Phrase search :housing
Results 1-723
1-CITE: 471 So.2d 215 The HOUSING AUTHORITY OF the CITY OF WEST PALM BEACH, Florida, Appellant Cross
Appellee, v. Erskine HEPBURN, Appellee Cross Appellant. Erskine HEPBURN, Appellant, v. The HOUSING
AUTHORITY OF the CITY OF WEST PALM BEACH, Florida, Appellee.
TEXT: PER CURIAM. Reversed and remanded for entry of judgment in favor of the Housing Authority.
W...ousing Authority that it offered Hepburn some $1300.00 for this claim at the time he left
employment but that he refused, claiming he was owed more.
2-CITE: 443 So.2d 296 Alan GREENSTEIN and Cindy Greenstein, Appellants, v. GREENBROOK, LTD., Jack A.
Winston, Ira Grabow, Florida Housing Capital Corporation and Housing Capital Corporation, Appellees.
TEXT: SCHWARTZ, Chief Judge. The Greensteins suit for specific performance against the seller,
Gre... So.2d 389 (Fla. 3d DCA 1979), the dismissal of the complaint against them is reversed for
further proceedings. Affirmed in part, reversed in part.
3-CITE: 471 So.2d 143 SUNSET DEVELOPMENT AND CONSTRUCTION, INC., Appellant, v. The FLORIDA HOUSING
FINANCE AGENCY, Appellee.
TEXT: MILLS, Judge. Sunset Development and Construction, Inc. (Sunset) appeals from a final order
...iteria. We agree with these conclusions. We have considered Sunset s arguments an find them
meritless. AFFIRMED. SMITH and THOMPSON, JJ., concur.
4-CITE: 448 So.2d 1236 Lida C. NEWMAN, Appellant, v. AREA HOUSING COMMISSION, American Liberty
Insurance Company, and Escambia County, Florida, Appellees.
TEXT: MILLS, Judge. Newman filed suit against the defendants for personal injuries which she
susta...the defendants. We affirm the final judgment on authority of Schoen v. Gilbert, 436 So.2d 75
(Fla.1983). AFFIRMED. SMITH and NIMMONS, JJ., concur.
5-CITE: 508 So.2d 528 ROYAL AMERICAN DEVELOPMENT, INC., a Florida corporation, Appellant, v. CITY OF
JACKSONVILLE, Florida, a municipal corporation, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order by which judgment was entered for the
C...enditures. The order appealed is reversed and the cause remanded for further proceedings
consistent herewith. BOOTH, C.J., and ZEHMER, J., concur.
6-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.
7-CITE: 636 So.2d 598 Michael BOYIAN, Individually and as Trustee for Brooke Chastain, a Minor,
Appellant, v. GULFSTREAM HOUSING CORPORATION, f k a Belaire Homes, Inc. and Ryan Homes, Inc.,
Appellees.
TEXT: PER CURIAM. AFFIRMED. See Jackson v. Pike, 87 So.2d 410 (Fla.1956). W. SHARP, GOSHORN and
D... DIAMANTIS, JJ., concur. TEXT: PER CURIAM. AFFIRMED. See Jackson v. Pike, 87 So.2d 410
(Fla.1956). W. SHARP, GOSHORN and DIAMANTIS, JJ., concur.
8-CITE: 687 So.2d 296 WESTWOOD COMMUNITY TWO ASSOCIATION, INC., etc., Appellant, v. John L. LEWIS and
Peter C. Martin, Appellees.
TEXT: PER CURIAM. Appellant, a homeowner s association, appeals from an adverse summary judgment
i...o did not address the validity or enforceability of a by-law enacted prior to the date after
which the declaration of restrictions could be amended.
9-CITE: 530 So.2d 289 STATE of Florida, Appellant, v. DIVISION OF BOND FINANCE, Appellee.
TEXT: PER CURIAM. The state appeals a trial court s validation of up to $300,000,000 in housing
re... validating this revenue housing bond issue. It is so ordered. EHRLICH, C.J., and OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
10-CITE: 590 So.2d 532 Bernice Marie TUCKER and Foy C. Wise, Appellants, v. Oree SANSOM, Appellee.
TEXT: PER CURIAM. Appellee, as grantor, joined by his wife, executed a deed to their marital home
...uce it to the sum of $1,103.66 plus $1,478.80 for a total of $2,582.46. AFFIRMED AS MODIFIED.
GOSHORN, C.J., and COWART and PETERSON, JJ., concur.
11-CITE: 503 So.2d 893 Craig R. WILSON, etc., Appellant, v. PALM BEACH COUNTY HOUSING AUTHORITY, etc.,
Appellee.
TEXT: OVERTON, Justice. This is a direct appeal from a final judgment validating revenue bonds of
...rm the trial court s validation of the revenue bonds. It is so ordered. McDONALD, C.J., and
EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
12-CITE: 646 So.2d 846 CED CAPITAL HOLDINGS, III, Ltd., as General Partner of Woodberry Woods Partners,
Limited Partnership, Appellant, v. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, Florida Housing Finance
Agency, Appellee.
TEXT: PER CURIAM. Appellant seeks review of an agency order which denied its application for a
low...he amount of the attorney s fee. Reversed and remanded for further proceedings consistent
with this opinion. ERVIN, JOANOS and MINER, JJ., concur.
13-CITE: 623 So.2d 1251 James HILL, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. We find no merit in the appellant s first point on appeal and therefore
af...utionally vague). Affirmed in part, reversed in part, and remanded for resentencing for the
remaining counts. FRANK, C.J., and DANAHY, J., concur.
14-CITE: 649 So.2d 923 Eric Lee HARRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Eric Lee Harris (Appellant) was charged by information with the sale of a
contro...sentence for possession of cocaine. AFFIRMED in part, REVERSED and REMANDED in part, with
directions. BOOTH, MICKLE and VAN NORTWICK, JJ., concur.
15-CITE: 659 So.2d 295 Antoine J. TIBBS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant seeks review of his adjudication of guilt and sentences after he
p...et shall be prepared. See Jeter v. State, 604 So.2d 1250 (Fla. 1st DCA 1992). REVERSED and
REMANDED. BARFIELD, KAHN and VAN NORTWICK, JJ., concur.
16-CITE: 723 So.2d 359 Mary WILLIAMS and Herman Williams as the natural guardians of Mark Williams, a
minor, Appellants, v. SEBRING HOUSING AND DEVELOPMENT, d b a Martin Luther King Terrace, a Florida
corporation; Parent Management Company, a Florida corporation, Appellees.
TEXT: CASANUEVA, Judge. The Williamses appeal a final order dismissing, with prejudice, their
init... 37 (Fla. 2d DCA 1986). *360 Affirmed in part; reversed in part; and remanded for further
proceedings. THREADGILL, A.C.J., and QUINCE, J., Concur.
17-CITE: 495 So.2d 183 STATE of Florida, etc., Appellant, v. DIVISION OF BOND FINANCE, etc., Appellee.
TEXT: McDONALD, Chief Justice. The state appeals a trial court order validating a bond issuance
by...from income taxation under federal law existing on the date the bonds are issued. (FN2)
Sections 215.27--215.83, 420.501--420.516, Fla.Stat. (1985).
18-CITE: 431 So.2d 259 TOMPKINS LAND AND HOUSING, INC., Appellant, v. Terryceia Vann WHITE, Appellee.
TEXT: CAMPBELL, Judge. White sued Tompkins Land and Housing for breach of contract. The case was
i... the final judgment and remand to the trial court for further proceedings consistent with this
opinion. DANAHY, A.C.J., and SCHOONOVER, J., concur.
19-CITE: 613 So.2d 127 Avery JONES, Appellant, v. The STATE of Florida, Appellee.
TEXT: FERGUSON, Judge. Jones was stopped by a Key West police officer and questioned as to his
rea...d because it was based on an unlawful arrest. Livingston v. State, 610 So.2d 696 (Fla. 3d DCA
1992). Reversed and remanded for further proceedings.
20-CITE: 478 So.2d 1107 PAHOKEE HOUSING AUTHORITY, INC., Appellant, v. SOUTH FLORIDA SANITATION
COMPANY, etc., Appellee.
TEXT: LETTS, Judge. A trial judge awarded damages to a corporation for loss of profits, based in
l...d at would appear to be based on 28 months. (FN2) this is being generous to the operator whose
1981 tax return showed a profit of only 3.75 percent.
21-CITE: 452 So.2d 53 D.V. McCONNOHIE and Bendon Investment Company, Inc., Appellants, v. HICKORY LAKES
OF BRANDON, INC. and Housing Investment Corporation of Florida, Appellees.
TEXT: PER CURIAM. Appellants D.V. McConnohie and Bendon Investment Company, Inc., appeal the
summa...against appellants, and we remand for proceedings consistent herewith. REVERSED and
REMANDED. BOARDMAN, A.C.J., and DANAHY and LEHAN, JJ., concur.
22-CITE: 588 So.2d 1023 Tommy MORRIS, Bonnie Lengyel, Alberta Quarterman, Antoinette Cuffie, Verna D.
Johnson, Henrietta J. Stevens, Theda M. Hughes, Grace Glover, Ethyl Schaffner, Kaleen S. Ward, and
Lisalotte Patterson, Appellants Intervenors, v. Louis WHITEHEAD, III, and Delores A. Whitehead,
Individuals, Appellees Plaintiffs. The HOUSING AUTHORITY OF the CITY OF ST. PETERSBURG, a Florida
Public Corporation, James R. Gillespie, Commissioner, C. Patricia Alsup, Commissioner, Thomas E.
McLean, Commissioner, David T. Welch, Commissioner, and Edward White, Jr., Secretary and Executive
Director, Appellants Defendants, v. Louis WHITEHEAD, III, and Delores A. Whitehead, Individuals,
Appellees Plaintiffs.
TEXT: CAMPBELL, Acting Chief Judge. In these consolidated appeals, appellants seek review of the
f...e provisions of chapter 119. Subject to the clarification made in this opinion, the final
judgment is affirmed. LEHAN and THREADGILL, JJ., concur.
23-CITE: 616 So.2d 1198 STATE of Florida, Appellant, v. Melburn Ben THOMAS, Gary Leonard Pauli, Tommy
Lee Troxell, James Dean Knight, Gordon Levi Flood, Andrew Scott Castle, Donald E. Harrison, Joyce
Calvary Haire, Daryl Leshane Cuyler, Joe Eddie Baker, Arnold D. Dennis, Derrick Bowles, and Charles
William Porter, Appellees.
TEXT: CAMPBELL, Acting Chief Judge. In these consolidated appeals, the state seeks review of
order...ecision does not affect the validity of other portions of that statute. The orders appealed
from are affirmed. SCHOONOVER and PARKER, JJ., concur.
24-CITE: 565 So.2d 376 RAMADA INN SOUTH AIRPORT and Claims Center, Appellants, v. M. Diane LAMOUREUX,
Appellee.
TEXT: SHIVERS, Chief Judge. The employer carrier (E C) in this workers compensation case appeal
an...ire and Rubber Co. v. Vaughn, 381 So.2d 740 (Fla. 1st DCA 1980). Accordingly, we affirm in
part, reverse, and remand. BOOTH and WOLF, JJ., concur.
25-CITE: 580 So.2d 313 Robert FOX, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Robert Fox appeals his convictions for possession of cocaine and trespass after
...f fact could find, beyond a reasonable doubt, that the police had been given the authorization to
warn trespassers to leave the premises. Affirmed.
26-CITE: 651 So.2d 1291 Alvin WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Acting Chief Judge. Alvin Williams timely appeals the denial of his motion to correct
...section 893.13(1)(b). See R.W. v. State, 646 So.2d 783 (Fla. 2d DCA 1994). Reversed and remanded
with directions. FULMER and WHATLEY, JJ., concur.
27-CITE: 482 So.2d 543 BOCA RATON HOUSING AUTHORITY, Appellant, v. CAROUSEL DEVELOPMENT, INC.,
Appellee.
TEXT: FERGUSON, Judge. The main issue presented by this appeal is whether a housing authority
crea...n if the Authority failed to qualify as a governmental entity. See Section 47.122, Fla.Stat.
(1985). Reversed and remanded for further proceedings.
28-CITE: 744 So.2d 1259 NEW ARENA SQUARE NORTH & SOUTH, LTD., Appellant, v. FLORIDA HOUSING FINANCE
CORPORATION, Appellee.
TEXT: VAN NORTWICK, J. New Arena Square North & South, Ltd. (New Arena) appeals a final order of
t... REVERSED and REMANDED for rescoring of appellant s application and other proceedings consistent
with this opinion. WEBSTER AND DAVIS, JJ., CONCUR.
29-CITE: 617 So.2d 717 HOUSING AUTHORITY of The CITY OF ST. PETERSBURG, Florida, C. Patricia Alsup,
James R. Gillespie, Effie Alexander, Paul W. Buswell, Thomas L. Dennis, Arthur Ross, III, and Ann R.
Worthington, Appellants, v. Edward WHITE, Jr., Appellee.
TEXT: PARKER, Judge. The Housing Authority of the City of St. Petersburg, Florida, C. Patricia
Als...sciplinary procedures are followed. Reversed and remanded for proceedings consistent with
this opinion. SCHOONOVER, A.C.J., and FRANK, J., concur.
30-CITE: 698 So.2d 1345 STATE of Florida, Appellant, v. Joseph L. MOTEN, Appellee.
TEXT: THOMPSON, Judge. The State of Florida appeals an order granting Joseph Moten s motion to
cor...state the original judgment and sentence. JUDGMENTS and SENTENCE VACATED; original JUDGMENT
and SENTENCE REINSTATED. COBB and HARRIS, JJ., concur.
31-CITE: 550 So.2d 124 Terry LOOMIS, Appellant, v. BERNARD AND BERK INDUSTRIAL SERVICES, INC. and
Crawford and Company, Appellees.
TEXT: ZEHMER, Judge. This is an appeal and cross-appeal from a worker s compensation order
awardin...and the attorney s fee issue remanded for further consideration. AFFIRMED IN PART,
REVERSED IN PART, AND REMANDED. ERVIN and NIMMONS, JJ., concur.
