure to wear her seat belt. Id. 578 So.2d at 59. Our holding
today obviously conflicts with the holding in Barcello.
921-CITE: 728 So.2d 1231 Noris Yolanda SERRANO, Appellant, v. Eduardo AYALA, et al., Appellees.
TEXT: PER CURIAM. Appellant, Noris Yolanda Serrano ( defendant ), appeals an order denying her
mot...ndant s gross negligence. See Levante v. Corallo, 688 So.2d 427 (Fla. 3d DCA 1997); Ole, Inc.
v. Yariv, 566 So.2d 812 (Fla. 3d DCA 1990). Reversed.
922-CITE: 647 So.2d 997 CITY OF LAKELAND and Johns Eastern Company, Appellants, v. Richard LOVELAND,
Appellee.
TEXT: WENTWORTH, Senior Judge. This is an appeal of a final workers compensation order requiring
t...nd the cause remanded for reconsideration of the issue based on such further evidence as the JCC
may require. ZEHMER, C.J. and WEBSTER, J., concur.
923-CITE: 739 So.2d 710 Trudy Nolen BRYANT, as personal representative of the Estate of Phillip Wallace
Bryant, and Trudy Nolen Bryant, individually, Appellants, v. Larry R. BUERMAN, Appellee.
TEXT: TAYLOR, J. In this appeal from a judgment in favor of appellee for permanent injuries
result...tle, if any, discretion, and appellate courts will not hesitate to find error. Accordingly,
the broad discretion rule is of little help to appellee.
924-CITE: 583 So.2d 1020 Kitteridge S. FITZGIBBON, Petitioner, v. GOVERNMENT EMPLOYEES INSURANCE
COMPANY, etc., Respondent.
TEXT: McDONALD, Justice. In Government Employees Insurance Co. v. Fitzgibbon, 568 So.2d 113, 115
(... We approve the decision under review. It is so ordered. SHAW, C.J., and OVERTON, GRIMES,
KOGAN and HARDING, JJ., concur. BARKETT, J., dissents.
925-CITE: 465 So.2d 590 McARTHUR DAIRY, INC. and General Accident Group, Appellants, v. Harriet OLINSKY
and the Division of Workers Compensation, Appellees.
TEXT: BARFIELD, Judge. An examination of the record in this workers compensation appeal shows
comp... competent substantial evidence to support the findings of the deputy commissioner, and the
final order is AFFIRMED. MILLS and JOANOS, JJ., concur.
926-CITE: 614 So.2d 495 Donna EASKOLD, Petitioner, v. James RHODES, Jr., et ux., Respondents.
TEXT: HARDING, Justice. We have for review Rhodes v. Easkold, 588 So.2d 267 (Fla. 1st DCA 1991),
b...rections that the trial court s judgment be affirmed. It is so ordered. BARKETT, C.J., and
OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.
927-CITE: 507 So.2d 1178 Thomas P. MONDELLO and Mary C. Mondello, Appellants, v. LIBERTY MUTUAL
INSURANCE COMPANY, Appellee.
TEXT: HALL, Judge Appellants Thomas and Mary Mondello appeal a summary final judgment entered in
f...stant case. Therefore, the Mondellos cannot seek uninsured motorist benefits from Liberty
Mutual. Affirmed. RYDER, A.C.J., and LEHAN, J., concur.
928-CITE: 567 So.2d 1011 Mary MASON, Appellant, v. McCRORY CORPORATION, etc.; Consolidated Royal
Corporation, etc., et al.
TEXT: PER CURIAM. The plaintiff, Mary Mason, appeals from a final summary judgment entered in
favo...1969). Accordingly, we reverse the final summary judgment under review. Reversed and
remanded for further proceedings consistent with this opinion.
929-CITE: 459 So.2d 1172 Shirley I. McHAN and Burnice McHan, her husband, Appellants, v. Teresa Lynn
HUGGINS, Appellee.
TEXT: COBB, Chief Judge. This is an appeal from an award of attorney fees pursuant to section
57.1...practical or impossible. See Stevenson v. Rutherford, 440 So.2d 28 (Fla. 4th DCA 1983).
REVERSED. DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur.
930-CITE: 568 So.2d 525 Philip MANTHEI, Appellant, v. ROBERT C. MALT & CO. and the Claims Center,
Appellee.
TEXT: WIGGINTON, Judge. Before us is a workers compensation appeal from the order of the judge of
...the claim is found to be compensable. REVERSED and REMANDED for further proceedings consistent
with this opinion. SMITH and BARFIELD, JJ., concur.
931-CITE: 507 So.2d 1146 Thomas Richard SLATER, Appellant, v. UNITED PARCEL SERVICE and Liberty Mutual
Insurance Co., Appellees.
TEXT: ERVIN, Judge. The claimant in this workers compensation case appeals the final order of the
...termines the claim to be compensable. REVERSED AND REMANDED for further proceedings consistent
with this opinion. SHIVERS and ZEHMER, JJ., concur.
932-CITE: 651 So.2d 1219 Bobbie STEVENS and American Finance Adjustors, Inc., a Florida corporation,
Appellants, v. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, Appellee.
TEXT: PER CURIAM. In these consolidated appeals Bobbie Stevens and American Finance Adjustors,
Inc...greeing with Atkins). In view of the ruling on coverage and duty to defend, the trial court
correctly dismissed Stevens remaining claims. Affirmed.
933-CITE: 682 So.2d 1200 Virgilio DUARTE, Appellant, v. Mary WETZEL and Thomas Wagner, Appellees.
TEXT: GROSSMAN, MEL, Associate Judge. Appellant, Virgilio Duarte (hereinafter Duarte), filed a
com..., had driven without her consent and gotten caught, and *1202 she still left the keys in the
kitchen. I would hold that consent is an issue of fact.
934-CITE: 573 So.2d 992 Armando SANCHEZ, Appellant, v. Yolanda BENGOCHEA and Ernesto Bengochea,
Appellees.
TEXT: PER CURIAM. Armando Sanchez, defendant in an automobile negligence action, appeals an order
...nsider [that] either one attorney or the other has been . . . objecting to the admission of any
evidence that is not to be considered by you . . . .
935-CITE: 592 So.2d 259 DADE COUNTY SCHOOL BOARD, Appellant, v. Raul GUTIERREZ, as Personal
Representative of the Estate of Rabsary Gutierrez, et al., Appellees.
TEXT: PER CURIAM. This is an appeal by the defendant Dade County School Board from a final
judgmen...d, 436 So.2d 101 (Fla.1983); Metropolitan Dade County v. Yelvington, 392 So.2d 911 (Fla.
3d DCA), rev. denied, 389 So.2d 1113 (Fla.1980). Affirmed.
936-CITE: 530 So.2d 388 Barbara J. Miller FLADD, Appellant, v. FORTUNE INSURANCE COMPANY, Appellee.
TEXT: RYDER, Acting Chief Judge. On March 28, 1981, appellant was injured when a vehicle in which
... receipts of benefits legally due. Therefore, and in that case, the statute of limitations may
very well have been extended by the carrier s action.
