Phrase search :employment
Results 1-5298
1-CITE: 724 So.2d 693 Akitonto TOHMA f k a Akitomo Ikehata, Appellant, v. SPALDING & EVENFLO
COMPANIES, INC., Appellee.
TEXT: NORTHCUTT, Judge. We affirm the judgment under review. The law of Florida is that in the
abs...and certain provision binding the parties to a specific term of employment. Affirmed. BLUE,
A.C.J., and QUINCE, PEGGY A., Associate Judge, Concur.
2-CITE: 479 So.2d 853 FLORIDA HOME HEALTH SERVICES, INC., Appellant, v. STATE of Florida, DEPARTMENT
OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION, Appellee.
TEXT: PER CURIAM. The undisputed facts as found by the special deputy and adopted by the
Departmen...pist, or physical therapist who is nonsalaried and working pursuant to a written
contract with a home health agency as defined in Section 400.462.
3-CITE: 561 So.2d 675 STUART I. LEVIN, P.A., Appellant, v. STATE of Florida, DEPARTMENT, OF LABOR AND
EMPLOYMENT SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION, Appellee.
TEXT: PER CURIAM. Affirmed. See Duval Util. Co. v. Florida Pub. Serv. Comm n, 380 So.2d 1028
(Fla..... Cochran, 184 So.2d 173 (Fla.1966); Andrus v. Florida Dep t of Labor & Employment Sec.,
Div. of Employment Sec., 379 So.2d 468 (Fla. 4th DCA 1980).
4-CITE: 510 So.2d 652 Debbie NELLER, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Cowles, Inc.,
Appellees.
TEXT: COWART, Judge. Appellant was employed to deliver pizzas in her personal car. When her car
be... Commerce, Division of Employment Security, 356 So.2d 1317 (Fla. 4th DCA 1978). AFFIRMED.
DAUKSCH, J., and BEVERLY, V.Q., Associate Judge, concur.
5-CITE: 653 So.2d 1104 LEE COUNTY PORT AUTHORITY, Appellant, v. Jimmie R. WRIGHT, Appellee.
TEXT: PER CURIAM. The Lee County Port Authority appeals a final summary judgment which ordered
the...nt entered in favor of Wright is reversed, and the cause is remanded for further proceedings.
THREADGILL, A.C.J., and BLUE and FULMER, JJ., concur.
6-CITE: 493 So.2d 1121 Edward M. CAPUTO, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and the
School Board of Monroe County, Florida, Appellees.
TEXT: PER CURIAM. By this appeal a discharged principal of a public school seeks review of an
orde...79); Varig Brazilian Airlines v. Florida Department of Commerce, Division of Employment *1122
Security, 354 So.2d 921 (Fla. 3d DCA 1978). Affirmed.
7-CITE: 536 So.2d 370 Marshall A. GIBBS, Appellant, v. H.J. HEINZ COMPANY, Appellee.
TEXT: COWART, Judge. The trial court held that a complaint by an employee against his employer
did...t. denied, 188 So.2d 317 (Fla.1966); Hope v. National Airlines, Inc., 99 So.2d 244 (Fla. 3d
DCA 1957). AFFIRMED. ORFINGER and DANIEL, JJ., concur.
8-CITE: 466 So.2d 1275 SYSTEMATIC DISTRIBUTION CORPORATION, Appellant, v. STATE of Florida, DEPARTMENT
OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION, Appellee.
TEXT: PER CURIAM. We reverse the order of the director of the Division of Unemployment
Compensatio...-savings motives, and the real controls that appellant exercises over its contractors,
I am uncomfortable with the result. SCHWARTZ, C.J., concurs.
9-CITE: 514 So.2d 3 BROWARD RESTAURANT EQUIPMENT AND REPAIR CORPORATION, and Bawi Enterprises, Inc.,
Appellants, v. STATE OF FLORIDA, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF
UNEMPLOYMENT COMPENSATION, Appellee.
TEXT: PER CURIAM. AFFIRMED. A & S Building Company, Inc. v. State of Florida, Department of Labor
...or and Employment Security, Division of Unemployment Compensation, 514 So.2d 380 (Fla. 3d DCA
1987). HERSEY, C.J., and DELL and WALDEN, J., concur.
10-CITE: 570 So.2d 1102 LEE & ASSOCIATES, INC., OF NORTH FLORIDA, a Florida corporation, Appellant, v.
Charles G. LEE, Appellee.
TEXT: ERVIN, Judge. We affirm the trial court s order denying appellant s motion for a temporary
i...conditioned upon appellee either voluntarily terminating his employment or being discharged for
cause. AFFIRMED. WIGGINTON and MINER, JJ., concur.
11-CITE: 481 So.2d 69 DEPARTMENT OF TRANSPORTATION, Appellant, v. Earl CHARLES, Appellee.
TEXT: WENTWORTH, Judge. The appellant employer, Florida Department of Transportation, contends
tha...isk or special hazard of serious injury. Therefore, the claimant s accident of March 30,
1984, occurred in the course and scope of his employment.
12-CITE: 554 So.2d 1198 RETREAT REST HOME and CNA Insurance Company, Appellants, v. Shirley Ann PORTER,
Appellee.
TEXT: THOMPSON, Judge. The employer carrier (EC) appeal a workers compensation order awarding
clai...sal of this employment was continuous, the award of benefits is in error and accordingly is
reversed. REVERSED. WENTWORTH and JOANOS, JJ., concur.
13-CITE: 623 So.2d 1256 Michael NATHANSON, D.C., Appellant, v. Shirley GOODING, as Secretary of the
Department of Labor and Employment Security, Division of Workers Compensation, State of Florida,
Appellee.
TEXT: PER CURIAM. AFFIRMED. See Carlile v. Game and Fresh Water Fish Comm n, 354 So.2d 362
(Fla.19...da, Dep t of Labor and Employment Sec. v. Summit Consulting, Inc., 594 So.2d 862 (Fla. 2d
DCA 1992). DELL, C.J., and STONE and WARNER, JJ., concur.
14-CITE: 708 So.2d 966 Robert M. FISCHER, Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. Reversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041
(...eversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041 (Fla. 2d DCA
1998). PARKER, C.J., and DANAHY and QUINCE, JJ., concur.
15-CITE: 708 So.2d 967 Robert L. JOHNSON, Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. Reversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041
(...eversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041 (Fla. 2d DCA
1998). PARKER, C.J., and DANAHY and QUINCE, JJ., concur.
16-CITE: 708 So.2d 967 Lawrence J. KIRKLAND, Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. Reversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041
(...eversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041 (Fla. 2d DCA
1998). PARKER, C.J., and DANAHY and QUINCE, JJ., concur.
17-CITE: 708 So.2d 967 Billie A. WEEKS, Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. Reversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041
(...eversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041 (Fla. 2d DCA
1998). PARKER, C.J., and DANAHY and QUINCE, JJ., concur.
18-CITE: 708 So.2d 968 Jack R. HAIL, Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND EMPLOYMENT
SECURITY, Appellee.
TEXT: PER CURIAM. Reversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041
(...eversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041 (Fla. 2d DCA
1998). PARKER, C.J., and DANAHY and QUINCE, JJ., concur.
19-CITE: 708 So.2d 968 Patrick L. HODGES, Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. Reversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041
(...eversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041 (Fla. 2d DCA
1998). PARKER, C.J., and DANAHY and QUINCE, JJ., concur.
20-CITE: 745 So.2d 441 Eric J. LIFF, Appellant, v. CITY OF COCOA, Florida, etc., Appellee.
TEXT: ANTOON, C.J. After the City of Cocoa (City) terminated Eric J. Liff s employment as Chief
of...er definite term of employment existed precluding summary judgment in suit alleging breach of
contract). AFFIRMED. COBB and PETERSON, JJ., concur.
21-CITE: 719 So.2d 2 Marty V. ELLINGTON, Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. Reversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041
(...eversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041 (Fla. 2d DCA
1998). PARKER, C.J., and DANAHY and QUINCE, JJ., Concur.
22-CITE: 484 So.2d 629 Pierre J. RENELUS, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,
Appellee.
TEXT: PER CURIAM. The ruling of the Unemployment Appeals Commission, affirming a finding that
sect...s and direct conflict with Sheppard v. State, Department of Labor & Employment Security, 442
So.2d 1114 (Fla. 4th DCA 1983). Reversed and remanded.
23-CITE: 481 So.2d 67 Zachary COMER, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS COMMISSION,
Appellee.
TEXT: PER CURIAM. The appellant received unemployment compensation benefits to which he was not
en...flict with Sheppard v. State, Department of Labor & Employment Security, 442 So.2d 1114 (Fla.
4th DCA 1983). Reversed and remanded with directions.
24-CITE: 709 So.2d 131 Edward J. BARNHILL, Sr., Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. Reversed. See Broum v. State, Dept of Labor & Employment Sec., 705 So.2d 1041
(F...Reversed. See Broum v. State, Dept of Labor & Employment Sec., 705 So.2d 1041 (Fla. 2d DCA
1998). PARKER, C.J., and DANAHY and QUINCE, JJ., concur.
25-CITE: 722 So.2d 845 Walter P. RYALS, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS COMMISSION
and Sugarland Harvesting Company, Appellees.
TEXT: PER CURIAM. Walter P. Ryals appeals the Unemployment Appeals Commission s (UAC) order
denyin... error. See Kelle v. D.H. Holmes Co., Ltd., 658 So.2d 1161, 1162 (Fla. 2d DCA 1995).
Affirmed. PARKER, C.J., and CAMPBELL and QUINCE, JJ., concur.
26-CITE: 602 So.2d 557 Dr. Conrad E. YUNKER, Appellant, v. UNIVERSITY OF FLORIDA, Appellee.
TEXT: SMITH, Judge. Dr. Yunker, a nontenured research scientist working for the University of
Flor...s v. Department of Insurance, 561 So.2d 1289 (Fla. 1st DCA 1990). REVERSED and REMANDED for
further proceedings. WIGGINTON and MINER, JJ., concur.
27-CITE: 587 So.2d 677 Virginia S. DIAZ, Appellant, v. WINN-DIXIE STORE, INC., et al., Appellees.
TEXT: PER CURIAM. The appeals referee s conclusions that the appellant left [her] employment with
...ng unemployment compensation benefits is reversed and the cause is remanded with directions to
afford the appellant the benefits claimed. Reversed.
28-CITE: 478 So.2d 891 F & G DISTRIBUTORS, INC., Appellant, v. STATE of Florida, DEPARTMENT OF LABOR
AND EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. We reverse the decision of the Special Deputy and order of the Department of
Lab...ntially similar to the controlling case of United States Tel. Co. v. State, Dep t of Labor &
Employment Security, 410 So.2d 1002 (Fla. 3d DCA 1982).
29-CITE: 571 So.2d 71 Veronica JACKSON, Appellant, v. The MIAMI HERALD and Travelers Ins. Co.,
Appellees.
TEXT: WENTWORTH, Judge. Claimant seeks review of the denial of her claim for an adjustment to her
... Place Health Center, 506 So.2d 1148 (Fla. 1st DCA 1987). Reversed and remanded for further
consistent proceedings. JOANOS and ALLEN, JJ., concur.
30-CITE: 650 So.2d 233 SPRINGWOOD PRO, INC. and Hart-Land Ext., Inc., Appellants, v. DEPARTMENT OF
LABOR & EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. Appellants have requested reversal of the Department of Labor and Employment
Sec...is cause is remanded to the Division of Administrative Hearings for further proceedings.
BARFIELD and KAHN, JJ., and SHIVERS, Senior Judge, concur.
31-CITE: 495 So.2d 255 Joanna W. CASSADY, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,
Appellee.
TEXT: PER CURIAM. This is an appeal from a decision of the Unemployment Appeals Commission
affirmi...2 So.2d 827 (Fla. 2d DCA Aug. 13, 1986), has followed the fourth district s holding in
Sheppard v. State, Department of Labor & Employment Security.
32-CITE: 681 So.2d 930 Andrew L. BROWN, Appellant, v. CARGILL, INC. and Florida Unemployment Appeals
Commission, Appellees.
TEXT: PER CURIAM. Affirmed. See Hines v. Department of Labor and Employment Sec., 455 So.2d 1104
(...or and Employment Sec., 455 So.2d 1104 (Fla. 3d DCA 1984); Hartenstein v. Department of Labor
and Employment Sec., 383 So.2d 759 (Fla. 2d DCA 1980).
33-CITE: 457 So.2d 592 McDONALD CONSTRUCTION CORP. & Commercial Risk Management, Inc., Appellants, v.
Lawrence DION, Appellee.
TEXT: WENTWORTH, Judge. The carrier s contention in this appeal is that wage loss benefits should
... alternative employment or other proof of voluntary limitation of income by claimant, the order
must be affirmed. SHIVERS and NIMMONS, JJ., concur.
34-CITE: 629 So.2d 1008 Robert COSTELLO and Valerie Costello, his wife, Appellants, v. INSURANCE
SERVICING & ADJUSTING COMPANY, a Florida corporation, and Alyse Netzer, Appellees.
TEXT: PER CURIAM. We reverse the summary final judgment entered against appellant in his action
fo...tionship. Therefore, we believe that there is a genuine issue of material fact in this issue.
DELL, C.J., and GLICKSTEIN and PARIENTE, JJ., concur.
35-CITE: 670 So.2d 1202 Donna S. FOWLER, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: FARMER, Judge. We reverse the final order of the UAC denying benefits upon the referee s
fin...er employment without prejudice to her right to unemployment benefits. REVERSED FOR NEW
EVIDENTIARY HEARING. GUNTHER C.J., and WARNER, J., concur.
