Asbestos,Amphibole,Chrysotile,Tremolite
Results 1-123
1-CITE: 683 So.2d 552 OWENS-CORNING FIBERGLAS CORPORATION, Appellant, v. Naomi CRANE, as Personal
Representative of the Estate of Survivors of Carlton D. Crane, Deceased, Appellee.
TEXT: PER CURIAM. Owens-Corning Fiberglas Corporation ( OCF ) appeals from a final judgment
awardi...rrant a new trial. We therefore do not reach OCF s remaining challenges to the damages
awarded in this case. Reversed and remanded for a new trial.
2-CITE: 695 So.2d 767 Clare SNOOZY, as Personal Representative of the Estate and Survivors of Edward
Snoozy, deceased, Appellant Cross-Appellee, v. UNITED STATES GYPSUM COMPANY, Appellee
Cross-Appellant.
TEXT: GODERICH, Judge. The plaintiff, Clare Snoozy, as Personal Representative of the Estate and
S...ould therefore uphold the jury s determination to that effect. ------------ (FN1) The same
principle undergirds the comparative negligence doctrine.
3-CITE: 751 So.2d 196 Charles L. STEWART, Petitioner, v. BEE-DEE NEON & SIGNS, INC., et al.,
Respondents.
TEXT: BARFIELD, C.J. The petitioner, a workers compensation claimant, seeks certiorari review of
a...idential information with the hiring firm, because appropriate prophylactic steps have been
taken. See Rule 5-5.3, Rules Regulating the Florida Bar.
4-CITE: 750 So.2d 83 COCA-COLA BOTTLING COMPANY, et al., Appellants Cross-Appellees, v. Linda HAGAN
and Dobie Hagan, et al., Appellees Cross-Appellants.
TEXT: W. SHARP, J. Florida Coca-Cola Bottling Company and Coca-Cola Enterprises, Inc. (Coca-Cola)
...estion as being one of great public importance. SHOULD THE IMPACT RULE BE ABOLISHED OR AMENDED
IN FLORIDA? W. SHARP, J., concurs in certification.
5-CITE: 749 So.2d 483 OWENS-CORNING FIBERGLAS CORPORATION, Petitioner, v. Deward BALLARD, Respondent.
TEXT: ANSTEAD, J. We accepted jurisdiction to answer the following question certified to be of
gre...more authority to impose punitive damages in this case than we have to impose a criminal
sentence for a crime that occurred in the state of Georgia.
6-CITE: 743 So.2d 24 Juanita V. RAMOS, et al., Appellants, v. PHILIP MORRIS COMPANIES, INC., et al.,
Appellees.
TEXT: SHEVIN, Judge. The appellants, who are objecting to a class action settlement and attorney
s...ing the settlement as fair, adequate and reasonable, and approving the attorney s fees and
costs. Affirmed in part, reversed in part, and remanded.
7-CITE: 739 So.2d 603 OWENS-CORNING FIBERGLAS CORPORATION, Appellant, v. Deward BALLARD, Appellee.
TEXT: POLEN, Judge. In this products liability action, appellant, Owens-Corning Fiberglas Corp.,
t...T WAS MORE EGREGIOUS THAN THE STANDARD OF WANTON AND WILFUL DISREGARD FOR THE SAFETY OF THE
PLAINTIFF? AFFIRMED. DELL and STEVENSON, JJ., concur.
8-CITE: 734 So.2d 1162 Isabella RODRIGUEZ, a minor, By and Through her mother and natural guardian,
Penny POSSO-RODRIGUEZ, and Henry Rodriguez, and Penny Posso-Rodriguez, individually, Petitioners, v.
Richard J. FEINSTEIN, M.D. and Richard J. Feinstein, M.D., P.A. Respondents.
TEXT: PER CURIAM. By way of a petition for writ of certiorari, the petitioners, who are the
plaint... a departure from the essential requirements of the law and we grant the petition. The
order under review is accordingly quashed. Petition granted.
9-CITE: 733 So.2d 1108 W.R. GRACE & COMPANY, a Connecticut corporation, Appellant, v. Wolfgang
MATSCHKE and Laura Matschke, his wife, Appellees.
TEXT: KLEIN, J. This is an appeal from an order denying a motion to dismiss for forum non
convenie... or conveniences of the parties. Botton v. Elbaz, 722 So.2d 974 (Fla. 4th DCA 1999), and
cases cited. Affirmed. GUNTHER, and SHAHOOD, JJ., concur.
10-CITE: 726 So.2d 361 OWENS-CORNING FIBERGLAS CORPORATION, Appellant, v. Charles McKENNA, et al.,
Appellees.
TEXT: JORGENSON, Judge. Owens-Corning Fiberglas Corp. appeals from a final judgment entered on a
j...h the jury verdict was admittedly large in this case, the trial court acted well within its
discretion in denying the post-trial motions. AFFIRMED.
11-CITE: 723 So.2d 833 BROWN & WILLIAMSON TOBACCO CORPORATION, as successor by merger to The American
Tobacco Company, Appellant, v. Grady CARTER and Mildred Carter, Appellees.
TEXT: PER CURIAM. In this appeal from a final judgment following a jury trial, appellant, Brown &
...eve that any error was insignificant in the context of this case. REVERSED. BARFIELD, C.J.,
JOANOS, J., and SMITH, LARRY G., Senior Judge, concur.
12-CITE: 721 So.2d 329 Earl BARNES and Lydia Barnes, Appellants, v. CLARK SAND COMPANY, INC., et al.,
Appellees.
TEXT: LAWRENCE, Judge. Earl Barnes (Barnes), formerly employed as a sandblaster, filed a
negligenc...CE STATUTE OF REPOSE CONSTITUTIONAL? REVERSED and remanded for consistent proceedings.
JOANOS, J. and SHIVERS, DOUGLASS B., Senior Judge, concur.
13-CITE: 714 So.2d 351 Jane A. KING, etc., Petitioner, v. CUTTER LABORATORIES, DIVISION OF MILES, INC.,
et al., Respondents.
TEXT: OVERTON, Justice. We have for review the decision of the Second District Court of Appeal in
...ersee the process of a particular case. It should not go unnoticed that the majority has cited no
precedent for this novel step. SHAW, J., concurs.
14-CITE: 714 So.2d 1092 SIMKINS INDUSTRIES, INC., Appellant, v. LEXINGTON INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. This appeal recurs upon a mandate issued by the Supreme Court of Florida on
Febr...ins is affirmed in all respects, in conformity with the opinion of the Supreme Court and with
final resolution of remaining issues today. Affirmed.
15-CITE: 712 So.2d 461 ASBESTOS CERTIFIED TECHNICIANS, INC., a Florida corporation, Appellant, v. The
COCA-COLA COMPANY, a foreign corporation, Appellee.
TEXT: PER CURIAM. We affirm the trial court s dismissal of the complaint filed by Asbestos
Certifi...andarac Ass n, Inc. v. W.R. Frizzell Architects, Inc., 609 So.2d 1349 (Fla. 2d DCA 1992).
CAMPBELL, A.C.J., and ALTENBERND and FULMER, JJ., concur.
16-CITE: 711 So.2d 1167 Anthony J. FERAYORNI, as Personal Representative of the Estate of Paulette Jo
Ferayorni, Appellant, v. HYUNDAI MOTOR COMPANY and Hyundai Motor America Corporation, Appellees.
TEXT: STEVENSON, Judge. Appellant, Anthony Ferayorni, as personal representative of the estate of
...b), Florida Statutes (1995). AFFIRMED AND REMANDED FOR FURTHER PROCEEDINGS. PARIENTE, BARBARA
J., and MARRA, KENNETH A., Associate Judges, concur.