937-CITE: 752 So.2d 102 Teri Lynn DARBY a k a Teri Lynn Veil a k a Teri Lynn Novak and Michelle Veil,
Appellants, v. ATLANTA CASUALTY INSURANCE COMPANY, Appellee.
TEXT: BLUE, Judge. Teri Lynn Darby and Michelle Veil appeal a nonfinal order denying their
motions..., we reverse and remand. Reversed and remanded for further proceedings in accordance with
this opinion. PATTERSON, C.J., and SALCINES, J., Concur.
938-CITE: 460 So.2d 389 PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellant, v. Sylvester McKINNIE,
Appellee.
TEXT: PER CURIAM. Section 627.727(1), Florida Statutes (1981), provides in pertinent part that
uni...uld be able to invoke his uninsured motorist coverage to insure, as close as possible, within
the coverages, that he does recover his total damages.
939-CITE: 720 So.2d 552 VALUE RENT-A-CAR, INC., Appellant, v. Billy C. HARBERT and Violet Harbert, his
wife, Appellees.
TEXT: KLEIN, Judge. The issue presented by this non-final appeal is whether the trial court
should...ed in the new forum as though it had been filed in that forum on the date it was filed in
Florida, with service of process accepted as of that date.
940-CITE: 473 So.2d 220 AMICA MUTUAL INSURANCE COMPANY, Appellant, v. Marie F. GIFFORD, etc., et al.,
Appellees.
TEXT: ORFINGER, Judge. This is the second appearance of this case before the court. See Amica
Mutu...will have no fund on which its subrogation right will operate. Thus the judgment below is
AFFIRMED. FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.
941-CITE: 464 So.2d 1202 Robert Michael RUSSELL, Appellant, v. STATE of Florida, DEPARTMENT OF
CORRECTIONS, and Division of Risk Management, Appellee.
TEXT: MILLS, Judge. Russell appeals from a deputy commissioner s workers compensation order
denyin... his employment, nor did it arise out of his employment; and the claim must, therefore,
be denied. AFFIRMED. SHIVERS and WIGGINTON, JJ., concur.
942-CITE: 462 So.2d 28 Louis ELLIS and Vivian Ellis, Appellants, v. Paul HAM and Progressive American
Insurance Company, Appellees.
TEXT: PER CURIAM. We reverse upon a finding that although the evidence regarding the alcohol
intak...ir prejudice substantially outweighed the probative value of the evidence. Section 90.403,
Fla.Stat. (1981). Reversed and remanded for a new trial.
943-CITE: 561 So.2d 322 LOWE S OF BRANDENTON and Fred B. James Company, Appellants, v. Donald STUCK,
Appellee.
TEXT: THOMPSON, Judge. The employer, Lowe s of Bradenton, and its servicing agent appeal an order
... of compensability was not based on competent substantial evidence and the award of benefits
accordingly is reversed. BOOTH and MINER, JJ., concur.
944-CITE: 606 So.2d 442 Charlotte BOUDREAU, Appellant, v. GENERAL ACCIDENT FIRE AND LIFE INSURANCE
CORP., LTD., Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order dismissing a complaint in an insurance
bad-f... cause of action we reverse the order and remand this cause for further proceedings.
REVERSED and REMANDED. GOSHORN, C.J., and HARRIS, J., concur.
945-CITE: 591 So.2d 281 Monica RAPP, Appellant, v. TOLBERT ENTERPRISES, INC., d b a Ramada Inn of Fort
Walton Beach, Florida, Appellee.
TEXT: SHIVERS, Judge. Appellant, Monica Rapp, appeals the trial court s order granting summary
jud...We therefore reverse the finding of summary judgment, and remand for further proceedings.
REVERSED and REMANDED. ERVIN and WIGGINTON, JJ., concur.
946-CITE: 459 So.2d 1132 Steven J. KROUSE, Personal Representative of the Estate of Jeffrey B. Krouse, a
minor, deceased, Appellant, v. AVIS RENT-A-CAR SYSTEM, INC., etc., David Signore, Nancy Signore, et
al., Appellees.
TEXT: PER CURIAM. After carefully considering the record and briefs in this wrongful death case,
w...Fla. 3d DCA 1980); Gulewicz v. Cziesla, 366 So.2d 507, 508 (Fla. 2d DCA 1979). The final summary
judgment under review is in all respects Affirmed.
947-CITE: 675 So.2d 980 Angel SEGARRA, et al., Appellants, v. Betty MELLERSON, et al., Appellees.
TEXT: JORGENSON, Judge. In these consolidated appeals, defendants Angel and Liza Segarra appeal
fr...ht of the standard announced in Dvorak. In all other respects, we affirm the judgments under
review. Affirmed in part; reversed in part; remanded.
948-CITE: 465 So.2d 1366 STATE of Florida, Petitioner, v. Stanley W. ENGLEHARDT, Respondent.
TEXT: DOWNEY, Judge. The State of Florida seeks issuance of a writ of certiorari to review an
orde...view of the foregoing, the order of the circuit court is quashed, and the judgment of the
county court is reinstated. HURLEY and DELL, JJ., concur.
949-CITE: 550 So.2d 122 Wayne DEAHL, Appellant, v. UNI-PAK CORPORATION and Northbrook Property &
Casualty Company, Appellees.
TEXT: ZEHMER, Judge. The claimant, Wayne Deahl, appeals a final order denying his claim for
worker... that up. However, these statements do not deprive her previous testimony negating the
presence of such abrasions of all probative value whatsoever.
950-CITE: 568 So.2d 973 Lorraine KUTNER, f k a Lorraine Vidal, Appellant, v. STATE of Florida,
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellee.
TEXT: GERSTEN, Judge. Appellant, Lorraine Kutner (Kutner), was injured when her car was struck by
...unfairly prejudiced the Department. Having concluded the other point raised by Kutner to be
without merit, the final judgment appealed is affirmed.
951-CITE: 745 So.2d 1110 J.V., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: LAWRENCE, J. J.V., a juvenile, seeks review of an order adjudicating him delinquent for the
...succeed. Accordingly, we AFFIRM the order adjudicating J.V. delinquent for the offense of
possession of cannabis. ERVIN and PADOVANO, JJ., CONCUR.
952-CITE: 676 So.2d 1045 STATE of Florida, Appellant, v. Stacey SAMS, Appellee.
TEXT: PETERSON, Chief Judge. The State of Florida appeals the trial court s order suppressing the
... cause, ordered the search. ORDER VACATED; REMANDED. DAUKSCH and ANTOON, JJ., concur.
------------ (FN1) Section 316.193(3)(c)3, Fla.Stat. (1993).
953-CITE: 547 So.2d 276 SAUER INDUSTRIAL CONTRACTING INC., and CNA Insurance Co., Appellants, v. James
E. DITCH, III, Appellee, v. FLORIDA BECHTEL and Commercial Union, Appellees Cross-Appellants.
TEXT: WENTWORTH, Judge. Employer Sauer Industrial Contracting, Inc., and carrier CNA Insurance
Com...sponsibility between Sauer CNA and Bechtel Commercial Union was thus appropriate. The order
appealed is affirmed. NIMMONS and ZEHMER, JJ., concur.
954-CITE: 440 So.2d 687 Colleen Wadsworth THOMPSON & Allstate Insurance Company, Appellants, v. Lois
Preston FUNNY & Johnny Funny, Appellees.
TEXT: THOMPSON, Judge. This is an appeal from an order granting a new trial in a personal injury
a...a new trial is reversed and the case is remanded to the trial court to enter judgment in favor
of the appellants. MILLS and WIGGINTON, JJ., concur.
955-CITE: 453 So.2d 208 Martha H. FREEMAN and Jerry R. Freeman, Appellants, v. MANPOWER, INC., and
MacDonald Services, Inc., d b a Manpower Temporary Services, et al., Appellees.
TEXT: NIMMONS, Judge. Appellant Martha H. Freeman was injured in an automobile accident in which
h... and coming rule. The trial court was correct in entering the summary judgment in favor of
Manpower. AFFIRMED. THOMPSON and BARFIELD, JJ., concur.
956-CITE: 687 So.2d 884 E.H., Appellant, v. TEMPORARY LABOR SOURCE, INC., and Cisco, Appellees.
TEXT: ERVIN, Judge. Claimant, E.H., appeals the order by the Judge of Compensation Claims (JCC)
de... is an issue of fact for the JCC to resolve on remand. See, however, North River Ins. Co. v.
Wuelling, 683 So.2d 1090 (Fla. 1st DCA 1996) (en banc).
957-CITE: 603 So.2d 554 Michael SCHUBERT and his wife, Patti Schubert, Appellants, v. ALLSTATE INSURANCE
COMPANY, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal in a personal injury action, the trial court having
denied...fferent. See Marks v. Delcastillo, 386 So.2d 1259, 1267 and n. 15 (Fla. 3d DCA 1980), rev.
denied, 397 So.2d 778 (Fla.1981) and cases cited therein.
958-CITE: 480 So.2d 134 Alton M. BLANTON, Appellant, v. DIVISION OF RETIREMENT, Appellee.
TEXT: ERVIN, Judge. Blanton appeals from a final order of the State Retirement Commission
(Commiss...o award in-line-of-duty benefits retroactively to the date of the original award of
regular retirement benefits. WENTWORTH and ZEHMER, JJ., concur.
959-CITE: 557 So.2d 581 John R. BONA, Appellant, v. PEOPLES GAS SYSTEM, INC., Morchem Resources, Inc.,
and Hartford Accident & Indemnity Company, Appellees.
TEXT: PER CURIAM. This case involves a landowner, John R. Bona, who brought suit for damages and
t...d party beneficiary of the performance bond and thus could not maintain an action against
Hartford on the bond. Reversed in part, affirmed in part.
960-CITE: 605 So.2d 580 B.J. MILITANA and Marie Militana, Appellants, v. Philip LADD and Shirley Ladd,
Appellees.
TEXT: PER CURIAM. The plaintiffs, B.J. Militana and Marie Militana, appeal from a final cost
judgm... Section 57.041, Fla.Stat. (1989). Accordingly, the final cost judgment entered in favor of
the defendants liability insurance carrier is affirmed.
961-CITE: 465 So.2d 594 GIRDLEY CONSTRUCTION COMPANY and Associated Industries of Florida, Appellants,
v. Bert OHMSTEDE (deceased) and Mrs. Bert Ohmstede, Appellees.
TEXT: AS CORRECTED ON DENIAL OF REHEARING THOMPSON, Judge. The employer and carrier appeal an
ord...ident itself but only that this type of conduct is consistent with the injury suffered by the
decedent. The order of the deputy should be affirmed.
962-CITE: 499 So.2d 900 Gracedieu BLANC, Appellant, v. Eugene ALLEN and Florida Farm Bureau, Appellees.
TEXT: WENTWORTH, Judge. Appellant seeks review of a workers compensation order denying his claim
f...kshear, supra. Accordingly, the order is reversed and the cause remanded for further
proceedings on the claim. BOOTH, C.J., and MILLS, J., concur.
963-CITE: 623 So.2d 561 John Eugene CLARK and Lynn A. Clark, Appellants, v. Garry GOCHENAUR d b a
Marianna Truss and Framing Systems, Appellee.
TEXT: PER CURIAM. The Clarks appeal an order granting summary judgment in favor of Garry
Gochenaur...ht. The summary final judgment is reversed and remanded for further proceedings
consistent with this opinion. JOANOS, ALLEN and WOLF, JJ., concur.
964-CITE: 730 So.2d 785 James OGLESBY, Appellant, v. AMERICAN SUZUKI MOTOR CORPORATION, etc., Appellee.
Keith Oja, Appellant, v. American Suzuki Motor Corporation, etc., Appellee.
TEXT: SHEVIN, Judge. Plaintiffs, James Oglesby and Keith Oja, appeal final summary judgments in
fa...for instructions. In view of the multiple unresolved factual issues, summary judgment was
improperly entered and the judgments are hereby Reversed.
965-CITE: 450 So.2d 353 LYKES MEMORIAL HOSPITAL and All Risk Corporation of Florida, Appellants, v.
Rebecca POPE, Appellee.
TEXT: MILLS, Judge. We affirm the deputy commissioner s order which awarded tempoary total
disabil...aused by her industrial accident, and that finding is supported by competent, substational
evidence. AFFIRMED. SHIVERS and WIGGINTON, JJ., concur.
966-CITE: 680 So.2d 466 Rose VIGLIOTTI, Appellant, v. K-MART CORPORATION and KM Administrative Service,
Appellees.
TEXT: KAHN, Judge. In this workers compensation case, Rose Vigliotti seeks review of an order
deny...his issue on this appeal. Accordingly, we REVERSE and REMAND for further proceedings
consistent with this opinion. BARFIELD and DAVIS, JJ., concur.
967-CITE: 511 So.2d 1127 Stewart HUNGERFORD, Appellant, v. Delmar C. MATHEWS, Appellee.
TEXT: LETTS, Judge. A plaintiff sought damages for a knee injury sustained in an automobile
accide... Florida Rules of Civil Procedure 1.360. We find no merit to any of the other arguments on
appeal. AFFIRMED. GLICKSTEIN and GUNTHER, JJ., concur.
968-CITE: 577 So.2d 617 Mary A. CHRISTOPHER and James E. Christopher, Wife and Husband, Appellants, v.
Clement Bernard BONIFAY, Individually, and Shear Concrete Products, Inc., Appellees.
TEXT: PER CURIAM. In this appeal from a judgment rendered in a personal injury action, appellants
...f consortium. [Albritton v. State Farm Mutual Automobile Insurance Company, 382 So.2d 1267
(Fla. 2nd DCA 1980).] I would affirm as to all issues.
969-CITE: 513 So.2d 153 SPARTAN ELECTRONICS and CNA Insurance Company, Appellants, v. Wanda RUSSELL,
Appellee.
TEXT: WENTWORTH, Judge. Appellants, the employer carrier, seek review of a workers compensation
or...rmine entitlement to attorney s fees. The order is affirmed in part and reversed in part, and
the cause remanded. MILLS and BARFIELD, JJ., concur.
970-CITE: 459 So.2d 332 Edna OSORIO, Appellant, v. METROPOLITAN DADE COUNTY, a political subdivision of
the State of Florida, Appellee.
TEXT: DELL, JOHN W., Associate Judge. Appellant, Edna Osorio, appeals an adverse final summary
jud...everse the summary final judgment in favor of the appellee and remand this cause to the trial
court for further proceedings. REVERSED and REMANDED.
971-CITE: 646 So.2d 831 CARNIVAL CRUISE LINES, INC., Appellant, v. Jose NUNEZ, Appellee.
TEXT: PER CURIAM. Carnival Cruise Lines, Inc. ( Carnival ) appeals an adverse final judgment
enter...nuance of the trial was an abuse of discretion. Accordingly, we reverse and remand for a new
trial on the amended complaint. Reversed and remanded.
972-CITE: 488 So.2d 545 STROMBERG-CARLSON, etc., Appellant, v. Lee Ann JACKSON and Lael R. Jackson,
Appellees.
TEXT: SHARP, Judge. Stromberg-Carlson appeals from an order denying its motion for a judgment not
...The case shall proceed thereafter to conclusion at the circuit court level. REHEARING GRANTED;
REMANDED. DAUKSCH, UPCHURCH and SHARP, JJ., concur.
973-CITE: 568 So.2d 1279 Jeramy James Rickey RUSHING, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. We reverse appellant s conviction for manslaughter with a firearm. The
evidenc...DER CIRCUMSTANCES THAT DO NOT SUPPORT AN ISSUE OF SUDDEN PROVOCATION OR SUDDEN COMBAT?
ANSTEAD, J., and RICHARD H. FRANK, Associate Judge, concur.
974-CITE: 751 So.2d 663 Susan Pica GREENBAUM, Appellant Cross-Appellee, v. Donald J. SAVOY, Appellee
Cross-Appellant.
TEXT: KLEIN, J. Appellant plaintiff prevailed in her suit for personal injuries arising out of an
...a new trial. Second, granting a new trial because this award was excessive would constitute an
abuse of discretion. FARMER and TAYLOR, JJ., concur.
975-CITE: 573 So.2d 998 James Arthur WRIGHT, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of judgments of conviction and sentences for
vehicu...cur. ------------ (FN1) Cf., Sullivan v. State, 562 So.2d 813 (Fla. 1st DCA 1990), where
violation of section 782.071(2) was not separately charged.
976-CITE: 453 So.2d 79 VIC LANE CONSTRUCTION, INC. and Gulf Insurance Group, Appellants, v. Donald B.
HOLLAND, Appellee.
TEXT: WIGGINTON, Judge. The employer carrier appeal from the final order of the deputy
commissione...dial medical care is not awardable following maximum medical improvement. Manns Jiffy
Food Mart, et al. v. O Neil, 453 So.2d 78 (Fla. 1st DCA 1984).
977-CITE: 536 So.2d 317 MGH ENTERPRISES, INC., Appellant, v. Addie NUNNALLY, Appellee.
TEXT: BARKDULL, Judge. In 1982 the appellee filed a personal injury action seeking damages as a
re... for the reasons above stated, the matter is returned to the trial court for a new trial on
damages. Reversed and remanded for further proceedings.
978-CITE: 751 So.2d 754 FLORIDA DISTILLERS and Humana Workers Compensation Services, Appellants, v.
Johnny RUDD, Appellee.
TEXT: VAN NORTWICK, J. In this worker s compensation appeal, Florida Distillers and Humana
Workers...t within the managed care system, is an argument without merit. Accordingly, the order
under review is AFFIRMED. BOOTH AND PADOVANO, JJ., CONCUR.
979-CITE: 685 So.2d 979 Dean F. TSUTRAS and Maria Tsutras, Appellants, v. Chris DUHE and Alamo
Rent-A-Car, Inc., etc., Appellees.
TEXT: HARRIS, Judge. The issue in this case, not yet decided by a Florida court, is whether a
nonr... the essential requirements of law and would therefore decline to issue the writ. See Haines
City Community Dev. v. Heggs, 658 So.2d 523 (Fla.1995).
980-CITE: 658 So.2d 1006 GENERAL ACCIDENT FIRE AND LIFE INSURANCE CORPORATION, LTD., Petitioner, v.
Charlotte BOUDREAU, Respondent.
TEXT: PER CURIAM. General Accident Fire and Life Insurance Corp., Ltd., (General), seeks
certiorar...exist, the fiduciary obligation existed from the time General received notice of the
claim. DENIED. PETERSON, DIAMANTIS and THOMPSON, JJ., concur.
981-CITE: 485 So.2d 490 Scot Harding DAVIS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Because the disputed and equivocal circumstantial evidence that Davis was
drivin...23 (Fla.1976), the conviction below of manslaughter under Section 316.1931, Fla.Stat.
(1983) is reversed with directions to discharge the defendant.
982-CITE: 475 So.2d 1244 Richard Irwin EICHHOLZ, Sr., Pamela Jane Eichholz, Dixie Auto Transport Company
and Transit Casualty Company, Appellants, v. PEPO PETROLEUM COMPANY, INC., Aetna Insurance Company
and Jeanne Kay Boyd, Appellees.
TEXT: MILLS, Judge. Eichholz appeals from a final judgment based on a jury verdict in favor of
Boy...anty, 359 So.2d 430 (Fla.1978). Appellants have made no such showing. AFFIRMED. NIMMONS, J.,
and PEARSON, TILLMAN (Ret.), Associate Judge, concur.
983-CITE: 683 So.2d 1174 Pamela ALLOGGIA, Appellant, v. PARADISE RENTALS #1, INC., a Florida
Corporation; Holiday Inns, Inc., a Foreign Corporation, and Keith McKay, Appellees.
TEXT: STEVENSON, Judge. This is an appeal from an order granting a motion for change of venue in
a... of the trial court). Accordingly, the order granting the change of venue is AFFIRMED. SHAHOOD,
J., concurs. FARMER, J., dissents without opinion.
984-CITE: 548 So.2d 1193 AVIS RENT-A-CAR SYSTEM, INC., and William F. Steinen, Petitioners, v. Paul H.
SMITH, Respondent.
TEXT: PER CURIAM. Respondent, Paul H. Smith, sued petitioners, William Steinen and Avis
Rent-A-Car...36 So.2d 108 (Fla.1970). The writ of certiorari is granted and the order of the trial
court is quashed. DOWNEY, GLICKSTEIN and STONE, JJ., concur.
985-CITE: 460 So.2d 998 INDUSTRIAL FIBERGLASS MANUFACTURERS & EMPLOYERS CASUALTY COMPANY, Appellants, v.
James A. DAVIS, Appellee.
TEXT: WENTWORTH, Judge. The employer and carrier seek review of the deputy commissioner s
determin...he method originally adopted by the E C which was to average the 1982 calendar year
subtracting the four weeks during which the plant was shut down.