36-CITE: 495 So.2d 838 Ellen GRAPPONE, Appellant, v. CITY OF MIAMI BEACH, Appellee.
TEXT: PER CURIAM. This is an appeal by Ellen Grappone from an order of the trial court dismissing
...rican Agronomics Corp. v. Ross, 309 So.2d 582 (Fla. 3d DCA), cert. denied, 321 So.2d 558
(Fla.1975). Reversed and remanded for further proceedings.
37-CITE: 459 So.2d 447 BURNUP & SIMS COM TEC, INC., Appellant, v. STATE of Florida, DEPARTMENT OF LABOR
AND EMPLOYMENT SECURITY, DIVISION OF EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. We originally entered a per curiam decision without opinion affirming the order
...here is sufficient evidence in the record to uphold the special deputy s findings; *449
therefore, I cannot conclude that his findings are in error.
38-CITE: 600 So.2d 570 Eunice A. McCALLUM, Appellant, v. ROYAL CARIBBEAN CRUISES, LTD., Appellee.
TEXT: PER CURIAM. Affirmed. Moore v. Florida Unemployment Appeals Commission, 498 So.2d 992 (Fla.
...453 So.2d 927 (Fla. 2d DCA 1984); Perez v. State, Department of Labor and Employment Security,
Appeals Commission, 377 So.2d 806 (Fla. 3d DCA 1979).
39-CITE: 709 So.2d 632 Pollyanne RODRIGUEZ, Appellant, v. ARBY S, INC., and Florida Unemployment
Appeals Commission, Appellee.
TEXT: BLUE, Judge. Pollyanne Rodriguez appeals the Florida Unemployment Appeals Commission s
decis... UAC s decision is reversed and Rodriguez s unemployment compensation reinstated. Reversed
and remanded. CAMPBELL, A.C.J., and FULMER, J., concur.
40-CITE: 710 So.2d 1046 SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,
STATE OF FLORIDA, Appellant, v. KIMBERLY QUALITY CARE and Gallagher Bassett Services, Appellees.
TEXT: PER CURIAM. Reversed. D.A Netzel, Inc. v. Special Disability Trust Fund, 681 So.2d 874
(Fla.... PER CURIAM. Reversed. D.A Netzel, Inc. v. Special Disability Trust Fund, 681 So.2d 874
(Fla. 1st DCA 1996). ERVIN, BOOTH and BENTON, JJ., concur.
41-CITE: 721 So.2d 379 Ravisankar YARABOTHU, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: ANTOON, Judge. Ravisankar Yarabothu was employed by McGraw-Hill Company, Inc., as a printer
...Fla. 5th DCA 1996); see also Brooks v. Unemployment Appeals Comm n, 695 So.2d 879 (Fla. 5th DCA
1997). AFFIRMED. W. SHARP and HARRIS, JJ., concur.
42-CITE: 583 So.2d 704 GULFSTREAM HOMES OF TAMPA, INC. and Glad Homes of Tampa, Inc., Appellants, v.
Nancy B. CRAWFORD, Appellee.
TEXT: LEHAN, Judge. We reverse the final judgment entered upon a jury verdict awarding sales
commi...s not to be for continuing services). Reversed and remanded for entry of judgment in favor
of defendant. CAMPBELL, A.C.J., and PARKER, J., concur.
43-CITE: 499 So.2d 37 Larry O. HEALAN, Appellant, v. Gloria K. HEALAN, Appellee.
TEXT: PER CURIAM. AFFIRMED. BOOTH, C.J., and WENTWORTH, J., concur. ZEHMER, J., specially
concur...nues good faith efforts to obtain employment within her capabilities and becomes
chronically unemployed and totally dependant on her former husband.
44-CITE: 460 So.2d 464 Nelson KUSNER and Manmex, Inc., a Texas corporation, and NK Industries, Inc.,
Appellants, v. AMERICAN MINERALS, INC., Appellee.
TEXT: PER CURIAM. We reverse the preliminary injunction under review (FN1) because the
non-competi...sentative, are entirely inseparable as parties to the contract and that Kusner thus
may not be considered a salesman of Manmex under paragraph 7(c).
45-CITE: 498 So.2d 992 Jerry W. MOORE, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and
Pursley Turf & Garden Centers, Appellees.
TEXT: MILLS, Judge. In this appeal from an order by the Unemployment Appeals Commission, denying
*...o make up work days missed due to inclement weather can be viewed as such a wrongful act.
Accordingly, we affirm. SHIVERS and JOANOS, JJ., concur.
46-CITE: 546 So.2d 93 TILE PLUS and CNA Insurance Companies, Appellants, v. Domenic ALBANESE, Appellee.
TEXT: ZEHMER, Judge. The claimant, Domenic Albanese, obtained a workers compensation order in
incr...properly used the two *95 weeks wages to compute the average weekly wage under section
440.14(1)(d). AFFIRMED. WENTWORTH and NIMMONS, JJ., concur.
47-CITE: 648 So.2d 284 Mary T. AMATO, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS COMMISSION,
Appellee.
TEXT: PER CURIAM. Appellant, Mary Amato, challenges a final order of the Unemployment Appeals
Comm...n appeal is reversed and this cause remanded with directions that the order of the referee be
reinstated. STONE, FARMER and STEVENSON, JJ., concur.
48-CITE: 599 So.2d 195 Harriet MARGULIES, Appellant, v. PALLOTT & POPPELL and Florida Unemployment
Appeals Commission, Appellees.
TEXT: PER CURIAM. This is an appeal by the claimant Harriet Margulies from a final order of the
Un...case did not intend to quit her employment and fully expected to return to work when she deemed
it appropriate cannot change this result. Affirmed.
49-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.
50-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.
51-CITE: 646 So.2d 842 William M. SCOTT, Appellant, v. CENTRAL FLORIDA TOWER CORPORATION and Florida
Unemployment Appeals Commission, Appellees.
TEXT: BLUE, Judge. William M. Scott appeals an order of the Unemployment Appeals Commission
affirm...er denying Scott s claim for unemployment benefits and remand for proceedings consistent
with this opinion. PARKER, A.C.J., and QUINCE, J., concur.
52-CITE: 545 So.2d 960 William VAN DUSEN, Appellant, v. SINGLE PLY INTERNATIONAL, INC. OF FLORIDA,
Appellee.
TEXT: ORFINGER, Judge. Plaintiff below appeals a summary final judgment entered in favor of
defend...kets v. Cheesbro Roofing, Inc., 502 So.2d 484 (Fla. 5th DCA 1987). REVERSED and REMANDED
for further proceedings. COWART and GOSHORN, JJ., concur.
53-CITE: 632 So.2d 235 Douglas R. COOPER, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and
Complete Business Systems, Inc., Appellees.
TEXT: PER CURIAM. The Unemployment Appeals Commission construed the employment contract as a bar
t...prohibited from listing his own house for sale. The order denying unemployment benefits is
reversed. ZEHMER, C.J., and MINER and WOLF, JJ., concur.
54-CITE: 525 So.2d 1036 ROYAL CARIBBEAN CRUISE LINE, INC., Appellant, v. FLORIDA UNEMPLOYMENT APPEALS
COMMISSION and Linda S. Cooney, Appellees.
TEXT: PER CURIAM. Affirmed. Taylor v. State Dep t of Labor & Employment Security, 383 So.2d 1126
(...a. 1st DCA 1965) (a separation from employment is voluntary only when the decision whether to go
or to stay lies at the time with the worker alone).
55-CITE: 694 So.2d 146 Paulette HUNT, Appellant, v. YODER BROTHERS, INC. and Crawford & Co., Appellees,
and Department of Labor & Employment Security, Division of Workers Compensation, Intervenor
Appellee.
TEXT: PER CURIAM. AFFIRMED. Strohm v. Hertz Corp., 685 So.2d 37 (Fla. 1st DCA 1996), petition for
...ertz Corp., 685 So.2d 37 (Fla. 1st DCA 1996), petition for review filed, case no. 89,884 (Fla.
Feb. 14, 1997). ERVIN, KAHN and BENTON, JJ., concur.
56-CITE: 598 So.2d 262 Gerardo IGLESIAS, Appellant, v. EAGLE NATIONAL BANK OF MIAMI, et al., Appellees.
TEXT: PER CURIAM. After hearing, the appeals referee determined that Iglesias was entitled to
unem...g unemployment compensation benefits is reversed and the cause is remanded with directions
to afford the appellant the benefits claimed. Reversed.
57-CITE: 646 So.2d 798 Patricia J. DeLISI, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,
Appellee.
TEXT: FRANK, Chief Judge. Patricia DeLisi sought unemployment compensation after she was
discharge...employment Appeals Commission and remand this matter for entry of an order allowing
DeLisi s claim for benefits. PATTERSON and QUINCE, JJ., concur.
58-CITE: 462 So.2d 567 Benney MALVER, Appellant, v. SHEFFIELD INDUSTRIES, INC., Appellee.
TEXT: NESBITT, Judge. Malver, having elected to stand on his second amended complaint, appeals
its...ccordingly, the order dismissing the complaint is affirmed with directions that the plaintiff
be allowed to amend Count I. Affirmed with directions.
59-CITE: 642 So.2d 128 Cheryl D. ELMORE, Appellant, v. Lizena HAMMOND and Florida Unemployment Appeals
Commission, Appellees.
TEXT: PER CURIAM. We reverse the denial to appellant of unemployment compensation benefits for
the... These benefits must be reinstated retroactive to the date they were terminated. REVERSED,
with instructions. ALLEN, KAHN and MICKLE, JJ., concur.
60-CITE: 434 So.2d 41 GOLDEN GEM GROWERS, INC. and Professional Administrators, Inc., Appellants, v.
Herman A. CROW, Appellee.
TEXT: WIGGINTON, Judge. In this workers compensation appeal the deputy commissioner unequivocally
...v. Parker, 423 So.2d 610 (Fla. 1st DCA 1982). Accordingly, the award of the attorney s fee is
also reversed. ERVIN, C.J., and THOMPSON, J., concur.
61-CITE: 566 So.2d 822 Howard R. BERMAN, Michael J. Weil, and Drs. Berman and Weil, P.A., f k a Drs.
Berman, Weil & Kotkis, P.A., Appellants, v. Stephen J. KOTKIS, Appellee.
TEXT: POLEN Judge. This is a timely consolidated appeal from the trial court s final judgment
ente...y we would reverse and remand for further proceedings solely on this point. AFFIRMED IN PART
AND REVERSED IN PART. GUNTHER and STONE, JJ., concur.
62-CITE: 642 So.2d 677 Thomas Alan BURKE, Appellant, v. STATE of Florida, Appellee.
TEXT: DIAMANTIS, Judge. Thomas Alan Burke appeals his sentence, contending that the trial court
er... order s special condition regarding employment as modified. As modified, AFFIRMED in part;
lien QUASHED; REMANDED. COBB and GRIFFIN, JJ., concur.
63-CITE: 718 So.2d 306 SOUTHEAST MEDICAL PRODUCTS, INC., Appellant, v. William C. WILLIAMS, Appellee.
TEXT: PER CURIAM. Southeast Medical Products (SMP) appeals the dismissal of its claim against a
fo...etition with it in 1997 did not state a cause of action for breach of the covenant. Affirmed.
BLUE, A.C.J., and FULMER and CASANUEVA, JJ., concur.
64-CITE: 549 So.2d 1157 Edwin C. McCLURE, Jr., Appellant, v. PAINEWEBBER, INCORPORATED, Appellee.
TEXT: In this appeal, Edwin C. McClure, Jr., challenges a non-final order granting a motion filed
b...ot. Accordingly, we affirm the stay pending arbitration as to the arbitrable claims but reverse
as to the note. Affirmed in part; reversed in part.
65-CITE: 533 So.2d 942 Mindy FRUMKES, Appellant, v. BEASLEY-REED BROADCASTING OF MIAMI, INC., a Florida
corporation, Appellee.
TEXT: PER CURIAM. This is an appeal from an order granting a temporary injunction to enforce the
n...verse the order granting a temporary injunction to enforce the non-compete agreement, and we
remand for further proceedings. REVERSED AND REMANDED.
66-CITE: 676 So.2d 46 Janice N. COLON, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: ERVIN, Judge. This is an appeal from a final order of the Unemployment Appeals Commission,
d...sed and the cause remanded with directions that Colon s application be granted. REVERSED and
REMANDED. DAVIS, J., and SMITH, Senior Judge, concur.
67-CITE: 655 So.2d 1310 Jean C. GORR, Appellant, v. SHERIDAN TRAVELS, INC., and Florida Unemployment
Appeals Commission, Appellees.
TEXT: PER CURIAM. We reverse, as manifestly against the weight of the evidence, the decision of
th...r employment. Accordingly, we reverse and direct that Appellant be deemed qualified to receive
benefits. GLICKSTEIN, STONE and FARMER, JJ., concur.
68-CITE: 560 So.2d 256 AIR AMBULANCE NETWORK, INC., Appellant, v. Lawrence R. BERCU, d b a Air
Ambulance, Appellee.
TEXT: PER CURIAM. The evidence supports the trial court s finding that Air Ambulance Network,
Inc.... of Bercu in AAN s action to enforce a noncompetitive clause in the parties employment
contract. Appellant s remaining points lack merit. Affirmed.
69-CITE: 485 So.2d 1 Terry SMALLS, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS COMMISSION and
Butler Corporation, Appellees.
