Drunk Driving
Results 1-3059
1-CITE: 546 So.2d 798 STATE of Florida, Appellant, v. Elishua Joshua WRIGHT, Appellee.
TEXT: NIMMONS, Judge. The state appeals from an order dismissing three of the four counts
charging... 1988); Douglas v. State, 349 So.2d 694 (Fla. 1st DCA 1977). Accordingly, the order of
dismissal is REVERSED. THOMPSON and WIGGINTON, JJ., concur.
2-CITE: 501 So.2d 72 Steven Douglas BEWICK, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. Bewick appeals his felony conviction on two counts of driving while
intoxic...and what it means. The trial court read the statute correctly and properly denied the
motion to dismiss. AFFIRMED. DAUKSCH and COBB, JJ., concur.
3-CITE: 683 So.2d 565 Michael RUFFIN, Appellant, v. The STATE of Florida, Appellee.
TEXT: GREEN, Judge. On this appeal, Michael Ruffin makes two challenges to his conviction and
sent...s in support of aggravation and mitigation of any proposed sentence. Neither side was
permitted to cross-examine any persons making such statements.
4-CITE: 555 So.2d 391 The STATE of Florida, Appellant, v. Jessie Lee MILLER, Appellee.
TEXT: NESBITT, Judge. The state appeals an order granting a motion to suppress results of a blood
...ida. We thus answer the certified question in the affirmative and reverse and remand the case
for further proceedings consistent with this opinion.
5-CITE: 682 So.2d 218 Robert Gordon HOSFORD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robert Gordon Hosford appeals, arguing that two of his three DUI convictions
vio...es and driving with a suspended, revoked or cancelled license. REVERSED and REMANDED with
instructions. DAUKSCH, GOSHORN and GRIFFIN, JJ., concur.
6-CITE: 579 So.2d 771 BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., Appellant, v. Norbert L. MING,
Appellee.
TEXT: PER CURIAM. Appellant, Blue Cross and Blue Shield of Florida, Inc., issued a health and
acci... Raymond v. Halifax Hospital Medical Center, 466 So.2d 253 (Fla. 5th DCA 1985). REVERSED AND
REMANDED. COWART, GRIFFIN and DIAMANTIS, JJ., concur.
7-CITE: 756 So.2d 1035 John KNIGHT, Appellant, v. STATE of Florida, Appellee.
TEXT: SHAHOOD, J. Appellant was found guilty by a jury of DUI manslaughter leaving the scene of
an... s conviction must be reversed. See State v. DiGuilio, 491 So.2d 1129, 1139 (Fla.1986).
REVERSED AND REMANDED WARNER, C.J., and GROSS, J., concur.
8-CITE: 477 So.2d 1030 STATE of Florida, Petitioner, v. Brian Goodman McGARRY, Respondent.
TEXT: LEHAN, Judge. The state has filed a petition for a writ of certiorari from the order of the
...county court s factual determination that valid consent existed. The order of the circuit court
is vacated. GRIMES, A.C.J., and FRANK, J., concur.
9-CITE: 610 So.2d 480 GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant, v. Magaly DECHEONA and Jamie
Samuels, Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiff Government Employees Insurance Company
[GEICO...considered the defendant Decheona s contrary argument on this point, as well as other
points, but are not persuaded thereby. Reversed and remanded.
10-CITE: 448 So.2d 1196 James D. ZINK, Petitioner, v. STATE of Florida, Respondent.
TEXT: WIGGINTON, Judge. By petition for writ of certiorari, Zink seeks review of the circuit
court...l pedestrian and all other traffic upon the streets and highways and elsewhere throughout
the state where the public might have the right to travel.
11-CITE: 534 So.2d 1213 Alfred Vernon KOHLER, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a conviction and sentence for felony driving while
un...riving record proved the requisite prior DUI convictions and the conviction and sentence are
affirmed. AFFIRMED. ORFINGER and DANIEL, JJ., concur.
12-CITE: 540 So.2d 193 Felix PULASKI, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Felix Pulaski appeals the denial of his motion to correct sentence. We affirm.
...victions. Both result in a second conviction for the same offense, justifying a longer
suspension. Affirmed. SCHEB, A.C.J., and RYDER, J., concur.
13-CITE: 723 So.2d 842 STATE of Florida, Appellant, v. Jesse FURR, Appellee.
TEXT: KAHN, J. The State brings this appeal from an order of the circuit court suppressing
appelle...or a felony or a breach of the peace. See Edwards. We REVERSE the order on appeal and
REMAND for further proceedings. ERVIN and MINER, JJ., concur.
14-CITE: 740 So.2d 554 STATE of Florida, Appellant, v. Gregory Alan MORRIS, Appellee.
TEXT: LAWRENCE, Judge. The State appeals the dismissal of an amended information charging Gregory
...ADOVANO, JJ., concur. ------------ (FN1) The trial court properly dismissed another count. We
affirm the dismissal of that count without discussion.
15-CITE: 705 So.2d 634 STATE of Florida, Appellant, v. Gregory Alan MORRIS, Appellee.
TEXT: LAWRENCE, Judge. The State appeals the dismissal of an amended information charging Gregory
...ADOVANO, JJ., concur. ------------ (FN1) The trial court properly dismissed another count. We
affirm the dismissal of that count without discussion.
16-CITE: 665 So.2d 1066 Laurentino Bravo SALAZAR, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, Judge. While driving under the influence of alcohol and with a suspended driver
s...s such, I would affirm. At the very least, we should certify the question to the supreme court
as Judge Harris suggests in his dissent to Melbourne.
17-CITE: 737 So.2d 1120 Pedro J. SENTENO, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. The appellant, Pedro J. Senteno, challenges his judgments and sentences
f... affirmed. *1121 Affirmed in part, reversed in part, and sistant Attorney General, West Palm
remanded. CAMPBELL, A.C.J., and STRINGER, J., Concur.
18-CITE: 586 So.2d 1229 Hank H. BERRY, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. Appellant was charged with aggravated battery. The victim of the battery
test...d. See Gardner v. State, 480 So.2d 91 (Fla.1985). REVERSED WITH DIRECTIONS. GLICKSTEIN,
C.J., and STREITFELD, JEFFREY E., Associate Judge, concur.
19-CITE: 567 So.2d 950 STATE of Florida, Appellant, v. Mark Edward NEUMANN, Appellee.
TEXT: GARRETT, Judge. The State appeals the trial judge s granting of appellee s motion to
suppres...cert. denied, -- U.S. --, 109 S.Ct. 1577, 103 L.Ed.2d 942 (1989). Thus, adhering to well
established principles of appellate review, I would affirm.
20-CITE: 631 So.2d 1094 Timothy BOUTWELL, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We review Boutwell v. State, 625 So.2d 1215 (Fla. 4th DCA 1993), because of
conf...rate offenses are committed against each of the persons who suffer serious bodily injuries as
a result thereof. I would approve the decision below.
21-CITE: 455 So.2d 655 STATE of Florida, Petitioner, v. Gregory P. FORRER, Respondent.
TEXT: ON PETITION FOR WRIT OF CERTIORARI FRANK D. UPCHURCH, Jr., Judge. The State of Florida
seek...e used at trial. We therefore GRANT the petition for writ of certiorari and QUASH the order
of the circuit court. DAUKSCH and COWART, JJ., concur.
22-CITE: 747 So.2d 1007 The STATE of Florida, Appellant, v. Otis GREEN, Appellee.
TEXT: PER CURIAM. The state appeals an order granting the defendant s motion to dismiss and
reduci...h a suspended license and remand with directions to reinstate the charge of unlawful
driving as a habitual traffic offender. REVERSED and REMANDED.
23-CITE: 493 So.2d 71 Terry Ray THOMPSON, Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. Terry Ray Thompson appeals the trial court s upward departure from the
sent...ependent reason for departure. *72 The sentence is REVERSED and REMANDED to the trial court
for resentencing. THOMPSON and WIGGINTON, JJ., concur.
24-CITE: 503 So.2d 1354 Benton Joseph THOMPSON, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Judge. The appellant, Benton Joseph Thompson, appeals from a judgment and
senten...e, 498 So.2d 943 (Fla.1986). We, accordingly, reverse and remand for a new trial. Reversed
and remanded. RYDER, A.C.J., and SANDERLIN, J., concur.
25-CITE: 728 So.2d 769 Sandra DUBUS and Dina Dubus Jackson, as Personal Representative of the Estate of
Gary Dubus, Deceased, Appellants, v. Dennis Ray PIETZ and Hill-Kelly Leasing, Inc., Appellees.
TEXT: LAWRENCE, J. We have for review an order granting Hill-Kelly Leasing, Incorporated
(Hill-Kel...ict on compensatory damages. We affirm the trial court s order insofar as it grants a
new trial on punitive damages. WOLF and WEBSTER, JJ., CONCUR.
26-CITE: 660 So.2d 1118 STATE of Florida, Appellant, v. Barbara GINN, Appellee.
TEXT: FARMER, Judge. We have before us an order from the county court of Broward County certified
...ining arguments. Her equal protection challenge is largely identical to the due process
arguments. REVERSED. GUNTHER, C.J., and STONE, J., concur.
27-CITE: 492 So.2d 1136 Carl William HALLMAN, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Carl Hallman seeks review by certiorari of a decision of the circuit court
sitti... the county court to vacate Hallman s second conviction for driving with a suspended
license. GRIMES, A.C.J., and SCHOONOVER and HALL, JJ., concur.
28-CITE: 598 So.2d 213 Phyllis Ricco BOZEMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Phyllis Ricco Bozeman appeals her convictions and sentences for possession of
co...g in accordance with the law in *214 effect at the time the appellant committed the offenses.
PARKER, A.C.J., and ALTENBERND and BLUE, JJ., concur.
29-CITE: 478 So.2d 825 Sherry WRIGHT, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a manslaughter conviction and a conviction for
leavin...REMANDED. FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur. ------------ (FN1) Miranda v.
Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
30-CITE: 673 So.2d 197 John Edward MAGEE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. John Magee appeals his judgments and sentences which were imposed by the trial
c...22.34, 775.082(4)(b), Fla.Stat. (1993). JUDGMENTS AFFIRMED; SENTENCES AFFIRMED as CORRECTED.
PETERSON, C.J., and W. SHARP and ANTOON, JJ., concur.
31-CITE: 656 So.2d 223 Keith DAVIDSON, Petitioner, v. Cynthia Z. MACKINNON, Circuit Court Judge, etc.,
Respondent.
TEXT: W. SHARP, Judge. After Davidson refused to submit to a breathalyzer test, an administrative
...rive. PETITION DENIED. GRIFFIN and THOMPSON, JJ., concur. ------------ (FN4) Senate Staff
Analysis and Economic Impact Statement on SB 5-A (1989).
32-CITE: 503 So.2d 356 Kelvin Everett ESTEEN, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. After defendant s motion to suppress evidence was denied, a jury trial
resu...rtify to the Supreme Court of Florida the same question certified in Yost. AFFIRMED AS
MODIFIED. QUESTION CERTIFIED. COBB and COWART, JJ., concur.
33-CITE: 718 So.2d 314 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Maxton Elroy
LEONARD, Respondent.
TEXT: W. SHARP, Judge. Petitioner, Department of Highway Safety & Motor Vehicles (the Department
...ri is granted and the trial court s order quashed. Petition for Writ of Certiorari GRANTED;
Order QUASHED. GRIFFIN, C.J., and PETERSON, J. concur.
34-CITE: 669 So.2d 1089 STATE of Florida, Appellant, v. Robert Glenn ROWELL, Appellee.
TEXT: PER CURIAM. The State of Florida appeals the trial court s decision to withhold
adjudication...adjudication of guilt, then Rowell would have to be given an opportunity to withdraw
the plea. See State v. Scott, 611 So.2d 596 (Fla. 2d DCA 1993).
35-CITE: 462 So.2d 581 Robert B. EDWARDS, Petitioner, v. STATE of Florida, Respondent.
TEXT: GLICKSTEIN, Judge. Petitioner seeks review by writ of certiorari of the circuit court s
affi....m. on July 22, 1983, when petitioner was behind the wheel, drunk, on a public highway.
DELL, J., concurs. WALDEN, J., concurs in conclusion only.
36-CITE: 708 So.2d 664 Thomas M. CHAMBERS, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. In Chambers v. State, 682 So.2d 615 (Fla. 4th DCA 1996), we reversed
defendan...own determination as to whether the violation has prejudiced the defendant. AFFIRMED.
WARNER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
37-CITE: 738 So.2d 1023 Angel COLON, Appellant, v. STATE of Florida, Appellee.
TEXT: ROTHSCHILD, RONALD J., Associate Judge. We affirm appellant s conviction for two counts of
d...lly de minimis. See Sanders v. State, 621 So.2d 723, 728 (Fla. 5th DCA 1993). Affirmed in part;
reversed in part. SHAHOOD and TAYLOR, JJ., concur.
38-CITE: 696 So.2d 849 Edwin JACOBS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Edwin Jacobs appeals his convictions and sentences for fleeing to elude,
reckles...LTENBERND, A.C.J., and LAZZARA and QUINCE, JJ., concur. ------------ (FN1) Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
39-CITE: 510 So.2d 1147 Jackie E. JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: TILLMAN PEARSON, Associate Judge (Retired). Florida Highway Patrol officers found Jackie E.
...ction 316.003, Fla.Stat. (1985). We therefore reverse appellant s conviction and direct her
discharge. REVERSED. ZEHMER and BARFIELD, JJ., concur.
40-CITE: 571 So.2d 75 Robert John BALTRUS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant Defendant Baltrus ( Baltrus ) appeals the circuit court s reversal of
...tate the county court s decision on the grounds that the county judge had no choice under the
limited and undisputed facts but to grant a dismissal.
41-CITE: 688 So.2d 429 Keith WALLACE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Keith Wallace appeals from convictions of two counts of aggravated assault on a
... disregard for the safety of others necessary to establish reckless driving. LaValley, 633 So.2d
at 1127-28. Reversed and remanded for a new trial.
42-CITE: 616 So.2d 457 Syndi R. TRACTON a k a CINDY TRACTON, Appellant, v. CITY OF MIAMI BEACH and
Regina C. Siedentopf, Appellees.
TEXT: PER CURIAM. In this appeal from an order issued pursuant to an adverse jury verdict in an
ac...f the arrest, blood alcohol tests and a videotape taken two hours later are not relevant to
that issue, and were properly excluded. I would affirm.
43-CITE: 688 So.2d 468 Lisa THOMPSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. On the record presented, the state erroneously filed a nolle prosequi of the
dri... under the influence charge. The judgment *469 and sentence for driving under the influence
are reversed. FARMER, STEVENSON and GROSS, JJ., concur.
44-CITE: 723 So.2d 389 STATE of Florida, Appellant, v. L.J.R., a child, Appellee.
TEXT: PER CURIAM. The State appeals from a final disposition order which suspends L.J.R. s driver
...r tobacco offense. Accordingly, we affirm the six-month suspension of L.J.R. s driving
privileges. Affirmed. ALTENBERND and SALCINES, JJ., Concur.
45-CITE: 714 So.2d 607 Carlos Orlando GRANDISON, Appellant, v. STATE of Florida, Appellee.
TEXT: KAHN, Judge. Appellant Carlos Grandison raises two points on appeal. Grandison was
convicted...FIRMED in part, REVERSED in part and REMANDED for a new trial on the charge of battery
on a police officer. BARFIELD, C.J., and JOANOS, J., concur.
46-CITE: 692 So.2d 932 Tyrone HAMILTON, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. We affirm Hamilton s judgment and sentences for reckless driving, driving
...tion number 28 to reflect court costs and fines in the amount of $748, as orally pronounced at
sentencing. PARKER, A.C.J., and LAZZARA, J., concur.
47-CITE: 660 So.2d 1063 STATE of Florida, Appellant, v. Gregory R. LAMOUREUX, Appellee.
TEXT: WHATLEY, Judge. The state challenges a trial court order dismissing one of two counts of
dri...ject information and remand the instant cause for reinstatement of that charge. Reversed and
remanded. SCHOONOVER, A.C.J., and PARKER, J., concur.
48-CITE: 704 So.2d 134 Michael A. BRUNO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The sole issue in this appeal from a drug charge is whether the trial court
erre.... REVERSED and REMANDED with directions that the drug charge and sentence be vacated. ERVIN
and KAHN, JJ., concur. BENTON, J., concurs in result.
49-CITE: 731 So.2d 816 Leonard Alexander GRAY, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, J. Florida recognizes two types of reduced mental capacity defenses. First, there
is...19 the reason, the state s response was not improper under the circumstances. AFFIRMED.
ANTOON, J., concurs. GOSHORN, J., concurs in result only.
50-CITE: 504 So.2d 47 STATE of Florida, Appellant, v. Joan Robinson NUGENT and Paul Lincoln Roberts,
Appellees.
TEXT: LETTS, Judge. The State appeals from an order granting a motion to suppress the seizure of
1...State v. Anderson, 479 So.2d 816 (Fla. 4th DCA 1985) which we distinguish because in Anderson
there was no odor of cannabis nor a suspended license.
51-CITE: 752 So.2d 1260 Cindy Unita WOOD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant appeals her convictions and sentences for felony driving under the
inf... and REMAND for resentencing because a public defender fee was imposed upon a defendant with
private counsel. JOANOS, MINER and DAVIS, JJ., CONCUR.
52-CITE: 539 So.2d 583 Raymond BONDS, Jr., Raymond Bonds, Sr. and Goldie Bonds, Appellants, v. Wayne S.
FLEMING, Appellee.
TEXT: COBB, Judge. The issue on this appeal is whether the driver of an automobile has a legal
dut...briation where at the time he was old enough to operate a dangerous instrumentality under
Florida law. AFFIRMED. ORFINGER and COWART, JJ., concur.
53-CITE: 702 So.2d 1327 Virginia WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This appeal arises from the appellant s conviction and sentence for felony
drivi...te, 661 So.2d 380, 381 (Fla. 1st DCA 1995). Reversed and remanded for a new sentencing
hearing. STONE, C.J., and WARNER and PARIENTE, JJ., concur.
54-CITE: 552 So.2d 270 Jeff RUISE, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant pled nolo contendere to possession of cocaine in violation of
Se... driving privileges for a period of one year. Compare Callahan v. State, 550 So.2d 79 (Fla. 2d
DCA 1989). SHIVERS, C.J., and WENTWORTH, J., concur.
55-CITE: 452 So.2d 147 Lillian M. OLSEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. After reviewing the briefs and record on appeal in this case, we find the
appell... with Jenkins. We affirm the trial court s judgments and sentences in all other respects.
BOARDMAN, A.C.J., and SCHEB and SCHOONOVER, JJ., concur.
56-CITE: 632 So.2d 228 STATE OF FLORIDA, Appellant, v. Dennis Jerome GODWIN, Appellee.
TEXT: PER CURIAM. The state appeals an order dismissing a two count information filed against
appe...and remand for further proceedings consistent with this opinion. Reversed and remanded.
RYDER, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.
57-CITE: 506 So.2d 495 STATE of Florida, Appellant, v. Luis Felipe CARRILLO, Appellee.
TEXT: COBB, Judge. The state timely appeals an order granting a motion to suppress made by
appelle...demeanor offense in the officer s presence. DISCRETIONARY REVIEW ACCEPTED; ORDER OF
SUPPRESSION QUASHED. UPCHURCH, C.J., and ORFINGER, J., concur.
58-CITE: 559 So.2d 104 William Lloyd NICHOLS, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. William Lloyd Nichols pleaded nolo contendere to uttering forged
...es for six years is reversed and remanded for proceedings consistent with this opinion. Reversed
and remanded. DANAHY and THREADGILL, JJ., concur.
59-CITE: 528 So.2d 1169 Ernest Lee ROMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: SHAW, Justice. Ernest Lee Roman, under sentence of death and execution warrant, appeals the
...k, the inability to impeach Reese with his prior statement becomes significant. Hence, I concur
that a new trial is required. OVERTON, J., concurs.
60-CITE: 531 So.2d 961 STATE of Florida, Petitioner, v. Pedro PEREZ, Respondent.
TEXT: EHRLICH, Chief Justice. We have for our review State v. Perez, 510 So.2d 1144 (Fla. 2d DCA
1...judge safety standards, and take other actions to minimize drunk driving accidents--whether
third parties are involved or not. GRIMES, J., concurs.
61-CITE: 750 So.2d 756 Beate Roswitha WOLF, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Beate Roswitha Wolf was orally sentenced to time served for driving with a
suspe...v. State, 708 So.2d 617 (Fla. 5th DCA 1998). SENTENCE VACATED IN PART; AFFIRMED IN PART;
REMANDED. ANTOON, C.J., HARRIS and PETERSON, JJ., concur.
62-CITE: 488 So.2d 114 Vernon Tyrone YOUNG, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. Appellant, defendant below, was found guilty after a jury trial of
vehicular...could not have resulted in convictions. Accordingly, appellant s judgment and sentence
is hereby AFFIRMED. BOOTH, C.J., and WIGGINTON, J., concur.
63-CITE: 627 So.2d 123 Stanley LUKAS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Stanley Lukas appeals the judgment and sentence rendered following the jury
verd...AFFIRMED in part; REVERSED in part; and REMANDED. GOSHORN, PETERSON and GRIFFIN, JJ.,
concur. ------------ (FN1) Section 316.193, Fla.Stat. (1991).
64-CITE: 685 So.2d 894 Christopher WHITEHEAD, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Whitehead appeals from his sentence imposed after entering into a plea
agre...r resentencing. Sentence VACATED; REMANDED for resentencing. COBB and THOMPSON, JJ.,
concur. ------------ (FN1) Section 316.192, Fla.Stat. (1995).
65-CITE: 634 So.2d 160 THE FLORIDA BAR, Complainant, v. JOHN DOE, (FN1) Respondent.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar and the referee s report
reg...spondent s name. It is so ordered. OVERTON, McDONALD, SHAW, GRIMES and HARDING, JJ., concur.
BARKETT, C.J., and KOGAN, J., concur in result only.
66-CITE: 549 So.2d 195 Enrique VASQUEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Enrique Vasquez appeals judgments of conviction and an upward departure
sentence...t have affected the departure sentence. Albritton v. State, 476 So.2d 158 (Fla.1985).
Accordingly, the sentence under review is affirmed. Affirmed.
67-CITE: 742 So.2d 834 STATE of Florida, Appellant, v. Johnny A. MOORE, Jr., Appellee.
TEXT: CAMPBELL, Judge. The State challenges the trial court order granting Appellee s motion to
di...627 So.2d 1314 (Fla 2d DCA 1993). The motion to dismiss should have been denied. Accordingly,
we reverse. PATTERSON, C.J. and SALCINES, J., Concur.
68-CITE: 700 So.2d 44 STATE of Florida, Appellant, v. Hani S. BANOUB, Appellee.
TEXT: PER CURIAM. The State appeals the trial court s order suppressing the results of a
blood-alc...e test results. Reversed and remanded for further proceedings in accordance with this
opinion. FRANK, A.C.J., and LAZZARA and FULMER, JJ., concur.
69-CITE: 561 So.2d 685 David J. PARRISH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The state concedes, and we agree, that it was error for the trial court to
enter... Count II and remand with directions that such conviction be vacated, and affirm in all
other respects. ANSTEAD, GLICKSTEIN and POLEN, JJ., concur.
70-CITE: 635 So.2d 999 STATE of Florida, Appellant, v. Johnny PUGH, Appellee.
TEXT: ALTENBERND, Judge. The state appeals an order granting Mr. Pugh s motion to suppress
evidenc...2d DCA 1992) (arrest for suspended driver s license permits search of vehicle). Reversed
and remanded. SCHOONOVER, A.C.J., and FULMER, J., concur.
71-CITE: 508 So.2d 1258 STATE of Florida, Petitioner, v. Martha BENYEI, Respondent.
TEXT: COWART, Judge. The state seeks a writ of certiorari to review the circuit court s reversal
o..., 188 So.2d 817 (Fla.1966); State v. Goodwyn, 24 Fla. Supp. 9 (Fla. 11th Cir.Ct.1964). (FN2) See
State v. McIntyre, 393 So.2d 16 (Fla. 2d DCA 1980).
72-CITE: 468 So.2d 961 Kathy Jean DUVALL, etc., et al., Petitioners, v. CITY OF CAPE CORAL, Respondent.
TEXT: OVERTON, Justice. We approve the decision of the Second District Court of Appeal reported
as...v. Williard, I would hold that the city is not sovereignly immune from suit, quash the district
court decision, and affirm the trial court judgment.
73-CITE: 471 So.2d 182 The STATE of Florida, Appellant, v. Juan LAPPIN, Appellee.
TEXT: BASKIN, Judge. The state charged Lappin with reckless driving and aggravated assault on a
po...coupled with an apparent ability to do so, and doing some act which creates a well-founded fear
in such other person that such violence is imminent.
74-CITE: 589 So.2d 1382 STATE of Florida, Appellant, v. Daniel LARCOMB, Appellee.
TEXT: PER CURIAM. AFFIRMED. See Harris v. State, 352 So.2d 1269 (Fla. 2d DCA 1977). ANSTEAD, J.
c...lity, and it is rather strong probability. I therefore would reverse the order granting the
motion to suppress. Accordingly, I respectfully dissent.
75-CITE: 633 So.2d 1126 Khanh D. LAVALLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Chief Judge. Khanh D. LaValley was charged with aggravated assault in the following
...16.192(1), Florida Statutes (1991). *1128 the willful and wanton disregard for the safety of
others. AFFIRMED. W. SHARP and THOMPSON, JJ., concur.
76-CITE: 687 So.2d 52 George HERTZSCHUCH, Appellant, v. The STATE of Florida, Appellee.
TEXT: FLETCHER, Judge. George Hertzschuch appeals the circuit court s dismissal of his petition
fo...one in relation to DUI injury to persons. Accordingly, the circuit court s dismissal of
Hertzschuch s petition for writ of prohibition is affirmed.
77-CITE: 571 So.2d 485 William D. STEWART, Petitioner, v. STATE of Florida, Respondent.
TEXT: SCHEB, Judge. William D. Stewart seeks a petition for writ of certiorari to review a
judgmen...order. Accordingly, we grant the petition for writ of certiorari and vacate the order of
restitution. SCHOONOVER, C.J., and THREADGILL, J., concur.
78-CITE: 755 So.2d 842 STATE of Florida, Appellant, v. Mark ATKINSON, Gary Bernau, Ray Allen Tanguay,
et al, Appellees.
TEXT: COBB, J. The Volusia County court dismissed pending DUI cases against multiple defendants
on...verse the dismissal orders of the county court, and remand for further proceedings consistent
with this opinion. DAUKSCH and THOMPSON, JJ., concur.
79-CITE: 528 So.2d 436 Roderick ROUNDTREE, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Roderick Roundtree appeals his sentences for three counts of DUI manslaughter,
...ingly, we reverse the appellant s sentence and remand this cause for resentencing within the
guidelines. SCHOONOVER, A.C.J., and LEHAN, J., concur.
80-CITE: 714 So.2d 570 Donald R. BOZEMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: WOLF, Judge. Appellant raises a number of issues in this appeal from his conviction and
sent...oncurring specially. Only because of the particular facts contained in the record at bar, I
concur in the result reached by my esteemed colleagues.
81-CITE: 730 So.2d 818 Abraham LIPSKY and King s Transportation Group, Inc., etc., Appellants, v. Amie
Elizabeth PADGETT, etc., Appellee.
TEXT: COBB, J. This appeal concerns the validity of a verdict obtained by the representative of
th...gligence in Florida, but the issue here is the existence vel non of a legal duty at the time of
injury, not the relative fault of different parties.
82-CITE: 723 So.2d 390 STATE of Florida, Appellant, v. M.A.G., a child, Appellee.
TEXT: PATTERSON, Acting Chief Judge. The State appeals from a final disposition order which
suspen...hway, Safety and Motor Vehicles to suspend M.A.G. s driving privileges for two years.
Reversed and remanded. ALTENBERND and SALCINES, JJ., Concur.
83-CITE: 648 So.2d 1220 STATE of Florida, Appellant, v. Jerry GREGORY, Appellee.
TEXT: RYDER, Acting Chief Judge. The State of Florida seeks review of the trial court s dismissal
... charge is not barred by double jeopardy. We reverse and remand for further prosecution.
Reversed and remanded. PATTERSON and FULMER, JJ., concur.
84-CITE: 716 So.2d 318 Rafael Manuel MORERA, Jr. and Rafael Manuel Morera, Sr., Appellants, v. Petrona
Elba CASTELLON, Roberto Castellon and Elba Castellon, Appellees.
TEXT: SORONDO, Judge. Rafael Manuel Morera, Jr. and Rafael Manuel Morera, Sr. (collectively
Morera...2d DCA 1996). We reverse and remand for a new trial. ------------ (FN1) The evidence is
undisputed that it was Castellon who broadsided Morera, Jr.
85-CITE: 710 So.2d 678 Danny Ray HINSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Danny Ray Hinson, appeals his conviction and sentence for felony
driv...--- (FN1) Appellant argues that although witnesses for the state testified that he was
driving on the paved portion of the highway at all times, the
86-CITE: 597 So.2d 770 Carl Andrew HAAS, Petitioner, v. STATE of Florida, Respondent.
TEXT: GRIMES, Justice. We review Haas v. State, 567 So.2d 966 (Fla. 5th DCA 1990), in which the
co...issent in part and would remand this case to the trial court with instructions to vacate the
DUBAL convictions and sentences. BARKETT, J., concurs.
87-CITE: 509 So.2d 1387 Frank Phillip MILLER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant appeals the lower court s final judgment adjudicating him guilty of
D....ving the jury of its inherent pardon power. We therefore reverse and remand for a new trial.
HERSEY, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.
88-CITE: 726 So.2d 380 STATE of Florida, Appellant, v. Rudolph WICHMANN, Jr., Appellee.
TEXT: CAMPBELL, Acting Chief Judge. The State challenges the trial court order finding that
sectio...have found *383 the statute constitutional in any event, we decline to answer the certified
question and reverse. THREADGILL and BLUE, JJ., Concur.
89-CITE: 745 So.2d 414 Thomas WEST, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, J. Thomas West appeals his convictions for the crimes of DUI manslaughter and
drivi...ony of their expert, Dr. Berkland, alone satisfies the State s burden. We find no error and
affirm. AFFIRMED. ANTOON, C.J. and HARRIS, J., concur.
90-CITE: 617 So.2d 412 Edward ROBINSON, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Edward Robinson appeals his convictions for carrying a concealed weapon and
dri...and driving while license suspended or revoked. Reversed with directions consistent with this
opinion. DANAHY, A.C.J., and SCHOONOVER, J., concur.
91-CITE: 723 So.2d 389 STATE of Florida, Appellant, v. P.J.A., a child, Appellee.
TEXT: PATTERSON, Acting Chief Judge. The State appeals from a final disposition order which
suspen...ect, the Department should give P.J.A. credit for the time his license was suspended.
Reversed and remanded. ALTENBERND and SALCINES, JJ., Concur.
92-CITE: 559 So.2d 416 Norris HUBBARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. The sole issue presented in this appeal is whether the trial court, at
senten...operator s or chauffeur s conviction of any of the following offenses: . . . . (3) Any
felony in the commission of which a motor vehicle is used.
93-CITE: 605 So.2d 568 Lisa COLLINS, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Collins appeals from her judgment and sentence for DUI manslaughter, (FN1)
...ess driving is a misdemeanor, Section 316.192. Since DUI Manslaughter is the highest degree
crime, it would stand and the others would be set aside.
94-CITE: 715 So.2d 317 SCARLETT O HARA S, INC., Appellant, v. SPHERE DRAKE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. AFFIRMED. DAUKSCH, J., concurs. GRIFFIN, C.J., and HARRIS, J., concur and
conc...who then negligently operates the vehicle; the action is still for injuries resulting from
the use of an automobile and is excluded from the policy.
95-CITE: 601 So.2d 1341 STATE of Florida, Petitioner, v. Gary Lee CARTER and The Honorable Russell A.
Cole, Jr., Respondents.
TEXT: SHIVERS, Judge. The state s petition for writ of mandamus is GRANTED. State v. Wager, 599
So...ror in the withholding of adjudication of guilt as to the other offense, driving with a
suspended or revoked license. MINER and ALLEN, JJ., concur.
96-CITE: 700 So.2d 1253 STATE of Florida, Appellant, v. Scott Leslie MILLER, Appellee.
TEXT: MICKLE, Judge. The state appeals an order 1) granting Appellee Scott L. Miller s motion to
d...order of dismissal is REVERSED, and the cause REMANDED, with directions to reinstate the
five-count information. WEBSTER and LAWRENCE, JJ., concur.
97-CITE: 611 So.2d 1260 Timothy FREEMAN, Dani Enix, Christopher Gordon, Mary R. Kinkle, Denise
Lindemann, Jeanette McMorris, David Neason, Jim Onitveros, David Rabassi, David A. Rose and Gary
Espey, Petitioners, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. The petitioners have filed a petition for writ of certiorari seeking review of
t...ot depart from the essential requirements of law. The petition for writ of certiorari is denied.
DANAHY, A.C.J., and FRANK and PARKER, JJ., concur.
98-CITE: 438 So.2d 133 WEST FLORIDA DISTRIBUTORS and Federal Insurance Company, Appellants, v. Sharon
A. LARAMIE, Appellee.
TEXT: JOANOS, Judge. This is an appeal from a deputy commissioner s order awarding death benefits
...e in significantly different circumstances. In all respects the deputy commissioner s order is
AFFIRMED. LARRY G. SMITH, and NIMMONS, JJ., concur.
99-CITE: 580 So.2d 656 Patricia DEJEREZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse and remand for a new trial on the authority of Wilhelm v. State, 568
...e trial court s evidentiary rulings and our reversal renders moot the issues raised concerning
sentencing. ANSTEAD, WARNER and FARMER, JJ., concur.
100-CITE: 468 So.2d 413 GAR-CON DEVELOPMENT, INC., Appellant, v. STATE of Florida, DEPARTMENT OF
ENVIRONMENTAL REGULATION, Appellee.
TEXT: THOMPSON, Judge. Appellant seeks review of an administrative order of the Department of
Envi...terms of the rule. (FN1) ------------ (FN1) Excavate . . .: to form a cavity or hole in . . .
. Webster s Third New International Dictionary (1981).
101-CITE: 743 So.2d 1187 Francis FERRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was convicted of D.U.I. and appeals on three grounds. He argues that
t...dant evidence of appellant driving under the influence. We therefore affirm. WARNER, C.J.,
STONE, J., and COX, CYNTHIA L., Associate Judge, concur.
102-CITE: 744 So.2d 1090 Michael Wayne REED, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, J. We affirm Reed s sentence which includes a provision for the permanent suspension
...nd Reed s driving privileges. Therefore, we find that the trial judge properly suspended Reed s
driver s license. KLEIN and STEVENSON, JJ., concur.
103-CITE: 722 So.2d 259 STATE of Florida, Appellant, v. M.L.R., a child, Appellee.
TEXT: PATTERSON, Acting Chief Judge. The State appeals from a final disposition order which
direct...hway, Safety and Motor Vehicles to suspend M.L.R. s driving privileges for two years.
Reversed and remanded. ALTENBERND and SALCINES, JJ., Concur.
104-CITE: 600 So.2d 509 Matthew WILLIAMS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Williams was convicted for selling a $10 cocaine rock within 1,000 feet of
schoo...rial. ------------ (FN1) Driving while a license is under suspension is a second-degree
misdemeanor punishable by up to sixty days of incarceration.
105-CITE: 590 So.2d 486 Jonathan SCHOTTEL, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Jonathan Schottel appeals his judgments and sentences, arguing that the
trial...d remand to the trial court to vacate that portion of Schottel s sentence suspending his
driver s license. RYDER, A.C.J., and CAMPBELL, J., concur.
106-CITE: 579 So.2d 373 Brent Keith DEVINEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The sole issue on appeal is whether the charge of misdemeanor driving under the
...e reversed as to count I. Upon *374 remand, an amended judgment and sentence shall be entered as
to count II. DOWNEY, STONE and POLEN, JJ., concur.
107-CITE: 501 So.2d 1388 Robert GULLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: WEBSTER, PETER D., Associate Judge. Appellant, defendant below, appeals his conviction for
v...stimony regarding the results of the blood alcohol test shall be permitted. REVERSED AND
REMANDED, WITH DIRECTIONS. LETTS and WALDEN, JJ., concur.
108-CITE: 734 So.2d 1075 Edward E. NOBLES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this direct appeal, Edward E. Nobles challenges a judgment and departure
sent...al court to impose a sentence within the guidelines. Wyche v. State, 576 So.2d 884 (Fla. 1st
DCA 1991). KAHN, BENTON and VAN NORTWICK, JJ., CONCUR.
109-CITE: 731 So.2d 680 Reginald WELLS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Reginald Wells (Wells) was convicted of two counts of battery on a law
enforceme...ted. We affirm the judgments and sentences for all other offenses. AFFIRMED in part and
REVERSED in part. MINER, MICKLE and LAWRENCE, JJ., concur.
110-CITE: 516 So.2d 90 James G. TAUBE, Appellant Cross-Appellee, v. FLORIDA KEYS AQUEDUCT AUTHORITY and
County of Monroe Career Service Council, Appellees Cross-Appellants.
TEXT: JORGENSON, Judge. James Taube, a permanent employee of the Florida Keys Aqueduct Authority
(...aube s drinking and driving. In view of our disposition, we need not address the issue of Taube
s back pay. Reversed and remanded with directions.
111-CITE: 432 So.2d 797 Lonnie Edell CARTER, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Judge. The appellant, Lonnie Edell Carter, has appealed from an order denying
hi...onstitute a taking into custody sufficient to commence the running of the speedy trial rule.
Gagel v. Cornelius, 380 So.2d 1333 (Fla. 5th DCA 1980).
112-CITE: 442 So.2d 331 STATE of Florida, Appellant, v. Francis PAGACH, Appellee.
TEXT: GRIMES, Judge. The state appeals from an order of the county court suppressing evidence of
a...emand this cause to the county court for further proceedings consistent with this opinion.
REVERSED. BOARDMAN, A.C.J., and SCHOONOVER, J., concur.
113-CITE: 462 So.2d 102 Donald WILLIARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Donald Williard appeals a conviction and sentence for DWI-manslaughter. We
affir...DCA 1984), and Higgs v. State, 455 So.2d 451 (Fla. 5th DCA 1984). AFFIRMED. GRIMES,
A.C.J., LEHAN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
114-CITE: 710 So.2d 720 Maxine DEVERS-LOPEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, Judge. Appellant, Maxine Devers-Lopez (DeversLopez), was convicted of driving under
t...atus conference. Based on this express finding, we affirm as to this issue. REVERSED AND
REMANDED FOR NEW TRIAL. GLlCKSTEIN and DELL, JJ., concur.
115-CITE: 648 So.2d 805 DADE COUNTY SCHOOL BOARD and Alexsis, Inc., Appellants, v. Johnnie GRIER,
Appellee.
TEXT: PER CURIAM. This appeal arises from an order of the judge of compensation claims (JCC)
award...care benefits during non-crisis periods is reversed. All other aspects of the JCC s order
are affirmed. ZEHMER, C.J., BOOTH and DAVIS, JJ., concur.
116-CITE: 668 So.2d 1034 Kenneth Michael STABLER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was charged with driving under the influence of alcoholic beverages.
H...21 So.2d 578 (Fla. 3d DCA 1993). This cause is hereby TRANSFERRED to the Escambia County
circuit court. MINER, WOLF and VAN NORTWICK, JJ., concur.
117-CITE: 519 So.2d 34 Ladislao LAMAZARES, Appellant, v. RINKER SOUTHEASTERN MATERIALS CORP., and
Liberty Mutual Insurance Company, Appellees.
TEXT: PER CURIAM. The deputy commissioner denied wage loss benefits for the period commencing
with...aimant attempted to persuade the other employee to lie by corroborating claimant s story that
he aggravated his hand injury while driving the truck.
118-CITE: 603 So.2d 1349 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. William C. DeSHONG, Respondent.
TEXT: ALTENBERND, Judge. The State of Florida, Department of Highway Safety and Motor Vehicles
(th...e Department s petition and quash the circuit court s order that reinstated Mr. DeShong s
driving privileges. PARKER, A.C.J., and BLUE, J., concur.
119-CITE: 511 So.2d 1116 Daniel Tate BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. The charges in this case arose out of an automobile accident in
w...nd sentence for manslaughter and *1118 remand the case with instructions that appellant be
discharged. Reversed. HALL and THREADGILL, JJ., concur.
120-CITE: 550 So.2d 31 The STATE of Florida, Appellant, v. William MANNO, Appellee.
TEXT: PER CURIAM. William Manno was charged with manslaughter (Count I) and manslaughter by
operat...ause the cause of death was disputed, Manno was entitled to the instruction he requested.
Accordingly, the decision of the trial court is affirmed.
121-CITE: 743 So.2d 165 Ronald W. LEDLOW, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, J. Ronald W. Ledlow, the appellant, pled nolo contendere to misdemeanor DUI
(coun...unt I may not exceed the maximum set forth in sections 316.193(2)(a) and (6)(a), Florida
Statutes (Supp.1998). WARNER, C.J., and STONE, J., concur.
122-CITE: 547 So.2d 1037 Brian Parker HANLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Finding that the warrantless search of the motor vehicle which the appellant
was... So.2d (Fla.1972); Pafford v. State, 281 So.2d 51 (Fla. 1st DCA 1973). SMITH and MINER, JJ.,
and PEARSON, TILLMAN (Ret d), Associate Judge, concur.
123-CITE: 615 So.2d 219 Gregory HALUSKA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. For the offense of driving while license suspended, the defendant was sentenced
... issues on appeal are without merit and are affirmed. SENTENCE VACATED; CAUSE REMANDED.
PETERSON and GRIFFIN, JJ., COWART, Judge, Retired, concur.
124-CITE: 523 So.2d 568 THE FLORIDA BAR, Complainant, v. Marvin S. DAVIS, Respondent.
TEXT: PER CURIAM. This cause is before the Court for consideration of the findings and
recommendat...2,442.39, for which sum let execution issue. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
125-CITE: 436 So.2d 191 Russell G. CAVERLY, Appellant, v. STATE of Florida, Appellee.
TEXT: HOBSON, Acting Chief Judge. Russell Caverly was charged with driving a motor vehicle while
u...34(4), Florida Statutes (Supp.1982). With the clarification, we deny the motion for rehearing.
HOBSON, A.C.J., and BOARDMAN and SCHEB, JJ., concur.
126-CITE: 431 So.2d 343 William Douglas BOND, Appellant, v. STATE of Florida, Appellee.
TEXT: BOARDMAN, Acting Chief Judge. William Douglas Bond appeals his placement on probation for
th...trial court s order denying appellant s motion to suppress and the order placing appellant on
probation are AFFIRMED. RYDER and LEHAN, JJ., concur.
127-CITE: 613 So.2d 548 Robert M. SPICER, Petitioner, v. Honorable J. Jefferson OVERBY, Circuit Judge,
of the 16th Judicial Circuit, in and for Monroe County, Florida, Respondent.
TEXT: ON PETITION FOR WRIT OF PROHIBITION PER CURIAM. Robert M. Spicer seeks a writ of
prohibitio...tion. ). Thus, we grant prohibition and quash the capias without prejudice to the state
filing an information. Prohibition granted; capias quashed.
128-CITE: 578 So.2d 30 Alton COLLINS, Appellant, v. STATE of Florida, Appellee.
TEXT: HERSEY, Chief Judge. Appellant, Alton Collins, appeals from multiple convictions and
sentenc...hose counts; in all other respects we affirm. AFFIRMED IN PART; REVERSED IN PART;
REMANDED. POLEN, J., and WALDEN, JAMES H., Senior Judge, concur.
129-CITE: 553 So.2d 1331 Narcisco RODRIGUEZ, Appellant, v. ThE STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse the appellant s convictions because he was charged, in effect, with
t... defendant. Reversed and remanded with directions. (FN1) ------------ (FN1) No rehearing time
will be allowed and the mandate will forthwith issue.
130-CITE: 600 So.2d 551 James Dale BAUMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. James Bauman appeals his judgment and sentences for felony driving under the
inf...tute). Reversed in part and remanded for further proceedings consistent with this opinion.
DANAHY, A.C.J., and PARKER and ALTENBERND, JJ., concur.
131-CITE: 569 So.2d 1368 Douglas WILLIAMSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant Defendant Douglas Williamson (Williamson) appeals the trial court s
se...be heard. AFFIRMED IN PART, REVERSED IN PART AND REMANDED. WALDEN and GUNTHER, JJ., concur.
DELL, J., concurs in conclusion only without opinion.
132-CITE: 667 So.2d 497 SAFEWAY INSURANCE COMPANY, Appellant, v. Joseph Henry SEGURA, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Safeway Insurance Company from a final
judgme...t under review is reversed and the cause is remanded to the trial court with directions to
conduct a new trial in the cause. Reversed and remanded.
133-CITE: 634 So.2d 742 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v.
James H. TREMMEL, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, State of Florida, Department of Highway Safety and
...mandamus issued by the trial court is reversed and the cause remanded for treatment consistent
with this opinion. THREADGILL and BLUE, JJ., concur.
134-CITE: 723 So.2d 313 Michael Patrick MURPHY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant challenges his convictions of aggravated fleeing or attempting to
elud...ell, 719 So.2d 1245, 23 Fla.L.Weekly D2348 (Fla. 1st DCA 1998). AFFIRMED. MINER and
LAWRENCE, JJ., and McDONALD, PARKER LEE, Senior Judge, concur.
135-CITE: 642 So.2d 25 STATE of Florida, Appellant Cross-Appellee, v. Raffaele ESPOSITO, Appellee
Cross-Appellant.
TEXT: STEVENSON, Judge. Raffaele Esposito was convicted of vehicular homicide. The trial court
den...in this case does present a prima facie case. See McCreary v. State, 371 So.2d 1024
(Fla.1979); Hamilton v. State, 439 So.2d 238 (Fla. 2d DCA 1983).
136-CITE: 597 So.2d 862 STATE of Florida, Appellant, v. R.N., a Child, Appellee.
TEXT: PETERSON, Judge. The state appeals the trial court s decision not to order the revocation
of...r imposition of the revocation of R.N. s driving privileges pursuant to section 562.111(2).
REVERSED and REMANDED. COWART and HARRIS, JJ., concur.
137-CITE: 753 So.2d 593 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Bernard W.
OLIVIE, Respondent.
TEXT: PER CURIAM. Petitioner, Department of Highway Safety and Motor Vehicles, petitions for a
Wri.... 3d DCA 1996). Accordingly, we grant certiorari and quash the Order under review thereby
reinstating the suspension of respondent s driver license.
138-CITE: 597 So.2d 767 Jessie Lee MILLER, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We have for review State v. Miller, 555 So.2d 391 (Fla. 3d DCA 1989), which
cert...ibility, in other words, is a question entirely distinct from the due process requirement of
proof beyond a reasonable doubt. BARKETT, J., concurs.
139-CITE: 538 So.2d 553 Leo Kelvin JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Judge. The defendant, Leo Kelvin Johnson, appeals his convictions for trafficking
and...e defendant s convictions and sentences on the trafficking and driving with a suspended
license counts. CAMPBELL, C.J., and THREADGILL, J., concur.
140-CITE: 599 So.2d 687 Ronnie UPSHAW, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Ronnie Upshaw, contends the trial court erred in revoking his
probati...oncession, we must reverse and remand with instructions that appellant s probation be
reinstated. CAMPBELL, A.C.J., and HALL and BLUE, JJ., concur.
141-CITE: 723 So.2d 324 STATE of Florida, Petitioner, v. Scott HEMMERLY, Respondent.
TEXT: ANTOON, J. The state petitions this court to issue a writ of certiorari quashing the
circuit... when the offense has been committed in his presence. Petition for Writ of Certiorari
GRANTED; decision QUASHED. GOSHORN and THOMPSON, JJ, concur.
142-CITE: 648 So.2d 1244 Brooks Wimbey McADAM, Petitioner, v. STATE of Florida, Respondent.
TEXT: ALTENBERND, Judge. Brooks McAdam seeks certiorari review of th e circuit court order
affirmi...a DWAI conviction in Colorado is a similar alcohol related offense under section
316.193(6) and that the appellant s sentence was properly enhanced.
143-CITE: 714 So.2d 677 Christopher MUNRO, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. We affirm the conviction for aggravated fleeing and eluding under section
3...g, aggravated fleeing and eluding, and at least two instances of resisting a law enforcement
officer. AFFIRMED. DAUKSCH and PETERSON, JJ., concur.
144-CITE: 610 So.2d 467 STATE of Florida, Appellant, v. Starla BUCHANON, Appellee.
TEXT: PER CURIAM. The sole evidence to support the law enforcement officer s probable cause to
ord...of this test are inadmissible because this drunk driver caused a serious, rather than a minor,
accident. I would reverse this order of suppression.
145-CITE: 453 So.2d 175 Rafael Louis RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIMES, Acting Chief Judge. Once again we are required to interpret custody for purposes of
...uence, we have no alternative but to set aside Appellant s conviction and direct that he be
discharged. REVERSED. SCHEB and CAMPBELL, JJ., concur.
146-CITE: 475 So.2d 1268 STATE of Florida, Petitioner, v. Jared Martin HERSTIK, Respondent.
TEXT: PER CURIAM. The State of Florida seeks review by petition for writ of common law certiorari
...writ without prejudice to the trial court to reconsider this matter, upon proper motion.
CERTIORARI GRANTED. LETTS, DELL and BARKETT, JJ., concur.
147-CITE: 710 So.2d 110 David CARTER, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, Judge. The issue in this case, which is one of first impression in Florida, is
whethe... a first DUI violation in Florida, up to six months incarceration, is clearly more severe
than what could qualify as an infraction under Morissette.
148-CITE: 622 So.2d 984 John ALLRED, Petitioner, v. STATE of Florida, Respondent. Richard DiANDREA, II,
Petitioner, v. STATE of Florida, Respondent.
TEXT: SHAW, Justice. We review State v. Allred, 602 So.2d 1326, 1326 (Fla. 4th DCA 1992); and
Stat...96 U.S. 582, 110 S.Ct. 2638, 110 L.Ed.2d 582 (1990), the petitioners responses should have
been suppressed in the absence of prior Miranda warnings.
149-CITE: 662 So.2d 1297 Louis J. KEPLAR, Appellant, v. HARTLINE and Insurance Servicing & Adjusting
Corp., Appellees.
TEXT: PER CURIAM. The claimant, Louis J. Keplar, began working for the employer, Hillsborough
Area...for the same employer and, on remand, the JCC should consider this evidence. REVERSED and
REMANDED. ZEHMER, C.J., and ALLEN and KAHN, JJ., concur.
150-CITE: 523 So.2d 1261 Daniel QUILES, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Daniel Quiles, was tried before a jury and was found guilty of
t... appellant s conviction and remand to the trial court for a new trial. Reversed and remanded
for a new trial. SCHEB, A.C.J., and HALL, J., concur.
151-CITE: 517 So.2d 65 Anthony BARRITT, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Anthony Barritt appeals the order of final judgment and sentence in which he
...g during a trial on vehicular homicide, it commits reversible error? Reversed and remanded for
new trial. SMITH, C.J., and WENTWORTH, J., concur.
152-CITE: 696 So.2d 409 Curtis OLLMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PADOVANO, Judge. Curtis Ollman, the defendant, appeals his convictions for driving under
the...ial. The defendant is entitled to a new Faretta hearing according to the principles expressed
in Bowen. Reversed. MINER and LAWRENCE, JJ., concur.
153-CITE: 721 So.2d 1201 Hosie BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, C.J. We affirm Appellant s conviction for trafficking in cocaine. Appellant
challenge...d not form the basis for a founded suspicion necessary to support an investigatory stop.
KLEIN, J. and OWEN, WILLIAM C., Jr., Senior Judge, concur.
154-CITE: 578 So.2d 873 William COOTS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. William Coots appeals his conviction and sentence for grand theft. We reverse.
... legality of the sentence. Reversed and remanded with directions to discharge the appellant.
RYDER, A.C.J., and LEHAN and ALTENBERND, JJ., concur.
155-CITE: 651 So.2d 206 David RUFFIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Acting Chief Judge. David Ruffin appeals from an order withholding adjudication
a... at the scene, but it was not inevitable. Thus, we reverse the order denying Ruffin s motion to
suppress. Reversed. BLUE and LAZZARA, JJ., concur.
156-CITE: 734 So.2d 437 Brian W. NASH, etc., et al., Appellants, v. GENERAL MOTORS CORPORATION, etc., et
al., Appellees.
TEXT: JORGENSON, Judge. Appellant, Brian Nash, as the personal representative of the Estate of
Mar...Realty, Inc., 536 So.2d 260 (Fla. 3d DCA 1989); United Technologies Communications Co. v.
Industrial Risk Insurers, 501 So.2d 46 (Fla. 3d DCA 1987 .
157-CITE: 557 So.2d 637 C.O., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The juvenile, C.O., was charged by a petition for delinquency with burglary of
a...7742 N.W. 5th Court on January 15th. See C.B. v. State, 519 So.2d 686 (Fla. 3d DCA 1988); J.G.
v. State, 539 So.2d 39 (Fla. 3d DCA 1988). Reversed.
158-CITE: 585 So.2d 495 STATE of Florida, Appellant, v. David Russell TOWNSEND, III, Appellee.
TEXT: HARRIS, Judge. On May 15, 1990 Deputy Collins saw a vehicle speed past him on Pine Hill
Road... consistent with Rumph v. State, 544 So.2d 1150 (Fla. 5th DCA 1989). REVERSED and REMANDED
for further proceedings. COBB and GRIFFIN, JJ., concur.
159-CITE: 484 So.2d 77 James W. HOLMES, Appellant, v. Robert H. BONANNO, County Judge, Hillsborough
County, Appellee.
TEXT: PER CURIAM. James Holmes petitions this court for a writ of certiorari to review a decision
...concur. ------------ (FN1) In a non-jury trial jeopardy attaches when the court begins to hear
evidence. Bernard v. State, 261 So.2d 133 (Fla.1972).
160-CITE: 596 So.2d 499 STATE of Florida, Appellant, v. Rodrick C. COATNEY, Appellee.
TEXT: JOANOS, Chief Judge. Appellee Rodrick C. Coatney pled nolo contendere to a felony charge of
...ronounce adjudication of guilt in accordance with the provisions of section 316.656(1), Florida
Statutes (1989). SHIVERS and BARFIELD, JJ., concur.
161-CITE: 526 So.2d 931 Carl RANDOLPH, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. This appeal is from a judgment and sentence after a jury trial finding
app...trial, defendant testified he was not intoxicated and that anyone who said he was was lying.
*934 give the requested charge, if error, was harmless.
162-CITE: 711 So.2d 1321 Dennis W. TURNER, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, M., Senior Judge. Defendant appeals from an order of the trial court revoking his
.... State, 678 So.2d 890 (Fla. 4th DCA 1996); Jacobs v. State, 668 So.2d 294 (Fla. 1st DCA 1996).
AFFIRMED. GRIFFIN, C.J., and W. SHARP, J., concur.
163-CITE: 502 So.2d 43 Glen Russell IRONS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. GUNTHER, J., dissents with opinion. GUNTHER, Judge, dissenting. I
r... infer that the Alabama license had been unlawfully issued. I would reverse as to Count I and
remand for execution of sentence as to Count II only.
164-CITE: 742 So.2d 820 William David CARROLL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this direct criminal appeal, appellant raises two sentencing errors: (1)
that...or resentencing as to those counts. Otherwise, the judgment and sentence is affirmed.
VACATED and REMANDED. WOLF, DAVIS and BROWNING, JJ., CONCUR.
165-CITE: 686 So.2d 721 Nadine PEARSON, Appellant, v. STATE of Florida, Appellee.
TEXT: WHATLEY, Judge. Nadine Pearson appeals her sentence for two counts of driving under the
infl...On remand, the state may seek to reimpose these two costs. Affirmed in part, reversed in
part and remanded. FRANK, A.C.J., and PARKER, J., concur.
166-CITE: 633 So.2d 1128 Russell Dean RIGDON, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Senior Judge. Following a trial by jury, Russell Dean Rigdon was found guilty of
11...ld have properly been excluded under section 90.403, Florida Statutes, as being confusing or
misleading. AFFIRMED. WOLF and LAWRENCE, JJ., concur.
167-CITE: 698 So.2d 318 STATE of Florida, Appellant, v. Thomas James LINE, Appellee.
TEXT: FARMER, Judge. Defendant pleaded guilty to his sixth DUI offense and his fifth driving with
...nes without providing written reasons. We remand for resentencing within the guidelines.
GUNTHER, J., and MAY, MELANIE G., Associate Judge, concur.
168-CITE: 654 So.2d 291 The STATE of Florida, Appellant, v. Melvin MATHEWS, et al., Appellees.
TEXT: PER CURIAM. In each of these cases, the State of Florida asks this court to review a final
o... U.S. at -- - --, 113 S.Ct. at 2856-69. Accordingly, the cases under review are reversed and
remanded for proceedings consistent with this opinion.
169-CITE: 742 So.2d 420 Djuana GARVEY, n k a Djuana Garvey Sparks, Appellant, v. Jean BARNES, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, Djuana Garvey Sparks, challenges the final
judgment...rmined that Sparks was 40% at fault and Morrell was 60% at fault. The evidence supports
that finding and we affirm. WHATLEY and DAVIS, JJ., Concur.
170-CITE: 568 So.2d 931 Pamela Anne ST. GEORGE, as Personal Representative of the Estate of Bruno
Cattoretti, Appellant, v. CITY OF DEERFIELD BEACH, a Municipality of the State of Florida, Appellee.
TEXT: ON REHEARING PER CURIAM. On cross-motions for rehearing, we deny the motion of appellee
Cit...lic, exposing them without protection to risk resulting in actual injury). GLICKSTEIN and
POLEN, JJ., concur. LETTS, J., dissents without opinion.
171-CITE: 450 So.2d 580 FRANKLIN AMBULANCE SERVICE, Appellant, v. DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, Appellee.
TEXT: MILLS, Judge. Franklin Ambulance Service, Inc. (Service) appeals from a final order of the
D...ephone access by the public and kept false records are also supported by competent substantial
evidence. AFFIRMED. SMITH and NIMMONS, JJ., concur.
172-CITE: 700 So.2d 731 Michael CHEEK, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order of restitution in a driving with a
suspended...mstances, I would affirm. ------------ (FN1) The significant relationship also applies
to this restitution provision. See J.O.S., 689 So.2d at 1064.
173-CITE: 651 So.2d 191 STATE of Florida, Appellant, v. Arthur L. SUMMERS, Appellee.
TEXT: THREADGILL, Judge. The state appeals an order of the Collier County Court that declares
sect...refore reverse the order declaring section 316.193(6)(d), Florida Statutes (Supp.1994),
unconstitutional. CAMPBELL, A.C.J., and QUINCE, J., concur.
174-CITE: 436 So.2d 1062 Carl PASS, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Appellant appeals an order revoking his probation and sentencing him to three
...or the trial court to reconsider the sentence imposed. AFFIRMED IN PART, REVERSED IN PART, AND
REMANDED. HOBSON, A.C.J., and CAMPBELL, J., concur.
175-CITE: 512 So.2d 337 The STATE of Florida, Appellant, v. Kenneth BARNES, Appellee.
TEXT: PER CURIAM. This is an appeal by the state from a pretrial order suppressing a blood
alcohol...not affect the admissibility of a test of blood withdrawn for medical purposes. Section
316.1932(1)(f)(2), Fla.Stat. (1985). Reversed and remanded.
176-CITE: 580 So.2d 890 Dallas PRICE, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Judge. Defendant, Dallas Price, in separate jury trials, was convicted of grand
theft... we vacate the judgments and sentences and remand for further proceedings consistent with
this opinion. SCHOONOVER, C.J., and CAMPBELL, J., concur.
177-CITE: 490 So.2d 1300-1306 Susan Frances HEIDRICH and Kenneth E. Harrell, Appellants, v. STATE of
Florida, ex rel. the Honorable Wetzel BLAIR, as County Judge in and for Madison County, Appellee.
TEXT: PER CURIAM. These cases are before us on consolidated appeals from two orders denying
defend...ulties were impaired, whether in a municipality or not, shall be entitled to a trial by
jury according to the Florida Rules of Criminal Procedure.
178-CITE: 749 So.2d 516 Freddie WILSON, Appellant, v. STATE of Florida, Appellee.
TEXT: ANTOON, C.J. Freddie Wilson appeals his judgments and sentences which were imposed by the
tr...and proved reckless driving in a separate count? This question reveals the concerns defendants
should have with the argument advanced by Mr. Wilson.
179-CITE: 560 So.2d 422 John R. OUSLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: GUNTHER, Judge. We agree with the appellant s contention that an uncounseled misdemeanor
con...deration in the proper cell without the uncounseled misdemeanor conviction. In all other
respects, we affirm. HERSEY, C.J., and LETTS, J., concur.
180-CITE: 684 So.2d 879 Escras GOMEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, Judge. Escras Gomez pled guilty to aggravated assault with a deadly weapon, driving
w...those improper costs, and then argue on appeal that the trial court committed reversible error
in imposing them). FARMER and PARIENTE, JJ., concur.
181-CITE: 468 So.2d 993 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, Petitioner, v.
William H. MECK, Respondent.
TEXT: FRANK D. UPCHURCH, Jr., Judge. The State of Florida, Department of Highway Safety and Motor
...usia Hospital Corp. v. National Union of Hospital Employees, 429 So.2d 1232 (Fla. 5th DCA 1983).
Writ DENIED. COBB, C.J., and DAUKSCH, J., concur.
182-CITE: 708 So.2d 322 STATE of Florida, Appellant, v. M.A.P., a Child, Appellee.
TEXT: PER CURIAM. The State appeals the sentence imposed upon the appellee, M.A.P., after he pled
...he failure to do so constitutes reversible error. Reversed and remanded for resentencing.
CAMPBELL, A.C.J., and ALTENBERND and GREEN, JJ., concur.
183-CITE: 590 So.2d 1029 STATE of Florida, Appellant, v. Joseph H. WHITAKER, Appellee.
TEXT: JOANOS, Chief Judge. The state seeks review of the trial court s denial of its motion to
cor...tions to pronounce adjudication of guilty in accordance with the mandatory requirement set
forth in section 316.656(1). WOLF and KAHN, JJ., concur.
184-CITE: 685 So.2d 995 M.K.T., A Child, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. M.K.T., a juvenile, has appealed her convictions for armed trespass while
armed...riving privileges entered by the trial court on March 8, 1996. AFFIRMED IN PART; REVERSED
IN PART; AND REMANDED. HARRIS and THOMPSON, JJ., concur.
185-CITE: 596 So.2d 768 Vicente H. URIBE, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Vicente H. Uribe, while driving without a valid license, drove into the rear
...e is blank. (FN2) On remand, the trial court might wish to consider whether section 775.089(5),
Florida Statutes (1991) is appropriate in this case.
186-CITE: 656 So.2d 499 Ben D. LIVINGSTON, Appellant, v. TUCKER CONSTRUCTION & ENGINEERING, INC. and
Florida Unemployment Appeals Commission, Appellees.
TEXT: WHATLEY, Judge. The appellant, Ben D. Livingston, challenges an order of the Unemployment
Ap...r receipt of unemployment compensation benefits. Accordingly, the instant case is reversed and
remanded. DANAHY, A.C.J., and CAMPBELL, J., concur.
187-CITE: 505 So.2d 1361 Tracy BROXSON, Appellant, v. State of Florida, Appellee.
TEXT: PER CURIAM. Appellant Tracy Broxson seeks review of his conviction and sentence on charges
o...s aware of what was happening, conclude the trial court erred in failing to instruct the jury on
voluntary intoxication and would reverse point two.
188-CITE: 717 So.2d 617 Thomas WOOD, Appellant, v. STATE of Florida, Appellee.
TEXT: WEBSTER, Judge. Appellant was charged in county court with driving a motor vehicle while
his...tment of Bus. & Prof l Regulation, 695 So.2d 357 (Fla. 4th DCA), review denied, 698 So.2d 839
(Fla.1997). AFFIRMED. JOANOS and ALLEN, JJ., concur.
189-CITE: 752 So.2d 6 Edner MICHEL and Fritz Joseph, Appellants, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, J. Edner Michel [ Michel ] and Fritz Joseph [ Joseph ] appeal their convictions
for...at defendants knowingly drove the vehicle under circumstances that would likely cause the
death of another. AFFIRMED. W. SHARP, and PETERSON, JJ.,
190-CITE: 687 So.2d 30 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Julie McCaskill
SMITH, Respondent.
TEXT: KAHN, Judge. The Department of Highway Safety and Motor Vehicles (Department) seeks a writ
o...rari, QUASH the order under review, and direct the circuit court to enter an order upholding the
suspension. BARFIELD, C.J., and DAVIS, J., concur.
191-CITE: 634 So.2d 1074 STATE of Florida, Petitioner, v. Harold COOPER, Respondent.
TEXT: McDONALD, Justice. We review Cooper v. State, 621 So.2d 729, 732 (Fla. 5th DCA 1993),
becaus... approve the decision of the district court of appeal. It is so ordered. BARKETT, C.J.,
and OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
192-CITE: 483 So.2d 528 Kenneth ROBERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. Appellant appeals his sentence because the trial court exceeded the
recommen...ce is quashed and this cause remanded for resentencing in accordance with the guidelines.
REVERSED and REMANDED. UPCHURCH and COWARD, JJ., concur.
193-CITE: 654 So.2d 1280 George HAGES, Appellant, v. HUGHES ELECTRICAL SERVICE, INC. and Liberty Mutual
Insurance Co., Appellees.
TEXT: PER CURIAM. The claimant appeals a workers compensation order in which the judge of
compensa...at the claimant was not driving the vehicle for purposes other than work. Reversed.
ZEHMER, C.J., BARFIELD, J., and SHIVERS, Senior Judge, concur.
194-CITE: 729 So.2d 534 The STATE of Florida, Appellant, v. Douglas PELICANE, Appellee.
TEXT: PER CURIAM. The State appeals the trial court s refusal to adjudicate the defendant,
Douglas...cordingly, because the State failed to prove that this defendant had three prior DUI
convictions, the judgment entered below is affirmed. Affirmed.
195-CITE: 477 So.2d 1088 John PILLA, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. Appellant was convicted of driving while his license was suspended. He was
se...ons, and to sentence appellant in accordance with the foregoing authorities. REVERSED AND
REMANDED with directions. LETTS and HURLEY, JJ., concur.
196-CITE: 509 So.2d 382 EVAC AMBULANCE, etc., Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et al.,
Appellees.
TEXT: UPCHURCH, Chief Judge. The employer, EVAC Ambulance, appeals from a judgment awarding
unempl...eferee and the commission erroneously concluded that the paramedic was entitled to
unemployment benefits. REVERSED. SHARP and COWART, JJ., concur.
197-CITE: 691 So.2d 535 Viktor LESCHKA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this appeal from convictions and sentences for aggravated battery and false
i...rovide a defense to a general intent offense. Linehan, 476 So.2d at 1264. DANAHY, A.C.J.,
WHATLEY, J., and ROSMAN, JAY B., Associate Judge, concur.
198-CITE: 704 So.2d 1155 Robert MITCHELL, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We grant the petition for writ of certiorari. The trial court failed to
instruct...conviction and sentence, and remand to the trial court for further proceedings consistent
with this opinion. POLEN, SHAHOOD and GROSS, JJ., concur.
199-CITE: 751 So.2d 749 Paul L. ANDERSON, Petitioner, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR
VEHICLES, Respondent.
TEXT: PETERSON, J. Paul Anderson petitions for a writ of certiorari that would order the circuit
c...ng that it had no authority to issue the stay. WRIT DENIED. DAUKSCH and COBB, JJ., concur.
------------ (FN1) Ch. 99-248, Section 45, Laws of Fla.
200-CITE: 580 So.2d 324 Demetrius McDOUGAL, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant appeals from the denial of his motion to suppress cocaine found on
h...ein v. State, 521 So.2d 371 (Fla. 2d DCA 1988). Reversed and remanded for proceedings
consistent herewith. DANAHY, A.C.J., and PARKER, J., concur.
201-CITE: 734 So.2d 483 Carl SHINGLEDECKER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Carl Shingledecker was convicted of driving under the influence and driving
whil...); Czubak v. State, 570 So.2d 925, 928 (Fla.1990). Accordingly, we affirm appellant s
convictions. AFFIRMED. DELL, SHAHOOD and GROSS, JJ., concur.
202-CITE: 563 So.2d 728 The STATE of Florida, Appellant, v. Douglas CARTER, Appellee.
TEXT: PER CURIAM. Appellee, Douglas Carter, was charged with driving under the influence in
violat...d purpose. Accordingly, we grant certiorari, quash the order under review, and remand the
case for further proceedings consistent with this opinion.
203-CITE: 600 So.2d 526 Roy PENNANT, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. Roy Pennant appeals his convictions and guideline departure sentences
ste... convictions. We reverse the departure sentences and remand for resentencing within the
sentencing guidelines. RYDER, A.C.J., and BLUE, J., concur.
204-CITE: 737 So.2d 1121 STATE of Florida, Appellant, v. Pequita L. GOSIER, a k a Piquita L. Gosier,
Appellee.
TEXT: SCHACK, LARRY, Associate Judge. The defendant in this case was charged with felony level
dri...ea and sentencing. *1124 she declines to do so, for the imposition of a guidelines sentence.
REVERSED AND REMANDED. GROSS and TAYLOR, JJ., concur.
205-CITE: 624 So.2d 355 STATE of Florida, Appellant, v. Robert N. SMITH, Appellee.
TEXT: PATTERSON, Judge. The state appeals the dismissal of the charge against Smith for driving
wi... be used to bootstrap a misdemeanor into a felony. We affirm the trial court based on Winters
and Joyce. Hall, A.C.J., and THREADGILL, J., concur.
206-CITE: 543 So.2d 807 Sherry Kay LYNN, Appellant, v. PHILADELPHIA AMERICAN LIFE INSURANCE CO.,
Travelers Insurance Co., Myrtle King Lynn, Individually and as Personal Representative of the Estate
of Donald Earl Lynn, and Ivy Earl Lynn, Appellees.
TEXT: CAMPBELL, Chief Judge. Appellant appeals the final judgment that denied her the right to
col... weight of the evidence demonstrates that appellant s acts equate to an intentional killing of
her husband. Affirmed. SCHEB and HALL, JJ., concur.
207-CITE: 440 So.2d 432 Joseph Donald GANDY, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. Gandy appeals from his conviction for battery on a law enforcement officer.
We...its sound discretion in excluding surrebuttal evidence. The judgment and sentence of the trial
court is affirmed. SHIVERS and ZEHMER, JJ., concur.
208-CITE: 532 So.2d 91 Jeffrey ABRAHAM, Appellant, v. STATE of Florida, Appellee.
TEXT: COOK, JACK H., Associate Judge. Jeffrey Abraham appeals from a judgment of conviction and
se...udgment and sentence are reversed and the cause is remanded for further proceedings consistent
with this opinion. GLICKSTEIN and DELL, JJ., concur.
209-CITE: 612 So.2d 661 Norma STOVER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s convictions but reverse and remand on two sentencing
issue...d with directions that appellant s sentence be corrected in accord herewith. ANSTEAD,
WARNER, JJ., and OWEN, WILLIAM C., JR., Senior Judge, concur.
210-CITE: 550 So.2d 79 Michael T. CALLAHAN, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Acting Chief Judge. The appellant, Michael Callahan, was convicted of sale or
delivery...lty or delinquent of any violation of section 893 involving any substance listed in
sections 893.03(1) or (2). Section 322.055(1), Fla.Stat. (1987).
211-CITE: 543 So.2d 312 Cindilou BREEDING, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant appeals her conviction and sentence for vehicular homicide and
lea...afety of persons or property, the standard set out by the trial court in this instructions to
the jury. Cf. Smith v. State, 65 So.2d 303 (Fla.1953).
212-CITE: 728 So.2d 329 J.C. JOYNER, a k a Tony Jones, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant-appellant J.C. Joyner appeals an order summarily denying his motion
fo...tions of the record conclusively refuting the defendant s allegations, or to conduct an
evidentiary hearing. See Jenkins v. State, 625 So.2d at 885.
213-CITE: 657 So.2d 1 Charlie McCRAY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Charlie McCray appeals his conviction of possession of cocaine. He contends the
...dered moot by our resolution of the suppression issue. Reversed and remanded with directions.
FRANK, C.J., and PATTERSON and LAZZARA, JJ., Concur.
214-CITE: 567 So.2d 49 STATE of Florida, Appellant, v. Landon Todd WALTERS, Appellee.
TEXT: RYDER, Acting Chief Judge. The state challenges the trial court s order reducing sentence,
w...s needed to accomplish the permanent revocation. Reversed and remanded with instructions.
LEHAN, J. and LUTEN, CLAIRE K., Associate Judge, Concur.
215-CITE: 558 So.2d 398 Robert David HEINEY, Petitioner, v. Richard L. DUGGER, Respondent. Robert David
HEINEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robert David Heiney, under sentence of death and the governor s death warrant,
p...to consider any of this evidence, mistakenly believing that he could not do so. I cannot
conclude that this was harmless error. KOGAN, J., concurs.
216-CITE: 538 So.2d 931 Dennis W. SOLOMON, Appellant, v. STATE of Florida and the Florida Department of
Motor Vehicles, Appellees.
TEXT: WIGGINTON, Judge. Dennis Solomon brings this appeal from the trial court s Order on Implied
...ublic highways. Id. Accordingly, the trial court s order suspending Solomon s driving privileges
is AFFIRMED. WENTWORTH and THOMPSON, JJ., concur.
217-CITE: 535 So.2d 711 STATE of Florida, Petitioner, v. Debra KEARNEY, Respondent.
TEXT: PER CURIAM. The state charged Debra Kearney with several offenses, including inter alia,
DUI...uirements of law in denying the state s motion in limine. Petition for writ of certiorari
denied. SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.
218-CITE: 632 So.2d 69 THE FLORIDA BAR, Complainant, v. T. Michael PRICE, Respondent.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar and the referee s report
reg...el Price, for which sum let execution issue. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
219-CITE: 621 So.2d 729 Harold COOPER, Appellant, v. STATE of Florida, Appellee.
TEXT: DIAMANTIS, Judge. Harold Cooper appeals his judgment and sentence. We affirm in part and
rev...bility to the instant case involving the issue of whether a defendant can be convicted of two
or more homicide offenses arising from a single death.
220-CITE: 505 So.2d 455 Johnnie Lee UPSHAW, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant appeals the denial of his motion for discharge for
f...nial of his motion for discharge. The denial being proper, we therefore affirm the appellant s
judgment and sentence. LEHAN and FRANK, JJ., concur.
221-CITE: 473 So.2d 22 Tom P. LINQUIST, Appellant, v. Mark H. BOYD and Sharon Boyd, his wife, Appellees.
TEXT: PER CURIAM. The defendant Tom P. Linquist appeals a partial summary judgment on liability
en...362 So.2d 414, 416-17 (Fla. 2d DCA 1978). The partial summary judgment appealed from is
reversed and the cause is remanded for further proceedings.
222-CITE: 458 So.2d 320 Lloyd E. ALBRITTON, Appellant, v. STATE of Florida, Appellee.
TEXT: COWART, Judge. This is another sentencing guidelines case. (FN1) The defendant pled guilty
...t reasons as well as sufficient ones, see Higgs v. State, 455 So.2d 451 (Fla. 5th DCA 1984). Cf.,
Young v. State, 455 So.2d 551 (Fla. 1st DCA 1984).
223-CITE: 700 So.2d 151 Clementa Leaford JOHNSON, Appellant, v. The STATE of Florida, Appellee.
TEXT: COPE, Judge. Clementa Johnson appeals the inclusion of severe victim injury points in the
ca...e ceased their actions after the property was taken, but then took the further step of shooting
the victim in an effort to silence him as a witness.
224-CITE: 558 So.2d 179 Brian David FERRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Chief Judge. Appellant, Brian David Ferris, appeals his judgment and sentence
aris... the court-imposed suspension of appellant s driver s license. The judgment and sentence is
otherwise affirmed. DANAHY and ALTENBERND, JJ., concur.
225-CITE: 697 So.2d 230 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. James F.
SINCLAIR, Jr., Appellee.
TEXT: POLEN, Judge. The Department of Highway Safety and Motor Vehicles (DHSMV) appeals from a
fin...e above statutes because it is up to DHSMV to issue a hardship license after certain
conditions precedent are met. GUNTHER and FARMER, JJ., concur.
226-CITE: 745 So.2d 1026 STATE of Florida, Appellant, v. Ferris Michele PALEVEDA, Appellee.
TEXT: PER CURIAM. The State challenges an order which dismisses a cocaine possession charge
agains...se is reversed and remanded for reinstatement of the possession charge. Reversed and
remanded. PATTERSON, C.J., THREADGILL and GREEN, JJ., Concur.
227-CITE: 510 So.2d 612 The STATE of Florida, Appellant, v. Ronald HOWARD, Appellee.
TEXT: NESBITT, Judge. Howard was charged with driving while under the influence, pursuant to
secti...oes not fall within the limited exceptions listed in section 316.2065, it is the legislature
s expressed intention that bicyclists be bound thereby.
228-CITE: 706 So.2d 41 STATE of Florida, Petitioner, v. M.D., a child, Respondent.
TEXT: PER CURIAM. The State petitions this court for certiorari and mandamus relief from the
juven...ntil May 5, 1998, quashed, and remanded for further proceedings consistent with this
opinion. ALTENBERND, A.C.J., and BLUE and FULMER, JJ., concur.
229-CITE: 609 So.2d 679 Carlton MANSELL, a k a Antonio Green, Appellant, v. STATE of Florida, Appellee.
TEXT: KAHN, Judge. Carlton Mansell appeals his conviction and sentence for possession of cocaine,
...rt abused its discretion are two separate and distinct appellate functions ). REVERSED and
REMANDED for a new trial. MINER and ALLEN, JJ., concur.
230-CITE: 498 So.2d 1033 SUSAN LOVERINGS FIGURE SALON and Aetna Life & Casualty, Appellants, v. Trisha
McRORIE, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order finding
appe...no competent, substantial evidence in support thereof. Accordingly, we reverse the order
below. BOOTH, C.J., and MILLS and WENTWORTH, JJ., concur.
231-CITE: 636 So.2d 197 Anthony NEAL a k a Ward Neal, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Anthony Neal a k a Ward Neal appeals from an order denying his motion for
post-c...er an order vacating appellant s conviction of driving with a suspended license. REVERSED
and REMANDED. DELL, C.J., HERSEY and STONE, JJ., concur.
232-CITE: 757 So.2d 548 Robert FECSKE, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, J. Robert Fecske appeals after a jury convicted him of unlawful blood alcohol (UBAL)
...o the other issues raised in Fecske s appeal, we affirm as unpersuasive. AFFIRMED in part;
REVERSED and REMANDED. FARMER and HAZOURI, JJ., concur.
233-CITE: 752 So.2d 625 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Danny HASKINS, Respondent.
TEXT: PER CURIAM. The Department of Highway Safety and Motor Vehicles seeks certiorari review of
a...oncur. ------------ (FN1) Section 901.151(2) Florida Statutes (1991), has not been amended since
State v. Taylor, 648 So.2d 701 (1995), was decided.
234-CITE: 481 So.2d 547 Diane WILLIAMS, Appellant, v. UTAH HOME FIRE INSURANCE COMPANY, Appellee.
TEXT: COBB, Chief Judge. The issue on this appeal concerns the availability of PIP coverage to a
p...gation on the part of Thomas (and Utah) to provide PIP protection to passengers in a nonowned
vehicle. AFFIRMED. UPCHURCH, and SHARP, JJ., concur.
235-CITE: 736 So.2d 1249 William Scott LARCHER, et al., Petitioners, v. DEPARTMENT OF HIGHWAY SAFETY &
MOTOR VEHICLES, STATE OF FLORIDA, Respondent.
TEXT: PER CURIAM. Petitioners William S. Larcher, Velma L. Betty and Jacques Lawlor seek
certiorar...stant facts and circumstances. The circuit court correctly denied relief on authority of
Degrossi AFFIRMED. DAUKSCH, COBB and GRIFFIN, JJ. concur.
236-CITE: 674 So.2d 174 Jerald A. ANDERSON, Appellant, v. ARMOR INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Jerald A. Anderson appeals a final summary judgment entered in favor of Armor
In...gment in favor of Armor because there remain disputed questions of fact. Reversed and
remanded. FRANK, A.C.J., and PARKER and QUINCE, JJ., concur.
237-CITE: 587 So.2d 1148 Eric C. NORSTROM, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. We reverse appellant s conviction on counts of vehicular homicide, culpable
ne...r incriminating statements inadmissible and contributes little, if anything, to the welfare of
society. Such appears to me to be what happened here.
238-CITE: 503 So.2d 908 Wallace S. LEWIS and Patricia Lewis, Appellants, v. CINCINNATI INSURANCE
COMPANY, Appellee.
TEXT: SHARP, Judge. The Lewises appeal from a final summary judgment denying Wallace Lewis
uninsur.... Co. of Hartford v. Beem, 469 So.2d 138 (Fla. 3rd DCA 1985). (FN3) Cf. Curtin v. State
Farm Mut. Auto. Ins. Co., 449 So.2d 293 (Fla. 5th DCA 1984).
239-CITE: 718 So.2d 270 Bernard E. HITE, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Hite was charged with leaving the scene of an accident resulting in death
and...ed by Hite to his brothers and which admissions were introduced into evidence without
objection. AFFIRMED. GRIFFIN, C.J., and DAUKSCH, J., concur.
240-CITE: 717 So.2d 1124 STATE of Florida, Appellant, v. J.M.H., a child, Appellee.
TEXT: PER CURIAM. The order denying the state s motion to suspend the child s driving privileges
i...41 (Fla. 2d DCA 1998); State v. R.N., 597 So.2d 862 (Fla. 5th DCA 1992). REVERSED and REMANDED.
GRIFFIN, C.J., and COBB and THOMPSON, JJ., concur.
241-CITE: 624 So.2d 808 Fidel MARIN, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Fidel Marin appeals from a judgment of conviction and sentence for driving
under...ntenced in case number 92-17084, he entered a plea of nolo contendere to charges filed in
case number 92-31026 and was then sentenced in both cases.
242-CITE: 732 So.2d 1127 Melissa ROBERTS, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We deny this petition for certiorari seeking review of the final order of the
ci...a partrolman to determine the reason for its unusual operation. ) Therefore, the petition is
denied. STONE, C.J., WARNER and HAZOURI, JJ., concur.
243-CITE: 587 So.2d 632 Augustine Antonio LEDO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse the defendant s cocaine trafficking conviction and order a new trial
...ble cause exception to the hearsay rule). Based on the foregoing, the defendant s conviction is
reversed and the cause is remanded for a new trial.
244-CITE: 491 So.2d 1210 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES of the State of Florida,
Appellant, v. Dennis Cole MOREA, Appellee.
TEXT: NIMMONS, Judge. This is an appeal from an order of Leon County Circuit Court finding that
th...hat the Department did not erroneously revoke Morea s license. Accordingly, the trial court s
order is REVERSED. MILLS and WENTWORTH, JJ., concur.
245-CITE: 644 So.2d 513 Terri Dianne BRYANT, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Judge. The court sua sponte files the following connected opinion: Bryant appeals
...there is no basis to set aside a conviction for an offense to which the appellant pleaded guilty.
AFFIRMED. HARRIS, C.J. and THOMPSON, J., concur.
246-CITE: 751 So.2d 780 STATE of Florida, Appellant, v. Carmel Lashone BOSTICK, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order granting a motion to suppress evidence
which... *781 The order of suppression is quashed and this cause remanded for further proceedings.
ORDER QUASHED; REMANDED. COBB and HARRIS, JJ., concur.
247-CITE: 717 So.2d 193 Shawn ARTHUR, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, Judge. Shawn Arthur appeals his conviction and sentence for aggravated assault,
se...e should excuse such assault. Arthur should not be able to deny the charge and, at the same
time, claim that he committed the act to defend himself.
248-CITE: 508 So.2d 48 Barry NELSON, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. By petition for writ of certiorari, Barry Nelson (Nelson) seeks review of a
judg...te v. Hoch, 500 So.2d 597 (Fla. 3d DCA 1986), which answers all of petitioner s arguments.
Certiorari denied. DOWNEY, LETTS and DELL, JJ., concur.
249-CITE: 721 So.2d 767 STATE of Florida, Appellant, John WARNER, Appellee.
TEXT: KLEIN, Judge. After the trial court suggested the sentence it would impose in response to a
... (FN3) See Baker v. State, 377 So.2d 17 (Fla.1979); Ingram v. Pettit, 340 So.2d 922 (Fla.1976);
Lindsay v. State, 606 So.2d 652 (Fla. 4th DCA 1992).
250-CITE: 679 So.2d 1274 Marcus F. SINGER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Marcus Singer appeals the denial of his motion to correct an illegal sentence.
W...cts, the order denying relief is affirmed. Affirmed in part, reversed in part and remanded.
SCHOONOVER, A.C.J., and BLUE and WHATLEY, JJ., concur.
251-CITE: 595 So.2d 1070 Barbara WHITING, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. The appellant challenges the denial of her motion to suppress a concealed
...therefore, the appellant s admission and the firearm were unlawfully obtained. Reversed and
remanded. HALL, J., concurs. RYDER, A.C.J., dissents.
252-CITE: 490 So.2d 176 John Robert KIRK, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. Appellant Kirk appeals his sentence imposed in excess of recommended
guideli...s vacated and remanded to the trial court for resentencing in accordance with this
opinion. VACATED and REMANDED. UPCHURCH and SHARP, JJ., concur.
253-CITE: 700 So.2d 464 Jurandir ALBUGUERGUE, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, Judge. Appellant was convicted of aggravated battery and appeals, arguing that the
tr... body builder and the appellant, age forty-nine, was slight. We therefore reverse and remand
for a new trial. GLICKSTEIN and PARIENTE, JJ., concur.
254-CITE: 547 So.2d 1010 CITY OF JACKSONVILLE, a body politic, Appellant Cross-Appellee, v. W.R.
FAIRCHILD CONSTRUCTION CO., LTD., a corporation, for the Use and Benefit of CADDELL CONSTRUCTION
CO., a corporation, Appellees Cross-Appellants.
TEXT: BARFIELD, Judge. The City of Jacksonville appeals from a judgment in favor of W.R.
Fairchild... as the City contends, that there is no ambiguity. The issue should not have reached the
experts. REVERSED. SHIVERS, C.J., and ZEHMER, J., concur.
255-CITE: 676 So.2d 44 Glen Michael CALDWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was convicted on two counts of manslaughter and sentenced to
departure...N? Accordingly, we reverse the sentences and remand to the trial court for
resentencing. MINER and LAWRENCE, JJ., and SMITH, Senior Judge, concur.
256-CITE: 706 So.2d 925 C.B., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. C.B. challenges the order adjudicating him delinquent and committing him to
the...d C.B. s driving privileges pursuant to section 322.056. Reversed and remanded. ALTENBERND,
A.C.J., and YOUNG, ROBERT A., Associate Judge, concur.
257-CITE: 571 So.2d 113 Craig MOYE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s conviction of vehicular homicide by reckless driving and
r...ess conduct set out in McCreary v. State, 371 So.2d 1024 (Fla.1979). ANSTEAD and GLICKSTEIN,
JJ., and OFTEDAL, RICHARD L., Associate Judge, concur.
258-CITE: 616 So.2d 531 Terry EALY, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals his conviction, after jury trial, of vehicular homicide
... for resentencing on the three remaining charges accordingly. Reversed and remanded. MICKLE,
J., and JORGENSON, JAMES R., Associate Judge, concur.
259-CITE: 733 So.2d 564 Roger WALKER, Appellant, v. STATE of Florida, Appellee.
TEXT: WHATLEY, Judge. Roger Walker appeals his convictions of carrying a concealed weapon and
burg...gly, Walker s conviction for carrying a concealed weapon is reversed. Affirmed in part;
reversed in part. BLUE, A.C.J., and CASANUEVA, J., Concur.
260-CITE: 727 So.2d 266 McFARLAND & SON, INC., etc., et al., Appellant Cross-Appellees, v. Royal Mende
BASEL and Steven Kane, etc., Appellees Cross-Appellants.
TEXT: GOSHORN, J. McFarland & Son, Inc. and Jonathan Queen (Defendants) appeal the final judgment
...t, the court shall enter judgment with respect to economic damages against that party on the
basis of the doctrine of joint and several liability.
261-CITE: 522 So.2d 418 Purvis TAYLOR, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The appellant, Purvis Taylor, was convicted of manslaughter by driving while
in...ial motion based upon newly-discovered evidence. REVERSED and REMANDED for new trial. SHARP,
C.J., concurs. COWART, J., dissents without opinion.
262-CITE: 706 So.2d 923 Randy LOVE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Randy Love appeals his conviction for possession of cocaine after pleading no
co... directions that Love s motion to suppress be granted. Reversed and remanded with directions.
PATTERSON, A.C.J., and BLUE and FULMER, JJ., concur.
263-CITE: 634 So.2d 1103 Andrew JACKSON, Appellant Cross-Appellee, v. STATE of Florida, Appellee
Cross-Appellant.
TEXT: EN BANC KLEIN, Judge. We affirm appellant s convictions for driving under the influence,
bu...ify conflict with Pulaski. DELL, C.J., and ANSTEAD, HERSEY, GLICKSTEIN, GUNTHER, STONE,
WARNER, POLEN, FARMER, PARIENTE and STEVENSON, JJ., concur.
264-CITE: 553 So.2d 349 STATE of Florida, Petitioner, v. Craig Eugene EASTMAN, Respondent.
TEXT: PER CURIAM. This is a petition for writ of certiorari in which the state seeks relief from
a...la. 2d DCA 1974). The circuit court here advisedly relied upon Judge Baskin s dissent and upon
Rucker. ANSTEAD, GLICKSTEIN and WARNER, JJ., concur.
265-CITE: 446 So.2d 202 The STATE of Florida, Appellant, v. Jerry Lee LAWSON, Appellee.
TEXT: PER CURIAM. The only issue on appeal is whether the stop of the defendant s vehicle which
be...he businesses had been closed. The trial court heard the testimony then correctly found the
facts unsupportive of founded suspicion. I would affirm.
266-CITE: 744 So.2d 1145 Tauric Lamar GRIGGS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Tauric Lamar Griggs (appellant) appeals from an order summarily denying his
moti...aring or the attachment of portions of the *1146 record which conclusively refute appellant s
claim. WARNER, C.J., FARMER and HAZOURI, JJ., concur.
267-CITE: 523 So.2d 1215 Alice F. GORDAY, as Guardian of James Thomas Brown; and James Thomas Brown,
individually, Appellants, v. Darrell FARIS, a k a Chris Faris, and Jerry M. Faris, Appellees.
TEXT: SMITH, Chief Judge. Appellants, Alice Gorday and James Thomas Tommy Brown, seek review of
th...judgment appealed is therefore REVERSED, and this cause is REMANDED for further proceedings
consistent herewith. WENTWORTH and JOANOS, JJ., concur.
268-CITE: 748 So.2d 386 G. Calvin BELT, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, J. G. Calvin Belt appeals the denial of his Rule 3.850 motion for post-conviction
...ct an evidentiary hearing to establish that Belt is entitled to no relief. REVERSED AND REMANDED
with instructions. COBB and GRIFFIN, JJ., concur.
269-CITE: 596 So.2d 1139 Walter O. BRADFORD, Jr., and Janice K. Bradford, his wife, Richard Allen Cabral
and Donna S. Cabral, his wife, Appellants, v. William Clyde LEWIS, White Star Carriers, Inc., and
Florida Trailer Sales, Inc., Appellees.
TEXT: PER CURIAM. AFFIRMED. The appellants claim reversible error in the trial court s failure to
... the ruling prejudiced appellant. See Irwin v. Blake, 589 So.2d 973, 974 (Fla. 4th DCA 1992)
(Polen, J., concurring in part and dissenting in part).
270-CITE: 744 So.2d 1187 John STIFFLER, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant pleaded nolo contendere to possession of cocaine and possession
o... State, 707 So.2d 893 (Fla. 2d DCA 1998). Accordingly, we reverse the denial of the motion to
suppress. PATTERSON, C.J. and CASANUEVA, J., Concur.
271-CITE: 603 So.2d 1301 PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellant, v. Cathy HUNTER, Appellee.
TEXT: HERSEY, Judge. This case presents an issue involving uninsured motorist s coverage and
requi...that factor. We reverse and remand for such further proceedings as may be appropriate.
DOWNEY, J., and ALDERMAN, JAMES E., Senior Justice, concur.
272-CITE: 450 So.2d 1249 STATE of Florida, Appellant, v. Willie James WARREN, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order suppressing evidence. Appellee was arrested
...ressing the evidence is reversed and this cause remanded for trial. REVERSED and REMANDED.
ORFINGER, C.J., and FRANK D. UPCHURCH, Jr., J., concur.
273-CITE: 687 So.2d 845 Darrell NANTZ, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Acting Chief Judge. Darrell Nantz, who was adjudicated guilty of two counts of
Drivin...ce, within the guidelines, of no more than 8.5 years. Reversed and remanded for
resentencing within the guidelines. BLUE and LAZZARA, JJ., concur.
274-CITE: 442 So.2d 239 STATE of Florida, Appellant, v. Kenneth A. SOWERS and Larry Gene Johnston,
Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a county court order suppressing evidence in a
crimin... v. Neville. The order appealed is reversed and this cause remanded for further
proceedings. REVERSED and REMANDED. COBB and COWART, JJ., concur.
275-CITE: 439 So.2d 916 Robert BOLAND, Appellant, v. SUNCOAST RENT-A-SCOOTER, INC., Robert Leo Jean and
ABC Insurance Company, Appellees.
TEXT: HOBSON, Acting Chief Judge. Appellant, Robert Boland, appeals the trial court s final
judgme...r to the submission of evidence at trial. See Cashell at 562. REVERSED and REMANDED for
further proceedings. CAMPBELL and SCHOONOVER, JJ., concur.
276-CITE: 664 So.2d 25 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v.
Michael LITSCH, Appellee.
TEXT: STONE, Judge. We affirm an order directing the State of Florida, Department of Highway
Safet... of a substance abuse education class, notwithstanding such a court order. Therefore, the
judgment is affirmed. GLICKSTEIN and FARMER, JJ., concur.
277-CITE: 603 So.2d 624 Kenneth WRIGHT, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This case is before us on remand from the Supreme Court of Florida for further
c...e. Accordingly, we vacate the departure sentence imposed and remand with instructions to
resentence Wright within the presumptive guidelines range.
278-CITE: 576 So.2d 918 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Shawn CULVER and
David Blaskey, Appellees.
TEXT: CAMPBELL, Judge. The primary issue for our determination in this appeal is whether
appellant... to Blaskey, it also owed no duty to Culver, who was merely the driver of the vehicle.
Reversed and remanded. SCHEB, A.C.J., and FRANK J., concur.
279-CITE: 468 So.2d 985 Gerald BOOHER, Petitioner, v. PEPPERIDGE FARM, INC., and Liberty Mutual
Insurance Company, Respondents.
TEXT: McDONALD, Justice. We have for review Pepperidge Farm, Inc. v. Booher, 446 So.2d 1132 (Fla.
...nt that it conflicts with this opinion. It is so ordered. BOYD, C.J., and OVERTON, ALDERMAN,
EHRLICH and SHAW, JJ., concur. ADKINS, J., dissents.
280-CITE: 742 So.2d 419 John C. WILLIS, Appellant, v. STATE of Florida, Appellee.
TEXT: ANTOON, C.J. John Willis appeals the sentences imposed upon his convictions for felony
drivi... AFFIRMED; CAUSE REMANDED FOR CLARIFICATION. COBB and PETERSON, JJ., concur. ------------
(FN1) Sections 316.193, 322.34, 784.07, Fla.Stat. (1997).
281-CITE: 744 So.2d 1180 STATE of Florida, Appellant, v. Clifford DAVIDSON, Appellee.
TEXT: WHATLEY, Judge. The State appeals the order suppressing the cocaine found during a search
of...se the order granting the motion to suppress and remand for further proceedings. Reversed and
remanded. ALTENBERND, A.C.J., and DAVIS, J., Concur.
282-CITE: 734 So.2d 1187 STATE of Florida, Appellant, v. Raymond A. BROWN, Appellee.
TEXT: THREADGILL, Acting Chief Judge. The State challenges an order which finds the offense of
dri...n remand, count one of the information shall be reinstated and further proceedings conducted
in accord therewith. PARKER and STRINGER, JJ., Concur.
283-CITE: 547 So.2d 1062 Anthony Robert MANDILE, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. The appellant pleaded guilty and was convicted of burglary,
deal...s are affirmed. We remand the case to the trial court for further proceedings in compliance
with section 322.26. LEHAN and ALTENBERND, JJ., Concur.
284-CITE: 523 So.2d 777 Alvin WOODARD, Barbara Woodard, and the Estate of Barbara Woodard, Appellants,
v. Michael D. BARKLEY, Appellee.
TEXT: FRANK, Judge. The appellants, Alvin Woodard, Barbara Woodard, and The Estate of Barbara
Wood..., however does not persuade us to a different result. Based upon the foregoing, we affirm
the judgment. SCHEB, A.C.J., and SCHOONOVER, J., concur.
285-CITE: 626 So.2d 188 In re Inquiry Concerning a Judge re Linda Ann GLOECKNER.
TEXT: PER CURIAM. We are called upon to enter an appropriate order in a disciplinary matter
regard...s reprimanded for the event described above. It is so ordered. BARKETT, C.J., and
OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
286-CITE: 699 So.2d 339 James RAULERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: ANTOON, Judge. James Raulerson (defendant) appeals his judgment and sentence for felony
driv...n and an adjudication of guilt. ------------ (FN1) It is not argued that there were not
formal adjudications of the qualifying offenses in our case.
287-CITE: 752 So.2d 98 John Chad PALMER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. John Chad Palmer appeals his judgments and sentences in two cases following the
... we affirm that judgment and sentence. Affirmed in part, reversed in part, and remanded.
ALTENBERND, A.C.J., and GREEN and CASANUEVA, JJ., Concur.
288-CITE: 441 So.2d 1162 Raymond Lee SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: OTT, Chief Judge. Raymond Lee Smith pled nolo contendere to grand theft in the second
degree...(Fla. 2d DCA 1983). We find no error in imposition of the remaining conditions of
probation. AFFIRMED as modified. SCHEB and DANAHY, JJ., concur.
289-CITE: 737 So.2d 1117 Kelvin D. WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: NORTHCUTT, Acting Chief Judge. The State charged Kelvin White with possession of a firearm
(...uppressed. We reverse White s convictions, and we remand with directions to discharge him.
Reversed and remanded. GREEN and SALCINES, JJ., Concur.
290-CITE: 731 So.2d 784 Damion R. CARDER, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, J. Carder pled guilty to possession of a firearm by a convicted felon, (FN1) one
c...ror, we vacate all of the sentences and remand for re-sentencing. Sentences VACATED; REMANDED
for re-sentencing. THOMPSON and ANTOON, JJ., concur.
291-CITE: 674 So.2d 177 Wesley L. WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. The appellant was convicted of the second degree murder of Troy
... We find no error in the remaining points the appellant raised. Reversed and remanded for
further proceedings. SCHOONOVER and QUINCE, JJ., concur.
292-CITE: 582 So.2d 153 Robert F. D AGOSTINO, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. Appellant was tried for aggravated battery. At trial two witnesses, Van
Brigg...e impeachment. We are left with no alternative except to order a new trial. REVERSED AND
REMANDED FOR NEW TRIAL. GUNTHER and GARRETT, JJ., concur.
293-CITE: 435 So.2d 986 STATE of Florida, Appellant, v. Daryl Lee BOWLIN, Appellee.
TEXT: PER CURIAM. The state appeals an order suppressing from evidence a firearm found in the
pass... 3d DCA 1982), which is on all fours with the instant case, and Savoie v. State, 422 So.2d
308 (Fla.1982). LETTS, GLICKSTEIN and DELL, JJ., concur.
294-CITE: 745 So.2d 1108 Shawn BOWEN, Petitioner, v. The STATE of Florida, Respondent.
TEXT: COPE, J. Defendant-petitioner Shawn Bowen seeks certiorari review of a decision of the
circu...uestion now before us was not addressed in the Williams case. As the evidence was properly
admitted, the petition for writ of certiorari is denied.
295-CITE: 487 So.2d 1184 STATE of Florida, Appellant, v. James Patrick BARBERA, Appellee.
TEXT: LETTS, Judge. The State here appeals the decision of the trial judge to depart downward
from... v. State, 476 So.2d 158 (Fla.1985) and State v. Mischler, 488 So.2d 523 (Fla.1986).
REVERSED AND REMANDED. HERSEY, C.J., and GUNTHER, J., concur.
296-CITE: 649 So.2d 310 The STATE of Florida, Appellant, v. William VELEZ, also known as Humberto Barcos
Barrios, and Jesus Delgado, also known as Orlando Marquez, Appellees.
TEXT: SCHWARTZ, Chief Judge. We reverse the suppression of the cocaine seized following a police
s...reach the state s other contentions, including the apparently correct one that the stop was
justified by a founded suspicion of a narcotics offense.
297-CITE: 502 So.2d 1241 SEABOARD COASTLINE RAILROAD COMPANY, now known as Seaboard System Railroad,
Inc., Petitioner, v. Curtis ADDISON, Respondent.
TEXT: EHRLICH, Justice. We have for our review Seaboard Coastline Railroad Company v. Addison,
481...ing of the district court below on this question. It is so ordered. McDONALD, C.J., OVERTON,
SHAW and BARKETT, JJ., and ADKINS, J. (Ret.), concur.
298-CITE: 612 So.2d 584 The STATE of Florida, Petitioner, v. Francis H. KESTER, Respondent.
TEXT: NESBITT, Judge. The state seeks issuance of a writ of certiorari quashing an opinion of the
...93 (Fla.1983). Accordingly, the state s petition is granted. The opinion of the circuit court
appellate division is quashed and the cause remanded.
299-CITE: 725 So.2d 450 Robert SPIVAK and Andrea Spivak, Appellants, v. Helen Treadwell SHAW, Appellee.
TEXT: PER CURIAM. We affirm the judgment in the defendant s favor. Here, unlike the facts in Kao
v... evidence before it. Eppler v. Tarmac America, Inc., 695 So.2d 775, 777 (Fla. 1st DCA), review
granted, 705 So.2d 8 (Fla.1997). Judgement affirmed.
300-CITE: 561 So.2d 432 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Jennifer CEDOLIA,
Appellee.
TEXT: DOWNEY, Judge. Appellant, State Farm Mutual Automobile Insurance Company (State Farm),
timel...r further proceedings on the issue of coverage and such further matters as the trial court
finds appropriate. HERSEY, C.J., and WALDEN, J., concur.
301-CITE: 658 So.2d 1202 Boyd Frederick FULLER, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Boyd Fuller appeals from his judgment and sentence for trafficking in
coca...sitive motion to suppress and remand with instructions that Fuller be discharged. Reversed
and remanded. SCHOONOVER, A.C.J., and BLUE, J., concur.
302-CITE: 756 So.2d 262 Donald DARIO and Judy Dario, his wife, Appellants, v. Richard D. ROTH, Sheriff
of Monroe County, Florida, Appellee.
TEXT: COPE, J. Donald and Judy Dario appeal an adverse summary judgment in their negligence
action...to these plaintiffs, based on the authorities cited earlier in this opinion. See also
Carter v. City of Stuart, 468 So.2d 955 (Fla.1985). Affirmed.
303-CITE: 629 So.2d 307 STATE of Florida, Appellant, v. Philip E. SUCENA, Appellee.
TEXT: PER CURIAM. The state appeals an order dismissing, on double jeopardy grounds, a charge of
d..., we reverse the order of dismissal and remand for further proceedings consistent with Coupal.
CAMPBELL, A.C.J., PARKER and PATTERSON, JJ., concur.
304-CITE: 632 So.2d 1106 Lee A. MICHIE, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Chief Judge. Lee A. Michie appeals from judgments and sentences entered after a jury
...ended license, and vacate the judgments and sentences entered on those counts; in all other
respects we affirm. DANAHY and SCHOONOVER, JJ., concur.
305-CITE: 713 So.2d 1104 Cynthia WAINER, Appellant, v. Aida BANQUERO and Ernesto Banquero, Appellees.
TEXT: DELL, Judge. Cynthia Wainer appeals the trial court s denial of her motion for mistrial and
..., 299 So.2d 602 (Fla.1974). Accordingly, we reverse and remand this cause for a new trial.
REVERSED and REMANDED. GUNTHER and KLEIN, JJ., concur.
306-CITE: 668 So.2d 294 James Alan JACOBS, Appellant, v. STATE of Florida, Appellee.
TEXT: BENTON, Judge. On appeal from judgment and sentence imposed after a revocation hearing and
o...lized his reasons for revocation is already of record, and no purpose would be served by a
remand. Affirmed. JOANOS and VAN NORTWICK, JJ., concur.
307-CITE: 553 So.2d 371 Michael KUNZMANN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The portion of appellant s sentence suspending his driving privilege is hereby
v...ght v. State, 553 So.2d 372 (Fla. 2d DCA 1989). Otherwise, we affirm his conviction and
sentence. LEHAN, A.C.J., and FRANK and PARKER, JJ., concur.
308-CITE: 622 So.2d 1169 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, BUREAU OF DRIVER IMPROVEMENT,
STATE OF FLORIDA, Petitioner, v. Bradford James THOMPSON, Respondent.
TEXT: DIAMANTIS, Judge. The circuit court entered an order quashing the suspension of Bradford
Jam...h that a stop was not pretextual. See Kehoe v. State, 521 So.2d 1094, 1097 (Fla.1988); State
v. Gibson, 560 So.2d 1370, 1370-71 (Fla. 5th DCA 1990).
309-CITE: 492 So.2d 811 George PINO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is a petition for writ of certiorari seeking review of a three-judge
circui...his court of jurisdiction to review this cause on a petition for a writ of certiorari.
Combs v. State, 436 So.2d 93 (Fla.1983). Certiorari granted.
310-CITE: 719 So.2d 1245 STATE of Florida, Appellant, v. General Lee MITCHELL, Appellee.
TEXT: WEBSTER, Judge. The state seeks review of an order dismissing, as barred by double
jeopardy,...ense was suspended or revoked is affirmed. *1249 AFFIRMED IN PART; REVERSED IN PART;
and REMANDED, with directions. JOANOS and ALLEN, JJ., concur.
311-CITE: 731 So.2d 787 Patricio SANTIAGO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Patricio Santiago raised five issues in his motion for postconviction relief.
Th...propriate version of section 322.34, Florida Statutes. Affirmed in part, reversed in part, and
remanded. MINER, BENTON, and BROWNING, JJ., CONCUR.
312-CITE: 656 So.2d 268 STATE of Florida, Appellant, v. Charles LEWEK, Appellee.
TEXT: PER CURIAM. Appellee Lewek was charged with two counts of manslaughter, two counts of
vehicu...riate subject for a petition for writ of certiorari. REVERSED IN PART, DISMISSED IN PART,
AND REMANDED. GLICKSTEIN, WARNER and KLEIN, JJ., concur.
313-CITE: 478 So.2d 365 FLORIDA INSURANCE GUARANTY ASSOCIATION, etc., Appellant Petitioner, v. George
and Betty SECHLER, et al, Appellees Respondents.
TEXT: COWART, Judge. This case involves the construction of an exclusion clause in a liability
ins... willing to pay the premium. See, e.g., Oceanonics, Inc. v. Petroleum Distributing Co., 280
So.2d 874 (La.App.1973), affd., 292 So.2d 190 (La.1974).
314-CITE: 696 So.2d 949 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Natalie
Jessica-Jane BOND, Appellee.
TEXT: PER CURIAM. The State of Florida, Department of Highway Safety and Motor Vehicles (DMV),
app...950 The request for review is dismissed for lack of jurisdiction. DISMISSED. HARRIS and
PETERSON, JJ., concur. GRIFFIN, C.J., concurs in result.
315-CITE: 693 So.2d 596 Richard K. FERGUSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Acting Chief Judge. Richard Ferguson appeals from convictions of aggravated
assau...). That is clearly the case in regard to these three jurors. Therefore, we reverse and
remand for a new trial. ALTENBERND and LAZZARA, JJ., concur.
316-CITE: 453 So.2d 496 STATE of Florida, Appellant, v. Mark Alan PLAWCHAN, Appellee.
TEXT: JOANOS, Judge. State of Florida petitions for writ of certiorari to review circuit court s
d... certiorari is granted, the decision of the circuit court is quashed and the order of the trial
court is reinstated. SMITH and ZEHMER, JJ., concur.
317-CITE: 447 So.2d 328 George W. MOBLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, George W. Mobley, is challenging the trial court s retention of
juris...court based on Springfield v. State, 443 So.2d 484 (Fla. 2d DCA 1984), and Fredricks v.
State. GRIMES, A.C.J., and SCHEB and CAMPBELL, JJ., concur.
318-CITE: 703 So.2d 1158 Andre V. POOLE, Appellant, v. J.B. HUNT TRANSPORT, INC., and Florida
Unemployment Appeals Commission, Appellees.
TEXT: ALTENBERND, Acting Chief Judge. Andre V. Poole appeals the order of the Unemployment
Appeals...DCA 1995); see also Poppe v. Eclectic Bus. Machines, Inc., 661 So.2d 65 (Fla. 2d DCA
1995). Reversed and remanded. FULMER and QUINCE, JJ., concur.
319-CITE: 472 So.2d 1338 HARTFORD ACCIDENT AND INDEMNITY COMPANY, and Otis Parker, III, Appellants Cross
Appellees, v. Dolores B. OCHA, etc., et al., Appellees Cross Appellants.
TEXT: ANSTEAD, Judge. Otis Parker, III, and his insurance carrier, Hartford Accident & Indemnity
C...(Fla. 4th DCA 1970); and Gracie v. Deming, 213 So.2d 294 (Fla. 2d DCA 1968). For these reasons
I would reinstate Ocha s claim for punitive damages.
320-CITE: 512 So.2d 213 Clarence JACKSON, Steven G. Rinker and Glenn G. Rinker, Appellants, v. Barbara
TURNIPSEED and Joseph Turnispeed, Appellees.
TEXT: PER CURIAM. Affirmed. See Potamkin v. Horne, 505 So.2d 560 (Fla. 3d DCA 1987) (rehearing en
...ond) of the Laws of Torts as adopted by the dissent in the Potamkin case. Thus, although I joined
that dissent, I concur in affirmance in this case.
321-CITE: 638 So.2d 509 STATE of Florida, Appellant, v. Robert N. SMITH, Appellee.
TEXT: OVERTON, Justice. We have on appeal State v. Smith, 624 So.2d 355 (Fla. 2d DCA 1993), in
whi... driving under the influence, or improper handling of ultrahazardous substances such as
radioactive materials, poisons, or explosives, among others.
322-CITE: 485 So.2d 490 Scot Harding DAVIS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Because the disputed and equivocal circumstantial evidence that Davis was
drivin...23 (Fla.1976), the conviction below of manslaughter under Section 316.1931, Fla.Stat.
(1983) is reversed with directions to discharge the defendant.
323-CITE: 590 So.2d 1118 STATE of Florida, Appellant, v. Derrick K. JORDAN, Appellee.
TEXT: PER CURIAM. The state appeals from an order granting a motion to suppress physical
evidence....complete search of the arrestee s person and of the interior of the vehicle involved.
REVERSED AND REMANDED. DOWNEY, HERSEY and DELL, JJ., concur.
324-CITE: 502 So.2d 19 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES of the State of Florida
Appellant, v. John SPELLS, Appellee.
TEXT: FRANK, Judge. The Department of Highway Safety and Motor Vehicles has appealed from an
order...e reverse the declaratory judgment and reinstate the Department s order revoking Spells
license for ten years. DANAHY, C.J., and LEHAN, J., concur.
325-CITE: 691 So.2d 1127 Regina SMITH, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, as
subrogee of Leonardo Cutler and Debra Cutler, Appellee.
TEXT: SHEVIN, Judge. Regina Smith appeals an adverse summary judgment on liability. We affirm.
Lu... mind State Farm s settlement agreement with Suero and consider what impact it has on State
Farm s ability to recover damages from Smith. Affirmed.
326-CITE: 712 So.2d 1218 STATE of Florida, Appellant, v. Connie M. STRICKLER, Appellee.
TEXT: QUINCE, Judge. This case arises from Connie M. Strickler s arrest for driving without a
lice...See State v. Kennon, 652 So.2d 396 (Fla. 2d DCA 1995). We, therefore, affirm the dismissal
of this case. PARKER, C.J., and ALTENBERND, J., concur.
327-CITE: 530 So.2d 483 Jerry Eugene DURRETT, Appellant, v. STATE of Florida, Appellee.
TEXT: NIMMONS, Judge. Appellant was convicted, after trial by jury, of leaving the scene of an
acc... that count. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings
consistent with this opinion. ERVIN and JOANOS, JJ., concur.
328-CITE: 520 So.2d 681 Lloyd Eugene KORNEGAY, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Before us is an appeal from a judgment and sentence for manslaughter and
d...t the jury s verdict. Based on the foregoing, the judgment of conviction and sentence for
manslaughter is affirmed. BOOTH and ZEHMER, JJ., concur.
329-CITE: 518 So.2d 916 THE FLORIDA BAR, Complainant, v. Don R. ALLEN, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before the Court upon the respondent s
condition...er the terms and conditions set forth above. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
330-CITE: 745 So.2d 1156 Michael E. GOWINS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Pursuant to section 322.201, Florida Statutes (1997), driving records certified
...534 So.2d 1213 (Fla. 5th DCA 1988). Accordingly, appellant s conviction and sentence are
AFFIRMED. ANTOON, C.J., HARRIS and PETERSON, JJ., concur.
331-CITE: 693 So.2d 1009 STATE of Florida, Appellant, v. Oberlin D. HARVEY, Appellee.
TEXT: WARNER, Judge. The state appeals the order of the circuit court dismissing the information
c...ld encourage the appropriate legislative committees to revisit the application of the exception
in section 322.34(1) for habitual traffic offenders.
332-CITE: 659 So.2d 352 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Deborah S. SHONYO, Respondent.
TEXT: PER CURIAM. The State Department of Highway Safety and Motor Vehicles seeks certiorari
revie...dge to constitute probable cause but may rely upon the strength of a directive or bulletin
on a suspect and assume probable cause exists to arrest).
333-CITE: 571 So.2d 594 Victoria BLAIR, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We strike the special condition of probation that prohibited appellant from
driv..., 378 So.2d 7 (Fla. 2d DCA 1979). The judgment and order of probation is otherwise affirmed.
SCHOONOVER, C.J., and CAMPBELL and FRANK, JJ., concur.
334-CITE: 543 So.2d 283 Richard O. BUSH, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. Richard Bush appeals his convictions and sentences for two
count... Even if the trial court did err in failing to admit the evidence, it was, in my opinion,
harmless beyond a reasonable doubt. See DiGuilio; Everett.
335-CITE: 638 So.2d 193 Marcelino PENZLOZA, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Judge. The defendant appeals, seeking a reversal of his convictions for burglary,
g.... Starkey, 559 So.2d 335 (Fla. 1st DCA 1990). AFFIRMED. GOSHORN, J., concurs. DAUKSCH, J.,
concurs specially in conclusion only, without opinion.
336-CITE: 634 So.2d 1097 Michael Thomas HAYMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. Michael Thomas Hayman appeals a nonfinal order of the circuit court,
acti... So.2d 393 (Fla.1958); Gordon v. Green, 382 So.2d 1344 (Fla. 5th DCA 1980). This proceeding
is dismissed. PARKER, A.C.J., and LAZZARA, J., concur.
337-CITE: 711 So.2d 122 Gregorio EUCEDA, Appellant, v. The STATE of Florida, Appellee.
TEXT: COPE, Judge. Gregorio Euceda appeals his convictions for driving under the influence
manslau...erwise impaired. See id. It only need be established to [the jury s] satisfaction that the
driver was `under the influence. Id. We agree. Affirmed.
338-CITE: 670 So.2d 1002 STATE of Florida, Appellant Cross-Appellee, v. Donna Irene MAY, Appellee
Cross-Appellant.
TEXT: PATTERSON, Judge. The state appeals from the trial court s postverdict order which grants
Do...rial court for a hearing on the motion for a new trial. Affirmed in part, reversed in part,
and remanded. DANAHY, A.C.J., and LAZZARA, J., concur.
339-CITE: 676 So.2d 29 STATE of Florida, Appellant, v. Joseph ALTAMURA, Appellee.
TEXT: FULMER, Judge. Pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(D), the state
app...of judgment was properly granted because it was error to instruct the jury on vehicular
homicide. Affirmed. FRANK, A.C.J., and QUINCE, J., concur.
340-CITE: 686 So.2d 662 Thomas Pearson DUCKETT, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Thomas Pearson Duckett, Jr., appeals his convictions and sentences for five
c...r these crimes. Otherwise, we affirm the judgments and sentences. Reversed in part; affirmed in
part. THREADGILL, C.J., and PATTERSON, J., concur.
341-CITE: 619 So.2d 976 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Robert John BERRY and Edward Farrell McGee, Respondents.
TEXT: ALTENBERND, Judge. The State of Florida, Department of Highway Safety and Motor Vehicles
(th...petitions and quash the circuit court s orders that reinstated Mr. Berry and Mr. McGee s
driving privileges. RYDER, A.C.J., and DANAHY, J., concur.
342-CITE: 625 So.2d 1215 Timothy BOUTWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. Boutwell pleaded no contest to four counts of driving under the influence of
... 199 (1944). Equally, we reject the contention that the amendment should be accepted because the
original misdemeanor text was a scrivener s error.
343-CITE: 561 So.2d 3 Paul PRIDGEON, Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. We reverse the judgment and sentence for driving with license suspended
bec...o reversible error in the remaining issues raised by appellant, the judgments and sentences
are AFFIRMED. SHIVERS, C.J., and WIGGINTON, J., concur.
344-CITE: 540 So.2d 916 STATE of Florida, Appellant, v. Wayne GRIFFITH, Appellee.
TEXT: PER CURIAM. Appellee Wayne Griffith entered pleas of guilty to two counts of driving under
t...ine not exceeding $5,000. Section 775.083(1)(a)(c), Fla.Stat. (1987). However, this section
establishes no minimum fines for any offense categories.
345-CITE: 696 So.2d 914 Charles Bradford HAMILTON, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. Charles Bradford Hamilton appeals his convictions for DUI manslaughter
an...onclude that the probative value of this testimony was outweighed by any prejudicial effect.
Affirmed. DANAHY, A.C.J., and THREADGILL, J., concur.
346-CITE: 688 So.2d 991 Gary Lee ODOM, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, found guilty of felony driving under the influence of alcohol,
(secti...reverse and remand for resentencing within the guidelines range. Hendrix v. State, 475
So.2d 1218 (Fla.1985). MINER, ALLEN and MICKLE, JJ., concur.
347-CITE: 745 So.2d 1152 Xiang Jun CHENG, Appellant, v. Uthai SIRICHOKE, Appellee.
TEXT: FLETCHER, Judge. Xiang Jun Cheng appeals from a final order granting Uthai Sirichoke s
motio...183 (Fla.1988). Accordingly, we reverse the trial court s order granting summary judgment
in favor of Sirichoke and remand for further proceedings.
348-CITE: 528 So.2d 399 The STATE of Florida, Appellant, v. Janice LOCKE, Appellee.
TEXT: PER CURIAM. The State appeals from an order granting the defendant s motion to dismiss
charg...tatutes, unless the code otherwise provides. (FN2) We acknowledge that our holding conflicts
with Bewick v. State, 501 So.2d 72 (Fla. 5th DCA 1987).
349-CITE: 599 So.2d 267 STATE of Florida, Appellant, v. Carl Lester WAGER and the Honorable Russell A.
Cole, Jr., Appellees.
TEXT: WIGGINTON, Judge. The state s petition for writ of mandamus is GRANTED. State v. Whitaker,
5...tutes, of driving under the influence of alcoholic beverages as proscribed by section
316.193(2)(b), Florida Statutes. ERVIN and KAHN, JJ., concur.
350-CITE: 527 So.2d 938 STATE of Florida, Appellant, v. Kevin Franklin CROOK, Appellee.
TEXT: WENTWORTH, Judge. The state seeks review of a suppression order entered in a prosecution
for....2d 509 (Fla. 4th DCA 1988). We therefore reverse the order appealed and remand the cause for
further proceedings. MILLS and BARFIELD, JJ., concur.
351-CITE: 651 So.2d 731 Patrick CRAWFORD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was placed on probation in 1993 for possession of cocaine. In 1994,
ap... Spera, 556 So.2d at 487; Travis, 549 So.2d at 738; Mandile v. State, 547 So.2d 1062 (Fla. 2d
DCA 1989). HERSEY, GLICKSTEIN and POLEN, JJ., concur.
352-CITE: 479 So.2d 191 Tanya Anita BOLDEN, a minor, through her mother and next friend, Bernadine
BOLDEN, Appellant, v. STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF
DRIVER LICENSES, Appellee.
TEXT: MILLS, Judge. Bolden appeals from the denial of her petition for writ of certiorari. She
con... cover not only the actual obtaining of a false license but the fraudulent application for one
as well. AFFIRMED. SMITH and THOMPSON, JJ., concur.
353-CITE: 698 So.2d 349 STATE of Florida, Appellant, v. Kirk Douglas KENNEDY, Appellee.
TEXT: DELL, Judge. The State of Florida charged Kirk Douglas Kennedy in an eleven count
informatio...ea or be sentenced pursuant to the sentencing guidelines or as an habitual felony
offender. REVERSED and REMANDED. GUNTHER and GROSS, JJ., concur.
354-CITE: 627 So.2d 75 STATE of Florida, Appellant, v. Ronald Henry SHULER, Appellee.
TEXT: BLUE, Judge. The state appeals an order dismissing on double jeopardy grounds a felony
charg...refore, we reverse the trial court s order and remand for further proceedings consistent
with Coupal. CAMPBELL, A.C.J., and THREADGILL, J., concur.
355-CITE: 670 So.2d 1144 Wallace Reid HURT, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Wallace Reid Hurt, Jr., who pled nolo contendere to DUI manslaughter, leaving
th...Parsons v. State, 650 So.2d 176, 177-178 (Fla. 2d DCA 1995). REVERSED and REMANDED for
resentencing. JOANOS, BENTON and VAN NORTWICK, JJ., concur.
356-CITE: 596 So.2d 88 STATE of Florida, Appellant, v. Yvette Symone DEXTER, Appellee.
TEXT: PATTERSON, Judge. The state appeals an order granting a motion to suppress and contends
that...herefore, we reverse the trial court s order and remand for further proceedings consistent
with this opinion. LEHAN, A.C.J., and FRANK, J., concur.
357-CITE: 700 So.2d 1258 Jeffrey PIRTLE and Daniel Tholl, Appellants, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Jeffrey Pirtle and Daniel Tholl appeal convictions for felony driving with
licen...Statutes (1995). We affirm the convictions and adopt the well-reasoned decision in Raulerson
v. State, 699 So.2d 339 (Fla. 5th DCA 1997). Affirmed.
358-CITE: 558 So.2d 532 William Lloyd NICHOLS, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. The portion of Nichols sentence suspending his driving
privileges...eges for six years is reversed. See Nichols v. State, 559 So.2d 104 (Fla. 2d DCA 1990).
Reversed and remanded. DANAHY and THREADGILL, JJ., concur.
359-CITE: 455 So.2d 607 Dianne Janney LAYMAN, Petitioner, v. STATE of Florida, Respondent.
TEXT: COWART, Judge. By petition for certiorari we are asked to review the appellate decision of
t...d before the amendment made by chapter 82-155, Laws of Florida, or the right to a jury trial
involved in Whirley v. State, 450 So.2d 836 (Fla.1984).
360-CITE: 732 So.2d 46 Alvin BELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the appellant s convictions, but direct the trial court to correct
the... that does not exceed the statutory maximum. The appellant s presence at resentencing is not
required. STONE, C.J., GROSS and HAZOURI, JJ., concur.
361-CITE: 630 So.2d 1165 STATE of Florida, Appellant, v. Louis DEISROTH and Richard Noyes, Appellees.
TEXT: PER CURIAM. Because these two appeals involve the same question of law, they are hereby
cons..., 630 So.2d 1129 (Fla. 2d DCA 1993) and State v. Berger, 605 So.2d 488 (Fla. 2d DCA 1992).
CAMPBELL, A.C.J., and PARKER and PATTERSON, JJ., concur.
362-CITE: 539 So.2d 603 Fabian McINTYRE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Because none of the five reasons assigned by the trial court is a valid basis
fo...s to enter a sentence which does not exceed the guidelines. (FN2) ------------ (FN2) The
guideline sentence is nine-to-twelve years of imprisonment.
363-CITE: 712 So.2d 451 Rocky Lee MILLER, Appellant, v. STATE of Florida, Appellee.
TEXT: DOYEL, ROBERT L., Associate Judge. The appellant, Rocky Lee Miller, challenges his
convictio...tion as it is to use every legitimate means to bring about a just one. Berger v. United
States, 295 U.S. 78, 88, 55 S.Ct. 629, 79 L.Ed. 1314 (1935).
364-CITE: 741 So.2d 613 Meldon FOSTER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant s conviction and sentence are affirmed. However, we remand this
ca...ellant was found *614 guilty by jury of trafficking in cocaine and driving while license
suspended. WARNER, C.J., STONE and STEVENSON, JJ., concur.
365-CITE: 481 So.2d 6 Aron CHAMBLISS and Lelia Chambliss, Appellants, v. WHITE MOTOR CORP., Appellee.
TEXT: THOMPSON, Judge. Aron and Lelia Chambliss, plaintiffs in this personal injury action,
appeal...n and had never worked for a brake manufacturer. The trial court clearly abused its
discretion in holding DeMay was qualified as an expert witness.
366-CITE: 587 So.2d 1187 Rosemary JOSLIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm. However, we modify appellant s order of probation to reflect that
app...16.192(2)(a), Fla.Stat. (1989). Compare Section 316.193(2)(b), Fla.Stat. (1989). AFFIRMED as
modified. COBB, W. SHARP, and DIAMANTIS, JJ., concur.
367-CITE: 504 So.2d 1371 Donald WARREN, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. Warren appeals an order denying the relief sought in his Fla.R.Crim.P.
3.85...proceedings pursuant to Rule 3.850 on the claim of ineffective assistance of counsel prior to
and at trial only. BOOTH, C.J. and MILLS, J., concur.
368-CITE: 721 So.2d 1163 Charles William FLOYD, Petitioner, v. STATE of Florida, Respondent.
TEXT: SHAW, Justice. We have for review Floyd v. State, 707 So.2d 833 (Fla. 1st DCA 1998), based
o... KOGAN and ANSTEAD, JJ., concur. ------------ (FN2) We decline to address the other issue raised
by Floyd since it was not the basis for our review.
369-CITE: 712 So.2d 433 Stanley RIDGEWAY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the revocation of Appellant s community control because his certified
...nd for entry of a written order of revocation. Peppers v. State, 696 So.2d 444 (Fla. 4th DCA
1997). STONE, C.J., and GROSS and TAYLOR, JJ., concur.
370-CITE: 528 So.2d 142 Carlton David LEWIS, Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. Appellant s convictions and sentences for felony DUI and driving while his
...ation as orally pronounced and as reflected on the probation order. Perez v. State, 485 So.2d 24
(Fla. 1st DCA 1986). MILLS and BOOTH, JJ., concur.
371-CITE: 670 So.2d 1070 Gwendolyn THOMPSON, Individually and as Personal Representative for the estate
of Gaylord Thompson, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (#09785),
Appellee.
TEXT: GREEN, Judge. Appellant Gwendolyn Thompson appeals a summary judgment entered against her
fo...reafter inadvertently dismissed Count VII. We therefore reverse the same and remand for further
proceedings. Affirmed in part and reversed in part.
372-CITE: 617 So.2d 371 Michael PINARDI, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Michael Pinardi timely appeals his sentence. He pled nolo contendere to
aggra...e illegal. We remand for sentencing under the guidelines and pursuant to the limitations
imposed by Poore. GOSHORN, C.J., and GRIFFIN, J., concur.
373-CITE: 730 So.2d 352 Russell J. MORSE, III, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robert J. Morse, III timely appeals the dispositive order denying his motion to
...ip, it was error to deny the motion to suppress. We reverse and remand. REVERSED and REMANDED.
PATTERSON, A.C.J., and BLUE and GREEN, JJ., Concur.
374-CITE: 576 So.2d 411 The STATE of Florida, Appellant, v. Barrett SCOTT and Lurlene Scott, Appellees.
TEXT: LEVY, Judge. The State appeals from a trial court order suppressing cocaine seized from the
...Fla. 3d DCA 1987). Accordingly, we reverse the order of suppression and remand for further
proceedings consistent herewith. Reversed and remanded.
375-CITE: 617 So.2d 775 Gwendolyn KAO and Yuan Kao, her husband, Appellants, v. Luis J. LAUREDO,
Appellee.
TEXT: PER CURIAM. Gwendolyn Kao, the plaintiff below, braked because the vehicle in front of her
w...ns to enter an order granting the plaintiffs motion for directed verdict upon the issue of
liability and for a trial solely on the issue of damages.
376-CITE: 633 So.2d 1150 STATE of Florida, Petitioner, v. Peter P. LOPEZ, Respondent.
TEXT: PETERSON, Judge. The state seeks a petition for writ of certiorari to review a decision of
t...onsistent herewith. State v. Richard, 610 So.2d 107 (Fla. 3d DCA 1992). WRIT ISSUED; ORDER
QUASHED AND REMANDED. DAUKSCH and GOSHORN, JJ., concur.
377-CITE: 738 So.2d 961 Donnie L. ADKINS, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. Donnie L. Adkins was convicted of felon in possession of a firearm following a
... and remanded. PATTERSON, A.C.J., and GREEN, J., Concur. ------------ (FN1) Miranda v. Arizona,
384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
378-CITE: 629 So.2d 120 In re Inquiry Concerning a Judge, No. 92-419 re Jonathan T. COLBY.
TEXT: PER CURIAM. We review the recommendation of the Judicial Qualifications Commission that
Judg... reprimanded by publication of this opinion. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
379-CITE: 459 So.2d 1030 Connie Faye LINCOLN, Petitioner, v. STATE of Florida, Respondent.
TEXT: ALDERMAN, Judge. We review the decision of the District Court of Appeal, Fifth District, in
...operly infer complicity in intent to commit the crime. It is so ordered. BOYD, C.J., and
ADKINS, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
380-CITE: 568 So.2d 1001 John Henry KNIGHTEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. John Henry Knighten appeals his conviction and sentence for arson, a violation
o...the sentence in this case, which was not cross-appealed by the state, represents a substantial
departure downward from the guideline recommendation.
381-CITE: 737 So.2d 584 STATE of Florida, Appellant, v. Matthew W. WITCHER, Appellee.
TEXT: PER CURIAM. The state appeals an order dismissing the defendant Witcher s felony offenses
of...ded information is therefore AFFIRMED. ERVIN, VAN NORTWICK and BROWNING, JJ., CONCUR.
------------ (FN3) See Fla. Std. Jury Instr. (Crim.) p. 367.
382-CITE: 568 So.2d 120 STATE of Florida, Appellant, v. Anthony K. CARRS, Appellee.
TEXT: HARRIS, Judge. The State appeals an order suppressing evidence. The trial court found the
in...f this case does not render the stop constitutionally defective. REVERSED and REMANDED for
further proceedings. PETERSON and GRIFFIN, JJ., concur.
383-CITE: 485 So.2d 861 STATE of Florida, Petitioner, v. Warren ABELSON, Respondent.
TEXT: DOWNEY, Judge. Respondent, Warren Abelson, was stopped in an organized roadblock, arrested,
... cannot agree that the circuit judge s ruling rises to the level of a departure from the
essential requirements of the law. I would deny certiorari.
384-CITE: 430 So.2d 555 Richard Jeffrey EVILLE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We find no error in the trial court approving a jury verdict finding the
appella...1979); State v. Young, 371 So.2d 1029 (Fla.1979); McCreary v. State, 371 So.2d 1024
(Fla.1979); Rushton v. State, 395 So.2d 610 (Fla. 5th DCA 1981).
385-CITE: 559 So.2d 740 Michael Dean LAY, Appellant, v. Laurie Elaine SUGGS, et al., Appellees.
TEXT: PETERSON, Judge. Michael Lay appeals a final order granting Hugh Suggs motion for summary
ju...nor who becomes emancipated upon the same footing as the emancipated minor making an initial
application. AFFIRMED. COBB and GRIFFIN, JJ., concur.
386-CITE: 542 So.2d 454 The STATE of Florida, Appellant, v. Alfredo Emilio RODRIGUEZ, Appellee.
TEXT: PER CURIAM. The State appeals an order of the trial court granting defendant s motion to
sup...information was a product of the allegedly wrongful police conduct. See State v. Mosier, 392
So.2d 602 (Fla. 3d DCA 1981). Accordingly, we reverse.
387-CITE: 497 So.2d 1332 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES of the State of Florida,
Petitioner, v. Ronald James BENDER, Respondent.
TEXT: PER CURIAM. The Department of Highway Safety and Motor Vehicles of the State of Florida
seek...t court, and reinstate the Department s order revoking Bender s driver s license for ten
years. DANAHY, C.J., and RYDER and SANDERLIN, JJ., concur.
388-CITE: 717 So.2d 184 Michael Thomas FOY, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, M., Senior Judge. Defendant appeals his conviction on various drug charges,
having...CA 1997). The traffic stop was based on reasonable suspicion and the search that followed
was lawful. AFFIRMED. GOSHORN and THOMPSON, JJ., concur.
389-CITE: 548 So.2d 1183 Nathaniel HEATH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We find no reversible error. We note, however, that the final judgment entered
b...or. Otherwise, the conviction and sentence are affirmed. AFFIRMED. REMANDED FOR CORRECTION OF
CLERICAL ERROR. COBB, SHARP and COWART, JJ., concur.
390-CITE: 755 So.2d 767 Mark ELLIS, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, J. Mark Ellis pled nolo contenders to felony DUI, reserving the right to appeal
t...avidson, supra. AFFIRMED. GROSS, J., and BAILEY, JENNIFER D., Associate Judge, concur.
------------ (FN2) See Section 901.15(5), Fla.Stat. (1999).
391-CITE: 542 So.2d 1371 Willie J. WATERS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the robbery and grand theft convictions under review upon a holding
th...ce (grand theft). This being so, the rule stated in Carawan v. State, 515 So.2d 161, 170
(Fla.1987), is inapplicable to the instant case. Affirmed.
392-CITE: 749 So.2d 556 Jayson WATSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Jayson Watson (Watson) challenges his sentences for carjacking, aggravated
assau...ed without applying the law enforcement multiplier. Reversed and remanded for resentencing.
PARKER, A.C.J., and WHATLEY and STRINGER, JJ., Concur.
393-CITE: 737 So.2d 1149 Cedric Maurice LESTER, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Acting Chief Judge. Cedric Lester appeals from his judgment and sentence for
gran... determination of the appropriate credit for time served. Affirmed in part, reversed in
part, and remanded. ALTENBERND and CASANUEVA, JJ., Concur.
394-CITE: 731 So.2d 753 Kirk FIELDS, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, C.J. Appellant seeks expedited review of his conviction for the third-degree
felony...esult. ------------ (FN2) Under section 322.251(1), the legislature appears to have
determined that proper mailing is conclusive evidence of notice.
395-CITE: 483 So.2d 500 The STATE of Florida, Appellant, v. Ray Donald OGBURN, Appellee.
TEXT: PER CURIAM. This is a state appeal from an order of the trial court granting Donald Ogburn
s...he order of suppression is accordingly reversed, and this cause is remanded for further
proceedings. Reversed and remanded for further proceedings.
396-CITE: 682 So.2d 710 Mark W. FRANK, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. Appellant was convicted of two counts of DUI with serious bodily injury. He
...5 So.2d 126 (Fla. 5th DCA), rev. granted, 662 So.2d 932 (Fla.1995), approved, 679 So.2d 759
(Fla.1996). AFFIRMED. GRIFFIN and ANTOON, JJ., concur.
397-CITE: 560 So.2d 408 Francis X. WAREHAM, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Francis X. Wareham appeals his sentence entered after a plea of no contest
to...stifies the departure; whether the bystanders were in fear, or even aware of the danger, is
unimportant. AFFIRMED. COWART and GRIFIN, JJ., concur.
398-CITE: 667 So.2d 303 Andrew KULICK, Appellant, v. ENTERTAINMENT PUBLICATIONS, INC. and CNA Insurance
Company, Appellees.
TEXT: CORRECTED OPINION JOANOS, Judge. The claimant in this workers compensation case appeals an
...order is reversed and remanded for further proceedings, taking into account the medical testimony
of Dr. Callahan. ERVIN and BARFIELD, JJ., concur.
399-CITE: 614 So.2d 20 STATE of Florida, Appellant, v. Christian EHRMAN, Appellee.
TEXT: PER CURIAM. The county court of Broward County dismissed an information charging appellee
wi... on the authority of State v. Mandell, 599 So.2d 1383 (Fla. 4th DCA 1992). ANSTEAD and POLEN,
JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
400-CITE: 466 So.2d 1240 RYDER TRUCK RENTAL, INC. and Albertsons, Inc., Appellants, v. Garry JOHNSON and
Lisa Johnson, his wife, Appellees.
TEXT: BOOTH, Judge. This cause is before us on appeal from a final judgment in a personal injury
a...dmitted. Accordingly, the judgment below is reversed and the cause remanded for new trial in
accordance herewith. SHIVERS and ZEHMER, JJ., concur.
401-CITE: 756 So.2d 1082 Mary SILVERS, Appellant Cross-Appellee, v. U-HAUL COMPANY OF GEORGIA, etc.,
Appellee Cross-Appellant.
TEXT: ANTOON, C.J. In this personal injury action, Mary Silvers appeals the final judgment in
favo... not reliable. See Sheehan v. Frith, 138 So.2d 76, 78-79 (Fla. 3d DCA 1962). Accordingly, we
affirm. AFFIRMED. W. SHARP, and GRIFFIN, JJ., concur.
402-CITE: 553 So.2d 352 Ernani GRILLI and Giorgina Grilli, Appellants, v. LE-BO PROPERTIES CORPORATION d
b a Le-Bo Auto Brokers, Appellee.
TEXT: PARKER, Judge. Appellants, Ernani Grilli and Giorgina Grilli, appeal a final summary
judgmen...Accordingly, we reverse and remand for proceedings consistent with this opinion. Reversed
and remanded. CAMPBELL, C.J., and PATTERSON, J., concur.
403-CITE: 494 So.2d 513 Joseph J. INCARDONA, as Personal Representative of the Estate of Margaret R.
Incardona, Deceased, Appellant, v. AUTO-OWNERS INSURANCE COMPANY, Appellee.
TEXT: CAMPBELL, Judge. This appeal presents the question of whether appellant s deceased daughter
...t coverage was a statutory requirement which could not be excluded by the policy terms. Reversed
and remanded. DANAHY, C.J., and HALL, J., concur.
404-CITE: 498 So.2d 698 STATE of Florida, Appellant, v. Steven J. HILTON, Appellee.
TEXT: COWART, Judge. This is an appeal of an order issued by the County Court for Volusia County,
...430 U.S. 980, 97 S.Ct. 1675, 52 L.Ed.2d 375 (1977); State v. Mitchell, 245 So.2d 618 (Fla.1971);
Pardo v. State, 429 So.2d 1313 (Fla. 5th DCA 1983).
405-CITE: 573 So.2d 175 Larry Kenneth COLE, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Cole appeals his judgment and sentence for vehicular homicide and argues
t...properly preserved for appeal. See Carter v. State, 469 So.2d 194 (Fla. 2d DCA 1985). Reversed
and remanded. HALL, A.C.J., and PARKER, J., concur.
406-CITE: 524 So.2d 741 Russell James GERMAK, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks review of his conviction and sentence for driving under the
infl...error in scoring his prior New Jersey conviction. AFFIRMED IN PART; REVERSED IN PART and
REMANDED. HERSEY, C.J., and DELL and WALDEN, JJ., concur.
407-CITE: 742 So.2d 813 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Michelle A. ANTHOL, Respondent.
TEXT: PER CURIAM. The State of Florida, Department of Highway Safety, seeks certiorari review of
a... hearing officer s determination upholding the suspension of Anthol s driving privileges.
THREADGILL, A.C.J., and FULMER and STRINGER, JJ., Concur.
408-CITE: 637 So.2d 953 Robert H. WEYRAUCH, Jr., Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Petitioner was charged with the misdemeanor of driving under the influence
(DUI)...uct the jury using a misleading nonstandard instruction. Doyle, 483 So.2d 89. Petitioner has
not argued that the error in this case was fundamental.
409-CITE: 454 So.2d 787 James Joseph DEVLIN and Joanne Devlin, his wife, Appellants, v. FLORIDA
RENT-A-CAR, INC., et al., Appellees.
TEXT: ORFINGER, Judge. Plaintiffs appeal from an adverse summary judgment in an action for
persona...ermittee s negligent driving than he could if he, himself, had been driving when the
accident occurred. AFFIRMED. DAUKSCH and COWART, JJ., concur.
410-CITE: 444 So.2d 27 Connie Faye LINCOLN, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The appellant Lincoln s husband robbed a drug store and she drove him from the
...(Fla. 3d DCA 1982) and Gains v. State, 417 So.2d 719 (Fla. 1st DCA 1982). The principle in those
cases is soundly based upon their factual settings.
411-CITE: 645 So.2d 507 Blas V. NIEVES, Appellant, v. CAMACHO CLOTHES, INC., d b a Cafe Camacho and O.C.
White s Inc., Appellees.
TEXT: PETERSON, Judge. Blas Nieves appeals the trial court s order of summary final judgment in
fa...(Fla.1973). *510 We vacate the summary final judgment and remand for further proceedings.
REVERSED; REMANDED. GRIFFIN and DIAMANTIS, JJ., concur.
412-CITE: 710 So.2d 1378 Ike SCOTT, Appellant, v. STATE of Florida, Appellee.
TEXT: ANTOON, Judge. Ike Scott (defendant) appeals his judgments and sentences which were entered
...2)(a)4; 893.13(6)(a) Fla.Stat. (1995). (FN2) Section 893.147, Fla.Stat. (1995). (FN3) See also
Sections 316.215; 316.222; 316.234, Fla.Stat. (1995).
413-CITE: 591 So.2d 971 Emmitt MILLER, Appellant Cross-Appellee, v. James WALLACE, Appellee
Cross-Appellant.
TEXT: ANTOON, J., Associate Judge. James Wallace was injured when the branch of an orange tree
gro...his ruling is affirmed. Milton v. Leapai, 562 So.2d 804 (Fla. 5th DCA 1990). AFFIRMED in
part; REVERSED in part. COWART and PETERSON, JJ., concur.
414-CITE: 630 So.2d 1135 STATE of Florida, Appellant, v. Jonathan K. PLATT, Appellee.
TEXT: PARKER, Judge. The State of Florida challenges the order of the county court of Pinellas
Cou...al court s order and remand for further proceedings consistent with this opinion. Reversed
and remanded. RYDER, A.C.J., and PATTERSON, J., concur.
415-CITE: 561 So.2d 452 Billy WOODS, et al., Appellants, v. STATE of Florida, Appellee.
TEXT: PETERSON, Judge. Eight defendants charged with driving under the influence petition for
writ...dants have an adequate remedy by plenary appeal if the trial court enters a judgment of
conviction. Writ DENIED. DAUKSCH and GRIFFIN, JJ., concur.
416-CITE: 566 So.2d 267 Mary SABO, Appellant, v. SHAMROCK COMMUNICATIONS, INC., et al., Appellees.
TEXT: W. SHARP, Judge. Sabo appeals from a final summary judgment denying her recovery against
Peo...nc., 561 So.2d 1209 (Fla. 2d DCA 1990). REHEARING DENIED; CONFLICT CERTIFIED. COBB and W.
SHARP, JJ., and LEE, R.E., Jr., Associate Judge, concur.
417-CITE: 630 So.2d 1135 STATE of Florida, Appellant, v. William CHURCH, Appellee.
TEXT: PARKER, Judge. The State of Florida challenges the order of the county court of Pinellas
Cou...rt s order and remand *1136 for further proceedings consistent with this opinion. Reversed
and remanded. RYDER, A.C.J., and PATTERSON, J., concur.
418-CITE: 714 So.2d 610 Alejandro VIGOREAUX, Petitioner, v. Donald MANNING, Director, Dade County
Department of Corrections, Respondent.
TEXT: PER CURIAM. Petitioner was arrested at 7:15 p.m. on July 12, 1998, for unlawfully driving
in...ty of the above claim. Consequently, we award the petitioner a writ of habeas corpus and direct
he be released upon his own recognizance, forthwith.
419-CITE: 481 So.2d 1275 Ricky Everett KEEN, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a sentence. We affirm because the stated grounds are
...en v. State, 478 So.2d 429 (Fla. 5th DCA 1985); Bentley v. State, 477 So.2d 58 (Fla. 5th DCA
1985); Holt v. State, 477 So.2d 59 (Fla. 5th DCA 1985).
420-CITE: 504 So.2d 1273 James Randall ROPER, Appellant, v. STATE of Florida, Appellee.
TEXT: MILL, Judge. Roper appeals from a conviction for driving while intoxicated, Section
316.1931...evidence in the record to support the jury s verdict of DWI sub judice, we affirm on this
point. Affirmed. BOOTH, C.J., and WENTWORTH, J., concur.
421-CITE: 731 So.2d 821 Gary W. PETERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. Gary W. Peterson appeals his convictions on the charges of leaving the scene
of...eeking appellate review of the restitution issue subsequent to the rendition of a restitution
order. ALTENBERND, A.C.J., and NORTHCUTT, J., Concur.
422-CITE: 707 So.2d 777 Kenneth Michael WALDECKER, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Judge. We affirm Kenneth Waldecker s two convictions for driving under the influence
...victions on Counts I, III and IV affirmed; conviction as to Count II vacated; remanded for
resentencing. DANAHY, A.C.J., and PATTERSON, J., concur.
423-CITE: 572 So.2d 1033 STATE of Florida, Appellant, v. Richard James BARNETT, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. The state argues in this appeal that the trial court erred
whe...ng sealed containers, where there is a valid arrest of a recent occupant of that automobile.
See State v. Ciucio, 548 So.2d 1184 (Fla. 2d DCA 1989).
424-CITE: 644 So.2d 578 STATE of Florida, Appellant, v. Monterio D. SAMPSON, Appellee.
TEXT: PER CURIAM. The state charged Mr. Sampson with negligently causing the death of another
huma...rial court s order dismissing the charge. Reversed and remanded for further proceedings.
CAMPBELL, A.C.J., and ALTENBERND and QUINCE, JJ., concur.
425-CITE: 629 So.2d 180 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, Petitioner, v.
Sheryl PADILLA, Respondent.
TEXT: NESBITT, Judge. In July 1992, a hearing officer sustained the Department of Highway Safety
a.... Accordingly, we grant the petition for writ of certiorari and quash the order under review
and order the administrative suspension be reinstated.
426-CITE: 563 So.2d 203 CITY OF MIAMI, Appellant, v. Bobby BARCLAY, Appellee.
TEXT: NESBITT, Judge. The City of Miami seeks reversal of an order requiring the return of
persona...s action was premature. *205 Accordingly, we reverse the order entered by the lower court
requiring that the city return the jeep to the defendant.
427-CITE: 618 So.2d 1364 Carla GLADFELTER, Petitioner, v. STATE of Florida, Respondent.
TEXT: GRIMES, Justice. We review Gladfelter v. State, 604 So.2d 929 (Fla. 4th DCA 1992), because
o...opinion. We approve the decision of the court below. It is so ordered. BARKETT, C.J., and
OVERTON, McDONALD, SHAW, KOGAN and HARDING, JJ., concur.
428-CITE: 650 So.2d 189 Lloyd TINSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant, Lloyd Tinson, appeals his conviction for possession of cocaine
im... of the motion to suppress and remand for further proceedings consistent with this opinion.
DANAHY, A.C.J., and SCHOONOVER and FULMER, JJ., concur.
429-CITE: 563 So.2d 652 In the Interest of D.J.S. and J.S.G., children, Appellant, v. DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: PER CURIAM. This is an appeal from an order terminating appellant s parental rights towards
...e facts and evaluated the circumstances in accord with the statute and the best interest of the
child. This child should not be put at further risk.
430-CITE: 561 So.2d 1368 William Lloyd NICHOLS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant appeals that portion of his sentence for sale of cocaine in which the
...ense for a period of two years. Otherwise, the defendant s judgment and sentence are affirmed.
SCHOONOVER, A.C.J., and LEHAN and HALL, JJ., concur.
431-CITE: 528 So.2d 1342 Mack MANIS, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Chief Judge. Appellant appeals his judgments and sentences for two counts of
secon... offense of second degree murder rather than for manslaughter by intoxication or culpable
negligence. Affirmed. SCHEB and THREADGILL, JJ., concur.
432-CITE: 728 So.2d 827 Brian RIX, Petitioner, v. Ken JENNE, as Sheriff of Broward County, Florida and
State of Florida, Respondents.
TEXT: PER CURIAM. Petitioner Brian Rix s bond on pending charges of battery on a law enforcement
o...CA 1998). Clerk is directed to issue mandate concurrently with this opinion. GUNTHER and
FARMER, JJ., concur. GROSS, J., dissents without opinion
433-CITE: 625 So.2d 119 STATE of Florida, Appellant, v. Rolando RAMIREZ, Appellee.
TEXT: GRIFFIN, Judge. The State of Florida appeals an order granting a motion to suppress. We
reve... concur. ------------ (FN1) Although Trooper Traylor had a drug dog with him, the troopers
did not have the dog sniff for the presence of narcotics.
434-CITE: 741 So.2d 557 Keevin SPENCER, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, C.J. On appeal from his conviction for strong armed robbery, appellant contends
that...aw, 559 So.2d 187, 188 (Fla.1989). Therefore, the motion for Judgment of acquittal was
properly denied. Affirmed. SHAHOOD and TAYLOR, JJ., concur.
435-CITE: 460 So.2d 564 A.S., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The evidence adduced by the prosecution, which consisted of the fact that
cocain...v. State, 459 So.2d 1030 (Fla.1984). Accordingly, the adjudication of delinquency under
review, which was based on that determination, is Reversed.
436-CITE: 531 So.2d 421 John M. DRIGOTAS, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. Pursuant to Florida Rule of Appellate Procedure 9.160(e), the County Court
of....2d 51 (Fla. Broward Cty Ct.1985). Accordingly, the certified question presented must be
answered affirmatively. GLICKSTEIN and DELL, JJ., concur.
437-CITE: 648 So.2d 259 Debra NESWORTHY, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Judge. Appellant, Debra Nesworthy, has raised several issues on appeal of her
convi...onally, we note that the July 2, 1993 speedy trial waiver would be effective as of that
date. See Bryant v. State, 650 So.2d 68 (Fla. 5th DCA 1994).
438-CITE: 549 So.2d 737 Michael C. TRAVIS, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Acting Chief Judge. Michael C. Travis seeks relief from an order revoking his driver
... a condition that he not drive a motor vehicle during the probationary term. Reversed and
remanded for resentencing. HALL and PARKER, JJ., concur.
439-CITE: 535 So.2d 649 Robert L. FREVE, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and
Southern Bell Telephone and Telegraph Company, Appellees.
TEXT: ZEHMER, Judge. Appellant Robert L. Freve appeals an order of the Unemployment Appeals
Commis...h any statutory or case authority supporting such a proposition. Therefore, we affirm the
third issue. AFFIRMED. ERVIN and WENTWORTH, JJ., concur.
440-CITE: 623 So.2d 871 Harry CONYERS, Petitioner, v. STATE of Florida, Respondent.
TEXT: BARFIELD, Judge. The petitioner seeks a writ of common law certiorari to review an order of
... (Fla. 4th DCA 1991). The petition for writ of certiorari is GRANTED and the order dismissing
the appeal is QUASHED. BOOTH and ALLEN, JJ., concur.
441-CITE: 723 So.2d 908 Earnest Terrell DICKERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, J. This is an appeal from a conviction for possession of a firearm by a convicted
f...atements and the true facts as revealed at trial. The evidence was sufficient to support the
verdict. AFFIRMED. W. SHARP and GOSHORN, JJ., concur.
442-CITE: 614 So.2d 1186 Steven KEANE, a k a Steven Keam, Petitioner, v. Ron COCHRAN, as Sheriff of
Broward County, Florida and the Honorable John A. Frusciante, Circuit Court Judge of the 17th
Judicial Circuit, in and for Broward County, Florida, Respondents.
TEXT: WARNER, Judge, We grant the petition for writ of habeas corpus to quash an order increasing
...emonstrating adequate grounds to increase bail. We therefore grant the writ and quash the order
increasing the bond. LETTS and POLEN, JJ., concur.
443-CITE: 609 So.2d 786 Barth SQUIRES, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. Reversed and remanded with instructions that the defendant receive credit for
t... State, 491 So.2d 543, 545 (Fla.1986); West v. State, 497 So.2d 1347 (Fla. 5th DCA 1986).
REVERSED AND REMANDED. W. SHARP and HARRIS, JJ., concur.
444-CITE: 636 So.2d 1367 Gordon J. GLUESENKAMP, III, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Gordon J. Gluesenkamp, III, appeals from an order awarding
restitutio...n to the victim s parents. This cause is affirmed in all other respects. AFFIRMED in
part, REVERSED in part. MINER, MICKLE and DAVIS, JJ., concur.
445-CITE: 710 So.2d 724 Russell Earl BEAGLE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Russell Earl Beagle challenges the trial court s summary denial of his motion
fo... relief is affirmed. Affirmed in part, reversed in part, and remanded for further proceedings.
PATTERSON, A.C.J., and BLUE and GREEN, JJ., concur.
446-CITE: 450 So.2d 897 R.M., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: BASKIN, Judge. We reverse the order adjudicating R.M. delinquent based upon our finding
that... (Fla. 3d DCA 1981). See Fisk v. State, 138 Fla. 815, 190 So. 10 (1939); R.M. v. State; A.R.
v. State, 393 So.2d 1174 (Fla. 3d DCA 1981). Reversed.
447-CITE: 543 So.2d 218 AMERICAN INSTITUTE OF DEFENSIVE DRIVING, INC., etc., Petitioner, v. TRAFFIC
COURT REVIEW COMMITTEE, etc., Respondent.
TEXT: BARKETT, Justice. The petitioner, American Institute of Defensive Driving, Inc., petitions
t...nd the decision of the chief judge. It is so ordered. OVERTON, GRIMES and KOGAN, JJ., concur.
EHRLICH, C.J., and McDONALD and SHAW, JJ., dissent.
448-CITE: 502 So.2d 91 JACMAR PACIFIC PIZZA CORPORATION, etc., Appellant, v. John A. HUSTON, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment in a negligence case where compensatory
an...compensatory damages, but we reverse the award of punitive damages. *93 AFFIRMED IN PART;
REVERSED IN PART. UPCHURCH, C.J., and SHARP, J., concur.
449-CITE: 553 So.2d 373 Douglas M. DENTON, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Appellant entered a nolo contendere plea to burglary of a structure and
petit...ppellant s sentence suspending driving privileges is stricken. Otherwise, we affirm the
appellant s sentence. LEHAN, A.C.J., and FRANK, J., concur.
450-CITE: 581 So.2d 214 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, etc., Appellant, v. Thomas
Andrew HAGAR, Appellee.
TEXT: DIAMANTIS, Judge. Appellant, State of Florida, Department of Highway Safety and Motor
Vehicl... order revoking Hagar s driver s license for a period of five years. WRIT ISSUED; cause
REMANDED with directions. HARRIS and GRIFFIN, JJ., concur.
451-CITE: 431 So.2d 715 Francisco ACOSTA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The final judgment of conviction and sentence is affirmed upon a holding that:
(...y correct in denying the motion to suppress the fruits of the subject search. See e.g., McNamara
v. State, 357 So.2d 410, 412 (Fla.1978). Affirmed.
452-CITE: 574 So.2d 1059 Billy Ray NIBERT, Appellant, v. STATE of Florida, Appellee.
TEXT: BARKETT, Justice. Billy Ray Nibert was tried and convicted of first-degree murder and
senten...nd for imposition of a sentence of life imprisonment. It is so ordered. SHAW, C.J., and
OVERTON, McDONALD, EHRLICH, GRIMES and KOGAN, JJ., concur.
453-CITE: 483 So.2d 433 STATE of Florida, Petitioner, v. Ronald Dean JONES, Respondent.
TEXT: McDONALD, Justice. The Second District Court of Appeal has certified the following question
...affirmative, but approve the result of the district court below. It is so ordered. BOYD, C.J.,
and ADKINS, OVERTON, EHRLICH and SHAW, JJ., concur.
454-CITE: 625 So.2d 1319 Willie J. CAMERON, Appellant, v. STATE of Florida, Appellee.
TEXT: GOSHORN, Judge. Willie J. Cameron appeals from his conviction and sentence for aggravated
as... Oliver had been arrested for aggravated assault with a firearm which was supposedly the same
gun that Oliver alleged Cameron used in this incident.
455-CITE: 541 So.2d 1269 David James DONNADIO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. WALDEN, J., concurs. GARRETT, J., concurs specially with opinion.
G...een required to introduce it during its case in chief, and not after the defense had put on its
case. The testimony was not in rebuttal of anything.
456-CITE: 559 So.2d 243 Curtis L. MITCHELL, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Mitchell has appealed from judgment and sentence imposed after violation of
p... officers to request Mitchell to produce identification when they already knew him and that was
the reason for following his car in the first place.
457-CITE: 691 So.2d 571 Dawn Michele NUNLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, having been convicted of driving with a suspended license and
po...ccordingly, conditions eight and twenty are stricken. See Justice v. State, 674 So.2d 123
(Fla.1996). THREADGILL, C.J., and SCHOONOVER, J., concur.
458-CITE: 654 So.2d 585 The STATE of Florida, Appellant, v. William R. WOODRUFF, Appellee.
TEXT: BASKIN, Judge. The state appeals an order dismissing the information against Defendant on
do..., trying defendant on the same charge discharged under the speedy trial rule would violate the
express prohibition of the rule. Dismissal affirmed.
459-CITE: 544 So.2d 1173 Kenneth Matthew TONGUE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Kenneth Matthew Tongue, was convicted of second degree murder.
He...DAUKSCH, COBB and GOSHORN, JJ., concur. ------------ (FN3) See Section 843.02, Fla.Stat.
(1987); Steele v. State, 537 So.2d 711 (Fla. 5th DCA 1989).
460-CITE: 616 So.2d 1183 J.C., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the respondent J.C. from an adjudication of juvenile
delinq...adjudication of delinquency under review is reversed and the cause is remanded to the trial
court for a trial on the merits. Reversed and remanded.
461-CITE: 638 So.2d 1021 Bobby MCPHERSON, Appellant, v. Patricia Booth METZ, et al., Appellees.
TEXT: GOSHORN, Judge. Bobby McPherson appeals the final summary judgment entered in favor of
Theod...not yet met his burden of establishing that no material facts are in dispute in order to
sustain a summary judgment in this type of negligence case.
462-CITE: 559 So.2d 106 Ricky Lee SWANK and Elaine Swank, husband and wife, Appellants, v. Leo W.
SCHRADER and Cean G. Schrader, husband and wife, Appellees.
TEXT: PER CURIAM. In the trial of this personal injury action, the court admitted into evidence a
...se is reversed and remanded for proceedings consistent herewith. Reversed and remanded. PARKER,
A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
463-CITE: 537 So.2d 111 USS AGRI-CHEMICALS, A DIVISION OF USX CORPORATION, Petitioner, v. John W.
WADDELL, et al., Respondents.
TEXT: McDONALD, Justice. The First District Court of Appeal has certified this case to us with
the...d and, hence, would have had a three-month continuing payment that would exempt him from the
two-year rule. We disagree with him on this contention.
464-CITE: 586 So.2d 86 Reshea GREEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse defendant s conviction for carrying a concealed firearm. We agree
wit...hton v. State, 528 So.2d 1241, 1243-44 (Fla. 1st DCA 1988). Defendant shall be discharged.
SCHOONOVER, C.J., and LEHAN and PATTERSON, JJ., concur.
465-CITE: 696 So.2d 950 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v.
Charles GRAPSKI, Appellee.
TEXT: GROSS, Judge. This is an appeal of a final order directing the Florida Department of
Highway...hway Safety and Motor Vehicles v. Degrossi, 680 So.2d 1093, 1096 (Fla. 3d DCA 1996); Vogt,
489 So.2d at 1171. GLICKSTEIN and PARIENTE, JJ., concur.
466-CITE: 715 So.2d 1112 Scott Alan MOYER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Scott Allen Moyer was convicted of causing serious bodily injury to another
whil...elony. This error shall also be corrected upon remand. CONVICTION AFFIRMED; SENTENCE
VACATED; REMANDED. DAUKSCH, HARRIS and PETERSON, JJ., concur.
467-CITE: 658 So.2d 611 STATE of Florida, Appellant, v. Roberta Jane SHEPARD, Appellee.
TEXT: QUINCE, Judge. The state appeals an order of the trial court granting appellee s motion to
s... made after the giving of Miranda warnings is reversed, and this case is remanded for further
proceedings. RYDER, A.C.J., and CAMPBELL, J., concur.
468-CITE: 538 So.2d 1278 Carlos R. PORCHER, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order denying suppression of evidence. Appellant
w...olation of the mandate set forth in Kehoe v. State, 521 So.2d 1094 (Fla.1988). The state simply
failed to prove a valid basis to stop Porcher s car.
469-CITE: 520 So.2d 678 David WATERS, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. David Waters appeals an order denying his motion to strike probation
conditio...ed to be served. The sentence is, therefore, reversed and remanded for resentencing
consistent with this opinion. ERVIN and BARFIELD, JJ., concur.
470-CITE: 442 So.2d 419 Roger MILLER, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. Appellant entered a plea in the circuit court of nolo contendere to the
charg... the foregoing reasons, we hold that the trial court did not err in denying appellant s
motion to dismiss. AFFIRMED. DELL and WALDEN, JJ., concur.
471-CITE: 729 So.2d 494 Scott E. LARASON, Appellant, v. STATE of Florida, Appellee.
TEXT: NORTHCUTT, Acting Chief Judge. Scott Larason moved to dismiss a charge of driving without a
... the correction. Conviction affirmed, judgment and sentence remanded for correction. CASANUEVA,
J., and QUINCE, PEGGY A., Associate Judge, Concur.
472-CITE: 568 So.2d 1 Michael J. WILHELM, Petitioner, v. STATE of Florida, Respondent.
TEXT: EHRLICH, Justice. We have for review Wilhelm v. State, 544 So.2d 1144, 1146 (Fla. 2d DCA
198...or higher is not sufficient; the state must prove that the defendant was impaired, i.e., that
he was not in full possession of his normal faculties.
473-CITE: 485 So.2d 1273 THE FLORIDA BAR, Complainant, v. Eduard J. DEGUARDIOLA, Respondent.
TEXT: PER CURIAM. This matter is before the Court on respondent s Petition for Leave to Resign,
pu...against respondent, for which sum let execution issue. It is so ordered. ADKINS, Acting C.J.,
and OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.
474-CITE: 711 So.2d 597 Johnny FAIRES, Petitioner, v. The STATE of Florida, Respondent.
TEXT: SORONDO, Judge. Johnny Faires petitions this Court for a Writ of Certiorari to quash the
opi...r courts, we note that the trial of this case and the appeal to the Circuit Court were
conducted before the publication of our decision in Williams.
475-CITE: 734 So.2d 508 Henry H. RUSS, Jr., Appellant, v. CITY OF JACKSONVILLE, Appellee.
TEXT: VAN NORTWICK, J. Henry R. Russ, Jr., appeals the final judgment in his false arrest action
a...ained on field sobriety reports. What reason would Officer Baker have to lie? Certainly if
there was a reason, it wasn t brought out in the trial.
476-CITE: 452 So.2d 955 Glynn ADDISON, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Judge. Defendant Glynn Addison, Jr., challenges a five-year prison sentence imposed
o...ate, 446 So.2d 222 (Fla. 1st DCA 1984); see Harrington v. State, 455 So.2d 1317 (Fla. 2d DCA
1984). Affirmed. GRIMES, A.C.J., and OTT, J., concur.
477-CITE: 753 So.2d 1285 FLORIDA BOARD OF BAR EXAMINERS re P.K.B.
TEXT: PER CURIAM. Petitioner P.K.B. asks this Court to review the recommendations of the Florida
B...en the police officer questioned him about his alcohol consumption, he replied that he had a
beer when, in fact, he had consumed more than one beer.
478-CITE: 744 So.2d 1031 Kenneth M. PERRYMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, Judge. Kenneth Perryman pled no contest to two charges of felony driving while
licens... another state similar to a statutory prohibition specified in subsection (1) or subsection
(2) shall be counted as a violation of such prohibition.
479-CITE: 750 So.2d 112 Robin DEEL, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, J. Robin Deel appeals the circuit court s refusal to issue a writ of prohibition
t... misdemeanor offenses of DUI and refusal to sign a summons. Section 34.01(1)(a), Fla.Stat.
(1997). AFFIRMED. ANTOON, C.J., and HARRIS, J., concur.
480-CITE: 550 So.2d 150 Larry CHARLTON, Appellant, v. The STATE of Florida, Appellee.
TEXT: JORGENSON, Judge. Larry Charlton appeals from a judgment of conviction and sentence of life
...earm was legal; the subsequent lineups were therefore untainted and were properly admitted. The
conviction and sentence are, accordingly, Affirmed.
481-CITE: 682 So.2d 629 Mark Allen PRUITT, Appellant, v. The STATE of Florida, Appellee.
TEXT: COPE, Judge. Mark Allen Pruitt petitions for a writ of certiorari to review a decision of
th.... I would deny certiorari review. See State v. Joines, 549 So.2d 771 (Fla. 3d DCA 1989); Leon
County v. Mitchell, 611 So.2d 104 (Fla. 1st DCA 1992).
482-CITE: 563 So.2d 819 Pamela McINTYRE, Appellant, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellee.
TEXT: ORFINGER, M., Associate Judge. We affirm the summary final judgment appealed from which
dete...United States Aviation Underwriters, Inc. v. Sunray Airline, Inc., 543 So.2d 1309 (Fla. 5th
DCA 1989). AFFIRMED. W. SHARP and COWART, JJ., concur.
483-CITE: 649 So.2d 311 Allen O NEAL, Louis Totaro, Theodore J. Hintzke III and Ruben Rodriguez,
Appellants, v. The STATE of Florida, Appellee.
TEXT: SCHWARTZ, Chief Judge. These are appeals from county court convictions for driving with a
su...-Mendoza, 468 U.S. at 1039-40, 104 S.Ct. at 3483-84, 82 L.Ed.2d at 786; United States v. Crews,
445 U.S. 463, 100 S.Ct. 1244, 63 L.Ed.2d 537 (1980).
484-CITE: 464 So.2d 248 Michael H. BISHOP and Avis Rent A Car System, Inc., Appellants, v. Mark OCHRACH
and Beth Ochrach, Appellees.
TEXT: PER CURIAM. Michael Bishop and Avis Rent A Car System, Inc. appeal from a final order
entere...convince us that the passions of the jury were inflamed or otherwise influenced. No
reversible error having been demonstrated, we affirm. Affirmed.
485-CITE: 681 So.2d 802 STATE of Florida, Appellant, v. Charles T. STACHELL, Appellee.
TEXT: QUINCE, Judge. The State of Florida challenges an order entered by the trial court granting
...ing the evidence is hereby reversed, and this case is remanded to the trial court for further
proceedings. PARKER, A.C.J., and LAZZARA, J., concur.
486-CITE: 553 So.2d 1376 Ann Wright McMILLION and Walter McMillion, Appellants, v. James Daniel WHALEN
and Sunshine Office Supplies, Inc., Appellees.
TEXT: CAMPBELL, Chief Judge. Appellants in this appeal present the single question of whether the
... the plaintiff s medical evidence of permanent injury based on a reasonable degree of medical
probability. Affirmed. RYDER and LEHAN, JJ., concur.
487-CITE: 754 So.2d 174 Carole E. FOTHERGILL, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, M., Senior Judge. Carole E. Fothergill was charged by information for failure to
s... was not taken into custody, so speedy trial time had not expired when she filed her motion for
discharge. AFFIRMED. COBB and HARRIS, JJ., concur.
488-CITE: 565 So.2d 870 Lloyd FREEMAN, Appellant, v. FLEET SUPPLY, INC., Appellee.
TEXT: MINER, Judge. Appellant, Lloyd Freeman, appeals from a summary judgment which was entered
in...2d 666, 668 (Fla.1985). Accordingly, summary judgment is reversed and the cause remanded.
REVERSED and REMANDED. WIGGINTON and ALLEN, JJ., concur.
489-CITE: 568 So.2d 1353 Tyrone MARION, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. Tyrone Marion appeals that portion of his sentence for sale of cocaine
in...ars. See Section 332.055(1), Fla.Stat. (1987). Otherwise, Marion s judgment and sentence are
affirmed. CAMPBELL, A.C.J., and PATTERSON, J., concur.
490-CITE: 459 So.2d 1068 Ronald Dean JONES, Petitioner, v. STATE of Florida, Respondent.
TEXT: LEHAN, Judge. This case involves the constitutionality of an arrest made at a police
roadblo...uidance for the trial courts to promote consistency of decisions. The motion for
rehearing en banc is denied. RYDER, C.J., and DANAHY, J., concur.
491-CITE: 507 So.2d 1178 Thomas P. MONDELLO and Mary C. Mondello, Appellants, v. LIBERTY MUTUAL
INSURANCE COMPANY, Appellee.
TEXT: HALL, Judge Appellants Thomas and Mary Mondello appeal a summary final judgment entered in
f...stant case. Therefore, the Mondellos cannot seek uninsured motorist benefits from Liberty
Mutual. Affirmed. RYDER, A.C.J., and LEHAN, J., concur.
492-CITE: 660 So.2d 312 Tyrone JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Acting Chief Judge. Following the denial of his motion to suppress, Tyrone Jackson
en...e motion to suppress and remand with direction that Jackson s conviction be reversed and that
he be discharged. ALTENBERND and QUINCE, JJ., concur.
493-CITE: 547 So.2d 706 Ronnie ROACHE, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Chief Judge. Appellant, Ronnie Roache, appeals both his conviction and sentence
for... the sentence and remand for resentencing within the guidelines range. Schull v. Dugger, 515
So.2d 748 (Fla.1987). BOOTH and BARFIELD, JJ., concur.
494-CITE: 650 So.2d 1021 Keith GEHRMANN, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. This Petition for Writ of Certiorari is directed to the circuit court sitting
in... to the defense. We deny certiorari, as the circuit court applied the correct law in reaching
its decision. GUNTHER, STONE and POLEN, JJ., concur.
495-CITE: 697 So.2d 198 Donald L. FERRELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Donald Ferrell appeals from his judgment and sentence for two counts of
ag...judgment and sentence for two counts of aggravated battery and remand for a new trial.
Reversed and remanded. FRANK, A.C.J., and BLUE, J., concur.
496-CITE: 721 So.2d 320 Tina JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: WHATLEY, Acting Chief Judge. Tina Jones appeals her conviction for driving while her
license...ate v. Riley, 698 So.2d 374 (Fla. 2d DCA 1997) (holding that go-peds are motor vehicles),
is dicta. Affirmed. NORTHCUTT and SALCINES, JJ., concur.
497-CITE: 701 So.2d 637 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Martha PRUE, Respondent.
TEXT: PARKER, Chief Judge. State of Florida, Department of Highway Safety and Motor Vehicles
(Depa...earing. Therefore, we grant the Department s petition for writ of certiorari and quash the
circuit court s order. FRANK and NORTHCUTT, JJ., concur.
498-CITE: 502 So.2d 1293 Tommy BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. Appellant, Tommy Brown, appeals the sentence imposed upon his conviction for
...less. Accordingly, we reverse and remand for resentencing. REVERSED and REMANDED. WENTWORTH,
J., and HALL, J. LEWIS, Jr., Associate Judge, concur.
499-CITE: 504 So.2d 9 Francis VALDEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant was convicted of second degree grand theft in violation of
sectio...ing reasons, and upon the authority of the cases cited, appellant s judgment and sentence
is reversed. GRIMES, A.C.J., and SCHOONOVER, JJ., concur.
500-CITE: 707 So.2d 402 STATE of Florida, Appellant, v. Jerry S. BROWN, Appellee.
TEXT: HARRIS, Judge. Jerry S. Brown.was charged with driving under the influence, driving while
li...CA 1991); Nolan s Towing & Recovery v. Marino Trucking, Inc., 581 So.2d 644 (Fla. 3d DCA 1991).
I would dismiss the appeal for lack of jurisdiction.
501-CITE: 667 So.2d 919 Douglas M. CHAMNESS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this Anders appeal, (FN1) we affirm the judgment and sentence, but remand
for...(1967). *920 1994). The trial court is therefore directed to correct the written judgment
accordingly. BOOTH, JOANOS and VAN NORTWICK, JJ., concur.
502-CITE: 620 So.2d 1014 Jimmy Lee LANE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant here seeks review of his conviction and sentence for sale of cocaine.
... contention that the trial court erred in permitting him to be improperly impeached. REVERSED.
SMITH and MINER, JJ., concur. BOOTH, J., dissents.
503-CITE: 505 So.2d 668 In re the FORFEITURE OF $6,003.00 IN U.S. CURRENCY. DEPARTMENT OF HIGHWAY SAFETY
AND MOTOR VEHICLES, Appellant, v. Oswald COLEMAN and Jessie Williams, Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment ordering the Department of Highway Safety
...ot contraband per se the Department is bound to return it to the persons from whom it was taken.
AFFIRMED. UPCHURCH, C.J., and COWART, J., concur.
504-CITE: 745 So.2d 1024 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Robert G. ABBEY, Jr., Respondent.
TEXT: PER CURIAM. The State of Florida, Department of Highway Safety, seeks certiorari review of
t...nial of Abbey s application for a hardship license. Petition granted; decision quashed.
ALTENBERND, A.C.J., and WHATLEY and SALCINES, JJ., Concur.
505-CITE: 640 So.2d 1228 Terje PERSEN and Elizabeth Dryhurst, as Personal Representative of the Estate
of Mette Valland, Appellants, v. The SOUTHLAND CORPORATION, a Texas corporation, Phil and Eddie s
Inc., a Florida corporation, Carol Bray Enterprises, Appellees.
TEXT: POLEN, Judge. Plaintiff-appellants Terje Persen and Elizabeth Dryhurst (personal
representat...Y TO A RETAIL SELLER WHO SELLS TO AN ADULT CLOSED CONTAINER ALCOHOLIC BEVERAGES FOR
CONSUMPTION OFF PREMISES? ANSTEAD and STEVENSON, JJ., concur.
506-CITE: 639 So.2d 203 Clyde EDWARDS, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. For a single death he caused while driving under the influence,
...the conviction for vehicular homicide, affirm the conviction for DUI manslaughter, and remand for
resentencing. PARKER and ALTENBERND, JJ., concur.
507-CITE: 639 So.2d 612 FLORIDA BOARD OF BAR EXAMINERS re C.A.M.
TEXT: PER CURIAM. C.A.M. petitions this Court for review of the recommendation of the Florida
Boar...ion for admission to The Florida Bar. It is so ordered. GRIMES, C.J., OVERTON, SHAW, KOGAN
and HARDING, JJ., and McDONALD, Senior Justice, concur.
508-CITE: 575 So.2d 779 STATE of Florida, Appellant, v. Michael Edwin MAHOY, Appellee.
TEXT: W. SHARP, Judge. Pursuant to Florida Rule of Appellate Procedure 9.160, the county court
cer...emeanor of the second degree for any person to willfully fail or refuse to comply with any
lawful order or direction of any law enforcement officer.
509-CITE: 671 So.2d 161 STATE of Florida, Appellant, v. Harold EVERETT, Appellee.
TEXT: QUINCE, Judge. The state seeks reversal of an order of the trial court granting Harold
Evere...ing the motion is reversed, and this cause is remanded for proceedings consistent with this
opinion. SCHOONOVER, A.C.J., and PATTERSON, J., concur.
510-CITE: 444 So.2d 579 STATE of Florida, Appellant, v. Brian L. ADAMSON, Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. The state appeals from an order ruling that section
316.1932(... therefore reverse the trial court s order. See also Pardo v. State, 429 So.2d 1313
(Fla. 5th DCA 1983). REVERSED. DAUKSCH and SHARP, JJ., concur.
511-CITE: 664 So.2d 275 Michael DACEK, Appellant, v. STATE of Florida, Appellee.
TEXT: WOLF, Judge. Michael Dacek appeals, challenging certain costs which were imposed after he
en...mand to the trial court to perform the ministerial duty of striking these costs. We affirm as
to all other costs. LAWRENCE and BENTON, JJ., concur.
512-CITE: 549 So.2d 771 The STATE of Florida, Petitioner, v. James JOINES, Respondent.
TEXT: NESBITT, Judge. By common law certiorari, the state seeks review of a decision of the
appell... and the decision of the appellate division, Eleventh Judicial Circuit, is quashed with
directions to remand the cause for trial. It is so ordered.
513-CITE: 585 So.2d 1061 AMELIA ISLAND COMPANY, a Florida Corporation; Amelia Island Plantation
Community Association, a Florida corporation; Amelia Island Surf and Racquet Club Association, Inc.,
a Florida corporation; The Ritz-Carlton Hotel Company, a Georgia corporation; Summertel Associates,
a Georgia Limited Partnership, a Georgia limited partnership; Georgia AI Resort Limited Partnership,
a Georgia limited partnership; Summer Beach Resort and Country Club, a Florida partnership; Summer
Beach, Ltd., a Florida partnership; Summer Beach I Community Association, a Florida corporation;
Summer Beach II Community Association, a Florida corporation; and Summer Beach Two, a Florida
partnership, Appellants, v. NASSAU COUNTY, Florida and Laurie Ellis, Appellees.
TEXT: WENTWORTH, Judge. Appellants, owners of hotels along Amelia Island Beach, challenge a
circui...ment is affirmed in part, reversed in part, and remanded for entry of judgment in
conformity with this opinion. JOANOS, C.J., and WOLF, J., concur.
514-CITE: 515 So.2d 206 Kendra Sue MACIAS, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. This cause is before the Court on petition for review of the decision of the
Fou...s raised, so also every person may be presumed to have normal faculties, so that no fact issue
thereupon exists unless one is raised by the defense.
515-CITE: 563 So.2d 213 Richie Lee TYNDAL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. A jury found Tyndal guilty of being in actual physical control of a vehicle
whil...that the jury verdict was contrary to the weight of the evidence. Accordingly, the conviction
is AFFIRMED. ERVIN, WENTWORTH and MINER, JJ., concur.
516-CITE: 643 So.2d 78 YELLOW CAB COMPANY OF TAMPA, INC., a Florida corporation, Joseph A. Russo, and
Gordon Stanley Miller, Appellants, v. PFIZER PHARMACEUTICALS, INC., Appellee.
TEXT: FRANK, Chief, Judge. Gregory Bolds, a passenger in a Yellow Cab, was injured when the cab
wa.... 1st DCA 1962). Accordingly, we reverse the final judgment and remand for a new trial.
Reversed and remanded. PATTERSON and FULMER, JJ., concur.
517-CITE: 574 So.2d 1126 Mario ROA, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Mario Roa appeals the trial court s revocation of his probation and
community...cing hearing. RYDER, A.C.J., and THREADGILL, J., concur. ------------ (FN1) This case
is currently pending review before the Florida Supreme Court.
518-CITE: 738 So.2d 962 STATE of Florida, Appellant, v. Christopher D. BRAY, Appellee.
TEXT: SALCINES, Judge. The State appeals the downward departure sentence Christopher D. Bray
recei... 611 So.2d 596 (Fla. 2d DCA (1993). Reversed and remanded for further proceedings.
PATTERSON, A.C.J., and DANAHY, PAUL W., (Senior) Judge, Concur.
519-CITE: 532 So.2d 1127 The STATE of Florida, Petitioner, v. Carmine TRONOLONE, Respondent.
TEXT: PER CURIAM. The State of Florida filed a petition for writ of certiorari seeking review of
a...its opinion and remand to the trial court for further proceedings consistent with this opinion.
Certiorari granted; cause remanded with directions.
520-CITE: 579 So.2d 299 In the Interest of P.J., a child.
TEXT: PER CURIAM. Appellant, a juvenile, was charged with violation of section 838.021(1)(a) and
(...ic defender s fee without notice and a hearing. See Thomas v. State, 486 So.2d 69 (Fla. 4th DCA
1986). GLICKSTEIN, WARNER and GARRETT, JJ., concur.
521-CITE: 562 So.2d 710 Jo-el Paula NAUMOWICZ, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Jo-el Paula Naumowicz has appealed from a conviction of DUI manslaughter. We
...cise of its power to pardon Naumowicz with regard to that death. We therefore affirm as to this
issue. Affirmed. SMITH and WENTWORTH, JJ., concur.
522-CITE: 598 So.2d 318 Alfonzo B. LEWIS, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et al.,
Appellees.
TEXT: JOHNSON, W.C., Jr., Associate Judge. Alfonzo Lewis appeals an administrative order of the
Fl...efits and such other proceedings consistent with this ruling. ORDER QUASHED; REMANDED. COBB,
J., concurs. GRIFFIN, J., dissents, without opinion.
523-CITE: 604 So.2d 869 Carlos LIDSKY, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee.
TEXT: JORGENSON, Judge. Carlos Lidsky appeals from an order of final summary judgment declaring
le... Rate on, Automobile Insurance Policy, Based on Driving Record, 36 A.L.R.4th 1205 (1985 &
Supp.1991). Based upon the foregoing analysis, we affirm.
524-CITE: 490 So.2d 97 Antonio Ramon GASSET, Petitioner, v. The STATE of Florida, Respondent.
TEXT: JORGENSON, Judge. Antonoio Gasset seeks review of an order of the circuit court, appellate
d...ourt departed from the essential requirements of law. I would grant the petition for writ of
certiorari, and quash the opinion of the circuit court.
525-CITE: 634 So.2d 818 STATE of Florida, Appellant, v. Anthony SZEMPRUCH, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a sentence. Appellant alleges and appellee agrees
the.... For some reason that does not make itself evident on the cold record, nobody below seems to
think this defendant should get a guidelines sentence.
526-CITE: 438 So.2d 1036 Norman Gene COLLINS, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Judge. Norman Gene Collins challenges his conviction for burglary of a structure and
...d. This case is remanded with directions to the trial court to discharge appellant. REVERSED and
REMANDED. HOBSON, A.C.J., and DANAHY, J., concur.
527-CITE: 511 So.2d 401 Daniel Lee HOAG, Appellant, v. STATE of Florida, Appellee.
TEXT: COWART, Judge. The defendant, Daniel Lee Hoag, intoxicated and driving a motor vehicle,
negl.... Unless the defendant elects to be resentenced, he is entitled to not be resentenced. See,
e.g., Kelly v. State, 508 So.2d 788 (Fla. 5th DCA 1987).
528-CITE: 689 So.2d 424 Jack LONDON and Trina London, Appellants, v. ATLANTIC MUTUAL INSURANCE COMPANY,
Appellee.
TEXT: KLEIN, Judge. We withdraw our previously issued opinion and substitute the following in its
..., which will be limited to plaintiff s comparative negligence, if any, and damages. WARNER, J.,
and HAZOURI, FREDERICK A., Associate Judge, concur.
529-CITE: 683 So.2d 644 Rafael CENTELLAS, Appellant, v. SCHOOL BOARD OF DADE COUNTY, Appellee.
TEXT: SCHWARTZ, Chief Judge. This is an appeal from a School Board decision which overruled the
he...he order below on the authority of those decisions and remand with directions to adopt the
penalty recommendation of the hearing officer. Reversed.
530-CITE: 430 So.2d 989 Michael LANE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We find no merit in either of Lane s contentions on appeal from his armed
robber...- (FN1) The prosecutor asserted the contrary under an apparently-self-created but hitherto
and hereafter unknown BOLO exception to the hearsay rule.
531-CITE: 742 So.2d 821 Jonathan BOWLES, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, C.J. The appellant was convicted of aggravated battery after a trial during which
th...ment compels that result. For these reasons, we reverse and remand for a new trial. SHAHOOD,
J., and CHAVIES, MICHAEL B., Associate Judge, concur.
532-CITE: 458 So.2d 863 Mark HAMILTON, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. This is an appeal from judgments of guilty of battery on a low enforcement
of...ety of arguing intoxication as a defense to one charge and lack of intoxication as a defense to
another charge under the circumstances of this case.
533-CITE: 493 So.2d 445 SOUTHEASTERN FIDELITY INS. CO., Petitioner, v. Mark COLE, et al., Respondents.
TEXT: ADKINS, Justice. We have for review Cole v. Southeastern Fidelity Insurance Co., 469 So.2d
9...ingly, we approve the decision of the district court. It is so ordered. McDONALD, C.J., and
BOYD, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.
534-CITE: 691 So.2d 41 Montemus JENKINS, II, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks review of the order finding him in violation of his probation.
W...n. Daniels v. State, 680 So.2d 490 (Fla. 1st DCA 1996); Gavins v. State, 587 So.2d 487 (Fla. 1st
DCA 1991). MINER, ALLEN and PADOVANO, JJ., concur.
535-CITE: 479 So.2d 816 STATE of Florida, Appellant, v. Bryan Kent ANDERSON, Appellee.
TEXT: ANSTEAD, Judge. This is an appeal by the state from a trial court order holding that the
pol...d that the officer lacked a founded suspicion to support the detention herein. The Motion to
Suppress is granted. DOWNEY and WALDEN, JJ., concur.
536-CITE: 500 So.2d 657 STATE of Florida, Appellant, v. Danny Ray WEITZ, Appellee.
TEXT: BARFIELD, Judge. Danny Ray Weitz was charged with DUI, in violation of section 316.193,
Flor...rejudicial effect of that fact on the jury appear to virtually eliminate the possibility of a
conviction for DUI controlled substances in his court.
537-CITE: 483 So.2d 130 TOYOTA MOTOR CORPORATION, Petitioner, v. Cherri J. GREENE, Respondent.
TEXT: THOMPSON, Judge. In its petition for writ of certiorari Toyota Motor Corporation (Toyota)
se...gatory 2(a) is quashed and the cause is remanded to the trial court for proceedings consistent
with this opinion. ZEHMER and BARFIELD, JJ., concur.
538-CITE: 596 So.2d 773 STATE of Florida, Appellant, v. Eric D. BENTLEY, Appellee.
TEXT: PATTERSON, Judge. The state appeals the order granting Eric D. Bentley s motion to suppress
...tempting to enforce the traffic laws of Florida in the normal course of their duties. Reversed
and remanded. LEHAN, A.C.J., and FRANK, J., concur.
539-CITE: 749 So.2d 514 James Lee PORTER, Appellant, v. STATE of Florida, Appellee.
TEXT: FULMER, Judge. The issue raised in this appeal is whether a motion for new trial was timely
...uent, myriad proceedings and its failure to earlier challenge the timeliness of the motion. See
Clifton v. State, 697 So.2d 1000 (Fla. 2d DCA 1997).
540-CITE: 528 So.2d 69 Walter BARNES, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: BLOOM, PHILIP, Associate Judge. This is an appeal from convictions of manslaughter by
intoxi...r manslaughter by culpable negligence, but the remainder of the judgment of conviction and
sentence is affirmed. GLICKSTEIN and STONE, JJ., concur.
541-CITE: 447 So.2d 987 SHERATON BAL HARBOUR and Insurance Company of North America, Appellants, v. John
PLATIS, employee, and the Division of Workers Compensation, Appellees.
TEXT: THOMPSON, Judge. In this appeal from a compensation order requiring the employer and
carrier...t that I would modify the order to require the E C to pay claimant s wife for her services
at the rate of $5.00 per hour rather than $6.50 per hour.
542-CITE: 655 So.2d 1139 Willard M. LONGSHORE, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Judge. On October 9, 1993, appellant, William M. Longshore [ Longshore ], was
opera...See Section 775.089(1)(a), Fla.Stat. (1993). I would affirm the imposition of restitution as
a condition of probation. For these reasons, I dissent.
543-CITE: 523 So.2d 762 Barbara Ann MAGAW, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Barbara Ann Magaw appeals the judgment and sentence rendered against. her
for..., 497 So.2d 638 (Fla.1986) still valid in light of section 316.193(3)(c) Florida Statutes
(Supp.1986)? Affirmed. ERVIN and BARFIELD, JJ., concur.
544-CITE: 642 So.2d 605 Harold Lee WALKER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Harold Walker appeals his convictions and sentences for battery on a law
enforce...h, the evidence had no probative value and was instead highly prejudicial. REVERSED and
REMANDED for new trial. ERVIN, WOLF and KAHN, JJ., concur.
545-CITE: 632 So.2d 1090 Richard C. DAVIE, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Judge. We affirm Davie s convictions and sentences for Counts I and II. But, we
vacat...ence on Count II VACATED; REMANDED for resentencing. HARRIS, C.J., and GOSHORN, J., concur.
------------ (FN1) Section 322.34(3), Fla.Stat. (1991).
546-CITE: 693 So.2d 1143 Robin FRAZIER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robin Frazier (Frazier) appeals her convictions for driving while under the
infl...irm in all other respects. Affirmed in part, reversed in part, and remanded for consistent
proceedings. MINER, LAWRENCE and PADOVANO, JJ., concur.
547-CITE: 567 So.2d 966 Carl Andrew HAAS, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING EN BANC HARRIS, Judge. In response to Appellant s motion for
rehear... time of the offense in either an impairment or a UBAL case. AFFIRM. DAUKSCH, COBB, W.
SHARP, COWART, GOSHORN, PETERSON, and GRIFFIN, JJ., concur.
548-CITE: 616 So.2d 643 Jesse Lee STONE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s convictions and sentences for two counts of robbery with
a...te, 587 So.2d 1168 *644 (Fla. 4th DCA 1991); Collins v. State, 577 So.2d 986 (Fla. 4th DCA
1991). AFFIRMED. DELL, GUNTHER and FARMER, JJ., concur.
549-CITE: 705 So.2d 1071 James CARTER, Petitioner, v. STATE of Florida, and Joanne Holman, Clerk of
Court for St. Lucie County, Respondents.
TEXT: PER CURIAM. Petitioner seeks a writ of mandamus in reference to a charge of driving while
hi...he writ without prejudice to petitioner raising any of the issues he raises herein at a later
time. STONE, C.J., and WARNER and KLEIN, JJ., concur.
550-CITE: 639 So.2d 151 James Steven BERNING, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The appellant, Berning, contends the facts adduced at his trial were
insufficie...le of Criminal Procedure 3.190(c)(4). See e.g., State v. Patel, 453 So.2d 218 (Fla. 5th
DCA 1984). AFFIRMED. HARRIS, C.J. and DAUKSCH, J., concur.
551-CITE: 731 So.2d 48 Wade H. WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant challenges his judgment and sentence for DUI
manslau...lant was driving his vehicle when the accident occurred that resulted in the death of Mark
Yates. Affirmed. THREADGILL and CASANUEVA, JJ., Concur.
552-CITE: 757 So.2d 550 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Brian FARR,
Respondent
TEXT: W. SHARP, J. The State of Florida Department of Highway Safety & Motor Vehicles
(Department)... v. Green, 702 So.2d 584 (Fla. 2d DCA 1997). GRANT WRIT; QUASH ORDER OF CIRCUIT
COURT. THOMPSON, J. concurs. GRIFFIN, J., concurs in result only.
553-CITE: 562 So.2d 394 John E. RAMSEY, Appellant, v. STATE of Florida, Appellee.
TEXT: COWART, Judge. The defendant appeals a guidelines departure sentence imposed after a
violati...l conduct as a valid ground for departing from a recommended guideline sentence but the
statute also defines and limits the term escalating pattern.
554-CITE: 634 So.2d 201 Jose SALDANA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Jose Saldana from final judgments of
convicti...6 (Fla. 3d DCA 1988); Williams v. State, 511 So.2d 740 (Fla. 5th DCA 1987); see also
Barkley v. State, 522 So.2d 431 (Fla. 1st DCA 1988). Affirmed.
555-CITE: 564 So.2d 160 Alexander GIARRUSSO, Appellant, v. AMICA MUTUAL INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Appellant s vehicle was insured by Nationwide. Appellant s wife s vehicle was
in...is to invalidate the express language of the parties insurance contract. GLICKSTEIN, and DELL,
JJ., and MICHAEL H. SALMON, Associate Judge, concur.
556-CITE: 748 So.2d 352 Pablo GOMEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the defendant s convictions and sentences for trafficking in cocaine
a...luntarily gave the officer consent to search the car for his registration and insurance card.
Denehy v. State, 400 So.2d 1216 (Fla.1980). Affirmed.
557-CITE: 637 So.2d 946 The STATE of Florida, Appellant, v. Harold Keith JOY, Appellee.
TEXT: PER CURIAM. The State of Florida appeals from an order of suppression. For the following
rea...when Officer Diaz stopped Joy s vehicle, the officer had a reasonable suspicion that Joy had
committed the crime of travelling at an unlawful speed.
558-CITE: 667 So.2d 271 Franklin NEWMAN, as personal representative for the estate of Sally Newman,
Appellant, v. William HERRIN, Appellee.
TEXT: JOANOS, Judge. Sally Newman was killed in a motor vehicle collision while driving a 1988
Toy... of the jeep s unlawful headlight height appears in the deposition testimony of the Highway
Patrol trooper who conducted the accident investigation.
559-CITE: 599 So.2d 248 Roberto IGLESIAS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, a minor, seeks review of his conviction as an adult and his
sente...Safer, 368 So.2d 620 (Fla. 1st DCA 1979); see also State v. Cain, 381 So.2d 1361 (Fla.1980).
For these reasons, I would affirm Iglesias convictions.
560-CITE: 595 So.2d 969 The STATE of Florida, Appellant, v. Douglas DIAZ, Appellee.
TEXT: PER CURIAM. Affirmed. Alabama v. White, 496 U.S. 325, 110 S.Ct. 2412, 110 L.Ed.2d 301
(1990)... reversal of the trial court s order. In our view, Crooks, a fact-scant, one-paragraph
opinion of a divided court, is overruled by White. Affirmed.
561-CITE: 586 So.2d 1301 Garry VINYARD, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. The state charged the defendant, Garry Vinyard, with purchase of
...e community control condition 12. Otherwise, we affirm the defendant s sentence. Remanded with
directions. THREADGILL and ALTENBERND, JJ., concur.
562-CITE: 618 So.2d 737 Bobby Clay MARTIN, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING JOANOS, Chief Judge Appellant seeks rehearing of that portion of
th...on, that appellant not drive a motor vehicle for two years. See Blair v. State, 554 So.2d 1226
(Fla. 2d DCA 1990). WIGGINTON and WOLF, JJ., concur.
563-CITE: 732 So.2d 331 William Howard HESTER, Appellant, v. STATE of Florida, Appellee.
TEXT: WEBSTER, Judge. Appellant seeks review of an order denying his motion for postconviction
rel...cts, the trial court s order is affirmed. AFFIRMED IN PART; REVERSED IN PART; and REMANDED,
with directions. BARFIELD, C.J., and KAHN, J., concur.
564-CITE: 601 So.2d 1328 Ronald Arnold MADAFFER, as personal representative of the estate of Ronald Alan
Madaffer, deceased, Appellant, v. MANAGED LOGISTICS SYSTEMS, INC., a Florida corporation, James
Summers, Everett Pete Slack, Steven Hackney, Robert Kennedy, and Virgil A. Herek, Appellees.
TEXT: HALL, Judge. The appellant, Ronald Arnold Madaffer, as personal representative of the
estate...en Hackney *1330 and remand for further proceedings consistent with this opinion. Reversed
and remanded. SCHOONOVER, A.C.J., and BLUE, J., concur.
565-CITE: 442 So.2d 1002 Edwin A. MORELAND, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was convicted of two counts of manslaughter by intoxication for which
...lifetime revocation under some circumstances, was inapplicable because the conduct which led to
appellant s conviction occurred before July 1, 1982.
566-CITE: 636 So.2d 1327 Carlis LINDSEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Carlis Lindsey appeals his convictions of first-degree murder and sentences of
d...emeditation beyond a reasonable doubt. Accordingly, I would reverse and remand with directions
that Lindsey be resentenced for second degree murder.
567-CITE: 471 So.2d 1345 Margarito ALFARO a k a Rubin Martinez, Appellant, v. STATE of Florida,
Appellee.
TEXT: ANSTEAD, Chief Judge. This is an appeal from multiple convictions of manslaughter by
drunken...ot he facts of this case, even if we were authorized to do so. Accordingly, we reverse
and remand for a new trial. HURLEY and WALDEN, JJ., concur.
568-CITE: 711 So.2d 1337 David HINRICHSEN, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Acting Chief Judge. The appellant challenges a habitual felony offender
sentence...e trial court. We therefore reverse the appellant s sentence and remand for resentencing.
Reversed and remanded. PATTERSON and GREEN, JJ., concur.
569-CITE: 616 So.2d 592 Eric C. NORSTROM, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reconsider this appeal in accordance with the supreme court s opinion in
Stat... other issues, we affirm. We remand for amendment of the judgment and sentence in accordance
with this opinion. LETTS, DELL and STONE, JJ., concur.
570-CITE: 550 So.2d 1190 Allen Lloyd KINMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Judge. Kinman appeals from his sentences imposed after pleading nolo contendere to
tw...icense and privilege to drive of such person as of the date of such failure and shall send
such person notice of such suspension. (emphasis added)
571-CITE: 586 So.2d 468 Homer Leo WILLS, Jr., Petitioner, v. The Honorable Thomas WILSON, Respondent.
TEXT: PETITION FOR WRIT OF PROHIBITION PER CURIAM. Petitioner, Homer Leo Wills, Jr., seeks a
writ...(1). The motion for discharge was timely and, therefore, incorrectly stricken. The only
option *471 is to grant the motion and discharge petitioner.
572-CITE: 627 So.2d 1269 M.M., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Chief Judge. M.M., a juvenile, was adjudicated delinquent for his alleged
participati...s insufficient, we cannot sustain the adjudication of guilt. Accordingly, we reverse
and vacate M. M. s conviction. RYDER and PARKER, JJ., concur.
573-CITE: 654 So.2d 1252 Richard W. PAYNE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Richard W. Payne appeals the denial of his motion to suppress a firearm.
Because...ence and the order denying his motion to suppress. We remand with instructions to
discharge Payne. PATTERSON, A.C.J., BLUE and FULMER, JJ., concur.
574-CITE: 573 So.2d 998 James Arthur WRIGHT, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of judgments of conviction and sentences for
vehicu...cur. ------------ (FN1) Cf., Sullivan v. State, 562 So.2d 813 (Fla. 1st DCA 1990), where
violation of section 782.071(2) was not separately charged.
575-CITE: 629 So.2d 914 CARROLL AIR SYSTEMS, INC., a Florida corporation, Appellant Cross-Appellee, v.
Brenda GREENBAUM, as Personal Representative of the Estate of Raymond Tyrone Fields, deceased,
Appellee Cross-Appellant.
TEXT: WARNER, Judge. Appellant Carroll Air Systems, Inc., asks us to reverse a judgment in favor
o...o reversible error in the remaining points on appeal and cross-appeal and affirm as to those
issues. Affirmed. GLICKSTEIN and FARMER, JJ., concur.
576-CITE: 516 So.2d 964 STATE of Florida, Appellant, v. Timothy BENNETT, Appellee.
TEXT: COBB, Judge. The state appeals a suppression order in a case charging the defendant,
Timothy...ennett was placed under arrest should not control; it is obvious that the arrest was close
in time and place. I would reverse the suppression order.
577-CITE: 710 So.2d 575 RYDER TRUCK RENTAL, INC., a Florida corporation, Metallic Engineering Co., Inc.,
a Florida corporation, and Jon C. Ball, Appellants cross-appellees, v. James PARTINGTON, Appellee
cross-appellant.
TEXT: STONE, Chief Judge. Plaintiff and an employee of Metallic Engineering were involved in a
col...nd for a new trial on the issue of punitive damages based on vicarious liability. PARIENTE,
BARBARA J. and KARLAN, SANDY, Associate Judges, concur.
578-CITE: 666 So.2d 925 Deron LEVY, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. Appellant s convictions for possession of cocaine, possession of drug
parapher.... Dugger, 515 So.2d 748 (Fla.1987). AFFIRMED in part, REVERSED in part and REMANDED for
further proceedings. BENTON and VAN NORTWICK, JJ., concur.
579-CITE: 726 So.2d 328 Milton GALE, Appellant, v. STATE of Florida, Appellee.
TEXT: NORTHCUTT, Judge. Milton Gale argues that his convictions for three counts of robbery with
a...or judgment of acquittal. Reversed and remanded with directions to discharge Gale. PATTERSON,
A.C.J., and DANAHY, PAUL W., (Senior) Judge, Concur.
580-CITE: 683 So.2d 623 William P. FRASIER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. William Percy Frasier appeals his judgment and sentence for resisting an
officer..., W., HARRIS and THOMPSON, JJ., concur. ------------ (FN1) Section 843.01, Fla.Stat.
(1993). (FN2) Section 316.193(1)(a) & (2)(b), Fla.Stat. (1993).
581-CITE: 466 So.2d 338 Charlotte BOUDREAU, Appellant, v. GENERAL ACCIDENT FIRE AND LIFE INSURANCE
CORPORATION, LTD., Appellee.
TEXT: PER CURIAM. This is an appeal from a declaratory judgment in an insurance coverage case.
Ap...amily member --as in this case. Consumers and sellers of insurance policy products should take
note and require that this gap in coverage be closed.
582-CITE: 553 So.2d 254 Russell WEST, Appellant, v. STATE of Florida, Appellee.
TEXT: GUNTHER, Judge. Russell West (West) appeals the judgments of conviction and sentences for
DU...sed on the conviction for driving with a suspended license but remand for the entry of a
written order thereon. GLICKSTEIN and WALDEN, JJ., concur.
583-CITE: 595 So.2d 279 STATE of Florida, Appellant, v. Darryl Jerome CASH, Appellee.
TEXT: PER CURIAM. The state appeals from a trial court order suppressing a quantity of cocaine
sei...0). The order of suppression under review is reversed and the cause is remanded to the trial
court for further proceedings. Reversed and remanded.
584-CITE: 596 So.2d 515 Eliazar Juan OCHOA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Eliazar Juan Ochoa pled guilty to leaving the scene of an accident with injury
o...e, 584 So.2d 37 (Fla. 2d DCA 1991). We otherwise affirm. Affirmed but remand with directions.
SCHOONOVER, C.J., and DANAHY and FRANK, JJ., concur.
585-CITE: 589 So.2d 1046 James ROSCOE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. DELL and POLEN, JJ., concur. GLICKSTEIN, C.J., concurs specially
wit... in the back and drove away, albeit at a normal rate of speed. We are aware of the decision
in Lefevre v. State, 585 So.2d 457 (Fla. 1st DCA 1991).
586-CITE: 622 So.2d 188 STATE of Florida, Appellant, v. Steven Earl KNIGHT, Appellee.
TEXT: CAWTHON, Senior Judge. The state appeals from an order granting a motion to dismiss an
infor...heless that that lesser included offense of the defendant s manslaughter conviction
appeared to have ample record support. . . . 511 So.2d at 1117.
587-CITE: 534 So.2d 1239 Thomas A. MORGAN, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Chief Judge. Morgan appeals his 24 month community control sentence on the ground
tha...d, it shall not be scored. (emphasis added) See Florida Rules of Criminal Procedure Re
Sentencing Guidelines, 509 So.2d 1088, 1089-1090 (Fla.1987).
588-CITE: 625 So.2d 88 STATE of Florida, Appellee, v. Walter Joseph KNOWLES, Appellee.
TEXT: W. SHARP, Judge. The state appeals from the county court s order which dismissed a DUI
charg...9); Griffin v. State, 457 So.2d 1070 (Fla. 2d DCA 1984); or standing next to a wrecked
vehicle, State v. McGarry, 477 So.2d 1030 (Fla. 2d DCA 1985).
589-CITE: 751 So.2d 1277 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Beverly PERRY,
Respondent.
TEXT: W. SHARP, J. The Department of Highway Safety and Motor Vehicles petitions this court for a
...gly, we grant the writ and quash the circuit court s order. Petition for Writ of Certiorari
GRANTED; Order QUASHED. DAUKSCH and COBB, JJ., concur.
590-CITE: 612 So.2d 623 David Lee ARMSTEAD, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Chief Judge. Appellant, David Lee Armstead, Jr., appeals the judgment and sentence
i...sentence of May 12, 1992, is affirmed, and the cause is remanded for correction of the document
dated May 5, 1992. WIGGINTON and WOLF, JJ., concur.
591-CITE: 606 So.2d 505 Milton JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Milton Jones appeals a judgment and sentence adjudicating him guilty of
possessi...c), Fla.Stat. (1987). Accordingly, we reverse and remand for correction of the judgment
and resentencing. ERVIN, ZEHMER, and BARFIELD, JJ., concur.
592-CITE: 571 So.2d 1386 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Jennifer CEDOLIA,
Appellee.
TEXT: PER CURIAM. After being injured in a car accident, appellee filed a declaratory judgment
act...n that findings of fact must be stated in court, as appellant claims. GLICKSTEIN and WARNER,
JJ., and OFTEDAL, RICHARD L., Associate Judge, concur.
593-CITE: 579 So.2d 306 Eddie SHACKELFORD, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. Eddie Shackelford pleaded no contest to possession of cocaine, a
third-de...on to detain the defendant. F.E.C. v. State, 559 So.2d 413 (Fla. 2d DCA 1990). Reversed
and remanded. CAMPBELL, A.C.J., and PATTERSON, J., concur.
594-CITE: 744 So.2d 1075 Bruce W. GABBARD, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, J. Bruce W. Gabbard, the appellant, contends that section 322.34(2), Florida
Stat...ee Jean v. State, 24 Fla.L.Weekly D1392, -- So.2d --, 1999 WL 393477 (Fla. 4th DCA June 16,
1999). AFFIRMED. WARNER, C.J., and FARMER, J., concur.
595-CITE: 528 So.2d 1221 STATE of Florida, Appellant, v. Hal Stephen CASTILLO, Appellee.
TEXT: WENTWORTH, Judge. The state seeks review of a suppression order entered in a prosecution
for...es do not argue, and we do not address, whether this evidence would be admissible in a
proceeding for the revocation of appellee s driver s license.
596-CITE: 604 So.2d 888 HOLLYWOOD CORPORATE CIRCLE ASSOCIATES, a Florida General Partnership, Appellant,
v. Charles AMATO, Jr., and Cuyhoga Wrecking Corp., etc., Appellees.
TEXT: ALDERMAN, JAMES E., Senior Justice. Appellant-defendant, Hollywood Corporate Circle
Associat.... That being the case, the motion for directed verdict was properly denied. REVERSED and
REMANDED for a new trial. DELL, and GUNTHER, JJ., concur.
597-CITE: 595 So.2d 44 STATE of Florida, Petitioner, v. Troy SINGLETON, Respondent.
TEXT: OVERTON, Justice. The State of Florida petitions for review of Singleton v. State, 578
So.2d...l court for proceedings consistent with this opinion. It is so ordered. SHAW, C.J., and
McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
598-CITE: 576 So.2d 900 In re FORFEITURE OF 1987 CADILLAC, SERIAL NO. 1G6CD5186H4292327 and $1,424
United States Currency. STATE of Florida, Appellant, v. Ricky Leon JOHNSON, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a final order granting forfeiture of
$1,4...irm in part and reverse in part, and remand for further proceedings consistent herewith.
BOOTH and MINER, JJ., and WENTWORTH, Senior Judge, concur.
599-CITE: 679 So.2d 3 Anthony WARE, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Acting Chief Judge. The instant proceeding is before us pursuant to rule 9.160 of
the.... We affirm the county court s denial of the motion to suppress and answer the certified
question in the negative. FULMER and QUINCE, JJ., concur.
600-CITE: 681 So.2d 1215 Torrance MATHIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Torrance Mathis appeals the final judgment and sentence entered after a jury
fou...ANDED. DAUKSCH, GOSHORN and GRIFFIN, JJ., concur. ------------ (FN1) See Faretta v.
California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).
601-CITE: 568 So.2d 548 E.B., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: BASKIN, Judge. E.B., a juvenile, was adjudicated delinquent for aggravated battery with an
a...9). Accordingly, we reverse the adjudication of delinquency for battery with an automobile.
Reversed and remanded with directions to discharge E.B.
602-CITE: 617 So.2d 1058 Terry LITE, Petitioner, v. STATE of Florida, Respondent.
TEXT: MCDONALD, Judge. We have for review State v. Lite, 592 So.2d 1202 (Fla. 4th DCA 1992), in
wh...e trial court for action consistent with this opinion. It is so ordered. BARKETT, C.J., and
OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
603-CITE: 727 So.2d 975 Robert L. MORRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, J. Morris timely appeals from sentences imposed following revocation of his
probat... the sentence to reflect the oral statement of the trial court. AFFIRMED; REMANDED for
Correction of Sentence. PETERSON and THOMPSON, JJ., concur.
604-CITE: 573 So.2d 1078 Walter CAPUTO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Affirmed. However, we remand for correction of the order of revocation of
probat...ress finding of a violation on those grounds. Harrington v. State, 570 So.2d 1140 (Fla. 4th
DCA 1990). GLICKSTEIN, WARNER and GARRETT, JJ., concur.
605-CITE: 723 So.2d 384 KIRKMAN ROAD SPORTS PUB AND RESTAURANT, INC., etc., Appellant Cross-Appellee, v.
Robert DEMPSEY, etc., et al., Appellees Cross-Appellants.
TEXT: PER CURIAM. The issue on appeal is whether the trial court erred in denying a motion for
sum... judgment below was properly denied. We find no merit in the cross-appeal. AFFIRMED.
GRIFFIN, C.J., concurs. HARRIS, J., concurs in result only.
606-CITE: 603 So.2d 89 Gregory Karl EDWARDS, Appellant, v. STATE of FLORIDA, Appellee.
TEXT: HARRIS, Judge. Deputy Englefelt of the Marion County Sheriff s Office observed Gregory Karl
...t s instruction emphasizing the refusal to take the test was harmless error. REVERSED and
REMANDED for a new trial. COBB and GRIFFIN, JJ., concur.
607-CITE: 732 So.2d 415 Phillip MALONEY, Appellant, v. Jason Alexander WILLIAMS, et al., Appellees.
TEXT: GRIFFIN, C.J. This is an appeal of a jury verdict rendered in favor of Jason Williams [
Will...their consideration. We find no merit in Maloney s other issues on appeal. REVERSED and
REMANDED for a new trial. COBB and PETERSON, JJ., concur.
608-CITE: 680 So.2d 617 Edward PERIERA, Appellant, v. FLORIDA POWER & LIGHT COMPANY, Appellee.
TEXT: KLEIN, Judge. Plaintiff was riding a motorcycle on a bike path at night, when he struck a
gu...tiff. We therefore reverse the summary judgment and certify conflict with Powell. STEVENSON,
J., and GROSSMAN, MELVIN B., Associate Judge, concur.
609-CITE: 589 So.2d 348 Billy KEY, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Chief Judge. These consolidated cases comprise an appeal from the denial of a
motion...lony convictions was sequential, appellant must be re-sentenced without reference to the
habitual offender statute. SHIVERS and MINER, JJ., concur.
610-CITE: 606 So.2d 460 Hal A. DAVIS, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. Appellant, Hal Davis, Jr., challenges his conviction for possession of
cannabi...nt s motion to suppress. Accordingly, I respectfully dissent from the majority s
conclusion to the contrary and would affirm defendant s conviction.
611-CITE: 528 So.2d 1272 Gilbert L. PRITCHARD, Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. Appellant seeks review of his conviction of felony DUI under subsections
31...ellant guilty of felony DUI. Accordingly, the conviction is AFFIRMED. THOMPSON and NIMMONS,
JJ., concur. ------------ (FN6) See footnote 2, supra.
612-CITE: 605 So.2d 146 Derrick SHARP, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Chief Judge. Derrick Sharp has appealed from his conviction of carrying a concealed
...the conviction for carrying a concealed weapon is reversed, and the case remanded for a new trial
on that charge only. ALLEN and WOLF, JJ., concur.
613-CITE: 546 So.2d 102 Lisa E. MORRISON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by appellant, Lisa E. Morrison, from multiple convictions and
...in accord herewith. Because a new trial is required we decline to review the other issues raised
on appeal. ANSTEAD, LETTS and WALDEN, JJ., concur.
614-CITE: 683 So.2d 607 Richard JOHNSON, Petitioner, v. STATE of Florida and Honorable Stephen M. Cohen,
County Court Judge, Respondents.
TEXT: KLEIN, Judge. Petitioner was charged, as a result of a single traffic stop, in three
separat...fford petitioner due process and failed to observe the essential requirements of law.
Accordingly, I would deny the petition for writ of certiorari.
615-CITE: 731 So.2d 40 Kristen HUEBNER, Appellant, v. STATE of Florida, Appellee.
TEXT: TAYLOR, J. Kristen Huebner pled no contest to a charge of driving while under the influence
...he motion to suppress and respond to each of the issues of great public importance in the
affirmative. AFFIRMED. POLEN and STEVENSON, JJ., concur.
616-CITE: 505 So.2d 472 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Hampton Rob BELL, Respondent.
TEXT: PER CURIAM. The Department of Highway Safety and Motor Vehicles petitions this court for a
w... in part and denied in part, and this case is remanded for proceedings consistent herewith.
CAMPBELL, A.C.J., and SCHOONOVER and HALL, JJ., concur.
617-CITE: 439 So.2d 963 Steve Randall DOWNS, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. In this appeal from his conviction for grand theft, Section 812.014, Florida
S...re was no withdrawn guilty plea or offer to plead guilty. There being no error below, the
conviction is affirmed. SHIVERS and ZEHMER, JJ., concur.
618-CITE: 559 So.2d 634 INTERAMERICAN CAR RENTAL, INC. Appellant, v. Ramondo ICARO, Appellee.
TEXT: PER CURIAM. Appellant, Interamerican Car Rental Inc. (Interamerican), appeals the granting
o... Corporation v. Scandia, Inc., 353 So.2d 171 (Fla. 3d DCA 1977), and the court received
competent expert evidence to arrive at the award. Affirmed.
619-CITE: 744 So.2d 1193 Kenneth M. PIERCE, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, J. We affirm in part and reverse in part Pierce s conviction and sentence. Pierce s
c...iolation. See Houser v. State, 474 So.2d 1193, 1196 (Fla.1985). We remand for re-sentencing on
counts I, IV, and V. FARMER and TAYLOR, JJ., concur.
620-CITE: 588 So.2d 287 David John SIZENSKY, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, David Sizensky, was convicted of DUI manslaughter and reckless
d...evidence of impairment here. We, therefore, reverse and vacate appellant s conviction for DUI
manslaughter. RYDER, A.C.J., and PARKER, J., concur.
621-CITE: 751 So.2d 658 William HICKS, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, J. Appellant was convicted of first degree murder, burglary with an assault or
batter...ir testimony. We have considered the other issues raised by appellant and find them to be
without merit. Affirmed. FARMER and TAYLOR, JJ., concur.
622-CITE: 624 So.2d 328 Willie James RANDOLPH, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Senior Judge. Appellant appeals his convictions, after jury trial, of false
impriso...nstrated, beyond a reasonable doubt, that the error did not affect the jury s verdict. I
would affirm. State v. DiGuilio, 491 So.2d 1129 (Fla.1986).
623-CITE: 717 So.2d 119 Ronald K. TURNER, Appellant, v. Evelyn H. KOREN, individually, and as Personal
Representative of the Estate of George Koren, Appellee.
TEXT: PER CURIAM. As in Resorts Int l, Inc. v. Spinola, 705 So.2d 629 (Fla. 3d DCA), review
denied,..., review denied, 699 So.2d 1372 (Fla.1997). Accordingly, we reverse the order and remand
for further consistent proceedings. Reversed and remanded.
624-CITE: 670 So.2d 178 Michael L. COOKS, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Fort
Lauderdale Lighthouse for the Blind, Inc., Appellees.
TEXT: STEVENSON, Judge. Appellant, Michael L. Cooks, challenges a final order of the Unemployment
...and remand this cause so that an order may be entered allowing Cooks to receive unemployment
benefits. REVERSED. FARMER and PARIENTE, JJ., concur.
625-CITE: 508 So.2d 1259 STATE of Florida, Appellant, v. John McCLAIN, Appellee.
TEXT: GLICKSTEIN, Judge. The state appeals an order in the criminal division of the Broward
County...fendant had ingested an intoxicating substance, its admissibility should not be barred by
the fact that its admission may have a prejudicial impact.
626-CITE: 435 So.2d 955 Kevin M. EVERETT, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. Everett appeals his conviction and sentence for vehicular homicide and
attem...t jurisdiction, art. V, Section 3(b)(3), Fla. Const., either to correct this
misunderstanding of the law or to reexamine the implications of Filmon.
627-CITE: 571 So.2d 87 Francisco CANALES, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. On March 25, 1989 at around 1:20 a.m. Francisco Canales, while intoxicated,
d...ive years, wherever committed, would justify an enhanced penalty for a subsequent Florida
violent felony. AFFIRMED. COBB and GRIFFIN, JJ., concur.
628-CITE: 551 So.2d 518 Roger LAMBERT, as Guardian Ad Litem for Carol A. Hoffler, an Incompetent Person,
Appellant, v. INDIAN RIVER ELECTRIC, INC., Appellee.
TEXT: STONE, Judge. We reverse a summary final judgment entered in favor of the defendant in a
neg.... 475 (1937). Therefore, the judgment is reversed and remanded for further proceedings.
ANSTEAD J., concurs. LETTS, J., dissents without opinion.
629-CITE: 613 So.2d 1351 David E. MILLER, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Judge. David E. Miller contests the trial court s order denying his motion to
suppres...e, we reverse and remand with directions to the trial court to discharge the appellant.
Reversed and remanded. LEHAN, C.J., and FRANK, J., concur.
630-CITE: 474 So.2d 1264 DIXIE INSURANCE COMPANY, Appellant, v. Paul E. BEAUDETTE, et al., Appellee.
TEXT: Sharp, Judge. Dixie Insurance Company (Dixie) challenges a trial court s order finding that
... 124 So.2d 721 (Fla. 2d DCA 1960) and Home Indem. Co. v. Alday, 213 So.2d 13 (Fla. 1st DCA 1968),
do not address the same issue raised in this case.
631-CITE: 702 So.2d 282 STATE of Florida, Appellant, v. Colleen MANALASAY, Appellee.
TEXT: PER CURIAM. The state appeals a motion to suppress a short cut straw, which an officer
obser... defendant was pulled over for appearing to be driving under the influence of alcohol or
drugs). Affirmed. POLEN, KLEIN and PARIENTE, JJ., concur.
632-CITE: 545 So.2d 500 Henry CRUZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Pursuant to an open plea of guilty, appellant was convicted of armed robbery,
ag...ith directions to proceed in accordance with Leonard, Jenkins and Mays. REVERSED AND REMANDED.
HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.
633-CITE: 632 So.2d 706 STATE of Florida, Appellant, v. Anthony HARRINGTON, Appellee.
TEXT: PER CURIAM. We reverse the trial court s order granting a motion to suppress physical
eviden...iate search incident to arrest. State v. Blanco, 513 So.2d 739 (Fla. 3d DCA 1987).
REVERSED AND REMANDED. ANSTEAD, HERSEY and FARMER, JJ., concur.
634-CITE: 549 So.2d 1119 Tiffany Renee HOLMES, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. Tiffany Holmes pleaded nolo contendere to a charge of unlawful possession of
... reverse Holmes s conviction and remand this cause with directions to discharge appellant.
REVERSED AND REMANDED. SMITH and BARFIELD, JJ., concur.
635-CITE: 559 So.2d 1097 Jerry WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Jerry White, under sentence of death, appeals the denial of postconviction
relie...enting I cannot concur in the majority s conclusion that appellant received a fair trial
with effective assistance of counsel. KOGAN, J., concurs.
636-CITE: 700 So.2d 786 Jody Arlene NOBLE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Jody Arlene Noble, challenges the imposition of a public
defender...See also James v. State, 696 So.2d 1268 (Fla. 2d DCA 1997). Remanded with instructions.
FRANK, A.C.J., and THREADGILL and ALTENBERND, JJ., concur.
637-CITE: 553 So.2d 730 STATE of Florida, Appellant, v. Terry JOHNSTON, Appellee.
TEXT: RYDER, Judge. The opinion filed in this cause on October 27, 1989 is withdrawn and this
opin...inion in that regard as the question was not raised on appeal. Certified question answered
in the negative. SCHEB, A.C.J., and PARKER, J., concur.
638-CITE: 678 So.2d 879 Eugenio YAMPIERRE and Teresa Yampierre, Appellant, v. SEMINOLE CASUALTY
INSURANCE COMPANY, Appellee.
TEXT: ON MOTION FOR CLARIFICATION HARRIS, Judge. We grant Appellee s Motion for Clarification
and... that even a stranger, if using the covered vehicle with the owner s consent, is covered by
the policy. Does a prior designation really do any more?
639-CITE: 578 So.2d 896 Troy SINGLETON, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from a conviction for grand theft, entered after a nolo
conten...the Order denying the return of the appellant s property, in light of our initial ruling,
without prejudice. Reversed and remanded with directions.
640-CITE: 696 So.2d 1293 Nathaniel GANT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Nathaniel Gant challenges the judgments and sentences imposed upon him for the
o...ard v. State, 667 So.2d 1028 (Fla. 2d DCA 1996). Affirmed and remanded with instructions.
SCHOONOVER, A.C.J., and LAZZARA and QUINCE, JJ., concur.
641-CITE: 518 So.2d 393 James BOLIN and wife, Diann Bolin, Appellants Cross-Appellees, v. MASSACHUSETTS
BAY INSURANCE COMPANY, Appellee Cross-Appellant.
TEXT: THREADGILL, Judge. James and Diann Bolin appeal summary judgment entered in favor of
Massach...plicable. We adhere to this decision. Accordingly, the judgment of the trial court is
affirmed. Affirmed. CAMPBELL, A.C.J., and FRANK, J., concur.
642-CITE: 692 So.2d 936 STATE of Florida, Petitioner, v. Kevin TALTY and Gino Rubio, Respondents.
TEXT: WARNER, Judge. The state petitions for certiorari from two decisions of the circuit court
si...d 1381 (Fla. 1st DCA 1987); Graybar Elec. Co. v. Florida Dep t of Revenue, 347 So.2d 718 (Fla.
3d DCA 1977), cert. denied, 358 So.2d 134 (Fla.1978).
643-CITE: 525 So.2d 509 Gary RICE, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. This is an appeal from a misdemeanor judgment and sentence. The county court
h...tional arguments are simply too speculative. The judgment and sentence of the trial court are,
therefore, affirmed. ANSTEAD and DELL, JJ., concur.
644-CITE: 490 So.2d 1349 Nathaniel Earl CLARK, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. Appellant, Nathaniel Earl Clark, was charged with attempted first degree
murd...defendant s sentence was based on this offense. Defendant was sentenced, in effect, for a
charge different than the one to which he had pled guilty.
645-CITE: 655 So.2d 1175 Charles Frederick BARR, Appellant, v. STATE of Florida, Appellee.
TEXT: WOLF, Judge. Barr appeals from a judgment and sentence after a conviction for armed robbery
...d therefore reverse appellant s departure sentence and remand for imposition of a guideline
sentence. See Shull v. Dugger, 515 So.2d 748 (Fla.1987).
646-CITE: 717 So.2d 628 Carlrevius Antonio JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Chief Judge. Carlrevius Johnson [ defendant ] appeals his convictions for
first-deg...e v. State, 366 So.2d 745 (Fla.1978), cert. denied, 444 U.S. 885, 100 S.Ct. 177, 62
L.Ed.2d 115 (1979). AFFIRMED. DAUKSCH and ANTOON, JJ., concur.
647-CITE: 456 So.2d 916 Nelson B. JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. Nelson B. Jackson appeals his conviction of vehicular homicide in violation
o...Supp.1982), and not pursuant to section 316.1932. