Phrase search :adoption
Results 1-1687

1-CITE: 487 So.2d 1117 In re the ADOPTION OF a Minor Child, J.C.E.
TEXT: PER CURIAM. This appeal concerns a final judgment of adoption. The trial court granted the
a...to institute further proceedings to determine custody. REVERSED and REMANDED. DOWNEY and DELL,
JJ., and RIVKIND, LEONARD, Associate Judge, concur.


2-CITE: 490 So.2d 1297 Sharon HAMILTON, Appellant, v. Ann BEARD and Eugene Beard, Appellees.
TEXT: SCHEB, Acting Chief Judge. Sharon Hamilton contends the trial court erred in setting aside
a... an appeal from that order. Accordingly, we reverse and remand for reinstatement of the final
judgment of adoption. DANAHY and FRANK, JJ., concur.


3-CITE: 611 So.2d 1283 Linda ONESKO, Appellant, v. In re ADOPTION OF B.M.O., a minor, Appellee.
TEXT: FRANK, Judge. The natural grandmother has appealed from a final order of adoption,
contendin...ed her mind. Our legislature has provided no remedy for the natural parent in this
instance. Affirmed. DANAHY, A.C.J., and SCHOONOVER, J., concur.


4-CITE: 690 So.2d 613 Theodore A. HENRIQUEZ and Patricia C. Henriquez, Appellants, v. ADOPTION CENTRE,
INC., et al., Appellees.
TEXT: GOSHORN, Judge. We reverse the final judgment of adoption because the grandparents, one of
t...iled in the lengthy opinions found in Henriquez v. Adoption Centre, Inc., 641 So.2d 84 (Fla. 5th
DCA 1993), review denied, 649 So.2d 233 (Fla.1994).


5-CITE: 535 So.2d 673 In the Interest of R.C.E, III and C.D.E.
TEXT: SMITH, Chief Judge. Appellant, stepmother of the minor children here involved, appeals an
or...epparent adoption would not bar a subsequent award of grandparental visitation is not before us
in this case, and we reserve decision on that issue.


6-CITE: 670 So.2d 1103 In re ADOPTION OF BABY GIRL R.
TEXT: PER CURIAM. The appellant, natural mother of Baby Girl R., challenges the dismissal of her
p...2d DCA 1985); In re P.R. McD. and J.T. McD., 440 So.2d 57 (Fla. 4th DCA 1983). Affirmed.
THREADGILL, C.J., and SCHOONOVER and QUINCE, JJ., concur.


7-CITE: 623 So.2d 834 In re C.T.D., a Child, Appellant.
TEXT: PER CURIAM. This is an appeal from an order denying a motion to amend an uncontested
petitio... was based on the erroneous premise that a final judgment had been entered. *835 STONE
and WARNER, JJ., and WALDEN, JAMES H., Senior Judge, concur.


8-CITE: 698 So.2d 390 Daniel Lee LOSEY, Petitioner, v. Marie Bernier LOSEY, Respondent.
TEXT: KLEIN, Judge. Petitioner, a former husband involved in post-judgment dissolution
proceedings...a. 4th DCA 1996) and cases cited therein. See Fla.R.Jud. Admin. 2.160. We therefore
grant the writ of prohibition. WARNER and SHAHOOD, JJ., concur.


9-CITE: 746 So.2d 1172 DEPARTMENT OF HEALTH, OFFICE OF VITAL STATISTICS, Appellant, v. The ADOPTION OF
Baby GILLI, Appellee.
TEXT: COBB, J. This appeal arises from a petition for adoption information filed on September
*117...ccordingly, we quash the order of the Volusia County Circuit Court entered on September 17,
1998. ORDER QUASHED. DAUKSCH and GOSHORN, JJ., concur.


10-CITE: 472 So.2d 558 B.B., a juvenile, Appellant, v. The STATE of Florida, DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, Appellees.
TEXT: PER CURIAM. Affirmed. In the Interest of C.M.H., 413 So.2d 418 (Fla. 1st DCA 1982); In the
I...3 (Fla. 3d DCA 1980); Turner v. Adoption of Turner, 352 So.2d 957 (Fla. 1st DCA 1977); In Re
Adoption of Gossett, 277 So.2d 832 (Fla. 1st DCA 1973).


11-CITE: 445 So.2d 1040 Alba CALDERON, Appellant, v. D Amaris TORRES, Appellee.
TEXT: PER CURIAM. This is an appeal from a non-final order entered in an adoption proceeding. The
... 1047, 1052-53 (Fla. 3d DCA 1979), aff d, 397 So.2d 643 (Fla.1981), and cases collected. The
appellee s motion for rehearing is accordingly Denied.


12-CITE: 536 So.2d 343 In re The ADOPTION OF Kelly Paige LESSEM, a minor. Gus ANDY, as Personal
Representative of the Estate of Yiannis Byron Antoniadis, Appellant, v. Kelly Paige LESSEM, a minor,
Appellee.
TEXT: FRANK, Judge. The order under review, which derived from the motion of the personal
represen... s ability to initiate an independent action. See In re Estate of Farley, 520 So.2d 619
(Fla. 4th DCA 1988). DANAHY, A.C.J., and LEHAN, J., concur.


13-CITE: 745 So.2d 425 In the Interest of S.E.D., A.B., T.B. & M.M., Children. A.B., Appellant, v.
Department of Children and Families, Appellee.
TEXT: PER CURIAM. We find no merit in A.B. s challenge to the amended final judgment terminating
h...ing S.E.D. and M.M. to the Department for adoption. Otherwise, the judgment is affirmed.
PARKER, A.C.J., and ALTENBERND and NORTHCUTT, JJ., Concur.


14-CITE: 440 So.2d 57 In re the ADOPTION OF P.R. McD. and J.T. McD., minors.
TEXT: DOWNEY, Judge. On January 19, 1982, appellees, filed a petition for the adoption of two
mino... the judgment appealed from and remand the cause for further proceedings. REVERSED AND
REMANDED, with directions. BERANEK and WALDEN, JJ., concur.


15-CITE: 735 So.2d 523 In the Interest of S.A.B., a child. B.D.B., Appellant, v. Robert Wilson,
Appellee.
TEXT: QUINCE, Associate Judge. This case arises out of the attempted adoption of S.A.B. by
B.D.B.,... not consent to this adoption. The trial court s order denying the petition for adoption
is hereby affirmed. PARKER, C.J., and FULMER, J., Concur.


16-CITE: 432 So.2d 735 In re The ADOPTION OF J.G.R., a minor.
TEXT: WALDEN, Judge. This is a step parent adoption. The final judgment granted the adoption of
J..... Lindsey, 424 So.2d 983, 984 (Fla. 5th DCA 1983) and Ramos v. Sanabria, 429 So.2d 838 (Fla. 3d
DCA 1983). REVERSED. DOWNEY and DELL, JJ., concur.


17-CITE: 454 So.2d 1 Frank GUERRA, Appellant, v. John DOE and Jane Doe and the Florida Department of
Health and Rehabilitative Services, Appellees.
TEXT: BASKIN, Judge. Appellant, Frank Guerra, appeals an order denying his motion for relief from
...er some guidance for excuse of parental consent but cannot be considered an exhaustive list when
the paramount interest is the welfare of the child.


18-CITE: 502 So.2d 531 In re the ESTATE OF Marion Bentley WALL, Rohan KELLEY, as Guardian Ad Litem for
Terry P. Bentley, a minor, Appellant, v. FLAGSHIP NATIONAL BANK OF BOYNTON BEACH, a national banking
association, as personal representative of the Estate of Marion Bentley Wall, Deceased, Appellee.
TEXT: STONE, Judge. This is an appeal from an order in a probate proceeding dismissing a Petition
... we do conclude that no such exceptional circumstances apply here. Accordingly, we affirm the
judgment below. HERSEY, C.J., and DOWNEY, J., concur.


19-CITE: 541 So.2d 180 In the Matter of the ADOPTION OF K.L.H., a minor.
TEXT: PER CURIAM. We reverse and remand the trial court s order which reaffirmed the final
judgmen.... See Neff v. Adler, 416 So.2d 1240, 1241 n. 2 (Fla 4th DCA 1982). *181 GLICKSTEIN,
GUNTHER, JJ., and ROBINSON, STEVEN D., Associate Judge, concur.


20-CITE: 684 So.2d 253 K.L.V., et al., Appellants, v. FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES, n k a Department of Children and Families, Appellee.
TEXT: NESBITT, Judge. In these consolidated cases, K.L.V. and her adoptive parents appeal a trial
...ecision to vacate the final judgment of adoption was clearly erroneous. Accordingly, the order
vacating the final judgment of adoption is reversed.


21-CITE: 610 So.2d 740 In The Matter of: The Adoption of: M.R.P., an infant, v. T.A.S., Natural Mother,
and M.R.P., Natural Father, Appellants Cross Appellees, v. C.P. and J.P., his wife, Appellees Cross
Appellants.
TEXT: PER CURIAM. AFFIRMED. DELL, J., and WALDEN, JAMES H., Senior Judge, concur. ANSTEAD, J.,
c...relationship with the child, the trial court has concluded that the mother s efforts have been
too little and too late to preserve her legal rights.


22-CITE: 506 So.2d 1101 In re ESTATE OF Jacob KANEVSKY, Deceased. Paul Kay, Appellant, v. Perry Carl
SWARTZ, Appellee.
TEXT: PER CURIAM. Jacob Kanevsky died intestate. Paul Kay, the nephew of Jacob, appeals from an
or... does not preclude him from inheriting by intestacy from his deceased mother s family,
including the decedent Jacob Kanevsky. We agree. Affirmed.


23-CITE: 593 So.2d 1176 Walter KUPEC, etc., Appellant, v. Lydia COOPER, etc., et al., Appellees.
TEXT: COBB, Judge. Walter Kupec appeals a final judgment of the circuit court finding that he is
n...schenko. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION. GOSHORN,
C.J., and RICHARDSON, E.J., Associate Judge, concur.


24-CITE: 685 So.2d 1305 In re The Petition of B.M.D. and S.D., R.A.B., Petitioner, v. The Honorable
Ralph STEINBERG, as a Circuit Court Judge of Hillsborough County; and B.M.D. and S.D., Respondents.

TEXT: PER CURIAM. R.A.B. filed a petition for writ of prohibition in this court in April 1995,
cha...est the circuit court of its jurisdiction. The petition for writ of prohibition is denied.
ALTENBERND, A.C.J., and FULMER and QUINCE, JJ., concur.


25-CITE: 595 So.2d 197 Gus ANDY, as Personal Representative of the Estate of Yiannis Baron Antoniadis,
Appellant, v. Kelly Page LESSEM, Appellee.
TEXT: PER CURIAM. After a careful examination of the record, briefs, and applicable law in this
ca...der is set aside in such an independent action, the trial court was plainly required to
recognize, as it did, the validity of said order. Affirmed.


26-CITE: 467 So.2d 434 In re the ADOPTION OF A.C.R. and C.W.R.
TEXT: PER CURIAM. Appellant, Kenneth Bryson, appeals the trial court s order entered in favor of
a...d DCA 1984); In re Estate of Rodgers, 149 So.2d 391 (Fla. 1st DCA 1963). Accordingly, we
affirm. RYDER, C.J., and CAMPBELL and FRANK, JJ., concur.


27-CITE: 548 So.2d 906 In the Interest of A.J.B., a child.
TEXT: WIGGINTON, Judge. Allen Kent, the natural father of A.J.B., appeals a final judgment
grantin...trial judge erred in finding Mr. Kent s consent unnecessary and in granting the petition
for adoption. Reversed. ERVIN and WENTWORTH, JJ., concur.


28-CITE: 534 So.2d 743 Michelle HINDMAN, Appellant, v. Howard B. BISCHOFF, Appellee.
TEXT: FRANK, Judge. During her pregnancy, Michelle Hindman discussed with Howard Bischoff the
poss...tial condominium purchaser s contract with a developer is voidable within 15 days from the
date of execution. See Section 718.503, Fla.Stat. (1987).


29-CITE: 546 So.2d 808 In the Interest of L.N.S., a child.
TEXT: PER CURIAM. We affirm the judgment for the trial court permanently committing the child to
t.... 4th DCA 1982); In Interest of R.V.F., 437 So.2d 713 (Fla. 2d DCA 1983); Section 39.01(1),
Fla.Stat. (1987). ANSTEAD, DELL and STONE, JJ., concur.


30-CITE: 745 So.2d 396 M.C., Appellant, v. A.H., Appellee.
TEXT: FARMER, J. We reverse a final order denying relief from a final judgment of adoption. (FN1)
...e party notice of the adoption proceeding. *398 v. Cornelius, 377 So.2d 776, 778 (Fla. 4th DCA
1979). REVERSED. STONE, and STEVENSON, JJ., concur.


31-CITE: 545 So.2d 318 Sam DAVIS and Gardenia Davis, Appellants, v. Leonard DIXON and Ardella Dixon,
Appellees.
TEXT: BARKDULL, Judge. Appeal from a final judgment of adoption favoring the Dixons, the child s
m...lineated under chapter 752. For purposes of this subsection a close relative of a child is the
child s brother, sister, grandparent, aunt, or uncle.


32-CITE: 646 So.2d 775 In re ADOPTION of S.A.S., S.M.S., and S.M.S., J.S.S., Appellant, v. FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: THREADGILL, Judge. The appellant challenges a final order dismissing with prejudice his
peti.... Snipes, 569 So.2d 1381 (Fla. 2d DCA 1990). *776 We therefore reverse and remand for
further proceedings. DANAHY, A.C.J., and QUINCE, J., concur.