TEXT: FRANK, Judge. The appellant, Terry Smalls, has sought our review of an administrative order
...ations Commission, Florida Department of Commerce, Tallahassee, 277 So.2d 827 (Fla. 4th DCA
1973). Affirmed. SCHEB, A.C.J., and LEHAN, J., concur.
70-CITE: 691 So.2d 26 Randy MILLER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Randy Miller (Miller) appeals his conviction and sentence for robbery with a
fir...s. We remand for correction in this regard consistent with Evans. AFFIRMED in part and
REVERSED in part. WEBSTER, MICKLE and LAWRENCE, JJ., concur.
71-CITE: 714 So.2d 667 Kristin H. WHITE, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: PER CURIAM. Kristin H. White, appearing in proper person, appeals an order of the
Unemployme...s to require reversal. Applegate, 377 So.2d at 1152. Accordingly, the order on appeal
is AFFIRMED. BENTON, VAN NORTWICK and PADOVANO, JJ., concur.
72-CITE: 636 So.2d 792 Alphonso L. JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: DIAMANTIS, Judge. Appealing his sentence of community control, Alphonso L. Johnson contends
...). Accordingly, we affirm Johnson s sentence of community control as modified. Sentence
AFFIRMED AS MODIFIED. PETERSON and THOMPSON, JJ., concur.
73-CITE: 533 So.2d 890 Norman ZULAUF, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and
Universal Service Credit Union, Appellees.
TEXT: PER CURIAM. Norman Zulauf appeals from a ruling of the Florida Unemployment Appeals
Commissi...versed, and the cause is remanded with directions to adopt the appeals referee s decision
awarding benefits. REVERSED AND REMANDED WITH DIRECTIONS.
74-CITE: 629 So.2d 1083 Andrzej NOWAK, Appellant, v. YMCA SOUTH COUNTY, and Feisco, Appellee.
TEXT: ERVIN, Judge. Appellant, Andrzej Nowak, appeals from a workers compensation order
dismissing...(FN1) SMITH and BARFIELD, JJ., concur. ------------ (FN1) As a result of our
disposition, we do not reach the remaining issues raised by appellant.
75-CITE: 503 So.2d 411 Bruce P. MacVEAN, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,
Appellee.
TEXT: PER CURIAM. Claimant appeals a decision of the Florida Unemployment Appeals Commission
deter... Appeals Commission, 418 So.2d 1228 (Fla. 3d DCA 1982). The decision of the appeals
commission is affirmed. DOWNEY, WALDEN and STONE, JJ., concur.
76-CITE: 603 So.2d 26 BUENA VIDA TOWNHOUSE ASSOCIATION and Continental Loss Adjusting Co., Appellants,
v. Joseph PARCIAK, Jr., Appellee.
TEXT: ALLEN, Judge. The employer carrier appeal a workers compensation order by which the
claimant...herefore failed to demonstrate any reversible error in this regard, and the appealed
order is accordingly affirmed. SHIVERS and MINER, JJ., concur.
77-CITE: 453 So.2d 876 Lynn PRESHER, Appellant, v. J. QUICK TRUCKING, Appellee.
TEXT: ON MOTION FOR REHEARING BARFIELD, Judge. This case is before the court on appellee s
motion... the deputy commissioner is REVERSED and the case REMANDED for further proceedings
consistent with this opinion. WENTWORTH and ZEHMER, JJ., concur.
78-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.
79-CITE: 498 So.2d 689 Willie BACON, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et al., Appellees.
TEXT: UPCHURCH, Judge. Appellant, Willie Bacon, appeals a final order of the Unemployment Appeals
...n was not presented below, we reverse and remand for further proceedings. REVERSED and REMANDED.
COBB, J., and LEE, R.E., Associate Judge, concur.
80-CITE: 432 So.2d 723 NORTH MIAMI GENERAL HOSPITAL INCORPORATED, Appellant, v. Eva L. PLAZA and
Department of Labor and Employment Security, State of Florida, Unemployment Appeals Commission,
Appellees.
TEXT: SCHWARTZ, Chief Judge. Ms. Plaza worked at the North Miami General Hospital as a
respiratory...arch 13, 14, and May 19, 1982 because the commission has assured us that the hospital
s account has not in fact been charged for any of these dates.
81-CITE: 659 So.2d 1236 Ava M. HONIG, Appellant, v. FLORIDA COMMISSION ON HUMAN RELATIONS, etc., et al.
Appellees.
TEXT: PETERSON, Chief Judge. Ava M. Honig appeals, pro se, a final order of the Florida
Commission...claimed that her situation involves employment, housing, or AIDS, the order of the
Commission is affirmed. AFFIRMED. COBB and HARRIS, JJ., concur.
82-CITE: 640 So.2d 1251 Dennis Lee STEVENS, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Chief Judge. We affirm Stevens conviction and sentence; however, we remand to the
tr...ployment condition to read that Stevens will seek gainful employment. AFFIRMED and REMANDED
for modification. PETERSON and DIAMANTIS, JJ., concur.
83-CITE: 519 So.2d 38 The CONKLIN CENTER, Appellant, v. Phyllis WILLIAMS, Appellee.
TEXT: COBB, Judge. The issue in this case is a simple one concerning procedural due process. The
a...l issue an order prohibiting the practice and providing affirmative relief from the effects of
the practice, including reasonable attorney s fees.
84-CITE: 529 So.2d 1172 QUALITY PAINTING, INC., and Hill, Richards & Companies, Inc., Appellants, v.
Margie HARRISON, Appellee.
TEXT: WENTWORTH, Judge. Employer servicing agent appeal, and claimant cross-appeals, a workers
com...future earnings in the average weekly wage determination. The order is otherwise affirmed and
the cause remanded. ZEHMER and BARFIELD, JJ., concur.
85-CITE: 479 So.2d 301 M & L DISTRIBUTORS, INC., Appellant, v. STATE of Florida, DEPARTMENT OF LABOR
AND EMPLOYMENT SECURITY, DIVISION OF EMPLOYMENT COMPENSATION, Appellee.
TEXT: DOWNEY, Judge. Rolland S. Clark filed claim for unemployment compensation after terminating
...th directions to enter an order denying compensation to the claimant. REVERSED AND REMANDED with
directions. HERSEY, C.J., and WALDEN, J., concur.
86-CITE: 640 So.2d 154 John G. TIERNEY, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, and Bern
s Steak House, Inc., Appellees.
TEXT: PER CURIAM. The appellant, John G. Tierney, challenges the Florida Unemployment Appeals
Comm...s full time employment with First Florida Bank. Reversed and remanded with instructions.
CAMPBELL, A.C.J., and SCHOONOVER and QUINCE, JJ., concur.
87-CITE: 601 So.2d 318 Dennis RIMMER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s judgment and sentence. However, we modify that portion of
... he shall begin paying restitution at the above rate upon securing employment. AFFIRMED as
modified. DAUKSCH, PETERSON and DIAMANTIS, JJ., concur.
88-CITE: 617 So.2d 428 Karen L. ROSS and Robert A. Ross, her husband, Appellants, v. TWENTY-FOUR
COLLECTION, INC., et al., Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiffs Karen Ross and her husband Robert Ross from
...obviously barred because neither of the underlying contract or tort *429 claims are viable on
this record for the reasons already stated. Affirmed.
89-CITE: 468 So.2d 527 BOYLE CONSTRUCTION COMPANY and Crum & Forster Insurance Companies, Appellants,
v. David CLAY and Division of Workers Compensation, Department of Labor & Employment Security,
Appellees.
TEXT: PER CURIAM. The order in this workers compensation case is not an appealable final order,
an...b)(2), Fla.Stat. (1983); City of Clermont v. Rumph, 450 So.2d 573 (Fla. 1st DCA 1984). APPEAL
DISMISSED. JOANOS, THOMPSON and ZEHMER, JJ., concur.
90-CITE: 637 So.2d 311 H.R. McARTHUR and Salvatore Reina, Appellants, v. A.A. GREEN & COMPANY OF
FLORIDA, INC., etc., Appellee.
TEXT: PER CURIAM. This is a consolidated appeal by the plaintiffs H.R. McArthur and Salvatore E.
R...al summary judgment under review is therefore reversed and the cause is remanded to the trial
court for further proceedings. Reversed and remanded.
91-CITE: 450 So.2d 866 Stanley E. FOWLER, Appellant, v. CITY OF HOLLYWOOD and Unemployment Appeals
Commission, Appellees.
TEXT: PER CURIAM. AFFIRMED. LETTS, J., concurs. HERSEY, J., concurs specially with opinion.
BER... of one. Simple economics dictates the solution. We should not penalize the employer and
reward the recalcitrant employee under these circumstances.
92-CITE: 525 So.2d 963 SOUTH FLORIDA PRESTRESSED and Poe Risk Management Services, Inc., Appellants, v.
Norris POLLOCK, Appellee.
TEXT: BARFIELD, Judge. In this workers compensation appeal, the employer contests the award of
wag...drug testing at the start of their employment, and requiring all employees to consent to
random drug testing as a condition of continued employment.
93-CITE: 691 So.2d 602 James N. SYCAMORE, Appellant, v. FLORIDA ATLANTIC UNIVERSITY, acting For and on
Behalf of The Board of Regents, a public corporation of the State of Florida, Anthony J. Catanese
and Ondina Felipe, Appellees.
TEXT: PER CURIAM. The employment contract between appellant and the university adopted the terms
o...ween a faculty member and the university. We affirm the summary final judgment entered in favor
of appellees. WARNER, POLEN and GROSS, JJ., concur.
94-CITE: 653 So.2d 1140 BAYFRONT MEDICAL CENTER and Commercial Risk Management, Appellants, v. Peter
HARDING, Appellee.
TEXT: WENTWORTH, Senior Judge. The Employer Servicing Agent seek review of the judge of
compensati... that Claimant s trip did not remove him from the course and scope of his employment,
the order appealed is affirmed. ALLEN and DAVIS, JJ., concur.
95-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.
96-CITE: 711 So.2d 1375 CATO CORPORATION and The Travelers Insurance Company, Appellants, v. Dawn
STUART, Appellee.
TEXT: PER CURIAM. The employer carrier seek review of a workers compensation order determining
the...on a forty hour week. In all other respects, the order is affirmed. Affirmed in part and
reversed in part. ERVIN, BOOTH and PADOVANO, JJ., concur.
97-CITE: 597 So.2d 415 Nathan B. ROBINSON, Appellant, v. Luz Angela ROBINSON, Appellee.
TEXT: PER CURIAM. We affirm the trial court s denial of appellant s petition for modification of
c...f proof required to sustain a modification. Conklin v. Conklin, 551 So.2d 1279 (Fla. 4th DCA
1989). GLICKSTEIN, C.J., DELL and WARNER, JJ., concur.
98-CITE: 603 So.2d 118 Mamie L. JONES, Appellant, v. CREATIVE WORLD SCHOOL, INC., and Florida
Unemployment Appeals Commission, Appellees.
TEXT: PER CURIAM. Claimant, Mrs. Jones, appeals the decision of the Florida Unemployment Appeals
C...ccordingly, the order of the UAC is reversed and the decision of the appeals referee is
reinstated. LEHAN, C.J., and RYDER and DANAHY, JJ., concur.
99-CITE: 456 So.2d 528 Daniel KACSIR, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS COMMISSION
and Pacific Intermountain Express Company, Appellees.
TEXT: BASKIN, Judge. Daniel Kacsir appeals an order of the Unemployment Appeals Commission which
*...), cert. dismissed, 168 So.2d 146 (Fla.1964). Finding that the order appealed is supported by
competent, substantial evidence, we affirm. Affirmed.
100-CITE: 578 So.2d 41 Andrea VERDUCI, Appellant, v. GOLD COAST CHEMICAL CORP., Appellee.
TEXT: PER CURIAM. We reverse the trial court s order granting Gold Coast Chemical Corporation
(Gol...sider evidence of Gold Coast s breach of Verduci s employment contract. REVERSED AND
REMANDED. HERSEY, C.J., and ANSTEAD and GUNTHER, JJ., concur.
101-CITE: 558 So.2d 1102 METAL MANUFACTURING COMPANY, Appellant, v. DEPARTMENT OF LABOR AND EMPLOYMENT
SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION, Appellee.
TEXT: PER CURIAM. AFFIRMED. COBB and W. SHARP, JJ., concur. GRIFFIN, J., concurs specially with
...pellant below, is such a vehicle. The record is inadequate to establish a basis upon which this
court could rule on any of appellant s other points.
102-CITE: 715 So.2d 963 Lester SWARTZ, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Remembrances
Vintage Recreations, Inc., c o Lasting Impressions, Appellees.
TEXT: PER CURIAM. We affirm an order of the commission denying Appellant unemployment
compensation... the principal consideration in determining employment status is the employer s
degree of control). STONE, C.J., and GROSS and TAYLOR, JJ., concur.
103-CITE: 497 So.2d 706 ZAYRE CORP., Appellant, v. James R. CREECH, Appellee.
TEXT: DOWNEY, Judge. Zayre Corporation appeals a final judgment in favor of appellee James R.
Cree...nd the cause is remanded to the trial court with directions to enter a judgment for Creech
for nominal damages only. LETTS and WALDEN, JJ., concur.
104-CITE: 601 So.2d 278 In the Interest of J.A.M., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. J.A.M. has appealed a condition of community control, imposed in the order of
di...re to commence upon J.A.M. s obtaining employment, which he must make all reasonable efforts to
obtain. JOANOS, C.J., ZEHMER and KAHN, JJ., CONCUR.
105-CITE: 580 So.2d 826 Donald MATTESON, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et al.,
Appellees.