32-CITE: 657 So.2d 1237 STATE of Florida, Appellant, v. Nicholas J. LOOKRETIS, Appellee.
TEXT: PER CURIAM. The state appeals the trial court s order granting the defendant, Nicholas J.
Lo...ccordingly, reverse and remand for proceedings consistent herewith. Reversed and remanded.
RYDER, A.C.J., and SCHOONOVER and LAZZARA, JJ., concur.
33-CITE: 653 So.2d 421 Arnold EICHHORST and Anna Eichhorst, individually and as trustees, Appellants,
v. MANDALAY SHORES COOPERATIVE HOUSING ASSOCIATION, INC., Appellee.
TEXT: QUINCE, Judge. Arnold and Anna Eichhorst (the Eichhorsts) appeal the trial court s granting
... summary judgment is reversed and the cause is remanded for further proceedings consistent with
this opinion. PARKER, A.C.J., and BLUE, J., concur.
34-CITE: 565 So.2d 756 ESPIRITO SANTO BANK OF FLORIDA, Appellant, v. GREEN HILLS SOUTHLAND PINES
COMMUNITY ASSOCIATION, INC., and Robert F. Cook, as the Building Official and Director of the
Building and Zoning Department of Metropolitan Dade County, Florida, a political subdivision of the
State of Florida, Appellees.
TEXT: FERGUSON, Judge. On April 17, 1972, Dade County entered into a Consent Judgment with
develop...that the trial court never decided that question. That issue, too, should be addressed and
decided in an original evidentiary proceeding. Affirmed.
35-CITE: 623 So.2d 848 STATE of Florida, Appellant, v. Alexander WYNN, Appellee.
TEXT: PARKER, Judge. The state appeals the trial court s order granting Alexander Wynn s motion
to...he vehicle was abandoned, Wynn no longer had an expectation of privacy in the vehicle.
Reversed and remanded. RYDER, A.C.J., and BLUE, J., concur.
36-CITE: 632 So.2d 170 Bradford BLICKLE, Appellant, v. BRADWOOD COLLECTIONS and Claims Center,
Appellees.
TEXT: ZEHMER, Chief Judge. Bradford Blickle (Claimant) appeals a workers compensation order
awardi... raised on appeal, we affirm as to each without further discussion. AFFIRMED IN PART,
REVERSED IN PART, and REMANDED. MINER and WOLF, JJ., concur.
37-CITE: 618 So.2d 323 David WILLIAMS, Appellant, v. The STATE of Florida, Appellee.
TEXT: JORGENSON, Judge. David Williams appeals from a judgment of conviction for possession with
i...t also to a deterioration of the physical environment that requires substantial government
expenditure. . . . 42 U.S.C.A. Section 11901 (West 1992).
38-CITE: 522 So.2d 1000 Alan A. WAGNER and Evelyn Wagner, his wife, Appellants, v. TEXAS SUPPLY, INC.,
Appellee.
TEXT: PER CURIAM. Affirmed. Tanenbaum v. Biscayne Osteopathic Hosp., Inc., 190 So.2d 777
(Fla.1966...raro, 303 So.2d 407 (Fla. 3d DCA 1974); Canell v. Arcola Housing Corp., 65 So.2d 849
(Fla.1953); Khawly v. Reboul, 488 So.2d 856 (Fla. 3d DCA 1986).
39-CITE: 440 So.2d 625 SENCO OF FLORIDA, INC., Appellant, v. CONTINENTAL CASUALTY COMPANY, Appellee.
TEXT: GRIMES, Judge. This case involves an interpretation of a vendors broad form endorsement
pert...services of its attorneys at both the trial and appellate levels under section 627.428,
Florida Statutes (1982). OTT, C.J., and HOBSON, J., concur.
40-CITE: 646 So.2d 783 R.W., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Judge. The appellant was charged with violating section 893.13(1)(i), Fla.Stat.
(199..., Florida Statutes (1991). Reversed and remanded with directions to enter a new adjudication
of guilty. RYDER, A.C.J., and ALTENBERND, J., concur.
41-CITE: 571 So.2d 45 PUBLIC HOUSING ASSISTANCE, INC., Appellant, v. Edward HAVILL, etc., et al.,
Appellees.
TEXT: GORSHORN, Judge. The issue in this case is whether a nonprofit corporation operated
exclusiv...emanded with instructions to reinstate PHAI s ad valorem tax exemption. REVERSED and
REMANDED with instructions. DAUKSCH and GRIFFIN, JJ., concur.
42-CITE: 689 So.2d 1304 Gregory E. MOORE, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et al.,
Appellees.
TEXT: PETERSON, Chief Judge. Gregory E. Moore appeals an order of the Unemployment Appeals
Commiss...uirements of section 90.956, Florida Statutes (1995) and Tallahassee Housing Authority.
ORDER VACATED; REMANDED. GOSHORN and GRIFFIN, JJ., concur.
43-CITE: 734 So.2d 603 EMERALD COAST HOUSING, d b a, Royale Apartments, Appellant, v. STATE of Florida,
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, Appellee.
TEXT: PER CURIAM. We elect to treat appellee s motion to relinquish jurisdiction as a confession
o...ession of error. The final order is hereby reversed *604 and the cause is remanded for further
proceedings. JOANOS, KAHN and PADOVANO, JJ., concur.
44-CITE: 667 So.2d 496 HIALEAH HOUSING AUTHORITY, Appellant, v. Ibis VELEZ and Antonio Velez, as
Personal Representatives of the Estate of Lillian Velez, Appellees.
TEXT: PER CURIAM. Affirmed. City of Jacksonville v. Mills, 544 So.2d 190 (Fla.1989); Trianon Park
...med. City of Jacksonville v. Mills, 544 So.2d 190 (Fla.1989); Trianon Park Condo. Ass n, Inc. v.
City of Hialeah, 468 So.2d 912, 920-921 (Fla.1985).
45-CITE: 491 So.2d 1304 Vickie HIPPEN, Appellant, v. Bruce HIPPEN, Appellee.
TEXT: MILLS, Judge. This case comes to us on appeal from an order denying appellant Vickie Hippen
... motion for reconsideration and modification of the final judgment of dissolution of marriage
will be affirmed. WIGGINTON and NIMMONS, JJ., concur.
46-CITE: 629 So.2d 879 INTERAMERICAN ENGINEERS AND CONSTRUCTORS CORPORATION, Appellant, v. PALM BEACH
COUNTY HOUSING AUTHORITY, Appellee.
TEXT: MAY, MELANIE G., Associate Judge. A contract dispute between Interamerican Engineers and
Con...Judge, concur. NOTE: WALDEN, JAMES H., Senior Judge, did not participate in oral argument but
has reviewed the presentation made at that proceeding.
47-CITE: 506 So.2d 397 STATE of Florida, Appellant, v. HOUSING FINANCE AUTHORITY OF PINELLAS COUNTY,
Florida, etc., Appellee.
TEXT: McDONALD, Chief Justice. The state appeals a final judgment validating the issuance of
$100,...o error, we affirm the final judgment validating the bond issue. It is so ordered.
OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
48-CITE: 644 So.2d 608 TOMPKINS LAND & HOUSING, INC., Appellant, v. The GEDEON GROUP, INC., Appellee.
TEXT: PER CURIAM. A deed in lieu of foreclosure does not constitute a sale or other conveyance
und... judgment of the trial court is REVERSED and the case is REMANDED for entry of judgment for
the appellant. ERVIN, JOANOS and BARFIELD, JJ., concur.
49-CITE: 445 So.2d 1137 MANDALAY SHORES COOPERATIVE HOUSING ASSOCIATION, INC., Appellant, v. Arnold
EICHHORST and Anna Eichhorst, indiviudally and as Trustees, Appellees.
TEXT: PER CURIAM. The nonfinal order brought here for review is not reviewable by direct
interlocu...ure. We choose to treat the appeal as a petition for writ of certiorari and we deny the
same. BOARDMAN, A.C.J., and GRIMES and DANAHY, JJ., concur.
50-CITE: 490 So.2d 243 Marilyn MANASTER and Edward Manaster, individually and as shareholders of
Matthews on the Bay, Inc., a Florida corporation, Appellants, v. Al COLETTA, Appellee.
TEXT: PER CURIAM. Affirmed. See Gregg v. U.S. Industries, Inc., 715 F.2d 1522 (11th Cir.), on
peti..., 65 So.2d 849 (Fla.1953); Broward National Bank of Fort Lauderdale v. Bethel, 341 So.2d 1012
(Fla. 4th DCA 1977); Section 725.01, Fla.Stat. (1981).
51-CITE: 483 So.2d 413 TALLAHASSEE HOUSING AUTHORITY, Petitioner, v. FLORIDA UNEMPLOYMENT APPEALS
COMMISSION, et al., Respondents.
TEXT: OVERTON, Justice. This case is before us on petition to review the decision reported as
Tall...direct that the case be remanded for a new evidentiary hearing. It is so ordered. BOYD,
C.J., and ADKINS, McDONALD, EHRLICH and SHAW, JJ., concur.
52-CITE: 654 So.2d 1064 Marcial GARCIA, etc., et al., Appellants, v. Haydee C. GONZALEZ, etc., et al.,
Appellees.
TEXT: PER CURIAM. This is an appeal and cross-appeal from a final judgment determining the child
s...om the decedent father through the law of intestacy. We are told that the estate assets are
substantial, and that the child is one of two claimants.
53-CITE: 492 So.2d 460 Richard ROCEK and Carolyn Rocek, his wife, Appellants, v. Saul MARKOWITZ, et
al., Appellees.
TEXT: ORFINGER, Judge. The issue on appeal is the validity and enforceability of a properly
record...e cause is remanded to the trial court for further proceedings consistent herewith.
REVERSED and REMANDED. UPCHURCH, C.J., and COWART, J., concur.
54-CITE: 464 So.2d 625 Eileen VENABLE, Appellant, v. GRANDEUR ARABIANS and Florida Farm Bureau,
Appellees.
TEXT: MILLS, Judge. Venable appeals from a workers compensation order contending the deputy erred
...rder before us. Without adequate findings of fact by the deputy, it is impossible for us to carry
out our duties. JOANOS and BARFIELD, JJ., concur.
55-CITE: 622 So.2d 105 M.H., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant claims the statute under which he was convicted, Section
893.13(1)(i),...ion, which denies eligibility for parole or gain-time because the transaction
occurred near a public housing facility, is facially unconstitutional.
56-CITE: 639 So.2d 117 The HOUSING AUTHORITY OF the CITY OF DAYTONA BEACH and Reverend Carl Brinkley,
Executive Director, Appellants, v. Sandra GOMILLION, Appellee.
TEXT: PER CURIAM. The issue posed by this appeal is whether the tenant records of a public
housing...uced and submitted to the federal government are simply monitoring devices. * * * *
* * AFFIRMED. COBB, DIAMANTIS and THOMPSON, JJ., concur.
57-CITE: 641 So.2d 179 Cornelius D. PAIGE, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Paige appeals from a judgment and sentence for possession of cocaine with
i...ED with directions to enter a new judgment and to resentence. GOSHORN J., concurs. THOMPSON,
J., concurs specially in result only without opinion.
58-CITE: 659 So.2d 355 METROPOLITAN DADE COUNTY, Appellant, v. Lazaro VASQUEZ, Appellee.
TEXT: ON MOTION TO DISMISS PER CURIAM. Metropolitan Dade County seeks review of a final order of
... the jurisdiction of this court. Accordingly, this appeal is dismissed for lack of jurisdiction.
ZEHMER, C.J., and BARFIELD and KAHN, JJ., concur.
59-CITE: 542 So.2d 460 Patricia L. STEARNS, f k a Patricia L. Smith, Appellant, v. Sherman D. SMITH,
Appellee.
TEXT: PER CURIAM. We reverse the trial court s child support award of $300 per month. There is no
...s housing, food, utilities, and transportation expenses. Reversed and remanded with directions.
DANAHY, A.C.J., and FRANK and PARKER, JJ., concur.
60-CITE: 466 So.2d 4 AMERICAN HOUSING AND DEVELOPMENT CORPORATION, a Florida corporation, and BMA
Properties, Inc., a Florida corporation, f k a Rebma Florida, Inc., a Missouri corporation,
Appellant, v. SUN ISLAND ASSOCIATION, INC., a Florida corporation not-for-profit, for itself and on
behalf of all owners as a class, Appellee.
TEXT: PER CURIAM. We affirm the judgment awarding damages for defective construction of a
condomin...er basis for attorney s fees was either pleaded or proved. Affirmed in part, reversed in
part. SCHEB, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
61-CITE: 711 So.2d 587 Randall GOODMAN, Petitioner, v. COUNTY COURT IN BROWARD COUNTY, FLORIDA and The
City of Fort Lauderdale, Florida, Respondents.
TEXT: WARNER, Judge. Petitioner was charged by information in the county court with violations of
...le, 623 So.2d 474, 478 (Fla.1993). Moreover, those opinions preceded the statutory enactments
which allowed greater flexibility in code enforcement.
62-CITE: 610 So.2d 1356 James BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: MINER, Judge. Urging the unconstitutionality of section 893.13(1)(i), Florida Statutes
(Supp...nce except that we herewith strike the one dollar assessment appellant was ordered to pay to
First Step of Bay County. ERVIN and WOLF, JJ., concur.
63-CITE: 532 So.2d 1103 Alvin D. MOORE, Jr. and Eugene Smith, Appellants, v. 1986 GRAND JURY REPORT ON
PUBLIC HOUSING, Appellee.
TEXT: HUBBART, Judge. This is an appeal brought by two officials of the Dade County Housing and
Ur...l nor improper within the meaning of the above statute, and the trial court correctly denied
the appellants motion to repress or expunge. AFFIRMED.
64-CITE: 584 So.2d 1072 George ELIAS, etc., Appellants, v. SUN BANK MIAMI, N.A., f k a Flagship
National Bank of Miami, N.A., Appellee.
TEXT: PER CURIAM. Affirmed. See Canell v. Arcola Housing Corp., 65 So.2d 849, 851 (Fla.1953);
Nati...oward Nat l Bank v. Bethel, 341 So.2d 1012 (Fla. 4th DCA 1977). See also Metcalf v. Leedy,
Wheeler & Co., 140 Fla. 149, 191 So. 690, 692 (Fla.1939).