986-CITE: 465 So.2d 655 ESCAMBIA COUNTY COUNCIL ON AGING and Auto-Owners Insurance Company, Appellants,
v. Willie A. GOLDSMITH, Appellee.
TEXT: MILLS, Judge. The employer carrier (E C) appeal from a workers compensation order awarding
G...at percentage of the award for permanent impairment caused by the natural progression of
pre-existing conditions. JOANOS and BARFIELD, JJ., concur.
987-CITE: 479 So.2d 781 SEABOARD COAST LINE RAILROAD COMPANY, Appellant, v. Steven Randall LOUALLEN, as
Personal Representative of the Estates of Jean Merlene Louallen and Stevie R. Louallen, Appellee.
TEXT: CAMPBELL, Judge. Appellant appeals the final judgments entered against it in favor of
appell...ffirmed. SCHEB, A.C.J., and SCHOONOVER, J., concur. ------------ (FN1) See Miller v.
Florida East Coast Rwy. Co., 477 So.2d 55 (Fla. 5th DCA 1985).
988-CITE: 579 So.2d 146 Gladys CROFT, Appellant, v. DONNA JEAN PACKING COMPANY and Fireman s Fund
Insurance, Appellees.
TEXT: BOOTH, Judge. This cause is before us on appeal from the Judge of Compensation Claims order
...r determination of entitlement to temporary total disability benefits consistent with this
opinion. MINER, J., and WENTWORTH, Senior Judge, concur.
989-CITE: 497 So.2d 726 CONTINENTAL CASUALTY COMPANY, Appellant, v. FIRST ARLINGTON INVESTMENT
CORPORATION, Appellee.
TEXT: HALL, Judge. An insurance company appeals a final judgment for the insured in a declaratory
...ed, or should have provided, to the two clients. Accordingly, the final judgment for Arlington
is affirmed. GRIMES, A.C.J., and RYDER, J., concur.
990-CITE: 587 So.2d 570 Georgia M. JONES, Appellant, v. David Michael COOK and Fairchild-Florida Const.
Co., Appellees.
TEXT: JOANOS, Chief Judge. Georgia M. Jones has appealed an order of the trial court granting
appe...e of the action in Florida, and the trial court correctly granted summary judgment in favor
of appellees. Affirmed. SMITH and ZEHMER, JJ., concur.
991-CITE: 551 So.2d 575 SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR & EMPLOYMENT SECURITY, State
of Florida, Appellant, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH CO., Appellee.
TEXT: NIMMONS, Judge. The Special Disability Trust Fund (the Fund ) appeals from the judge of
comp...MER, JJ., concur. ------------ (FN1) See also, Special Disability Trust Fund v. Robbins
Manufacturing Company, 484 So.2d 54, 56 (Fla. 1st DCA 1986).
992-CITE: 534 So.2d 833 STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellant, v. Daphne HASEMEIER,
formerly Daphne Breeding and Teresa Breeding, formerly Teresa Harshbarger, Appellees.
TEXT: SCHEB, Acting Chief Judge. Appellant, State Farm Mutual Automobile Insurance Company,
challe... summary judgment. Summary judgment vacated; case remanded for further proceedings
consistent with this opinion. SCHOONOVER and HALL, JJ., concur.
993-CITE: 527 So.2d 906 Florence EAGLE, Appellant, v. CYPRESS CREEK NURSERY and Claims Center,
Appellees.
TEXT: MILLS, Judge. In this worker s compensation appeal, we reverse the deputy commissioner s
ord... of the workplace, permissibly treated as arising out of the employment irrespective of any
increased risk or hazard attributable to the work place?
994-CITE: 566 So.2d 864 Irma J. SMITH, Appellant, v. HOLY TEMPLE CHURCH OF GOD IN CHRIST, INC.,
Appellee.
TEXT: MINER, Judge. Appellant, Irma J. Smith, was injured when the automobile in which she was a
p...ntry of a judgment for appellant for the entire verdict amount. AFFIRMED IN PART, REVERSED IN
PART AND REMANDED. WIGGINTON and ALLEN, JJ., concur.
995-CITE: 434 So.2d 41 GOLDEN GEM GROWERS, INC. and Professional Administrators, Inc., Appellants, v.
Herman A. CROW, Appellee.
TEXT: WIGGINTON, Judge. In this workers compensation appeal the deputy commissioner unequivocally
...v. Parker, 423 So.2d 610 (Fla. 1st DCA 1982). Accordingly, the award of the attorney s fee is
also reversed. ERVIN, C.J., and THOMPSON, J., concur.
996-CITE: 547 So.2d 314 AIR SOUTH, INC., Appellant, v. Leo A. SPAZIANO, and Christina Spaziano, his
wife, Appellees.
TEXT: GARRETT, Judge. This is an appeal of the trial court s denial of appellant s motion to
dismi...enter an order transferring the case to Dade County for further proceedings. REVERSED AND
REMANDED WITH DIRECTIONS. LETTS and WARNER, JJ., concur.
997-CITE: 743 So.2d 1200 TALLAHASSEE MEMORIAL HEALTHCARE, INC., f k a Tallahassee Memorial Regional
Medical Center, Inc., and Palmer & Cay, Inc., Appellants, v. Susie COLEMAN, Appellee.
TEXT: BENTON, J. Tallahassee Memorial Healthcare, Inc. (the hospital) provided Susie Coleman
medic... failure to obtain care dining the two years following her last visit to Dr. Loeb. Reversed
and remanded. BARFIELD, C.J., and WEBSTER, J., CONCUR.
998-CITE: 746 So.2d 1129 ALLSTATE INSURANCE COMPANY, Appellant, v. Milissa T. KIDWELL, George R. Kidwell
IV, Than Nguyen and Su Minh Huynh, Appellees.
TEXT: TAYLOR, J. Allstate Insurance Company appeals the denial of its motion for a new trial
follo...ion for a new trial and remand for a new trial on damages. REVERSED and REMANDED. SHAHOOD,
J., and ROTHSCHILD, RONALD J., Associate Judge, concur.
999-CITE: 439 So.2d 892 John CMEYLA, Appellant, v. BAYNARD-THOMPSON FUNERAL HOME and Aetna Insurance
Co., Appellees.
TEXT: ZEHMER, Judge. The issue in this worker s compensation case is whether the deputy
commission...VERSED and this case is REMANDED for entry of an order awarding the claimant full
wage-loss benefits. REVERSED. JOANOS and WIGGINTON, JJ., concur.
1000-CITE: 654 So.2d 959 OSGOOD INDUSTRIES, INC., Martin J. Mueller, and Lisa Jane Shomada, Appellants,
v. Donna SCHLAU and Ethan Schlau, Appellees.
TEXT: PARKER, Judge. Osgood Industries, Inc., Martin J. Mueller, and Lisa Jane Shomada,
defendants...defense. We, therefore, reverse the judgment and order a new trial. Reversed and
remanded for a new trial. FRANK, C.J., and PATTERSON, J., concur.
1001-CITE: 579 So.2d 402 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Misti GREEN,
Appellee.