33-CITE: 703 So.2d 1103 In The Interest of BABY BOY G., a Child. PROSPECTIVE ADOPTIVE PARENTS,
Appellants, v. C.V., Appellee.
TEXT: PER CURIAM. In this consolidated appeal, the prospective adoptive parents of Baby Boy G.
cha...be available to them in another proceeding relating to the adoption of Baby Boy G. Affirmed.
DANAHY, A.C.J., CAMPBELL and THREADGILL, JJ., concur.


34-CITE: 534 So.2d 862 James Donald WORLEY, Appellant, v. John Colon WORLEY, Appellee.
TEXT: MILLS, Judge. James Donald Worley appeals from an order by the trial court granting a
petiti...rt s order herein permitting visitation with the child s natural grandfather pursuant to
Section 752.01 et seq. SHIVERS and WENTWORTH, JJ., concur.


35-CITE: 679 So.2d 64 J.R. and A.R., Petitioners, v. R.M. and S.M., Guardian Ad Litem and Department of
Health and Rehabilitative Services, Respondents.
TEXT: PARIENTE, Judge. Petitioners, who have been approved as the adoptive parents of the minor
ch...f Dania v. Broward County, 658 So.2d 163 (Fla. 4th DCA 1995); Citibank, N.A. v. Blackhawk
Heating & Plumbing Co., 398 So.2d 984 (Fla. 4th DCA 1981).


36-CITE: 475 So.2d 1306 In re the Matter of the ADOPTION OF M.Q.
TEXT: HERSEY, Chief Judge. This is a case involving custody of a child born out of wedlock. The
pr... s ruling based upon the best interests of the child. We therefore affirm. AFFIRMED. DELL,
J., concurs. ANSTEAD, J., concurs in conclusion only.


37-CITE: 515 So.2d 1030 Eleanor MAULDIN, Appellant, v. Pamela RICHTER and Paul Richter, Appellees.
TEXT: BOWER, N. RUSSELL, Associate Judge. Eleanor Mauldin appeals an order granting appellees
moti...these unfortunate results, such as in the instant case, were anticipated by the drafters of
Chapter 752. AFFIRMED. BOOTH and SHIVERS, JJ., concur.


38-CITE: 475 So.2d 1290 Theordore TRUSHIN, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant Theodore Trushin appeals his conviction of unlawful placement for
adop...984), aff d, 464 So.2d 535 (Fla.1985). For the foregoing reasons and based upon the
authorities cited, the judgment of the trial court is affirmed.


39-CITE: 718 So.2d 942 In re The ADOPTION OF R.M.G. E.G. and M.T.G., Appellants, v. The STATE of
Florida, Appellee.
TEXT: PER CURIAM. The trial court in this case entered final judgment denying a petition for
adopt...o such additional process against the unserved party as is required to effect service. )
The order under review is reversed and the cause remanded.


40-CITE: 481 So.2d 36 Shirley Ann SMITH, Appellant, v. Walter Lee MOORE, his wife Mara Doris Moore, and
State of Florida Department of Health and Rehabilitative Services and In re The Matter of the
Adoption of Angie Marie Moore, a minor child, Appellees.
TEXT: SHIVERS, Judge. Appellant Shirley Ann Smith, the natural mother, appeals final judgment of
a...ented by counsel in the adoption proceedings in the trial court. The final judgment of adoption
is AFFIRMED. WENTWORTH and WIGGINTON, JJ., concur.


41-CITE: 627 So.2d 589 THE ADOPTION CENTRE, INC., etc., Appellant, v. Donald MARSHALL, et al.,
Appellee.
TEXT: PER CURIAM. The Adoption Centre, Inc. appeals a final order denying a petition to terminate
...presented by an attorney. See Section 39.467(3)(c) 1. & 2., Fla.Stat. (1991). REVERSED and
REMANDED. GOSHORN, DIAMANTIS and THOMPSON, JJ., concur.


42-CITE: 736 So.2d 744 S.C., Appellant, v. A.L.A. and R.D., Appellees.
TEXT: WARNER, J. We affirm the trial court s order excusing the birth father s consent to the
adop...the trial court, and pursuant to E.A.W., we are obliged to affirm. We affirm as to all
issues raised in both appeals. DELL and POLEN, JJ., concur.


43-CITE: 695 So.2d 1260 In re The ADOPTION OF L.H.W., a child. C.E.G., Appellant, v. S.W. and T.J.W.,
adoptive parents, Appellees.
TEXT: PARKER, Judge. The intervenor, the maternal grandmother, appeals the final order which
grant...he adoption proceedings *1263 and that the court should have allowed her to intervene.
Reversed and remanded. FRANK, A.C.J., and BLUE, J., concur.


44-CITE: 571 So.2d 94 Jimmy Clemont HENDRY, Appellant, v. STATE of Florida, Appellee. Trina Irene
HENDRY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the trial court s denials of defendants motions to dismiss the
informa... the above referenced biological fact. See State v. Webb, 398 So.2d 820, 824 (Fla.1981).
Affirmed. SCHEB, A.C.J., CAMPBELL and LEHAN, JJ., concur.


45-CITE: 512 So.2d 1088 Eugene BEARD and Ann Beard, Appellants, v. Paul HAMILTON and Sharon Hamilton,
Appellees.
TEXT: PER CURIAM. Ann and Eugene Beard appeal the order of the trial court dismissing their
motion...verse and remand for further proceedings consistent with this opinion. CAMPBELL, A.C.J.,
and FRANK, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.


46-CITE: 649 So.2d 881 Nelson RIVERA-BERRIOS, Appellant, v. Thomas A. STEFANOS and Bridgitte B.
Stefanos, his wife, Appellee.
TEXT: HARRIS, Chief Judge. Nelson Rivera-Barrios is again before this court. In his initial
appeal... AN ADOPTION PRODEEDING IN ORDER TO CONTEST THE ADOPTION OF THE CHILD AND TO SEEK TO
ADOPT THE CHILD? DAUKSCH, W. SHARP and GOSHORN, JJ., concur.


47-CITE: 603 So.2d 84 Jeanette JEFFERIS, Appellant, v. Steven A. MAY, Appellee.
TEXT: PETERSON, Judge. Jeanette Jefferis appeals a final judgment entered in an action brought by
...ised in count two of the amended complaint. We remand for disposition of the remaining count.
REVERSED and REMANDED. COBB and HARRIS, JJ., concur.


48-CITE: 661 So.2d 967 Janine PRESTON, Appellant, v. Anthony TOLONE and Mary Ann Tolone, Appellees.
TEXT: THOMPSON, Judge. Janine Preston appeals from a final summary judgment denying her suit to
se...sem, 595 So.2d 197 (Fla. 3d DCA 1992); Groover v. Groover, 383 So.2d 280 (Fla. 5th DCA 1980);
In re Kant s Estate, 265 So.2d 524 (Fla. 3d DCA 1972).


49-CITE: 533 So.2d 765 Mahala TARVER, Petitioner, v. EVERGREEN SOD FARMS, INC., Respondent.
TEXT: OVERTON, Justice. We have for review Evergreen Sod Farms, Inc. v. McClendon, 513 So.2d 1311
...ained in the opinion of the district court of appeal. It is so ordered. EHRLICH, C.J., and
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.


50-CITE: 497 So.2d 1265 In the Interest of I.B.J., a child. Diane Yvette JONES, Appellant, v. CHILDREN
S HOME SOCIETY OF FLORIDA, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from the natural mother from an order finding her child
de...bovetz v. Sachs, 262 So.2d 703 (Fla. 3d DCA 1972); In re Arnold, 184 So.2d 192 (Fla. 4th DCA
1966); Skeen v. Marx, 105 So.2d 517 (Fla. 2d DCA 1958).


51-CITE: 721 So.2d 811 K.C., Appellant, v. ADOPTION SERVICES, INC., d b a Chosen Children, Appellee.
TEXT: KLEIN, J. This is an appeal by a biological mother who is attempting to have the consent
she...option of Doe, 543 So.2d 741 (Fla.1989). *813 and, months later, simply had a change of heart.
We therefore affirm. DELL, and GUNTHER, JJ., concur.


52-CITE: 624 So.2d 273 In the Interest of: J.R.G., T.R.G., and T.R.G., Children. P.G., Appellant, v.
STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: ALTENBERND, Judge. P.G. appeals an order terminating her parental rights to her three older
...equirements. Order of termination affirmed, order of adoption reversed and remanded for further
proceedings. PARKER, A.C.J., and BLUE, J., concur.


53-CITE: 460 So.2d 498 In the Interest of A.G.N., Jr., A Child.
TEXT: WIGGINTON, Judge. This cause is before us to review the trial court s final Order of
Commitm...d concur in the trial court s determination that *499 A.G.N., Jr., be removed from his
parents custody. AFFIRMED. JOANOS and NIMMONS, JJ., concur.


54-CITE: 483 So.2d 747 Alva RAMEY and Wanda Ramey, Appellants, v. Peter B. THOMAS and Alice M. Thomas,
Appellees.
TEXT: SHARP, Judge. The maternal grandparents, Alva and Wanda Ramey, appeal from the final
judgmen...iable under some circumstances when parental rights are terminated, we can think of none
here where both natural parents were killed in an accident.


55-CITE: 747 So.2d 1006 ADOPTION BY CHOICE, INC., Appellant, v. In re The Interest of X.Z.C., a minor
child, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant challenges the trial court order vacating the final
...ourt s action in vacating the final judgment of termination of parental rights was proper and we
therefore affirm. PARKER and WHATLEY, JJ., Concur.


56-CITE: 606 So.2d 1262 In re the Matter of the ADOPTION OF K.M.C.
TEXT: PER CURIAM. Appellants, as prospective adoptive parents, challenge the trial court s order
u...onally, no motion for rehearing will be entertained and the clerk is directed to issue the
mandate forthwith. POLEN, STONE and FARMER, JJ., concur.


57-CITE: 672 So.2d 60 April Lynne HALL, Appellant, v. Bobby Joe HALL, Appellee.
TEXT: PER CURIAM. Appellant, the wife in this dissolution of marriage proceeding, seeks our
review... cause with directions to reinstate the temporary custody order providing for shared
custody and visitation. BOOTH, JOANOS and BENTON, JJ., concur.


58-CITE: 591 So.2d 321 Duane F. MILLER, Appellant, v. A.E. PACZIER, Guardian ad Litem, and Dale Edmund
Airsman, Appellees.
TEXT: PER CURIAM. The question presented is whether the doctrine of virtual adoption is
applicable...greement to adopt. There is a substantial difference between regarding an adult person
as a son, as in this case, and agreeing to adopt that person.


59-CITE: 667 So.2d 404 G. Ruben GOLDING and Mitzi T. Golding, etc., Appellants, v. Hobert GOLDING and
Evelyn Golding, Appellees.
TEXT: PETERSON, Chief Judge. Ruben ( great uncle ) and Mitzi ( great aunt ) Golding appeal a
final...exercise jurisdiction over the same parties. It does not matter whether the case is a
custody case or an adoption case. The principle still applies.


60-CITE: 515 So.2d 1309 Mary Nell DIXON, Petitioner, v. Ronald H. MELTON, et al., Respondents.
TEXT: PER CURIAM. Petitioner seeks a writ prohibiting respondent, the Honorable Judge Victor M.
Ca...ns (a) through (c) of Section 63.162(4) provide for disclosure when authorized by an individual
who is protected by the confidentiality requirement.


61-CITE: 543 So.2d 1323 In the Interest of M.J.
TEXT: STONE, Judge. This is an appeal by a natural mother from an order adjudicating her
ten-year-...ther, who was represented by court appointed counsel. Therefore the judgment of the
trial court is affirmed. HERSEY, C.J., and WARNER, J., concur.


62-CITE: 661 So.2d 876 Mary L. KRANZ, Appellant, v. Larry KRANZ, Appellee.
TEXT: JORGENSON, Judge. In this case of first impression in Florida, we are asked to determine if
...inal judgment by operation of law. These payments are thus far more than responsibilities
referred to in section 63.172; they are unpaid judgments.


63-CITE: 545 So.2d 510 The STATE of Florida, Appellant, v. Dennis HULL, Appellee.
TEXT: PER CURIAM. The state contends in these appeals that upon convictions for four separate
crim...cific authority to render consecutive or concurrent sentences. Therefore the sentences under
review be and the same are hereby affirmed. Affirmed.


64-CITE: 714 So.2d 574 Herman A. WILLIAMS and Jesse D. Williams, Appellants, v. Beth Angel DORRELL,
Appellee.
TEXT: GODERlCH, Judge. Herman A. Williams and Jessie D. Williams [collectively referred to as
co-p...provision. We find that Beth Angel, as the virtually adopted child of the decedent, is
entitled to an interest in the decedent s homestead property.


65-CITE: 724 So.2d 1235 T.R., Appellant, v. ADOPTION SERVICES, INC. d b a Chosen Children, Appellee.
TEXT: STEVENSON, J. This is yet another case where a natural mother appeals the trial court s
orde... other issues raised by appellant and find no error. Accordingly, the order on appeal is
hereby affirmed. AFFIRMED. WARNER and POLEN, JJ., concur.


66-CITE: 559 So.2d 87 M.L.B. and J.B., (FN1) Appellants, v. DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES, Appellee.
TEXT: BASKIN, Judge. The question we address in this appeal is whether a motion alleging
fraudulen... perhaps other relevant facts have to be evaluated by the trial court in determining
whether the child s best interest would be served by annulment.


67-CITE: 625 So.2d 1253 George URICK, Appellant, v. Lois McFARLAND and Shirley Bartolin, as Co-Personal
Representatives of the Estate of Gans Litman, Deceased, Appellees.
TEXT: ALTENBERND, Judge. George Urick appeals a final judgment in favor of the co-personal
represe... for the judiciary. In the meantime, the members of such families would be well-advised to
prepare wills. SCHOONOVER, A.C.J., and BLUE, J., concur.


68-CITE: 661 So.2d 1244 Susan LEONARD, Individually, and as Personal Representative of the Estate of
Willard E. Leonard, Deceased, Appellant, v. Sara Elizabeth CROCKER, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiff Susan Leonard, individually and as the
person... Rodriguez, 574 So.2d 249, 250 (Fla. 3d DCA 1991) (same); Euart v. Yoakley, 456 So.2d 1327,
1329 (Fla. 4th DCA 1984) (inter vivos trust). Affirmed.


69-CITE: 462 So.2d 827 THE FLORIDA BAR, Complainant, v. Michael H. MERRILL, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding by The Florida Bar against Michael H. Merrill, a
me...gainst respondent, for which let execution issue. It is so ordered. ADKINS, Acting C.J., and
OVERTON, ALDERMAN, McDONALD and EHRLICH, JJ., concur.


70-CITE: 458 So.2d 1127 In re The Matter of the ADOPTION OF: H.Y.T., a minor. Daniel S. WALLACE, etc.,
Appellant, v. C. McFerrin SMITH, III, etc., et al., Appellees.
TEXT: EHRLICH, Justice. We accepted jurisdiction of this case because of a question certified as
b...ance with section 63.162(1), Florida Statutes (1983). It is so ordered. BOYD, C.J., and
ADKINS, OVERTON, ALDERMAN, McDONALD and SHAW, JJ., concur.


71-CITE: 513 So.2d 1311 EVERGREEN SOD FARMS, INC. and Insurance Company of North America, Appellants,
v. Vontarous McCLENDON, Appellee.
TEXT: SHIVERS, Judge. The employer carrier (E C) in this workers compensation action appeal the
de...EPENDENT CHILD S MOTHER HAS NOT BEEN FORMALLY ADOPTED BY COURT ORDER UNDER CHAPTER 63, FLORIDA
STATUTES. REVERSED. ERVIN and ZEHMER, JJ., concur.


72-CITE: 752 So.2d 105 Oscar Reynaldo DIAZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: LEW, J. The defendant challenges his sentences under the 1995 sentencing guidelines on the
g...ngly, we remand to the trial court for resentencing under the guidelines in effect prior to the
enactment of Chapter 95-184. Reversed and remanded.


73-CITE: 498 So.2d 1063 In re the Former Marriage of Virginia Ann SANDERS, Appellant, v. Henry L.
SANDERS, Linda Denise Jordan and Max Young Jordan, Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from an order establishing visitation rights with a
child....ld. Calderon v. Torres, 445 So.2d 1040 (Fla. 3d DCA 1984). The order granting visitation
is quashed. ORDER QUASHED. COBB and COWART, JJ., concur.


74-CITE: 563 So.2d 829 In the Interest of C.G.T., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. See Matter of Adoption of Doe, 543 So.2d 741 (Fla.), cert. denied,
--... Adoption of Doe, 543 So.2d 741 (Fla.), cert. denied, -- U.S. --, 110 S.Ct. 405, 107 L.Ed.2d
371 (1989). JOANOS, WIGGINTON and ZEHMER, JJ., concur.


75-CITE: 493 So.2d 1139 In the Matter of ADOPTION OF: K.C. McG.
TEXT: PER CURIAM. We find, based on the record, that the trial court abused its discretion when
it...onable. We reverse and remand with respectful instructions to reconsider the award. REVERSED
AND REMANDED. DOWNEY, LETTS and WALDEN, JJ., concur.


76-CITE: 445 So.2d 686 ENTERPRISE BUILDING CORPORATION, Appellant, v. The SCHOOL BOARD OF PINELLAS
COUNTY, FLORIDA, Appellee.
TEXT: PER CURIAM. Enterprise Building Corporation, a contractor, appeals from the denial by the
Pi...al. See Jacker v. School Baoard of Dade County, 426 So.2d 1149 (Fla. 3d DCA 1983). AFFIRMED.
RYDER, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.


77-CITE: 573 So.2d 447 In re The ADOPTION OF A.P. MC.
TEXT: PER CURIAM. Affirmed without prejudice to the appellant seeking visitation rights pursuant
t... So.2d 1088 (Fla. 2d *448 DCA 1987); Hamilton v. Beard, 490 So.2d 1297 (Fla. 2d DCA 1986).
SCHOONOVER, C.J., and PARKER and PATTERSON, JJ., concur.


78-CITE: 650 So.2d 103 Julie Kay LOTT, n k a Julie Kay Hill, Appellant, v. Anthony W. LOLLAR, Appellee.

TEXT: PER CURIAM. We dismiss this appeal because it has become moot due to a consensual
stepparent...epparent adoption of the child at issue here subsequent to the paternity judgment
appealed from. RYDER, A.C.J., and DANAHY and QUINCE, JJ., concur.


79-CITE: 481 So.2d 958 DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Petitioner, v. TALLAHASSEE
DEMOCRAT, INC., and Friends of Children, Inc., Respondents.
TEXT: WENTWORTH, Judge. The Department of Health and Rehabilitative Services (HRS) seeks review
of...ate procedures could not be employed with regard to these witnesses so as to insure that the
statutorily protected information remains confidential.


80-CITE: 606 So.2d 1272 DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, State of Florida, Petitioner,
v. Hon. Seymour BENSON, Circuit Court Judge, Etc., Respondent.
TEXT: DIAMANTIS, Judge. The Department of Health and Rehabilitative Services (HRS) seeks a writ
of...RS sought alternative relief in the form of either a writ of certiorari or a writ of
prohibition. We conclude that certiorari review is appropriate.


81-CITE: 622 So.2d 146 HEALTHSOUTH DOCTORS HOSPITAL, INC., a Delaware Corporation, and The City of
Coral Gables, Appellants, v. William J. HARTNETT, Shirley Pommeir and Elizabeth J. Yates, Appellees.

TEXT: LEVY, Judge. This case involves the validity of Ordinance Number 2763 of the City of Coral
G...view of our finding that Ordinance Number 2763 is void, the appellants remaining points on
appeal become moot, and need not be addressed. Affirmed.


82-CITE: 718 So.2d 236 In the Interest of A.W., a child. H.L. and M.L., on Behalf of A.W., Petitioners,
v. STATE, DEPARTMENT OF CHILDREN AND FAMILIES, and C.W. and S.B., Respondents.
TEXT: PER CURIAM. This court has before it a petition for writ of prohibition challenging the
juri...tion for writ of prohibition is denied and the petition for writ of habeas corpus is denied.
ALTENBERND, A.C.J., and FULME and QUINCE, JJ., concur.


83-CITE: 507 So.2d 1164 John DOE and Mary Doe, Petitioners, v. Hon. John W. WATSON, III, Circuit Judge,
Seventh Judicial Circuit, Respondent.
TEXT: ON PETITION FOR WRIT OF PROHIBITION SHARP, Judge. The adoptive parents of a minor child
pet...3, an issue we specifically decline to rule on prior to a ruling by the trial court. WRIT OF
PROHIBITION ISSUED. COWARD and ORFINGER, JJ., concur.


84-CITE: 565 So.2d 1378 In re the Marriage of Mary Nell DIXON, formerly known as Nell Melton, John
Dixon and Bonnie Mae Dixon, Appellants, v. Ronald Michael MELTON (Deceased) and Ronald H. Melton and
Frances C. Melton, Appellees.
TEXT: WENTWORTH, Judge. Appellants are the natural mother of a child, M.L.M., and the child s
mate...i.e. the final judgment of dissolution granting the Meltons a right to visitation with their
grandchild. Affirmed. NIMMONS and ALLEN, JJ., concur.


85-CITE: 604 So.2d 1236 Sam DAVIS and Gardenia Davis, Appellants, v. Leonard and Ardella DIXON,
Appellees.
TEXT: SCHWARTZ, Chief Judge. The Davises, who are the maternal grandparents of T.R.D., appeal
from...ions regarding the application of sections 752.01, 752.015, Florida Statutes (1991). (FN2)
Compare Saenz v. Saenz, 602 So.2d 973 (Fla. 3d DCA 1992).


86-CITE: 433 So.2d 11 In the Interest of T.G.T., a child. STATE of Florida, DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, Appellant, v. Patricia STALEY, et al., Appellees.
TEXT: MILLS, Judge. The Department of Health and Rehabilitative Services (HRS) appeals an order
fi...determined that permanent commitment is in the manifest best interest of the child will be
sufficient. AFFIRMED. JOANOS and THOMPSON, JJ., concur.


87-CITE: 452 So.2d 965 Julia Tedesco VALENTINE, Guardian of the person and property of Drayton Chew
Valentine, a minor, Appellant, v. Milton KELNER, Guardian Ad Litem, Appellee.
TEXT: BASKIN, Judge. Drayton Valentine died in 1974. In his will he created a trust for the
benefi...s other arguments and find them to be without merit. For these reasons, we reverse and
remand for further proceedings consistent with this opinion.


88-CITE: 538 So.2d 477 In re The ADOPTION OF R.M.H. R.W.S., Appellant, v. M.S.H. and M.R.H., M.D.L.,
Appellees.
TEXT: SCHEB, Judge. R.W.S., a teenage father, challenges a summary judgment and a final judgment
o... would allow the trial court to consider the issue of estoppel or any reason other than
abandonment to excuse or waive the father s written consent.


89-CITE: 510 So.2d 309 James T. JOINER, Appellant, v. In re the Interest of BABY DOE, a minor child,
Kera Doerrfeld, by her mother and next friend, Darlene Konz, Appellee.
TEXT: PER CURIAM. By way of a plenary appeal appellant, James T. Joiner, seeks review of a final
o...ort the trial judge s findings and, thus, the judgment appealed from should be, and is,
affirmed. AFFIRMED. DOWNEY, ANSTEAD and DELL, JJ., concur.


90-CITE: 730 So.2d 851 Simon SCHWARZ, Appellant, v. Judith PURCELL, Appellee.
TEXT: PER CURIAM. As there is substantial competent evidence in the record to support the trial
co...; Solomon v. McLucas, 382 So.2d 339, 344 (Fla. 2d DCA 1980), we affirm the final order denying
the maternal uncle s petition of adoption. Affirmed.


91-CITE: 534 So.2d 904 L.L.S., R.S. and Thomas E. Cunningham, Jr., Appellants, v. Honorable Vernon W.
EVANS, Jr., Judge of the Circuit Court, Appellee.
TEXT: PER CURIAM. Reversed and remanded pursuant to Brod v. Matter of an Adoption, 522 So.2d 973
(... Reversed and remanded pursuant to Brod v. Matter of an Adoption, 522 So.2d 973 (Fla. 2d DCA
1988). SCHEB, A.C.J., and LEHAN and HALL, JJ., concur.


92-CITE: 495 So.2d 1193 FRIENDS OF THE EVERGLADES, INC., and Pamela Beryl Pierce, Appellants, v. STATE
of Florida, DEPARTMENT OF COMMUNITY AFFAIRS, Appellee.
TEXT: PER CURIAM. This is an appeal by Friends of the Everglades, Inc. and one of its members
(her...tents of the letter, but even if an administrative hearing can encompass a challenge to the
process, the meaningful point of entry would not differ.


93-CITE: 659 So.2d 697 FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Petitioner, v. John
DOE and Jane Doe, as Intervenors in the Adoption of B.M., Respondents. The BROWNS, Petitioners, v.
JOHN DOE and Jane Doe, as Intervenors in the Adoption of B.M., Respondents.
TEXT: WOLF, Judge. Petitioners filed a petition for writ of common law certiorari to review the
tr...retion and deviated from the essential requirements of law. Accordingly, I would deny the
petition and leave intact the decision of the trial court.


94-CITE: 432 So.2d 620 In the Matter of the ADOPTION OF K.C.P.
TEXT: WALDEN, Judge. This is an appeal from a final judgment granting the petition of the aunt
and... York custody decree pursuant to Sections 61.1328 and 61.1332(1), Florida Statutes (1981).
Reversed and remanded. BERANEK and HERSEY, JJ., concur.


95-CITE: 520 So.2d 654 David Wayne SMITH, Appellant, v. Jose Antonio FERNANDEZ, Appellee.
TEXT: JORGENSON, Judge. David Wayne Smith appeals from an order of the trial court granting the
pe...child, particularly where the parties are separated by long distance. In re Adoption of
Braithwaite, 409 So.2d 1178, 1180 n. 4 (Fla. 5th DCA 1982).


96-CITE: 712 So.2d 4 O.A.H., Appellant, v. R.L.A. and E.P.A., Appellees.
TEXT: NORTHCUTT, Judge. This appeal arises from a contested adoption proceeding in which the
trial...tal consent, (4) the presence or absence of disputed issues of fact, and (5) the complexity
of the proceeding in terms of witnesses and documents.


97-CITE: 570 So.2d 340 In re ADOPTION of A MINOR CHILD.
TEXT: WARNER, Judge. These consolidated appeals arise out of hotly contested adoption proceedings
...r a petitioner-relative, but the adoption is not exempted under either Section 63.0425(2) or
(3)? HERSEY, C.J., and WARNER and POLEN, JJ., concur.


98-CITE: 566 So.2d 524 Milisav KUTLESIC, Appellant, v. GUARDIANSHIP OF Katia KUTLESIC, Appellee.
TEXT: ORDER RELATING TO RECORD ON APPEAL PER CURIAM. The appellant is given thirty days within
wh...is relinquished for that purpose. See Jones v. Jones, 359 So.2d 579 (Fla. 1st DCA 1978); In re
Adoption of A.M.L., 297 So.2d 840 (Fla. 2d DCA 1974).


99-CITE: 575 So.2d 1364 Sam DAVIS and Gardenia Davis, Appellants, v. In re ADOPTION OF T.R.D., a minor,
Appellee.
TEXT: FERGUSON, Judge. This bittersweet quandary required the trial court to choose between two
ca...ty years. We may not disturb that judgment because it is supported by competent and substantial
evidence and the law as properly applied. Affirmed.


100-CITE: 738 So.2d 453 Roberta WILLIAMS, Appellant, v. The ESTATE OF Nero PENDER, Appellee.
TEXT: LAWRENCE, J. Roberta Williams appeals an order determining, by the preponderance of the
evid...lleged adoptive parents. We accordingly reverse the order of the trial court and remand for
consistent proceedings. ALLEN and BENTON, JJ., CONCUR.


101-CITE: 528 So.2d 54 In the Interest of M.L.M., a child.
TEXT: JOANOS, Judge. The adoptive parents, who were also the maternal grandparents, appeal a
non-f... treated as a matter of discretion, as the majority opinion does in this case, I fully
concur with the majority on all four points raised on appeal.


102-CITE: 479 So.2d 844 In the Interest of T.D., a Child, Appellant, v. STATE of Florida, DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: PER CURIAM. This case is before us on appeal from a judgment which permanently commits T.D.
...judge s decision is in accord with the law. Accordingly, we affirm. WIGGINTON and BARFIELD, JJ.,
and BEN C. WILLIS (Ret.), Associate Judge, concur.


103-CITE: 481 So.2d 984 James C. KIDDER, etc., Appellant, v. Barney Allyn HESS, et al., Appellees.
TEXT: UPCHURCH, Judge. James Kidder appeals from an order denying him relief from a judgment
enter...itled to a hearing on his motion for relief from judgment. REVERSED and REMANDED for
consideration on the merits. DAUKSCH and COWART, JJ., concur.


104-CITE: 487 So.2d 420 Joseph GRANDSTAFF, Appellant, v. STATE of Florida, DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, Appellee.
TEXT: PER CURIAM. We affirm the order permanently committing a nine-year-old child to the custody
...ests of the child require that she be permanently removed from her family environment. Affirmed.
DANAHY, A.C.J., and LEHAN and FRANK, JJ., concur.


105-CITE: 550 So.2d 537 Maurice BERK, Appellant, v. Richard CARLO, individually, etc., et al.,
Appellees.
TEXT: PER CURIAM. While we do not agree with the trial court s blanket adoption of appellee s
argu...adoption of appellee s argument, we conclude that it reached the right result. Accordingly,
we affirm. GLICKSTEIN, WALDEN and GUNTHER, JJ., concur.


106-CITE: 572 So.2d 986 In re the Matter of ADOPTION OF BABY JAMES DOE. John O BRYAN, Natural Father
Appellant, v. John and Jane DOE, Petitioners Appellees.
TEXT: JOANOS, Judge. Appellant John O Bryan appeals the trial court s order denying his objection
...objection to the adoption of Baby James Doe is reversed, and the matter is remanded for further
proceedings. SHIVERS, C.J., and ZEHMER, J., concur.


107-CITE: 755 So.2d 753 S.J. and I.J., by and through their legal guardians, M.W. and D.B., Appellants,
v. W.L. and L.L., Appellees.
TEXT: TAYLOR, J. In this appeal by a minor child s siblings from a trial court s order denying
the...ng of course that whether such contacts are in the best interests of the child being adopted
is for the trial court to decide in the first instance.


108-CITE: 534 So.2d 1218 Patricia (Clark) FOSTER and Brent Foster, her husband, Appellants, v. Michael
STEIN, Appellee.
TEXT: SCHWARTZ, Chief Judge. The issue in this case concerns the viability of a final judgment of
...t and respondent s supplemental motion for relief from judgment). (FN4) The county judge was
properly assigned to hear the Rule 1.540 motion itself.


109-CITE: 544 So.2d 1136 In the Interest of BABY BOY A., a child.
TEXT: POLEN, Judge. Appellant, the putative father of the minor child, seeks reversal of the
trial...nd remand for the appellant to be offered a performance agreement so he may demonstrate
whether he will support Baby Boy A. I respectfully dissent.


110-CITE: 721 So.2d 723 W.T.J., adoptive father of K.A.R., a minor, Petitioner, v. E.W.R., natural
father of K.A.R., a minor, Respondent.
TEXT: WELLS, Justice. We have for review a decision of the First District Court of Appeal on a
que...enced after October 1, 1997, id. at Section 6, has no application here because the respondent
was sentenced and incarcerated before October 1, 1997.


111-CITE: 739 So.2d 650 Sharon D. LONON and Jerre Gene Lonon, Appellants, v. Stephen James FERRELL and
Jacqualyn Marie Ferrell, Appellees.
TEXT: NORTHCUTT, Judge. Mr. and Mrs. Lonon are the biological grandparents of a five-year old
chil...is case. We focus on Mrs. Ferrell s objection only to show that she could have refused
visitation both before and after her marriage to Mr. Ferrell.


112-CITE: 557 So.2d 861 Michael STEIN, Petitioner, v. Patricia Clark FOSTER, et al., Respondents.
TEXT: McDONALD, Justice. We review Foster v. Stein, 534 So.2d 1218 (Fla. 3d DCA 1988), because of
...ections to affirm Judge Swanko s rulings in this case. It is so ordered. EHRLICH, C.J., and
OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.


113-CITE: 633 So.2d 104 In the Interest of K.C., a minor. J.C., Appellant, v. STATE of Florida,
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: PER CURIAM. After carefully reviewing the record, we cannot conclude that the trial court
ab...nt adoption. Accordingly, we affirm the order terminating the mother s parental rights.
SCHOONOVER, A.C.J., and ALTENBERND and FULMER, JJ., concur.


114-CITE: 537 So.2d 206 Nancy McELRATH, Appellant, v. Jerry McELRATH, Appellee.
TEXT: PER CURIAM. We affirm because of Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980),
although...cally Subtitle A, Section 103, the subject of which is state guidelines for child support
award amounts. GLICKSTEIN, WALDEN and STONE, JJ., concur.


115-CITE: 739 So.2d 1283 L.J.R., Natural Father of L.J.R., II, Appellant, v. T.T., Appellee.
TEXT: BENTON, J. L.J.R., the natural father of L.J.R. II (the child), appeals the final judgment
g...had consented where purpose and effect of adoption were to deprive adoptee of paternal support).
Reversed. VAN NORTWICK and PADOVANO, JJ., concur.


116-CITE: 467 So.2d 1106 In re The ADOPTION OF C.L.W., a child. Betty FOWLER, Appellant, v. Helen WEEKS
and Arnold Weeks, Appellees.
TEXT: PER CURIAM. Appellant Betty Fowler, the natural mother, appeals the final judgment of
adopti...physical custody of the child. If any of these persons is outside this state, notice and
opportunity to be heard shall be given pursuant to. . . .


117-CITE: 472 So.2d 1307 Jack D. PHILLIPS, Appellant, v. DEPARTMENT OF CORRECTIONS, Appellee.
TEXT: SHIVERS, Judge. Appellant appeals the Department of Corrections order denying his petition
t...e for commutation of a life sentence. Accordingly, the Department s order denying appellant s
petition is AFFIRMED. ERVIN and JOANOS, JJ., concur.


118-CITE: 588 So.2d 339 In re The ADOPTION OF M.A.M.B., a Juvenile.
TEXT: PER CURIAM. The record in this case reflects that the judgment of the trial court, wherein
t...559 So.2d 87 (Fla. 3d DCA 1990), review denied, 574 So.2d 140 (Fla.1990). Accordingly, the
judgment under review herein is affirmed in all respect.


119-CITE: 498 So.2d 888 DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Petitioner, v. NATIONAL
ADOPTION COUNSELING SERVICE, INC., et al., Respondents.
TEXT: EHRLICH, Justice. We accepted jurisdiction to review National Adoption Counseling Service,
I... would exercise jurisdiction, quash the decision of the district court, and direct that the
trial court s orders be affirmed. OVERTON, J., concurs.


120-CITE: 654 So.2d 1039 In the Interest of C.L., a Minor.
TEXT: PER CURIAM. This is an appeal by the natural parents from a final order terminating their
pa...fth child. The record in this cause convinces us that the decision of the trial court should be
affirmed. STONE, PARIENTE and SHAHOOD, JJ., concur.


121-CITE: 666 So.2d 602 HERNANDO COUNTY, etc., Appellant, v. Ernest FRANKLIN and Clorinda Franklin,
Appellee.
TEXT: HARRIS, Judge. Ernest and Clorinda Franklin own two lots divided by an alley in the Gulf
Vie... precludes the entry of summary judgment. REVERSED AND REMANDED for further action consistent
with this opinion. GOSHORN and GRIFFIN, JJ., concur.


122-CITE: 447 So.2d 341 In The Interest of R.W.H., a Caucasian child, born March 4, 1972.
TEXT: GLICKSTEIN, Judge. The question here is as old as that posed to Solomon; namely, what is to
...Performance Agreement for a reasonable period, with further instructions that HRS provide for a
psychiatric evaluation of both the mother and R.W.H.


123-CITE: 614 So.2d 1161 In the Interest of: A.M., a child.
TEXT: ON MOTION FOR REHEARING PER CURIAM. We withdraw our opinion and substitute the following
in...hild is to be placed for adoption. On this record, we cannot disagree. Affirmed. STONE, and
WARNER, JJ., and ROSS, DALE, Associate Judge, concur.


124-CITE: 490 So.2d 155 In the Interest of A.T. and T.T., Children, Appellants, v. DEPARTMENT OF HEALTH
AND REHABILITATIVE SERVICES, Appellee.
TEXT: PER CURIAM. This appeal is from a final judgment adjudicating A.T. and T.T. dependent
childr... but merely implied that she had failed to comply substantially with the performance
agreement. AFFIRMED. ERVIN, THOMPSON and ZEHMER, JJ., concur.


125-CITE: 724 So.2d 1159 IN RE AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE.
TEXT: OVERTON, J. In In re Amendments to the Florida Family Law Rules, 713 So.2d 1 (Fla.1998),
thi...ee to provide us with an appropriately modified rule. It is so ordered. HARDING, C.J., and.
SHAW, KOGAN, WELLS, ANSTEAD and PARIENTE, JJ., concur.


126-CITE: 436 So.2d 251 In re The Matter of the ADOPTION, OF H.Y.T. Alva RAMEY and Wanda Ramey, his
wife, Appellants, v. Peter B. THOMAS, Alice M. Thomas, his wife and Daniel S. Wallace, as Attorney
Ad Litem for H.Y.T., a minor, Appellees.
TEXT: SHARP, Judge. Alva and Wanda Ramey appeal from a non-final order of the trial court that
aut... to do so. (FN3) Section 90.503(4)(a), Fla.Stat. (1981). (FN4) Section 90.503(4)(b), Fla.Stat.
(1981). (FN5) Section 90.503(4)(c), Fla.Stat. (1981).


127-CITE: 476 So.2d 320 Nathaniel BIGBEE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Nathaniel Bigbee, appeals from the judgments and sentences
entere.... We affirm the judgments in all other respects. Reversed and remanded for resentencing.
DANAHY, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.


128-CITE: 462 So.2d 1202 ALLSTATE INSURANCE COMPANY, a foreign corporation, Appellant, v. Madeline
HILSENRAD and Steven Garfield, Appellees.
TEXT: BARKDULL, Judge. The defendant appeals an adverse final summary judgment and an order
assess...he same is hereby reversed with directions to enter summary judgment in favor of Allstate
Insurance Company. Reversed and remanded with directions.


129-CITE: 573 So.2d 61 Thomas Allen KENT, Appellant, v. Jayne Bumpers BURDICK and Laurence Burdick,
Appellees.
TEXT: ZEHMER, Judge. Thomas Kent appeals an amended final judgment denying his motion to
establish...d this cause is remanded for further proceedings not inconsistent with this opinion.
REVERSED AND REMANDED. SHIVERS, C.J., and JOANOS, J., concur.


130-CITE: 606 So.2d 730 PALM BEACH COUNTY, ex rel., in re ADOPTION OF T.G.L.
TEXT: PER CURIAM. Palm Beach County challenges an order requiring it to pay fees and costs to
atto...ces); See also In Interest of M.P., 453 So.2d 85 (Fla. 5th DCA 1984), rev. denied, 472 So.2d
732 (Fla.1985); and Marion Co. v. Johnson, cited above.


131-CITE: 624 So.2d 280 STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant,
v. L.N., a minor, (FN*) By and Through his natural grandmother and next friend, Hilda NEGRON, and
B.L., a minor, (FN*) By and Through her guardian and next friend, Robin Faber, and Robin Faber, as
guardian, Appellees.
TEXT: PER CURIAM. The Florida Department of Health and Rehabilitative Services ( HRS ) appeals
adv...ch the judgment can be sustained. The judgment is reversed and the cause remanded with
directions to enter judgment for HRS. Reversed and remanded.


132-CITE: 580 So.2d 621 J.B. COXWELL CONTRACTING, INC., Appellant, v. STATE of Florida, DEPARTMENT OF
TRANSPORTATION, Appellee.
TEXT: NIMMONS, Judge. Appellant, J.B. Coxwell Contracting, Inc., appeals a final order of the
Depa... 14-78.002 was improperly enacted or violative of due process. Accordingly, the Department s
final order is AFFIRMED. SMITH and ALLEN, JJ., concur.


133-CITE: 751 So.2d 70 Lester SWARTZ, Appellant, v. LASTING IMPRESSIONS PICTURE SOAP, INC., a Florida
corporation, Appellee.
TEXT: PER CURIAM. Affirmed. Appellant s first issue alleges error based on the trial court s
adopt...ouchette, 349 So.2d 1181 1186 (Fla.1977). As to all other issues, we also affirm. STONE,
GROSS, JJ., and JULIAN, JOYCE A., Associate Judge, concur.


134-CITE: 744 So.2d 575 In re J.A.B. and J.R.B., children. Nine Months Adoptions, Petitioner, v.
R.A.B.C., mother, and J.A.C., biological father, Respondents.
TEXT: PER CURIAM. Nine Months Adoptions (Nine Months) seeks a writ of certiorari ordering the
Circ...ding does not invoke our certiorari jurisdiction. Petition for writ of certiorari dismissed.
PARKER, A.C.J., and WHATLEY and SALCINES, JJ., Concur.


135-CITE: 673 So.2d 12 Thomas A. STEFANOS, et ux., Petitioners, v. Nelson RIVERA-BERRIOS, Respondent.
TEXT: GRIMES, Chief Justice. We have for review Rivera-Berrios v. Stefanos, 649 So.2d 881 (Fla.
5t... should be open to carefully consider all of their positions and then to do what s right for
the child. I think that s the law. KOGAN, J., concurs.


136-CITE: 671 So.2d 183 Michael Allen MOTES, Appellant, v. Michael Randy RAWSON, and Nicole Michelle
Rawson, Appellees.
TEXT: PER CURIAM. AFFIRMED. COBB and GRIFFIN, JJ., concur. PETERSON, C.J., dissents, with
opinio.... See In the Interest of D.B., 385 So.2d 83 (Fla.1980); Palmateer v. Dept. of Health and
Rehabilitative Services, 625 So.2d 117 (Fla. 5th DCA 1995).


137-CITE: 464 So.2d 201 In the Interest of L.T. and C.T., minor children. Willie KNIGHT and Deborah
Teal, Appellants, v. STATE of Florida, DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, Appellee.
TEXT: DAUKSCH, Judge. We withdraw the previously issued opinion in this matter and substitute the
... 1st DCA 1982). The order is reversed and this cause remanded for a new hearing. REVERSED and
REMANDED. FRANK D. UPCHURCH and SHARP, JJ., concur.


138-CITE: 564 So.2d 1222 In the Interest of M.L.M., a child.
TEXT: PER CURIAM. Appellants appeal a final order vacating an order of adoption. This court, sua
s...ourt continues its long-standing practice of reviewing the record, upon arrival at this court,
to determine if the notice was actually timely filed.


139-CITE: 629 So.2d 1055 In the Interest of J.S., a Child. J.S., natural father, Appellant, v. STATE of
Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: THREADGILL, Judge. Appellant, the natural father, challenges the order terminating his
paren...tt v. Department of Health and Rehabilitative Services, 577 So.2d 565 (Fla.1991). We
therefore affirm. DANAHY, A.C.J., and SCHOONOVER, J., concur.


140-CITE: 444 So.2d 65 GEORGE HUNT, INC., Appellant, v. DORSEY YOUNG CONSTRUCTION, INC., Appellee.
TEXT: HERSEY, Judge. We affirm as to appellant s first point on appeal relying on the rule that
on...Florida Rules of Civil Procedure]. Appellant s additional points being likewise without merit
we affirm. AFFIRMED. LETTS and BERANEK, JJ., concur.


141-CITE: 593 So.2d 185 In re ADOPTION OF A MINOR CHILD.
TEXT: BARKETT, Justice. We have for review In re Adoption of a Minor Child, 570 So.2d 340, 345
(Fl...uit court to proceed in accordance with this opinion. It is so ordered. SHAW, C.J., and
OVERTON, McDONALD, GRIMES, KOGAN and HARDING, JJ., concur.


142-CITE: 573 So.2d 9 Steven WALLERSTEIN, Shawn Wallerstein, and Deborah Wallerstein, Appellants, v.
HOSPITAL CORPORATION OF AMERICA, etc., et al., Appellees.
TEXT: PER CURIAM. Appellant Shawn Wallerstein was born in Plantation General Hospital on July 21,
...sal of the action as to all other theories. See Greenwald v. Grayson, 189 So.2d 204 (Fla. 3d DCA
1966). LETTS, GLICKSTEIN and GARRETT, JJ., concur.


143-CITE: 630 So.2d 1159 Rosaly SHEPPARD and The Department of Health and Rehabilitative Services,
Appellants, v. Arthur SHEPPARD, Appellee.
TEXT: PER CURIAM. We affirm the order denying appellant Sheppard s exceptions to the general
maste...d adoption of the master s report is proper; the master s findings are supported by the
record. Thus, the order under review is affirmed. Affirmed.


144-CITE: 501 So.2d 37 In the Interest of S.N.W., a child.
TEXT: SMITH, Judge. Appellant-mother appeals a final judgment permanently committing her daughter
...08 (Fla. 1st DCA 1986); and In the Interest of A.D.J. and D.L.J., 466 So.2d 1156 (Fla. 1st DCA
1985). REVERSED. SHIVERS and THOMPSON, JJ., concur.


145-CITE: 486 So.2d 632 Christopher JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant appeals the revocation of his probation and asks that his sentence be
...id not select guidelines sentencing, and no guidelines scoresheet is in the record. Affirmed.
DANAHY, A.C.J., and LEHAN and SANDERLIN, JJ. concur.


146-CITE: 626 So.2d 258 Noral A. DANIEL, Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA and Vicky
L. Daniel, Appellees.
TEXT: PER CURIAM. AFFIRMED. GLICKSTEIN, J., and BIRKEN, ARTHUR M., Associate Judge, concur.
ANST...ellant is the father of appellee-mother s deceased child by the doctrine of equitable
adoption, or if she is estopped to deny that he is the father.


147-CITE: 640 So.2d 1244 Linda J. BARNBY, Appellant, v. The Matter of AN ADOPTION, Appellee.
TEXT: GRIFFIN, Judge. Appellant, Linda J. Barnby, appeals an order of the lower court limiting
her...rida Statutes; however, we are unable to determine the items to which the lower court referred
or the basis for the court s decision in this regard.


148-CITE: 522 So.2d 973 In re the Matter of the Adoption. Sherman M. BROD, Appellant Attorney, v. The
MATTER OF AN ADOPTION, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, Sherman M. Brod, is the attorney and intermediary
f...nal judgment of adoption. Reversed and remanded. THREADGILL and PARKER, JJ., concur.
------------ (FN3) $500 in 1985, $1,000 after 1987 amendment.


149-CITE: 473 So.2d 1376 Patricia WEBB, Appellant, v. Larry Mayburn BLANCETT, and Vicki Lynn Blancett,
Appellees.
TEXT: ORFINGER, Judge. Patricia Webb, the natural mother of the minor child Deliverance Lynn Webb
...d that threshold question, that the best interest of Dee is served, has been, will be served, in
my judgment, by the Blancetts. (emphasis supplied).


150-CITE: 584 So.2d 600 In the Interest of P.A.G., a child. DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES, STATE OF FLORIDA, Appellant, v. M.G., Appellee.
TEXT: ALTENBRERND, Judge. The Department of Health and Rehabilitative Services appeals an order
re...e consideration of the factors contained in section 63.162, Florida Statutes (1989). Reversed
and remanded. DANAHY, A.C.J., and FRANK, J., concur.


151-CITE: 663 So.2d 665 Michael Stewart PEREGOOD, a Minor, etc., et al., Appellant, v. James COSMIDES
and Serena Peregood, Appellee.
TEXT: W. SHARP, Judge. Michael Peregood, a minor, appeals from an order granting his natural
fathe...ts interests were adverse to those of the child. There we held that the law requires a
guardian ad litem to be appointed to represent a minor child.


152-CITE: 597 So.2d 891 Judith DILLON, Appellant, v. James D. ROBB, Appellee.
TEXT: W. SHARP, Judge. Judith Dillon (the maternal grandmother) appeals from the final adoption
of...on now mandated by the majority. The grandmother is entitled to have the court make this
important decision using the correct law. I would reverse.


153-CITE: 478 So.2d 376 Robert William CAHILL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant challenges the revocation of his probation and the sentence
impose... effect prior to the adoption of the guidelines. REVERSED AND REMANDED FOR RESENTENCING.
DANAHY, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.


154-CITE: 618 So.2d 205 Lester JOYNER, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We review Joyner v. State, 594 So.2d 328 (Fla. 2d DCA 1992), on the ground of
ex...t of appeal in the instant case is approved. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.


155-CITE: 559 So.2d 657 David LANGLE, Appellant, v. STATE of Florida, et al., Appellees.
TEXT: GOSHORN, Judge. David L. Langle appeals the trial court s order denying his petition for
wri...elay was not unreasonable even though it exceeded the 60 day limit. The requirement that
prejudice be shown was not changed by adoption of the rule.


156-CITE: 641 So.2d 145 In the Interest of C.R.B. and B.L.M., Children. J.L.S., Appellant, v. STATE of
Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee. In the Interest of C.R.B., a
Child. S.B., Appellant, v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,
Appellee.
TEXT: PER CURIAM. The appellants, the natural mother of C.R.B. and B.L.M. and the natural father
o...t v. Dep t. of Health & Rehabilitative Servs., 577 So.2d 565 (Fla.1991). Therefore, we affirm.
CAMPBELL, A.C.J., and BLUE and FULMER, JJ., concur.


157-CITE: 480 So.2d 250 NATIONAL ADOPTION COUNSELING SERVICE, INC., and Richard Gitelman, Appellants, v.
STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: DOWNEY, Judge. This appeal involves the review of two nonfinal orders: an order denying
appe...eversed and the cause is remanded with directions to dismiss the cause. REVERSED AND
REMANDED with directions. HERSEY, C.J., and DELL, J., concur.


158-CITE: 737 So.2d 1144 Laura Maria CABALLERO, Appellant, v. Robina Pandora ROBERTSON, Appellee.
TEXT: PER CURIAM. Laura Maria Caballero appeals an order denying her petition for appointment as
g..., inter alia, by undue influence. Both of these findings are supported by the record. AFFIRMED.
GRIFFIN, C.J., PETERSON and THOMPSON, JJ., concur.


159-CITE: 742 So.2d 803 Carmen TUNGATE, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.
TEXT: ORDER DISMISSING APPEAL PER CURIAM. Carmen Tungate, an inmate incarcerated at Everglades
Co... 1993). Accordingly, the instant appeal is dismissed. See Section 120.81(3)(a), Fla.Stat.
(Supp.1996). ERVIN, BOOTH and VAN NORTWICK, JJ., concur.


160-CITE: 491 So.2d 1226 In the Interest of J.B.H. and J.C.H., Children.
TEXT: GLICKSTEIN, Judge. This is an appeal by the natural parents of two small children, age 5
and... below was the mother s compliance with a performance agreement that was apparently doomed to
failure from the outset because of her mental illness.


161-CITE: 712 So.2d 850 Joseph L. KLINKER, Appellant, v. Kerry A. KLINKER, Appellee.
TEXT: GOSHORN, Judge. Appellant correctly contends that one business day s notice of the contempt
...mergency, the failure to provide Appellant reasonable notice deprived him of due process.
REVERSED and REMANDED. W. SHARP and HARRIS, JJ., concur.


162-CITE: 501 So.2d 706 Kathy WARREN, Appellant, v. STATE of Florida, DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. This appeal is from the final judgment of the trial court
that...arents, or if this is not possible, the permanent commitment of the child. . . . (Emphasis
supplied.) Affirmed. SCHOONOVER and LEHAN, JJ., concur.


163-CITE: 507 So.2d 136 In the Interest of R.N.G., C.A.G. and S.E.G., Minor Children.
TEXT: SHIVERS, Judge. This is an appeal of an order of permanent commitment, terminating
appellant...nce will be necessary, or whether a determination can be made on the existing record.
REVERSED and REMANDED. SMITH, C.J., and ZEHMER, JJ., concur.


164-CITE: 629 So.2d 1055 In the Interest of J.S. and C.S., Children. J.S., natural father, Appellant, v.
STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES and State of Florida Guardian Ad
Litem Program, Appellees.
TEXT: THREADGILL, Judge. Appellant, the natural father, challenges the order terminating his
paren...tt v. Department of Health and Rehabilitative Services, 577 So.2d 565 (Fla.1991). We
therefore affirm. DANAHY, A.C.J., and SCHOONOVER, J., concur.


165-CITE: 550 So.2d 1120 THE FLORIDA BAR RE AMENDMENT TO THE RULES REGULATING THE FLORIDA BAR--RULE
4-1.5 (CONTINGENT FEES).
TEXT: McDONALD, Justice. The Florida Bar has petitioned the Court to amend rule
4-1.5(F)(4)(b)1.b....ent will be effective upon the filing of this opinion. It is so ordered.
EHRLICH, C.J., and OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.


166-CITE: 554 So.2d 671 Simon SHEPPARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant appeals from a judgment and sentence entered on March 16, 1989,
af...ior to the adoption of the guidelines. We affirm the judgment in all other respects.
SCHOONOVER, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.


167-CITE: 437 So.2d 713 In the Interest of R.V.F., Jr., a Child.
TEXT: GRIMES, Acting Chief Judge. The Florida Department of Health and Rehabilitative Services
(HR...ow and direct that R.V.F., Jr., be permanently committed to HRS for subsequent adoption.
RYDER, J., and HANLON, MORTON J., Associate Judge, concur.


168-CITE: 630 So.2d 576 AMENDMENT TO THE RULES OF THE SUPREME COURT OF FLORIDA RELATING TO ADMISSIONS TO
THE BAR RE: BOARD MEMBERS EMERITUS
TEXT: PER CURIAM. This is a petition of the Florida Board of Bar Examiners for the adoption of a
r...e effective when this opinion becomes final. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.


169-CITE: 583 So.2d 797 Antonio Marcos SALAZAR, Husband, Appellant, v. Michael Diane SALAZAR, Wife,
Appellee.
TEXT: WIGGINTON, Judge. We affirm the trial court s denial of the husband s motion for relief
from...r proceedings to readjust the wife s interest in the husband s retirement benefits according
to law. WOLF, J., and WENTWORTH, Senior Judge, concur.


170-CITE: 457 So.2d 1064 In re Trust Under WILL OF Louis J. MARTELL, Deceased.
TEXT: GRIMES, Judge. This case examines the law applicable in construing the terms and provisions
...ral grandfather, Arthur J. Landry, per stirpes. Accordingly, the decision of the trial court is
reversed. BOARDMAN, A.C.J., and DANAHY, J., concur.


171-CITE: 453 So.2d 220 In re the Interest of C.B., a child. Mary K. BURK, Appellant, v. DEPARTMENT OF
HEALTH & REHABILITATIVE SERVICES, Appellee.
TEXT: COBB, Chief Judge. The appellant challenges the trial court s order severing her parental
ri...emplated when a performance agreement otherwise would be utilized but the parents refuse or are
unable for some reason to enter into such agreement.


172-CITE: 687 So.2d 1338 STATE of Florida, Harry K. Singletary, Appellant, v. Harrell BRADDY, Appellee.

TEXT: ALLEN, Judge. The appellant challenges an order by which the trial court ordered the
Departm...datory firearm term of his incarceration, without regard to chapter 83-215, the trial
court s order is reversed. WEBSTER and LAWRENCE, JJ., concur.


173-CITE: 605 So.2d 104 Randy L. MORGAN and Robert L. Morgan, as Co-Personal Representatives of the
Estate of Kirk E. Morgan, deceased, Appellants, v. AMERICAN BANKERS LIFE ASSURANCE COMPANY OF
FLORIDA, a Florida corporation, et al., Appellees.
TEXT: ON MOTION TO DISMISS APPEAL NESBITT, Judge. The personal representatives appeal an order
en...t in the presently pending wrongful death action. Mendez. For the foregoing reasons, the
motion to dismiss the appeal is granted without prejudice.


174-CITE: 663 So.2d 1314 AMENDMENT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.130.
TEXT: PER CURIAM. This is an emergency petition to amend Florida Rule of Appellate Procedure
9.130...e of the Florida Family Law Rules of Procedure. It is so ordered. GRIMES, C.J., and
OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.


175-CITE: 573 So.2d 987 E.L. Shorty ALLEN, et al., Appellants, v. Honorable Bob MARTINEZ, Governor, et
al., Appellees, and Florida Department of Community Affairs, Intervenor Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. Appellees motion for rehearing or clarification is
gran...n to the property owners involved would be constitutionally suspect. Gulf and Eastern Dev.
Corp. v. City of Ft. Lauderdale, 354 So.2d 57 (Fla.1978).


176-CITE: 635 So.2d 139 In the INTEREST OF C.B., a minor child.
TEXT: STEVENSON, Judge. The mother appeals the trial court s order terminating her parental
rights...s the opportunity for the child s subsequent adoption into, hopefully, a loving and
nurturing home. Affirmed. GLICKSTEIN and GUNTHER, JJ., concur.


177-CITE: 522 So.2d 1023 The SCHOOL BOARD OF VOLUSIA COUNTY, Appellant, v. GOMON, FLETCHER ARCHITECTS,
INC., etc., et al., Appellees.
TEXT: PER CURIAM. Affirmed on the authority of Kelley v. School Board of Seminole County, 435
So.2...irmed on the authority of Kelley v. School Board of Seminole County, 435 So.2d 804
(Fla.1983). AFFIRMED. ORFINGER, COWART and DANIEL, JJ., concur.


178-CITE: 585 So.2d 1095 Barbara BLAND and Michael Bland, her husband, Appellants, v. FORD MOTOR CREDIT
CORP., Wayne Mathew Quinlan, Debbie Langlois and Langlois Corporation, Appellees.
TEXT: PER CURIAM. We affirm a final summary judgment in favor of the defendant, Ford Motor Credit
...v. General Motors Acceptance Corp., 570 So.2d 1109 (Fla. 5th DCA 1990). See also Abdala, footnote
1 at 332. HERSEY, STONE and GARRETT, JJ., concur.


179-CITE: 592 So.2d 778 In the Interest of G., Children.
TEXT: PER CURIAM. Appellant, the natural mother, appeals two final judgments terminating her
paren...s at the time of the hearing. I would not substitute our judgment, even with the
qualifications for expediting provided for in the majority opinion.


180-CITE: 497 So.2d 730 Billy George McPHAUL, a k a Harold Williams, Appellant, v. STATE of Florida,
Appellee.
TEXT: LEHAN, Judge. Defendant appeals from the sentence imposed upon him upon his violation of
pro...n excessively exceeding the guidelines presumptive sentencing range. Remanded for correction
of sentence. CAMPBELL, A.C.J., and FRANK, J., concur.


181-CITE: 490 So.2d 1318 BAYONET POINT HOSPITAL, INC., d b a Bayonet Point Hudson Regional Medical
Center, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: MILLS, Judge. Bayonet Point Hospital, Inc. appeals from the denial of its petition to amend
... Section 120.54, which does not require a hearing, formal or otherwise, on petitions for
rulemaking. Affirmed. WENTWORTH and NIMMONS, JJ., concur.


182-CITE: 714 So.2d 1043 Steven R. MAXWELL and John Branch Griffin, Sr., Appellants, v. LEE COUNTY,
Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellants, Lee County residents Steven R. Maxwell and John
Br...llot after the list of candidates. (Emphasis supplied.) We therefore affirm the summary
judgment entered below. THREADGILL and GREEN, JJ., concur.


183-CITE: 651 So.2d 230 Ian KOBLICK and Tonya Koblick, Appellants, v. FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, f k a Florida Department of Natural Resources, and Board of Trustees of
the Internal Improvement Trust Fund, Appellees.
TEXT: KAHN, Judge. This appeal involves a dispute over the construction of a private dock on
state...n to construct their dock, and we therefore reverse the final order denying such permission.
REVERSED. ZEHMER, C.J., and VAN NORTWICK, J., concur.


184-CITE: 523 So.2d 639 STATE of Florida, Appellant, v. Anthony W. BROOM, Appellee.
TEXT: PER CURIAM. The state appeals an order granting a petition for writ of habeas corpus and
ord...ent of Rule 3. We therefore reverse the order granting petition for writ of habeas corpus.
SCHEB, Acting C.J., and CAMPBELL and HALL, JJ., concur.


185-CITE: 736 So.2d 146 Marion AMBROSE, f k a Marion Pellicano, Appellant, v. CATHOLIC SOCIAL SERVICES,
INC., etc., Appellee.
TEXT: ANTOON, C.J. The trial court dismissed with prejudice Marion Ambrose s five-count complaint
...te of repose and statute of limitations period expired prior to the filing of the complaint.
REVERSED and REMANDED. COBB and GRIFFIN, JJ., concur.


186-CITE: 744 So.2d 555 CITY OF MIAMI; Walter E. Foeman, Clerk of the City of Miami; and David P. Leahy,
Miami-Dade County Supervisor of Elections, Appellants, v. MIAMI ASSOCIATION OF FIREFIGHTERS, LOCAL
587; Fraternal Order Of Police, Lodge 20; Association of Federal, State, County and Municipal
Employees, Local 1907; Thelma Anderson Gibson; Thomas M. Gabriel; Luis Fernandez; T. Sinclair Tory
Jacobs; Tucker Gibbs; Mary Ann Miller; Wellington Rolle; Coconut Grove Civic Club, Inc., Appellees.

TEXT: FLETCHER, Judge. The City of Miami [City] and Walter E. Foeman, Clerk of the City, appeal
an...granting injunctive relief is reversed. Because of the time constraints involved, we preclude
any motions for rehearing and deem this opinion final.


187-CITE: 494 So.2d 304 In the Interest of H., Infant Male, a child.
TEXT: SMITH, Judge. This is an appeal from a final judgment of permanent commitment of an infant
w...nd care of the maternal grandmother was not in foster care; thus no performance agreement was
required. REVERSED. SHIVERS and ZEHMER, JJ., concur.


188-CITE: 664 So.2d 1137 Roy MOORE, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,
Appellee.
TEXT: COBB, Judge. This case presents an issue concerning entry of multiple orders which purport
t...nd appropriate findings of fact made, followed by a new dispositional hearing and order.
REVERSED AND REMANDED. GRIFFIN and THOMPSON, JJ., concur.


189-CITE: 526 So.2d 688 THE FLORIDA BAR RE AMENDMENT TO RULE 2-9.3 (LEGISLATIVE POLICIES).
TEXT: PER CURIAM. The issue in this case is whether we should permit a proposed amendment to rule
...l s report, together with interest calculated at the legal rate of interest as of the date the
written objection was received by The Florida Bar.___


190-CITE: 483 So.2d 121 Florine ADAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant appeals from her sentencing following three separate convictions,
cont... guidelines. State v. Milton, 475 So.2d 670 (Fla.1985). Reversed and remanded for
resentencing. CAMPBELL, A.C.J., and LEHAN and HALL, JJ., concur.


191-CITE: 608 So.2d 568 In the Interest of C.M.P., a child.
TEXT: PER CURIAM. This cause is before us on appeal from a final order terminating parental
rights...g parental rights, and remand the case for entry of an order containing the necessary
findings of fact. BOOTH, WIGGINTON and BARFIELD, JJ., concur.


192-CITE: 475 So.2d 1038 Joanna YELVERTON a k a Joanna Scull, Appellant, v. The STATE of Florida,
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: COBB, Judge. In this case the mother of a child permanently committed for adoption appeals
t... custody of a dependent child as a condition precedent to termination of parental rights.
REVERSED and REMANDED. UPCHURCH, and SHARP, JJ., concur.


193-CITE: 563 So.2d 206 Carl HABERSTROH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from a conviction and a departure sentence of fifteen years
im...on of the amended statute. Accordingly, the judgment of conviction and sentence appealed from
are affirmed. DOWNEY, DELL and GUNTHER, JJ., concur.


194-CITE: 656 So.2d 926 In re CODE OF JUDICIAL CONDUCT.
TEXT: PER CURIAM. On our own motion we have promulgated an amendment to the commentary to Canon
3D...g this amendment to the commentary to Canon 3D. It is so ordered. GRIMES, C.J., and OVERTON,
SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.


195-CITE: 492 So.2d 1148 Luis BECEIRO-MESA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant was convicted by a jury of aggravated battery and carrying a
conce...y for *1149 parole, unless the defendant affirmatively elects to be sentenced under the
guidelines. Sentence vacated and remanded for resentencing.


196-CITE: 440 So.2d 647 In re the Interest of C.L.C., a Child. STATE of Florida, DEPARTMENT OF HEALTH
AND REHABILITATIVE SERVICES, Appellant, v. WITHLACOOCHEE AREA LEGAL SERVICES, INC., Appellee.
TEXT: SHARP, Judge. The Department of Health and Rehabilitative Services (HRS) appeals from a
tria....; Section 43.28, Fla.Stat. (1981). Accordingly, the order awarding attorney s fees is
REVERSED. DAUKSCH, J., and SCOTT, Associate Judge, concur.


197-CITE: 456 So.2d 1265 Thomas Wayne HOUSER, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of judgments of conviction and sentences for the
of...y follows an enhancement of the penalty when less severe damage results, does not alter the
primary focus of the statute--driving while intoxicated.


198-CITE: 430 So.2d 572 Henry BURNSTEIN, Appellant, v. 5838 CONDOMINIUM, INC., Appellee.
TEXT: PER CURIAM. Where a condominium association obtained a preliminary injunction against a
tena.... 3d DCA 1959), cert. denied, 117 So.2d 496 (Fla.1959). The remaining points in this appeal
are without merit. Affirmed in part; reversed in part.


199-CITE: 581 So.2d 202 Jeffrey Deane FLEMING, Appellant, v. Rachelle Elaine BROWN, Appellee.
TEXT: PETERSON, Judge. Jeffrey Deane Fleming appeals the denial of his petition for relief from a
...ally recognizes that relief may be obtained from a void judgment or decree. Order VACATED.
DAUKSCH, J., and FOWLER, R.J., Associate Judge, concur.


200-CITE: 613 So.2d 900 In re PETITION FOR APPROVAL OF FORMS PURSUANT TO RULE 10-1.1(b) OF THE RULES
REGULATING THE FLORIDA BAR--STEPPARENT ADOPTION FORMS.
TEXT: PER CURIAM. The Board of Governors of The Florida Bar petitions us for approval of forms
und..._________________ Circuit Judge This form was completed with the assistance
of: Name: Address: Telephone Number:


201-CITE: 535 So.2d 319 FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION, Appellant Cross-Appellee, v.
Thomas A. BAGGETT and Board of Pilot Commissioners, Appellee Cross-Appellant.
TEXT: BARFIELD, Judge. The Department of Professional Regulation appeals a final order of the
Boar...recommended order. Tuveson v. Florida Governor s Council On Indian Affairs, 495 So.2d 790
(Fla. 1st DCA 1986). SMITH, C.J., and ZEHMER, J., concur.


202-CITE: 502 So.2d 997 Dorothy Mae TINSLEY, Appellant, v. Lowell Andrew TINSLEY, Appellee.
TEXT: DANAHY, Chief Judge. The twenty-seven-year marriage of Dorothy (wife) and Lowell (husband)
T... substantial change in the wife s circumstances. The order of modification is reversed. HALL,
J., and GRIMES, STEPHEN H., Associate Judge, concur.


203-CITE: 432 So.2d 79 CITY OF HOLLYWOOD, a municipal corporation, Appellant, v. PUBLIC EMPLOYEES
RELATIONS COMMISSION and Hollywood Fire-fighters, Local 1375, AFL-CIO, Appellees.
TEXT: ON MOTION TO DISMISS DOWNEY, Judge. On July 29, 1982, the Public Employees Relations
Commis...imely and we are without jurisdiction. The motion to dismiss is therefore granted and this
appeal is dismissed. GLICKSTEIN and WALDEN, JJ., concur.


204-CITE: 593 So.2d 536 In the Interest of S.H.P., III, a child.
TEXT: PER CURIAM. The mother of a child who was declared dependent and temporarily placed in the
c... further indicates that long-term placement with an adult relative is an option, it also
highlights the procedural deficiencies in the present case.


205-CITE: 442 So.2d 330 David GOLSTEIN, Appellant, v. Susan GOLSTEIN, Appellee.
TEXT: LETTS, Judge. A stepfather petitioned for custody of his stepson, but the trial court found
...331 We therefore reverse the order of the trial judge and remand for further proceedings.
REVERSED AND REMANDED. BERANEK and HERSEY, JJ., concur.


206-CITE: 478 So.2d 514 William Allen YORK, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Appellant raises three issues in this appeal. We find merit only in his
content...e trial court must sentence appellant according to the laws in effect prior to adoption of
the guidelines. SCHEB, A.C.J., and CAMPBELL, J., concur.


207-CITE: 480 So.2d 708 In the Interest of A.F. and T.F., Children, Thomas FELDMAN and Karen Feldman,
Appellants, v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order severing parental rights and permanently
com...rulings in this regard. The order is reversed and this cause remanded to the trial court.
REVERSED and REMANDED. UPCHURCH and SHARP, JJ., concur.


208-CITE: 732 So.2d 1147 Berton SCHNEIDER, Trustee, Petitioner, v. Jonathan SCHNEIDER and Leigh
Schneider, Respondents.
TEXT: FARMER, J. Petitioner is the trustee of two trusts. He has been sued by the beneficiaries
fo...eed on his own behalf and without counsel petitioner has a fully adequate remedy by final
appeal. PETITION DISMISSED. DELL and POLEN, JJ., concur.


209-CITE: 608 So.2d 855 Aurelio MARTINEZ and Paula Martinez, his wife, Appellants, v. LIFEMARK HOSPITAL
OF FLORIDA, INC., d b a Palmetto General Hospital, Appellee.
TEXT: LEVY, Judge. Plaintiffs appeal the dismissal of their complaint, with prejudice, under the
t...m. Therefore, this entire case should be handled under the medical malpractice statute. See
Section 95.11(4)(b), Florida Statutes (1991). Affirmed.


210-CITE: 681 So.2d 1132 AMENDMENT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.020(a) AND ADOPTION OF
FLORIDA RULE OF APPELLATE PROCEDURE 9.190.
TEXT: PER CURIAM. The Appellate Rules Committee of The Florida Bar has filed a petition to adopt
o...vision (d) was adopted to conform to the 1996 revisions to the Administrative Procedure Act.
Recoupment of costs is still governed by rule 9.400.___


211-CITE: 460 So.2d 464 George A. BRESCHER, as Sheriff of Broward County, Appellant, v. ASSOCIATES
FINANCIAL SERVICES COMPANY, INC., Appellee.
TEXT: HURLEY, Judge. This appeal presents the question whether a secured party, upon default by a
...n from a sheriff who has taken possession thereof under execution. Consequently, the judgment on
appeal is AFFIRMED. DOWNEY and DELL, JJ., concur.


212-CITE: 706 So.2d 352 McKESSON DRUG CO. and Gallagher Bassett Services, Inc., Appellants, v. Sidney
WILLIAMS, Appellee.
TEXT: KAHN, Judge. One of the many results of the extensive changes to Florida s Workers
Compensat...CC s finding that claimant established his secondary psychiatric illness by clear and
convincing evidence. AFFIRMED. ERVIN and DAVIS, JJ., concur.


213-CITE: 602 So.2d 1362 B & H TRAVEL CORPORATION, a Florida Corporation, d b a LaPlaya Apartments, et
al., Appellants, v. STATE of Florida, DEPARTMENT OF COMMUNITY AFFAIRS and Town of Redington Beach,
Appellees.
TEXT: ALLEN, Judge. B & H Travel Corporation, Leo Young, Trudy Nakamoto, Ellen Blauth and Gladys
R...artment of Health & Rehab. Servs., 553 So.2d 1351, 1354 (Fla. 1st DCA 1989), and cases
referenced therein. AFFIRMED. ERVIN and SMITH, JJ., concur.


214-CITE: 511 So.2d 435 In the Interest of T.S., a Child.
TEXT: THREADGILL, Judge. Appellants, the parents of T.S., a sixteen year-old child, appeal the
tri...e, but affirm the order in all other respects. Reversed in part, affirmed in part.
SCHOONOVER, A.C.J., and BOARDMAN, EDWARD F., (Ret.) J., concur.


215-CITE: 498 So.2d 946 In the Interest of B.W., J.W., and M.W., Minor Children. William H. WIRSING,
Petitioner, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Respondent.
TEXT: SHAW, Justice. We have for review In the Interest of B.W., 479 So.2d 740 (Fla. 5th DCA
1985)...committing these children for adoption are quashed. It is so ordered. McDONALD, C.J., and
ADKINS, BOYD, OVERTON, EHRLICH and BARKETT, JJ., concur.


216-CITE: 728 So.2d 1178 David FLEEMAN, Petitioner, v. CITY OF ST. AUGUSTINE BEACH, Florida, Respondent.

TEXT: W. SHARP, Judge. Fleeman petitions this court for certiorari review of the circuit court s
d...gment action. See Debes v. City of Key West, 690 So.2d 700 (Fla. 3d DCA 1997). Motion for
Certification GRANTED. PETERSON and ANTOON, JJ., concur.


217-CITE: 745 So.2d 437 DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. Edward BENWAY, Appellee.
TEXT: GOSHORN, J. The Department of Children and Families (DCF) appeals the order requiring it to
...ir grandparents and reversed a placement order with directions that no out-of-state placement
occur except in compliance with the terms of the ICPC.


218-CITE: 445 So.2d 630 Phillip M. DAVIS, Appellant, v. INSURANCE COMMISSIONER AND TREASURER, Appellee.

TEXT: WIGGINTON, Judge. Davis appeals from the order of the Department of Insurance that adopts
th...e of the police power of the state . . . . McCrea v. Cunningham, 202 Neb. 638, 277 N.W.2d 52,
58 (1979). AFFIRMED. SMITH and NIMMONS, JJ., concur.


219-CITE: 579 So.2d 895 John L. TAYLOR and Nancy Taylor, his wife, Winclare Management Services, Inc.,
and Michael Wheatley, Appellants, v. THE RIDGE AT THE BLUFFS HOMEOWNER S ASSOCIATION, INC., a
Florida not-for-profit corporation, Appellee.
TEXT: PER CURIAM. Appellants-homeowners appeal the trial court s determination that section
163.04...together, the statutes reflect an intent to regulate political entities, not homeowners
associations. GLICKSTEIN, GUNTHER and GARRETT, JJ., concur.


220-CITE: 524 So.2d 1037 In the Matter of the ADOPTION OF John DOE, Infant Baby Boy. Richard ROE and
Mary Roe, Appellants, v. Bob DOE and Jane Doe, Appellees.
TEXT: SHARP, Chief Judge. The Roes, natural parents of the infant, John Doe, appeal from a
judgmen...case en banc. This is a case of exceptional ------------ (FN19) Fla.R.App.P.
9.030(a)(2)(B)(i). *1045 importance and warrants exceptional treatment.


221-CITE: 564 So.2d 243 DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, etc., Appellant, v. Melvin
BLUE, Appellee.
TEXT: PETERSON, Judge. The issue in this case is whether the Florida Department of Health and
Reha...luding consideration of the defense motions other than the right of representation by H.R.S.
REVERSED and REMANDED. COBB and GRIFFIN, JJ., concur.


222-CITE: 476 So.2d 1275 Mary K. BURK, Petitioner, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,
Respondent.
TEXT: McDONALD, Justice. We have for review In re C.B., 453 So.2d 220 (Fla. 5th DCA 1984), which
c... has no choice but to enter into a performance agreement. I would approve the decision of the
district court. BOYD, C.J., and EHRLICH, J., concur.


223-CITE: 627 So.2d 1321 Linda BASS, Appellant, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL
JUSTICE STANDARDS AND TRAINING COMMISSION, Appellee.
TEXT: PER CURIAM. The hearing officer erred in not permitting the appellant s expert witness to
te...he scientific method and be supported by appropriate validation. After Daubert the Florida
supreme court restated its adherence to the Fry standard.


224-CITE: 443 So.2d 360 Steven DRURY, et al., Petitioners, v. The Honorable Major B. HARDING, Circuit
Court Judge, Division B, Fourth Judicial Circuit, Duval County, Florida, Respondent.
TEXT: PER CURIAM. The defendants in this prosecution for driving while under the influence of
alco...ding of no departure from the essential requirements of law, the order to show cause is
discharged. BOOTH, LARRY G. SMITH and SHIVERS, JJ., concur.


225-CITE: 473 So.2d 815 Judge Elwood FAVORS, Appellant, v. STATE of Florida, Appellee.
TEXT: OTT, Acting Chief Judge. We remand for resentencing because appellant did not affirmatively
...udge should resentence him according to procedures in effect prior to the adoption of the
sentencing guidelines. SCHOONOVER and LEHAN, JJ., concur.


226-CITE: 617 So.2d 1067 Nelson RIVERA-BERRIOS, Appellant, v. The ADOPTION CENTRE, INC., Appellee.
TEXT: PER CURIAM. AFFIRMED. GRIFFIN and DIAMANTIS, JJ., concur. HARRIS, J., dissents with
opinio... to contest the termination of his or her parental rights. The father was not afforded that
opportunity in this case, and I would therefore reverse.


227-CITE: 434 So.2d 9 Glenda JENKINS, Appellant, v. In the Interest of: C.A.J., V.I.J., C.M.J., and
M.C.J., Appellees.
TEXT: JOANOS, Judge. Jenkins appeals a final order permanently committing her four minor children
...need to further discuss the point. Accordingly, the trial court s permanent commitment order is
AFFIRMED. LARRY G. SMITH and NIMMONS, JJ., concur.


228-CITE: 515 So.2d 319 Celeste FITZPATRICK, Appellant, v. The STATE of Florida, DEPARTMENT OF HEALTH
AND REHABILITATIVE SERVICES, Appellee.
TEXT: PER CURIAM. Celeste Fitzpatrick, the mother of E.G., appeals from a final order of the
juven... a final judgment with appropriate factual findings regarding whether there exists abuse,
abandonment, or neglect of E.G. by Fitzpatrick. Remanded.


229-CITE: 718 So.2d 951 A.P., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. A.P., a child, appeals his order of disposition, entered after he was
charg...1998); J.B. v. State, 715 So.2d 1144, 23 Fla.L.Weekly D1956 (Fla. 5th DCA Aug. 21, 1998).
VACATED and REMANDED. GOSHORN and PETERSON, JJ., concur.


230-CITE: 496 So.2d 970 Paul WALLACE, Appellant, v. David LEAHY, Supervisor of Dade County Board of
Elections, Appellee.
TEXT: PER CURIAM. Petitioner, Paul Wallce, commenced this action in the trial court by mandamus,
c...n by the legislative body before final passage. Nash v. Vaughn, 133 Fla. 499, 182 So. 827
(1938). (FN3) No motion for rehearing will be entertained.


231-CITE: 498 So.2d 604 In the Interest of: J.J.C., a k a J.J.W., a child.
TEXT: DANAHY, Chief Judge. The mother of J.J.C. attacks, and the Department of Health and
Rehabili...to the provisions of section 409.168(4) and terminate all visitation with the mother
pending a final hearing on a permanent commitment of the child.


232-CITE: 679 So.2d 307 Gussie ANDERSON and Earleen James, Appellants, v. SUN TRUST BANK NORTH, etc.,
Appellee.
TEXT: DAUKSCH, Judge. Appellants, Gussie Anderson and Earleen James, appeal an award of
guardiansh...r for the work necessary to comply with this opinion, should appellee again seek to
receive the fees. REVERSED. GRIFFIN and THOMPSON, JJ., concur.


233-CITE: 617 So.2d 1061 B.J.Y., Petitioner Appellant, v. M.A., Respondent Appellee.
TEXT: OVERTON, Justice. This is an appeal from the decision in B.J.Y. v. M.A., 594 So.2d 816
(Fla....nd fundamentally different remedy upon the cause of action because a paternity proceeding
had been consistently recognized as being civil in nature.


234-CITE: 503 So.2d 1314 MIAMI-DADE WATER & SEWER AUTHORITY, Appellant, v. METROPOLITAN DADE COUNTY,
Appellee.
TEXT: PER CURIAM. Subsequent to the adoption of the Dade County Home Rule Charter, the voters
were... of Miami v. Rodriguez-Quesada, etc., 388 So.2d 258 (Fla. 3d DCA 1980). Therefore, the final
judgment be and the same is hereby affirmed. Affirmed.


235-CITE: 604 So.2d 11 DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, etc., Petitioners, v. In the
Interest of A.N., et al., Respondents.
TEXT: PER CURIAM. The trial court in the instant case, after considering the parents and
guardians...., 287 So.2d 376 (Fla. 2d DCA 1973), cert. denied, 296 So.2d 51 (Fla.1974). *12 The
writ of certiorari is discharged and the application dismissed.


236-CITE: 466 So.2d 387 In the Interest of T.W.S., a child, Appellant, v. DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, Appellee.
TEXT: WIGGINTON, Judge. This is an appeal from the trial court s order terminating foster care
and... care or perpetual reaffirmation of dependency, but permanent commitment for adoption.
REVERSED and REMANDED. WENTWORTH and THOMPSON, JJ., concur.