65-CITE: 557 So.2d 98 Edward C. TIETIG, etc., et al., Appellants, v. SOUTHEAST REGIONAL CONSTRUCTION
CORPORATION, Appellee.
TEXT: SCHWARTZ, Chief Judge. The defendants below, Edward C. Tietig, and Edward C. Tietig, P.A.,
a...bell, 50 So.2d 707 (Fla.1951). Reversed and remanded with directions. ------------ (FN1) We
need not reach the other grounds advanced for reversal.
66-CITE: 642 So.2d 828 Robert Lee STEVENS, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant was found guilty by a jury of delivery of cocaine within 1,000
fe...y, we vacate *830 appellant s conviction for delivery of cocaine within 200 feet of a public
housing facility. FRANK, C.J., and PARKER, J., concur.
67-CITE: 480 So.2d 198 In the Interest of J.R.C. and L.R.C., children. Barbara Collar HENDERSON,
Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: SHARP, Judge. Henderson appeals from an order terminating her parental rights to her two
chi... in most regards, and failed only on ones beyond her ability and control. REVERSED. DAUKSCH,
J., concurs. UPCHURCH, J., dissents without opinion.
68-CITE: 634 So.2d 196 Miki GRAHAM, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Miki Graham appeals her convictions for two counts of sale of cocaine within
200...41 (Fla.1994). Pursuant to Brown, we reverse the convictions. Reversed and remanded.
CAMPBELL, A.C.J., and SCHOONOVER and ALTENBERND, JJ., concur.
69-CITE: 444 So.2d 65 GEORGE HUNT, INC., Appellant, v. DORSEY YOUNG CONSTRUCTION, INC., Appellee.
TEXT: HERSEY, Judge. We affirm as to appellant s first point on appeal relying on the rule that
on...Florida Rules of Civil Procedure]. Appellant s additional points being likewise without merit
we affirm. AFFIRMED. LETTS and BERANEK, JJ., concur.
70-CITE: 560 So.2d 426 William DELEO, an individual, and S. Paul Deleo a k a Jim Deleo, an individual,
Appellants, v. Frank SPERO, an individual, and Joseph Bove, Jr., an individual, Appellees.
TEXT: PER CURIAM. Reversed. There are material issues of fact regarding the affirmative defenses
r... Housing Corp. v. Keller Bldg. Products of Jacksonville, Inc., 335 So.2d 362 (Fla. 1st DCA
1976). HERSEY, C.J., and DOWNEY and WARNER, JJ., concur.
71-CITE: 604 So.2d 871 Michael BEASLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. We have for review five issues raised by Michael Beasley, one of
... reversed and remanded to the trial court for the discharge of appellant. Reversed and remanded
with directions. THREADGILL and BLUE, JJ., concur.
72-CITE: 520 So.2d 633 EDWARD C. TIETIG, P.A., Appellant Cross Appellee, v. SOUTHEAST REGIONAL
CONSTRUCTION CORP., Appellee Cross Appellant, and Leadership Housing Systems of Florida, Inc., et
al., Appellees.
TEXT: ON MOTION FOR REHEARING DELL, Judge. We deny the motion for rehearing, but substitute the
f...s shall bear interest from April 29, 1982 at the statutory rate. AFFIRMED IN PART; REVERSED IN
PART and REMANDED. DOWNEY and ANSTEAD, JJ., concur.
73-CITE: 629 So.2d 841 James BROWN, Petitioner, v. STATE of Florida, Respondent. STATE of Florida,
Appellant, v. Melburn Ben THOMAS, et al., Appellees. STATE of Florida, Appellant, v. Reginald Eugene
KIRKLAND, Appellee.
TEXT: HARDING, Justice. We have consolidated for our review three cases in which district courts
o...e pertinent facts in order to determine whether the statute is unconstitutional in its
application. I respectfully dissent. McDONALD, J., concurs.
74-CITE: 707 So.2d 361 SOUTHLAKE COMMUNITY FOUNDATION, INC., Appellant Cross-Appellee, v. Edward
HAVILL, etc., et al., Appellees Cross-Appellants.
TEXT: COBB, Judge. We have for review a circuit court judgment upholding the denial by the Lake
Co...estoppel issue raised by Foundation. Accordingly, Havill s denial of the charitable exemption
is affirmed. GRIFFIN, C.J., and THOMPSON, J., concur.
75-CITE: 431 So.2d 234 Jack YOUNG, Appellant, v. Kathryn YOUNG, Appellee.
TEXT: WENTWORTH, Judge. Jack Young appeals the final judgment dissolving his twenty-one year
marri...cordingly reversed and the cause remanded for further proceedings consistent herewith.
SHIVERS, J., concurs. JOANOS, J., dissents without opinion.
76-CITE: 540 So.2d 207 SAINT ANDREW S SCHOOL OF BOCA RATON, INCORPORATED, a Florida corporation
not-for-profit, Appellant, v. Rebecca E. WALKER, as Palm Beach County Property Appraiser, and Allen
C. Clark, as Palm Beach County Tax Collector, Appellees.
TEXT: LETTS, Judge. The trial court ruled that certain on-campus faculty housing at a
not-for-prof...ad valorem taxation under chapter 196 of the Florida Statutes. REVERSED AND
REMANDED. GLICKSTEIN, J., and POLEN, MARK E., Associate Judge, concur.
77-CITE: 516 So.2d 1074 LANTANA CASCADE OF PALM BEACH, LTD., and James A. Smith, Appellants, v. LANCA
HOMEOWNERS, INC., a k a Lanca Homeowners Association, Inc., and The L.C. Grievance Committee, Inc.,
and Patrick McKernan, Appellees.
TEXT: PER CURIAM. This is an appeal of a non-final order certifying an action as maintainable as
a...isites of Florida Rule of Civil Procedure 1.220(b). Accordingly, we reverse in part and affirm
in part. GLICKSTEIN, WALDEN and STONE, JJ., concur.
78-CITE: 501 So.2d 148 J.F. WILLIAMS and Dura Williams, husband and wife, Appellants, v. CITY OF
ARCADIA, a municipal corporation, Appellee.
TEXT: PER CURIAM. Appellants appeal the entry of a permanent injunction by the trial court. The
in...licensed under section 509, Florida Statutes, should not estop the city from determining that
the building was in fact used as a migrant labor camp.
79-CITE: 706 So.2d 1377 The ST. PETERSBURG HOUSING AUTHORITY, Appellant, v. J.R. DEVELOPMENT, a Florida
General Partnership, James McFrederick and Robert Garner, Appellees.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, the St. Petersburg Housing Authority, challenges
th...ity. We conclude that the court improperly granted a rehearing on the issue of damages.
Accordingly, we reverse. FRANK and NORTHCUTT, JJ., concur.
80-CITE: 541 So.2d 1354 Alberto GONZALEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Alberto Gonzalez from a judgment of
convictio...two officers under non-abusive circumstances. This being so, we conclude that the search
was a reasonable one under the Fourth Amendment. Affirmed.
81-CITE: 715 So.2d 279 Timothy MASON, Sr., v. LOAD KING MANUFACTURING COMPANY, and Unemployment Appeals
Commission, Appellees.
TEXT: ERVIN, Judge. Timothy Mason appeals an order of the Unemployment Appeals Commission
approvin...Because the claimant failed to do so in the proceeding below, the order of denial is
AFFIRMED. BOOTH, J., concurs. BENTON, J., concurs in result.
82-CITE: 594 So.2d 302 THE FLORIDA BAR, Complainant, v. Loretta B. ANDERSON, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before the Court on complaint from The Florida
B...h sum let execution issue. It is so ordered. SHAW, C.J., and BARKETT, GRIMES, KOGAN and
HARDING, JJ., concur. OVERTON and McDONALD, JJ., dissent.
83-CITE: 739 So.2d 716 M.B., as Parent of T.B., C.B., and L.B., Children, Appellant, v. DEPARTMENT OF
CHILDREN AND FAMILIES, Appellee.
TEXT: PER CURIAM. The mother appeals the termination of her parental rights to her three
children....41 (Fla. 5th DCA 1995) and In Interest of R, Children, 591 So.2d 1130 (Fla. 4th DCA
1992). AFFIRMED. ANTOON, C.J., COBB and PETERSON, JJ., concur.
84-CITE: 680 So.2d 620 Coretta BROWN, a minor, etc., et al., Appellants, v. HOUSING AUTHORITY OF THE
CITY OF ORLANDO, Appellee.
TEXT: THOMPSON, Judge. Coretta Brown ( Brown ), a minor, by and through her mother and next
friend... mishandling were to squander her remedy. Fla.R.Civ.P. 1.210(b); Osei-Afriyie v. Medical
College, 937 F.2d 876 (3d Cir.1991). DAUKSCH, J., concurs.
85-CITE: 474 So.2d 1175 THE FLORIDA BAR, Complainant, v. Terrence E. ROSENBERG, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before us on complaint of The Florida Bar,
repor...ient s legal business, does not call for a ninety-day suspension. I would approve the
referee s findings of fact and order a fifteen-day suspension.
86-CITE: 614 So.2d 517 Rodolfo CORDOBA, Pablo Cordoba, and Peggy Cordoba, Appellants, v. STRAWBERRY
FIELDS HOUSING CORP., Appellee.
TEXT: An examination of the amended complaint discloses that Count I for breach of contract and
Cou...e appeal is granted without prejudice to the appellants remedy in the county court. It is so
ordered. HUBBART, NESBITT and JORGENSON, JJ., concur.
87-CITE: 670 So.2d 1046 WESLEY GROUP HOME MINISTRIES, INC., a not-for-profit corporation, Appellant, v.
CITY OF HALLANDALE, a Florida municipal corporation, Appellee.
TEXT: GROSS, Judge. Wesley Group Home Ministries, Inc. appeals the trial court s denial of its
mot...torney s fees should be awarded in this case pursuant to 42 U.S.C. Section 3613(c)(2).
REVERSED AND REMANDED GUNTHER, C.J., and STONE, J., concur.
88-CITE: 480 So.2d 1335 INSURANCE COMPANY OF NORTH AMERICA, United States Fire Insurance Company, and
Montwood Inc., d b a Woodmont Country Club, Appellants, v. HAACK CRAWFORD & ASSOCIATES ARCHITECTS
ENGINEERS PLANNERS, INC., and International Surplus Lines Insurance Company, Appellees.
TEXT: BARKETT, Judge. We find that the appellees are beneficiaries of the insurance policy
purchas...rica v. E.L. Nezelek, Inc., 480 So.2d 1333 (Fla. 4th DCA 1985) issued simultaneously
herewith. AFFIRMED. HERSEY, C.J., and GLICKSTEIN, J., concur.
89-CITE: 542 So.2d 486 Adelia L. JAMES, Petitioner, v. Gordon JAMES, III, Respondent.
TEXT: LETTS, Judge. The petitioner seeks a writ of certiorari which would preclude the necessity
o.... See also Slatnick v. Leadership Housing Systems of Florida, 368 So.2d 78 (Fla. 4th DCA 1979).
CERTIORARI GRANTED. STONE and WARNER, JJ., concur.
90-CITE: 484 So.2d 1338 Elizabeth CABRERA, Appellant, v. Anthony J. CABRERA, Jr., Appellee.
TEXT: REVISED OPINION PER CURIAM. In its final judgment of dissolution, the trial court granted
t...aser v. Fraser, 368 So.2d 97 (Fla. 3d DCA 1979). Affirmed in part; reversed in part; remanded
for further proceedings consistent with this opinion.
91-CITE: 490 So.2d 961 SHERIFF OF MONROE COUNTY, Florida, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION
and Alfonso J. Madoz, Appellees.
TEXT: JORGENSON, Judge. The Sheriff of Monroe County appeals from a decision of the Unemployment
A...511 (Fla. 3d DCA 1980). Thus, the burden of disproving the employer s allegations never shifted
to the employee. For these reasons, I would affirm.
92-CITE: 477 So.2d 25 Arnold EICHHORST and Anna Eichhorst, individually and as Trustee, Appellants, v.
MANDALAY SHORES COOPERATIVE HOUSING ASSOCIATION, INC., Appellee.
TEXT: OTT, Acting Chief Judge. We reverse the trial court s order which granted specific
performan...d. *26 Because of our disposition of the case, we need not address appellants remaining
points on appeal. REVERSED. DANAHY and HALL, JJ., concur.
93-CITE: 731 So.2d 845 MARCUS & MARCUS, P.A., a Florida Professional Association, Petitioner, v. David
C. SINCLAIR, as personal representative of the Estate of James H. Davis, Davis Tree Farms, Inc., a
Florida corporation, Davis Tree Farms North, Inc., et al., Respondents.
TEXT: SHEVIN, Judge. Marcus & Marcus, P.A, seeks a writ of certiorari to quash a trial court
order...including copies thereof, and to foreclose respondents use of the documents for any purpose.
Certiorari granted, order quashed, and cause remanded.
94-CITE: 614 So.2d 1224 STATE of Florida, Appellant, v. Frederick BAILEY, Mario M. Gould and Marcus
Gordon, Appellees.
TEXT: PER CURIAM. The state appeals orders which granted motions to dismiss in three criminal
case...mand with directions that the trial court reinstate the information. REVERSED and REMANDED,
with directions. SMITH, KAHN and WEBSTER, JJ., concur.
95-CITE: 548 So.2d 305 SUN BANK, N.A., Appellant, v. John R. STOCKS, St. George Island, Ltd., Coastal
Housing, Corporation, Leisure Properties Ltd., a Florida limited partnership, Gene D. Brown and
Leisure Development, Inc., and The United States of America, Appellees.
TEXT: PER CURIAM. AFFIRMED. Sun Bank appeals a non-final order rescinding, vacating, and setting
a...r section 702.07, Florida Statute (1987) and Florida Rule of Civil Procedure 1.540(b). We,
therefore, affirm. BOOTH, SMITH and JOANOS, JJ., concur.