17-CITE: 710 So.2d 690 CARNIVAL CORPORATION and or Carnival Cruise Lines, Inc., Petitioner, v. Samantha
ROMERO and Emilio Romero, III, Respondents.
TEXT: W. SHARP, Judge. Carnival Corporation and or Carnival Cruise Lines, Inc. (Carnival)
petition... patent litigation could be called as fact witness, but could not be used as an expert,
particularly since he had signed confidentiality agreement).
18-CITE: 709 So.2d 552 Carol BERRY, as personal representative of the Estate of Roy Lee Berry, Jr.,
deceased, Appellant, v. CSX TRANSPORTATION, INC., Appellee. James CHRISCO, Appellant, v. CSX
TRANSPORTATION, INC., Appellee.
TEXT: VAN NORTWICK, Judge. In these consolidated appeals, James Chrisco and Carol Berry, as
person...ies, 22 Am. J. Indus. Med. 325 (1992) Kurt Rasmussen, M.D., et al., Solvent-Induced
Chronic Toxic Encephalopathy, 23 Am. J. Indus. Med. 779 (1993)
19-CITE: 704 So.2d 633 Carol BERRY, as personal representative of the Estate of Roy Lee Berry, Jr.,
deceased, Appellant, v. CSX TRANSPORTATION, INC., Appellee. James CHRISCO, Appellant, v. CSX
TRANSPORTATION, INC., Appellee.
TEXT: VAN NORTWICK, Judge. In these consolidated appeals, James Chrisco and Carol Berry, as
person...ies, 22 Am. J. Indus. Med. 325 (1992) Kurt Rasmussen, M.D., et al., Solvent-Induced
Chronic Toxic Encephalopathy, 23 Am. J. Indus. Med. 779 (1993)
20-CITE: 703 So.2d 492 ACandS, INC. f k a Armstrong Contracting & Supply Corporation, Appellant, v.
Carol H. REDD, Appellee.
TEXT: On Rehearing GODERICH, Judge. We grant the appellee, Carol Redd s, unopposed motion for
reh...rial counsel knew that Dr. Redd s testimony was untruthful, counsel had an independent
obligation to set the record straight. NESBITT, J., concurs.
21-CITE: 701 So.2d 902 PAFCO GENERAL INSURANCE COMPANY, as Subrogee of WORLD OFFICE PRODUCTS
MANUFACTURING, INC., Appellant, v. WAH-WAI FURNITURE COMPANY f k a Kong-Luen Trading Company, and
Zhong Shan City Jianda Furniture Factory, Appellees.
TEXT: SCHWARTZ, Chief Judge. The appellees are furniture manufacturers based in Hong Kong who,
dur...ther, assuming the chairs in question were shipped through Florida, the claims arose from
Florida activity even if the accidents occurred elsewhere.
22-CITE: 700 So.2d 705 Mack William HOLSWORTH, Appellant, v. FLORIDA POWER & LIGHT COMPANY, Appellee.
TEXT: WARNER, Judge. In this appeal of a summary judgment, the appellant, an employee of an
indepe... the hatch which caused plaintiff s injuries. The trial court should not have granted a
summary judgment. Moore v. Morris, 475 So.2d 666 (Fla.1985).
23-CITE: 699 So.2d 724 FLORIDA EAST COAST RAILWAY COMPANY, Appellant, v. John W. OSBORNE, Appellee.
TEXT: PER CURIAM. Appellant, Florida East Coast Railway (FEC), appeals an adverse judgment in
favo...ection. (FN7) At trial the FEC argued that it did take reasonable steps. The reasonableness
and adequacy of those steps was a question for the jury.
24-CITE: 691 So.2d 585 Harold HOPPE, Appellant, v. CITY OF LAKELAND and Alexsis, Inc., Appellees.
TEXT: BENTON, Judge. This appeal turns on when the statute of limitations runs in workers
compensa...rtially or totally, because of an occupational disease. Section 440.151(3), Fla.Stat.
(1995). Reversed and remanded. ERVIN and DAVIS, JJ., concur.
25-CITE: 689 So.2d 1114 MCO ENVIRONMENTAL, INC., Appellant, v. AGRICULTURAL EXCESS & SURPLUS INSURANCE
COMPANY and United Capital Insurance Company, Appellees.
TEXT: BARKDULL, Senior Judge. MCO Environmental, Inc. (MCO), appeals a final summary judgment
ente...urt may find that the insurer s duty to defend did terminate at this point Florida Physicians
Ins. Co. v. Lazenby, 576 So.2d 794 (Fla. 2d DCA 1991).
26-CITE: 688 So.2d 348 SIMKINS INDUSTRIES, INC., etc., Appellant, v. LEXINGTON INSURANCE COMPANY,
Appellee.
TEXT: NESBITT, Judge. Plaintiff-appellant Simkins Industries, Inc. ( Simkins ) appeals an order
en...n part and reverse in part the order entering summary judgment in Lexington s favor and remand
for further proceedings consistent with this opinion.
27-CITE: 685 So.2d 1358 Jane A. KING, as Personal Representative of the Estate of Joseph Louie King,
III, Deceased, Appellant Cross-Appellee, v. CUTTER LABORATORIES, DIVISION OF MILES, INC., Appellee
Cross-Appellant, and Armour Pharmaceutical Company, Alpha Therapeutic Corporation, and Baxter
Healthcare Corporation, Appellees.
TEXT: PER CURIAM. Joseph Louie King, III, a hemophiliac, died of Acquired Immune Deficiency
Syndro... need not address the cross-appeal of appellee Miles, in light of our decision. Affirmed.
THREADGILL, C.J., and SCHOONOVER and FRANK, JJ., concur.
28-CITE: 683 So.2d 154 OWENS-CORNING FIBERGLAS CORPORATION, Appellant, v. Ernestine I. RIVERA, as
Personal Representative of the Estate of Jesse Rivera, deceased, Appellee.
TEXT: PER CURIAM. In this product liability action, Owens-Corning Fiberglas Corp., the
manufacture...rds, which were clearly proportionate, to conclude this manufacturer s due process
argument fails. Accordingly, the order under review is affirmed.
29-CITE: 679 So.2d 291 OWENS-CORNING FIBERGLASS CORPORATION, Appellant, v. James CORCORAN, et al.,
Appellees.
TEXT: NESBITT, Judge. Robert Galotti, decedent of James Corcoran et al., was exposed to
asbestos-c...constitutionally impermissive. Affirmed in part, reversed in part, and remanded solely
for recalculation of the judgment, in accordance with Wells.
30-CITE: 678 So.2d 397 STATE FARM FIRE & CASUALTY INSURANCE CO., Appellant, v. DENI ASSOCIATES OF
FLORIDA, INC., Appellee. FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, Appellant, v. E. C. FOGG,
III, Lisabeth A. Fogg, Elizabeth Fogg Lane, and John Roger Clark, individually and as partners d b a
Land-O-Sun Groves, Appellees.
TEXT: EN BANC FARMER, Judge. In these unrelated appeals, we have decided on our own motion to
gra... against the insurer, and find coverage. I agree with the majority that there is no coverage
in the spraying case. POLEN and PARIENTE, JJ., concur.
31-CITE: 677 So.2d 1310 Enrico H. PALMIERI, Jr., Appellant, v. NAACO and American Policyholders Ins.
Co., Appellees.