TEXT: GOSHORN, Judge. Green filed a complaint for specific performance against State Farm
Automobi...The final judgment was erroneously entered and the case is reversed and remanded for
trial. REVERSED and REMANDED. COWART and HARRIS, JJ., concur.
1002-CITE: 695 So.2d 711 Douglas ANDERSON, Appellant, v. CITY OF LEESBURG, Appellee.
TEXT: PER CURIAM. The appellant challenges an order imposing sanctions for his failure to attend
a...to this case as the appellant s accident occurred prior to its effective date. See Southern
Bakeries v. Cooper, 659 So.2d 339 (Fla. 1st DCA 1995).
1003-CITE: 546 So.2d 766 Karen S. CANTOR, Petitioner, v. TOYOTA MOTOR SALES, USA, INC., et al.,
Respondents.
TEXT: ORFINGER, Judge. Karen Cantor, a plaintiff in a tort action seeking only property damage,
pe...e course of her own treatment are protected by the statutory privilege. We GRANT the petition
and QUASH the order. DAUKSCH and SHARP, JJ., concur.
1004-CITE: 530 So.2d 293 LUMBERMENS MUTUAL CASUALTY CO., Petitioner, v. Susan AUGUST, Respondent.
TEXT: EHRLICH, Justice. We have for review Lumbermens Mutual Casualty Co. v. August, 509 So.2d
352...he district court for proceedings consistent with this opinion. It is so ordered. OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
1005-CITE: 650 So.2d 1082 Brett Allan WARREN, Personal Representative of the Estate of Dianna Lynn
Warren, deceased, Appellant, v. The TRAVELERS INSURANCE COMPANY and The Phoenix Insurance Company,
Appellees.
TEXT: PER CURIAM. As personal representative of the estate of Dianna Lynn Warren, Brett Allan
Warr... MOTORIST BENEFITS, WHERE THE POLICY EXCLUDES THE INSURED VEHICLE FROM ITS DEFINITION OF
UNINSURED VEHICLE? JOANOS, WOLF and BENTON, JJ., concur.
1006-CITE: 730 So.2d 288 Roderick D. CLARK, Appellant, v. L. & A. CONTRACTING COMPANY, Appellee.
TEXT: PER CURIAM. Affirmed. See Metropolitan Dade County v. Colina, 456 So.2d 1233 (Fla. 3d DCA
19...78 (Fla. 4th DCA 1986), review denied, 504 So.2d 766 (Fla.1987). Based on the foregoing, I
would reverse the summary judgment and remand for trial.
1007-CITE: 622 So.2d 613 UNIVERSITY OF MIAMI and Gallagher Bassett Insurance Services, Inc., Appellants,
v. Esta DANSKY and The Home Insurance Co., Appellees.
TEXT: ON MOTION FOR REHEARING MINER, Judge. In an unpublished order dated April 27, 1993, this
co...uld not indulge a mere technicality by granting the extraordinary relief of certiorari. I would
adhere to the initial decision to deny the petition.
1008-CITE: 458 So.2d 870 Dorothea CONRAN, Appellant, v. Irene K. YOUNG, Insurance Company of North
America, City of Oakland Park and Broward County, et al., Appellees.
TEXT: DELL, Judge. Dorothea Conran appeals from summary final judgments granted in favor of the
Ci...ident. Thus we affirm the summary judgment in favor of the City. AFFIRMED IN PART; REVERSED IN
PART and REMANDED. DOWNEY and BARKETT, JJ., concur.
1009-CITE: 714 So.2d 576 RELIANCE INSURANCE COMPANY, a foreign corporation, Appellant, v. HOOLIGAN S PUB
AND OYSTER BAR, LTD., Appellee.
TEXT: PER CURIAM. Affirmed. See Tiedtke v. Fidelity & Cas. Co. of New York 222 So.2d 206
(Fla.1969...la. 1st DCA 1974). See also Island Breakers v. Highlands Underwriters Ins. *577 Co., 665
So.2d 1084, 1085 (Fla. 3d DCA 1995) (Cope, J., concurring).
1010-CITE: 496 So.2d 227 HOLIDAY INN and Adjustco, Inc., Appellants, v. Herschel SALLEE, Appellee.
TEXT: MILLS, Judge. Holiday Inn and Adjustco, Inc. (E C) appeal from an order of the deputy
commis...1379, (Fla. 1st DCA 1986); Prestressed Systems *230 v. Goff, 486 So.2d 1378 (Fla. 1st DCA
1986). Affirmed. BOOTH, C.J., and WENTWORTH, J., concur.
1011-CITE: 656 So.2d 965 David A. LANINFA, Appellant, v. PRUDENTIAL PROPERTY and CASUALTY INSURANCE,
etc., Appellee.
TEXT: PETERSON, Judge. David A. Laninfa appeals the final summary judgment in favor of his
insurer... nature of an exclusion, should it not be construed narrowly in favor of coverage? Demshar
v. AAACon Auto Transport, Inc., 337 So.2d 963 (Fla.1976).
1012-CITE: 566 So.2d 923 DUBOIS FARMS, INC. and United States Fidelity & Guaranty Company, Appellants, v.
Marie Carmelle PAUL, Appellee.
TEXT: SMITH, Judge. The employer carrier (E C) appeal an order of the Judge of Compensation
Claims...y definite economic gain to claimant, we agree that the value of this benefit is includable
in AWW. AFFIRMED. WIGGINTON and BARFIELD, JJ., concur.
1013-CITE: 454 So.2d 743 ATLANTIC PLASTERING, INC. and Risk Management Services, Appellants, v. Charles
W. O HARA, Appellee.
TEXT: MILLS, Judge. Atlantic Plastering, Inc. and Risk Management Services (E C) appeal an award
t...ervous system, as required by the catastrophic loss statute. The award of catastrophic loss
benefits is affirmed. BOOTH and BARFIELD, JJ., concur.
1014-CITE: 434 So.2d 48 The TRAVELERS INDEMNITY COMPANY, Appellant, v. Rose DANA and Sharon Dana,
Appellees.
TEXT: PER CURIAM. Where, as here, the insured was injured after the past-due premium had been
paid...nk, 345 So.2d 417 (Fla. 3d DCA 1977) (no estoppel where accident for which coverage is sought
occurs before payment of past-due premium). Affirmed.
1015-CITE: 642 So.2d 630 Valencia JACKSON, Appellant, v. LANDMARK LEARNING CENTER and Division of Risk
Management, Appellees.
TEXT: LAWRENCE, Judge. Claimant Valencia Jackson (Jackson) appeals a workers compensation order
de...d REVERSE and REMAND in part, with instructions that the JCC adjust Jackson s AWW and
compensation rate accordingly. JOANOS and DAVIS, JJ., CONCUR.
1016-CITE: 505 So.2d 509 QUALITY INN SOUTH, INC. and CNA Insurance Companies, Appellants Appellees, v.
Lawrence F. WEISS and Nick Mourgides and Olga Mourgides, Appellees Appellants.
TEXT: PER CURIAM. This is a consolidated appeal from (1) a final summary judgment entered in
favor...cessarily means that the summary judgment entered in favor of the defendant engineer on the
contribution indemnity claim was also proper. Affirmed.