237-CITE: 476 So.2d 258 HUMHOSCO, INC., d b a Humana Hospital Mandarin, Appellant, v. DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: ZEHMER, Judge. Appellant challenges the facial validity of rules 10-17.001 and 10-17.005,
Fl...g officer that any deficiencies in the economic impact statement are insufficient to render it
invalid. AFFIRMED. SMITH and BARFIELD, JJ., concur.


238-CITE: 638 So.2d 920 In re FLORIDA EVIDENCE CODE.
TEXT: PER CURIAM. This Court has jurisdiction to adopt rules of practice and procedure under
artic...ar requested, because we have already adopted the amendments to chapter 85-53 in In re
Amendment of Florida Evidence Code, 497 So.2d 239 (Fla.1986).


239-CITE: 497 So.2d 1199 STATE of Florida, Petitioner, v. Mario DELGADO-SANTOS, Respondent.
TEXT: OVERTON, Justice. This is a petition to review Delgado-Santos v. State, 471 So.2d 74 (Fla.
3...pinion as our own. In so doing we disapprove Robinson. It is so ordered. McDONALD, C.J., and
ADKINS, BOYD, EHRLICH, SHAW and BARKETT, JJ., concur.


240-CITE: 443 So.2d 249 J.E.W., Appellant Plaintiff, v. ESTATE OF John DOE, Appellee Defendant.
TEXT: SHIVERS, Judge. Action was brought pursuant to Florida Statutes Chapters 742, 732 and 86
aga... the appropriate vehicle to being such an action. See Kendrick v. Everheart, 390 So.2d 53, 59
(Fla.1980). AFFIRMED. MILLS and ZEHMER, JJ., concur.


241-CITE: 467 So.2d 366 Robert William CAHILL, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Judge. The appellant, Robert William Cahill, appeals from the judgment and
sente...n of the guidelines. We affirm the judgment in all other respects. Reversed and remanded
for resentencing. GRIMES, A.C.J., and DANAHY, J., concur.


242-CITE: 652 So.2d 869 Nancy Grace RUSHING, Terri Ruth Carter, and Robert Stanley Stone as Next Friend
of Tiffany Dawn Moore, a Minor, Appellants, v. Richard E. BOSSE, Charles, R. Chilton, and Sharit,
Bunn, Chilton & Holden, P.A., Appellees.
TEXT: PARIENTE, Judge. This appeal involves the propriety of dismissing appellants amended
complai...istress. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED FOR FURTHER PROCEEDINGS
CONSISTENT WITH THIS OPINION. WARNER and STEVENSON, JJ., concur.


243-CITE: 431 So.2d 748 ASSOCIATION OF CONDOMINIUMS INC., Petitioner, v. DEPARTMENT OF REVENUE, State of
Florida, Respondent.
TEXT: SHARP, Judge. The Association of Condominiums, Inc., an association of condominium
associati...s that [f]ailure to proceed under this section shall not constitute failure to exhaust
administrative remedies. Section 120.56(5), Fla.Stat. (1981).


244-CITE: 497 So.2d 705 Robert ENSLEIN, Appellant, v. Sandor GERE and Ibola Gere, Appellees.
TEXT: GLICKSTEIN, Judge. This is an appeal from the trial court s denial of appellant s motion
for...y enforce the order in his name. History--Section 1, ch. 22676, 1945; Section 16, ch. 67-254;
Section 17, ch. 71-241. Note--Former Section 65.17.


245-CITE: 734 So.2d 431 The STATE of Florida, Appellant, v. Boris MASIP, Appellee.
TEXT: PER CURIAM. The State of Florida appeals an order granting Boris Masip s petition for writ
o...eversed and the cause is remanded to the trial court with directions to deny Masip s petition
for writ of error coram nobis. Reversed and remanded.


246-CITE: 431 So.2d 260 SARASOTA CATTLE CO. and Charles E. Early, Appellants, v. John W. MIKOS, as Tax
Assessor and Property Appraiser of Sarasota County, Florida, et al., Appellees.
TEXT: SCHEB, Judge. Appellants Sarasota Cattle Company and Charles E. Early challenge the trial
co...reverse the trial court s order dismissing appellant s action and remand with directions to
reinstate the cause. OTT, C.J., and GRIMES, J., concur.


247-CITE: 529 So.2d 1105 THE FLORIDA BAR, Complainant, v. Robert W. HEATON, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before the Court on the complaint of The
Florida...1,363.25, for which sum let execution issue. IT IS SO ORDERED. EHRLICH, C.J., and
OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.


248-CITE: 742 So.2d 259 CONSUMER CREDIT COUNSELING SERVICE OF THE FLORIDA GULF COAST, INC., Appellant,
v. STATE of Florida, DEPARTMENT OF REVENUE, Appellee.
TEXT: THREADGILL, Acting Chief Judge. In this administrative appeal, Consumer Credit Counseling
Se...it surely should provide an exemption for these consumer credit counseling services. See
Section 212.08(7)(d), Fla.Stat. (1995). BLUE, J., concurs.


249-CITE: 495 So.2d 133 In The Interest of R.W., C.A.W., M.I.W., C.P., M.E.P. and A.P. DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES, Appellant, v. Mary POLLOCK, n k a Mary Hayes, Appellee.
TEXT: OVERTON, Justice. This appeal from In the Interest of R.W., 481 So.2d 548 (Fla. 5th DCA
1986...we affirm the opinion of the district court of appeal. It is so ordered. McDONALD, C.J.,
and ADKINS, BOYD, EHRLICH, SHAW and BARKETT, JJ., concur.


250-CITE: 745 So.2d 1144 S. B., Appellant, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellee.
TEXT: FLETCHER, Judge. S.B. (the mother) appeals an order terminating her parental rights to her
m....Ct. 719, 133 L.Ed.2d 672 (1996); Kingsley v. Kingsley, 623 So.2d 780, 786-87 (Fla. 5th DCA
1993), rev. denied, 634 So.2d 625 (Fla.1994). Affirmed.


251-CITE: 516 So.2d 41 Leonel YZQUIERDO, Appellant, v. Leon F. SACHS and Metropolitan Dade County,
Appellees.
TEXT: PER CURIAM. We affirm the final judgment entered by the trial court denying Yzquierdo s
peti...out authority to grant taxicab permits on December 15, 1981. The county was within its power
in refusing to honor the Sweetwater permits. Affirmed.


252-CITE: 691 So.2d 4 CURRY INDUSTRIES and FTBA-Fund, Appellants, v. Richard MARINGER, Appellee.
TEXT: PER CURIAM. The judge of compensation claims (JCC) erred in including in claimant s average
...ion reflects that a claim was made on May 9, 1995. REVERSED and REMANDED for further
proceedings. BARFIELD, C.J., and ERVIN and KAHN, JJ., concur.


253-CITE: 444 So.2d 547 The Interest of K.H. and M.C. a k a M.H., Dependent Children.
TEXT: JOANOS, Judge. Appellant, the natural mother of K.H. and M.C. a k a M.H., appeals a final
or... specific purposes in question. Cf., Pape v. Pape, 444 So.2d 1058 (Fla. 1st DCA, 1984); In the
Interest of A.B., 444 So.2d 981 (Fla. 1st DCA, 1983).


254-CITE: 467 So.2d 826 Gloria Jean AVALLONE, Appellant Cross-appellee, v. BOARD OF COUNTY COMMISSIONERS
OF CITRUS COUNTY, et al., Appellees Cross-appellants.
TEXT: ON MOTION FOR CLARIFICATION OR REHEARING ORFINGER, Judge. We withdraw the opinion
originall...enlarge the damage cap found in section 768.28(5). The final judgment for defendants is
AFFIRMED. COBB, C.J., and UPCHURCH, FRANK D., J., concur.


255-CITE: 614 So.2d 561 In the Interest of T.M. and F.M., III. F.M., Jr., Appellant, v. DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: ORDER ON APPELLEE S MOTION TO DISMISS PER CURIAM. On September 21, 1992, the circuit court
...Mason Equipment Corp., 407 So.2d 392 (Fla. 3d DCA 1981); Fla.R.App.P. 9.110(m). MOTION DENIED.
JOANOS, C.J., and ZEHMER and BARFIELD, JJ., concur.


256-CITE: 485 So.2d 1379 Louis PACHECO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The only substantial question presented on this appeal (FN1) challenges the
appl...reme Court of Florida. I therefore concur in the decision to affirm. ------------ (FN1) The
other issues present no error and require no discussion.


257-CITE: 644 So.2d 1389 STATE of Florida, Appellant, v. Cassaundra C. RASMUSSEN, Appellee.
TEXT: PER CURIAM. On May 11, 1993, appellee was issued a traffic citation for driving under the
in...ntinue to enforce the rules promulgated by HRS. REVERSED and REMANDED for further consistent
proceedings. MINER, LAWRENCE and BENTON, JJ., concur.


258-CITE: 705 So.2d 919 James HINKLE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was convicted of first-degree murder, attempted first-degree murder
an... 538 So.2d 854 (Fla.1989.); Wahl, 543 So.2d at 300-301. Reversed and remanded with directions.
FRANK, A.C.J., and BLUE and NORTHCUTT, JJ., concur.


259-CITE: 462 So.2d 1147 Lynn YEM, Appellant, v. STATE of Florida, DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, Appellee.
TEXT: PER CURIAM. The natural mother appeals a final judgment adjudicating her child dependent
and...ect or abandonment, she states that it may be preferable to order the permanent commitment of
[the child] and to sever [the mother s] parental ties.


260-CITE: 561 So.2d 356 In the Interest of J.A., a child.
TEXT: PER CURIAM. The guardian ad litem for J.A., and the Department of Health and Rehabilitative
...ild s best interest, HRS motion should have been granted. We reverse the order under review and
remand for further proceedings consistent herewith.


261-CITE: 638 So.2d 1057 Elizabeth A. TREMBLAY, Appellant, v. Randall M. TREMBLAY, Appellee.
TEXT: KLEIN, Judge. Elizabeth Tremblay appeals a final judgment of dissolution of marriage. We
aff...stopher can move to Massachusetts for reconsideration under Mize. We affirm the judgment in
all other respects. ANSTEAD and STEVENSON, JJ., concur.


262-CITE: 452 So.2d 1095 STATE of Florida, Appellant, v. Larry Wayne CAMPBELL, Appellee.
TEXT: LEHAN, Judge. This case involves the novel question of whether the placing of a case on an
a...ry administrative or clerical act of a court. REVERSED AND REMANDED FOR PROCEEDINGS CONSISTENT
HEREWITH. BOARDMAN, A.C.J., and DANAHY, J., concur.


263-CITE: 638 So.2d 124 Patricia Ann MUDD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Patricia Ann Mudd, appeals her conviction of manslaughter for
the...on is reversed and the cause is remanded for a new trial. REVERSED and REMANDED. BARFIELD
and BENTON, JJ., and JORGENSON, Associate Judge, concur.


264-CITE: 461 So.2d 104 Steven DRURY, et al., Petitioners, v. The Honorable Major B. HARDING, Circuit
Court Judge, Division B, Fourth Judicial Circuit, Duval County, Florida, Respondent.
TEXT: McDONALD, Justice. In Drury v. Harding, 443 So.2d 360, 362 (Fla. 1st DCA 1983), the
district...e for admissibility showing compliance with the rules. It is so ordered. BOYD, C.J.,
and ADKINS, OVERTON, ALDERMAN, EHRLICH and SHAW, JJ., concur.


265-CITE: 576 So.2d 705 The FLORIDA BAR RE Ronald E. KAY.
TEXT: PER CURIAM. Ronald E. Kay petitions for readmission to active membership in The Florida Bar
...h this Court and appointed a referee to make recommendations. Henceforth, all applications for
readmission shall be filed pursuant to rule 3-7.9(a).


266-CITE: 469 So.2d 1381 STATE of Florida, Petitioner, v. GENERAL DEVELOPMENT CORPORATION, Respondent.
TEXT: McDONALD, Justice. This case is before us to review State v. General Development Corp., 448
...acity pursuant to the provisions of section 403.412, Florida Statutes (1981), or a proceeding to
establish criminal liability under section 403.161.


267-CITE: 501 So.2d 75 William WORTHINGTON, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Judge. Worthington appeals his convictions and sentences for first degree murder,
arm...11. (FN4) Fla.R.Crim.P. 3.701.c., Committee Note, 1983 Adoption (c); Davis v. State, 493 So.2d
82 (Fla. 1st DCA 1986). (FN5) Fla.R.Crim.P. 3.701.d.1


268-CITE: 433 So.2d 1306 BOOKER CREEK PRESERVATION, INC., Appellant, v. PINELLAS PLANNING COUNCIL,
Appellee.
TEXT: LEHAN, Judge. Booker Creek Preservation, Inc., a Florida non-profit corporation, appeals
fro...of agency rules) or section 120.55 (publication of rules in the Florida Administrative Code).
AFFIRMED. RYDER, A.C.J., and SCHOONOVER, J., concur.


269-CITE: 569 So.2d 903 James W. CARR, Appellant, v. Marian J. CARR, a k a Jeannie Carr, Appellee.
TEXT: ON MOTION FOR REHEARING LETTS, Judge. The motion for rehearing is granted. The opinion of
A.... Upon remand, the trial court may also reconsider all issues. REVERSED AND REMANDED. HERSEY,
C.J., concurs in result only. GUNTHER, J., concurs.


270-CITE: 453 So.2d 408 In the Interest of N.L.K. and J.L.K. Mary and William KARNES, Appellants, v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: PER CURIAM. AFFIRMED. DAUKSCH and COBB, JJ., concur. SHARP, J., dissents with