TEXT: HARRIS, Judge. Donald Matteson was employed by the City of Titusville in 1973 and was
discha...Matteson and find them to be without merit. AFFIRMED. GRIFFIN and DIAMANTIS, JJ., concur.
------------ (FN6) Section 443.036(32) Fla.Stat. (1989).
106-CITE: 682 So.2d 1239 GULF ATLANTIC AIRWAYS, INC., Appellant, v. Yvette I. HARRISON and Florida
Unemployment Appeals Commission, Appellees.
TEXT: PER CURIAM. Because competent, substantial evidence supports the hearing officer s finding
t...t DCA 1979). The order of the Florida Unemployment Appeals Commission awarding benefits is
therefore REVERSED. ERVIN, KAHN and DAVIS, JJ., concur.
107-CITE: 581 So.2d 973 Larry E. BURD, Appellant, v. DIVISION OF RETIREMENT, Appellee.
TEXT: WENTWORTH, Senior Judge. This is an appeal from a final order, entered by the State
Retireme... Commission s order is reversed and the cause remanded with directions to award appellant
in-line-of-duty benefits. BOOTH and NIMMONS, JJ., concur.
108-CITE: 520 So.2d 695 DEPARTMENT OF CORRECTIONS, Appellant, v. Gwen CROCE, Appellee.
TEXT: PER CURIAM. This appeal comes to us from a non-final order denying a motion to dissolve a
te...e the order denying appellant s motion to dissolve and vacate the temporary injunction.
REVERSED. HERSEY, C.J., and DELL and GUNTHER, JJ., concur.
109-CITE: 717 So.2d 165 Steve BERMAN, Appellant, v. ALAMO RENT A CAR, INC., Appellee.
TEXT: PER CURIAM. We affirm an order compelling arbitration. Appellant claims that he was
fraudul...was an economic loss rule issue addressed in the trial court that is not raised in this
appeal and, therefore, we do not comment on its application.
110-CITE: 671 So.2d 222 Earnest BRANDON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Earnest Raja Brandon (Brandon) challenges his judgment and sentence for robbery
...ce and an opportunity to be heard on the amount of the fee. AFFIRM in part; REVERSE and REMAND
in part. WEBSTER, MICKLE and LAWRENCE, JJ., concur.
111-CITE: 629 So.2d 1118 EMPLOYERS FIRE INSURANCE COMPANY, Appellant, v. STATE of Florida, DEPARTMENT OF
LABOR AND EMPLOYMENT SECURITY, DIVISION OF WORKERS COMPENSATION, Appellee.
TEXT: PER CURIAM. Appellant, the defendant below, challenges the validity of a default judgment
th...holser v. Overstreet, 383 So.2d 953 (Fla. 3d DCA 1980); Turner v. Allen, 389 So.2d 686 (Fla.
5th DCA 1980); MINER, WEBSTER and MICKLE, JJ., concur.
112-CITE: 657 So.2d 962 Velva DEWACHTER, Appellant Cross-Appellee, v. Michaela G. SCOTT, M.D., Appellee
Cross-Appellant.
TEXT: POLEN, Judge. Velva Dewachter appeals from a summary final judgment entered against her in
a...however, affirm the trial court s denial of attorney s fees pursuant to section 57.105, Florida
Statutes (1993). WARNER and STEVENSON, JJ., concur.
113-CITE: 632 So.2d 253 Francisco VALDEZ, Appellant, v. ENTENMANN S BAKERY and The Hartford, Appellees.
TEXT: ERVIN, Judge. In this workers compensation appeal, appellant claimant, Francisco Valdez,
con... further proceedings on claimant s claim for TPD benefits from February 20, 1991 through the
date of the hearing. BARFIELD and BENTON, JJ., concur.
114-CITE: 540 So.2d 157 Janet C. PITTS, Appellant, v. BAY COUNTY SCHOOL BOARD, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of a summary final judgment by which it was
determi...The order appealed is reversed, and the cause remanded with directions that judgment be
entered for appellant. THOMPSON and WIGGINTON, JJ., concur.
115-CITE: 596 So.2d 811 Roger WALLS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Roger Walls brings this appeal from his conviction of burglary of an occupied
co...ion. AFFIRMED IN PART; REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS. DOWNEY and GARRETT,
JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
116-CITE: 452 So.2d 97 Dale Eugene HADDOCK, Appellant, v. HARDWOODS OF ORLANDO, INC. and Nationwide
Insurance Company, Appellee.
TEXT: MILLS, Judge. In this workers compensation action, the claimant appeals from the deputy
comm... during breaks was directly beneficial to the employer and, therefore, incidental to the
employment. REVERSED. SHIVERS and WIGGINTON, JJ., concur.
117-CITE: 440 So.2d 434 METROPOLITAN DADE COUNTY, SELF-INSURED, Appellant, v. Angel NIEVES, Appellee.
TEXT: WIGGINTON, Judge. The issue on appeal addresses the police officer exception to the going
an...382 So.2d 720 (Fla. 1st DCA 1980) (claimant s horseplay constituted a momentary deviation).
AFFIRMED. ROBERT P. SMITH, Jr. and BOOTH, JJ., concur.
118-CITE: 640 So.2d 1221 LIFE INSURANCE COMPANY OF GEORGIA, Appellant, v. DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY, State of Florida, DIVISION OF UNEMPLOYMENT COMPENSATION, Appellee.
TEXT: PER CURIAM. Life Insurance Company of Georgia ( Life of Georgia ) appeals the final order
en... So.2d 180 (Fla.1991); Realty Management Corp. v. Kemp, 380 So.2d 1114 (Fla. 1st DCA 1980).
AFFIRMED. W. SHARP, GOSHORN and THOMPSON, JJ., concur.
119-CITE: 494 So.2d 253 The BISON COMPANY and Northbrook Indemnity, Appellants, v. Francis Edward
SHUBERT, Appellee.
TEXT: ERVIN, Judge. The employer carrier appeals from an order awarding temporary total
disability...ion 38.83(b), at 7-278 (1985). Since no evidence was presented in this regard, the
order on review is REVERSED. SHIVERS and THOMPSON, JJ., concur.
120-CITE: 645 So.2d 152 Robin M. BELL, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et al., Appellees.
TEXT: GRIFFIN, Judge. Appellant, Robin M. Bell, appearing pro se, has appealed an order of the
Une...n a position to overturn them. Given the facts found by the referee, we find no legal error
and affirm. AFFIRMED. COBB and DIAMANTIS, JJ., concur.
121-CITE: 544 So.2d 301 STAR INSULATION and Aetna Life & Casualty, Appellants, v. Alan Dewayne
KENNINGTON, Appellee.
TEXT: NIMMONS, Judge. The employer and carrier (E C) appeal from an order awarding compensation
be...place of contract is the place of performance of the last act necessary to complete the
contract in accordance with the offer made by the offeror.
122-CITE: 627 So.2d 593 L.J.H., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Acting Chief Judge. L.J.H. appeals the order requiring her to pay restitution in the
t...ent contingent upon obtaining earnings from employment, which L.J.H. must make every reasonable
effort to secure. THREADGILL and BLUE, JJ., concur.
123-CITE: 704 So.2d 136 Robert W. SCHOENFELDER, Appellant, v. WINN & JORGENSEN, P.A., and Nationwide
Insurance Company, Appellees.
TEXT: ERVIN, Judge. This is an appeal from a workers compensation order concluding that the
injury...his regular place of employment. REVERSED and REMANDED for further proceedings consistent
with this opinion. BARFIELD, C.J., and KAHN, J., concur.
124-CITE: 732 So.2d 33 Robert Lee FLICKENGER and John Karras, Appellants, v. R.J. FITZGERALD & COMPANY,
INC., Appellee.
TEXT: PARKER, Chief Judge. Robert Lee Flickenger and John Karras (appellants) seek review of the
t...her, the trial court is directed to conduct an evidentiary hearing and thereafter to set an
appropriate bond. PATTERSON and NORTHCUTT, JJ., Concur.
125-CITE: 547 So.2d 1302 Jack M. GREENE, Appellant, v. Barbara D. GREENE, Appellee.
TEXT: PATTERSON, Judge. This appeal arises from the denial of the husband s pro se petition for
mo...d enough to encompass a modification as well. See Section 61.14(1), Fla.Stat. (1987). Reversed
and remanded. SCHEB, A.C.J., and LEHAN, J., concur.
126-CITE: 500 So.2d 253 SCHOOL BOARD OF LEE COUNTY, FLORIDA, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS
COMMISSION and Darlene L. Randall, Appellees.
TEXT: PER CURIAM. This cause is before us on appeal from a final order of the Unemployment
Appeals...r. Accordingly, we find no support for the appeals referee s conclusion and reverse.
REVERSED. BOOTH, C.J., and WENTWORTH and ZEHMER, JJ., concur.
127-CITE: 687 So.2d 66 Nelson DELACRUZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We strike the condition of probation requiring the appellant to maintain
full-ti...rwise affirmed. See Brock v. State, 667 So.2d 1014 (Fla. 1st DCA), review granted, 676
So.2d 1368 (Fla.1996). MINER, ALLEN and MICKLE, JJ., concur.
128-CITE: 482 So.2d 593 Peggy A. VAUGHN, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, and Shop
& Go, Inc., Appellees.
TEXT: PER CURIAM. At issue is whether an individual who refuses to take a polygraph examination
ma...ther proceedings not inconsistent with this opinion. REVERSED and REMANDED. DOWNEY and
HURLEY, JJ., and RIVKIND, LEONARD, Associate Judge, concur.
129-CITE: 605 So.2d 966 DR. Santo De Jesus DIAZ, Appellant Cross-appellee, v. DR. BERTRAM P. SHAPIRO,
P.A., Greater Miami Medical Center, Appellees Cross-appellants.
TEXT: PER CURIAM. Dr. Santo De Jesus Diaz, defendant below, appeals an adverse final judgment in
a... is also reversed. By reason of these rulings, the cross-appeal is moot. Reversed and remanded
with directions to enter judgment for the defendant.
130-CITE: 752 So.2d 99 Shirley ROZELL, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS COMMISSION
and CG, Inc., Appellees. Richard Rozell, Appellant, v. State of Florida, Unemployment Appeals
Commission and CG, Inc., Appellees.
TEXT: PARKER, Acting Chief Judge. Shirley and Richard Rozell (the claimants) appeal the orders of
...ve no basis from which to determine that the UAC erred in affirming the appeals referee s
findings. Affirmed. CASANUEVA and STRINGER, JJ., Concur.
131-CITE: 626 So.2d 1085 Elnora JACKSON and E.J. Jackson, her husband, Appellants, v. BELLSOUTH
MOBILITY, INC., and Louise Calvert, Appellees.
TEXT: PER CURIAM. The trial court dismissed the third amended complaint with prejudice for
failure...DCA 1985); Arison Shipping Co. v. Smith, 311 So.2d 739 (Fla. 3d DCA 1975). GLICKSTEIN,
POLEN, JJ., and DONNER, AMY STEELE, Associate Judge, concur.
132-CITE: 550 So.2d 134 Stephanie JOHNSON, Appellant, v. UNITED AIRLINES and The Hartford Insurance Co.,
Appellees.
TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which her claim
f... section obviously contemplates that more than one proceeding may be pending in some cases. de
Cancino v. Eastern Airlines, 239 So.2d 15 (Fla.1970).
133-CITE: 741 So.2d 1249 Heriberto OLAVARRIA, Appellant, v. OKEELANTA CORPORATION and Alexsis, Inc., n k
a RSKCo, Appellees.
TEXT: BENTON, J. Heriberto Olavarria, who was injured while working for Okeelanta Corporation
(Oke...; November 21, 1996, through December 4, 1996; and January 3, 1997, through January 30, 1997,
is reversed. BARFIELD, C.J., and WEBSTER, J., CONCUR.
134-CITE: 544 So.2d 1135 DANTZLER LUMBER AND EXPORT COMPANY, Appellant, v. William R. DEFREITAS and
Patricia Defreitas, Appellees.
TEXT: STONE, Judge. This is an appeal by an employer from a final judgment entered pursuant to a
j...chool Board of Broward County, 471 So.2d 560 (Fla. 4th DCA 1985). Therefore, the final judgment
is affirmed. HERSEY, C.J., and WARNER, J., concur.
135-CITE: 621 So.2d 518 Keith M. RONAN, Appellant, v. Robin Lyn RONAN, Appellee.
TEXT: PER CURIAM. Having carefully reviewed the entire record, we conclude that the trial court
ab...d denying appellee s motion for contempt. AFFIRMED IN PART; REVERSED IN PART; and REMANDED,
with directions. SMITH, KAHN and WEBSTER, JJ., concur.
136-CITE: 496 So.2d 953 A.G. CARRIERS, INC. and Claims Center, Appellants, v. Bernie R. CARROLL,
Appellee.
TEXT: MILLS, Judge. A. G. Carriers, Inc. and the Claims Center (E C) appeal from an order of the
d...ese conditions on this particular mattress was indigenous to his work environment. House, supra.
Affirmed. BOOTH, C.J., and WENTWORTH, J., concur.
137-CITE: 624 So.2d 343 EFFICIENT SYSTEMS, INC. and The Claims Center, Appellants, v. The FLORIDA
DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF WORKERS COMPENSATION, Appellee.
TEXT: WOLF, Judge. Efficient Systems, Inc. and The Claims Center (E C) appeal from an order of
the..., JJ., concur. ------------ (FN1) Neither paragraph (e) [employees under age 22] nor paragraph
(f) [part-time employees] applies to the case at bar.
138-CITE: 609 So.2d 133 HIGHLANDS COUNTY SCHOOL BOARD and McCreary Corporation, Appellants, v. Rosalie
SAVAGE, Appellee.
TEXT: WOLF, Judge. Highlands County School Board and McCreary Corporation (E C), appeal from a
fin... awareness by requiring students to participate in a community service project. The order of
the JCC is affirmed. SMITH and WIGGINTON, JJ., concur.
139-CITE: 433 So.2d 1369 SOUTHERN BELL TELEPHONE AND TELEGRAPH CO., Appellant, v. John SENECA, Appellee.
TEXT: ROBERT P. SMITH, Jr., Judge. Injured on the job in 1980, claimant was awarded temporary
tota...mployment, thus proving any entitlement to the additional benefits claimed. AFFIRMED in
part, REVERSED in part. WENTWORTH and ZEHMER, JJ., concur.
140-CITE: 450 So.2d 582 Diana MOSER, Appellant, v. DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, State of
Florida, Unemployment Appeals Commission, and Pan American World Airways, Inc., Appellees.
TEXT: PER CURIAM. The Unemployment Appeals Commission notified this court that the tape recording
...Inc., 389 So.2d 327 (Fla. 5th DCA 1980); Jackson v. State, 308 So.2d 600 (Fla. 3rd DCA 1975).
ERVIN, C.J., and THOMPSON and WIGGINTON, JJ., concur.
141-CITE: 598 So.2d 100 Diane Negron DEAN, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and
Scannavino, Inc., Appellees.
TEXT: FRANK, Acting Chief Judge. We reverse the Unemployment Appeals Commission s affirmance of
th...ecision of the Commission and remand this matter to it for further proceedings consistent with
this opinion. THREADGILL and PATTERSON, JJ., concur.
142-CITE: 566 So.2d 932 Ruben KAN, Appellant, v. P.G. COOK ASSOCIATES and Florida Unemployment Appeals
Commission, Appellees.
TEXT: BASKIN, Judge. Ruben Kan appeals an order of the Florida Unemployment Appeals Commission
[Co...ersed and remanded for entry of an order in accordance with the referee s findings.
------------ (FN1) Cook did not appear at the referee s hearing.
143-CITE: 520 So.2d 615 TENNECO, INC. and Traveler s Insurance Company, Appellants, v. Michael MONTANA,
Appellee.
TEXT: NIMMONS, Judge. In this appeal by the employer carrier we find only one issue which merits
d...ation. We have examined the remaining points urged by appellants and find them to be without
merit. AFFIRMED. SHIVERS and WENTWORTH, JJ., concur.
144-CITE: 476 So.2d 302 KRAFT, INC. and Ideal Mutual Insurance Company, Appellants, v. William HOOD,
Appellee.
TEXT: BARFIELD, Judge. The employer carrier appeal a final workers compensation order awarding
per...der the circumstances of this case was justified. Finding no reversible error, we AFFIRM the
deputy s final order. SMITH and SHIVERS, JJ., concur.
145-CITE: 680 So.2d 1089 Shirley PETRANDIS, Appellant, v. THREE CROWNS & A. STERN, INC., an Ohio
Corporation, Larry Eppstein and Sunbelt Heritage, Inc., d b a Heritage Greetings, Appellees.
TEXT: PER CURIAM. Affirmed. See Cantor v. Cochran, 184 So.2d 173 (Fla.1966); Miami Herald
Publishi...contractor; if he is subject to control as to the means used to achieve the results, he
is an employee. ), review denied, 515 So.2d 230 (Fla. 1987).
146-CITE: 737 So.2d 609 Stephanie L. ELLIOT, Appellant, v. Carl H. WINSLOW, Jr., P.A., Appellee.
TEXT: PER CURIAM. Stephanie L. Elliot appeals the dismisal with prejudice of her complaint
against... s order dismissing the complaint and remand for further proceedings. Reversed and
remanded. PARKER, A.C.J., and FULMER and SALCINES, JJ., Concur.
147-CITE: 481 So.2d 85 SMILING JACK S MARKETS, R.G.A.F. Underwriters, Appellants, v. Nancy C. SHEFFIELD,
Appellee.
TEXT: PER CURIAM. This is an appeal from a compensation order determining compensability and the
i...nd circumstances as required by Strother, but this cannot be said of the case sub judice. I
would reverse the order appealed and dismiss the claim.
148-CITE: 587 So.2d 588 Michael DRAYOVITCH, Jr., Appellant, v. CITY OF JACKSONVILLE, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals an order of the Public Employees Relations Commission
(P...he record shows that since accrual of his eligibility under section 295.07, appellant has been
so employed. AFFIRMED. SMITH and KAHN, JJ., concur.
149-CITE: 451 So.2d 976 Janice HOWLETT, Appellant, v. SOUTH BROWARD HOSPITAL TAX DISTRICT d b a Memorial
Hospital and State of Florida, Department of Labor and Employment Security, Unemployment Appeals
Commission, Appellees.
TEXT: ANSTEAD, Chief Judge. We reverse the decision on review holding that the appellant is not
en...ed party such as the former employer, we question the economy and propriety of the advocacy of
the Commission in instances such as the case at hand.
150-CITE: 601 So.2d 624 HILLSBOROUGH COUNTY SCHOOL BOARD, et al., Appellants, v. Sharon WILLIAMS,
Appellee.
TEXT: WIGGINTON, Judge. The workers compensation order under review was entered on remand from
thi...So.2d 34 (Fla. 1st DCA 1982). Consequently, the order finding compensability and awarding
benefits is hereby REVERSED. ERVIN and KAHN, JJ., concur.
151-CITE: 656 So.2d 211 N.T. DOLAN, Appellant, v. SPRINGLITE BOTTLED WATER CORP., Appellee.
TEXT: PER CURIAM. We affirm the trial court s determination of the fair value of Dolan s shares
in...irm all other aspects of the final judgment. We affirm, in part, reverse, in part, and remand
for further proceedings consistent with this opinion.
152-CITE: 691 So.2d 18 Cynthia M. PINDER, Appellant, v. PIER 1 IMPORTS (US), INC., and Florida
Unemployment Appeals Commission, Appellees.
TEXT: COPE, Judge. Cynthia M. Pinder appeals an order requiring her to repay unemployment
benefits...Appeals Commission, 664 So.2d 1160 (Fla. 5th DCA 1995); Wright v. Florida Unemployment
Appeals Commission, 512 So.2d 333, 334-35 (Fla. 3d DCA 1987).
153-CITE: 635 So.2d 73 Diane E. STEWART, Appellant, v. DOLLAR TREE and Florida Unemployment Appeals
Commission, Appellees.
TEXT: WEBSTER, Judge. Appellant seeks review of an order of the Florida Unemployment Appeals
Commi...nefits be reinstated, retroactive to the date of their improper termination. REVERSED and
REMANDED, with directions. JOANOS and KAHN, JJ., concur.
154-CITE: 486 So.2d 48 Lulu BOWEN d b a the Tree Path School, Appellant, v. DEPARTMENT OF HEALTH &
REHABILITATIVE SERVICES, Appellee.
TEXT: COBB, Chief Judge. Under section 402.305(1)(a), Florida Statutes (1985), the legislature
pro...meanants) is arbitrary and unreasonable, and thus violative of due process. We conclude that
it is not. AFFIRMED. ORFINGER and SHARP, JJ., concur.
155-CITE: 582 So.2d 177 AT & T COMMUNICATIONS, INC., Appellant, v. Albertha C. JOHNSON, and Florida
Unemployment Appeals Commission, Appellees.
TEXT: PER CURIAM. AT & T Communications, Inc., appeals an order of the Unemployment Appeals
Commis...ppeals Comm n, 411 So.2d 313 (Fla. 3d DCA 1982), and was properly affirmed by the
Commission. We therefore affirm the Commission s order. Affirmed.
156-CITE: 558 So.2d 183 Freddie ARCHIE, Appellant, v. The STATE of Florida, Appellee.
TEXT: CONFESSION OF ERROR PER CURIAM. The defendant, Freddie Archie, appeals from an
adjudication...asons, we remand so that the trial *184 court can correct the order revoking
community control to reflect only the trial court s oral pronouncement.
157-CITE: 616 So.2d 56 John R. NELSON, Appellant, v. DADE COUNTY AVIATION DEPARTMENT, et al., Appellees.
TEXT: PER CURIAM. Appellant John R. Nelson was denied unemployment compensation benefits because,
...987 (Fla.1985). Here, the agency, familiar with the facts and the law, rejected Nelson s
argument. Accordingly, the order under review is affirmed.
158-CITE: 476 So.2d 789 KEENE CORPORATION and Hartford Accident & Indemnity Company, Appellants, v.
Howard O. BAHL, Appellee.
TEXT: NIMMOMS, Judge. The employer and carrier appeal from an order awarding compensation
benefits... has been paid of awarded or timely claim made as provided in this section, and results
within three hundred fifty weeks after such last exposure.
159-CITE: 548 So.2d 700 Jerry Lee OSBORNE, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and
International Typography, Appellees.
TEXT: PER CURIAM. The claimant appeals an order entered by the Unemployment Appeals Commission
aff... did not show that he was lulled into dismissing his appeal by misinformation or coercion.
Accordingly, the decision of the commission is affirmed.
160-CITE: 751 So.2d 699 Brian J. MIRSON, Appellant, v. The CORRADINO GROUP, INC., Appellee.
TEXT: FLETCHER, Judge. Brian J. Mirson seeks to reverse a non-final order granting The Corradino
G... the facts presented here. (FN6) This result is limited to Mirson s Complaint against Corradino
based on alleged breach of the Employment Agreement.
161-CITE: 721 So.2d 312 Willie R. WASHINGTON, Appellant, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR
VEHICLES and Florida Public Employees Commission, Appellees.
TEXT: FRANK, Acting Chief Judge. Willie R. Washington seeks review of the Public Employees
Relatio...lic Employees Relations Commission s reconsideration of the penalty imposed upon
Washington in the light of Bradley. BLUE and WHATLEY, JJ., concur.
162-CITE: 727 So.2d 1128 Steven F. STORY, Appellant, v. Joy McCann CULVERHOUSE, Jack F. Donlan, and Fred
M. Cone, Jr., individually and in their capacity as Trustees of the Hugh F. Culverhouse Trust the
Hugh F. Culverhouse Trust, Gay Culverhouse, and The Culverhouse Family Foundation, Inc., Appellees.
TEXT: CASANUEVA, Judge. In yet another appeal from the so-called global settlement agreement
betwe...roved, the Trust would be entitled to terminate his services. Reversed and remanded with
instructions. PATTERSON, A.C.J., and WHATLEY, J., Concur.
163-CITE: 716 So.2d 855 Roberto DAVILA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant, Robert Davila, appeals his judgments and sentences entered by
the..., and DAUKSCH and ANTOON, JJ., concur. ------------ (FN1) Section 812.13(2)(a), Fla.Stat.
(1995). (FN2) Section 810.02(2)(a), Fla.Stat. (Supp.1996).
164-CITE: 576 So.2d 337 Mauricio RUBIO, Appellant, v. Lucile RUBIO, Appellee.
TEXT: SCHEB, Acting Chief Judge. The husband appeals an order finding him in civil contempt for
fa...n for payment *339 of the taxes due on these separate funds is hers. Rubio at 1096.
Accordingly, we reverse. DANAHY and THREADGILL, JJ., concur.
165-CITE: 697 So.2d 899 Melvin R. BAYER, et al., Appellants, v. Joseph L. BOLES, Sr., et al., Appellees.
TEXT: GRIFFIN, Chief Judge. This is the appeal of a non-final order of the lower tribunal
determin... contentions on appeal and, accordingly, affirm the order determining liability in favor
of the Boles. AFFIRMED. HARRIS and PETERSON, JJ., concur.
166-CITE: 510 So.2d 1006 Judith Marie HEPLER, Appellant, v. STATE of Florida, Appellee.
TEXT: HERSEY, Chief Judge. Judith M. Hepler appeals from a conviction of grand theft. We reverse.
... Finding error, we reverse and remand for a new trial or for other appropriate proceedings.
REVERSED and REMANDED. ANSTEAD and LETTS, JJ., concur.
167-CITE: 637 So.2d 70 SARASOTA WELFARE HOME, INC., Appellant, v. FLORIDA UNEMPLOYMENT APPEALS
COMMISSION and Leatha H. Bell, Appellees.
TEXT: FRANK, Chief Judge. Sarasota Welfare Home, Inc. (SWH), a health care agency, appeals from a
...ion, 503 So.2d 373 (Fla. 1st DCA 1987). Accordingly, we reverse the order of the Unemployment
Appeals Commission. PATTERSON and BLUE, JJ., concur.
168-CITE: 516 So.2d 970 ORKIN EXTERMINATING CO., Appellant, v. Tony A. MARTIN, Appellee.
TEXT: PER CURIAM. Orkin appeals a temporary injunction entered against a former employee pursuant
...on is reversed with directions to issue a temporary injunction prohibiting Martin from working in
the pest control business anywhere in Dade County.
169-CITE: 555 So.2d 436 Iris KRISCHER, Appellant, v. SCHOOL BOARD OF DADE COUNTY, Appellee.
TEXT: PER CURIAM. Appellant, Iris Krischer, appeals a final order of appellee, School Board of
Dad..., Inc, 423 So.2d 940 (Fla. 3d DCA 1982). Having found the other issue raised by appellant to
be without merit, the order appealed from is affirmed.
