Motorcycle Accident
Results 1-6406
1-CITE: 540 So.2d 933 Larry Joe SCALF, Appellant, v. Beth E. LAURAIN and American Hardware Mutual
Insurance Co., Appellees.
TEXT: COWART, Judge. While operating a motorcycle owned by his employer, appellant Scalf was
injur... 633 (Fla.1983); Smith v. Conlon, 355 So.2d 859 (Fla. 3d DCA 1978); and Earnest v.
Southeastern Fidelity Ins. Co., 407 So.2d 995 (Fla. 3d DCA 1981).
2-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.
3-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.
4-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.
5-CITE: 756 So.2d 1105 Dixie Lee GOEDEN, Appellant, v. CM III, INC. d b a Motorcycle Ryder Education
Lower of South Florida, Appellee.
TEXT: COPE, J. Dixie Lee Goeden appeals an adverse summary judgment in her personal injury action
...-- (FN2) The release was executed, and the accident occurred, in July of 1996. *1107 older, and
consequently affirm the summary judgment. Affirmed.
6-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.
7-CITE: 615 So.2d 181 Robert PETERSEN, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee.
TEXT: PER CURIAM. Appellant, Robert Petersen (Petersen), appeals a summary judgment in favor of
ap...d against State Farm. Accordingly, we reverse and remand for entry of summary judgment in favor
of Petersen. Reversed and remanded with directions.
8-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.
9-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).
10-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.
11-CITE: 448 So.2d 613 A.T., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. A.T. appeals his conviction of theft and subsequent adjudication of
delinquency....n of delinquency under review be and the same is hereby reversed with directions to
discharge the appellant. Reversed and remanded with directions.
12-CITE: 596 So.2d 149 STATE of Florida, Appellant, v. Jerome DeCOSEY, Appellee.
TEXT: FRANK, Judge. The State of Florida has appealed from an order suppressing evidence of
contra... and this cause is remanded for further proceedings consistent with this opinion. Reversed
and remanded. LEHAN, A.C.J., and PATTERSON, J., concur.
13-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.
14-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.
15-CITE: 749 So.2d 581 AUTO-OWNERS INS. CO., Appellant, v. William Clyde CHRISTOPHER and Tina Quinn,
etc., Appellees.
TEXT: W. SHARP, J. Auto-Owners Insurance Company (Auto-Owners) appeals from a final summary
judgme... concur. ------------ (FN1) Section 627.727(9)(d), Fla.Stat. See Mangual v. State Farm
Mutual Automobile Ins. Co., 719 So.2d 981 (Fla. 5th DCA 1998)
16-CITE: 558 So.2d 142 Arthur WEINER and Sunny Weiner, Appellants, v. MOTORCYCLE WORLD, INC., d b a
Honda North Kawasaki, Appellee.
TEXT: PER CURIAM. The question presented by this appeal is an immaterial variation of the issue
pr...kswagen, Inc. v. Munsey, 532 So.2d 1296 (Fla. 4th DCA 1988), rev. denied, 539 So.2d 475
(Fla.1989). Summary judgment for the defendant is affirmed.
17-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.
18-CITE: 470 So.2d 98 Harry Alex DUNLAP, IV, Appellant, v. UNITED STATES AUTOMOBILE ASSOCIATION,
Appellee.
TEXT: SMITH, Judge. Appellant filed suit for PIP (FN1) benefits under his father s motor vehicle
i...g struck by a motor vehicle immediately following an accidental, involuntary ejection from the
vehicle. AFFIRMED. MILLS and THOMPSON, JJ., concur.
19-CITE: 547 So.2d 139 In the Interest of M.M., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: SMITH, Chief Judge. Appellant, a juvenile, was stopped while driving a motorcycle
displaying...f v. State, 495 So.2d 145, 150 (Fla.1986); and Tibbs v. State, 397 So.2d 1120
(Fla.1981), aff d, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982).
20-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.
21-CITE: 638 So.2d 936 Michael GRANT, Petitioner, v. STATE FARM FIRE AND CASUALTY COMPANY, Respondent.
TEXT: McDONALD, Senior Justice. We have for review Grant v. State Farm Fire and Casualty Co., 620
...ngly, we approve the decision in Grant and disapprove Petersen. It is so ordered. GRIMES, C.J.,
and OVERTON, SHAW, KOGAN and HARDING, JJ., concur.
22-CITE: 443 So.2d 408 SOUTHEASTERN FIRE INSURANCE COMPANY, Appellant Cross-Appellee, v. Daniel
LEHRMAN, Appellee Cross-Appellant.
TEXT: ANSTEAD, Chief Judge. This is an appeal from a final judgment assessing damages against the
...ent be entered in favor of the appellant. In view of our holding we need not decide the issue
raised on cross appeal. DOWNEY and DELL, JJ., concur.
23-CITE: 585 So.2d 478 Elba Marie VALLE and Elba N. Valle, Appellants, v. Terry CHILDS, Appellee.
TEXT: PER CURIAM. Defendants Elba Marie Valle and Elba N. Valle appeal an adverse partial summary
...ist v. Boyd, 473 So.2d 22 (Fla. 3d DCA 1985). The order under review is reversed and the cause
remanded for further proceedings consistent herewith.
24-CITE: 529 So.2d 276 John CARGUILLO, as Personal Representative of the Estate of John Joseph
Carguillo, deceased, Petitioner, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.
TEXT: EHRLICH, Justice. Petitioner Carguillo s son was killed when his Yamaha motorcycle collided
...en to the extent that it conflicts with this opinion. It is so ordered. McDONALD, C.J., and
OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
25-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.
26-CITE: 620 So.2d 778 Michael GRANT, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee.
TEXT: HERSEY, Judge. Michael Grant appeals a summary judgment rendered in favor of his uninsured
m... Third District reaches an opposite result on virtually identical facts. ANSTEAD, and HERSEY,
JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
27-CITE: 492 So.2d 1160 Laurie Ann DORMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: NIMMONS, Judge. Appellant Dorman appeals from judgment and sentence for both DWI
manslaughte... circumstances of the accident, together with his observation of appellant in the
hospital, supplied probable cause to order the blood alcohol test.