TEXT: KAHN, Judge. In this workers compensation case, appellant asserts that the judge of
compensa...lity issue to overcome the staleness of Palmieri s live testimony. REVERSED and REMANDED
for a new hearing. BARFIELD, C.J., and DAVIS, J., concur.
32-CITE: 677 So.2d 1327 CITY ENVIRONMENTAL SERVICES LANDFILL, INC. OF FLORIDA, a Florida corporation,
as successor in interest to Environmental Protectors Association, Inc., a Florida corporation,
Petitioner, v. HOLMES COUNTY, a political subdivision of the State of Florida, Respondent.
TEXT: BARFIELD, Chief Judge. We have before us a petition for writ of certiorari to the circuit
co...ourt and remand to the circuit court with instructions to grant the petition for writ of
certiorari below, is DENIED. ERVIN and DAVIS, JJ., concur.
33-CITE: 672 So.2d 100 Bill RUCKER, et al., Appellants, v. GARLOCK, INC., Appellee.
TEXT: NESBITT, Judge. Bill and Roberta Rucker sued Garlock, Inc., a manufacturer and distributor
o...ry could have simply concluded that Rucker suffered no injury resulting from exposure to
asbestos. Accordingly, the order under review is affirmed.
34-CITE: 672 So.2d 650 Scott LUTHI, Personal Representative of the Estate and Survivors of Clarence
Luthi, Deceased, Appellant, v. OWENS-CORNING FIBERGLASS CORP., Appellee.
TEXT: KLEIN, Judge. Appellant seeks a new trial on the ground that the trial court erred in not
gi...---------- (FN2) Specific objection is required to both the giving and the failure to give an
instruction in criminal cases. Fla.R.Crim.P. 3.390(d).
35-CITE: 666 So.2d 252 James STAINFIELD, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES, Appellee.
TEXT: ALTENBERND, Judge. James Stainfield appeals an order entered by the Public Employees
Relatio...ing Mr. Stainfield and remand for further proceedings consistent with this opinion.
Reversed and remanded. PARKER, A.C.J., and QUINCE, J., concur.
36-CITE: 665 So.2d 1048 Samuel ZELL, etc., et al., Petitioners, v. Gaylynn Sue MEEK and Barry M. Meek,
Respondents.
TEXT: ANSTEAD, Justice. Gaylynn Sue Meek (Meek) and her husband Barry M. Meek sought review in
the...3. *1055 We remand for proceedings consistent herewith. It is so ordered. GRIMES, C.J., and
OVERTON, SHAW, KOGAN, HARDING and WELLS, JJ., concur.
37-CITE: 665 So.2d 1116 GARLOCK, INC., Appellant Cross-appellee, v. George HARRIMAN, et al., Appellees
Cross-appellants.
TEXT: ON MOTION FOR CLARIFICATION GODERICH, Judge. We grant Garlock Inc. s motion for
clarificati... that the remaining points raised by the parties lack merit. Accordingly, we affirm,
in part, reverse, in part, and remand for further proceedings.
38-CITE: 662 So.2d 1005 Bobby L. HAWKINS and Glenda Hawkins, Appellant, v. CHAMPION INTERNATIONAL
CORP., a Connecticut corporation, Appellee.
TEXT: VAN NORTWICK, Judge. Bobby L. Hawkins and his wife Glenda Hawkins appeal the trial court s
f...fault in causing Hawkins injury. Accordingly, we REVERSE and REMAND for proceedings consistent
with this opinion. ERVIN and LAWRENCE, JJ., concur.
39-CITE: 661 So.2d 1301 W.R. GRACE & COMPANY-CONN., and Owens Corning Fiberglas, Appellants, v. Earl
PYKE, Appellee.
TEXT: BARKDULL, Judge. This is an appeal from a final judgment against two defendants in an
asbest...ew denied, 645 So.2d 457 (Fla.1994). For that reason I concur in affirming on this issue,
and I concur in the remainder of the opinion of the court.
40-CITE: 660 So.2d 368 LAKESIDE REGENT, INC., Carl A. Sax, and Lanny Horwitz, Appellants, v. FDIC as
Receiver for First American Bank and Trust, et al., Appellees.
TEXT: POLEN, Judge. This appeal arises out of a summary judgment relating to a dispute over the
pr...rt for further proceedings including permitting Lakeside Regent to obtain the discovery
requested from the FDIC. WARNER and STEVENSON, JJ., concur.
41-CITE: 660 So.2d 389 Peter FULLERTON, Appellant, v. HOSPITAL CORPORATION OF AMERICA, etc., et al,
Appellee.
TEXT: THOMPSON, Judge. Peter Fullerton ( Fullerton ) appeals the entry of a partial final summary
...87). See Jo-Anne M. Baio, Loss of Consortium: A Derivative Injury Giving Rise to a Separate Cause
of Action, 50 Fordham L.Rev. 1344, 1345-46 (1983).
42-CITE: 660 So.2d 1087 Janet Suzanne WILEY, Appellant, v. U.S. MINERAL PRODUCTS COMPANY, a New Jersey
corporation, Appellee.
TEXT: PER CURIAM. This is an appeal from an order granting appellee s (defendant below) Motion
for...s what the manufacturer shipped. The directed verdict should be reversed and the case should
be remanded to the trial court for further proceedings.
43-CITE: 658 So.2d 1164 OWENS-CORNING FIBERGLAS CORPORATION, Appellant, v. Charles F. VASS and Barbara
Vass, Appellees.
TEXT: PER CURIAM. Owens-Corning Fiberglas Corporation appeals the final judgment entered by the
tr...with instructions to enter judgment in accord with the jury s verdict on comparative
negligence. DANAHY, A.C.J., and FRANK and QUINCE, JJ., concur.
44-CITE: 655 So.2d 170 A.W. CHESTERTON and The Anchor Packing Company, Appellants, v. Kenneth Gene
FISHER, as Personal Representative of the Estate of Kenneth E. Fisher, individually and on behalf of
the decedent s survivor, Betty R. Fisher, Appellees.
TEXT: ON MOTION FOR REHEARING PER CURIAM. We grant the plaintiffs motion for rehearing, withdraw
...ong all alleged tortfeasors. W.R. Grace & Co.--Conn. v. Dougherty, 636 So.2d 746, 747-48 (Fla. 2d
DCA 1994). Reversed and remanded for a new trial.
45-CITE: 654 So.2d 1158 Charles P. SCHROPP, Petitioner, v. CROWN EUROCARS, INC., etc, et al.,
Respondents.
TEXT: OVERTON, Justice. We have for review Crown Eurocars, Inc. v. Schropp, 636 So.2d 30 (Fla. 2d
... responsible for the policy is not discovered or identified is not in accord with my construction
of the law. SHAW, KOGAN and ANSTEAD, JJ., concur.
46-CITE: 653 So.2d 409 OWENS CORNING FIBERGLAS CORPORATION, and W.R. Grace & Co.-Conn., Appellants, v.
Sidney MORSE and Natalie Morse, Appellees.
TEXT: GODERICH, Judge. The defendants, W.R. Grace & Co-Conn. (Grace) and Owens-Corning Fiberglas
C... appropriate as a sanction for its actions. See Weiss v. Trust Under the Will of Pollak, 595
So.2d 1035 (Fla. 3d DCA 1992). Accordingly, we affirm.
47-CITE: 644 So.2d 340 OWENS-CORNING FIBERGLAS CORPORATION, a Delaware Corporation, Petitioner, v. Bill
PARSONS, as Circuit Judge of the Fourth Judicial Circuit and Ronald W. McAllister, as Personal
Representative of the Estate of Linda S. McAllister, Respondents.
TEXT: PER CURIAM. Owens-Corning Fiberglas Corporation (OCF), defendant in the trial court,
petitio...--- (FN1) Judge Parsons, acting through counsel, filed a response indicating that he would
take no position unless requested to do so by this court.
48-CITE: 642 So.2d 3 OWENS-ILLINOIS, INC., Appellant, v. Dorothy BAIONE, as personal representative of
the Estate of Nickolas Baione, deceased. Appellee.
TEXT: PER CURIAM. Owens-Illinois, Inc. appeals the trial court s entry of a final judgment in
favo...o., 336 So.2d 80 (Fla.1976). We also find no merit in the other two issues raised by
Owens-Illinois. FRANK, C.J., and BLUE and QUINCE, JJ., concur.
49-CITE: 642 So.2d 1164 Richard TERWILLIGER, as Personal Representative of the Estate of Thomas
Collins, deceased, Appellant, v. OWENS-CORNING FIBERGLAS CORPORATION, Appellee.
TEXT: PER CURIAM. Collins was exposed to asbestos in Massachusetts, but moved to Florida long
befo... but before they were reversed. See Owens-Corning Fiberglas v. Terwilliger, 599 So.2d 130
(Fla. 3d DCA 1992), review denied, 613 So.2d 9 (Fla.1992).
50-CITE: 641 So.2d 953 Daniel T. GALLAGHER, et al., Appellants, v. FIBREBOARD CORPORATION, Appellee.
TEXT: NESBITT, Judge. Gallagher seeks reversal of an adverse final judgment in his personal
injury... liability claim, if at all arguably prejudicial, worked to the defendant s disadvantage,
not the plaintiff s. There was simply no error. Affirmed.
51-CITE: 639 So.2d 1056 Alvaro ROBERT and Mary Robert, Petitioners, v. W.R. GRACE & CO., Owens-Corning
Fiberglas Corp., Crown Cork & Seal Co., et al., Respondents.
TEXT: COPE, Judge. Alvaro Robert and Mary Robert petition for a writ of certiorari. We grant the
p...d deposition upon reasonable notice to all parties. All objections to the admissibility of the
second deposition are preserved. Certiorari granted.
52-CITE: 638 So.2d 502 W.R. GRACE & CO.--CONN., etc., Petitioner, v. Thomas WATERS, et ux.,
Respondents.
TEXT: GRIMES, Chief Justice. We review United States Mineral Products Co. v. Waters, 610 So.2d 20
...ve damages are sought. Id. (FN4) We decline to address the other issue raised by Grace because it
is not within the scope of the certified question.
53-CITE: 636 So.2d 116 Robert A. PRAHL, et al., Appellants, v. UNITED STATES MINERAL PRODUCTS COMPANY,
INC., Appellee.
TEXT: PER CURIAM. The summary judgment entered below is affirmed on the holding that
plaintiffs-ap...N.H.1991), vacated in part, 767 F.Supp. 396 (D.N.H.1991). But see Florida Power &
Light Co. v. Allis-Chalmers Corp., 752 F.Supp. 434 (S.D.Fla.1990).
54-CITE: 636 So.2d 746 W.R. GRACE & CO.--CONN., Appellant, v. Joan DOUGHERTY, individually and as
personal representative of the estate of Arthur J. Dougherty, Appellee. OWENS-CORNING FIBERGLASS
CORP. Appellant, v. Joan DOUGHERTY, individually and as personal representative of the estate of
Arthur J. Dougherty, Appellee.
TEXT: PARKER, Judge. W.R. Grace & Co.--Conn. (Grace) and Owens-Corning Fiberglass Corporation
(Owe... there was sufficient evidence to permit the jury to decide whether Grace was negligent.
Accordingly, we affirm. FRANK, C.J., and HALL, J., concur.
55-CITE: 633 So.2d 504 James A. BRAND, Appellant, v. FLORIDA POWER CORPORATION, Appellee.
TEXT: ERVIN, Judge. James A. Brand appeals from a final order of the Florida Commission on Human
R...lified, (3) worked for a program or activity which received federal assistance, and (4) was
adversely treated solely because of his or her handicap.
56-CITE: 632 So.2d 1065 Frances DAVIES, as Personal Representative of the Estate and survivors of
Edward Davies, Deceased, Appellant, v. OWENS-ILLINOIS, INC., Appellee.
TEXT: PER CURIAM. The plaintiff, Frances Davies, as personal representative of the estate and
surv...onal Responsibility). On retrial, counsel for OI should refrain from making further
inappropriate arguments. Reversed and remanded for a new trial.
57-CITE: 632 So.2d 1144 Mildred ARNOLD, Appellant, v. DOLLAR GENERAL CORPORATION, etc., et al.,
Appellees.
TEXT: W. SHARP, Judge. Arnold appeals from a final summary judgment entered against her in favor
o...); Forston v. Atlantic Engineering & Manufacturing Corp., 143 So.2d 364, 368 (Fla. 2d DCA 1962);
Nance v. Ball, 134 So.2d 35, 37 (Fla. 2d DCA 1961).
58-CITE: 625 So.2d 457 FIBREBOARD CORPORATION, Petitioner, v. Samuel KERNESS, et al., Respondent.
TEXT: SHAW, Justice. We review Fibreboard Corp. v. Kerness, 590 So.2d 501, 502 (Fla. 3d DCA
1991),...rt. Normally this would render the issue moot; however, we issue this opinion for the
guidance of others who may find themselves similarly situated.
59-CITE: 622 So.2d 1018 Carrie Linn Young ROOF, Appellant, v. Calvin WILEY, Wilma Wiley, C.W. Bill
Young, Thomas Edward Young and Toni Young, Individually, Jointly and Severally, Appellees.
TEXT: BUCKLEW, SUSAN C., Associate Judge. Appellant, Carrie Linn Young Roof, challenges the trial
...r held it immaterial whether the action is for recovery of real or personal property, recovery of
a money demand, or recovery of damages for a tort.
60-CITE: 610 So.2d 20 UNITED STATES MINERAL PRODUCTS COMPANY, et al., Appellants Cross-Appellees, v.
Thomas WATERS and Eloise Agnes Waters, his wife, Appellees Cross-Appellants. W.R. GRACE & CO. CONN.,
Appellants, v. Thomas WATERS and Eloise Agnes Waters, his wife, Appellees.
TEXT: PER CURIAM. These consolidated appeals arise from an order of final judgment rendered on a
j...uestion posed by the dissent as one of great public importance, pursuant to Florida Rule of
Appellate procedure 9.125(a). SCHWARTZ, C.J., dissents.
61-CITE: 609 So.2d 54 Bruce F. IDEN, et al., Appellants, v. Paul KASDEN, Appellee.
TEXT: NESBITT, Judge. Alan Milledge and Bruce Iden, attorneys, appeal a money Judgment entered
aga...e defendants motion for directed verdict. Also, we reverse the post-judgment orders allowing
prejudgment interest and costs. Reversed and remanded.
62-CITE: 608 So.2d 583 Russell G. WHEELOCK and Janice Wheelock, Appellants, v. HARBISON-WALKER
REFRACTORIES DIVISION OF DRESSER INDUSTRIES, INC., et al., Appellees.
TEXT: PER CURIAM. Russell G. Wheelock and Janice Wheelock appeal a final order dismissing their
co...lso Gallagher v. Pittsburgh Corning Corp., 608 So.2d 855 (Fla. 3d DCA 1992), and the cause
remanded for further proceedings. Reversed and remanded.
63-CITE: 608 So.2d 855 Thomas Francis GALLAGHER, Jr., and Carol Gallagher, his wife, Appellants, v.
PITTSBURGH CORNING CORPORATION, Appellee.
TEXT: PER CURIAM. The Gallaghers commenced this action for injuries caused by exposure to the
appe...on is entitled to proceed to trial on a strict liability claim so long as the claim does not
duplicate the negligence claim. Reversed and remanded.
64-CITE: 606 So.2d 722 STATE of Florida, DEPARTMENT OF ENVIRONMENTAL REGULATION, and City of
Jacksonville, a municipal corporation, Appellants, v. SCM GLIDCO ORGANICS CORPORATION, a Delaware
Corporation, Appellee.
TEXT: ERVIN, Judge. Appellants, the City of Jacksonville (City) and the Department of
Environmenta...s, the order granting summary judgment to Glidco is REVERSED and the case REMANDED
for further consistent proceedings. MINER and WOLF, JJ., concur.
65-CITE: 606 So.2d 1213 Loretta BERAGLIA and Sergio Beraglia, her husband, Appellants, v. OWENS-CORNING
FIBERGLAS CORPORATION and W.R. Grace Company--Conn., Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiffs Loretta and Sergio Beraglia from a final
jud...nder review is reversed and the cause is remanded to the trial court for a trial solely on the
plaintiffs strict liability in tort count. Reversed.
66-CITE: 603 So.2d 655 Jack Scott MURDOCH, et al., Appellants, v. A.P. GREEN INDUSTRIES, INC., et al.,
Appellees.
TEXT: PER CURIAM. Jack Scott Murdoch and his wife Gloria Murdoch, plaintiffs below, appeal the
ent... DCA 1987). Accordingly, we reverse the orders under appeal and remand with directions to
grant *656 leave to all parties to amend their pleadings.
67-CITE: 599 So.2d 130 OWENS-CORNING FIBERGLAS CORPORATION, Appellant, v. Richard E. TERWILLIGER, as
Personal Representative of the Estate of Thomas Collins, Appellee.
TEXT: GERSTEN, Judge. Appellant, Owens-Corning Fiberglas Corporation (Owens-Corning), appeals a
fi...306 So.2d 153 (Fla. 2d DCA), cert denied, 316 So.2d 286 (Fla.1975). We find no merit in the
other issue raised by appellant. Reversed and remanded.
68-CITE: 599 So.2d 1377 Dorothy BAIONE, as Personal Representative for the Estate, of Nickolas Baione,
Deceased, Appellant, v. OWENS-ILLINOIS, INC., an Ohio Corporation, Appellee.
TEXT: PATTERSON, Judge. This appeal concerning asbestos litigation arises from a defense verdict
i...fraud). The power to so limit this judicially created element of damages rests either with the
supreme court or the legislature. HALL, J., concurs.
69-CITE: 597 So.2d 895 ACandS, INC., Petitioner, v. Zack ASKEW, Sr., et al., Respondents.
TEXT: PER CURIAM. ACandS, Inc., defendant in a number of asbestos related cases pending in the
Cir...s of law in denying petitioner s motion. Accordingly, the petition for writ of certiorari is
DENIED. JOANOS, C.J., and BOOTH and KAHN, JJ., concur.
70-CITE: 596 So.2d 1125 Garland P. PARLIER, et ux, et al., Appellants, v. EAGLE-PICHER INDUSTRIES,
INC., et al., Appellees.
TEXT: HARRIS, Judge. In 1987 appellants in this consolidated action filed suit for damages
allegin...). Accord King v. Pearlstein, 592 So.2d 1176 (Fla. 2d DCA 1992). REVERSED and REMANDED.
GRIFFIN, J., and POUND, F.R. JR., Associate Judge, concur.
71-CITE: 595 So.2d 168 Mary J. SWAIN and Charles Swain, her husband, Appellant, v. Calvin H. CURRY,
M.D., Appellee.
TEXT: KAHN, Judge. Mary and Charles Swain appeal an order of dismissal and partial final summary
j...ction of, access to the courts. Cf., Lehmann v. Cloniger, 294 So.2d 344 (Fla. 1st DCA 1974).
REVERSED and REMANDED. WOLF and WEBSTER, JJ., concur.
72-CITE: 592 So.2d 756 SKY CRUISES, LTD., Inc., a corporation, Appellant, v. Leif ANDERSEN,
individually and as personal representative of the Estate of Kim Andersen, Appellee.
TEXT: PER CURIAM. In this appeal from a maritime suit arising out of the death of a third
engineer...neration for Limitation of Liability, Case No. 88-2282-CIV-MARCUS (S.D.Fla. October 10,
1991). REVERSED. ERVIN, ZEHMER, and BARFIELD, JJ., concur.
73-CITE: 591 So.2d 242 Margaret E. WALKER, as Personal Representative of the Estate of Julian Walker,
Deceased, Appellant, v. MILLER ELECTRIC MANUFACTURING COMPANY, a foreign corporation, Air Products
and Chemicals, Inc., a foreign corporation, Appellees.
TEXT: ON MOTION FOR REHEARING AND CERTIFICATION GARRETT, Judge. We grant appellant s motion for
r...RODUCT A VESTED RIGHT NOT TO BE SUED FOR AN ACCIDENT THAT OCCURRED AFTER THE DATE OF REPEAL?
AFFIRMED. GLICKSTEIN, C.J., and ANSTEAD, J., concur.
74-CITE: 590 So.2d 501 FIBREBOARD CORPORATION, Appellant, v. Samuel KERNESS, et al., Appellees.
TEXT: JORGENSON, Judge. Fibreboard Corporation appeals from a nonfinal order denying its motion
to...sed, serviced, or manufactured by the defendant anywhere were used or consumed within this
state in the ordinary course of commerce, trade or use.
75-CITE: 578 So.2d 1137 KEENER CONSTRUCTION COMPANY and Cincinnati Insurance, Appellants, v. Johnnie L.
SIMPSON, Deceased, Appellee.
TEXT: WOLF, Judge. Keener Construction Company and Cincinnati Insurance Company, the employer and
...o the judge to give specific findings whether he would have reached the same result despite his
erroneous application of the statutory presumptions.
76-CITE: 575 So.2d 1295 Woodrow BERDEAUX and Louise Berdeaux, et al., Appellants, v. EAGLE-PICHER
INDUSTRIES, INC., et al., Appellees.
TEXT: LEVY, Judge. Nine asbestos-litigation plaintiffs appeal the trial court s order dismissing
t... entered, the clerk shall notify the party of the entry of default. The clerk shall make an
entry on the progress docket showing the notification.
77-CITE: 573 So.2d 946 Janet Suzanne WILEY, Appellant, v. SOUTHEAST ERECTORS, INC. and Underwriters
Adjusting Co. and Crims, Inc., Appellees.
TEXT: JOANOS, Judge. Claimant in this workers compensation case appeals an order of the judge of
c...ge of compensation claims. However, on remand, the judge is free to receive any additional
evidence that would aid in deciding the contested issues.
78-CITE: 570 So.2d 275 Terri Lynn CONLEY, Petitioner, Cross-Respondent, v. BOYLE DRUG COMPANY, etc., et
al., Respondents, Cross-Petitioners.
TEXT: EHRLICH, Justice. We have for review Conley v. Boyle Drug Co., 477 So.2d 600 (Fla. 4th DCA
1...e granted. It is so ordered. SHAW, C.J., and OVERTON, McDONALD and BARKETT, JJ., concur.
GRIMES and KOGAN, JJ., did not participate in this case.
79-CITE: 569 So.2d 1307 Daniel W. REAVES, Appellant, v. ARMSTRONG WORLD INDUSTRIES, INC., et al.,
Appellees.
TEXT: PER CURIAM. This is an appeal from an order of final judgment setting aside a jury verdict
f...necessary to consider the alternative order granting a new trial. The final judgment is
affirmed. AFFIRMED. DELL, WALDEN and GUNTHER, JJ., concur.
80-CITE: 559 So.2d 93 Jean NANCE, Appellant, v. EAGLE PICHER INDUSTRIES, etc., et al., Appellees.
TEXT: PER CURIAM. Jean Nance, personal representative of the estate of E.S. Nance, appeals from a
... whether Florida s five-year or Virginia s two-year statute of limitations should apply. See
Celotex Corp. v. Meehan, 523 So.2d 141, 147 (Fla.1988).
81-CITE: 558 So.2d 460 Charles HAMMER, as Personal Representative of the Estate of Irving Isidore
Hammer, deceased, Appellant, v. ROSENTHAL JEWELERS SUPPLY CORPORATION, et al., and Bernice Rhea
Hammer, Appellees.
TEXT: PER CURIAM. Appellant seeks review of the trial court s order of dismissal in this personal
...hich to comply with the trial court s order and assent to autopsy, thereby preventing dismissal
of the action. DELL, WALDEN and POLEN, JJ., concur.
82-CITE: 554 So.2d 596 Diane B. MOZEE, as Personal Representative of the Estate of Marvin Mozee, III,
Appellant, v. CHAMPION INTERNATIONAL CORPORATION, Appellee.
TEXT: WILLIS, BEN C. (Ret d) Associate Judge. The plaintiff-appellant seeks reversal of a summary
...e record thus far developed in this case permits a determination as a matter of law that Champion
was without fault in contributing to the accident.
83-CITE: 554 So.2d 1179 PELICAN ISLAND PROPERTY OWNERS ASSOCIATION, INC., a Florida corporation, not
for profit, Appellant, v. James MURPHY and Yvonne Murphy, Appellees.
TEXT: RYDER, Acting Chief Judge. Pelican Island Property Owners Association, Inc. challenges a
fin...r an order granting the mandatory injunction sought by the Association. Reversed and remanded
with instructions. HALL and ALTENBERND, JJ., concur.
84-CITE: 552 So.2d 314 TIMES PUBLISHING COMPANY, Appellant, v. W.R. GRACE & COMPANY--CONN., a foreign
corporation, Appellee.
TEXT: FRANK, Acting Chief Judge. The Times Publishing Company sued W.R. Grace & Co. as the result
...ed by this court in American Liberty Ins. Co. v. West and Conyers, 491 So.2d 573 (Fla. 2d DCA
1986). Affirmed. PARKER and ALTENBERND, JJ., concur.
85-CITE: 547 So.2d 660 FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., Appellant, v. The CELOTEX
CORPORATION and The Jim Walter Corporation, on behalf of itself and all insureds, Appellees.
TEXT: PATTERSON, Judge. Florida Insurance Guaranty Association, Inc. (FIGA), the defendant below,
... we reverse the order of the trial court and remand with directions to dismiss this action
without prejudice. LEHAN, A.C.J., and PARKER, J. concur.
86-CITE: 546 So.2d 427 John OAKES and Winnie Oakes, Appellants, v. PITTSBURGH CORNING CORPORATION, the
Celotex Corporation, Eagle-Picher Industries, Inc., Owens Corning Fiberglas Corporation,
Owens-Illinois, Inc. and Keene Corporation, Appellees.
TEXT: SCHWARTZ, Chief Judge. After a severely contested four day trial in a case arising out of
Jo...the cause remanded with directions to enter judgment for the plaintiffs in accordance with the
jury verdicts rendered below. Reversed and remanded.
87-CITE: 544 So.2d 1158 Marie A. JOHNSON, et al., Appellants, v. DELUXE TIRE SERVICE, INC., et al.,
Appellees.
TEXT: ORFINGER, Judge. Marie Johnson and her husband Roy, plaintiffs below, appeal from a final
su...nown to her at the time of the accident, and the statute of limitations commenced to run at
that time. AFFIRMED. DAUKSCH and GOSHORN, JJ., concur.
88-CITE: 536 So.2d 1023 Charles KING, Appellant, v. EASTERN AIRLINES, INC., Appellee. (EN*)
TEXT: BASKIN, Judge. On May 5, 1983, Eastern Airlines Flight # 855 departed from Miami
Internation...see Harkcom, 104 Ill.App.3d at 780, 60 Ill.Dec. at 494, 433 N.E.2d at 291. I would
affirm the judgment below. BARKDULL and JORGENSON, JJ., concur.
89-CITE: 535 So.2d 656 Ellis LANDRUM, Petitioner, v. ARMSTRONG WORLD INDUSTRIES, INC., et al.,
Respondents.
TEXT: PER CURIAM. We deny certiorari. The order below, which, inter alia, provides for the
autopsy... to preserve a corpse in the same condition as at death is a legal right which the courts
will protect. 25A C.J.S. Dead Bodies Sections 2, 3 (1962).
90-CITE: 523 So.2d 141 CELOTEX CORP., Petitioner, v. Carmella MEEHAN, etc., Respondent. CELOTEX CORP.,
et al., Petitioners, v. Jean NANCE, etc., Respondent. CELOTEX CORP., Petitioner, v. Louis Key COLON,
et ux., Respondents.
TEXT: OVERTON, Justice. This is a petition to review Meehan v. Celotex Corp., 466 So.2d 1100
(Fla....ly for a thorough application of the significant relationship test in either Meehan or
Nance, I would remand both of these cases to the trial court.
91-CITE: 513 So.2d 669 AMERICAN MUTUAL INSURANCE COMPANY, Petitioner, v. John E. BENDER and Jane
Bender, his wife, et al., Respondents.
TEXT: PER CURIAM. This cause is before us on petition for writ of common law certiorari to review
... by respective defendants. (FN2) Two other grounds asserted in the motion to dismiss have not
been raised in the petition and will not be discussed.
92-CITE: 513 So.2d 1265 Josephine DORSE, et al, Plaintiffs-Appellees, v. ARMSTRONG WORLD INDUSTRIES,
INC., et al., Defendants, Eagle-Picher Industries, Inc., Defendant-Appellant.
TEXT: BARKETT, Justice. Pursuant to Florida Rule of Appellate Procedure 9.150, the United States
C...IMES and KOGAN, JJ., concur. ------------ (FN6) As the Eleventh Circuit has noted, reasonable
knowledge does not imply omniscience. 778 F.2d at 746.
93-CITE: 511 So.2d 690 Eleanor WOOD, Appellant, v. HARRY HARMON INSULATION and Hartford Accident &
Indemnity Company, Appellees.
TEXT: MILLS, Judge. Two issues are presented in this workers compensation appeal. The first
concer...comprehensive collection of cases from many jurisdictions, and a discussion of differing
views on this subject, see Annot. 34 A.L.R. 4th 958 (1984).
94-CITE: 505 So.2d 533 COMBUSTION ENGINEERING, INC. and the Travelers Insurance Company, Appellants, v.
Lionel COTE, Appellee.
TEXT: ERVIN Judge. The employer carrier (e c) appeals an order of the deputy commissioner (dc)
awa...cessiveness of the amount of the fee awarded. The order is vacated and the case remanded for
further proceedings. SHIVERS and ZEHMER, JJ., concur.
95-CITE: 502 So.2d 500 Lionel COTE, Appellant, v. COMBUSTION ENGINEERING, INC., and Travelers Insurance
Company, Appellees.
TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which his
average...., Todd Shipyards Corp. v. Black, 717 F.2d 1280 (9th Cir.Ct.App.1983); White v.
Johns-Manville Sales Corp., 416 So.2d 327 (La. 5th Cir.Ct.App.1982).
96-CITE: 499 So.2d 823 CHRYSLER CORPORATION, etc., Petitioner, v. Jack E. WOLMER, etc., Respondent.
TEXT: McDONALD, Chief Justice. We have for review Wolmer v. Chrysler Corp., 474 So.2d 834 (Fla.
4t... Compare O Loughlin, 466 So.2d at 1061-62; White Construction, 455 So.2d at 1028. I see no
basis for conflict jurisdiction. Accordingly, I dissent.
97-CITE: 493 So.2d 1067 GULF POWER COMPANY, Appellant, v. James KAY and Carmen Kay, Appellee.
TEXT: ZEHMER, Judge. Gulf Power Company (Gulf Power) appeals a final judgment rendered pursuant
to...nt. The judgment against Gulf Power is reversed and the cause is remanded for a new trial.
REVERSED and REMANDED. MILLS and SHIVERS, JJ., concur.
98-CITE: 491 So.2d 1161 Mary BENNETT, as personal representative of the Estate of Raymond Bennett,
deceased, Appellant, v. NATIONAL GYPSUM COMPANY, a foreign corporation; United States Gypsum
Company, a foreign corporation; and Georgia-Pacific Corporation, a foreign corporation, Appellees.
TEXT: PER CURIAM. This is an appeal from the trial court s dismissal of Mary Bennett s fourth
amen... 1.110(b). Reversed and remanded for reinstatement of the complaint and for further
proceedings. SCHEB, A.C.J., and DANAHY and FRANK, JJ., concur.
99-CITE: 490 So.2d 35 The CELOTEX CORPORATION, Petitioner, v. Leonard H. PICKETT, Sr., and Linda N.
Pickett, his wife, Respondents.
TEXT: EHRLICH, Justice. We have for our review a decision of the First District Court of Appeal
re... so would be to hold one vicariously liable for the acts of another. This is contrary to my
interpretation of Mercury Motors. OVERTON, J., concurs.
100-CITE: 489 So.2d 813 Wiley G. CLAYTON, County Judge, Petitioner, v. Honorable Ben C. WILLIS, etc., et
al., Respondents.
TEXT: EN BANC ON PETITION FOR WRIT OF PROHIBITION PER CURIAM. The petitioner, Wiley G. Clayton,
...ate v. Egan, 287 So.2d 1 (Fla.1973), as adopted by Section 775.01, Florida Statutes, and
punishable as provided in Section 775.02, Florida Statutes.
101-CITE: 489 So.2d 1229 George F. LOZNICKA, Jr. and Lillian N. Loznicka, his wife, Appellants, v.
FLEXITALLIC GASKET CO., INC., Appellee.
TEXT: ZEHMER, Judge. This is an appeal from a summary final judgment in favor of the defendant in
...r disputed issues of fact mandate reversal of the summary judgment and remand for trial.
REVERSED AND REMANDED. SHIVERS and BARFIELD, JJ., concur.
102-CITE: 482 So.2d 574 SARASOTA CLOTH FABRIC & FOAM, INC., a Florida corporation, Appellant, v. E.J.
BENES as Trustee of the Frances M. Benes Trust, Appellee.
TEXT: COBB, Chief Judge. Appellant, Sarasota Cloth Fabric & Foam, Inc. (Sarasota), timely appeals
...nterclaim is dismissed pursuant to Bernstein; the dismissal of count one is reversed. REVERSED
in part; REMANDED. ORFINGER and SHARP, JJ., concur.
103-CITE: 481 So.2d 517 EAGLE-PICHER INDUSTRIES, INC., Appellant, v. Milton T. COX, Sr., Appellee.
TEXT: DANIEL S. PEARSON, Judge. In this appeal from a substantial money judgment entered against
i... 441 So.2d 1098 (Fla. 3d DCA 1983) and compare recent Supreme Court opinion found in Universal
Engineering Corp. v. Perez, 451 So.2d 463 (Fla.1984).
104-CITE: 480 So.2d 675 Emil Lee RUBLEY and Edna Rubley, his wife, Appellants, v. KEENE CORPORATION,
etc., et al., Appellees.
TEXT: JOANOS, Judge. The Rubleys appeal summary final judgments entered in favor of Keene
Corporat...idence the non-existence of a genuine issue of material fact. The summary final judgment
is reversed and remanded. ERVIN and BARFIELD, JJ., concur.
105-CITE: 479 So.2d 294 Charles E. WARD and Frances Ward, his wife, Appellants, v. The CELOTEX
CORPORATION, etc., et al., Appellees.
TEXT: BARFIELD, Judge. Charles E. Ward and Frances Ward, his wife, (Ward) appeal from a partial
fi... summary judgment was improperly entered. See Vilardebo v. Keene Corp., 431 So.2d 620 (Fla. 3d
DCA 1983). REVERSED. ERVIN and JOANOS, JJ., concur.
106-CITE: 477 So.2d 600 Terry Lynn CONLEY, Appellant, v. BOYLE DRUG COMPANY, etc., et al., Appellees.
Terry Lynn CONLEY, Appellant Cross Appellees, v. BOYLE DRUG COMPANY, etc., et al., Appellees Cross
Appellants.
TEXT: ANSTEAD, Judge. The issue presented in this appeal is whether the appellant, Terry Lynn
Conl... ADMITTEDLY CANNOT ESTABLISH THAT A PARTICULAR DEFENDANT WAS RESPONSIBLE FOR THE INJURY?
DELL, J., and GEIGER, DWIGHT L., Associate Judge, concur.
107-CITE: 476 So.2d 789 KEENE CORPORATION and Hartford Accident & Indemnity Company, Appellants, v.
Howard O. BAHL, Appellee.
TEXT: NIMMOMS, Judge. The employer and carrier appeal from an order awarding compensation
benefits... has been paid of awarded or timely claim made as provided in this section, and results
within three hundred fifty weeks after such last exposure.
108-CITE: 472 So.2d 851 William T. CARY, et ux., Plaintiffs Appellants, v. KEENE CORPORATION, et al.,
Defendants Appellees.
TEXT: SHIVERS, Judge. Appellant, plaintiff below, appeals the trial court s entry of final
summary...). As we reverse on this ground, we find it unnecessary to address appellant s other
arguments on appeal. REVERSED. ERVIN and JOANOS, JJ., concur.
109-CITE: 471 So.2d 533 CELOTEX CORPORATION, et. al., Petitioners, v. Lee Loyd COPELAND, et al.,
Respondents.
TEXT: OVERTON, Justice. This asbestos-related injury case is before us on three petitions to
revie...plaint if he so desires. It is so ordered. BOYD, C.J., and ALDERMAN, McDONALD, EHRLICH and
SHAW, JJ., concur. ADKINS, J., concurs in result only.
110-CITE: 467 So.2d 1046 NICOLET, INC., Appellant, v. Edward C. BENTON & Annie M. Benton, his wife,
Apellees. NICOLET, INC., Appellant, v. James H. WOOD, Sr. & Mary Jo Wood, his wife, Appellees.
NICOLET, INC., Appellant, v. Thomas J. LEDDY & Evelyn J. Leddy, his wife, Appellees. NICOLET, INC.,
Appellant, v. George F. LOZNICKA, Jr. & LIllian Loznicka, his wife, Appellees. NICOLET, INC.,
Appellant, v. Clifford W. THOMPSON, Appellee. NICOLET, INC., Appellant, v. Robert M. BARSH & Mary
Barsh, Appellees.
TEXT: ERVIN, Chief Judge. These appeals arise from the entry of non-final interlocutory orders
den...fore the long arm statute traps K & M in the form of Nicolet. Cf. Anders v. Jacksonville
Electric Authority, 443 So.2d 330, 331 (Fla. 1st DCA 1983).
111-CITE: 466 So.2d 1100 Carmella MEEHAN, as Personal Representative of the Estate and Heirs of Charles
Meehan, deceased, Appellant, v. The CELOTEX CORPORATION, a Delaware corporation, Eagle-Picher
Industries, Inc., and Ohio corporation, GAF Corporation, a Delaware corporation, Johns-Manville
Sales Corporation a Delaware corporation, Owens-Illinois, Inc., an Ohio corporation, and H.K. Porter
Company, Inc., Appellees.
TEXT: REVISED OPINION DANIEL S. PEARSON, Judge. The panel opinion issued in this cause on
Novembe...termination, and in the revised opinion overrule another three-judge panel opinion [?] I
would certify this question as well. BASKIN, J., concurs.
112-CITE: 466 So.2d 1113 Jean NANCE, as Personal Representative of the Estate of E.S. Nance, Appellant,
v. JOHNS-MANVILLE SALES CORP., a successor by merger with Johns-Manville Products Corporation;
Unarco Industries, Inc.; GAF Corporation; Standard Asbestos Manufacturing and Insulation Company;
Owens Corning Fiber-glass Corporation; Celotex Corporation, et al., Appellees.
TEXT: OPINION ON REHEARING EN BANC (FN1) NESBITT, Judge. This is an appeal from a final summary
j... panel may decide the case. I dissent from any further en banc orders in this cause other than
one which returns the cause to the three-judge panel.
113-CITE: 465 So.2d 1332 Louis Key COLON and Jeannette M. Colon, Appellants, v. The CELOTEX CORPORATION,
a Delaware corporation, Fibreboard Corporation, a Delaware corporation, et al., Appellees.
TEXT: FERGUSON, Judge. Plaintiff, Louis Colon, appeals from a summary judgment entered in favor
of...tablished to a reasonable medical certainty before time for bringing action had expired).
Reversed and remanded for further consistent proceedings.
114-CITE: 464 So.2d 207 GULF INSURANCE CORPORATION, Appellant, v. CONTINENTAL CASUALTY COMPANY, and
United States Fire Insurance Company, Appellees.
TEXT: HENDRY, Judge. Gulf Insurance Corp. (Gulf), plaintiff below, appeals two adverse summary
fin... not invoked and thus U.S. Fire was not obligated to contribute towards the settlement. We
accordingly affirm the judgments under review. Affirmed.
115-CITE: 463 So.2d 242 JOHNS-MANVILLE SALES CORP., Appellant, v. Edward J. JANSSENS and Patsy A.
Janssens, his wife, Appellees.
TEXT: ZEHMER, Judge. Johns-Manville Sales Corporation appeals a final judgment entered on a jury
v....2d 1023 (Fla. 1st DCA 1983), pet. for rev. dismissed, 447 So.2d 887 (Fla.1984). The motion for
rehearing is DENIED. SMITH and BOOTH, JJ., concur.
116-CITE: 463 So.2d 1260 BENOIT, INC., a Minnesota corporation, Appellant Cross-Appellee, v. DISTRICT
BOARD OF TRUSTEES OF ST. JOHNS RIVER COMMUNITY COLLEGE OF FLORIDA and Giffen Roofing Company of
Jacksonville, a Florida corporation, Appellees Cross-Appellants.
TEXT: SHARP, Judge. We reverse a judgment imposing liability on Benoit, Inc. (Benoit), for a
defec...amages. Swan v. Wisdom, 386 So.2d 574, 576 (Fla. 5th DCA 1980). MOTION FOR REHEARING
GRANTED. COBB, C.J., and FRANK D. UPCHURCH, Jr., JJ., concur.
117-CITE: 459 So.2d 375 The CELOTEX CORPORATION, Appellant, v. Leonard H. PICKETT, Sr., and Linda N.
Pickett, his wife, Appellees.
TEXT: WIGGINTON, Judge. Appellant, Celotex Corporation, appeals a judgment entered pursuant to a
j...tigation. *378 We have considered appellant s remaining two points and find them to be without
merit. AFFIRMED. JOANOS and BARFIELD, JJ., concur.
118-CITE: 447 So.2d 908 Lee Loyd COPELAND and Vaudeen Copeland, Appellants, v. The CELOTEX CORPORATION,
Appellee.
TEXT: JORGENSON, Judge. This and Copeland v. Armstrong Cork Co., 447 So.2d 922 (Fla. 3d DCA
1984),...te. Nonetheless, because it is most certainly an issue of great public importance, I would
certify the question to the Supreme Court for resolution.
119-CITE: 447 So.2d 922 Lee Loyd COPELAND and Vaudeen Copeland, Appellants, v. ARMSTRONG CORK COMPANY,
et al., Appellees.
TEXT: HUBBART, Judge The central issue presented by this appeal is at what point in time does a
ca...d. The final summary judgments entered in the above-styled cause are reversed and the cause is
remanded to the trial court for further proceedings.
120-CITE: 441 So.2d 1098 Elbert BROWN and Edith Brown, Appellants, v. ARMSTRONG WORLD INDUSTRIES, INC.;
the Celotex Corporation; Nicolet, Inc.; Gaf Corporation; Pittsburgh Corning Corporation;
Eagle-Picher Industries, Inc.; Owens-Illinois, Inc.; Combustion Engineering, Inc.; and Owens-Corning
Fiberglas Corporation, Appellees.
TEXT: PER CURIAM. The trial court entered final summary judgment for the defendants on the ground
... (Fla. 3d DCA 1983); Roberts v. Casey, 413 So.2d 1226 (Fla. 5th DCA 1982); Steiner v. *1101
Ciba-Geigy Corporation, 364 So.2d 47 (Fla. 3d DCA 1978).
121-CITE: 438 So.2d 990 DADE COUNTY SCHOOL BOARD and Gallagher Bassett Insurance Service, Appellants, v.
James ALBERT, Appellee.
TEXT: PER CURIAM. In his order dated January 17, 1983, the deputy commissioner found that
claimant... or aggravation of a preexisting condition, and (3) that he has been subjected to a
hazard greater than that to which the general public is exposed.
122-CITE: 433 So.2d 592 Frank MARANO and Lois Marano, Appellants, v. The CELOTEX CORPORATION,
Eaglepicher Industries, Inc., H.K. Porter Company, Inc., Combustion Engineering, Inc., Appellees.
TEXT: PER CURIAM. Frank Marano allegedly incurred an asbestos injury in either New York or New
*59...s, or in a foreign country, and its laws forbid the maintenance of the action because of lapse
of time, no action shall be maintained in this state.
123-CITE: 431 So.2d 620 Ruben VILARDEBO and Evelia Vilardebo, Appellants, v. KEENE CORPORATION, et al.,
Appellees.
TEXT: PEARSON, Tillman (Ret.) Associate Judge This appeal is from a final summary judgment for
the...sion in Diamond v. E.R. Squibb and Sons, supra, quashing this court s opinion in Diamond v.
E.R. Squibb and Sons, 366 So.2d 1221 (Fla. 3d DCA 1979).