170-CITE: 618 So.2d 790 Marco A. CUSTODIO, Appellant, v. PALM TRUCK CENTERS, INC., and Florida
Unemployment Appeals Commission, Appellees.
TEXT: PER CURIAM. The appellant claimant s appeal of his denial of unemployment benefits was
dismi...d 769 (Fla. 3d DCA 1977); Polatnick v. Florida Dep t of Commerce, Div. of Employment Sec.,
349 So.2d 203 (Fla. 3d DCA 1977). Reversed and remanded.
171-CITE: 647 So.2d 283 Victoria M. SAENZ, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and
Electric Fuels Corporation, Appellees
TEXT: QUINCE, Judge. Victoria M. Saenz appeals an order of the Florida Unemployment Appeals
Commis...the referee. Accordingly, we reverse the order of the UAC and reinstate the decision of
the referee. CAMPBELL, A.C.J., and ALTENBERND, J., concur.
172-CITE: 657 So.2d 75 Artis FLOYD, Appellant, v. COOKER RESTAURANT CORPORATION, Appellee.
TEXT: PER CURIAM. We reverse and remand with instructions that the Judge of Compensation Claims
(J...le. There is no reason to believe the judge would think the claimant more truthful to some of
his doctors than he was as a witness. I would affirm.
173-CITE: 618 So.2d 363 Ofelia GOTTARDI, Appellant, v. JOAQUIN GENERAL DISTRIBUTORS, INC., and Florida
Unemployment Appeals Commission, Appellees.
TEXT: JORGENSON, Judge. Ofelia Gottardi appeals from a decision of the Unemployment Appeals
Commis...roved. ------------ (FN2) There is no evidence in the record that Gottardi was fired for
misconduct, and the employer has never taken that position.
174-CITE: 575 So.2d 730 Miguelina GARCIA, Appellant, v. AT & T COMMUNICATIONS, INC., and Florida
Unemployment Appeals Commission, Appellees.
TEXT: BARKDULL, Judge. Ms. Garcia, an employee for six years, and claimant, seeks review of an
ord...mant voluntarily left her employment without good cause attributable to her employer.
Therefore, the order appealed is hereby affirmed. Affirmed.
175-CITE: 454 So.2d 724 ORANGE-CO OF FLORIDA and Liberty Mutual Insurance Company, Appellants, v.
Antoinette WALDROP, Appellee.
TEXT: MILLS, Judge. Orange-Co of Florida and Liberty Mutual Insurance Company (E C) appeal from a
...y wage is reversed and the cause remanded for a determination of average weekly wage consistent
with this opinion. BOOTH and BARFIELD, JJ., concur.
176-CITE: 751 So.2d 1283 Cassondra A. DAVIS, Appellant, v. STATE RETIREMENT COMMISSION, Appellee.
TEXT: GRIFFIN, J. Cassondra Davis [ Davis ] appeals a final administrative order of the State
Reti... related, it was by no means conclusive. The weight of the evidence was for the fact-finder
to evaluate. AFFIRMED. COBB and PETERSON, JJ., concur.
177-CITE: 654 So.2d 1220 Eddie Lee MUNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. The appellant challenges his habitual felony offender sentence,
...1986); Brown v. State, 20 Fla.L.Weekly D540 (Fla. 3d DCA Mar. 1, 1995). Affirmed in part and
reversed in part. ALTENBERND and FULMER, JJ., concur.
178-CITE: 446 So.2d 1115 Phillip E. HARLOW, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Russell &
Axon, Appellees.
TEXT: ORFINGER, Chief Judge. With respect to appellant s claim for unemployment compensation
benef...er. The order of the Unemployment Appeals Commission denying such benefits is therefore
AFFIRMED. FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.
179-CITE: 436 So.2d 359 Daniel C. PERRI, General Partner of Andrew Christopher and Andrew Christopher,
Ltd., d b a Bogie s on the Beach, Appellants, v. Jeff BYRD, Will Nowling, Ronald Pilcher and Rick
Bowman, Appellees.
TEXT: ERVIN, Chief Judge. Appellant, Bogie s, seeks review of a jury verdict awarding $15,000 in
d...e is $2,100. Accordingly, the award of $15,000 damages is reversed and modified consistent with
this opinion. THOMPSON and WIGGINTON, JJ., concur.
180-CITE: 447 So.2d 955 SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,
Appellant, v. ARTISAN WOODCRAFTERS, INC., and American Mutual Insurance Company, Appellees.
TEXT: BARFIELD, Judge. The Special Disability Trust Fund (Fund) appeals the final order of the
dep... and because that foreseeable hindrance has now occurred by merger of the injuries to each
arm, I would affirm the deputy s order for reimbursement.
181-CITE: 650 So.2d 1057 Jose SANZ, Appellant, v. R.T. AEROSPACE CORPORATION, a Florida corporation,
Appellee.
TEXT: GREEN, Judge. This is an appeal from a nonfinal order granting a preliminary injunction
proh...(Fla. 3d DCA 1991). We conclude for all of the foregoing reasons that the order granting the
preliminary injunction was error. Reverse and remand.
182-CITE: 734 So.2d 515 Peter LARANGERA, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, J. In a prior appeal by this appellant we reversed an order revoking his probation,
a... New Jersey for purposes of employment did not constitute a violation. We therefore reverse the
order of revocation. POLEN and FARMER, JJ., concur.
183-CITE: 461 So.2d 247 LYKES BROTHERS, INC., & Hartford Insurance Group, Appellants, v. Evelyn D.
JACKSON, Appellee.
TEXT: WENTWORTH, Judge. Employer carrier seek review of a workers compensation order and assert
th... industrial injury and not based solely on factors other than physical limitation. The order
appealed is affirmed. MILLS and SHIVERS, JJ., concur.
184-CITE: 597 So.2d 801 Henry A. GRANT, and Computer Career Connections, Inc., Appellants, v. ROBERT
HALF INTERNATIONAL, INC., successor in interest to Robert Half of Florida, Inc., Appellee.
TEXT: PER CURIAM. Appellants, Henry A. Grant (Grant), and Computer Connections, Inc., appeal a
tem... not decide the ultimate outcome of the dispute pending before the trial court. See Tiffany
Sands, Inc. v. Mezhibovsky, 463 So.2d at 351. Affirmed.
185-CITE: 596 So.2d 1233 James BRYANT, Jr., Appellant, v. STATE of Florida BOARD OF REGENTS for and on
Behalf of the FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY, Appellee.
TEXT: PER CURIAM. James Bryant, Jr. appeals a summary judgment from the trial court wherein his
te...f the trial court is REVERSED and the case is REMANDED for further proceedings consistent with
this opinion. ERVIN, BARFIELD and KAHN, JJ., concur.
186-CITE: 472 So.2d 1349 UNIQUE CONSTRUCTION CO., INC., Appellant, v. STATE of Florida, DEPARTMENT OF
LABOR AND EMPLOYMENT SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION, Appellee.
TEXT: CAMPBELL, Judge. This is an appeal from an order of the Department of Labor and Employment
S... purposes of the Unemployment Compensation Law and, therefore, reverse the order and remand to
the Division. DANAHY, A.C.J., and FRANK, J., concur.
187-CITE: 579 So.2d 313 WINN DIXIE STORES, INC. and Crawford & Company, Appellants, v. Philip KING,
Appellee.
TEXT: NIMMONS, Judge. This is a workers compensation appeal from an order in which the Judge of
Co... the period from October 15, 1988 to April 29, 1989, except for any days the claimant was
hospitalized. AFFIRMED. BARFIELD and MINER, JJ., concur.
188-CITE: 729 So.2d 479 Kennedy A. POWNALL, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, and
Publix Supermarkets, Inc., Appellees.
TEXT: PER CURIAM. The claimant, Mr. Pownall, appeals a final order of the Unemployment Appeals
Com...re was such evidence, and the UAC s order is, therefore, affirmed. AFFIRMED. POLEN, SHAHOOD,
JJ., and OWEN, WILLIAM C., JR., Senior Judge, concur.
189-CITE: 528 So.2d 1291 The TRAVELERS INSURANCE COMPANY, Appellant, v. John Morgan NETTLES, and D.P.
Enterprises a k a David Petree Enterprises, Appellees.
TEXT: ERVIN, Judge. The dispute in this workers compensation appeal centers around whether the
wor...mant in its employment, and that he remained in such employment at the time of the
work-related injury. AFFIRMED. JOANOS and NIMMONS, JJ., concur.
190-CITE: 631 So.2d 335 Theresa L. COELHO, Appellant, v. Peter V. BALASKY, et al., Appellees.
TEXT: PER CURIAM. Theresa Coelho was an employee of Wang Labs for almost ten years. At the time
of...r unemployment benefits without any reduction in benefits due to Coelho s voluntary termination
of her part-time employment. Reversed and remanded.
191-CITE: 601 So.2d 1316 C. Kelly MARTIN, Appellant, v. GOLDEN CORRAL CORPORATION, a North Carolina
corporation registered to do business in the State of Florida, Appellee.
TEXT: PARKER, Judge. C. Kelly Martin appeals a final summary judgment. We reverse the final
summar... Accordingly, we reverse the summary judgment and remand for proceedings consistent with
this opinion. DANAHY, A.C.J., and ALTENBERND, J., concur.
192-CITE: 694 So.2d 143 CITY of Kissimmee and Willis Corroon Administrative Services, Appellants, v.
Ricardo DICKSON, Appellee.
TEXT: PER CURIAM. The City of Kissimmee and Willis Corroon Administrative Services, the employer
a...ut of and in the course and scope of his employment. Accordingly, the order on appeal is
REVERSED. BARFIELD, C.J., and KAHN and DAVIS, JJ., concur.
193-CITE: 629 So.2d 301 CAREY McANALLY AND COMPANY, INC., Appellant, v. Margaret S. WOODRING and Florida
Unemployment Appeals Commission, Appellees.
TEXT: PARKER, Judge. Carey McAnally and Company, Inc., appeals the order of the Florida
Unemployme...he Commission and direct that the Commission reinstate the decision of the referee.
Reversed and remanded. CAMPBELL, A.C.J., and HALL, J., concur.
194-CITE: 430 So.2d 953 CERTIFIED GROCERS and Corporate Group Service, Inc., Appellants, v. Ronald OPEL,
Appellee.
TEXT: MILLS, Judge. The employer carrier in this workers compensation case seeks review of the
dep...ders Opel s entitlement to TTD benefits for the period from March 1981 through July 1981.
REVERSED and REMANDED. JOANOS and THOMPSON, JJ., concur.
195-CITE: 644 So.2d 548 M & M AIRCRAFT SERVICES, INC., and SMS Holding Corp., Appellants Petitioners, v.
J.D. VALENCIANA DE AVIACION, INC., Appellee Respondent.
TEXT: PER CURIAM. As the substance of the order under review is an order setting aside a default
(...oward Employment & Training Admin., 422 So.2d at 1101; Yates, 379 So.2d at 1334; Praet, 367
So.2d at 658 n. 1. Appeal dismissed; certiorari denied.
196-CITE: 444 So.2d 527 DAVE S OYSTER BAR and Florida Farm Bureau Insurance, Appellants, v. Carol Louise
DICKS, Appellee.
TEXT: MILLS, Judge. This is a workers compensation case in which the employer and carrier (E C)
ap...ollowing September 1982 is reversed. Affirmed in part, reversed in part. WENTWORTH, J., and
McCORD, GUYTE P., Jr. (Ret.), Associate Judge, concur.
197-CITE: 509 So.2d 382 EVAC AMBULANCE, etc., Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et al.,
Appellees.
TEXT: UPCHURCH, Chief Judge. The employer, EVAC Ambulance, appeals from a judgment awarding
unempl...eferee and the commission erroneously concluded that the paramedic was entitled to
unemployment benefits. REVERSED. SHARP and COWART, JJ., concur.
198-CITE: 724 So.2d 1222 Caroline GILBERT, Appellant, v. PUBLIX SUPERMARKETS and Care Administrators
Services, Appellees.
TEXT: PER CURIAM. Caroline Gilbert, the claimant and a former assistant manager for the
employer-a...So.2d --, 1998 WL 821772, 23 *1223 Fla.L.Weekly D2521 (Fla. 1st DCA, November 12,
1998). AFFIRMED. BENTON, VAN NORTWICK and PADOVANO, JJ., CONCUR.
199-CITE: 496 So.2d 957 DORAL COUNTRY CLUB and Professional Administrators, Inc., Appellants, v. Luis
GONZALEZ, Appellee.
TEXT: PER CURIAM. This is an appeal of a workers compensation order awarding claimant temporary
pa... in question, and find no error with respect to the other issues raised by appellant.
Affirmed. BOOTH, C.J., and MILLS and WENTWORTH, JJ., concur.
200-CITE: 710 So.2d 197 Thomas G. COMERFORD, Appellant, v. SUNSHINE NETWORK, etc., et al., Appellees.
TEXT: PER CURIAM. Thomas G. Comerford [ Comerford ] filed an action below to recover commissions
h...imately be appropriate in this case, but it is premature at this time. REVERSED and REMANDED.
GRIFFIN, C.J., and W. SHARP and HARRIS, JJ., concur.
201-CITE: 458 So.2d 1134 OSCEOLA COUNTY COMMISSIONERS and U.S. Fidelity & Guaranty Company, Appellants,
v. Dea B. HAND, Appellee.
TEXT: MILLS, Judge. In this workers compensation action, the employer carrier appeal from an
order...y s fees to the claimant must also be reversed. We need not reach the other issues raised on
appeal. REVERSED. SHIVERS and WIGGINTON, JJ., concur.