28-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).
29-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.
30-CITE: 750 So.2d 695 Robert SCHMIDT, Appellant, v. STATE FARM MUTUAL INSURANCE COMPANY, a foreign
corporation, Appellee.
TEXT: NORTHCUTT, Judge. We reverse the summary judgment rendered against Robert Schmidt in his
sui...olving multiple injuries. Schmidt was alighting from his motorcycle and never became a
pedestrian with respect to his leg injuries. I would affirm.
31-CITE: 497 So.2d 723 STATE of Florida, Appellant, v. John Morris JONES, Appellee.
TEXT: COBB, Judge. This case presents a question of first impression: Is an unenclosed motorcycle
...aft ; nor is an ultra-light aircraft ; nor is a vessel of wine. I would not pass the question
to the supreme court without ruling; I would affirm.
32-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.
33-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).
34-CITE: 469 So.2d 191 Janean M. JACKSON, as personal Representative of the estate of Clinton W.
Jackson, deceased and Janean M. Jackson, individually, Appellant, v. STATE FARM FIRE AND CASUALTY
COMPANY, Appellee.
TEXT: LEHAN, Judge. Plaintiff appeals from a summary judgment for the defendant insurance company
...o evidence to support her contentions, did not carry her burden of proof. The summary judgment
is affirmed. SCHEB, A.C.J., and DANAHY, J., concur.
35-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. . . .
36-CITE: 440 So.2d 52 Lester Byron McCLENDON, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. At about 2:30 a.m. on November 14, 1982, Officer McDonald, who had stopped
hi...e fact that Officer Baxter was alone, and because of the visible bulge in McClendon s pocket.
AFFIRMED. LARRY G. SMITH and WENTWORTH, JJ., concur.
37-CITE: 682 So.2d 684 Thomas B. SCHUTT, Appellant, v. ATLANTA CASUALTY COMPANIES, Appellee.
TEXT: PETERSON, Chief Judge. Thomas B. Schutt appeals a final summary judgment in favor of
appelle...The contested exclusion is invalid without proof of a knowing rejection on Schutt s part.
REVERSED and REMANDED. DAUKSCH and ANTOON, JJ., concur.
38-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.
39-CITE: 481 So.2d 968 STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, OFFICE of CHILD SUPPORT
ENFORCEMENT, on Behalf of Cherrie WHITMAN, Appellant, v. Michael Clark WHITMAN, Appellee.
TEXT: SCHEB, Judge. The Department of Health and Rehabilitative Services (HRS) appeals a final
ord....2d 329 (Fla. 4th DCA 1981). Reversed and remanded for further proceedings consistent with
this opinion. GRIMES, A.C.J., and CAMPBELL, J., concur.
40-CITE: 680 So.2d 617 Edward PERIERA, Appellant, v. FLORIDA POWER & LIGHT COMPANY, Appellee.
TEXT: KLEIN, Judge. Plaintiff was riding a motorcycle on a bike path at night, when he struck a
gu...tiff. We therefore reverse the summary judgment and certify conflict with Powell. STEVENSON,
J., and GROSSMAN, MELVIN B., Associate Judge, concur.
41-CITE: 437 So.2d 195 Gregory REYNOLDS and Maude Reynolds, Appellants, v. STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. In June 1978, Gregory Reynolds, while riding his motorcycle, for which he had
no...d in Mullis v. State Farm Mutual Automobile Insurance Co., supra. See Progressive American
Insurance Co. v. Glenn, 428 So.2d 367 (Fla. 3d DCA 1983).
42-CITE: 523 So.2d 777 Alvin WOODARD, Barbara Woodard, and the Estate of Barbara Woodard, Appellants,
v. Michael D. BARKLEY, Appellee.
TEXT: FRANK, Judge. The appellants, Alvin Woodard, Barbara Woodard, and The Estate of Barbara
Wood..., however does not persuade us to a different result. Based upon the foregoing, we affirm
the judgment. SCHEB, A.C.J., and SCHOONOVER, J., concur.
43-CITE: 746 So.2d 1259 Walter APPLE, III, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, J. Walter Apple III appeals the trial court s denial of his motion for arrest of
j...on caused the death of another human being, to-wit: CONSTANCE HOLLY ELLIOT, in violation of
Florida Statute 316.193(1) and 316.193(3)(a)(b)(c)3[.]
44-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.
45-CITE: 579 So.2d 211 Phillip TOMLINSON, as Personal Representative of the Estate of Lorie Ann
Tomlinson, deceased, and Jason Daugherty, Robert Daugherty and Penny Daugherty, Appellants, v. STATE
FARM FIRE AND CASUALTY COMPANY and State Farm Mutual Automobile Insurance Company, a foreign
corporation, Appellees.
TEXT: LEHAN, Judge. This declaratory judgment suit was filed by appellee insurers against Mr. and
...vided to Lorie; that argument was not raised below and therefore was not preserved for appeal.
Affirmed. SCHOONOVER, C.J., and DANAHY, J., concur.
46-CITE: 501 So.2d 753 STATE of Florida, Appellant, v. John Norris JONES, Appellee.
TEXT: COBB, Judge. This case presents a question of first impression: Is an unenclosed motorcycle
...a-light aircraft ; nor is a vessel of wine. As I said in my original dissent in State v. Jones,
497 So.2d 723 (Fla. 5th DCA 1986), I would affirm.
47-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.
48-CITE: 629 So.2d 1081 J.M.G., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This case is before us on minor J.M.G. s appeal of the trial court s order to
pa...ate could reinstate the charges. See Forbert v. State, 437 So.2d 1079 (Fla.1983). We do not
think that Forbert applies under the facts of this case.
49-CITE: 626 So.2d 1008 Samuel B. POWELL, Appellant. v. STATE of Florida, DEPARTMENT OF TRANSPORTATION,
Appellee.