96-CITE: 690 So.2d 1323 TEDC SHELL CITY, INC., d b a Shell City Associates, Ltd.; Edison Gardens, Ltd.;
Edison Gardens II, Ltd., Appellant, v. Joel W. ROBBINS, as Property Appraiser of Dade County,
Florida, Appellee.
TEXT: SHEVIN, Judge. Taxpayers appeal an amended final summary judgment denying them an ad
valorem...ry sense, the word `or, as used in a statute, is a disjunctive article indicating an
alternative. 49 Fla.Jur.2d Statutes Section 137, at 179 (1984).
97-CITE: 724 So.2d 572 ABAMAR HOUSING AND DEVELOPMENT, INC., d b a Abamar-BB, Federal Insurance
Company, American Home Assurance Company and Balfour Beatty, Inc., Petitioners, v. LISA DALY LADY
DECOR, INC. and Republic Western Insurance Company, Respondents.
TEXT: SHEVIN, Judge. On Petition for Writ of Certiorari Granted Defendants petition for
certiorar... exercising any unfair advantage (such as photocopying the confidential documents prior
to returning them), will not be subject to disqualification.
98-CITE: 548 So.2d 296 Allan D. REEDER, Appellant, v. Kathleen A. REEDER, Appellee.
TEXT: DOWNEY, Judge. This is a timely appeal from an order denying the appellant, former husband
s...we do so without prejudice to appellant s right to seek modification of the final judgment if he
be so advised. GLICKSTEIN and WARNER, JJ., concur.
99-CITE: 444 So.2d 1047 HALLMARK BUILDERS, INC., Appellant, v. HICKORY LAKES OF BRANDON, INC.,
Appellee.
TEXT: LEHAN, Judge. Plaintiff, Hallmark Builders, Inc., appeals from a final summary judgment
ente... and remand to the trial court for further proceedings consistent with this opinion.
REVERSED AND REMANDED. GRIMES, A.C.J., and SCHEB, J., concur.
100-CITE: 712 So.2d 781 James BRYANT, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Chief Judge. James Bryant appeals the final judgment after entering no contest
pleas...75.084 and Ashley are met. See Collins v. State, 687 So.2d 919, 920 (Fla. 2d DCA 1997).
Reversed and remanded. ALTENBERND and QUINCE, JJ., concur.
101-CITE: 734 So.2d 1147 DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, Appellant, v. MARION COUNTY,
etc., Appellees.
TEXT: THOMPSON, J. The Department of Community Affairs appeals an order entered on its motion for
...installation of a factory-built structure. Such fees shall be equal to the amount charged for
similar inspections on conventionally built housing.
102-CITE: 553 So.2d 772 ST. GEORGE ISLAND, LTD., a Florida limited partnership, Petitioner, v. John A.
RUDD, Circuit Judge, Retired, Doing, Inc., a Louisiana Corporation; John R. Stocks; Sun Bank, N.A.;
Coastal Housing Properties, Ltd.; Gene D. Brown; and Leisure Development, Inc., Respondents. ST.
GEORGE ISLAND, LTD., a Florida Limited Partnership, Petitioner, v. John A. RUDD, Circuit Judge,
Retired, Sun Bank, N.A.; John R. Stocks; Coastal Housing Corporation, a Florida corporation, Gold
Leaf Corporation, a Florida corporation; Leisure Properties, Ltd., a Florida limited partnership;
Gene D. Brown; Leisure Development, Inc., and the United States of America, Respondents. ST. GEORGE
ISLAND, LTD., a Florida limited partnership, Petitioner, v. John A. RUDD, Circuit Judge, Retired,
Franklin County, Florida; and John R. Stocks, as General Partner of St. George Island, Ltd., a
Florida limited partnership, Respondents.
TEXT: PER CURIAM. St. George Island, Ltd., petitions this court for the extraordinary writ of
proh...udge Cooksey. We believe this interpretation of the statutes is in direct conflict with our
conclusion in St. George I and therefore we reject it.
103-CITE: 526 So.2d 773 BROWARD COUNTY HUMAN RIGHTS BOARD, Appellant, v. RIMON APARTMENTS, Appellee.
TEXT: KLEIN, HERBERT M., Associate Judge. Appellant, Broward County Human Rights Board
(Respondent...emanded to the trial court, with directions to deny the Petition for Writ of
Prohibition and dismiss the Writ. ANSTEAD and GLICKSTEIN, JJ., concur.
104-CITE: 479 So.2d 780 Marshall PEARLMAN and Sandra Pearlman, his wife, Appellants, v. LAKE DORA VILLAS
MANAGEMENT, INC., Appellee.
TEXT: SHARP, Judge. The Pearlmans (condominium unit owners) appeal from a summary judgment
entered... in the Pearlmans favor. Because the Association is no longer the prevailing party, we
reverse the award of attorney s fees. REVERSED AND REMANDED.
105-CITE: 655 So.2d 1179 Shabazz Randazo HARRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Appellant, Shabazz Randazo Harris, appeals his conviction and the sentence
im...ith directions to enter a judgment of guilt as to section 893.13(1)(a)1., and to resentence
appellant accordingly. ERVIN and BARFIELD, JJ., concur.
106-CITE: 464 So.2d 1221 HOUSING AUTHORITY OF the CITY OF SANFORD, Florida, Petitioner, v. Robert L.
BILLINGSLEA, etc., et al., Respondents.
TEXT: ORFINGER, Judge. The Housing Authority of the City of Sanford, Florida seeks a writ of
prohi...therwise, the petition for rehearing is denied. GRANTED in part; DENIED in part. COBB,
C.J., and ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur.
107-CITE: 545 So.2d 914 Arnold EICHHORST and Anna Eichhorst, individually and as trustees, Petitioners,
v. MANDALAY SHORES COOPERATIVE HOUSING ASSOCIATION, INC., Respondent.
TEXT: PER CURIAM. We deny the petition of Arnold and Anna Eichhorst which seeks issuance of a
writ...., 287 So.2d 376 (Fla. 2d DCA 1973), cert. denied, 296 So.2d 51 (Fla.1974). Petition denied.
LEHAN, A.C.J., and PARKER and PATTERSON, JJ., concur.
108-CITE: 454 So.2d 613 SOUTHEAST REGIONAL CONSTRUCTION CORP., Appellant, v. LEADERSHIP HOUSING SYSTEMS
OF FLORIDA, INC., Porlick Poliquin Samara, Inc., f k a Porlick Gorman Poliquin, Inc., a Florida
corporation, Edward C. Tietig, P.A., Murray Slatnick, et al., Appellees.
TEXT: PER CURIAM. Upon review of the record we conclude that there is an adequate evidentiary
basi...n part, and remand this cause for further proceedings consistent herewith. ANSTEAD, C.J.,
DOWNEY, J., and RODGERS, EDWARD, Associate Judge, concur.
109-CITE: 435 So.2d 420 The HOUSING AUTHORITY OF the COUNTY OF FLAGLER, Petitioner, v. The Honorable Kim
C. HAMMOND, Circuit Judge of the Seventh Judicial Circuit In and For FLAGLER COUNTY, Florida,
Respondent, and The City of Bunnell, Florida, Third-Party Respondent.
TEXT: COWART, Judge. Claiming that the circuit court has erroneously refused to accept
jurisdictio...uit court. Accordingly, the petition for the writ of mandamus is premature and it is
hereby DENIED. FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.
110-CITE: 577 So.2d 602 Daryl WILLIAMS, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,
Appellee.
TEXT: PER CURIAM. AFFIRMED. SHARP W. and GRIFFEN JJ., concur. COWART, J., dissents with
opinion....vide that which, because of limited ability or opportunity, the parent is unable to
provide. See In the Interest of B. W., 498 So.2d 946 (Fla.1986).
111-CITE: 696 So.2d 919 Anthony R. MARTIN, Appellant, v. PALM BEACH ATLANTIC ASSOCIATION, INC., and
Susan Rasmussen, Appellees.
TEXT: WARNER, Judge. A directed verdict was entered after the presentation of appellant s case in
...ppellees on this claim. Consequently, we reverse and remand for a new trial on this issue.
KLEIN, J., and BARR, ROBBIE M., Associate Judge, concur.
112-CITE: 455 So.2d 639 Frank DeANGELIS, Petitioner, v. Louie WAINWRIGHT, Respondent.
TEXT: PER CURIAM. DeAngelis petitions for writ of habeas corpus alleging he is being unlawfully
de...not satisfy the requirements of Section 120.54(9), Florida Statutes. His petition is therefore
denied. SHIVERS, WENTWORTH and NIMMONS, JJ., concur.
113-CITE: 533 So.2d 789 FITZGERALD & COMPANY, INC., and United States Fidelity and Guaranty Company,
Appellants, v. ROBERTS ELECTRICAL CONTRACTORS, INC., Appellee.
TEXT: JOANOS, Judge. Fitzgerald & Company, Inc. (Fitzgerald) and United States Fidelity &
Guaranty... bond. See Jacksonville Shipyards, Inc. v. Oswego Petroleum Carriers, Inc., 473 So.2d 285
(Fla. 1st DCA 1985). SMITH, C.J., and ZEHMER, J., concur.
114-CITE: 626 So.2d 274 HOMEOWNER S CORPORATION OF RIVER TRAILS, Appellant, v. John SABA, Jr., Trustee,
d b a River Trails Mobile Home Park, Appellee.
TEXT: ALTENBERND, Judge. In response to a motion to dismiss, the trial court entered a partial
fin...enced the shift in bargaining power caused by moving a mobile home into the park. Reversed
and remanded. RYDER, A.C.J., and PATTERSON, J., concur.
115-CITE: 712 So.2d 822 Rickey N. THOMAS, Appellant, v. Ruth M. THOMAS, Appellee.
TEXT: NORTHCUTT, Judge. We agree with Mr. Thomas s contention that the value of Mrs. Thomas s
cour...l value of the former marital home and including half that sum in Mrs. Thomas s gross monthly
income. CAMPBELL, A.C.J., and ALTENBERND, J., concur.
116-CITE: 687 So.2d 1351 Milton J. WALLACE, Patricia B. Wallace, Dade County Housing Finance Authority
and Alston & Bird, Appellants, v. Leopoldo E. GUZMAN, Appellee.
TEXT: FLETCHER, Judge. Leopoldo E. Guzman filed a petition for writ of mandamus, seeking to
compel...ame down on the side of nondisclosure of non-exempt public documents. Forsberg v. Housing
Auth. of Miami Beach, 455 So.2d 373 (Fla.1984). Affirmed.
117-CITE: 726 So.2d 322 Helen BROWN, et al., Appellants, v. Ed FEAVER, et al., Appellees.
TEXT: GERSTEN, J. This is a class action in which the plaintiff class seeks declaratory and
injunc...iv. of Admin. Hearings, 661 So.2d 1190 (Fla.1995). Accordingly, summary judgment in favor
of the Department is affirmed in all respects. Affirmed.
118-CITE: 559 So.2d 237 SEARS COMMERCIAL SALES and Allstate Insurance Co., Appellant, v. Retha DAVIS,
Appellee.
TEXT: SHIVERS, Chief Judge. The employer carrier (E C) in this workers compensation case appeals
a...ity of Clermont v. Rumph, 450 So.2d 573 (Fla. 1st DCA 1984). See Anello v. Friendship Village
Convalescent Home, 546 So.2d 1119 (Fla. 1st DCA 1989).
119-CITE: 662 So.2d 434 GENCARE HEALTH SYSTEMS, INC., Appellant, v. FLORIDA SPECIALTY NETWORK, LTD.,
Network Management Corporation of America, Inc., Joseph Farrell, and Lawrence Schimmel, M.D.,
Appellees.
TEXT: PER CURIAM. GenCare Health Systems, Inc., appeals a non-final order denying its motion to
di...GenCare. Affirmed. ------------ (FN*) We do not need to reach the alternative claim of
jurisdiction under paragraph 48.193(1)(b), Florida Statutes.
120-CITE: 511 So.2d 658 James G. ROTH, Appellant, v. NORMANDY SHORES YACHT AND COUNTRY CLUB, INC., etc.,
Appellee.
TEXT: PER CURIAM. We affirm on the authority of White Egret Condominium, Inc. v. Franklin, 379
So....ohibiting children under the age of twelve from residing in an adult condominium. Accordingly,
the trial court s final summary judgment is affirmed.
121-CITE: 615 So.2d 819 Billy TURNER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant challenges his conviction for selling cocaine within 200 feet of a
pub...a or a motion to vacate his sentence under Florida Rule of Criminal Procedure 3.850. AFFIRMED
as modified. WIGGINTON, MINER and WOLF, JJ., concur.
122-CITE: 549 So.2d 1174 Howard L. LAURSEN and Mary E. Laursen, husband and wife, Appellants, v. Floria
GIOLLI and Arline Giolli, husband and wife, Appellees.
TEXT: HALL, Judge. The appellants challenge the final judgment denying their request for an
injunc...th directions that the trial court enter an injunction to enforce the deed restrictions
against the Giollis. CAMPBELL, C.J., and SCHEB, J., concur.
123-CITE: 464 So.2d 158 HOUSING AUTHORITY OF the CITY OF TAMPA, Appellant Cross-Appellee, v. Rubin R.
ROBINSON, Appellee Cross Appellant.
TEXT: BOARDMAN, EDWARD F., (Ret.) Judge. The Housing Authority of the City of Tampa appeals the
fi...ent rehiring and reinstating Robinson with back pay and affirm the trial court s denial of the
motion to amend. RYDER, C.J., and SCHEB, J., concur.
124-CITE: 489 So.2d 22 TORTOISE ISLAND COMMUNITIES, INC. and Tortoise Island Group, Ltd., Petitioners,
v. The MOORINGS ASSOCIATION, INC., individually and the Moorings Association, Inc., a Class
Representation, Respondents.
TEXT: PER CURIAM. We review Moorings Association v. Tortoise Island Communities, Inc., 460 So.2d
9... relief under legal precedents recognizing the creation of easements by implied grant. I would
approve the decision of the district court of appeal.
125-CITE: 710 So.2d 225 ASTALDI CONSTRUCTION CORP., Appellant, v. M. HELD PLUMBING CO., INC., Appellee.