202-CITE: 495 So.2d 923 BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., Appellant, v. Ronald VAN EVERY,
Appellee.
TEXT: DELL, Judge. Appellant Blue Cross Blue Shield entered into a major medical insurance
contrac... cause to the trial court with instructions to enter judgment in favor of appellant.
REVERSED and REMANDED. HERSEY, C.J., and GUNTHER, J., concur.
203-CITE: 567 So.2d 522 Agustin GARCIA, M.D., Appellant, v. ABBEY FOUNDATION, INC., d b a Abbey Hospital
and Medical Center, Appellee.
TEXT: PER CURIAM. The appellant, Agustin Garcia, M.D., was appointed chief of anesthesiology of
Ab...arlier, which was dismissed with the right to refile. The trial court had denied Abbey
Foundation s motion for summary judgment in the prior action.
204-CITE: 430 So.2d 501 CITY OF HIGH SPRINGS, Appellant, v. STATE of Florida, DEPARTMENT OF LABOR &
EMPLOYMENT SECURITY, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of an agency order whereby appellant s protest of
a...n receipt of a reimbursement invoice appellant would have an opportunity to protest at that time
if they [sic] believed benefits were paid in error.
205-CITE: 540 So.2d 253 Harry S. CASKEY, Appellant, v. Brenda S. PRATT, f k a Brenda S. Caskey,
Appellee.
TEXT: PER CURIAM. We affirm as to all issues except the award of child support. Section
61.30(2)(b...on of such income on remand. Reversed and remanded for further proceedings consistent
with this opinion. ANSTEAD, GUNTHER and WARNER, JJ., concur.
206-CITE: 450 So.2d 928 Joseph A. SOLLECITO, Appellant, v. HOLLYWOOD LINCOLN MERCURY, INC., and
Unemployment Appeals Commission, Appellees.
TEXT: GLICKSTEIN, Judge. This is an appeal by a claimant from an adverse final order entered by
th...igning. The appeals referee was correct in his conclusions of both law and fact as was the
commission in affirming. HERSEY and WALDEN, JJ., concur.
207-CITE: 692 So.2d 945 Sandra L. ANDINO, Appellant, v. LANTANA PARTNERS, LTD. and Florida Unemployment
Appeals Commission, Appellees.
TEXT: FRANK, Judge. Sandra L. Andino worked at Hill Haven Rehabilitation Center, a nursing home
op...e Stahl v. Florida Unemployment Appeals Comm n, 502 So.2d 78 (Fla. 3d DCA 1987). Reversed and
remanded. DANAHY, A.C.J., and NORTHCUTT, J., concur.
208-CITE: 513 So.2d 125 THE FLORIDA BAR, Complainant, v. Bailey M. WELDEN, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before the Court for consideration of a referee
... GRIMES and KOGAN, JJ., concur. ------------ (FN*) Disciplinary Rules cited are found in the
former Florida Bar Code of Professional Responsibility.
209-CITE: 436 So.2d 222 Eddie W. HIGGINS, Appellant, v. TRIGIL REPAIR, INC., and Risk Management
Services, Inc., Appellees.
TEXT: ZEHMER, Judge. This appeal by the claimant questions when a misrepresentation on the
claiman...cal condition from the first back injury and his second back injury. Reversed and
remanded. ROBERT P. SMITH, Jr., C.J., and WENTWORTH, J., concur.
210-CITE: 604 So.2d 1274 Tammy G. WILSON, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and
Williams Island, a private club limited, Appellees.
TEXT: PER CURIAM. We reverse the commission s order overturning the referee s decision to grant
un...063 (Fla. 4th DCA 1987); Lovett v. Florida Unemployment Appeals Comm n., 547 So.2d 1253 (Fla.
1st DCA 1989). DOWNEY, STONE and FARMER, JJ., concur.
211-CITE: 592 So.2d 1255 Dawn KEAYS, Appellant, v. The STATE OF FLORIDA UNEMPLOYMENT APPEALS COMMISSION,
and Springlock Scaffolding, Incorporated, Appellees.
TEXT: FRANK, Acting Chief Judge. Dawn Keays has appealed from a decision of the Florida
Unemployme... reinstate Keays unemployment compensation benefits arising out of her termination from
Springlock Scaffolding. THREADGILL and PARKER, JJ., concur.
212-CITE: 725 So.2d 418 C. Belle MORROW, Appellant, v. ALERT NON-EMERGENCY TRANSPORT and Florida
Unemployment Appeals Commission, Appellees.
TEXT: PER CURIAM. C. Belle Morrow appeals the denial of her claim for unemployment benefits. The
a...1); Howlett v. South Broward Hosp. Tax Dist., 451 So.2d 976 (Fla. 4th DCA 1984). Affirmed.
CAMPBELL, A.C.J., and FULMER and SALCINES, JJ., Concur.
213-CITE: 650 So.2d 112 Andrea MARMUREK, Appellant, v. SUNDOWN VITAMINS and Chubb Insurance Group,
Appellees.
TEXT: WEBSTER, Judge. In this workers compensation case, claimant seeks review of an order
denying...judge of compensation claims shall then revisit the issue of compensability. REVERSED and
REMANDED, with directions. MINER and DAVIS, JJ., concur.
214-CITE: 609 So.2d 168 Robert E. FISHER, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. Robert E. Fisher appeals two conditions of probation and a conviction for RICO
...e trial court to strike condition sixteen or to modify this condition in conformance with this
opinion. THREADGILL, A.C.J., and PARKER, J., concur.
215-CITE: 710 So.2d 998 ORANGE COUNTY MIS DEPARTMENT and Johns Eastern Company, Inc., Appellants, v.
Margaret L. HAK, Appellee.
TEXT: VAN NORTWICK, Judge. In this workers compensation case, Orange County MIS Department and
Joh...their ordinary meaning unless otherwise defined in the statute at issue. See Citizens of the
State v. Public Serv. Comm n, 425 So.2d 534 (Fla.1982).
216-CITE: 509 So.2d 958 Shirley ARNOLD, Appellant, v. BURGER QUEEN SYSTEMS, INC., Appellee.
TEXT: CAMPBELL, Judge. Appellant appeals the order of the Florida Commission on Human Relations
th...e hearing officer and the commission and under our standard of review, we are required to
affirm. SCHEB, A.C.J., concurs. SANDERLIN, J., dissents.
217-CITE: 667 So.2d 447 PUTNAM COUNTY SCHOOL BOARD and Gallagher Bassett Services, Appellants, v. Ruby
DEBOSE, Appellee.
TEXT: DAVIS, Judge. Putnam County School Board and Gallagher Bassett Services appeal an order of
t...rth in section 440.02(15)(b)2., Florida Statutes (1993). Accordingly, the order on appeal is
REVERSED. ALLEN, J., and SMITH, Senior Judge, concur.
218-CITE: 530 So.2d 497 CORNELL COMPUTER CORP., Appellant, v. Nina DAMION, Appellee.
TEXT: JORGENSON, Judge. Cornell Computer Corp. brings consolidated appeals from a final judgment
g...unpaid wages. Section 448.08, Fla.Stat. (1987). We, therefore, also affirm the agreed final
judgment for attorney s fees and court costs. AFFIRMED.
219-CITE: 666 So.2d 1054 Eduardo MONTADAS, Appellant, v. DADE SCRAP IRON AND METAL, INC., Appellee.
TEXT: PER CURIAM. Eduardo Montadas, a pizza deliveryman, appeals an adverse final summary
judgment... scope of employment is an issue of law where there is no fact conflict). The entry of
summary judgment was therefore error. Reversed and remanded.
220-CITE: 447 So.2d 393 FAIRCHILD INDUSTRIES, INC., & Fireman s Fund Ins. Co., Appellants, v. George
SIEVERS, Appellee.
TEXT: WENTWORTH, Judge. Employer carrier seek review of a workers compensation order by which
clai...arms Inc. v. Scott, 408 So.2d 841 (Fla. 1st DCA 1982). The order appealed is affirmed.
MILLS, J., and McCORD, JR. (Ret.), Associate Judge, concur.
221-CITE: 440 So.2d 460 SPECIAL DISABILITY TRUST FUND, Appellant, v. Foster WHEELER and Claims
Management Services, Appellees.
TEXT: ROBERT P. SMITH, Jr., Judge. We affirm the deputy s order finding that the employer is
entit...egislative purpose in requiring employer knowledge as a condition to reimbursement. Sec.
440.49(2)(a). AFFIRMED. BOOTH and WIGGINTON, JJ., concur.
222-CITE: 534 So.2d 417 Clebert LOUIS, Appellant, v. LOUIS S AMOCO, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal of a final order finding, in pertinent part,
t...fer an on-the-job injury. REVERSED and REMANDED for further proceedings in accordance with this
opinion. BOOTH, SHIVERS and THOMPSON, JJ., concur.
223-CITE: 736 So.2d 25 AERO KOOL CORPORATION, Appellant, v. Gilbert OOSTHUIZEN, Appellee.
TEXT: PER CURIAM. Aero Kool Corporation appeals from the lower court s non-final order denying
its...cialized training. We reverse the trial courts denial of temporary injunctive *27 relief and
remand with directions to issue a temporary injunction.
224-CITE: 676 So.2d 487 Don T. KOZICH, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Debrino
Caulking & Waterproofing, Inc., Appellees.
TEXT: PER CURIAM. Affirmed. There is record support for the hearing officer s finding that, at
the...at issue or litigated in that case. See Stevens v. Len-Hal Realty, Inc., 403 So.2d 507 (Fla.
4th DCA 1981). DELL, STONE and STEVENSON, JJ., concur.
225-CITE: 461 So.2d 209 John DE FELICE, Appellant, v. MOSS MANUFACTURING, INC., Appellee.
TEXT: PER CURIAM. The summary judgment entered in favor of Moss Manufacturing, Inc. on its
counter...ies. Accordingly, DeFelice s claim for the bonus amount is remanded to the trial court for
further proceedings. Affirmed in part; reversed in part.
226-CITE: 570 So.2d 1059 PALM BEACH COUNTY SHERIFF S OFFICE and Sedgwick James of Florida, Inc.,
Appellants, v. John C. GINN, Appellee.
TEXT: ALLEN, Judge. The employer carrier bring this appeal from an order finding the claimant s
ac...his cause is remanded to the judge of compensation claims for entry of an order in accordance
with this opinion. WENTWORTH and JOANOS, JJ., concur.
227-CITE: 670 So.2d 151 BOYNTON LANDSCAPE and Liberty Mutual, Appellants, v. James DICKINSON, Appellee.
TEXT: DAVIS, Judge. Boynton Landscape and Liberty Mutual Insurance Company (employer and carrier
r...ew denied mem., 567 So.2d 434 (Fla.1990). Accordingly, the order of the JCC is affirmed in part
and reversed in part. ALLEN and KAHN, JJ., concur.
228-CITE: 498 So.2d 1321 AMERICAN LEGION POST # 30 and Ina Aetna, Appellants, v. James GAILEY, Appellee.
TEXT: MILLS, Judge. This is an appeal from a workers compensation order finding compensability
and...his issue, we do not feel it is necessary to discuss the remaining points urged by the
employer. Reversed. BOOTH, C.J., and WENTWORTH, J., concur.
229-CITE: 664 So.2d 1107 ROYAL CARIBBEAN CRUISES, LTD., Appellant, v. UNIVERSAL EMPLOYMENT AGENCY,
Appellee.
TEXT: SCHWARTZ, Chief Judge. This is an appeal from an order denying the defendant s motion to
com...remanded to stay the proceedings below pending arbitration of the issues raised by the
appellee s complaint. Reversed and remanded with directions.
230-CITE: 734 So.2d 1077 Iris J. CARO, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: VAN NORTWICK, J. Iris J. Caro appeals the denial of her petition for unemployment
compensati...09 So.2d 642 (Fla. 2d DCA 1998). Accordingly, the cause is REVERSED and REMANDED for
entry of an award of benefits. BOOTH and BENTON, JJ., CONCUR.
231-CITE: 602 So.2d 638 J. BYRONS and Liberty Mutual Insurance Co., Appellants Cross-Appellees, v.
Cynthia GREEN, Appellee Cross-Appellant.
TEXT: PER CURIAM. This cause is before us on appeal from an order awarding attendant care
benefits... part-time employment. Accordingly the order is reversed and remanded for proceedings
consistent herewith. BOOTH, BARFIELD and ALLEN, JJ., concur.
232-CITE: 686 So.2d 649 Dolores M. BERGER, Appellant, v. The ASOLO CENTER FOR THE PERFORMING ARTS, INC.,
and Florida Unemployment Appeals Commission, Appellees.
TEXT: DANAHY, Acting Chief Judge. The appellant argues that the appellee wrongfully disqualified
h...terminated. We do not think this distinction calls for any different result. Affirmed in part
and reversed in part. BLUE and LAZZARA, JJ., concur.
233-CITE: 464 So.2d 1329 Ralph STONE, Appellant, v. BERNADORA FARM and Florida Farm Bureau, Appellees.
TEXT: JOANOS, Judge. This is an appeal from a workers compensation order denying temporary total
o...ine how he arrived at his conclusion. Reversed and remanded for further proceedings consistent
with this opinion. MILLS and BARFIELD, JJ., concur.
234-CITE: 531 So.2d 400 Mike IAMAIO, Appellant, v. Harold L. KITE, Burger Queen Systems, Inc., a Florida
corporation, and Kreem Cup, Inc., a Florida corporation, Appellees.