TEXT: LAWRENCE, Judge. Samuel B. Powell (Powell) was injured while riding his motorcycle on an
all...alks safe for motorcycle traffic, no cause of action existed as a matter of law. We therefore
affirm the trial court. SMITH and KAHN, JJ., concur.
50-CITE: 573 So.2d 77 David Anthony WILSON, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, David Anthony Wilson, argues on this appeal from
hi...ence. For these reasons, we affirm the trial court judgment denying appellant s motions to
suppress the confessions. HALL and PARKER, JJ., concur.
51-CITE: 627 So.2d 1272 F.T. BLOUNT FUNERAL HOME and Cigna, Appellants, v. CITY OF TAMPA and Alexsis,
and Kenneth Godbey, Appellees.
TEXT: LAWRENCE, Judge. Appellants F.T. Blount Funeral Home and Cigna (together Blount ), and
cross...y s motion for attorney s fees against the City. Accordingly, we affirm in part and reverse
in part. ERVIN, J., and SHIVERS, Senior Judge, concur.
52-CITE: 445 So.2d 1049 Jimmy R. VELEZ, Appellant, v. CRITERION INSURANCE COMPANY, a foreign
corporation, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Jimmy R. Velez, seeks reversal of the final summary judgment
ent... not an occuptant of a motor vehicle or motorcycle. . . However, this was amended to its
present language by chapter 77-268, Laws of Florida (1977).
53-CITE: 582 So.2d 775 STATE of Florida, Appellant, v. Richard McCONNELL, Appellee.
TEXT: HALL, Judge. The state challenges the downward departure sentences imposed on the appellee,
...Fla.1990). (FN2) We note that without the state s agreement no valid plea agreement exists and
the defendant should be allowed to withdraw his plea.
54-CITE: 705 So.2d 914 Carol ROUNTREE and Carroll Rountree, Appellants, v. PROGRESSIVE INSURANCE
COMPANY, Appellee.
TEXT: PER CURIAM. AFFIRMED. DAUKSCH and W. SHARP, JJ., concur. HARRIS, J., dissents with
opinion...een the definitions of covered person and passenger creates sufficient ambiguity to
require the court to construe these competing policy provisions.
55-CITE: 530 So.2d 995 Carol Ann HAMMOND, as Personal Representative of the Estate of Michael Lynn
Parker, deceased, Appellant, v. JIM HINTON OIL COMPANY, INC., and Alvin J. Holmes, Appellees. Marie
Ezell AGNER, as Personal Representative of the Estate of Michael Mantzanas, deceased, Appellant, v.
JIM HINTON OIL COMPANY, INC., and Alvin J. Holmes, Appellees.
TEXT: ZEHMER, Judge. This is a consolidated appeal from a jury verdict in a wrongful death action
...atute as applying only to the car ahead and not for the protection of the decedent s motorcycle,
no instruction on the statute would be appropriate.
56-CITE: 440 So.2d 520 In re Forfeiture of 1981 Honda Motorcycle VIN: 2SC0103BM001578 Florida Tag:
4444333.
TEXT: PER CURIAM. AFFIRMED on authority of In Re Forfeiture of 1979 Toyota Corolla, 424 So.2d 922
...IAM. AFFIRMED on authority of In Re Forfeiture of 1979 Toyota Corolla, 424 So.2d 922 (Fla. 4th
DCA 1982). DOWNEY, HERSEY and BERANEK, JJ., concur.
57-CITE: 707 So.2d 890 ZODIAC ENTERPRISES, LTD., Appellant, v. Darcey JONES, Appellee.
TEXT: PETERSON, Judge. Zodiac Enterprises, Ltd. ( Zodiac ), a foreign corporation located in Hong
...eged defective products for consumption within Florida in the ordinary course of commerce, trade
or use. See Section 48.193(1)(f)2, Fla.Stat. (1995)
58-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.
59-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.
60-CITE: 621 So.2d 729 Harold COOPER, Appellant, v. STATE of Florida, Appellee.
TEXT: DIAMANTIS, Judge. Harold Cooper appeals his judgment and sentence. We affirm in part and
rev...bility to the instant case involving the issue of whether a defendant can be convicted of two
or more homicide offenses arising from a single death.
61-CITE: 453 So.2d 487 Theodore and Joann M. ZIELINSKI, as parents and guardians of Jeffrey Zielinski,
and Richard and Gwendolyn Nurge, as parents and guardians of Jeffrey Nurge, Petitioners, v.
PROGRESSIVE AMERICAN INSURANCE COMPANY, a corporation, Respondent.
TEXT: OTT, Judge. Petitioners, the defendants in the trial court, ask this court to review an
orde... favor is QUASHED. The case is REMANDED to the trial court for entry of a final judgment in
petitioners favor. RYDER, C.J., and DANAHY, J., concur.
62-CITE: 586 So.2d 1169 Christie Ann MARTIN, etc., et al., Appellants, v. DEPARTMENT OF AGRICULTURE, et
al., Appellees.
TEXT: W. SHARP, Judge. Christie Martin, by her mother, Theresa Dryman, and Dryman, individually,
a...; REMANDED for further proceedings. COBB and DIAMANTIS, JJ., concur. ------------ (FN4) See
Ralph v. City of Daytona Beach, 471 So.2d 1 (Fla.1983).
63-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.
64-CITE: 705 So.2d 1359 FLORIDA POWER & LIGHT CO., Petitioner, v. Edward PERIERA, Respondent.
TEXT: HARDING, Justice. We have for review the decision in Periera v. Florida Power & Light Co.,
6...it is inconsistent with our opinion. It is so ordered. KOGAN, C.J., and OVERTON, SHAW, WELLS
and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.
65-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.
66-CITE: 659 So.2d 1365 PINELLAS COUNTY, By and Through the BOARD OF COUNTY COMMISSIONERS, Appellant
Cross-Appellee, v. Thomas Anthony BETTIS, Sr., Personal Representative of the Estate of Thomas
Anthony Bettis, Jr.; Thomas Anthony Bettis, Sr. and Marlene P. Bettis, Appellees Cross-Appellants.