TEXT: PER CURIAM. Astaldi Construction Corp. appeals from a final judgment entered on a jury
verdi...closure of attorney-client privileged documents does not constitute a waiver of that
privilege), review denied, 704 So.2d 520 (Fla.1997). AFFIRMED.
126-CITE: 642 So.2d 652 Cecil Anthony DORTCH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Cecil Anthony Dortch, appeals his judgments and sentences on the
char... BARFIELD, MINER and MICKLE, JJ., concur. ------------ (FN2) We reject the state s argument
that this issue was not preserved for appellate review.
127-CITE: 704 So.2d 720 Brian Dean ABRAMSON, Appellant, v. FLORIDA INTERNATIONAL UNIVERSITY, Appellee.
TEXT: PER CURIAM. In these consolidated appeals, Brian Abramson seeks reversal of Florida
Internat...Savage, 383 So.2d 646 (Fla. 5th DCA 1980). Accordingly, we affirm the order appealed in
case no. 96-1324, and reverse the order in case no. 96-2857.
128-CITE: 658 So.2d 1231 Aaron ANDERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: LAWRENCE, Judge. In this belated appeal, Aaron Reynold Anderson (Anderson) argues there are
...erson is afforded notice and an opportunity to be heard. We AFFIRM the conviction and sentence in
all other respects. ERVIN and BOOTH, JJ., concur.
129-CITE: 507 So.2d 1167 Howard T. SIKORA and Practical Housing of Florida, Inc., Appellants, v.
PINEBROOK BUILDERS, INC., Manuel Raimi, Roger Schaffer, and Guardian Bank, Appellees.
TEXT: THREADGILL, Judge Appellants, Howard T. Sikora (Sikora) and Practical Housing of Florida,
In...ellants remaining points to be without merit. *1169 For the reasons cited above, we affirm the
judgment. LEHAN, A.C.J., and SANDERLIN, J., concur.
130-CITE: 707 So.2d 865 Vivienne CLEMENTE and Jose Louis Herrada, Appellants, v. Donald E. HORNE and
Dottie Lee Horne, Appellees.
TEXT: GREEN, Judge. Vivienne Clemente and her former husband, Jose Louis Herrada appeal the
involu...r the intentional infliction of emotional distress does not properly lie and the trial
court s dismissal of this action must be affirmed. Affirmed.
131-CITE: 739 So.2d 108 PAUL BONILLA, Appellant, v. Blanca BONILLA, Appellee.
TEXT: PER CURIAM. Paul Bonilla, the former husband, appeals a final judgment of dissolution of
mar...the wife and the husband had made premarital financial contributions to the same real estate.
See id. That is not the situation in the present case.
132-CITE: 697 So.2d 959 Anthony Mark DANIEL, Appellant, v. STATE of Florida, Appellee.
TEXT: QUINCE, Judge. Anthony Mark Daniel challenges his convictions for five counts of criminal
mi... venirepersons, we reverse the judgments and sentences and remand for a new trial. Reversed
and remanded. SCHOONOVER, A.C.J., and LAZZARA, concur.
133-CITE: 446 So.2d 126 James E. FOX and Nancy Fox, his wife, John E. Fox and Alice Fox, his wife, Ross
A. Scianna and Kim S. Scianna, his wife, and Anthony Gianfrancesco and Helen Gianfrancesco, his
wife, Appellants, v. PLAYA DEL SOL ASSOCIATION, INC., a Florida non-profit corporation, Appellee.
TEXT: LETTS, Chief Judge. This is an appeal from an order granting appellee s motion to dismiss
fo...he cause and in so doing recognize apparent conflict with our sister court in Tallahassee.
REVERSED AND REMANDED. DOWNEY and ANSTEAD, JJ., concur.
134-CITE: 472 So.2d 877 IMPERIAL BIRD COMPANY and INA Aetna Insurance Co., Appellants, v. Gale BEYER,
Appellee.
TEXT: WENTWORTH, Judge. Employer carrier seek review of a workers compensation order by which
clai...y commissioner and properly included in computing claimant s average weekly wage. The order
appealed is affirmed. NIMMONS and ZEHMER, JJ., concur.
135-CITE: 472 So.2d 866 WESTINGHOUSE ELECTRIC CORPORATION, Appellant, v. DADE COUNTY, a political
subdivision of the State of Florida d b a Miami Aviation Authority, Appellee.
TEXT: PER CURIAM. The final order awarding attorney s fees on a contractual indemnity theory is
re...v. Bedsole, 374 So.2d 644, 647 (Fla. 4th DCA 1979) (indemnitee required to state cause of
action for contractual indemnity). Reversed and remanded.
136-CITE: 679 So.2d 3 Anthony WARE, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Acting Chief Judge. The instant proceeding is before us pursuant to rule 9.160 of
the.... We affirm the county court s denial of the motion to suppress and answer the certified
question in the negative. FULMER and QUINCE, JJ., concur.
137-CITE: 498 So.2d 954 Garland H. PRIDGEN, Appellant, v. Jean Anne PRIDGEN, Appellee.
TEXT: SANDERLIN, Judge. Husband appeals an order entered subsequent to final judgment of
dissoluti...ceive all proceeds from the insurance company for additional living expenses. We affirm
on all other points. SCHEB, A.C.J., and DANAHY, J., concur.
138-CITE: 671 So.2d 880 TOWN OF GOLDEN BEACH, Appellant, v. BREAKSTONE BEACH PROPERTIES, LTD., Appellee.
TEXT: PER CURIAM. We reverse the trial court s order granting a mandatory temporary injunction.
Th... ecology, or other legitimate public welfare objects of municipal police power. See City of
Daytona Beach Shores v. State, 483 So.2d 405 (Fla.1985).
139-CITE: 617 So.2d 761 Edward C. TIETIG, P.A., Appellant, v. SOUTHEAST REGIONAL CONSTRUCTION CORP.,
Appellee.
TEXT: OWEN, WILLIAM C., Jr., Senior Judge. In this case, its third appearance before this court,
w... of the lien upon the real property described therein. AFFIRMED IN PART, REVERSED IN PART AND
REMANDED. GLICKSTEIN, C.J., and ANSTEAD, J., concur.
140-CITE: 541 So.2d 112 Rebert JONES, et al., Petitioners, v. Arthur E. THOMAS, et al., Respondents.
TEXT: SHAW, Justice. We have for review Thomas v. Jones, 524 So.2d 693 (Fla. 5th DCA 1988), based
...ingly, we quash the opinion of the district court. It is so ordered. EHRLICH, C.J., and
OVERTON, McDONALD, BARKETT, GRIMES and KOGAN, JJ., concur.
141-CITE: 445 So.2d 1107 GREYHOUND LINES, INC., a foreign corporation, Petitioner, v. May JACKSON, as
Personal Representative of the Estate of Caprida Jackson, deceased; and as Personal Representative
of the Estate of Tarrah Jackson, deceased, Respondents.
TEXT: PER CURIAM. By petition for writ of certiorari, we are asked to review an order of the
trial...strike the objectionable interrogatories and to expunge them from the record. DOWNEY and
LETTS, JJ., concur. HURLEY, J., dissents without opinion.
142-CITE: 605 So.2d 885 TIMOTHY BOWSER CONSTRUCTION COMPANY and Cigna Insurance Company, Appellants, v.
Vincent KOWALSKI and Division of Workers Compensation, Appellees.
TEXT: SHIVERS, Judge. The employer carrier (e c) appeal from a final order of the Judge of
Compens...and Claimant to relocate in Colorado. AFFIRMED in part, and REVERSED and REMANDED in
part, with instructions. WIGGINTON and BARFIELD, JJ., concur.
143-CITE: 615 So.2d 818 In the Interest of S.W., a child.
TEXT: ON APPELLEES MOTION TO DISMISS PER CURIAM. The mother appeals from an order which found her
...es may then return to this court and seek dismissal based on that adjudication. IT IS SO
ORDERED. JOANOS, C.J., and ERVIN and ZEHMER, JJ., concur.
144-CITE: 541 So.2d 112 Donald HARPSTER, et ux., et al., Petitioners, v. J.T.A., INC., etc.,
Respondents.
TEXT: SHAW, Justice. We have for review J.T.A., Inc. v. Harpster, 529 So.2d 731 (Fla. 5th DCA
1988...mand for proceedings consistent with this opinion. It is so ordered. EHRLICH, C.J., and
OVERTON, McDONALD, BARKETT, GRIMES and KOGAN, JJ., concur.
145-CITE: 690 So.2d 700 Cheryl L. DEBES, as Trustee, Petitioner, v. The CITY OF KEY WEST, Respondent.
TEXT: SCHWARTZ, Chief Judge. The petitioner is the owner of undeveloped land on North Roosevelt
Bo...decision is quashed and the cause remanded with directions to require the City Commission to
grant the application in question. Certiorari granted.
146-CITE: 620 So.2d 1041 Carl BULLARD, Appellant, v. LAKE COUNTY CODE ENFORCEMENT BOARD, Appellee.
TEXT: PETERSON, Judge. Carl Bullard appeals the circuit court s affirmance of an order of
enforcem...----- (FN1) Section 70.381 of the code prohibits the storage of travel trailers. Bullard,
however, was not charged with a violation of that section.
147-CITE: 605 So.2d 120 FLORIDA DEPARTMENT OF TRANSPORTATION, Appellant Cross Appellee, v. DARDASHTI
PROPERTIES, and Conrad Schaefer, etc., et al., Appellees Cross Appellants.
TEXT: PER CURIAM. Appellant Florida Department of Transportation [FDOT] appeals the final
judgment...ing required to buy its own property in order to widen a roadway. ------------ (FN6) On
appeal, FDOT does not argue that another subsection applies.
148-CITE: 560 So.2d 403 Rafael GARCIA, Appellant, v. Sailly GARCIA, Appellee.
TEXT: PER CURIAM. Rafael Garcia appeals an order setting temporary child support payments and an
o...porary child support award consistent with the child support guidelines as well as section
61.1301, Florida Statutes, and 15 U.S.C. section 1673(b).
149-CITE: 587 So.2d 494 PANAMA CITY HOUSING AUTHORITY, Appellant, v. Ann SOWBY, and Florida Unemployment
Appeals Commission, Appellee.
TEXT: JOANOS, Chief Judge. The Panama City Housing Authority (Authority) appeals an order of the
U...e was not due to misconduct connected with work. Accordingly, the Commission s order is
affirmed in all respects. SMITH and BARFIELD, JJ., concur.
150-CITE: 641 So.2d 131 Richard J. DAVIS, not individually but in his capacity as Bay County Property
Appraiser, Appellant, v. MACEDONIA HOUSING AUTHORITY, Appellee.
TEXT: BARFIELD, Judge. The Bay County property appraiser appeals summary judgments in favor of
Mac...ugh the value of every other parcel in the county has been finally established for the tax
year, want to quibble about what their property is worth.
151-CITE: 573 So.2d 1012 Beth M. HOUSE and Exceletech, Inc., Appellants, v. S.W. WILLIAMS, et al.,
Appellees.
TEXT: HARRIS, Judge. ON EMERGENCY MOTIONS FOR STAY PENDING REVIEW Exceletech, Inc. and Beth M.
Ho...they refuse to respond to discovery or to disclose the location of the original stock
certificate. MOTIONS DENIED. COBB and W. SHARP, JJ., concur.
152-CITE: 546 So.2d 1163 Joel VALDES, Guardian Ad Litem, Appellant, v. S.B. and M.B., Appellees.
TEXT: RYDER, Judge. Appellant seeks review of the trial court s order denying her petition for
inv... carry out the intent of its order. Affirmed in part, reversed in part and remanded with
instructions. CAMPBELL, C.J., and SCHOONOVER, J., concur.
153-CITE: 479 So.2d 794 Ronald POMERANTZ and Bonnie Pomerantz, Appellants, v. WOODLANDS SECTION 8
ASSOCIATION, INC., Appellee.
TEXT: ANSTEAD, Judge. This is an appeal from a final judgment entered in favor of the Woodlands
As...o merit to the other issues raised by appellants. Accordingly, we affirm the judgment of the
trial court. HERSEY, C.J., and GLICKSTEIN, J., concur.
154-CITE: 642 So.2d 626 FLORIDA MANUFACTURED HOUSING ASSOCIATION, INC., Appellant, v. DEPARTMENT OF
REVENUE, Appellee.
TEXT: PER CURIAM. Florida Manufactured Housing Association, Inc. (FMHA) appeals a final
administra... section 193.075(1), Florida Statutes (1993), and would, therefore, have been an
inappropriate basis for assessing real property on January 1, 1994.
155-CITE: 515 So.2d 358 STATE of Florida, DEPARTMENT OF REVENUE, Appellant, v. BONARD ENTERPRISES, INC.,
a Florida corporation, Appellee.
TEXT: PER CURIAM. We affirm the trial court s summary final judgment holding that appellee s
mortg...hnson v. State, 91 So.2d 185 (Fla.1957); White v. Johnson, 59 So.2d 532 (Fla.1952).
Affirmed. CAMPBELL, A.C.J., LEHAN and THREADGILL, JJ., concur.
156-CITE: 485 So.2d 865 METROPOLITAN DADE COUNTY FAIR HOUSING AND EMPLOYMENT APPEALS BOARD, Petitioner,
v. SUNRISE VILLAGE MOBILE HOME PARK, INC., Respondent.
TEXT: BASKIN, Judge. ON REHEARING EN BANC On June 18, 1985, this court denied a Petition for
Writ...rtiorari. (FN5) HUBBART and FERGUSON, JJ., concur. ------------ (FN5) I agree to the
certification of the cause and the issue to the Supreme Court.
157-CITE: 646 So.2d 744 James Joseph HUFF, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. The appellant, James Joseph Huff, was charged along with his father,
James...ld therefore have been granted. Reversed and remanded with instructions that the appellant
be discharged. FRANK, C.J., and ALTENBERND, J., concur.
158-CITE: 658 So.2d 183 Benita STARKS, Appellant, v. The STATE of Florida, Appellee.
TEXT: BASKIN, Judge. Defendant appeals an order imposing restitution in the amount of $2,195.