1017-CITE: 445 So.2d 1128 CITY OF LAKELAND and Home Insurance Company, Appellant, v. Carl H. CUSHMAN,
Appellee.
TEXT: MILLS, Judge. The employer and carrier (E C) contend in this appeal that the deputy
commissi...itutes competent substantial evidence in support of the deputy commissioner s finding of
causation. AFFIRMED. WENTWORTH and BARFIELD, JJ., concur.
1018-CITE: 444 So.2d 585 Caroline OUELLETTE, Appellant, v. TREASURE ISLE, INC., and Whiting National
Services, Appellees.
TEXT: MILLS, Judge. In this workers compensation action, claimant Ouellette appeals from the
deput...uges standard. Modification for mistake of fact was improper. REVERSED. WENTWORTH, J., and
McCORD, Guyte P., Jr., (Ret.), Associate Judge, concur.
1019-CITE: 700 So.2d 1223 STATE of Florida, Petitioner Cross-Respondent, v. Todd E. DUMAS, Respondent
Cross-Petitioner.
TEXT: HARDING, Justice. We have for review Dumas v. State, 686 So.2d 625 (Fla. 5th DCA 1996), in
w...in Mancuso. I would adhere to our ruling and reasoning in Mancuso and approve the opinion of the
Fifth District. KOGAN, C.J., and SHAW, J., concur.
1020-CITE: 642 So.2d 831 Edward Charles McINNIS, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. Edward Charles McInnis appeals his conviction for aggravated battery. He
conten...*833 Accordingly, we reverse McInnis conviction for aggravated battery and remand for a
new trial. SCHOONOVER, A.C.J., and ALTENBERND, J., concur.
1021-CITE: 495 So.2d 841 Raymond COX and Patty Cox, his wife, Appellants Cross-Appellees, v. SHELLEY
TRACTOR AND EQUIPMENT INC., a Florida corporation, and R.O. Corporation, a foreign corporation,
Appellees Cross-Appellants.
TEXT: PER CURIAM. We reverse the order entered by the trial court granting R.O. Corporation s
moti...Motor Co. v. Marcus, 440 So.2d 373 (Fla. 3d DCA 1983), review dismissed, 447 So.2d 886
(Fla.1984). The judgment, in all other respects, is affirmed.
1022-CITE: 504 So.2d 1262 CITY OF HOLLYWOOD, and Continental Insurance Company, Appellants, v. Eugene
PISSERI, Jr., and Hartford Insurance Company, Appellees.
TEXT: MILLS, Judge. The City of Hollywood and Continental Insurance Company appeal from a workers
...is not pled according to the requirements of law applicable to civil cases.) AFFIRMED. BOOTH,
C.J., concurs. WENTWORTH, J., agrees to conclusion.
1023-CITE: 569 So.2d 859 Manuel ROJAS and Vayola S. Rojas, Appellants, v. Thomas DRAKE, Appellee.
TEXT: SCHEB, Judge. These consolidated appeals (FN1) concern attorney s fees granted pursuant to
s...endant was involved in the accident; the only question was whether he was a responsible party.
Reversed. SCHOONOVER, C.J., and DANAHY, J., concur.
1024-CITE: 435 So.2d 307 WINN-DIXIE STORES, INC., Petitioner, v. Varsenig NAKUTIS, Respondent.
TEXT: ON PETITION FOR WRIT OF CERTIORARI DAUKSCH, Judge. This is before us on a petition for
Writ...p, the *309 plaintiff is not entitled to compelled discovery of the accident reports. Order
QUASHED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur.
1025-CITE: 524 So.2d 1081 Carl Edward BLOCKER, Appellant, v. ARDMORE FARMS, Appellee.
TEXT: ON MOTION FOR CLARIFICATION SHIVERS, Judge. On appellant s motion for clarification, this
o... whatsoever of any industrial injury. There is competent substantial evidence to support the
finding of the deputy and her order should be affirmed.
1026-CITE: 616 So.2d 1048 Byron C. WALLACE and Joann Wallace, his wife, Appellants, v. PENSACOLA
RENT-A-WRECK, INC., Appellee.
TEXT: PETERSON, Judge. Appellants, Byron C. Wallace and Joann Wallace, husband and wife, appeal
th... Once the contract is made part of the record, if appellant cannot adduce any additional
evidence, appellee may yet be entitled to summary judgment.
1027-CITE: 645 So.2d 1060 ALLSTATE INSURANCE COMPANY, Appellant, v. Gina FERRANTE, Appellee.
TEXT: PER CURIAM. An insurer appeals an adverse summary judgment, which declared it liable for
uni...ts as a matter of law is reversed, and this case is remanded to the trial court for further
proceedings consistent herewith. Reversed and remanded.
1028-CITE: 471 So.2d 203 FLORIDA CYPRESS GARDENS, INC., Petitioner, v. Clarence W. MURPHY and Frances
Murphy, Respondents.
TEXT: GRIMES, Acting Chief Judge. By petition for writ of certiorari, Florida Cypress Gardens,
Inc...r who had been retained by the Murphys or their attorney. We grant certiorari and quash the
order of discovery. SCHEB and SCHOONOVER, JJ., concur.
1029-CITE: 566 So.2d 612 Dorothea SMITH and Jack Smith, her husband, Appellants, v. VALLEY FORGE
INSURANCE COMPANY, a foreign corporation, Appellee.
TEXT: ON REHEARING POLEN, Judge. We grant appellants motion for rehearing in order to correct
som...OBTAINING UM BENEFITS UNDER THE HOLDING OF REID V. STATE FARM FIRE & CASUALTY CO, 352 SO.2D
1172 (FLA.1978)? ANSTEAD and GLICKSTEIN, JJ., concur.
1030-CITE: 534 So.2d 745 Albertina DETTLOFF, as Personal Representative and Administrator of the Estate
of Raymond Edward Dettloff, Deceased, Appellant, v. ABRAHAM CHEVROLET, INC., Appellee.
TEXT: PARKER, Judge. Albertina Dettloff, as personal representative and administrator of the
estat...emanded for further proceedings in the trial court consistent with this opinion. REVERSED
AND REMANDED. RYDER, A.C.J., and THREADGILL, J., concur.
1031-CITE: 479 So.2d 867 Leo KIMBROUGH, Appellant, v. Doreen ROWE, Appellee.
TEXT: UPCHURCH, Judge. This is an appeal from a non-final order denying a motion to dismiss for
la... by Kimbrough s actions. Accordingly, the supplemental motion to dismiss should have been
granted. REVERSED. COBB, C.J., and ORFINGER, J., concur.
1032-CITE: 605 So.2d 895 CITY OF MIAMI, Appellant, v. John TOMBLEY, Appellee.
TEXT: SHIVERS, Judge. The former employer self-insured, City of Miami ( City or Appellant ),
appe...ords, as a result of lost, misplaced, and loaned-out medical files. REVERSED and REMANDED,
with instructions. WIGGINTON and BARFIELD, JJ., concur.
1033-CITE: 553 So.2d 332 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Gregory
MICHAELIAN, Appellee.
TEXT: FRANK, RICHARD H., Associate Judge. Gregory Michaelian, the owner of an automobile
restorati... judgment entered in favor of Michaelian and remand this matter for further proceedings
consistent with this opinion. DOWNEY and DELL, JJ., concur.
1034-CITE: 445 So.2d 699 CITY OF TAMPA, Appellant, v. Elizabeth J. JORDA and Louis D. Jorda, her husband,
Appellees.
TEXT: GRIMES, Judge. This is an appeal from an order granting a new trial in a negligence action.
...ing a new trial was a purported judicial error on a liability issue. However, in view of our
disposition of the case, we need not pursue this point.
1035-CITE: 495 So.2d 1204 Ted Leslie PARKER, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Ted Leslie Parker, was tried by jury and found guilty of third
de...the balance of the defendant s points on appeal, and, accordingly, *1207 would affirm the final
judgment of conviction and sentence in all respects.
1036-CITE: 483 So.2d 1389 John LOUGHAN, Appellant, v. SLUTZ SEIBERLING TIRE AND SENTRY CLAIMS SERVICE,
Appellee.
TEXT: McCORD, GUYTE P., Jr. (Ret.), Associate Judge. In this workers compensation case, Loughan
ap...on. See, J.C. Penney Co. v. Levine, 420 So.2d 416 (Fla. 1st DCA 1982). Accordingly, we must
affirm on this issue. ERVIN and WIGGINTON, JJ., concur.
1037-CITE: 492 So.2d 839 Carol J. KNABB and Standard Guaranty Insurance Company, Appellants, v. Susan
Arlene MORRIS, a k a Susan Adeline Morris, Appellee.
TEXT: COBB, Judge. Knabb appeals the denial of her motion to quash service of process made by
appe...of process in this case must fail due to lack of due diligence. Accordingly, the order
entered below is REVERSED. DAUKSCH and COWART, JJ., concur.
1038-CITE: 600 So.2d 14 Mary Ann STERLING, etc., Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY,
etc., Appellee.
TEXT: W. SHARP, Judge. Mary Ann Sterling, the personal representative of the estate of her
daughte... court level. Accordingly, this cause is reversed and remanded for further proceedings.
REVERSED and REMANDED. DAUKSCH and DIAMANTIS, JJ., concur.
1039-CITE: 475 So.2d 916 SEABOARD SYSTEM RAILROAD, INC., a Virginia Corporation, Appellant, v. Ruby
Emogene PEEPLES, individually and as Personal Representative of the Estate of Grady Ernest Peeples,
Deceased, Appellee.
TEXT: GRIMES, Acting Chief Judge. Seaboard appeals from a $775,000 judgment entered against it in
...epresentative was excessive. *918 Since we also reject Seaboard s remaining point on appeal, the
judgment is affirmed. SCHEB and OTT, JJ., concur.
1040-CITE: 578 So.2d 2 Gary HOY and Helen Hoy, d b a Gary Hoy Lawn Service, Appellants, v. FLORIDA FARM
BUREAU INSURANCE COMPANY, Gateway Insurance Agency, and J.K. Cook, Gregory Phillips, Appellees.
TEXT: DOWNEY, Judge. This is a timely appeal from an Order and Final Judgment entered in favor of
...workers compensation benefits be paid to appellee, Phillips, as provided by law. DOWNEY and
LETTS, JJ., and WALDEN, JAMES H., Senior Judge, concur.
1041-CITE: 533 So.2d 886 Steven E. HOSHAW, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Steven Hoshaw appeals from an order revoking his probation. We reverse the
order...s. The trial court s inclusion in its order of that abandoned charge was clearly erroneous.
E.g., Wright v. State, 494 So.2d 522 (Fla. 3d DCA 1986).
1042-CITE: 646 So.2d 242 Dolores ACKLEY, Appellant, v. GENERAL PARCEL SERVICE and American States
Insurance, Appellee.
TEXT: DAVIS, Judge. Claimant, Dolores Ackley, appeals from an order of the Judge of Compensation
C...g so based on the record. Accordingly, we reverse and remand for further proceedings consistent
with this opinion. ALLEN and WEBSTER, JJ., concur.
1043-CITE: 481 So.2d 109 GENCORP, INC., formerly General Tire & Rubber Company, Appellant, v. Joseph E.
WOLFE and Adita J. Wolfe, Appellees.
TEXT: MILLS, Judge. Gencorp, Inc. appeals from a jury verdict in favor of the Wolfes in their
suit... health insurance. The judgment is reversed, and the case remanded for a new trial,
consistent with this opinion. SHIVERS and ZEHMER, JJ., concur.
1044-CITE: 573 So.2d 90 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Avraham GIL, David
Stone, and David Singer, Appellees.
TEXT: PER CURIAM. Appellant, State Farm Mutual Automobile Insurance Company (State Farm), appeals
...attorneys fees and to set forth its specific findings in accordance with Rowe, 472 So.2d at 1151.
Affirmed in part, reversed in part, and remanded.
1045-CITE: 550 So.2d 134 Stephanie JOHNSON, Appellant, v. UNITED AIRLINES and The Hartford Insurance Co.,
Appellees.
TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which her claim
f... section obviously contemplates that more than one proceeding may be pending in some cases. de
Cancino v. Eastern Airlines, 239 So.2d 15 (Fla.1970).
1046-CITE: 557 So.2d 227 Susan PIERSON, Appellant, v. NATIONAL INSURANCE ASSOCIATION, Appellee.
TEXT: PER CURIAM. We conclude, as did the trial court, that the liability coverage exclusion
(FN1)...1977); Allstate Ins. Co. v. Baker, 543 So.2d 847 (Fla. 4th DCA 1989); Newman v. National
Indemnity Co., 245 So.2d 118 (Fla. 3d DCA 1971). Affirmed.
1047-CITE: 547 So.2d 1035 HAPPLE SOLAR CONTRACTORS and State Farm Fire & Casualty Co., Appellants, v.
John HAPPLE, Appellee.
TEXT: NIMMONS, Judge. In this workers compensation appeal the E C assert that the deputy erred in
...rther proceedings consistent with this opinion. If necessary, the deputy may receive additional
evidence. SHIVERS, C.J., and WENTWORTH, J., concur.
1048-CITE: 751 So.2d 1268 Erva MARTINEZ, Appellant, v. Dariel VEGA and Bush Leasing, Inc., a foreign
corporation, Appellees.
TEXT: NESBITT, Senior Judge. Plaintiff below, Erva Martinez, appeals the final judgment entered
af... was asking for a medical opinion, was properly overruled. Accordingly, the order under review
is reversed and the cause is remanded for new trial.
1049-CITE: 451 So.2d 480 Barbara ARMSTRONG and Donald E. Armstrong, Sr., Petitioners, v. MUNFORD, INC.,
Respondent.
TEXT: ALDERMAN, Chief Justice. We accept jurisdiction to review the decision of the District
Court...rt to affirm the trial court s summary judgment in favor of Munford, Inc. It is so ordered.
ADKINS, BOYD, OVERTON, McDONALD and SHAW, JJ., concur.
1050-