Benzene, Aromatic Hydrocarbon,Benzene Formula,Benzene Ring,Benzene Nucleus,Kekule Formula
Results 1-851
1-CITE: 643 So.2d 636 Bambi LINDHEIMER and Richard Lindheimer, Appellants, v. The ST. PAUL FIRE AND
MARINE INSURANCE COMPANY, Appellee.
TEXT: ON REHEARING EN BANC. GERSTEN, Judge. Appellants, Bambi and Richard Lindheimer (the
Lindhei...commonly understood, professional malpractice includes intentional misconduct, as well as
negligent acts, in the rendition of professional services.
2-CITE: 755 So.2d 79 In re CERTIFICATION OF the NEED FOR ADDITIONAL JUDGES.
TEXT: HARDING, C.J. Under the provisions of article V, section 9 of the Florida Constitution, the
...orize the judgeships certified herein, effective October 1, 2000. It is so ordered. SHAW,
WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
3-CITE: 751 So.2d 537 David GOODWIN, Petitioner, v. STATE of Florida, Respondent. Herbert Jones,
Petitioner, v. State Of Florida, Respondent.
TEXT: PARIENTE, J. We consolidate these cases because the Fourth District in Goodwin v. State,
721...ge Klein does what we stated in Schultz in 1952 that it was our duty to do: give preference to
a construction which will give effect to the statute.
4-CITE: 533 So.2d 841 Tommie Lee ANDREWS, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. The issue in this case concerns the admissibility of genetic fingerprint
ev...Arnold v. State, 514 So.2d 419 (Fla. 2d DCA 1987). Finding no error, the convictions and
sentences are AFFIRMED. DAUKSCH and DANIEL, JJ., concur.
5-CITE: 757 So.2d 628 Darwin V. BROWN, Appellant, v. Judith A. MINNING f k a Judith A. Brown,
Appellee.
TEXT: JOHNSON, Jr., W.C., Associate Judge. Darwin Brown appeals from an order which denied his
req... settlement agreement, even though the court could not order the same provisions absent an
agreement). AFFIRMED. W. SHARP, and PLEUS, JJ., concur.
6-CITE: 753 So.2d 683 Barrington WILSON, Appellant, v. The STATE of Florida, Appellee.
TEXT: SORONDO, J. Barrington Wilson, defendant, appeals his convictions and sentence on three
coun...d for her extensive efforts to ensure this most recalcitrant defendant a fair trial. We
reject the defendant s remaining claim of error. Affirmed.
7-CITE: 752 So.2d 1 Stephen G. MILAM, Appellant, v. Pasha YENKE, Appellee.
TEXT: COBB, J. In the instant case the jury returned a verdict for the plaintiff, Pasha Yenke,
awa...ovember 30, 1998 and the untimely appeal of that judgment has heretofore been dismissed.
REVERSED AND REMANDED. W. SHARP and GRIFFIN, JJ., concur.
8-CITE: 752 So.2d 4 Kimberly CONINE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant challenges judgments and sentences for third degree murder,
aggravated...ee murder and REMAND with instructions to vacate the judgment and sentence for third
degree murder. JOANOS, LAWRENCE and VAN NORTWICK, JJ., CONCUR.
9-CITE: 750 So.2d 118 Donna ROONEY, Appellant, v. Michael P. ROONEY, Appellee.
TEXT: NORTHCUTT, Judge. Donna Rooney questions the circuit court s child support award in a split
...e of $168.82. The correct award is $441.79. Affirmed, but remanded for correction of a
typographical error. FULMER, A.C.J., and GREEN, J., Concur.
10-CITE: 750 So.2d 626 The FLORIDA SENATE, et al., Petitioners Cross-Respondents, v. Katherine HARRIS,
etc., et al., Respondents Cross-Petitioners.
TEXT: HARDING, C.J. The Florida Senate and Senate President Toni Jennings petition this Court for
...tions bills; and to ensure the integrity of the legislative process in substantive lawmaking. See
Brown v. Firestone, 382 So.2d 654, 663 (Fla.1980).
11-CITE: 748 So.2d 963 Etirza EVERSLEY, Petitioner, v. STATE of Florida, Respondent.
TEXT: HARDING, C.J. We have for review State v. Eversley, 706 So.2d 1363 (Fla. 2d DCA 1908),
which...d abuse conviction. It is so ordered. WELLS and ANSTEAD, JJ., and OVERTON, Senior Justice,
concur. SHAW and PARIENTE, JJ., concur in result only.
12-CITE: 748 So.2d 1038 Dennis ALDERMAN, Appellant, v. FLORIDA PLASTERING and Associated Industries
Insurance Company, Appellees.
TEXT: PER CURIAM. Dennis Alderman, the claimant, appeals a final order by the judge of
compensatio...ULATE THE OFFSET BASED ON THE YEARLY 5% INCREASE IN SUPPLEMENTAL BENEFITS? Reversed
and Remanded. BENTON, VAN NORTWICK and PADOVANO, JJ., CONCUR.
13-CITE: 746 So.2d 1152 Robert HARRIS, and Real Estate Marketing And Consulting, Inc., a Florida
corporation, Appellants, v. SCHICKEDANZ BROS.-RIVIERA LTD., a Florida Limited Partnership, and
Schickedanz Bros.-Palm Beach, Ltd., a Florida Limited Partnership, and Schickedanz Enterprises,
Inc., the corporate general partner of Schickedanz Bros.-Riviera Ltd., and Schickedanz Bros.-Palm
Beach, Ltd., Appellees.
TEXT: HAZOURI, J. Robert Harris ( Harris ) and Real Estate Marketing and Consulting, Inc. ( ReMac
...l of Counts II, IV, and V and affirm the dismissal of Count III. AFFIRMED in part; REVERSED in
part, and REMANDED. GUNTHER and GROSS, JJ., concur.
14-CITE: 746 So.2d 1198 BALDWIN SOD FARMS, INC., a foreign corporation, Appellant, v. Hugh D. CORRIGAN
and James P. Corrigan, Jr., as Co-Trustees of the Patricia Corrigan Grantor Reserved Income Trust
and the J. Pat Corrigan Grantor Reserved Income Trust, Appellees.
TEXT: PER CURIAM. Baldwin Sod Farms, Inc. ( Baldwin ) appeals an order evicting Baldwin and
direct...equired by Par. 30 of the lease. Based on the foregoing, we reverse and remand for jury
trial. REVERSED. GUNTHER, POLEN and TAYLOR., JJ., concur.
15-CITE: 745 So.2d 364 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. LAKEPOINTE
ASSOCIATES, Appellee.
TEXT: PADOVANO, J. This is an appeal from a final order setting the amount of an attorney s fee
in...utes, based on the difference between the amount of the offer and the amount of the jury
verdict. Reversed. BARFIELD, C.J., and MINER, J., CONCUR.
16-CITE: 745 So.2d 473 DEPARTMENT OF REVENUE, STATE OF FLORIDA, Appellant, v. SEMINOLE CLUBS, INC.,
etc., Appellee.
TEXT: GRIFFIN, J. The Department of Revenue [ Department ] appeals the final judgment awarding
dec... enough that the improvements were made to city-owned property and, upon voluntary or
involuntary termination of the lease, would remain city-owned.
17-CITE: 745 So.2d 1074 Heidi D. YOUNG, Appellant, v. Roy Timothy YOUNG, Appellee.
TEXT: POLEN, J. Former Wife, Heidi D. Young, timely appeals from a final judgment on her
supplemen...la.1997). As to the remaining point on appeal, we affirm as unpersuasive. AFFIRMED.
GROSS, J., and McCARTHY, TIMOTHY P., Associate Judge, concur.
18-CITE: 743 So.2d 118 Jerry GAINES, Petitioner, v. FLORIDA PAROLE COMMISSION, Respondent.
TEXT: WARNER, C.J. In this petition for certiorari, prisoner Jerry Gaines seeks review of the
circ...order dismissing the complaint. In my judgment, the term serving, as used here, is
inapplicable to a retired judge. In all other respects, I concur.
19-CITE: 739 So.2d 1183 Harry K. SINGLETARY, Jr., Appellant, v. Edward J. WHITTAKER, Appellee.
TEXT: ON MOTION FOR REHEARING EN BANC HARRIS, J. We grant rehearing en banc, withdraw our
previou...probation. This provision eliminates the trial court s discretion to recognize gain time,
meaning there will no gain time which the DOC can forfeit.
20-CITE: 738 So.2d 326 Guillermo ARBELAEZ, et al., Petitioners, v. Robert A. BUTTERWORTH, etc.,
Respondent. Capital Collateral Representative-Northern Region, et al., Petitioners, v. Harry K.
Singletary, Jr., etc., Respondent.
TEXT: ORDER In February 1998, the Capital Collateral Regional Counsel for the Southern Region of
F... to carry out our constitutional obligations depends substantially upon the quality of the work
of capital counsel. KOGAN, Senior Justice, concurs.
21-CITE: 738 So.2d 491 CITY OF HOLLYWOOD and Interrisk Concepts, Appellants Cross-Appellees, v. Albert
LOMBARDI, Appellee Cross-Appellant.
TEXT: ERVIN, J. We are asked to address six issues in this workers compensation case. The City of
... circuit court which binds the judge of compensation claims. Offsets, adjustments, or percentage
reductions must occur, if at all, in circuit court.
22-CITE: 737 So.2d 615 GTECH CORPORATION, Appellant, v. STATE of Florida DEPARTMENT OF the LOTTERY and
Automated Wagering International, Inc, Appellees.
TEXT: PADOVANO, J. This is an appeal from a final administrative order by the Department of the
Lo...ple, because of operational problems, AWI had lost its Arizona Lottery contract upon which AWl
s proposal for the Florida Lottery was to be modeled.
23-CITE: 734 So.2d 403 William BELL, et al., Petitioners, v. U.S.B. ACQUISITION COMPANY, INC., etc., et
al., Respondents. U.S.B. Acquisition Company, Inc., etc., et al., Petitioners, v. Allen G. Stamm, et
al., Respondents.
TEXT: PARIENTE, J. We have for review U.S.B. Acquisition Co. v. Stamm, 695 So.2d 373, 376 (Fla.
4t... order was rendered on October 7, 1996, and on November 6, 1996, the motion was filed seeking
review of the assessment of appellate attorney s fees.
24-CITE: 734 So.2d 537 Paula C. TODD, Appellant, v. Kenneth M. TODD, Appellee.
TEXT: PER CURIAM. In this appeal from a final judgment of dissolution of marriage, the former
wife...N2) Among other things, the court allocated one-third of the family income to the former
wife, but required her to pay one-half of the marital debt.
25-CITE: 734 So.2d 1191 Paul R. LEVINE, M.D., Stephen M. Zweibach, M.D., Mark R. Davis, M.D., P.A., a
dissolved Florida professional association, Appellant, v. Paul R. LEVINE, M.D.; Susan W. Levine;
Tampa Obstetrics, P.A., a Florida Professional Association; Richard Gordimer, C.P.A.; and Rivero,
Gordimer & Company, P.A., Appellees.
TEXT: NORTHCUTT, Judge. This appeal arises from a dispute among the three shareholders in the
appe...ts damages suffered as a result of the temporary injunction. Reversed and remanded with
directions. ALTENBERND, A.C.J., and CASANUEVA, J., Concur.
26-CITE: 733 So.2d 536 AMERICANA DUTCH HOTEL and Cigna Property & Casualty Co., Appellants, v. Johnny
McWILLIAMS, Appellee.
TEXT: KAHN, J. In this case, the employer carrier (E C) appeal an order of the judge of
eompensati...irmed in Cruse, is still good law. Alderman, 23 Fla. L. Weekly at D2579, -- So.2d at
--, 1998 WL 798821. AFFIRMED. WOLF and PADOVANO, JJ., concur.
27-CITE: 733 So.2d 1124 ENRIQUILLO EXPORT & IMPORT, INC., Appellant, v. M.B.R. INDUSTRIES, INC.,
Appellee.
TEXT: FARMER, J. This appeal brings a holding that a debtor complied with a general, unqualified
o...u Monde, Inc., 366 So.2d 788, 791 (Fla. 2d DCA 1978)). In this case logic and reason dictate
that this court uphold the ruling of the trial court.
28-CITE: 732 So.2d 486 Lawrence H. PAOLI, Appellant, v. Russell S. NATHERSON, and Patrick L. Gallagher,
Appellee(s).
TEXT: NORTHCUTT, Judge. This appeal and cross-appeal involve claims arising from Lawrence Paoli s
... sum. Final judgment on claim affirmed, amended final judgment on counterclaim reversed, and
remanded. WHATLEY, A.C.J., and CASANUEVA, J., Concur.
29-CITE: 732 So.2d 1173 Everett Paul LIMA, Appellant, v. The STATE of Florida, Appellee.
TEXT: SORONDO, J. Everett Paul Lima (defendant), appeals an order of revocation of probation and
s...ere satisfied, we conclude that the testimony via satellite in this case constituted a
permissible exception to the Confrontation Clause. Affirmed.
30-CITE: 731 So.2d 21 OCALA BREEDERS SALES COMPANY, INC., a Florida Corporation and the State of
Florida, Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering,
Appellants, v. FLORIDA GAMING CENTERS, INC., d b a Ocala Jai Alai, Appellee.
TEXT: PADOVANO, J. At issue in this appeal is the constitutionality of section 550.615(9) Florida
...or obtaining a license to conduct intertrack wagering are not rationally related to the purpose
of the law. Affirmed. MINER and WOLF, JJ., CONCUR.
31-CITE: 731 So.2d 725 ELITE TILE & MARBLE and Associated Industries Insurance Company, Inc.,
Appellants Cross-Appellees, v. Charles BURNETT, Appellee Cross-Appellant.
TEXT: PER CURIAM. We agree that the judge of compensation claims should have allowed the employer
...40.15(3), Florida Statutes (Supp.1994), to allow recovery of overpayments occurring on or after
January 1, 1994 without regard to date of accident).
32-CITE: 729 So.2d 523 In re ESTATE OF Sallie Pearl WIGGINS, Deceased. Indian River Memorial Hospital,
a Florida not-for-profit corporation, Appellant, v. Charlie Mae W. Destin, as Personal
Representative of the Estate of Sallie Pearl Wiggins, Deceased, Appellee.
TEXT: BROWN, LUCY CHERNOW, Associate Judge. The issue presented by this appeal is whether the
tria...es its decision on substantial competent evidence, as did the trial judge here, we will find
no error. AFFIRMED. POLEN and STEVENSON, JJ., concur.
33-CITE: 727 So.2d 363 ALL PRO SPORTS CAMP, INC., etc., et al., Appellants, v. WALT DISNEY COMPANY,
etc., et al., Appellees.
TEXT: THOMPSON, J. All Pro Sports Camps, Inc., Nicholas Stracick, and Edward Russell
(collectively...be proper. In my view, the other counts assert no cognizable claims in the context
of this case, and further pleading would likely serve no purpose.
34-CITE: 724 So.2d 1258 SEDS, INC., a corporation, f k a Worldmark Corporation, Appellant, v. HARTFORD
FIRE INSURANCE CO., a corporation, Appellee.
TEXT: ON MOTION FOR REHEARING KLEIN, J. We grant appellant s motion for rehearing, withdraw our
o... the insured and find them to be without merit. Affirmed in part and reversed in part. WARNER,
J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
35-CITE: 723 So.2d 263 STATE of Florida, et al., Appellants, v. AMERICAN TOBACCO COMPANY, et al.,
Appellees. State of Florida, et al., Petitioners, v. Kerrigan, Estess, Rankin & Mcleod, et al.,
Respondents.
TEXT: PER CURIAM. We have on consolidated review three trial court orders which the Fourth
Distric... be filed within seven days. HARDING, C.J., and OVERTON, SHAW, KOGAN and WELLS, JJ., and
BENTON, Associate Justice, concur. PARIENTE, J., recused.
36-CITE: 721 So.2d 357 Jonathan WOLF, Appellant, v. NATIONS CAPITAL, INC., a corporation, Appellee.
TEXT: HARRIS, Judge. Wolf contracted to become a mortgage broker real estate salesman with
Nations... the agreement and reduce that amount from the judgment herein. AFFIRMED in part;
REVERSED in part and REMANDED. W. SHARP and ANTOON, JJ., concur.
37-CITE: 720 So.2d 316 Margaret ADAIR, Appellant, v. Robert ADAIR, Appellee.
TEXT: WARNER, Judge. The wife appeals a final judgment of dissolution of marriage in which the
tri...e do not express an opinion as to Landay s continuing viability in light of the equitable
distribution statute because it has not been argued to us.
38-CITE: 720 So.2d 1077 STANDARD JURY INSTRUCTIONS--CIVIL CASES (NO. 98-1).
TEXT: WELLS, Justice. The Florida Supreme Court Committee on Standard Jury Instructions in Civil
C.... v. Cohen, 659 So.2d 1064 (Fla.1995), and Haddad v. Cura, 674 So.2d 168 (Fla. 3d DCA 1996),
since they are the only decisions addressing the issue.
39-CITE: 720 So.2d 1125 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Robert J.
SKIDMORE, Appellee.
TEXT: POLEN, Judge. The Florida Department of Transportation ( DOT ) timely appeals three final
or...we affirm. AFFIRMED in part; REVERSED in part and REMANDED for further proceedings in
accordance with this opinion. GROSS and TAYLOR, JJ., concur.
40-CITE: 718 So.2d 276 GENERAL MOTORS ACCEPTANCE CORPORATION, Appellant, v. Ronald LAESSER and Ed Morse
Operations, Inc., a Florida Corporation, Appellees.
TEXT: WILLIAM C. OWEN, Jr., Senior Judge. General Motors Acceptance Corporation ( GMAC ) appeals
a... As the majority demonstrates, the plaintiff s formula for damages included elements that
exceeded the actual damages recoverable under the statute.
41-CITE: 718 So.2d 1179 In re AMENDMENTS TO THE RULES REGULATING THE FLORIDA BAR.
TEXT: PER CURIAM. This matter is before the Court on the petition of The Florida Bar for
amendment...nter shall endeavor to assist the commission in this regard consistent with the center s
funding, staffing, operational, and reporting structure.___
42-CITE: 717 So.2d 89 James WHITE, Appellant, v. Clavon M. WHITE, Appellee.
TEXT: SHEVIN, Judge. James White appeals a final judgment of dissolution of marriage urging error
...fore, failure to account for tax consequences was not an abuse of discretion. Based on the
foregoing, we affirm the final judgment in its entirety.
43-CITE: 717 So.2d 166 GOLF CLUB OF PLANTATION, INC., a Florida corporation, Appellant, v. CITY OF
PLANTATION, a municipal corporation organized and existing under the laws of the State of Florida,
Appellee.
TEXT: SHAHOOD, Judge. The dispute in this case arises out of the City of Plantation s ( the City
)...ings consistent with this opinion. AFFIRMED IN PART; REVERSED IN PART, AND REMANDED. GUNTHER,
J., and RAMIREZ, JUAN, Jr., Associate Judge, concur.
44-CITE: 717 So.2d 594 Jeffrey ZWIRN, Appellant, v. PENN MUTUAL LIFE INSURANCE COMPANY, Appellee.
TEXT: KLEIN, Judge. Appellant, who owned his own business, was the insured under an overhead
insur...ly implicated by it. I would reverse. ------------ (FN4) So far as I am able to determine,
the maximum amount is the same as for the current policy.
45-CITE: 717 So.2d 1103 Sharon JOHNS, Appellant, v. Donald RICHARDS, Appellee.
TEXT: WEINSTEIN, PETER M., Associate Judge. Appellant is the mother and Appellee is the father of
.... Reversed in part. Affirmed in part. Remanded for reconsideration and recalculation of
retroactive child support. GUNTHER and POLEN, JJ., concur.
46-CITE: 715 So.2d 265 CITY OF SAFETY HARBOR, Florida, Appellant, v. COMMUNICATIONS WORKERS OF AMERICA
and Public Employees Relations Commission, Appellees.
TEXT: KAHN, Judge. The City of Safety Harbor appeals a final order entered by the Public
Employees..., 429 So.2d 1232 (Fla. 5th DCA 1983), case dismissed by Public Employees Relations Comm
n v. Southeast Volusia Hosp. Dist, 452 So.2d 568 (Fla.1984).
47-CITE: 715 So.2d 1044 Nancy L. HESS, Appellant Cross-Appellee, v. Ronald M. HESS, Appellee
Cross-Appellant.
TEXT: SHAHOOD, Judge. This is the second appeal in this dissolution action. In the first appeal,
w...nd. AFFIRMED IN PART; REVERSED IN PART AND REMANDED. DELL and TAYLOR, JJ., concur.
------------ (FN1) Landay v. Landay, 429 So.2d 1197 (Fla.1983).
48-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.
49-CITE: 714 So.2d 356 Stephan BITTERMAN, et al., Petitioners, v. Anette BITTERMAN, Respondent. Stephan
BITTERMAN, et al., Petitioners, v. Patrick H. WEIDENBENNER, Respondent.
TEXT: HARDING, Justice, We have for review Bitterman v. Bitterman, 685 So.2d 861 (Fla. 4th DCA
199...ms College cases and our reasoning here. It is so ordered. KOGAN, C.J., OVERTON, SHAW, WELLS
and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.
50-CITE: 714 So.2d 436 WAL-MART STORES and Claims Management, Inc., Petitioners, v. George CAMPBELL,
Respondent.
TEXT: WELLS, Justice. We have for review Wal-Mart Stores v. Campbell, 694 So.2d 136 (Fla. 1st DCA
... to work full-time for Wal-Mart and part-time for Krystal, at the wages indicated). Wal-Mart,
694 So.2d at 142. KOGAN, C.J., and SHAW, J., concur.
51-CITE: 714 So.2d 1165 Wayne Henry OLSEN, Appellant, v. Ivadale G. KEEFER, Appellee.
TEXT: WOLF, Judge. Wayne Henry Olsen, the former husband, appeals from a final order
domesticating...erty. (FN2) We would note that the trial court did not have the benefit of the
Boyett decision at the time it entered the order in the instant case.
52-CITE: 711 So.2d 46 FRANKLIN & MARBIN, P.A., Appellant, v. Kim Lasky MASCOLA, Appellee.
TEXT: FARMER, Judge. A discharged lawyer sued his former client for fees under their contract of
r...damages under the fee contract the specific question of whether in this instance she has waived
her right to a jury. WARNER and KLEIN, JJ., concur.
53-CITE: 711 So.2d 158 Ronald D. BURKHARDT, Appellant, v. Laura A. BASS, Appellee.
TEXT: PARIENTE, BARBARA J., Associate Judge. Appellant, Ronald D. Burkhardt (father), appeals the
...th an imputation of income and the amount of income imputed, there is no basis to reverse.
STONE, C.J., and KARLAN, SANDY, Associate Judge, concur.
54-CITE: 710 So.2d 208 Dana William WHITE, Husband, Appellant, v. Brenda Black WHITE, Wife, Appellee.
TEXT: MICKLE, Judge. Dana William White, the former husband, challenges certain findings of fact
a...rth, fifth, sixth, and seventh issues are without merit. Accordingly, the final judgment is
AFFIRMED in all respects. KAHN and DAVIS, JJ., concur.
55-CITE: 707 So.2d 1112 Geri E. FINLEY, Appellant, v. Dennis SCOTT, Appellee.
TEXT: WELLS, Justice. We have for review Finley v. Scott, 687 So.2d 338 (Fla. 5th DCA 1997),
which...rd with the guardianship of that state may also be used. *1119 sharing in the noncustodial
parent s good fortune. Id. at 438-39 (footnote omitted).
56-CITE: 706 So.2d 1363 STATE of Florida, Appellant Cross-Appellee, v. Etirza EVERSLEY, Appellee
Cross-Appellant.
TEXT: QUINCE, Judge. Etirza Eversley was charged with and convicted of manslaughter and felony
chi...elony child abuse. We hereby reinstate Eversley s convictions for manslaughter and felony
child abuse. ALTENBERND, A.C.J., and FULMER, J., concur.
57-CITE: 705 So.2d 1381 J.A.S., a child, and J.L.R., a child, Petitioners, v. STATE of Florida,
Respondent.
TEXT: ANSTEAD, Justice. We have for review the decision in State v. J.A.S., 686 So.2d 1366 (Fla.
5..., approve the Fifth District s decision. It is so ordered. KOGAN, C.J., OVERTON, SHAW, HARDING
and WELLS, JJ., and GRIMES, Senior Justice, concur.
58-CITE: 704 So.2d 152 SECRETARY OF STATE, Sandra B. Mortham, et al., Appellants, v. Robert F.
MILLIGAN, et al., Appellees.
TEXT: BARFIELD, Chief Judge. Appellants seek review of a circuit court order in which the trial
ju...gest that an administrative agency is unable to recognize, in an appropriate case, that a later
statute has modified or repealed an earlier statute.
59-CITE: 704 So.2d 606 Marvin ELLIOT, a k a Marvin Eugene Elliot, Appellant, v. STATE of Florida,
Appellee.
TEXT: FARMER, Judge. We affirm without discussion the trial court s finding that defendant was
com...y opinion granted. A new trial is required on the resisting arrest without violence count. The
count on improper exhibition of a weapon is affirmed.
60-CITE: 703 So.2d 451 Eldis Raymell BOYETT, Petitioner, v. Merle M. BOYETT, Jr., Respondent.
TEXT: WELLS, Justice. We have for review Boyett v. Boyett, 683 So.2d 1140 (Fla. 5th DCA 1996),
whi...e competing concerns of entitlement and the indefinite deferment of that entitlement under the
particular facts of this case. KOGAN, C.J., concurs.
61-CITE: 703 So.2d 1143 Bernard HOOPER, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, Judge. Appellant was convicted of robbery with a firearm, theft of a motor vehicle,
a...ondemned by the ex post facto provisions of both constitutions. ------------ (FN4) Obviously I
perceive no unfairness to the defendant in this case.
62-CITE: 702 So.2d 536 Michael P. GIBBONS, Appellant, v. STATE PUBLIC EMPLOYEES RELATIONS COMMISSION
and Department of Juvenile Justice, Appellees.
TEXT: WHATLEY, Judge. Michael P. Gibbons challenges an order of the Public Employees Relations
Com...he burden then shifts back to the plaintiff to raise a genuine factual question as to whether
the reasons are mere pretext. Hairston, 9 F.3d at 920.
63-CITE: 701 So.2d 370 Paul F. SUTTON, Appellant Cross-Appellee, v. Donna Mae SUTTON n k a Donna Mae
Brown, Appellee Cross-Appellant.
TEXT: PATTERSON, Judge. Paul F. Sutton (Paul), the former husband, appeals from a final judgment
a...nter an amended final judgment deleting the $13,500.60. Affirmed in part, reversed in part, and
remanded. DANAHY, A.C.J., and LAZZARA, J., concur.
64-CITE: 699 So.2d 235 Richard L. ABERNETHY, Petitioner, v. Monica R. FISHKIN, f k a Monica R.
Abernethy, Respondent.
TEXT: KOGAN, Chief Justice. We have for review Abernethy v. Abernethy, 670 So.2d 1027 (Fla. 5th
DC...ttlement agreement and incorporated into a judgment of dissolution. See Casto v. Casto, 508
So.2d 330, 333 (Fla.1987); McMahan, 567 So.2d at 977-78.
65-CITE: 699 So.2d 729 Brent C. MILLER, et al., Appellants, v. JACOBS & GOODMAN, P.A., Appellee.
TEXT: PETERSON, Judge. Brent Miller, Charles Rand, and Miller & Rand, P.A., ( M & R ), appeal the
...er pled nor proved; (3) Vacate the award of all damages and attorney s fees; (4) Remand for
further proceedings. GOSHORN and HARRIS, JJ., concur.
66-CITE: 699 So.2d 747 In re ESTATE OF Mildred Frances McQUEEN, deceased. Robert E. HOLLEY and James R.
Hunsuck, Personal Representatives, Appellants, v. FIRST GUARANTY BANK & TRUST COMPANY, Trustee,
Appellee.
TEXT: JOANOS, Judge. Appellants, Robert E. Holley and James R. Hunsuck, personal representatives
o...orney s fees request to be substantially unreasonable. The court shall direct from which part
of the trust they shall be paid. (emphasis supplied)
67-CITE: 697 So.2d 115 THE FLORIDA BAR RE AMENDMENTS TO RULES REGULATING THE FLORIDA BAR.
TEXT: PER CURIAM. The Florida Bar, as part of its annual review and with the authorization of the
...uthority in the authorized legal assistance attorney s home state of any disciplinary action
taken against the authorized legal assistance attorney.
68-CITE: 697 So.2d 918 Gerald LEFEBVRE, Appellant Cross-Appellee, v. Gilbert JAMES and Barbara James,
his wife, Appellees Cross-Appellants.
TEXT: STONE, Chief Judge. We reverse a plaintiff s judgment in this legal malpractice action,
aris...ins. *921 Therefore, the judgment is reversed and we remand for further proceedings
consistent with this opinion. WARNER and SHAHOOD, JJ., concur.
69-CITE: 697 So.2d 1224 SUWANNEE RIVER WATER MANAGEMENT DISTRICT, a special taxing district under
Florida Statute, Ch. 373, Appellant, v. The Honorable Teila PEARSON, Tax Collector for Bradford
County, Florida, Appellee.
TEXT: PER CURIAM. Appellant, Suwannee River Water Management District, challenges an Order on
Moti...a statute is irrelevant where the wording of the statute is clear. (citations omitted))
REVERSED. BARFIELD, C.J., and KAHN and ERVIN, JJ., concur.
70-CITE: 696 So.2d 697 Eileen ROSEN, Petitioner, v. Gene ROSEN, Respondent.
TEXT: PER CURIAM. We have for review Rosen v. Rosen, 659 So.2d 368 (Fla. 3d DCA 1995) (Rosen VI),
...to bring such claims because of the lack of resources. For these reasons, I dissent from the
majority s holding on this issue. GRIMES, J., concurs.
71-CITE: 696 So.2d 1103 AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE.
TEXT: PER CURIAM. We have for consideration The Florida Bar Appellate Rules Committee s
(Committee...order or orders designated in the notice of appeal should be attached to the notice of
appeal as provided in rules 9.110(d), 9.130(c), and 9.160(c).
72-CITE: 696 So.2d 1364 COASTAL RECOVERY CENTERS, INC., Appellant, v. Eugene MATTHEWS, Robert Anderson,
Charles Richards, Jack O Neil And David Mills, as and constituting the Board Of County Commissioners
of Sarasota County, Florida, Appellees.
TEXT: THREADGILL, Judge. Coastal Recovery Centers, Inc., challenges the dismissal of its
complaint...ing so, we are not expressly or impliedly approving Coastal s elected remedy of
mandamus. Reversed. SCHOONOVER, A.C.J., and PATTERSON, J., concur.
73-CITE: 695 So.2d 714 ESTATE OF Conway BROCK, deceased. Conway BROCK, Jr., Appellant, v. Newman D.
BROCK, Appellee.
TEXT: JOANOS, Judge. For the third time, we are called upon to review matters relating to the
prob...stant is affirmed; the order approving compensation of professionals is reversed and remanded
for further proceedings. BOOTH and WOLF, JJ., concur.
74-CITE: 694 So.2d 708 Keydrick JORDAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We have on appeal the judgment and sentence of the trial court imposing the
deat...ure legislation might result in Jordan s release from prison if a life sentence were imposed;
and (3) his death sentence is constitutionally infirm.
75-CITE: 694 So.2d 793 STATE of Florida, Appellant, v. Jerry BRIGHAM, Milan Krstec, John Paul
Pobudinski, and Terrence Rolph, Appellees.
TEXT: ALTENBERND, Acting Chief Judge. The state appeals a nonfinal order granting a motion in
limi...BAL, and defendants motions to suppress the breath test results as irrelevant (or dismiss the
information as not charging a crime) should be denied.
76-CITE: 693 So.2d 546 STATE of Florida, etc., Appellant, v. SARASOTA COUNTY, Florida, etc., Appellee.
TEXT: OVERTON, Justice. We have for review the State s appeal of the trial court s judgment
valida...old owner get the benefit of the reduction of payment in a make-up year? I cannot approve
this delinquency scheme. GRIMES and HARDING, JJ., concur.
77-CITE: 692 So.2d 993 Vittorio GUSMANO, Appellant, v. J & A ASSOCIATES and Employer Self Insurers
Fund, Appellees.
TEXT: BENTON, Judge. Vittorio Gusmano, who was working more than forty hours per week at the time
... below that the judge of compensation claims should calculate his average weekly wage by
averaging his wages for the five weeks he worked full time.
78-CITE: 690 So.2d 654 DAYCO PRODUCTS and Crawford & Company, Appellants Cross-Appellees, v. Robert G.
McLANE, Appellee Cross-Appellant.
TEXT: ERVIN, Judge. The employer, Dayco Products, and servicing agent, Crawford & Company
(collect...C s reduction. AFFIRMED IN PART, REVERSED IN PART, and REMANDED for further proceedings
consistent with this opinion. KAHN and DAVIS, JJ., concur.
79-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.
80-CITE: 689 So.2d 276 GENERAL CINEMA BEVERAGES OF MIAMI, INC., d b a Pepsi Cola Bottling Company of
Florida, Appellant, v. Timothy MORTIMER and Glenda Mortimer, Appellees.
TEXT: COPE, Judge. General Cinema Beverages of Miami, Inc. appeals an order denying its motion to
...e 9.130(a)(3)(C)(vi). See Ramos v. Univision Holdings, Inc., 655 So.2d 89 (Fla.1995). We need not
reach that jurisdictional question in this appeal.
81-CITE: 688 So.2d 372 SEMINOLE COUNTY, Appellant, v. CUMBERLAND FARMS, INC., et al, Appellee.
TEXT: THOMPSON, Judge. Seminole County appeals from an order awarding attorney s fees in the
amoun... x 2 $ 88,600 Lodestar $ 20,144 TOTAL = $108,744 Total divided by three $
36,248 Total award $ 36,300 (rounded to nearest $100)
82-CITE: 688 So.2d 435 Stephen OBER, Appellant, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellee.
TEXT: PER CURIAM. Appellant Stephen Ober (Ober) appeals from an order of the Department of
Environ... that the recommended order of the hearing officer be adopted. REVERSED and REMANDED.
COBB and ANTOON, JJ., and ORFINGER, M. Senior Judge, concur.
83-CITE: 688 So.2d 968 SPECIAL DISABILITY TRUST FUND, Appellant, v. A-1 BLOCK CORP. and FEISCO,
Appellees.
TEXT: PER CURIAM. The Special Disability Trust Fund (Fund) appeals from a final order, entered by
...eimbursement from the Fund for the settlement amount paid permanent total disability is REVERSED.
BARFIELD, C.J., and KAHN and BENTON, JJ., concur.
84-CITE: 687 So.2d 16 Waqar Ahmad (Mickey) KHAN, and Ammar Ahmad Khan, Appellants, v. SIMKINS
INDUSTRIES, INC., Successor to Westfield Financial Corp., d b a Westfield Financial, Appellees.
TEXT: CORRECTED OPINION BARKDULL, Judge. Waquar and Ammar Khan appeal the final judgment of the
t...urt in its determination of the amount due as the deficiency judgment. Therefore, both the main
appeal and the cross-appeal are affirmed. Affirmed.
85-CITE: 687 So.2d 338 Geri E. FINLEY, Appellant Cross-Appellee, v. Dennis SCOTT, Appellee
Cross-Appellant.
TEXT: EN BANC HARRIS, Judge. We elect to hear this case en banc. The issue before us is not
whet...decision could have a dramatic effect on the quantity and nature *351 of child support
litigation--at least in this district. GOSHORN, J., concurs.
86-CITE: 687 So.2d 825 L.N. MURRAY, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent.
TEXT: WELLS, Justice. We have for review State Department of Transportation v. Murray, 670 So.2d
9...rict court and direct reinstatement of the judgment of the trial court. It is so ordered.
OVERTON, SHAW, GRIMES, HARDING and ANSTEAD, JJ., concur.
87-CITE: 687 So.2d 875 Steffeni Michelle SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Steffeni Smith challenges her judgment and sentences for trafficking in
methamph...paraphernalia. Thus, we affirm these convictions. Affirmed in part; reversed in part.
CAMPBELL, A.C.J., and SCHOONOVER and PATTERSON, JJ., concur.
88-CITE: 687 So.2d 1346 SUGARMILL WOODS CIVIC ASSOCIATION, INC. f k a Cypress & Oaks Villages
Association, Inc. and Spring Hill Civic Association, Appellant, v. SOUTHERN STATES UTILITIES and
Florida Public Service Commission, Appellees. HERNANDO COUNTY, Appellant, v. SOUTHERN STATES
UTILITIES and Florida Public Service Commission, Appellees.
TEXT: DAVIS, Judge. Appellants, Sugarmill Woods Civic Association (Sugarmill), Spring Hill Civic
A...motion to quash subpoenas duces tecum and for protective order. We REVERSE the order adopting
uniform statewide rates. ERVIN and KAHN, JJ., concur.
89-CITE: 685 So.2d 93 Angela WILLIAMSON, Appellant, v. Jim BERTINO, Sheila Bertino and ABTD
Corporation, Inc., d b a International Tours of Juno Beach, Appellees.
TEXT: GROSS, Judge. This case turns on the construction of section 673.403(3), Florida Statutes
(1...of action for Williamson s individual liability, the default final judgment is affirmed.
WARNER, J., and HAUSER, JAMES C., Associate Judge, concur.
90-CITE: 685 So.2d 773 AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE.
TEXT: PER CURIAM. We have consideration The Florida Appellate Rules Committee s (Committee)
quadre...rder or orders designated in the notice of apppeal should be attached to the notice of
appeal as provided in rules 9.110(d), 9.130(c), and 9.160(c).
91-CITE: 685 So.2d 886 Paul R. PLANTE, D.V.M., Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Appellee.
TEXT: KLEIN, Judge. The appellant, Paul Plante, D.V.M., appeals from a final order of the
Departme...idered the other issues raised and find them to be without merit. Affirmed in part,
reversed in part and remanded. STONE and PARIENTE, JJ., concur.
92-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.
93-CITE: 683 So.2d 78 AMENDMENTS TO the FLORIDA PROBATE RULES.
TEXT: PER CURIAM. The Florida Bar Probate Rules Committee has submitted its quadrennial report of
.... 5.040 Notice. Fla.Prob.R. 5.041 Service of pleadings and papers. Fla.Prob.R. 5.180 Waiver and
consent. Fla.Prob.R. 5.610 Execution by guardian.
94-CITE: 683 So.2d 1119 Stewart D. WILLIAMS, Appellant Cross-Appellee, v. Marny S. WILLIAMS, Appellee
Cross-Appellant.
TEXT: COPE, Judge. Stewart D. Williams appeals, and Marny S. Williams cross-appeals, a final
judgm...reach the former wife s argument that the trial court in any event has discretion to deny
the credit where justified by the financial circumstances.
95-CITE: 683 So.2d 1140 Merle M. BOYETT, Jr., Appellant, v. Eldis Raymell BOYETT, Appellee.
TEXT: GOSHORN, Judge. Merle Boyett, Jr. ( the former husband ) appeals the final judgment and
orde...since the majority s stated basis for its rejection of DeLoach in this case would be the same
for both vested and non-vested pensions. See Kirkland.
96-CITE: 682 So.2d 184 Les SAMPLES, etc., et al., Appellant, v. HERNANDO TAXPAYERS ASSOCIATION, et al.,
Appellee.
TEXT: ANTOON, Judge. The Hernando County Tax Assessor appeals the trial court s order certifying
a...(C)(vii) limits our jurisdiction in this case strictly to review of the order of certification.
AFFIRMED. PETERSON, C.J., and DAUKSCH, J., concur.
97-CITE: 682 So.2d 649 LIL CHAMP FOOD STORES and Commercial Risk Management, Appellants, v. Melonie
ROSS, Appellee.
TEXT: PER CURIAM. The employer and carrier (E C) seek review of a workers compensation order
which...difference between the correct offset amount and the amount actually taken. REVERSED and
REMANDED. BARFIELD, C. J., DAVIS and BENTON, JJ., concur.
98-CITE: 682 So.2d 1177 HOSPITAL CORRESPONDENCE CORP., Appellant, v. Frankie MCRAE, Phyllis Peterson,
et. al., Appellees.
TEXT: GRIFFIN, Judge. Hospital Correspondence Corporation [ HCC ] appeals a partial summary
judgme...material on which the providers have chosen to store the records. (FN6) HCC admits that the
originals of the medical records were all paper records.
99-CITE: 681 So.2d 876 Willie CODY, Appellant, v. UNITED PARCEL SERVICE and Liberty Mutual Insurance,
Appellees.
TEXT: PER CURIAM. Claimant, Willie Cody, appeals from an order of the judge of compensation
claims... 1980). AFFIRMED IN PART, REVERSED IN PART and REMANDED for further proceedings consistent
with this opinion. ERVIN, KAHN and BENTON, JJ., concur.
100-CITE: 680 So.2d 400 COALITION FOR ADEQUACY AND FAIRNESS IN SCHOOL FUNDING, INC., et al., Appellants,
v. Lawton CHILES, Governor of the State of Florida and Presiding Officer of the State Board of
Education; Douglas Jamerson, Commissioner of Education of the State of Florida; State Board of
Education, a public Florida corporation; Pat Thomas, as President of the Florida Senate; and Bolley
L. Johnson, as Speaker of the Florida House of Representatives, Appellees.
TEXT: CORRECTED OPINION PER CURIAM. In a one-count complaint, appellants (FN1) sought
declaratory...eld the legislature accountable for the responsibility and trust placed in it to
provide for Florida s children. KOGAN, C.J., and SHAW, J., concur.
101-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.
102-CITE: 679 So.2d 1226 CENTRAL FLORIDA PLASTERING AND DEVELOPMENT, etc., et al., Appellant, v. SOVRAN
CONSTRUCTION COMPANY, INC., Appellee.
TEXT: ANTOON, Judge. Central Florida Plastering and Development Company, Inc. (CFP) and its
surety...e $204,000 assessed for delay damages, but affirm in all other respects. AFFIRMED in part,
and REVERSED in part. HARRIS and THOMPSON, JJ., concur.
103-CITE: 679 So.2d 1265 Mary Ann SASNETT, Appellant, v. Odell O. SASNETT, Appellee.
TEXT: RYDER, Acting Chief Judge. In this appeal from a final judgment of dissolution of marriage,
... s upholding of the antenuptial agreement. Reversed in part, affirmed in part and remanded for
further proceedings. BLUE and LAZZARA, JJ., concur.
104-CITE: 677 So.2d 64 Althan W. HUNT, Appellant, v. D.M. STRATTON, Jr., and Pacific Marine c o FIGA,
Appellees.
TEXT: BARFIELD, Chief Judge. The claimant seeks review of a workers compensation order
determining...RTWICK, JJ., concur. ------------ (FN1) To the right of the formula, we have included
the appropriate figures and calculations for the instant case.
105-CITE: 676 So.2d 451 SEMINOLE COUNTY, Appellant, v. S. Clark BUTLER, et al., Appellee.
TEXT: ANTOON, Judge. Seminole County (County), appeals the final order awarding attorneys fees in
...v. Delco Oil, Inc., 669 So.2d 1162 (Fla. 5th DCA 1996). AFFIRMED in part; REVERSED in part; and
REMANDED. PETERSON, C.J., and DAUKSCH, J., concur.
106-CITE: 675 So.2d 252 Vernon L. ERVIN, Appellant, v. Valerie ERVIN, Appellee.
TEXT: ON MOTION FOR REHEARING POLEN, Judge. We grant appellee s motion for rehearing. After
revie...this was error that we correct with this opinion. We therefore affirm the amended final
judgment on all counts. GLICKSTEIN and KLEIN, JJ., concur.
107-CITE: 675 So.2d 252 DEPARTMENT OF REVENUE OF the STATE OF FLORIDA, Appellant, v. VANJARIA
ENTERPRISES, INC., Appellee.
TEXT: THOMPSON, Judge. The Florida Department of Revenue ( DOR ), appeals a final order ruling
tha... for assessing taxes on multiple-use properties is an unpromulgated rule and, therefore, of no
effect. AFFIRMED. GOSHORN and GRIFFIN, JJ., concur.
108-CITE: 675 So.2d 1370 Michelle M. KELSON, Petitioner, v. Russell M. KELSON, Respondent.
TEXT: KOGAN, Justice. We have for review Kelson v. Kelson, 647 So.2d 959 (Fla. 1st DCA 1994),
beca...so as to provide us with jurisdiction. I would discharge this case on the basis that
jurisdiction was improvidently accepted. OVERTON, J., concurs.
109-CITE: 674 So.2d 816 Blanche HOOD, Appellant, v. PINELLAS COUNTY SCHOOL BOARD and Alexsis, Appellees.
TEXT: KAHN, Judge. Appellant Blanche Hood appeals an order entered by the judge of compensation
cl...he temporary partial disability section of the statute are not applicable to temporary partial
disability claims). BARFIELD and DAVIS, JJ., concur.
110-CITE: 673 So.2d 100 Patricia MACK, on behalf of herself and all others similarly situated,
Appellant, v. BRISTOL-MYERS SQUIBB CO. and Mead Johnson & Co., Appellees.
TEXT: VAN NORTWICK, Judge. Patricia Mack appeals an order dismissing with prejudice her class
acti...GED PRICE-FIXING? REVERSED and REMANDED for further proceedings consistent with this
opinion, and question certified. MINER and WOLF, JJ., concur.
111-CITE: 671 So.2d 217 HEALTH CARE & RETIREMENT CORPORATION OF AMERICA; HCR Limited Partnership; Arbor
Health Care Company; the Florida Health Care Association, Inc.; and the Agency for Health Care
Administration, Appellants, v. TARPON SPRINGS HOSPITAL FOUNDATION, INC., d b a Helen Ellis Memorial
Hospital; Florida Hospital Association, Inc., Fawcett Memorial Hospital, Inc.; and St. Anthony s
Hospital, Inc., Appellees.
TEXT: KAHN, Judge. We have for review consolidated appeals from a final order of the Division of
A... Dep t of Envtl. Reg., 553 So.2d 1260, 1273-74 (Fla. 1st DCA 1989). The order on appeal is
therefore AFFIRMED. ZEHMER, C.J., and ALLEN, J., concur.
112-CITE: 670 So.2d 1056 Noel D. CLARK, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Acting Chief Judge. Noel Clark appeals from his conviction for theft of trade
sec...tential buyers. Thus, I do not regard this case as holding, as a matter of law, that a realtor
s book of information sheets is never a trade secret.
113-CITE: 670 So.2d 1118 Williams COLLEGE, Appellant, v. Robert A. BOURNE, etc., et al., Appellees.
TEXT: GRIFFIN, Judge. Williams College timely appeals an order of the trial court awarding Ronald
...the court had discretion to make such an award. Travieso v. Travieso, 474 So.2d 1184 (Fla.1985).
We also find no error in the remaining cost awards.
114-CITE: 669 So.2d 262 Sonny Daniel ANDERSON a k a Ernest Anderson, Appellant, v. STATE of Florida,
Appellee.
TEXT: GRIFFIN, Judge. Sonny Daniel Anderson appeals from the final judgment and sentence imposed
s...FOR BAIL, FOR CHARGES THAT ARISE OUT OF A SINGLE ACT. REHEARING DENIED; QUESTION CERTIFIED.
PETERSON, C.J., and GOSHORN and Griffin, JJ., concur.
115-CITE: 669 So.2d 332 Diana R. WIGGINS, etc. et al. Appellants, v. BRAMAN CADILLAC, INC., Appellee.
TEXT: PER CURIAM. The plaintiffs below, Diana R. Wiggins, as Guardian of Jorge Estevez,
Incompeten...ry were at least $169,400.00. Accordingly, Braman is also entitled to a $169,400.00
set-off from the economic damage award for the medical payments.
116-CITE: 669 So.2d 1076 SETHSCOT COLLECTION, INC., etc., et al. Appellants, v. Walter DRBUL, Appellee.
TEXT: PER CURIAM. The plaintiffs appeal from an order denying their motion for preliminary
injunct...dition to a proscription on use, the injunction should direct appellee to return the
original and all copies of the lists and program to appellants.
117-CITE: 669 So.2d 1162 SEMINOLE COUNTY, Appellant, v. DELCO OIL, INC., etc., et al., Appellees.
TEXT: ON MOTION FOR REHEARING AND CLARIFICATION PER CURIAM. Appellant s Motion for Rehearing is
g...hough peculiar, is mandated by the legislature. Section 73.131(2), Fla.Stat. (1993). REVERSED
and REMANDED. COBB, HARRIS and GRIFFIN, JJ., concur.
118-CITE: 667 So.2d 180 SARASOTA COUNTY, Petitioner, v. SARASOTA CHURCH OF CHRIST, INC., et al.,
Respondents.
TEXT: OVERTON, J. We have for review Sarasota County v. Sarasota Church of Christ, Inc., 641
So.2d...or the funding of stormwater utilities which the County can utilize without the
constitutional infirmities of this ordinance. HARDING, J., concurs.
119-CITE: 667 So.2d 358 MARION COUNTY SCHOOL BOARD and Adjustco, Appellants, v. Robert GRIFFIN,
Appellee.
TEXT: ZEHMER, Chief Judge. Employer, Marion County School Board, and Carrier, Adjustco, appeal
and...ror appears harmless because of the judge s decision not to award a guideline fee, revised
findings may affect the fee determination made on remand.
120-CITE: 667 So.2d 456 Alvin Lester SITOMER, Appellant Cross-Appellee, v. FIRST OF AMERICA
BANK-CENTRAL, Appellee Cross-Appellant.
TEXT: POLEN, Judge. Alvin Sitomer appeals an order granting him $60,000.00 for administering the
e..., JJ., concur. ------------ (FN1) For the court to award the amount claimed by Mr. Sitomer, it
would translate to an hourly rate of $2,625 per hour!
121-CITE: 667 So.2d 899 Alex R. COHEN, D.O., Alex R. Cohen, D.O., P.A. and CNA Insurance Company,
Appellants, v. Maria S. RICHTER, as guardian of Frank Scarnato and Norene Scarnato, his wife,
Appellees.
TEXT: POLEN, Judge. This appeal is from two final judgments awarding damages against Alex R.
Cohen...ount of the net judgment. Accordingly, we reverse and remand for further proceedings
consistent with this opinion. KLEIN and PARIENTE, JJ., concur.
122-CITE: 666 So.2d 882 DEPARTMENT OF ENVIRONMENTAL PROTECTION, et al., Appellants, v. Bruce MILLENDER,
et al., Appellees.
TEXT: SHAW, Justice. We have for review a final declaratory judgment of the Circuit Court in
Frank...rum net complies with the amendment s specifications. It is so ordered. GRIMES, C.J., and
OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
123-CITE: 666 So.2d 1008 Sidney Tyrone RATLIFF, Appellant, v. STATE of Florida, Appellee.
TEXT: BENTON, Judge. Convicted of burglary with assault, Sidney Tyrone Ratliff seeks reversal on
g...supports appellant s contention that Mr. Flowers was excluded from the jury on account of his
race. Affirmed. ERVIN and VAN NORTWICK, JJ., concur.
124-CITE: 665 So.2d 296 STATE of Florida, Appellant, v. Thomas E. AYERS, Appellee. STATE of Florida,
Appellant, v. Colleen TRAVERSA, Appellee. Kathleen Ruth HAMMOND, Appellant, v. STATE of Florida,
Appellee. Alma E. MOULTON, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. The four cases we have consolidated for purposes of this opinion all
invo...irm the dismissals in Ayers and Traversa, and reverse the convictions and sentences in
Hammond and Moulton. PARKER, A.C.J., and QUINCE, J., concur.
125-CITE: 665 So.2d 363 SEMINOLE COUNTY, Appellant, v. Charles W. CLAYTON, et al., Appellees.
TEXT: COBB, Judge. This appeal challenges the validity of an attorney s fees award in an eminent
d...specific statutory factors enumerated in section 73.092, Florida Statutes (1993). REVERSED AND
REMANDED. PETERSON, C.J., and W. SHARP, J., concur.
126-CITE: 664 So.2d 995 Deborah Kay BOYT, Appellant Cross-Appellee, v. Randall N. ROMANOW, Appellee
Cross-Appellant.
TEXT: PATTERSON, Judge. In this paternity action, the appellant mother challenges the form and
sub.... Both issues are addressed in our opinion and are without merit. Reversed and remanded with
instructions. RYDER, A.C.J., and WHATLEY, J., concur.
127-CITE: 663 So.2d 1049 In re FAMILY LAW RULES OF PROCEDURE.
TEXT: OVERTON, Justice. On July 7, 1995, this Court adopted new family law rules in accordance
wit...ject to penalties for perjury. Specific instructions are provided before each of the forms.
For more information see Chapter 63., Florida Statutes.
128-CITE: 662 So.2d 309 David KUHNLEIN, et al., Appellants, v. DEPARTMENT OF REVENUE, et al., Appellees.
TEXT: WELLS, Justice. We have on appeal a final order on class counsel s petition for fees and
exp...he only approach for determining fee awards in common-fund cases. I would set the fee in this
case at six percent of the common fund or $11,286,000.
129-CITE: 662 So.2d 375 COASTAL FUELS MARKETING, INC., Appellant, v. LEASCO INVESTMENTS, etc., et al.,
Appellee.
TEXT: THOMPSON, Judge. Coastal Fuels Marketing, Inc. ( Coastal ), formerly known as Belcher Oil
Co... trial court did not err in dismissing Leasco s counterclaim for tortious interference or in
refusing to award Leasco its attorney s fees and costs.
130-CITE: 662 So.2d 1330 GOLFCREST NURSING HOME, Appellant, v. STATE of Florida, AGENCY FOR HEALTH CARE
ADMINISTRATION, Appellee.
TEXT: SMITH, Senior Judge. Golfcrest appeals an order of the State of Florida Agency for Health
Ca...lue as a prima facie showing that the claimed costs were allowable (and thus, reasonable) as
that term is used in the Medicaid reimbursement system.
131-CITE: 661 So.2d 82 SOUTHWEST FLORIDA CAPITAL CORPORATION, Appellant, v. The FLORIDA PUBLIC SERVICE
COMMISSION; Gulf Utility Company; and the Florida Waterworks Association, Appellees.
TEXT: BARFIELD, Judge. This case comes to the court because federal tax law changed in 1987,
resul...on s findings are amply supported by the record, and we *87 find no error in its final
order. AFFIRMED. KAHN, J. and SHIVERS, Senior Judge, concur.
132-CITE: 661 So.2d 816 Harry K. SINGLETARY, Jr., Petitioner, v. Henry HAMILTON, Respondent.
TEXT: HARDING, Justice. We have for review Hamilton v. Singletary, 646 So.2d 734, 737 (Fla. 1st
DC...and quash in part and approve in part the decision below. It is so ordered. GRIMES, C.J., and
OVERTON, SHAW, KOGAN, WELLS and ANSTEAD, JJ., concur.
133-CITE: 661 So.2d 1223 HEALTH CARE MANAGEMENT CONSULTING, INC., a Florida corporation, Appellant, v.
William J. McCOMBES, Appellee.
TEXT: MICKLE, Judge. We review a non-final order dissolving a temporary injunction to enforce a
co...ed to these management team building ventures. Consequently, in reinstating the injunction, we
are not limiting InfoQuest s activities in this area.
134-CITE: 660 So.2d 743 OKEELANTA CORPORATION, Osceola Farms Company, and Atlantic Sugar Association,
Inc., Appellants Cross-Appellees, v. Bernard BYGRAVE, et al., Appellees Cross-Appellants. UNITED
STATES SUGAR CORPORATION, Appellant Cross-Appellee, v. Bernard BYGRAVE, et al., Appellees
Cross-Appellants. SUGAR CANE GROWERS COOPERATIVE OF FLORIDA, Appellant Cross-Appellee, v. Bernard
BYGRAVE, et al., Appellees Cross-Appellants.
TEXT: ON MOTION FOR REHEARING WARNER, Judge. We deny the motion for rehearing except insofar as
i...ugust 25, 1987, were barred by the statute of limitations. Reversed in part and remanded for
further proceedings. POLEN and PARIENTE, JJ., concur.
135-CITE: 659 So.2d 1055 Lawton CHILES, etc., Petitioner, v. Robert MILLIGAN, etc., et al., Respondent.
TEXT: GRIMES, Chief Judge. Governor Lawton Chiles petitions this Court for a writ of mandamus
whic... at issue in Glasser nor was it even mentioned in the case. Moreover, the case did not
involve a change in the section 236.081 distribution formula.
136-CITE: 659 So.2d 1210 Carlos LEONARD, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING WARNER, Judge. We deny rehearing but modify our previous opinion
an...no error in the prosecutor s argument to the jury. See Betsy v. State, 368 So.2d 436 (Fla. 3d
DCA 1979). Affirmed. KLEIN and SHAHOOD, JJ., concur.
137-CITE: 659 So.2d 1246 Ira Glynn HARDY, Appellant, v. Loretta Vesta (Powell) HARDY, Appellee.
TEXT: PER CURIAM. Appellant challenges an award of child support ordered in the final judgment of
...e like Walsh v. Walsh, 600 So.2d 1222 (Fla. 1st DCA 1992), where we could not tell from the
record why the trial court deviated from the guidelines.
138-CITE: 658 So.2d 55 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. Veronica Ann
LAFORET, et vir, Respondents.
TEXT: OVERTON, Justice. We have for review State Farm Mutual Automobile Insurance Co. v. LaForet,
... legislative construction as evidenced by section 627.727(10). SHAW and KOGAN, JJ., concur.
------------ (FN3) Ch. 92-318, Section 80, Laws of Fla.
139-CITE: 658 So.2d 903 THE FLORIDA BAR RE: AMENDMENTS TO RULES REGULATING THE FLORIDA BAR.
TEXT: PER CURIAM. The Florida Bar, as part of its annual review and with the authorization of the
... the unlicensed practice of law. (k) The Board or Board of Governors. The board or board of
governors is the board of governors of The Florida Bar.
140-CITE: 658 So.2d 1110 Richard PILNY, Appellant Cross-Appellee, v. Petronilla PILNY, Appellee
Cross-Appellant.
TEXT: SHARP, Judge. The husband appeals, and the wife cross-appeals, a final judgment of
dissoluti... have permitted an accurate calculation under the formula was not a part of the record.
The court below needs more evidence to do its job correctly.
141-CITE: 657 So.2d 64 WINN DIXIE and Crawford & Company, Appellants, v. James ROBINSON, Appellee.
TEXT: BARFIELD, Judge. The employer and servicing agent (E SA) appeal from a worker s
compensation...SED. The matter is remanded to the JCC for reconsideration, including the
presentation of further evidence, if needed. KAHN and DAVIS, JJ., concur.
142-CITE: 657 So.2d 1266 James JACKSON, Appellant, v. HOCHADEL ROOFING COMPANY and Claims Center,
Appellees.
TEXT: DAVIS, Judge. James Jackson has appealed the calculation of his average weekly wage. His
inj..., in favor of five weeks of continuous but still not full weeks preceding injury. (FN7) Id. at
1270. *1271 for disposition of the claim accordingly.
143-CITE: 656 So.2d 266 CHRISTENSON & ASSOCIATES, Mortgage Company; Neils P. Christenson; and David A.
Christenson, Appellants, v. Christina Palumbo-Tucker, Appellee.
TEXT: FARMER, Judge. In affirming the judgment below in all respects, we write only to address
Jud... the amount of potential punitive damages will increase or decrease simply by the length of
time Plaintiff takes in getting from injury to judgment.
144-CITE: 654 So.2d 199 Nancy L. HESS, Appellant Cross-Appellee, v. Ronald M. HESS, Appellee
Cross-Appellant.
TEXT: PER CURIAM. Appellant seeks review of the marital asset distribution aspects of the final
ju...ein v. Neustein, 503 So.2d 439 (Fla. 4th DCA 1987), but it is not clear that Neustein needed
rejecting, at least on the issue that concerns us here.
145-CITE: 652 So.2d 1200 Robert Phillip REICH, Appellant Cross-appellee, v. Bette Ann REICH, Appellee
Cross-appellant.
TEXT: PARIENTE, Judge. The husband appeals an amended final judgment of dissolution of marriage
aw...ll other respects, the amended final judgment is affirmed. AFFIRMED IN PART; REVERSED IN PART.
STONE, J., and LUCY BROWN, Associate Judge, concur.
146-CITE: 651 So.2d 124 TRANS WORLD TIRE CO. and Transportation Casualty Insurance Co., Appellants, v.
Martin HAGNESS, Appellee.
TEXT: WENTWORTH, Senior Judge. This is an appeal of a December 6, 1993 final workers compensation
...ntly unnecessary. It is not our intent to change the law in these instances. Quanstrom, 555
So.2d at 834-35 (footnote omitted) (citations omitted).
147-CITE: 650 So.2d 38 In re FLORIDA RULES OF JUDICIAL ADMINISTRATION--COURT REPORTING.
TEXT: GRIMES, Chief Justice. Pursuant to rule 2.130, Florida Rules of Judicial Administration,
the...r discovery proceeding. The court reporter shall comply with all rules and statutes governing
the proceeding that are applicable to court reporters.
148-CITE: 650 So.2d 1113 AGENCY FOR HEALTH CARE ADMINISTRATION, Appellant, v. PRINCIPAL NURSING
SERVICES, INC., Appellee.
TEXT: SHIVERS, Senior Judge. The Agency for Health Care Administration (AHCA) appeals a final
orde...Rules 59C-1.031(1), (2), and (3)(d)-(g) is REVERSED, but the invalidation of Rules
59C-1.031(3)(a)-(c) is AFFIRMED. BARFIELD and KAHN, JJ., concur.
149-CITE: 649 So.2d 315 John BLEVINS, Appellant, v. Bonita BLEVINS, Appellee.
TEXT: ZEHMER, Chief Judge. John Blevins appeals an Amended Order for Payment of Retirement
Benefit...elson, 647 So.2d 959 (Fla. 1st DCA 1994) (Booth, J., dissenting). I would require the
trial court to hold a hearing on remand to address this issue.
150-CITE: 648 So.2d 240 Richard A. SILVER, Appellant, v. Lawrence LEVINSON, Appellee.
TEXT: PARIENTE, Judge. Richard A. Silver (defendant) appeals a trial court s order finding that
it...2 So.2d at 1323-24 and cases cited therein. For all of the above reasons we affirm the order
of the trial court. KLEIN and STEVENSON, JJ., concur.
151-CITE: 648 So.2d 683 Warfield Raymond WIKE, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Warfield Raymond Wike, Jr., appeals his sentence of death for first-degree
murde...that he has been sentenced in accord with due process, and that the sentence of death is in
accord with the laws of Florida. GRIMES, C.J., concurs.
152-CITE: 648 So.2d 1215 LEON COUNTY, a Political Subdivision of the State of Florida, Appellant, v. The
DEPARTMENT OF REVENUE of the State of Florida and Tom Gallagher, as Treasurer of the State of
Florida, Appellees.
TEXT: ALLEN, Judge. The appellant, Leon County, challenges the denial of its claim for accrued
int...hat he should be recused. Judge Davis was assigned in his place and listened to the tapes of
oral argument prior to joining in the court s decision.
153-CITE: 647 So.2d 959 Michelle M. KELSON, former wife, Appellant, v. Russell M. KELSON, former
husband, Appellee.
TEXT: DAVIS, Judge. Michelle Kelson, former wife, appeals an order denying her motion to modify
or... in former husband s voluntary separation incentive (VSI) benefits which, under Abernethy,
supra, may be treated as retirement, subject to division.
154-CITE: 646 So.2d 734 Henry HAMILTON, Appellant, v. Harry K. SINGLETARY, JR., Appellee.
TEXT: PER CURIAM. Appellant, Henry Hamilton, appeals the trial court s denial of his petition for
...N 8, LAWS OF FLORIDA, TO WORK AND EXTRA GAIN-TIME AVAILABLE UNDER SECTION 944.275, FLORIDA
STATUTES (1979)? MINER, KAHN and LAWRENCE, JJ., concur.
155-CITE: 644 So.2d 101 Stephen Lewis RUTH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Stephen Ruth appeals his convictions of multiple counts of extortion and
solicit...case number 89-4339 and remand for resentencing within the guidelines. Reversed and
remanded. DANAHY, A.C.J., THREADGILL and LAZZARA, JJ., concur.
156-CITE: 644 So.2d 172 Corwin A. CAMPBELL, Appellant, v. Sandra L. CAMPBELL, Appellee.
TEXT: PER CURIAM. We reverse and remand the corrected final judgment so that the trial court can
r... monthly payment of $973.82 was simply erroneously calculated based on the trial court s
findings. DELL, C.J., and STONE and PARIENTE, JJ., concur.
157-CITE: 644 So.2d 282 THE FLORIDA BAR RE AMENDMENTS TO RULES REGULATING THE FLORIDA BAR.
TEXT: PER CURIAM. The Florida Bar, as part of its annual review and with the authorization of the
...any such volunteer aytorney from pursuing from the non-complying attorney costs of collection,
including reasonable attorney fees, permitted by law.
158-CITE: 643 So.2d 35 STEEL FABRICATORS, INC. GALLAGHER-BASSETT INSURANCE SERVICES, Appellants, v. Joey
JORDAN, Appellee.
TEXT: ALLEN, Judge. The employer servicing agent appeal a workers compensation order, challenging
... was predicated, we reverse the appealed order and remand for reconsideration as to the amount of
the attorney s fee. KAHN and MICKLE, JJ., concur.
159-CITE: 643 So.2d 642 PINNACLE HOLDING, INC., Appellant, v. BIOLOGICS, INC., Appellee.
TEXT: RYDER, Acting Chief Judge. Pinnacle Holding, Inc. seeks review of a summary final judgment
b...he prior agreement, we reverse the summary final judgment and remand for further proceedings.
Reversed and remanded. DANAHY and HALL, JJ., concur.
160-CITE: 642 So.2d 100 Willie Belle ROLLE, Appellant, v. METROPOLITAN DADE COUNTY and Metropolitan Dade
County Self-Insurance Fund, Appellees.
TEXT: ZEHMER, Chief Judge. We have for review the order of the judge of compensation claims
awardi... is REVERSED and this cause is REMANDED for further proceedings consistent with this
opinion. ERVIN, J., and SMITH, LARRY G., Senior Judge, concur.
161-CITE: 642 So.2d 833 DEWITT EXCAVATING, INC., Appellant Cross-Appellee, v. Clarence Frank WALTERS,
Jr., et al., Appellees Cross-Appellants.
TEXT: GOSHORN, Judge. Dewitt Excavating, Inc. appeals the final judgment in favor of plaintiffs
be...is remanded for entry of the damage award in accordance with this opinion. REVERSED and
REMANDED with INSTRUCTIONS. COBB and GRIFFIN, JJ., concur.
162-CITE: 642 So.2d 1117 Dane D. MORGAN, as Trustee, Appellant, v. Richard KELLY, et al., Appellees.
TEXT: GERSTEN, Judge. Appellant, mortgagee Dane D. Morgan (Morgan), appeals a post-foreclosure
def...justifies a reduced award, then the court should state that principle with particularity. See
Mizner Bank, 588 So.2d at 326. Reversed and remanded.
163-CITE: 641 So.2d 50 PALM BEACH COUNTY, Petitioner, v. William WRIGHT, et al., Respondents.
TEXT: GRIMES, Chief Justice. We review Palm Beach County v. Wright, 612 So.2d 709 (Fla. 4th DCA
19...stion in the negative and quash the decision below. It is so ordered. OVERTON, SHAW, KOGAN
and HARDING, JJ., and McDONALD, Senior Justice, concur.
164-CITE: 641 So.2d 103 LOVELL FARMS, INC., a Florida corporation, appellant petitioner, v. Joseph LEVY,
appellee respondent.
TEXT: GERSTEN, Judge. Appellant petitioner Lovell Farms (employer), appeals from a non-final
order...tion may be dissipated by a proper evidentiary showing to the contrary by the former
employee. In other respects, I generally agree with the court.
165-CITE: 641 So.2d 184 SECURITY MANAGEMENT CORP., Appellant, v. HARTFORD FIRE INSURANCE COMPANY, etc.,
Appellee.
TEXT: JORGENSON, Judge. Security Management Corp. (Security) appeals from an order of final
judgme... insurance contract which contains a premium finance agreement shall promptly refund any
remaining unearned premium for the benefit of the insured).
166-CITE: 640 So.2d 54 TAMPA-HILLSBOROUGH COUNTY EXPRESSWAY AUTHORITY, Petitioner, v. A.G.W.S.
CORPORATION, et al., Respondents.
TEXT: GRIMES, Justice. We review Tampa-Hillsborough County Expressway Authority v. A.G.W.S.
Corp.,... to which a regulation must interfere with property rights to constitute an
unconstitutional taking without just compensation). KOGAN, J., concurs.
167-CITE: 640 So.2d 1139 Miguel Angel VARGAS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal of judgments and sentences for multiple counts of burglary
and...E RELEVANT SCIENTIFIC COMMUNITY FOR USE IN CRIMINAL TRIALS? AFFIRMED in part, VACATED in
part, and REMANDED. ERVIN, JOANOS and KAHN, JJ., concur.
168-CITE: 640 So.2d 1156 WALT DISNEY WORLD COMPANY, Appellant, v. Barry BLALOCK, as father and natural
guardian of Luke Blalock, a minor, Appellee.
TEXT: COBB, Judge. Walt Disney World Company (WDW), the defendant below, was sued for damages as
a...omalous that the more objectionable the comment, the less the incentive to object. I will say,
however, that this case has sorely tested my resolve.
169-CITE: 638 So.2d 26 REPUBLICAN PARTY OF FLORIDA, et al., Appellants, v. Jim SMITH, etc., et al.,
Appellee.
TEXT: HARDING, Justice. We have for review a trial court order upholding the constitutionality of
...cal standpoint, this strikes me as a dubious method of underwriting the public financing of
elections, but I cannot say that it is unconstitutional.
170-CITE: 636 So.2d 18 In Re CERTIFICATION OF CONFLICT IN MOTIONS TO WITHDRAW FILED BY PUBLIC DEFENDER
OF THE TENTH JUDICIAL CIRCUIT.
TEXT: SHAW, Justice. We have for review Order on Motions to Withdraw, 622 So.2d 2 (Fla. 2d DCA
199...inue to increase the efficiency of his office in handling indigent criminal appeals.
Respectfully submitted, ___ s J.C. CHEATWOOD___ Commissioner
171-CITE: 635 So.2d 117 STATE, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. SOUTH
BEACH PHARMACY, INC., d b a Southpointe Pharmacy, Appellee.
TEXT: BENTON, Judge. The Department of Health and Rehabilitative Services (HRS) urges reversal of
...o demonstrate that it was substantially justified in initiating the original administrative
proceeding. AFFIRMED. ERVIN and BARFIELD, JJ., concur.
172-CITE: 635 So.2d 149 PICERNE DEVELOPMENT CORPORATION OF FLORIDA and Robert M. Picerne, as general
partners of Picerne West Palm Partners, Ltd., Petitioners, v. TASCA & ROTELLI, Respondent.
TEXT: PARIENTE, Judge. Petitioners (defendants) seek certiorari review of a discovery order
compel...ropriate. Martin-Johnson. (FN2) Defendants contend the limited partnership agreement
expressly prohibits a partner from bringing a partition action.
173-CITE: 634 So.2d 285 J.J. CATER FURNITURE COMPANY and American Hardware Mutual Insurance Group,
Appellants, v. James L. WALKER, Appellee.
TEXT: ALLEN, Judge. The employer carrier challenge a workers compensation order addressing their
p...was injured in 1987, and in 1992 there were thus 5 calendar years since injury. Multiplying
$12.21 by 5 yields a proper weekly supplement of $61.05.
174-CITE: 634 So.2d 775 Michael Lawrence WEINSTOCK, Appellant, v. Ronda C. WEINSTOCK, Appellee.
TEXT: PETERSON, Judge. This appeal involves the valuation of goodwill attributable to a
profession...t of the value of this dental practice, and because the appellate decisions in this
area were still evolving when the trial in this case took place.
175-CITE: 633 So.2d 457 The TRAVELERS INSURANCE COMPANY, et al., Appellants, v. D.J. WELLS, Jr. and
Vesta Wells d b a Mill Creek Sawmill Building Materials, et al., Appellees.
TEXT: W. SHARP, Judge. The Travelers Insurance Company and George Mangan Insurance, Inc. appeal
fr...990); Albertson s, Inc., v. Adams, 473 So.2d 231 (Fla. 2d DCA 1995), rev. denied, 482 So.2d 247
(Fla.1986). HARRIS, C.J., and PETERSON, J., concur.
176-CITE: 633 So.2d 1128 Russell Dean RIGDON, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Senior Judge. Following a trial by jury, Russell Dean Rigdon was found guilty of
11...ld have properly been excluded under section 90.403, Florida Statutes, as being confusing or
misleading. AFFIRMED. WOLF and LAWRENCE, JJ., concur.
177-CITE: 633 So.2d 1162 Miles LIVINGSTON, Appellant, v. Joan LIVINGSTON, Appellee.
TEXT: PER CURIAM. Appellant Miles Livingston, the former husband, seeks review of a final
judgment...ity in the ability to pay. Dresser v. Dresser, 350 So.2d 1152 (Fla. 1st DCA 1977).
REVERSED and REMANDED. BOOTH, MICKLE and LAWRENCE, JJ., concur.
178-CITE: 633 So.2d 1167 METRIC CONSTRUCTORS, INC. and Aetna Life & Casualty Co., Appellants, v. Michael
A. BOYLES, Appellee.
TEXT: KAHN, Judge. In this workers compensation case, the employer carrier (E C) seek review of
an...) A required part of any initial brief is: A conclusion, of not more than 1 page, setting forth
the precise relief sought. Fla.R.App.P. 9.210(b)(6).
179-CITE: 632 So.2d 167 Robert T. AVERA, Appellant, v. Tom L. BARTON, Superintendent, Florida State
Prison, Appellee.
TEXT: PER CURIAM. This cause is on appeal from an order denying Robert T. Avera s petition for
wri...calculated at the rate specified by law according to the date of offense and shall be based on
the length of the sentence imposed. (emphasis added).
180-CITE: 632 So.2d 207 Carol L. ROMANO, Appellant Cross-Appellee, v. Paul J. ROMANO, Paul s Place Inc.,
and Sound Pulse International, Appellees Cross-Appellants.
TEXT: DONNER, AMY STEELE, Associate Judge. Carol Romano, the former wife, appeals, and Paul
Romano...Davis v. Davis, 584 So.2d 1117 (Fla. 1st DCA 1991), and cases cited therein, which provide
for such a procedure. GLICKSTEIN and POLEN, JJ., concur.
181-CITE: 632 So.2d 217 FLORIDA CRUSHED STONE COMPANY, Appellant, v. The TRAVELERS INDEMNITY COMPANY,
Appellee.
TEXT: GRIFFIN, Judge. Appellant, Florida Crushed Stone Company ( FCS ), purchased retrospective
wo...o refuse to grant the stay and to grant summary judgment. REVERSED and REMANDED. DIAMANTIS,
J., concurs. HARRIS, C.J., dissents, without opinion.
182-CITE: 632 So.2d 257 Suzanne Lancaster PRIDGEON, v. Thomas E. PRIDGEON, Jr., Appellee.
TEXT: KAHN, Judge. Suzanne Pridgeon seeks review of several provisions contained in the final
judg...idgeon and her son in addition to the one week already set out. AFFIRMED in part, REVERSED
in part, and REMANDED. JOANOS and WEBSTER, JJ., concur.
183-CITE: 632 So.2d 623 Joyce MOZO, and Edgardo Mozo, Appellants, v. STATE of Florida Appellee.
TEXT: ANSTEAD, Judge. This case presents the question of whether the police may randomly
intercept...ute. Under that construction the statute, in terms of constitutional imperative, is
underinclusive. (FN14) See Section 775.021(1), Fla.Stat. (1991).
184-CITE: 629 So.2d 268 STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant,
v. David STACKHOUSE and Chung-Ho Chen, Appellees.
TEXT: PARKER, Judge. The appellant, State of Florida, Department of Health and Rehabilitative
Serv... instructions that PERC enter a final order affirming HRS s layoffs. Reversed and remanded.
FRANK, C.J., and SCHEB, JOHN M., Senior Judge, concur.
185-CITE: 629 So.2d 975 ORLANDO HYATT ASSOCIATES, LTD, Appellant, v. FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver for Dollar Dry Dock Bank f k a Dollar Dry Dock Savings Bank, et al.,
Appellee.
TEXT: HARRIS, Chief Judge. The issue in this case is whether the court erred in permitting the
mor...dily available to apply to its mortgage. REVERSED and REMANDED for further action consistent
with this opinion. W.SHARP and THOMPSON, JJ., concur.
186-CITE: 627 So.2d 76 Blanca E. VEGAS, Appellant, v. GLOBE SECURITY and CIGNA, Appellees.
TEXT: EN BANC KAHN, Judge. Blanca E. Vegas, formerly employed as a security guard at Miami
Intern...rued to provide precedent or support for ignoring the clear statutory intent merely because
of the court s disagreement with the legislative policy.
187-CITE: 627 So.2d 1194 Lester STARKS, Appellant, v. The STATE of Florida, Appellee.
TEXT: COPE, Judge. Lester Starks appeals his conviction and sentence for resisting an officer
with...because the error is fundamental. Ray v. State, 403 So.2d 956, 960 (Fla.1981) (fundamental
error is error which amounts to a denial of due process).
188-CITE: 626 So.2d 1078 SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR & EMPLOYMENT SECURITY, STATE
OF FLORIDA, Appellant, v. F. BENSON & COMPANY and Feisco, Appellees.
TEXT: KAHN, Judge. Appellant Special Disability Trust Fund (the Fund) challenges a workers
compens... Section 440.49(2)(a), Florida Statutes, mandates that eligibility requirements be
interpreted liberally. AFFIRMED. JOANOS and MINER, JJ., concur.
189-CITE: 624 So.2d 753 SUN BANK NORTH FLORIDA, NATIONAL ASSOCIATION, a National Banking Association,
Appellant, v. David C. EDMUNDS and John A. Desalvo, Co-Personal Representatives of the Estate of H.
Preston Demery, Appellee.
TEXT: KAHN, Judge. In this proceeding for a deficiency judgment, appellant Sun Bank North
Florida,...er. We REVERSE and REMAND for entry of a judgment allocating the fair market value of
the Utility at $775,000.00. BOOTH and BARFIELD, JJ., concur.
190-CITE: 624 So.2d 801 Roger C. HADDIX, Appellant, v. CITY OF PANAMA CITY, a municipal corporation,
Appellee.
TEXT: MINER, Judge. Appellant, Roger C. Haddix, appeals and appellee, City of Panama City (City)
c...e that appellant contribute to the pension fund, interest on those sums he would be required to
pay into the fund for years of prior service credit.
191-CITE: 623 So.2d 551 Jeffrey Catine GIBBS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was charged by information with (1) armed sexual battery, (2) armed
ki... 787.01(2), Florida Statutes (1989). In all other respects, we affirm. GLICKSTEIN and WARNER,
JJ., and OWEN, WILLIAM C., JR., Senior Judge, concur.
192-CITE: 622 So.2d 14 Marcos HICKS, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Marcos Hicks was convicted of kidnapping, robbery, and two counts of sexual
b....2d 1216 (Fla. 4th DCA 1976). REVERSED and REMANDED for further proceedings consistent with
this opinion. GOSHORN, C.J., and THOMPSON, J., concur.
193-CITE: 622 So.2d 546 HUDSON PEST CONTROL, INC., a Florida corporation, and Michael R. Hudson,
Appellants, v. WESTFORD ASSET MANAGEMENT, INC., as the managing agent of the Richard Roberts Real
Estate Growth Trust I, Appellee.
TEXT: W. SHARP, Judge. Hudson Pest Control, Inc. (the tenant) and Michael Hudson (guarantor of
the...r.2d Landlord Tenant Section 1111. (FN10) See also In Lenco, Inc. v. Hirschfeld, 247 N.Y. 44,
159 N.E. 718 (1928), cited by Kanter, 68 So.2d at 560.
194-CITE: 622 So.2d 944 FLORIDA DEPARTMENT OF EDUCATION, Appellant, v. Kay E. GLASSER, et al.,
Appellees.
TEXT: SHAW, Justice. We have for review State, Department of Education v. Glasser, 622 So.2d 1003
...ources subject to unpredictable fluctuations, such as the sales tax. A more predictable personal
income tax is prohibited by Florida s Constitution.
195-CITE: 622 So.2d 1003 STATE of Florida, DEPARTMENT OF EDUCATION, Appellant, v. Kay E. GLASSER, Janice
K. Mee, Nancy C. Detert, E. Lee Byron, and M. Jane Hartman, individually and as members of the
School Board of Sarasota County, Florida, Appellees.
TEXT: PER CURIAM. The appellant, State of Florida, Department of Education (DOE), challenges the
t...nding because of varying local property taxation. See San Antonio Indep. School Dist. v.
Rodriguez, 411 U.S. 1, 93 S.Ct. 1278, 36 L.Ed.2d 16 (1973).
196-CITE: 622 So.2d 1010 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, Appellant, v. Louis W. PARKER,
Trustee, Appellee.
TEXT: WARNER, Judge. The Solid Waste Authority of Palm Beach County appeals from an order
awarding...llows: 33 1 3% of first $1,000,000 = $ 333,333 20% of next $1,000,000 = $ 200,000 15%
of remaining $6,800,000 = $1,020,000 TOTAL= $1,553,333
197-CITE: 622 So.2d 1094 ORLANDO REGIONAL CENTER ASSOCIATES, INC., Appellant, v. IVEY PROPERTIES, INC.,
Appellee.
TEXT: PETERSON, Judge. Orlando Regional Center Associates, Inc. (lessee) appeals a declaratory
jud...55 (i.e., capital credit is capped at 71.428% of ======= Percentage Rental) CCC = CEC -
ACE CCC = 97,780 - 39,755 * CCC = $58,025 =======
198-CITE: 620 So.2d 1018 Michael J. BALL, D.P.M., Seymour Z. Beiser, D.P.M., Jeffrey L. Breslaw, D.P.M.
Martin J. Diamond, D.P.M., Peppy H. Eisenfeld, D.P.M., Brian D. Finke, D.P.M., Theodore R. Friedman,
D.P.M., James A. Green, D.P.M., Sanford M. Green, D.P.M., Arthur Carl Haspel, D.P.M., Richard
Hochman, D.P.M., Howard M. Imanuel, D.P.M., Lawrence J. Kales, D.P.M., Robert T. Kirschenbaum,
D.P.M., Jeffrey L. Kravat, D.P.M., Frank L. Levy, D.P.M., Owen P. Macken, D.P.M., Stuart A. Marcus,
D.P.M., John W. Mina, D.P.M., Ivan I. Prager, D.P.M., Barrett E. Sachs, D.P.M., Henry Sapenoff,
D.P.M., Martin Shank, D.P.M., Warren L. Simmonds, D.P.M., Steven J. Sinert, D.P.M., Robert D.
Siwicki, D.P.M., Robert D. Teitelbaum, D.P.M., Robert S. Wane, D.P.M., Sidney R. Weinberg, D.P.M.,
and Howard E. Zucker, D.P.M., Appellants Cross Appellees, v. FLORIDA PODIATRIST TRUST, and
Rogers-Atkins Insurance, Inc., Appellees Cross Appellants.
TEXT: WOLF, Judge. Appellants, who were plaintiffs in the trial court, seek relief from entry of
a...rmining [a]ll legal and equitable rights and duties or other legal relationships between the
parties with respect to all dividends or refunds. . . .
199-CITE: 620 So.2d 1051 FLORIDA EAST COAST RAILWAY COMPANY, a Florida corporation, Appellant, v.
DEPARTMENT OF REVENUE, State of Florida, Appellee.
TEXT: PER CURIAM. Florida East Coast Railway Company (FEC) appeals a final judgment upholding
valu...ark v. Abramson, 403 So.2d 1057 (Fla. 3d DCA 1980). The judgment of the trial court is,
accordingly, AFFIRMED. SMITH, ALLEN AND WOLF, JJ., concur.
200-CITE: 619 So.2d 480 Rodney D. RHODEN, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its
corporate capacity, Appellee.
TEXT: RYDER, Acting Chief Judge. Rodney D. Rhoden contests the trial court s entry of a
deficiency...alized on the sale of its interest in the notes and mortgages was applied to the
nonrecourse note; it was not pro rated between the two obligations.
201-CITE: 617 So.2d 714 Larry PELTON, Appellant Cross-Appellee, v. Sharon D. PELTON, Appellee
Cross-Appellant.
TEXT: SHIVERS, Judge. The former Husband appealed the trial court s orders granting the former
Wif...ly from the filing date of the petition for modification. McArthur; Barrs. REVERSED and
REMANDED, with directions. BOOTH and WEBSTER, JJ., concur.
202-CITE: 615 So.2d 683 The ACTION GROUP, Appellant, v. J. Terry DEASON, etc., et al., Appellees.
TEXT: KOGAN, Justice. We have for review an order of the Florida Public Service Commission
(Commis...ore us. (FN4) Section 366.04(2)(b), Florida Statutes (1991), grants the Commission power
[t]o prescribe a rate structure for all electric utilities.
203-CITE: 613 So.2d 74 SOUTHERN INDUSTRIES, et al., Appellants, v. Robert CHUMNEY, Appellee
TEXT: PER CURIAM. Claimant, Robert Chumney, was injured on April 25, 1977, in the course and
scope...ed. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent
with this opinion. BOOTH, BARFIELD and MINER, JJ., concur.
204-CITE: 613 So.2d 505 Charles H. ROSENBERG and Susan Rosenberg, Appellants, v. Sherwin ROSS,
individually, and as Trustee for Koenig Steiger Co., Intertrade Resources, Inc., f k a Paragon
Resources, Inc., and Edwin Praver, Appellees.
TEXT: BASKIN, Judge. Charles and Susan Rosenberg appeal a final Judgment and an order awarding
att...Guaranty Ins. Co. v. Quanstrom, 555 So.2d 828 (Fla.1990). *507 and remand for further
proceedings consistent with Quanstrom. Reversed and remanded.
205-CITE: 612 So.2d 610 Mark K. STRALEY, Appellant, v. Stacy FRANK, Appellee.
TEXT: ON REMAND FROM THE FLORIDA SUPREME COURT PER CURIAM. We consider this case on remand from
t... 833 (1935). Accordingly, I would remand this cause to the trial court for further proceedings
consistent with the views expressed in this opinion.
206-CITE: 612 So.2d 642 TRIPLE T., INC., d b a Triple T. Realty, Inc., Appellant, v. Mohammad JAGHORY,
Appellee.
TEXT: POLEN, Judge. Appellant, Triple T. Realty, Inc., appeals a final summary judgment entered
in...e it was administratively dissolved, thus precluding summary judgment on the basis advanced by
appellee. REVERSED. HERSEY and FARMER, JJ., concur.
207-CITE: 611 So.2d 7 S.E. ENVIRONMENTAL CONTRACTORS, INC. and Cigna Insurance Company, Appellants, v.
Hedley CAYASSO, Appellee.
TEXT: ALLEN, Judge. The employer carrier appeal a workers compensation order by which the judge
de...a should have been applied in the present case. The appealed order is therefore reversed, and
the cause is remanded. WOLF and WEBSTER, JJ., concur.
208-CITE: 610 So.2d 569 CONDOMINIUM ASSOCIATION OF LA MER ESTATES, INC., etc., et al., Appellants, v.
Bernard SEMEL, et al., Appellees.
TEXT: WARNER, Judge. A condominium association appeals a final summary declaratory judgment and
pe...the order to the trial court to clarify its order in these regards. Affirmed in part; reversed
in part and remanded. LETTS and POLEN, JJ., concur.
209-CITE: 610 So.2d 628 Glenn John SAARE, Appellant, v. Dorothy Ruth SAARE, Appellee.
TEXT: SMITH, Judge. The husband appeals a final judgment of dissolution. We affirm without
discuss...the equity in these properties as if the same were marital assets, without any finding as
to how, or whether, such properties became marital assets.
210-CITE: 609 So.2d 465 THE FLORIDA BAR Re: AMENDMENT TO FLORIDA RULES OF JUDICIAL ADMINISTRATION.
TEXT: PER CURIAM. The Florida Bar petitions this Court to amend the Florida Rules of Judicial
Admi...pex___ ___Video Recorder___ ___5.___ ___Panasonic___ ___1 inch Video Recorder___ ___6.___
___JVC___ ___4400___ ___7.___ ___Sony___ ___3800H___
211-CITE: 609 So.2d 516 In re: AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURE.
TEXT: PER CURIAM. The Florida Bar Appellate Court Rules Committee has submitted for our
considerat...the order or designated in the notice of appeal should be attached to the notice of
appeal as provided in rules 9.110(d), 9.130(c), and 9.160(c).___
212-CITE: 608 So.2d 128 BARCO VENDING COMPANY and American Policyholders, Appellants, v. Guillermo
VILLALONGA, Appellee.
TEXT: WOLF, Judge. Barco Vending Company and American Policyholders, the employer and carrier (E
C... factors enumerated in the statute to determine whether a deviation from the statutory fee
schedule is justified. SMITH and WIGGINTON, JJ., concur.
213-CITE: 608 So.2d 520 James PAGE, in his capacity as Property Appraiser for Nassau County, Florida,
and Katie D. Tucker, in her capacity as Executive Director of the Department of Revenue, Appellants,
v. FERNANDINA HARBOR JOINT VENTURE, By and Through its joint venturers, FERNANDINA MARINA INVESTORS,
LTD., a Florida limited partnership, and Centre Street Waterfront Group, Ltd., a Florida limited
partnership, by and through their General Partners, and City of Fernandina Beach, a municipal
corporation, Appellees.
TEXT: KAHN, Judge. This is an appeal of a final order entered by the circuit court granting
appell... interest. 3. Counts I, IV, V and VIII of plaintiff s Amended Complaint are rendered moot
by this ruling. AFFIRMED. MINER and ALLEN, JJ., concur.
214-CITE: 608 So.2d 931 FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, Appellant, v. Gilbert JAMES and
Barbara James, his wife, d b a G.N.J. Farms, Appellees.
TEXT: DIMITROULEAS, WILLIAM P., Associate Judge. Florida Farm Bureau Mutual Insurance Company,
the...ourt s declaration may be either affirmative or negative in form and effect and such
declaration has the force and effect of a final judgment. . . .
215-CITE: 607 So.2d 397 FLORIDA LEAGUE OF CITIES, et al., Petitioners, v. Jim SMITH, etc., Respondent.
TEXT: KOGAN, Justice. The Florida League of Cities and Florida Association of Counties petition
th...ssments. Moreover, the fact that the sponsors of the amendment did not intend to activate the
repealer is legally irrelevant. OVERTON, J., concurs.
216-CITE: 607 So.2d 432 In re The Receivership of INTERNATIONAL FORUM OF FLORIDA HEALTH BENEFIT TRUST, a
multiple employer welfare arrangement. Appeal of ACTRON CONTRACTORS EQUIPMENT, et al., Appellants
Cross-Appellees, v. SOUTH BROWARD HOSPITAL DISTRICT, a Special Tax District of the State of Florida,
d b a Memorial Hospital, et al., Boca Raton Imaging Center, Boca Raton Community Hospital, Coral
Gables Medical Center, Inc., Dr. Terrance Ibbs, Hialeah Hospital, Inc., South Miami Hospital, Inc.,
St. Mary s Hospital, Inc., Appellees Cross-Appellants.
TEXT: ERVIN, Judge. These consolidated cases involve one aspect of the collapse of International
F... issue I, this issue is premature. We AFFIRM IN PART, REVERSE IN PART, and REMAND for further
consistent proceedings. SMITH and KAHN, JJ., concur.
217-CITE: 607 So.2d 489 John KORMAN and Pamela Korman, his wife, Appellants Cross Appellee, v. POND
APPLE MAINTENANCE ASSOCIATION, INC., a Florida non-profit corporation, Appellee Cross Appellant.
TEXT: DOWNEY, Judge. John and Pamela Korman, (Kormans) appeal from a final judgment awarding
attor... for the amount awarded as attorney s fees pursuant to the directions contained in Rowe.
DELL, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
218-CITE: 607 So.2d 1306 In re AMENDMENTS TO the FLORIDA PROBATE RULES.
TEXT: PER CURIAM. The Florida Probate Rules Committee petitions this Court to approve its
quadrenn... 23, Fla. Const.--- Rule References ---FPR--- ___Fla.Prob.R.___ 5.020 Pleadings;
verification; motions. ---FPR--- ___Fla.Prob.R.___ 5.040 Notice.
219-CITE: 605 So.2d 62 Tom GALLAGHER, etc., et al., Appellants Cross Appellees, v. MOTORS INSURANCE
CORPORATION, et al., Appellees Cross Appellants.
TEXT: KOGAN, Justice. We have on appeal a judgment declaring Florida s insurance premium tax
schem...s determination that the premium tax is unconstitutional because it violates the Equal
Protection Clause of the Constitution. OVERTON, J., concurs.
220-CITE: 605 So.2d 252 THE FLORIDA BAR RE: AMENDMENT TO RULES REGULATING THE FLORIDA BAR.
TEXT: PER CURIAM. The Florida B