Purs...cause remanded for entry of a restitution order consistent with this opinion and in keeping
with defendant s ability to pay. Reversed and remanded.
159-CITE: 532 So.2d 685 Willie B. BEAN, Appellant, v. CAREY S RENTAL AGENCY, INC., Appellee.
TEXT: PER CURIAM. Willie B. Bean, the personal representative of his eighteen-month-old son s
esta...ter, Inc. v. Varnado, 480 So.2d 1336 (Fla. 3d DCA 1985); Stahl v. Metropolitan Dade County,
438 So.2d 14 (Fla. 3d DCA 1983). Reversed and remanded.
160-CITE: 455 So.2d 1088 Dell SMITH, Appellant, v. SUNLAND TRAINING CENTER and Division of Risk
Management, Appellees.
TEXT: JOANOS, Judge. Having considered the appellant claimant s motion for clarification or
rehear... issue to appeal, appellant has waived the opportunity for review of that part of the
deputy s order. AFFIRMED. SHIVERS and THOMPSON, JJ., concur.
161-CITE: 430 So.2d 973 YANKEE CONSTRUCTION CORPORATION, Appellant, v. JONES-MAHONEY CORPORATION, Tampa
Port Authority and United States Fidelity and Guaranty Company, Appellees.
TEXT: SCHOONOVER, Judge. This is an appeal from a final judgment dismissing the appellant s
compla...2 So.2d 947 (Fla. 2d DCA 1977). *974 We accordingly reverse and remand for proceedings
consistent herewith. DANAHY, A.C.J., and LEHAN, J., concur.
162-CITE: 584 So.2d 1101 Demetrius Octavius GREEN, a minor, By and Through his Guardian of the Property,
Edward P. SWAN, Esquire, Appellant Cross-Appellee, v. ED RICKE & SONS, INC., a Florida corporation,
Appellee Cross-Appellant.
TEXT: JORGENSON, Judge. The guardian for Demetrius Green, a minor, appeals from a final summary
ju...turned the project over to the owner . . . and it has been accepted by him unless the parties
were dealing with inherently dangerous elements. . . .
163-CITE: 502 So.2d 413 SOUTHERN RECORDS & TAPE SERVICE, et al., Petitioners, v. Murray GOLDMAN, etc.,
Respondent.
TEXT: McDONALD, Chief Justice. We have for review Southern Records & Tape Service v. Goldman, 458
...a proper remedy to prevent the circuit court from exercising jurisdiction it received from a
clearly unconstitutional ordinance. BOYD, J., concurs.
164-CITE: 710 So.2d 748 Philip RADZIWON, Appellant, v. Mary RADZIWON, Appellee.
TEXT: DELL, Judge. Philip Radziwon appeals the trial court s order granting a reduction in
appella...dissents with opinion. STONE, Chief Judge, dissenting. I would affirm on the authority
of Canakaris v. Canakaris, 382 So.2d 1197, 1202 (Fla.1980).
165-CITE: 680 So.2d 599 Paul M. MARTINSON, Appellant, v. BREIT S TOWER SERVICE, INC., and Florida
Unemployment Appeals Commission, Appellees.
TEXT: PER CURIAM. Mr. Martinson appeals an order of the Florida Unemployment Appeals Commission
af...s harmless, as the employees statements were merely cumulative to the employer s statement. See
Murray v. Publix, 434 So.2d 999 (Fla. 4th DCA 1983).
166-CITE: 728 So.2d 288 Robert ATKINS, Appellant, v. STATE of Florida, Appellee.
TEXT: CASANUEVA, Judge. Robert Atkins appeals from a restitution order, claiming the trial court
e...estitution and remand for a new hearing. See Moore; Williams v. State, 645 So.2d 594 (Fla. 2d
DCA 1994). FULMER, A.C.J., and NORTHCUTT, J., Concur.
167-CITE: 511 So.2d 962 METROPOLITAN DADE COUNTY FAIR HOUSING AND EMPLOYMENT APPEALS BOARD, Petitioner,
v. SUNRISE VILLAGE MOBILE HOME PARK, INC., Respondent.
TEXT: McDONALD, Chief Justice. The Third District Court of Appeal has certified the following
ques...state. We erred in Broward County v. La Rosa, 505 S.2d 422 (Fla.1987), and should recede
from the portion which prohibits the assessment of damage.
168-CITE: 679 So.2d 1229 Clifford E. SMILEY and James E. Doane, Co-Trustees, Appellants, v. MANUFACTURED
HOUSING ASSOCIATES III LIMITED PARTNERSHIP, a Florida Limited Partnership, Barnett Bank of South
Florida, N.A., and William Craig Voight, Appellees. MANUFACTURED HOUSING ASSOCIATES III LIMITED
PARTNERSHIP, a Florida Limited Partnership, Appellee Cross-Appellant. v. Clifford E. SMILEY and
James E. Doane, Co-Trustees, Appellants Cross-Appellees.
TEXT: FULMER, Judge. This case involves a purchase money note and first mortgage encumbering a
sec...vor of the Trustees in case no. 90-3997-CA-01. Affirmed in part and reversed in part with
directions. SCHOONOVER, A.C.J., and WHATLEY, J., concur.
169-CITE: 550 So.2d 43 Gail E. SHELOW, Appellant, v. William T. SHELOW, Jr., Appellee.
TEXT: PER CURIAM. Gail Shelow raises several issues in this appeal from a final judgment of
dissol...usband is reversed and on all three points the cause is remanded for further consistent
proceedings. In all other respects the judgment is affirmed.
170-CITE: 755 So.2d 710 Lorraine Abruzzo GUMBERG, Appellant Cross-Appellee, v. Andrew Donald GUMBERG,
Appellee Cross-Appellant.
TEXT: WARNER, C.J. In its final judgment of dissolution, the trial court determined that the
husba... the wife and for further proceedings on the issues reserved in the final judgment.
STEVENSON, J., and CONNER, BURTON, C., Associate Judge, concur.
171-CITE: 715 So.2d 955 AMERICANA ASSOCIATES, LTD, Appellant, v. WHUD REAL ESTATE LIMITED PARTNERSHIP,
etc., Appellee.
TEXT: GOSHORN, Judge. Appellees filed suit to foreclose Appellant s mortgage. To defeat the
forecl...MED. PETERSON and THOMPSON, JJ., concur. ------------ (FN1) We address only this issue as
it disposes of Appellant s remaining arguments on appeal.
172-CITE: 734 So.2d 1067 Elise MITCHELL, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, J. Appellant, Elise Mitchell, seeks review of an order denying her motion for
postcon...ed by the deficient performance. AFFIRMED in part, REVERSED in part, and REMANDED for
further proceedings. BARFIELD, C.J., and JOANOS, J., CONCUR.
173-CITE: 442 So.2d 344 Joanne P. SNIDER and Sue M. Gesaman, Appellants, v. Robert GRODETZ; Leo
Kozlowski; Grace Clark and Connie Show, Appellees.
TEXT: COWART, Judge. The issue in this case is whether a motor home recreational vehicle falls
wit... Section 1, ch. 78-221 with Section 1, ch. 70-391. (FN4) See Moore v. Stevens, 106 So. at
903-04; Baggett v. Boege, 264 So.2d 97 (Fla. 2d DCA 1972).
174-CITE: 474 So.2d 299 Robert D. CHILD, Appellant, v. Robin J. CHILD, Appellee.
TEXT: SCHWARTZ, Chief Judge. Both former spouses appeal from respectively adverse rulings of a
tri... drawn rendered him entirely disqualified in this case. See Lackow v. Walter E. Heller &
Company Southeast, Inc., 466 So.2d 1120 (Fla. 3d DCA 1985).
175-CITE: 642 So.2d 630 Valencia JACKSON, Appellant, v. LANDMARK LEARNING CENTER and Division of Risk
Management, Appellees.
TEXT: LAWRENCE, Judge. Claimant Valencia Jackson (Jackson) appeals a workers compensation order
de...d REVERSE and REMAND in part, with instructions that the JCC adjust Jackson s AWW and
compensation rate accordingly. JOANOS and DAVIS, JJ., CONCUR.
176-CITE: 480 So.2d 683 Charles Richard MARTIN, Appellant Cross-Appellee, v. Judith Kay MARTIN, Appellee
Cross-Appellant.
TEXT: DAUKSCH, Judge. The former husband appeals from an order modifying the child support
provisi... Wanstall v. Wanstall, 427 So.2d 353 (Fla. 5th DCA 1983); Johnson v. Johnson, 386 So.2d 14
(Fla. 5th DCA), review denied, 392 So.2d 1375 (Fla.1980).
177-CITE: 507 So.2d 1136 Obdulia MARTIN, Appellant, v. Andres MARTIN, Appellee.
TEXT: PER CURIAM. Upon dissolution of marriage, the wife was awarded possession of the marital
hom...ning in the marital home, neither the cohabitation nor remarriage of the custodial parent
should cause their dispossession. JORGENSON, J., concurs.
178-CITE: 633 So.2d 1198 James Armstrong VIA, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. James Armstrong Via appeals an order finding him guilty of indirect criminal
co..., was not contempt of court. Therefore, we reverse Via s conviction for indirect criminal
contempt. SCHOONOVER, A.C.J., and ALTENBERND, J., concur.
179-CITE: 471 So.2d 111 In the Interest of L.R.O. and A.W.O., Both Children, Appellant, v. STATE of
Florida, Appellee.
TEXT: WENTWORTH, Judge. By this appeal review is sought of an order of permanent commitment for
th...n a performance agreement as mandated by Section 409.168, Florida Statutes. The order appealed
is reversed. ERVIN, C.J., and BARFIELD, J., concur.
180-CITE: 454 So.2d 564 Gerald L. PIERSTORFF, Appellant, v. James M. STROUD, Alva Pope, and John B.
Johnson, individually and as Trustees of the Stroud Construction Company Pension Plan, Appellees.
TEXT: SCHEB, Judge. In this case the plaintiff filed a notice of trial in the circuit court on
Dec...rder dismissing plaintiff s cause for lack of prosecution and remand with directions to
reinstate the cause. GRIMES, A.C.J., and LEHAN, J., concur.
181-CITE: 667 So.2d 980 STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant,
v. Steve MAXWELL, Appellee.
TEXT: STEVENSON, Judge. This is an appeal from an order of the circuit court holding the
Departmen...isite for their validity and the record must support those elements). Accordingly, the
order of contempt is REVERSED. DELL and STONE, JJ., concur.
182-CITE: 586 So.2d 467 Harry B. SMITH and Robert Levy, etc., Appellants, v. Phyllis SILBERMAN,
Appellee.
TEXT: PER CURIAM. The decedent s estate appeals an order finding the deceased made an inter vivos
...state s proffered evidence was therefore reversible error. Accordingly, we reverse and remand
for further proceedings consistent with this opinion.
183-CITE: 677 So.2d 4 Betty Dunn STARLING, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. Betty Dunn Starling appeals the judgment and sentence adjudicating her
guil...ith the intent to appropriate the property to her own use. Section 812.014, Fla.Stat We
affirm. AFFIRMED. PETERSON, C.J. and W. SHARP, J., concur.
184-CITE: 532 So.2d 10 SUNCOAST STEEL CORPORATION, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS
COMMISSION, and David B. Clifton, Appellees.
TEXT: CAMPBELL, Chief Judge. Suncoast Steel challenges the Florida Unemployment Appeals
Commission...r of the UAC and hold that Clifton is not entitled to benefits and direct that the
order of the referee be reinstated. LEHAN and HALL, JJ., concur.
185-CITE: 468 So.2d 438 PUNTA GORDA PINES DEVELOPMENT, INC., a Florida corporation, Appellant, v. SLACK
EXCAVATING, INC., a Florida corporation, Appellee.
TEXT: GRIMES, Acting Chief Judge. Appellant seeks reversal of an order granting appellee s motion
...efore default is entered. Fla.R.Civ.P. 1.500(c). We reverse the order of default and remand for
further proceedings. SCHEB and FRANK, JJ., concur.
186-CITE: 527 So.2d 288 Mary E. WAGENHEIM, Appellant Cross-Appellee, v. Charles WAGENHEIM, Appellee
Cross-Appellant.
TEXT: PER CURIAM. Mary and Charles Wagenheim appeal and cross-appeal from a final judgment of
diss... in the home to wife as lump sum alimony). Subject to this modification, we affirm the final
judgments. Reversed in part; remanded with directions.
187-CITE: 675 So.2d 689 Jay BLUMETTI, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: W. SHARP, Judge. Blumetti appeals from the decision of the Unemployment Appeals Commission,
...as having caused his termination. These two instances were as much Alamo s fault as Blumetti s.
REVERSED. PETERSON, C.J., and GOSHORN, J., concur.
188-CITE: 474 So.2d 1290 CITY OF CLEARWATER, Appellant, v. Amza D. ABDULLAJ and Bakije F. Abdullaj,
husband and wife; and Neim B. Abdullaj and Enverije S. Abdullaj, husband and wife, Appellees.
TEXT: HALL, Judge. This is an appeal from a final declaratory judgment granting the Abdullaj
famil...l utilization of the property as permitted by the applicable zoning and land-use
classifications. AFFIRMED. GRIMES, A.C.J., and SCHEB, J., concur.
189-CITE: 502 So.2d 8 Janeta FITTERMAN, Appellant, v. Monas F. FITTERMAN a k a Wayne Fitterman,
Appellee.
TEXT: ON MOTION FOR REHEARING DOWNEY, Judge. Appellant s petition for rehearing is granted and
ou...and make sufficient findings of fact to support his conclusion regarding the appropriate award
of temporary alimony. DELL and GUNTHER, JJ., concur.
190-CITE: 668 So.2d 1007 Arnold Leon PRATT, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: MICKLE, Judge. Arnold L. Pratt, Jr., the appellant, challenges his conviction for attempted
...AL? The appellant s conviction is REVERSED and the case is REMANDED for further proceedings in
accordance with Gray. BOOTH and MINER, JJ., concur.
191-CITE: 444 So.2d 520 Kelly Scott WAGERS, Appellant, v. Janet S. WAGERS, Appellee.