TEXT: LEHAN, Judge. Plaintiff appeals a final judgment on the pleadings finding that his action
wa...t with that case, they have been overruled. Reversed and remanded for proceedings consistent
herewith. DANAHY, A.C.J., and THREADGILL, J., concur.
235-CITE: 554 So.2d 647 Leroy TURNER, Appellant, v. RINKER MATERIAL CORP. and Liberty Mutual Insurance
Co., Appellees.
TEXT: JOANOS, Judge. Leroy Turner has appealed from an order of the Judge of Compensation Claims
f...iary findings presented. We therefore reverse and remand for further proceedings consistent with
this opinion. WENTWORTH and THOMPSON, JJ., concur.
236-CITE: 622 So.2d 109 Nancy BRAITHWAITE, Appellant, v. DEPARTMENT OF TRANSPORTATION and Crawford &
Company, Appellees.
TEXT: WOLF, Judge. Nancy Braithwaite, claimant, challenges a final order of the judge of
compensat...ay 1, 1988, and May 27, 1991, and remand for further proceedings concerning claimant s
entitlement to said benefits. SMITH and MICKLE, JJ., concur.
237-CITE: 639 So.2d 703 Marie J. BLIND, Appellant, v. IT S A BIT FISHY, INC. and Executive Risk
Consultants, Inc., Appellees.
TEXT: PER CURIAM. Claimant Marie Blind (Blind) appeals an order from the Judge of Compensation
Cla...a Statutes (1991), as neither party below contended that Blind was a part-time worker or had
adopted part-time employment as her customary practice.
238-CITE: 610 So.2d 88 Joseph GILREATH, Appellant, v. CHARLOTTE COUNTY BOARD OF COUNTY COMMISSIONERS and
Executive Risk Consultants, Appellees.
TEXT: PER CURIAM. This cause is before us on appeal from an order of the judge of compensation
cla...sation Act. The order below is reversed, and this cause is remanded for proceedings
consistent herewith. BOOTH, SHIVERS, and WEBSTER, JJ., concur.
239-CITE: 561 So.2d 1289 Marlin MYERS, Appellant, v. DEPARTMENT OF INSURANCE, Appellee.
TEXT: PER CURIAM. Appellant challenges the denial of his petition for a hearing under section
120....ccordingly, the cause is REVERSED and REMANDED for further proceedings consistent with the
above opinion. SMITH, WENTWORTH and JOANOS, JJ., concur.
240-CITE: 504 So.2d 499 Vernon TERHUNE, Appellant, v. NORTH BROTHERS COMPANY and Underwriters Adjusting
Company, Appellees.
TEXT: ERVIN, Judge. The claimant appeals the order of the deputy commissioner (dc) denying
tempora...ployed by other employers, but was earning less than his pre-injury wages. REVERSED and
REMANDED with directions. SHIVERS and ZEHMER, JJ., concur.
241-CITE: 652 So.2d 927 Chrystle LITTLE, Appellant, v. DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,
Appellee.
TEXT: ALLEN, Judge. The appellant challenges an order of the Public Employees Relations
Commission...(2)(a) was subsequently transferred to 60K-4.010(2)(a), Florida Administrative Code,
and has since been amended to omit the evidentiary presumption.
242-CITE: 499 So.2d 68 Robert T. McCONNELL, Appellant, v. EASTERN AIR LINES, INC., Appellee.
TEXT: PER CURIAM. This is an appeal from a final order dismissing a three-count complaint seeking
...onton v. Scarfone, 468 So.2d 1009, 1011 (Fla. 2d DCA 1985); Dowling v. Blue Cross of Florida,
Inc., 338 So.2d 88, 89 (Fla. 1st DCA 1976). Affirmed.
243-CITE: 442 So.2d 321 Michael J. MAGUIRE, Appellant, v. AMERICAN FAMILY LIFE ASSURANCE COMPANY OF
COLUMBUS, GEORGIA, a subsidiary of American Family Corporation, Appellee.
TEXT: HENDRY, Judge. Michael Maguire, plaintiff below, appeals from a directed verdict entered in
...es have on the contract (i.e. whether a binding contract of employment may be fashioned out of
written personnel policies and oral representations).
244-CITE: 496 So.2d 958 A-1 KING SIZE SANDWICH CO. and Transamerica Insurance Group, Appellants, v.
James McRAE, Appellee.
TEXT: MILLS, Judge. A-1 King Size Sandwich Co. and Transamerica Insurance Group (E C) appeal from
...tent was not clearly demonstrated, the presumption of continuation of general employment stands.
Affirmed. BOOTH, C.J., and WENTWORTH, J., concur.
245-CITE: 473 So.2d 32 VANTAGE POINTE and State Farm Fire & Casualty Co., Appellants, v. David SOWERS,
Appellee.
TEXT: WENTWORTH, Judge. Employer carrier appeals a workers compensation order awarding partial
wag... ruling as to earlier months should control this appeal. The order is therefore reversed and
the claim dismissed. NIMMONS and ZEHMER, JJ., concur.
246-CITE: 500 So.2d 1372 Emory R. MESSER, etc., Appellant, v. DEPARTMENT OF LABOR & EMPLOYMENT SECURITY,
Appellee.
TEXT: COBB, Judge. This is an appeal from an order of the Unemployment Compensation Division of
th...nt contractors, rather than employees as found by the Commission. Accordingly, the Commission s
order is REVERSED. DAUKSCH and SHARP, JJ., concur.
247-CITE: 490 So.2d 1350 SUGAR CANE GROWERS CO-OP OF FLORIDA and Adjustco, Inc., Appellants, v. Mark E.
SUTTERFIELD, Appellee.
TEXT: JOANOS, Judge. The employer and carrier in this workers compensation case appeal an order
aw...the deputy commissioner s order is affirmed. Reversed and remanded for proceedings consistent
with this opinion. SMITH and WIGGINTON, JJ., concur.
248-CITE: 705 So.2d 1044 Gonzalo VELILLA, Appellant, v. WILLIAMS ISLAND, a Private Club, Ltd., and The
Florida Unemployment Appeals Commission, Appellees.
TEXT: SCHWARTZ, Chief Judge. Velilla left his employment as a restaurant busser after a
conversati...ty Sch. Bd. v. Washington, 567 So.2d 420 (Fla.1990). Accordingly the order below is
reversed with directions to grant him those benefits. Reversed.
249-CITE: 513 So.2d 215 Katadrew C. HANNON, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES and Unemployment Appeals Commission, Appellees.
TEXT: ZEHMER, Judge. Appellant, Katadrew Hannon, a former employee of the Department of Health
and...for entry of an order granting appellant s application for benefits. REVERSED. SHIVERS, J.,
and PEARSON, TILLMAN (Ret d), Associate Judge, concur.
250-CITE: 513 So.2d 242 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS FINANCE OFFICE, Appellant, v.
Juan P. LORETO, Jr., and Unemployment Appeals Commission of the Department of Labor and Employment
Security, Appellees.
TEXT: STONE, Judge. This is an appeal from an order of the Unemployment Appeals Commission
grantin...rder of the Unemployment Appeals Commission requiring payment of benefits is reversed.
GUNTHER, J., and WEBSTER, PETER D., Associate Judge, concur.
251-CITE: 662 So.2d 1355 James E. PUGH, Appellant, v. REGAL DEVELOPMENT CORPORATION and Florida
Unemployment Appeals Commission, Appellees.
TEXT: PER CURIAM. Appellant challenges the Unemployment Appeals Commission s order denying him
une...SED. We REMAND with directions that appellant s unemployment compensation benefits be
reinstated. ZEHMER, C.J., and BARFIELD and KAHN, JJ., concur.
252-CITE: 751 So.2d 645 GOLD COAST MEDIA, INC., Appellant, v. Barry MELTZER, Appellee.
TEXT: NESBITT, J. An employer appeals the summary judgment entered in employee s favor,
concluding...he case of both involuntary and voluntary terminations. Accordingly, we reverse the
order under review and we order judgment in Gold Coast s favor.
253-CITE: 485 So.2d 857 Lizzie M. JOHNS, APPELLANT v. STATE of Florida, DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, APPELLEE
TEXT: NIMMONS, Judge. Lizzie M. Johns, plaintiff in a negligence action against the appellee
defen...entered the premises, the going and coming rule is inapplicable. Doctor s Business Service
v. Clark, 11 F.L.W. 366 (Fla. 1st DCA, February 6, 1986).
254-CITE: 571 So.2d 59 GCC BEVERAGES and Liberty Mutual Insurance Company, Appellants, v. John F.
SIMMONS and Dania F. Carillo, Director, State of Florida, Department of Labor and Employment
Security, Div. of Workers Compensation, Appellees.
TEXT: WENTWORTH, Judge. Employer carrier appeal a workers compensation order by which claimant
was...e effective date of the amendment. Cf., Sullivan v. Mayo, 121 So.2d 424 (Fla.1960). The order
appealed is affirmed. JOANOS and ALLEN, JJ., concur.
255-CITE: 476 So.2d 1309 PRISON REHABILITATION INDUSTRIES AND DIVERSIFIED ENTERPRISES, Appellant, v.
STATE of Florida, UNEMPLOYMENT APPEALS COMMISSION and Robert Mathy, Appellees.
TEXT: GRIMES, Acting Chief Judge. This is an appeal from an award of unemployment compensation.
A...ail sentence constituted misconduct per se for purposes of section 443.101(1)(a), Florida
Statutes (1981)). Reversed. SCHEB and HALL, JJ., concur.
256-CITE: 446 So.2d 134 A.G. EDWARDS & SONS, INC., a Delaware corporation doing business in Florida,
Petitioner, v. Scott B. BING and Mary Ellen Bing, his wife, Albert P. McGarity, Linda G. Zingle,
David W. Thompson and Kathryn D. Thompson, his wife, Respondents.
TEXT: HERSEY, Judge. The parties (except two) entered into agreements containing arbitration
claus...d to arbitration. See Raymond, James & Assoc., Inc. v. Maves, 384 So.2d 716 (Fla. 2d DCA
1980). CERTIORARI GRANTED. LETTS and HURLEY, JJ., concur.
257-CITE: 687 So.2d 61 LOVIN MOOD, INC., Appellant, v. Doreen BUSH and James Bush, Appellees.
TEXT: PER CURIAM. Lovin Mood, Inc., appeals an amended nonfinal order denying its motion for
summa...ovided thereby. We REVERSE and REMAND with directions for the trial court to enter judgment
for Lovin Mood. BOOTH, WOLF and PADOVANO, JJ., concur.
258-CITE: 520 So.2d 600 Frank GOMEZ and CNA Insurance Company, Appellants, v. Elizabeth MURDOCH,
Appellee.
TEXT: SMITH, Chief Judge. Appellant, employer carrier (e c), seeks review of a workers
compensatio...at claimant was concurrently employed when injured for the purpose of calculating her
average weekly wage. AFFIRMED. MILLS and ERVIN, JJ., concur.
259-CITE: 529 So.2d 778 NEW HAMPSHIRE INSURANCE COMPANY, INC., Appellant, v. FLORIDA ORTHOPEDICS, INC.,
a k a Fla. Orthopedics, Inc., Gerson Greenbarg, a k a Gus Greenbarg, Eric Kalik, Appellees.
TEXT: PER CURIAM. We reverse a summary judgment holding the New Hampshire Insurance Company
liable...Mutual Fire Insurance Co., 470 So.2d 810 (Fla. 1st DCA 1985). See also Butler v. Michigan
Mutual Insurance Co., 402 So.2d 949 (Ala.1981). Reversed.
260-CITE: 475 So.2d 1288 Charles GRAY, Appellant, v. EASTERN AIRLINES, INC., & Travelers Ins. Co.,
Appellees.
TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which he was
deni...ndirectly, if not directly, benefit the employer; that such acts, therefore, are not in fact
deviations from the course of employment. Id. at 272.
261-CITE: 449 So.2d 984 John GRADY, Appellant, v. HUMANA, INC., d b a Greater Orange Park Community
Hospital, Inc., Appellee.
TEXT: ZEHMER, Judge. John Grady, the plaintiff below, appeals an order granting summary judgment
f...Humana s contention that the court below should have decided this issue as a matter of law.
REVERSED and REMANDED. MILLS and SHIVERS, JJ., concur.
262-CITE: 573 So.2d 183 Robert WISHART, II, Appellant, v. LAIDLAW TREE SERVICE, INC., a foreign
corporation, Appellee.
TEXT: PER CURIAM. The appellant (the employee) was injured while on his unpaid one-half hour
lunch...erse and remand for further proceedings in accordance with this opinion. Reversed and
remanded. DANAHY, A.C.J., and FRANK and PARKER, JJ., concur.
263-CITE: 677 So.2d 78 CYN-CO, INC., d b a Mr. First Aid Life & Safety Service Company, Appellant, v.
Jan LANCTO and Armchem International Corporation, Appellees.
TEXT: PARKER, Acting Chief Judge. Cyn-co, Inc., d b a Mr. First Aid Life and Safety Service
Compan...A and QUINCE, JJ., concur. ------------ (FN1) Cyn-co concedes in its brief that it is not
contesting the dismissal of its complaint against Armchem.
264-CITE: 445 So.2d 414 Kenneth LEMOINE, Appellant, v. FLANIGAN S ENTERPRISES, INC., d b a Big Daddy s,
Appellee.
TEXT: COCALIS, PATRICIA W., Associate Judge. Plaintiff appeals from a summary judgment in favor
of...not yet ruled on these issues. The matter is thus remanded for further proceedings. REVERSED
AND REMANDED. ANSTEAD, C.J., a