TEXT: QUINCE, Judge. Pinellas County (the County) appeals various trial and posttrial rulings in
a...future judgments for damages and or attorney s fees should be awarded consistent with this
opinion. SCHOONOVER, A.C.J., and ALTENBERND, J., concur.
67-CITE: 496 So.2d 238 NU-WEST DEVELOPMENT CORPORATION and Amterre Development, Inc., Appellants, v.
INDUSTRIAL FIRE & CASUALTY INSURANCE COMPANY, Brian Berkowitz, and Barnett Berkowitz, Appellees.
TEXT: PER CURIAM. Richard Circosta sued defendants appellees Industrial Fire & Casualty Insurance
...have been a volunteer payment and Nu-West will be entitled to contribution. See 18 Am.Jur.2d
Contribution Section 15 (1985). Reversed and remanded.
68-CITE: 451 So.2d 500 Rose M. PALMER, Appellant, v. STATE of Florida, Appellee.
TEXT: MIZE, Associate Judge. Rose M. Palmer appeals her conviction and sentence for two counts of
...he jury to fully consider the circumstances of this accident, I think, deprived Palmer of a fair
trial. I would reverse, or reverse for a new trial.
69-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.
70-CITE: 466 So.2d 10 Roger RICHWAGON, Appellant, v. STATE of Florida, Appellee.
TEXT: LETTS, Judge. In this case, the defendant was charged and convicted of vehicular homicide.
H...STEIN and BARKETT, JJ., concur. ------------ (FN1) Section 322.261 deals with the refusal to
submit to a blood test as provided in section 316.1932.
71-CITE: 462 So.2d 102 Donald WILLIARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Donald Williard appeals a conviction and sentence for DWI-manslaughter. We
affir...DCA 1984), and Higgs v. State, 455 So.2d 451 (Fla. 5th DCA 1984). AFFIRMED. GRIMES,
A.C.J., LEHAN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
72-CITE: 489 So.2d 45 CITY OF NORTH PORT, Petitioner, v. Ronald FAUST, James Beck and Jean Ann Holmes,
Respondents.
TEXT: RYDER, Chief Judge. The lawsuit underlying this petition for the issuance of a writ of
certi...el v. Jacksonville Electric Authority, 332 So.2d 81 (Fla. 3d DCA 1975). The petition is,
therefore, denied. SCHOONOVER and SANDERLIN, JJ., concur.
73-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.
74-CITE: 678 So.2d 445 Juergen HEDERGOTT, Appellant Cross-Appellee, v. William Alfred MOON and Tomye L.
Moon, Appellees Cross-Appellants.
TEXT: WHATLEY, Judge. Juergen Hedergott, plaintiff in an action for personal injuries, appeals a
f...with this opinion. THREADGILL, C.J., and QUINCE, J., concur. ------------ (FN1) Section
627.7327 was in effect at the time of the subject accident.
75-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.
76-CITE: 723 So.2d 313 Michael Patrick MURPHY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant challenges his convictions of aggravated fleeing or attempting to
elud...ell, 719 So.2d 1245, 23 Fla.L.Weekly D2348 (Fla. 1st DCA 1998). AFFIRMED. MINER and
LAWRENCE, JJ., and McDONALD, PARKER LEE, Senior Judge, concur.
77-CITE: 434 So.2d 963 Michael A. SEMBRIC, Appellant Cross Appellee, v. ALLSTATE INSURANCE COMPANY,
Appellee Cross Appellant.
TEXT: LETTS, Chief Judge. This is an appeal from an order granting a new trial because the
manifes...and instead we direct the trial judge to enter a final judgment in favor of Allstate.
DELL, J., and OWEN, WILLIAM C., Jr., Associate Judge, concur.
78-CITE: 592 So.2d 1250 Pedro Perez ANDRES a k a Pedro A. Perez, Appellant, v. John Francis GILBERTI,
Jr. and John Francis Gilberti, Sr., Appellees.
TEXT: ANSTEAD, Judge. Appellant seeks reversal of an adverse jury verdict on his claim for
persona...t and by demonstrating the propriety of the procedures followed in this particular case.
LETTS, J., and FRANK, RICHARD H., Associate Judge, concur.
79-CITE: 498 So.2d 698 STATE of Florida, Appellant, v. Steven J. HILTON, Appellee.
TEXT: COWART, Judge. This is an appeal of an order issued by the County Court for Volusia County,
...430 U.S. 980, 97 S.Ct. 1675, 52 L.Ed.2d 375 (1977); State v. Mitchell, 245 So.2d 618 (Fla.1971);
Pardo v. State, 429 So.2d 1313 (Fla. 5th DCA 1983).
80-CITE: 545 So.2d 915 Mark FREEMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant appeals his convictions for capital sexual battery and kidnapping.
W...addition, as we have said, there was properly permitted collateral crime evidence in that
regard. Affirmed. CAMPBELL, C.J., and RYDER, J., concur.
81-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.
82-CITE: 707 So.2d 397 Joao Manuel BAPTISTA, etc., Appellant, v. ENTERPRISE LEASING CO., etc., et al.,
Appellees.
TEXT: PER CURIAM. Joao Manuel Baptista appeals a summary judgment entered in favor of Enterprise
L...hold that valet parking services are included within the limited automobile services exception
to the dangerous instrumentality doetrine. Affirmed.
83-CITE: 636 So.2d 127 Anthony CLOUGH, Appellant Cross-Appellee, v. GOVERNMENT EMPLOYEES INSURANCE
COMPANY, Appellee Cross-Appellant.
TEXT: COBB, Judge. The primary issue on this appeal is whether, as a condition precedent to the
in....L.Weekly Section 153, -- So.2d -- (Fla.March 31, 1994), disapproving Nationwide Mut. Fire Ins.
Co. v. Phillips, 609 So.2d 1385 (Fla. 5th DCA 1992).
84-CITE: 609 So.2d 1385 NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant, v. Kevin PHILLIPS and
Kimberly Phillips f k a Kimberly Scanato, Appellees.