TEXT: SHIVERS, Judge. The sole issue in this dissolution action is whether the lower court erred
i...ony. The husband has not shown the trial court abused its discretion. AFFIRMED. MILLS, J.,
concurs. ZEHMER, J., dissents without written opinion.
192-CITE: 689 So.2d 1205 THE GAP, INC., Appellant, v. BRAZILIAN BEAT TOUR, INC., etc., et al.,
Appellees.
TEXT: SCHWARTZ, Chief Judge. The Gap, a tenant at a shopping center, sued the landlords and the
up... Lock Scaffolding Rental Equip. Co., 374 So.2d 487 (Fla.1979); University Plaza Shopping Ctr.,
Inc. v. Stewart, 272 So.2d 507 (Fla.1973). Affirmed.
193-CITE: 573 So.2d 1024 Thelma A. ROBINSON, f k a Thelma A. Wilson, Appellant, v. CITY OF TAMPA,
Appellee.
TEXT: ALTENBERND, Judge. Mrs. Robinson appeals an order denying her motion for relief from a
judgm...ner v. Blackwelder, 181 So.2d 373 (Fla. 3d DCA 1965), cert. denied, 188 So.2d 814
(Fla.1966). Affirmed. DANAHY, A.C.J., and PATTERSON, J., concur.
194-CITE: 509 So.2d 940 RANGER INSURANCE COMPANY, a foreign corporation, Appellant, v. BAL HARBOUR CLUB,
INC., Appellee.
TEXT: NESBITT, Judge. Ranger Insurance Company (Ranger) appeals a final summary judgment entered
i...ch are specifically prohibited by the constitution and penal laws, for the reason that to do so
clearly contravenes the public policy of this state.
195-CITE: 536 So.2d 1107 Marietta MITCHELL, Appellant, v. Felix J. MITCHELL, Appellee.
TEXT: LETTS, Judge. The ex-wife appeals the dismissal of her petition for modification of
alimony....reverse the trial judge s order and remand for further proceedings in accordance
herewith. REVERSED AND REMANDED. ANSTEAD and WALDEN, JJ., concur.
196-CITE: 455 So.2d 373 Dean FORSBERG and Walter Freeman, Appellants, v. The HOUSING AUTHORITY OF the
CITY OF MIAMI BEACH and Murray Gilman, Executive Director, Appellees.
TEXT: PER CURIAM. Dean Forsberg and Walter Freeman, tenants in public housing operated by the
Miam...so Cox Broadcasting Corp. v. Cohn, 420 U.S. 469, 95 S.Ct. 1029, 43 L.Ed.2d 328 (1975);
Restatement (Second) of Torts, Section 652B comment c (1976).
197-CITE: 633 So.2d 533 STATE of Florida, Appellant, v. Daniel L. CARLEY, Appellee.
TEXT: PATTERSON, Judge. This appeal arises from the order which grants the appellee s motion to
su...idence was legally obtained during the encounter and should not have been suppressed. Reversed
and remanded. HALL, A.C.J., and PARKER, J., concur.
198-CITE: 546 So.2d 744 Phyllis I. REAVES, Appellant, v. Robert S. REAVES, JR., Appellee.
TEXT: SCHEB, Acting Chief Judge. On November 6, 1987, this court ordered the trial court to
conduc...7. On remand, the cause shall be heard de novo by a circuit court judge other then Judge
Rives or Judge Andrews. RYDER and ALTENBERND, JJ., concur.
199-CITE: 604 So.2d 1244 Zivadin S. KRSTIC, et al., Appellants, v. Gianna Milito KRSTIC, Appellee.
TEXT: PER CURIAM. The husband appeals from a final judgment of dissolution of marriage. For the
fo...possibility that should the law change, such relief may be available to the children. Affirmed
in part; reversed in part; remanded with directions.
200-CITE: 542 So.2d 1021 Vicki L. GLINSKY, Appellant, v. Patrick X. GLINSKY, Appellee.
TEXT: PER CURIAM. A 36-year-old ex-wife appeals from the financial arrangements established by a
f...e. Affirmed in part, reversed in part, and remanded for proceedings consistent herewith.
SCHOONOVER, A.C.J., and LEHAN and PATTERSON, JJ., concur.
201-CITE: 449 So.2d 388 Barbara G. SANTIAGO, etc., Appellants, v. Edward ALLEN and Dorothy Allen,
Appellees.
TEXT: PER CURIAM. We affirm the summary final judgment entered in favor of defendants, the
Allens,... violation of state liquor laws, thus, over-ruling Barton on that point.). The summary
judgment in favor of the defendants is accordingly affirmed.
202-CITE: 707 So.2d 874 AMERICAN CAPITAL NETWORK and Robert Schlein, Appellants, v. COMMAND CREDIT
CORPORATION, Appellee.
TEXT: RAMIREZ, JUAN, Jr., Associate Judge. This is an appeal from a final judgment entered
ex-part...condemned in Special s Trading Co. v. International Consumer Corp., 701 So.2d 422 (Fla.
4th DCA 1997). REVERSED. GUNTHER and SHAHOOD, JJ., concur.
203-CITE: 705 So.2d 1026 ORANGE COUNTY SCHOOL BOARD and United Self Insured Services, Appellants, v.
Maureen MUSCANELL, Appellee.
TEXT: KAHN, Judge. In this workers compensation case, the Judge of Compensation Claims (JCC)
found...statute alters traditional understanding of wage calculation in Florida workers compensation
law. REVERSED. BARFIELD, C.J., and DAVIS, J., concur.
204-CITE: 745 So.2d 1077 Sue S. LEVIN, Appellant Cross-Appellee, v. David H. LEVIN, Appellee
Cross-Appellant.
TEXT: BROWNING, J. We affirm, without further comment, five of the eight issues raised in this
app...he agreement s broad language, I conclude that the trial court did not abuse its discretion by
awarding the former wife $20,000 in lump sum alimony.
205-CITE: 505 So.2d 422 BROWARD COUNTY, etc., Petitioners, v. John LA ROSA, Respondent.
TEXT: McDONALD, Chief Justice. We have for review Broward County v. La Rosa, 484 So.2d 1374 (Fla.
... courts of appeal, circuit courts and county courts. No other courts may be established by the
state, any political subdivision or any municipality.
206-CITE: 596 So.2d 1259 James C. KIRKLAND, Appellant, v. NORTHWEST FLORIDA REGIONAL HOUSING AUTHORITY
and Travelers Insurance Company, Appellees.
TEXT: SHIVERS, Judge. This appeal is from a workers compensation order denying bad faith attorney
...t the treating physician s opinion was reasonable. REVERSED and REMANDED for further proceedings
consistent herewith. MINER and WOLF, JJ., concur.
207-CITE: 720 So.2d 1083 Percy BOWE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Percy Bowe (Bowe), appeals the lower court s final judgment of conviction and
se...d 1062 (Fla. 3d DCA 1988); Fortney v. State, 510 So.2d 967 (Fla. 5th DCA 1987). We reverse and
remand with instructions to discharge the defendant.
208-CITE: 647 So.2d 146 The SOUTHLAND CORPORATION and Kemper National Insurance Company, Appellants, v.
Jean REID, Appellee.
TEXT: ORDER The Court sua sponte corrects the name of appellee in the caption of this case, as
ref...ars would be a generous estimate, taking into account Reid s occasional contributions to food
and repairs, which claimant testified were infrequent.
209-CITE: 454 So.2d 703 Wilbur Eugene BAYES, Appellant, v. STATE of Florida, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from a judgment and sentence entered upon a
...cing pursuant to Section 39.111(6) under the mandate of Rhoden. Affirmed in part, reversed in
part, and remanded. SHIVERS and JOANOS, JJ., concur.
210-CITE: 723 So.2d 290 In the Interest of M.F.G., et al., Appellant, v. DEPARTMENT OF CHILDREN AND
FAMILIES, The State of Florida, and The Guardian Ad Litem Program, Appellees.
TEXT: GERSTEN, Judge. The natural mother ( D.H.G. ) appeals an order terminating her parental
righ...11 So.2d at 191; Hardy v. Dep t of Health and Rehabilitative Servs., 568 So.2d at 1316.
Accordingly, the order entered below is affirmed. Affirmed.
211-CITE: 506 So.2d 389 THE FLORIDA BAR, Complainant, v. Eugene COLLIER, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding against Eugene Collier is before us on complaint
of...dent, for which sum let execution issue. It is so ordered. McDONALD, C.J., OVERTON, EHRLICH,
SHAW and BARKETT, JJ., and ADKINS, J. (Ret.), concur.
212-CITE: 437 So.2d 785 Anne MAYBERRY, Appellant, v. Edward E. MAYBERRY, Appellee.
TEXT: DANAHY, Judge. In this dissolution of marriage case the wife challenges certain financial
aw... that extent. In all other respects, the final judgment is affirmed. AFFIRMED in part and
REVERSED in part. OTT, C.J., and SCHOONOVER, J., concur.
213-CITE: 517 So.2d 786 The CITY OF TAMPA, a political subdivision of the State of Florida, and The
Tampa City Council, in its capacity as zoning authority for the City of Tampa, Petitioners, v.
Stephen SPETH, Respondent.
TEXT: PER CURIAM. The City of Tampa petitions this court for a writ of certiorari to review an
ord...s to rescind its order overturning the City of Tampa s denial of the request for rezoning.
CAMPBELL, A.C.J., and LEHAN and THREADGILL, JJ., concur.
214-CITE: 547 So.2d 154 Nathan J. RAKITA and Rose C. Forman and Southeast Bank, N.A., as Co-Personal
Representatives of the Estate of Harry Forman, Deceased, Appellants, v. Richard A. ROSE, Appellee.
TEXT: JORGENSON, Judge. In their consolidated appeal, (FN1) Nathan Rakita, Rose Forman and
Southea...directed verdict and, on remand, direct that judgment for the defendants be entered on the
directed verdict. Reversed and remanded with directions.
215-CITE: 542 So.2d 1343 Cheryl L. WELK, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Justice. We have for review an order entered pursuant to the Florida Mental Health
A...y, the court was convinced that appellant did not need to be confined in a mental hospital if
alternative housing in a boarding home could be found.
216-CITE: 462 So.2d 604 Betty Sue PREVATT, Appellant, v. Jimmy Carroll PREVATT, Appellee.
TEXT: RYDER, Chief Judge. The respondent wife in this dissolution proceeding appeals the final
jud...46 (Fla. 2d DCA 1978); Nivens v. Nivens, 312 So.2d 201 (Fla. 2d DCA 1975). Affirmed in part;
reversed in part. GRIMES and SCHOONOVER, JJ., concur.
217-CITE: 731 So.2d 748 Becky S. TORREY, etc., Appellants Cross-Appellees, v. LEESBURG REGIONAL MEDICAL
CENTER, et al., Appellees Cross-Appellants.
TEXT: HARRIS, J. The underlying issue in this appeal is whether a complaint filed by an attorney
n... Florida Bar examination that is authorized to practice in this state, not every lawyer in the
firm with which he is connected. This case shows why.
218-CITE: 750 So.2d 38 In Interest of K.C.C., K.M.C., and K.J.C., Children. J.L.C. and C.L.H.C.,
Appellants, v. State of Florida, Department of Children and Family Services, Appellee.
TEXT: BLUE, Judge. J.L.C. and C.L.H.C., the parents of three children, appeal the termination of
t...eration made it impossible. See In re E.L.H., 687 So.2d 924 (Fla. 2d DCA 1997). The Mother,
however, did not raise this argument below or on appeal,
219-CITE: 541 So.2d 1160 LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 478, Petitioner, v.
Myrtice BURROUGHS, Respondent.
TEXT: GRIMES, Justice. Pursuant to article V, section 3(b)(3), of the Florida Constitution, we
acc...icial power, which must be exercised within the court system of this state--not by multiple
boards created by Florida s municipalities and counties.
220-CITE: 535 So.2d 696 STATE of Florida, Appellant, v. In re GRAND JURY, FALL TERM 1986, PRESENTMENT
DATED JULY 29, 1987, Blaine LeCouris, Appellee.
TEXT: SCHEB, Acting Chief Judge. The State appeals an order expunging a portion of a grand jury s
...t have expunged based on LeCouris proffer. Reversed and remanded for proceedings consistent with
this opinion. THREADGILL and PARKER, JJ., concur.
221-CITE: 711 So.2d 582 James R. RAUCH, Appellant, v. Rebecca B. RAUCH, Appellee.
TEXT: PER CURIAM. Appellant, James Rauch (the Father ), timely appeals from an order that failed
t... s order and remand with instructions to enforce the Texas order awarding custody to the Father.
REVERSED. GUNTHER, FARMER and KLEIN, JJ., concur.
222-CITE: 545 So.2d 359 Jerome GREEN, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING THREADGILL, Acting Chief Judge. The motion for rehearing by
appella...arm, aggravated battery, kidnapping and resisting arrest with violence. Reversed in part;
affirmed in part. PATTERSON and ALTENBERND, JJ., concur.
223-CITE: 477 So.2d 621 ORANGE COUNTY, Florida, a political subdivision of the State of Florida,
Petitioner, v. R.G. GARDNER and Eugene Bernard, Respondents.
TEXT: PER CURIAM. The petition for writ of certiorari is hereby DENIED. ORFINGER and UPCHURCH,
J..., 97 So.2d 473 (Fla.1957), cert. denied, 355 U.S. 957, 78 S.Ct. 543, 2 L.Ed.2d 532 (1958). *624
Board s rezoning to A-1 and RCE-2 for this property.
224-CITE: 434 So.2d 997 Charles DAHDAH and Jorge Gomez, Appellants, v. CONTINENT REALTY, INC. and
Rodriguez Realty & Mortgage Company, Appellees.
TEXT: PER CURIAM. Charles Dahdah, the owner of certain property, and Jorge Gomez, the putative
pur...led that out in the contract. Id. at 1198. Accordingly, the judgment under review is reversed
with directions to enter judgment for the appellants.
225-CITE: 751 So.2d 1283 Alejandro J. CLAUDIO, Appellant, v. Ana M. CLAUDIO, Appellee.
TEXT: GRIFFIN, J. Appellant, Alejandro J. Claudio [ husband ], seeks review of aspects of a final
...of the first judgment, the lower court should act immediately to correct the judgment. REVERSED
and REMANDED. W. SHARP, and THOMPSON, JJ., concur.
226-CITE: 591 So.2d 302 GILLEY TRUCKING COMPANY and Georgia Casualty & Surety Company, Appellants, v.
Elbie D. MORRELL, Appellee.
TEXT: PER CURIAM. Appellants challenge a workers compensation order awarding the cost of
construct...ggest that an Enabler II or its equivalent would not be appropriate in another case.
Accordingly, we AFFIRM. ERVIN, SMITH and ALLEN, JJ., concur.
227-CITE: 463 So.2d 1216 TALLAHASSEE HOUSING AUTHORITY, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS
COMMISSION, and Connell Barron, Appellees.
TEXT: WIGGINTON, Judge. Appellant, Tallahassee Housing Authority, an employer, appeals an order
of...ecision of the appeals referee is supported by competent substantial evidence and I would
reverse Commission s order overruling the appeals referee.
228-CITE: 504 So.2d 1332 COHEN-AGER, INC., a Florida corporation and Metropolitan Dade County, a
political subdivision of the State of Florida, Appellants, v. STATE of Florida DEPARTMENT OF
REVENUE, Appellee.
TEXT: JOANOS, Judge. In this administrative appeal, appellants, Cohen-Ager, Inc., and
Metropolitan...the documentary stamp tax assessed on the warranty deed. The Final Order of the
Department of Revenue is affirmed. MILLS and SHIVERS, JJ., concur.
229-CITE: 459 So.2d 418 TOWN OF ORANGE PARK, Appellant, v. Gerald F. POPE, and Martin K. Oberdeck,
Appellees.
TEXT: BARFIELD, Judge. The Town of Orange Park appeals the final judgment of the circuit court
enj...roperly substituted his judgment for that of the zoning authority. The decision of the trial
court is REVERSED. JOANOS and WIGGINTON, JJ., concur.
230-CITE: 582 So.2d 95 John SCARBROUGH, Appellant, v. Jimmy W. MEEKS, Sr., and Tonia Scarbrough Meeks,
his wife, Appellee.
TEXT: PER CURIAM. Appellant, John Scarbrough, seeks review of an order entering a permanent
injunc... choose to file, together with compliance with rule 1.440. AFFIRMED in part, REVERSED in
part, and REMANDED. ERVIN, ZEHMER and MINER, JJ., concur.
231-CITE: 623 So.2d 831 Clarence GREGG, Appellant, v. Agatha S. GREGG, Appellee.
TEXT: FARMER, Judge. In this dissolution of marriage case, the trial court found that the house
oc...n, non-marital property must necessarily include an express finding as to the value of such use
and an appropriate offsetting credit for that value.
232-CITE: 624 So.2d 294 Robert GORDON, et al., Appellants, v. FLAMINGO HOLDING PARTNERSHIP, et al.,
Appellees.
TEXT: JORGENSON, Judge. This is an appeal from a final judgment of foreclosure arising from the
sa...perty notwithstanding its transfer to the Flamingo Holding Partnership, and that the equitable
lien is superior to the lien of Irving Trust Company.
233-CITE: 478 So.2d 93 Dennis M. BILL, Appellant, v. Clara BILL, Appellee.
TEXT: SCHOONOVER, Judge. The husband, Dennis M. Bill, appeals from a final judgment entered in a
d...d remand for reconsideration of the child support award. Affirmed in part, reversed in part and
remanded. CAMPBELL, A.C.J., and FRANK, J., concur.
234-CITE: 432 So.2d 607 GENERAL ELECTRIC CREDIT CORPORATION, Appellant, v. AIR FLOW INDUSTRIES, INC.,
Gene A. Latham and Jerry L. Latham, Appellees.
TEXT: SCHWARTZ, Chief Judge. Air Flow Industries, Inc. contracted to build a swimming pool for
Mr.... you by reason of such breach. Upon any such payment by us, the applicable account shall be
re-assigned by you to us without recourse of warranty.
235-CITE: 451 So.2d 545 BLOSAM CONTRACTORS, INC., a k a Blossam Construction, a Florida corporation, and
National Fire Insurance Company of Hartford, a Connecticut corporation, Appellants, v. Randy JOYCE,
d b a Backhoe of Florida, Appellee.
TEXT: OTT, Chief Judge. Blosam Contractors, Inc., a general contractor on a municipal
construction...egation that any responsible official of the corporation ever received the notice.
Bowen v. Merlo, supra. AFFIRMED. DANAHY and LEHAN, JJ., concur.
236-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.
237-CITE: 580 So.2d 304 In the Interest of J.R.R., III, a minor child, Appellant, v. DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES and Guardian Ad Litem of J.R.R., III, Appellees.
TEXT: PER CURIAM. Appellant, on this appeal, challenges the termination of his parental rights
ove...ote that it is the intent of Florida law that no child should remain in foster care longer
than one year. Section 39.45(2), Florida Statutes (1989).
238-CITE: 432 So.2d 86 The GREEN COMPANIES, a corporation, and Allstate Insurance Company, a foreign
corporation, Appellants, v. Nicholas DIVINCENZO and Mary Jane Divincenzo, his wife, Appellees.
TEXT: PER CURIAM. Plaintiff Nicholas DiVincenzo was a tenant in an office complex known as
Dadelan...st to the present case would call for a holding that the defendants motion for a directed
verdict should have been granted. I respectfully dissent.
239-CITE: 740 So.2d 27 Clifford Donell WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: VAN NORTWICK, J. Clifford Donell Williams appeals his conviction and sentences for burglary
... appellant s motion for judgment of acquittal. REVERSED and REMANDED with directions that
appellant be discharged. ALLEN AND WEBSTER, JJ., CONCUR.
240-CITE: 550 So.2d 127 PBP HOLDINGS, INC., Appellant, v. The DEPARTMENT OF REVENUE and Metropolitan
Dade County, Appellees.
TEXT: SCHWARTZ, Chief Judge. The issue in this case is whether the grantee of a single clerk s
dee...es the law we, as an appellate court, have no authority to do so. (See Marshall v. State,
Fla.App 1st 1974, 301 So.2d 477). McCoy, 302 So.2d at 444.
241-CITE: 453 So.2d 402 John W. MIKOS, Property Appraiser of Sarasota County, Florida, et al.,
Petitioners, v. SARASOTA CATTLE COMPANY and Charles E. Early, Respondents.
TEXT: BOYD, Chief Justice. We have for review a decision of a district court of appeal, Sarasota
C.... The decision of the district court of appeal is approved. It is so ordered. ADKINS,
OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.
242-CITE: 498 So.2d 651 DICKERSON INC., and Aetna Casualty & Surety Company, Appellants, v. Frederick D.
McCLEARY, Appellee.
TEXT: WENTWORTH, Judge. Appellants, employer carrier, seek review of a workers compensation order
...ation of appellee s average weekly wage on the basis of his wage for service rendered (e.s.)
under the statute. BOOTH, C.J., and MILLS, J., concur.
243-CITE: 691 So.2d 563 PETERSON HOMES, INC., a Florida Corporation, Appellant, v. Karen Ray JOHNSON,
Appellee.
TEXT: THOMPSON, Judge. Peterson Homes, Inc., appeals from an order dismissing its breach of
contra...act and in full settlement of any claims; whereupon Buyer and Seller shall be relieved of
all obligations under this contract (emphasis supplied).
244-CITE: 588 So.2d 64 A. HARRISON, a minor child, and L. Harrison, her natural mother and guardian,
Appellants, v. HOUSING RESOURCES MANAGEMENT, INC., a D.C. corporation, registered to do business in
Florida, Appellee.
TEXT: ALLEN, Judge. In this premises liability case, the appellants, L. Harrison and A. Harrison,
...nying the appellants motion for new trial is reversed and this case is remanded for a new trial
on all issues. JOANOS, C.J., and BOOTH, J., concur.
245-CITE: 591 So.2d 1130 In the Interest of R., CHILDREN.
TEXT: PER CURIAM. The natural mother appeals two final judgments terminating her parental rights
a... of the child. We cannot help the one and shall not harm the other. J.L.P., 416 So.2d at 1253.
GLICKSTEIN, C.J., and STONE and FARMER, JJ., concur.
246-CITE: 449 So.2d 980 Jack YOUNG, Appellant, v. Kathryn YOUNG, Appellee.
TEXT: MILLS, Judge. In this dissolution action, Jack Young appeals from the trial court s order
mo...v. Roberts, 283 So.2d 396 (Fla. 1st DCA 1973). REVERSED and REMANDED for proceedings
consistent with this opinion. SMITH and NIMMONS, JJ., concur.
247-CITE: 550 So.2d 145 Charlene AMMONS, Appellant, v. Charles and Johnnie Ola HATHAWAY, Appellees.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order entered upon her petition for
permanent...position in accordance with chapter 39, Florida Statutes. The order appealed is
reversed and the cause remanded. ERVIN and WIGGINTON, JJ., concur.
248-CITE: 468 So.2d 532 NN INVESTORS LIFE INSURANCE COMPANY, Appellant, v. The PROFESSIONAL GROUP, INC.,
Appellee.
TEXT: PER CURIAM. The Professional Group, Inc. (PGI) recovered a money judgment after a jury
trial... to enter judgment for NNI on its motions for judgment notwithstanding the verdict and for
directed verdict. Reversed and remanded with directions.
249-CITE: 676 So.2d 72 Gillies BOSKET, Appellant Cross-Appellee, v. BROWARD COUNTY HOUSING AUTHORITY,
Appellee Cross-Appellant.
TEXT: PER CURIAM. This is an appeal and cross-appeal arising out of an order directing a verdict
a...o abuse of discretion in the trial court s evidentiary rulings regarding the two fire
extinguishers. GLICKSTEIN, PARIENTE and SHAHOOD, JJ., concur.
250-CITE: 605 So.2d 525 Susan K. REYNOLDS, Appellant, v. Martin J. DIAMOND, Appellee.
TEXT: PER CURIAM. Appellant Susan Reynolds (Wife) appeals the trial court s order granting Martin
...cord, thereby eliminating the need for an additional evidentiary hearing. GLICKSTEIN, C.J.,
ANSTEAD, J., and HOY, JOHN J., Associate Judge, concur.
251-CITE: 690 So.2d 1341 Martha RAE a k a Mrs. Ian Nicholas Rae, Appellant, v. John F. FLYNN, M.D.,
Appellee.
TEXT: GERSTEN, Judge. Appellant, Martha Rae ( Rae ), appeals both an order denying her an
injuncti...y Code provides that when the court adjudges an animal to be a nuisance the animals may
be removed and or seized by the [Animal Control] Department.
252-CITE: 664 So.2d 1150 Kent Harrison ROBBINS, Appellant, v. CITY OF MIAMI BEACH, Appellee.
TEXT: GREEN, Judge. Kent Harrison Robbins appeals the dismissal with prejudice of his complaint
fi...order of dismissal with prejudice is reversed and the cause remanded with directions to enter a
dismissal without prejudice. Reversed and remanded.
253-CITE: 622 So.2d 187 Roberto ALONSO, et al., Appellants, v. ARABEL, INC., et al., Appellees.
TEXT: PER CURIAM. In these consolidated appeals, claimants argue for the reversal of the Florida
U...y no means, translates into their use being a requirement under procedural due process concepts.
Accordingly, the orders under review are affirmed.
254-CITE: 543 So.2d 249 J. ALLEN, INC., Appellant Cross-Appellee, v. CASTLE FLOOR COVERING, INC., and
Lawyers Surety Corporation, Appellees Cross-Appellants.
TEXT: DANAHY, Judge. This case involves complex contract litigation between the general
contractor.... The cause is remanded for entry of an order in favor of Castle for the balance due
under the addenda. CAMPBELL, C.J., and THREADGILL, J., concur.
255-CITE: 464 So.2d 677 In the Interest of T.S., a child, Carolyn Elaine Smith, Appellant, v. STATE of
Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: COWART, Judge. This is an appeal by a mother from an order permanently terminating her
paren... can with her and her problems. The order permanently terminating the mother s parental
rights is REVERSED. COBB, C.J., and DAUKSCH, J., concur.
256-CITE: 646 So.2d 742 James John HUFF, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. James John Huff (Huff) was charged with RICO violations, conspiracy to
com...lity crimes and specific intent crimes. Even without the specific intent crimes, there are
sufficient predicate acts to support the RICO conviction.
257-CITE: 430 So.2d 475 FRANKLIN COUNTY, a political subdivision of the State of Florida, and Corey
Henriksen, the Building Official of Franklin County, Appellants, v. LEISURE PROPERTIES, LTD., a
Florida limited partnership, by Gene D. BROWN and John R. Stocks, as its General Partners and
Musgrave Development, Inc., a Florida corporation, Appellees.
TEXT: PER CURIAM. Franklin County appeals summary judgments granted Leisure Properties, Ltd.
(Leis...D for proceedings consistent with this opinion. LARRY G. SMITH, J., and McCORD, GUYTE P.,
Jr., and SHAW, LEANDER J., Jr., Associate Judges, concur.
258-CITE: 637 So.2d 331 Douglas J. EEN, Appellant Cross-Appellee, v. Everett S. RICE, Sheriff, Pinellas
County, Appellee Cross-Appellant.
TEXT: PER CURIAM. The appellant, Douglas J. Een, challenges the trial court s final order denying
...al as to the issues of liability and damages. Reversed and remanded with instructions.
SCHOONOVER, A.C.J., and PARKER and ALTENBERND, JJ., concur.
259-CITE: 742 So.2d 401 THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellant, v. I.C., a minor
child, Appellee.
TEXT: WARNER, C.J. During a statutory review of a juvenile dependency case, the trial judge
discov...t the assessment center. We reverse the production of records and the entry of the
injunction against the Department. STONE and POLEN, JJ., concur.
260-CITE: 467 So.2d 758 Thomas R. POST, Shlomo Yeminy and Amy Yeminy, Appellants, v. DADE COUNTY, a
political subdivision o