TEXT: COBB, Judge. The issue on appeal concerns whether a Class I insured is entitled to
uninsured...wherever bodily injury is inflicted upon him by the negligence of an uninsured motorist.
Mullis at 238. AFFIRMED. COWART and GRIFFIN, JJ., concur.
85-CITE: 450 So.2d 351 Charles NORMAN, Appellant, v. Anna O. KADEL, Vernon Anthony Kadel, Allstate
Insurance Company and Grocery Warehouse II, Inc., Appellees.
TEXT: PER CURIAM. The trial court entered summary judgment in favor of appellee Grocery Warehouse
... summary judgment and remand for further proceedings. Wills v. Sears, Roebuck & Co., 351 So.2d 29
(Fla.1977). HERSEY, HURLEY and DELL, JJ., concur.
86-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.
87-CITE: 455 So.2d 1143 J.S.H., A Child, Appellant, v. STATE of Florida, Appellee.
TEXT: HOBSON, Acting Chief Judge. J.S.H., a child, appeals a final order placing him in a
communit...ty, there is a sufficient connection to require restitution under the theft charge in
compliance with section 948.03(1)(g), Florida Statutes (1983).
88-CITE: 440 So.2d 1297 David William GRAY, Jr., individually, David William Gray, Sr., his father, and
Jeanne H. Gray, his mother, individually, Appellants, v. Edward M. BREAK, et al., Appellees.
TEXT: PER CURIAM. This is an appeal from a final judgment in favor of the defendants below. The
ac... the entire case it shall appear that the error complained of has resulted in a miscarriage of
justice. This section shall be liberally construed.
89-CITE: 451 So.2d 977 Helen K. SMILEY, William Smiley, and Preferred Risk Mutual Insurance Company,
Appellants, v. Charles T. McCALLISTER and Myra J. McCallister, Appellees.
TEXT: DOWNEY, Judge. Appellants, Mr. and Mrs. Smiley, and their insurance carrier, were
defendants...said motion be held in abeyance pending the outcome of the interview. REVERSED AND
REMANDED, with directions. ANSTEAD, C.J., and DELL, J., concur.
90-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.
91-CITE: 506 So.2d 447 Daniel J. MAGLIO, Appellant, v. NECA-IBEW WELFARE TRUST FUND, Appellee.
TEXT: NESBITT, Judge. Maglio appeals from the trial court s order holding that NECA-IBEW Welfare
T...st DCA 1979), we find that the trial court correctly held that NECA-IBEW could recover those
funds from Maglio. Accordingly, the order is affirmed.
92-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.
93-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.
94-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.
95-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.
96-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).
97-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.
98-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.
99-CITE: 595 So.2d 92 Kenneth E. WEST and Rita West, his wife, Appellants, v. KAWASAKI MOTORS
MANUFACTURING CORP., U.S.A. and Nosa, Inc., d b a Palmetto Kawasaki, Appellees.
TEXT: HUBBART, Judge. The central issue presented for review is whether a plaintiff is barred by
t...l summary judgment entered in favor of the manufacturer and retailer based on the doctrine of
res judicata is therefore, in all respects, Affirmed.
100-CITE: 519 So.2d 43 Donald HUGHES, Appellant, v. CITY OF FORT LAUDERDALE, Broward County, Alma Woods,
Frank McCaskill, Dorothy McClover and Alfreda Johnson, Appellees.
TEXT: HERSEY, Chief Judge. Donald Hughes brought an action against several defendants, including
t... further proceedings. *45 AFFIRMED IN PART; REVERSED IN PART; REMANDED. DOWNEY, J., and OWEN,
WILLIAM C., Jr., (Retired), Associate Judge, concur.
101-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.
102-CITE: 469 So.2d 138 AUTOMOBILE INSURANCE CO. OF HARTFORD, CONNECTICUT, Appellant, v. William Bruce
BEEM, Appellee.
TEXT: HENDRY, Judge. In this appeal from an order of summary final judgment entered against
appell...r the reasons stated we hold that the trial court did not err in entering a summary final
judgment in favor of Beem and against Hartford. Affirmed.
103-CITE: 432 So.2d 129 Jim D. BOLTON, individually, and as father and next friend of Jimmy Bolton, Jr.,
a minor, and Carrol Bolton, individually, Appellants, v. James SMYTHE, State Farm Fire & Casualty
Company, an Illinois Corporation and Thelma Wallace, Appellees.
TEXT: SHARP, Judge. The Boltons (FN1) appeal from a final judgment dismissing their third amended
...la. 2d DCA 1966). (FN10) See Vining v. Avis Rent-A-Car Systems, Inc., 354 So.2d 54 (Fla.1977);
Searcy v. McCall, 374 So.2d 1084 (Fla. 1st DCA 1979).
104-CITE: 589 So.2d 423 Mathew Levon SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: Danahy, Acting Chief Judge. In this appeal from a conviction of theft of a motorcycle, the
a... 1991). Conviction affirmed; sentence reversed and remanded for correction in accordance with
this opinion. PATTERSON and ALTENBERND, JJ., concur.
105-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.
106-CITE: 632 So.2d 214 Clyde OMAR, Appellant, v. ALLSTATE INSURANCE COMPANY and United States Fidelity
and Guaranty Company, Appellees.
TEXT: W. SHARP, Judge. Omar appeals from a final summary judgment in favor of Allstate Insurance
C...ured motorist coverage is invalid without proof of a knowing rejection on his part. REVERSED
and REMANDED. HARRIS, C.J., and THOMPSON, J., concur.
107-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).
108-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.
109-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.
110-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.
111-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.
112-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.
113-CITE: 578 So.2d 760 Robert CURRIE, as Personal Representative of the Estate of Michelle Currie, a
deceased minor, Appellant Cross Appellee, v. PALM BEACH COUNTY, Appellee Cross Appellant.
TEXT: HERSEY, Chief Judge. These are consolidated appeals and cross appeals from two orders
granti...the contrary, we affirm the rulings of the trial court. Particularly, we affirm the grant
of a new trial. AFFIRMED. STONE and WARNER, JJ., concur.
114-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.
115-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.
116-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.
117-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.
118-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.
119-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.
120-CITE: 504 So.2d 1376 Kevin Morris MASSEY, a minor, By and Through Phillip H. MASSEY, his father, and
Phillip H. Massey, individually, Appellants, v. Martha NETSCHKE and Geraldine Butler Ashe,
Appellees.
TEXT: GOLDMAN, MURRAY, Associate Judge. This is an appeal from an order denying plaintiffs motion
...intiff s motion for new trial is reversed and the cause remanded for a new trial on the issue of
damages only. GLICKSTEIN and GUNTHER, JJ., concur.
121-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.
122-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.
123-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.
124-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.
125-CITE: 732 So.2d 1173 Everett Paul LIMA, Appellant, v. The STATE of Florida, Appellee.
TEXT: SORONDO, J. Everett Paul Lima (defendant), appeals an order of revocation of probation and
s...ere satisfied, we conclude that the testimony via satellite in this case constituted a
permissible exception to the Confrontation Clause. Affirmed.
126-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.
127-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.
128-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.
129-CITE: 567 So.2d 966 Carl Andrew HAAS, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING EN BANC HARRIS, Judge. In response to Appellant s motion for
rehear... time of the offense in either an impairment or a UBAL case. AFFIRM. DAUKSCH, COBB, W.
SHARP, COWART, GOSHORN, PETERSON, and GRIFFIN, JJ., concur.
130-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.
131-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.
132-CITE: 474 So.2d 1 David M. ROSHKIND, D.M.D., Appellant, v. James L. FAY, D.M.D., Appellee.
TEXT: PER CURIAM. We reverse and remand with direction that the trial court enter final judgment
f...ages to the jury. See Insurance Field Services, Inc. v. White Inspection and Audit Services,
Inc., supra. DOWNEY, GLICKSTEIN and DELL, JJ., concur.
133-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.
134-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.
135-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.
136-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.
137-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.
138-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.
139-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.
140-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.
141-CITE: 452 So.2d 1114 Kay MOLYETT and Steven Ellis, Appellants, v. SOCIETY NATIONAL LIFE INSURANCE
COMPANY, Appellee.
TEXT: CAMPBELL, Judge. Appellants, Kay Molyett and Steven Ellis, seek review of the final
judgment...ons stated above, we reverse the decision of the trial court and remand for assessment of
attorney s fees. OTT, A.C.J., and SCHOONOVER, J., concur.
142-CITE: 515 So.2d 1390 DIXIE INSURANCE COMPANY, Appellant, v. John DETAMORE, Appellee.
TEXT: SHARP, Judge. Dixie Insurance Company appeals from a final summary judgment which
determined...4 So.2d 1363 (Fla. 1st DCA 1980) (policy defined automobile as a vehicle required to be
registered). (FN10) 12 Couch on Insurance 2d Section 45:202.
143-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.
144-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.
145-CITE: 700 So.2d 172 Richard FOX and Edmond Reid, Appellants, v. STATE of Florida, Appellee.
TEXT: POLEN, Judge. Edmond Reid and Richard Fox are two of five defendants whose cases were
consol...tion of high speed chases which would be construed in pari materia with the Aggravated
Fleeing Statute. AFFIRMED. PARIENTE and GROSS, JJ., concur.
146-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.
147-CITE: 587 So.2d 649 STATE of Florida, Appellant Cross-Appellee, v. Charles REEVES a k a Charles
Stewart, Appellee Cross-Appellant.
TEXT: PETERSON, Judge. The state appeals an order suppressing evidence of a firearm, and the
defen...ce of the firearm. The cause is remanded for further proceedings. AFFIRMED in part;
REVERSED in part; REMANDED. W. SHARP, and HARRIS, JJ., concur.
148-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.
149-CITE: 666 So.2d 262 Marlene D. GOODMAN, Appellant, v. Harold A. GOODMAN, Appellee.
TEXT: PER CURIAM. In the final judgment of dissolution of marriage the trial court awarded the
hus...Canakaris v. Canakaris, *264 382 So.2d 1197 (Fla.1980). We affirm as to all remaining issues.
Affirmed. WARNER, PARIENTE and SHAHOOD, JJ., concur.
150-CITE: 622 So.2d 117 Richard CROSBY, Appellant, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY,
Appellee.
TEXT: KLEIN, Judge. This appeal involves the issue of whether uninsured motorist benefits are
avai... that it was dicta and not controlling. We affirm because of Wright and certify conflict
with Phillips. Affirmed. GUNTHER and POLEN, JJ., concur.
151-CITE: 533 So.2d 787 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. Christine L.
KELLY, as Personal Representative of the Estate of Eric David Allen, deceased, Respondent.
TEXT: DOWNEY, Judge. State Farm Mutual Automobile Insurance Company petitions this court for a
wri...production. We deny the writ in all other respects, and remand the cause for further
proceedings consistent herewith. DELL and WALDEN, JJ., concur.
152-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.
153-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.
154-CITE: 470 So.2d 718 Emelia SANTIAGOHERRERA, Appellant, v. Harvey R. STOUT and Consolidated American
Insurance Company, a foreign corporation, Appellees.
TEXT: SHARP, Judge. Santiagoherrera appeals from a final summary judgment denying her right to
rec...st 27, 1984, is denied. See Section 627.428, Florida Statutes (1983); Gutman v. American
Motorists Insurance Co., 410 So.2d 1001 (Fla. 3d DCA 1982).
155-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.
156-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.
157-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.
158-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.
159-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.
160-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.
161-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.
162-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.
163-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.
164-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.
165-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.
166-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).
167-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.
168-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.
169-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.
170-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.
171-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.
172-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.
173-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.
174-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.
175-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.
176-CITE: 571 So.2d 1377 In re FORFEITURE OF $37,388.00. Craig DIONEFF and Janet Dioneff, Appellants, v.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellee.
TEXT: NIMMONS, Judge. Appellants appeal from a final judgment of forfeiture forfeiting $37,388.00
... to supply the missing elements in the state s forfeiture case. Accordingly, the judgment of
forfeiture is REVERSED. ERVIN and ALLEN, JJ., concur.
177-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.
178-CITE: 521 So.2d 258 Dale WEBB and Sherry Webb, Appellants, v. GLADES ELECTRIC COOPERATIVE, INC.,
Appellee.
TEXT: PARKER, Judge. This appeal arises from an order dismissing with prejudice the second
amended...of dismissal is reversed and the cause remanded for further proceedings consistent with
this opinion. CAMPBELL, A.C.J., and SCHOONOVER, J., concur.
179-CITE: 450 So.2d 262 Edwin BORN, etc., Appellant Cross-Appellee, v. Herbert B. GOLDSTEIN, Appellee
Cross-Appellant.
TEXT: FRANK D. UPCHURCH, Jr., Judge. Appellant, Edwin Born, appeals from an amended final
judgment... is REVERSED and this cause is REMANDED for reinstatement of the final judgment based on
the jury s verdict. ORFINGER, C.J., and SHARP, J., concur.
180-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.
181-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.
182-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.
183-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.
184-CITE: 524 So.2d 490 AUTO-OWNERS INSURANCE COMPANY, Appellant Cross Appellee, v. Mary Jo BROCKMAN,
etc., and the Ohio Casualty Insurance Company, et al., Appellees Cross Appellees, and J & M Hentzel
Insurance Agency, Donald F. and Carolyn Thompson, GMAC Leasing Corporation, and American Fire and
Casualty Company, Appellees Cross Appellants.
TEXT: COWART, Judge. Brockman was a passenger on a motorcycle operated by Glenn which on July 17,
...amount of attorney s fees to be awarded for the appellate proceedings. AFFIRMED IN PART;
REVERSED IN PART; REMANDED. COBB and DANIEL, JJ., concur.
185-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.
186-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.
187-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.
188-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.
189-CITE: 501 So.2d 588 Rodney KERFOOT, Petitioner, v. Charlie Earnest WAYCHOFF, et al., Respondents.
TEXT: OVERTON, Justice. This is a petition to review Kerfoot v. Waychoff, 469 So.2d 960 (Fla. 4th
...r. I believe these conclusion are for a jury to make and cannot be the basis of a ruling for the
defendant as a matter of law. ADKINS, J., concurs.
190-CITE: 446 So.2d 232 V.S., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. V.S. appeals from an adjudication of delinquency for violation of section
856.02...se the adjudication of delinquency and remand to the trial court with directions to
discharge the defendant. Reversed and remanded with directions.
191-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).
192-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.
193-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.
194-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.
195-CITE: 640 So.2d 46 WORLD WIDE UNDERWRITERS INSURANCE COMPANY, etc., Petitioner, v. Steven WELKER,
Respondent.
TEXT: OVERTON, Justice. We have for review Welker v. World Wide Underwriters Insurance Co., 601
So...rt, the policy announced in Mullis and in existence for the last twenty-two years would be
effectively whittled away to little more than a woodchip.
196-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.
197-CITE: 442 So.2d 996 Carol Elizabeth RINEK, Charles W. Rinek, and General Accident Fire and Life
Assurance Corporation, Ltd., Appellants, v. The STATE of Florida, DEPARTMENT OF TRANSPORTATION, the
City of Key West, and Monroe County, Appellees.
TEXT: BASKIN, Judge. As Ms. Rinek exited from the Days Inn in Key West, her automobile collided
wi... We do not address the issue of sovereign immunity as it was not raised below. Reversed and
remanded for proceedings consistent with this opinion.
198-CITE: 582 So.2d 712 Donald PIERCE, et ux., Appellants, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, et
al., Appellees.
TEXT: EN BANC COBB, Judge. The issue on appeal is whether an insurance carrier, Progressive, and
.... Since the record is not conclusive on the question of liability, summary judgment should not
have been granted. GOSHORN and GRIFFIN, JJ., concur.
199-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.
200-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.
201-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.
202-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.
203-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.
204-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.
205-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).
206-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.
207-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.
208-CITE: 510 So.2d 1042 Dirk Matthew MARTINEZ, Appellant, v. A & D ELECTRICAL CONTRACTORS and Hill,
Richards & Companies, Inc., Appellees.
TEXT: MILLS, Judge. Martinez appeals from an order of the deputy commissioner finding that
Martine...and that his journey falls within the normal exclusionary application of the going and
coming rule. Affirmed. WENTWORTH and BARFIELD, JJ., concur.
209-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.
210-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.
211-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.
212-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.
213-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.
214-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.
215-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.
216-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.
217-CITE: 440 So.2d 73 Deborah Dale Brazier GERLACH, Appellant Cross-Appellee, v. Leo TREPANIER,
Appellee Cross-Appellant.
TEXT: COBB, Judge. Appellant, plaintiff below, Deborah Gerlach, was injured while watching a
motor...ls were either; one, necessary and reasonable or, two, paid by plaintiff. This is a minimal
requirement before a defendant should be obliged to pay.
218-CITE: 523 So.2d 762 Barbara Ann MAGAW, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Barbara Ann Magaw appeals the judgment and sentence rendered against. her
for..., 497 So.2d 638 (Fla.1986) still valid in light of section 316.193(3)(c) Florida Statutes
(Supp.1986)? Affirmed. ERVIN and BARFIELD, JJ., concur.
219-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.
220-CITE: 527 So.2d 946 Paul J. CONOVER, et al., Appellants, v. BOARD OF COUNTY COMMISSIONERS OF
METROPOLITAN DADE COUNTY, Appellee.
TEXT: SCHWARTZ, Chief Judge. We agree with the trial court that the allegedly negligent timing of
...ifies the county s decision to depart from the standard creates an issue of fact for a jury. A
summary judgment for the defendant was inappropriate.
221-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.
222-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.
223-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.
224-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.
225-CITE: 553 So.2d 1341 William ALLEN, Appellant, v. PORT EVERGLADES AUTHORITY, a Public Corporation,
City of Hollywood (Florida), a Municipal Corporation and CSX Transportation, Inc., Appellees.
TEXT: WARNER, Judge. This appeal raises the issue of a government s duty to warn of a dangerous
co... of the majority opinion holding that upon remand the plaintiff shall be permitted an
opportunity to amend his complaint to state a cause of action.
226-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.
227-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.
228-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.
229-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.
230-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.
231-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).
232-CITE: 577 So.2d 719 Linda May YATES, Appellant Cross-Appellee, v. Bobby Wayne YATES, Appellee
Cross-Appellant.
TEXT: FRANK, Acting Chief Judge. The wife has appealed from a final judgment of dissolution of
mar...ter is remanded with direction that the trial court equitably distribute the marital assets
and liabilities. THREADGILL and PATTERSON, JJ., concur.
233-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.
234-CITE: 475 So.2d 1012 Shirley ORTIZ, a minor, By and Through her natural guardian and next friend
Miriam ATEHOURTA and Miriam Atehourta derivatively as mother and natural guardian, Appellants, v.
BANKERS STANDARD INSURANCE COMPANY, Appellee.
TEXT: WILLIAM A. NORRIS, Jr., Associate Judge. Appellants brought an action for declaratory
judgme...41, Fla.Stat. (1981). (Sections 627.730--627.7405 are currently known as the Florida Motor
Vehicle No-Fault Law. Section 627.730, Fla.Stat. [1983].)
235-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).
236-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.
237-CITE: 485 So.2d 418 FIREMAN S FUND INSURANCE COMPANY, Petitioner, v. George POHLMAN, Respondent.
TEXT: ADKINS, Justice. We have for review Pohlman v. Fireman s Fund Insurance Co., 471 So.2d 644
(...for further proceedings consistent with our decision. It is so ordered. BOYD, C.J., and
OVERTON, McDONALD, EHRLICH, SHAW and BARKETT, JJ., concur.
238-CITE: 658 So.2d 146 The COMMUNITY BUILDERS, INC., formerly Greater Boston Community Development,
Inc., Stephen H. Anthony, Jonathan M. Keyes and Christopher L. Noble, as Trustees of the Community
Builders Charitable Trust, Petitioners, v. INDIAN MOTORCYCLE ASSOCIATES, INC., and Upper State
Street IMB Corporation, as General Partners of Indian Motorcycle Associates Limited Partnership,
Merwin H. Rubin, H. Joel Rahn and Upper State Street Community Development Corporation, Respondents.
TEXT: SCHWARTZ, Chief Judge. The petitioners are the holders of a Massachusetts judgment against
t... plaintiffs-petitioners are entitled in Florida to 100% of the faith and credit due to the
Massachusetts judgment, but not 150%. Certiorari denied.
239-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.
240-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.
241-CITE: 522 So.2d 1066 Willie T. HERRING and Patricia Herring, Appellants, v. FIRST SOUTHERN INSURANCE
COMPANY, an insurance corporation, and Empire Indemnity Insurance Company, an insurance corporation,
Appellees.
TEXT: ZEHMER, Judge. Willie and Patricia Herring appeal a final summary judgment in favor of
First...e final summary judgment is reversed and the cause is remanded for further proceedings.
REVERSED AND REMANDED. SHIVERS and WIGGINTON, JJ., concur.
242-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.
243-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.
244-CITE: 557 So.2d 193 Rex Daniel ZIMMERMAN, Appellant, v. Nathan WEINBERG, Appellee.
TEXT: GARRETT, Judge. Appellant seeks review of the denial of his motion to vacate default.
Appell...a plaintiff will be barred from maintaining the re-filed suit when the appropriate statute
of limitations period has expired prior to the re-filing.
245-CITE: 469 So.2d 884 Gertrude TOZIER, Appellant, v. Harold JARVIS, Monarch Financial Enterprises,
Inc., Fireman s Fund Insurance Company, Bruce Tozier, and Dixie Insurance Company, Appellees. Bruce
TOZIER, Appellant, v. Gertrude TOZIER, Harold Jarvis, Monarch Financial Enterprises, Inc., Fireman s
Fund Insurance Company, et al., Appellees.
TEXT: BARKETT, Judge. The plaintiffs below, Bruce and Gertrude Tozier, challenge the denial of
the...emand for the entry of a directed verdict on liability and a trial on the issue of damages.
REVERSED AND REMANDED. HERSEY and HURLEY, JJ., concur.
246-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.
247-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.
248-CITE: 571 So.2d 1341 THUNDERBIRD DRIVE-IN THEATRE, INC., and Florida Drive-In Theatre Management,
Inc., Appellants, v. Ronald L. REED, incompetent, By and Through Calvin REED and Joyce Reed, his
legal guardians and next friends, Robert F. Coyman, Jeanne Coyman and Christopher Todd Coyman,
Appellees.
TEXT: ON MOTION FOR REHEARING PER CURIAM. Appellees motion for rehearing is granted and our
origi...his case. Department of Corrections v. Williams, 549 So.2d 1071 (Fla. 5th DCA 1989); Kurynka
v. Tamarac Hospital, 542 So.2d 412 (Fla. 4th DCA 1989).
249-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.
250-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.
251-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.
252-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.
253-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.
254-CITE: 624 So.2d 261 THE FLORIDA BAR, Complainant, v. Louis J. WEINSTEIN, Respondent.
TEXT: PER CURIAM. This matter is before the Court on complaint from The Florida Bar and the
refere...2,741.72, for which sum let execution issue. It is so ordered. BARKETT, C.J., and
OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
255-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.
256-CITE: 483 So.2d 440 BANKERS INSURANCE COMPANY, Appellant, v. John J. VASQUEZ, Keith Crowell, et al.,
Appellees.
TEXT: LETTS, Judge. Once again we are asked to decide whether a signed rejection of uninsured
moto...HE CASE AT BAR? REVERSED AND REMANDED IN ACCORDANCE HEREWITH. HERSEY, C.J., and DOWNEY,
ANSTEAD, GLICKSTEIN, HURLEY,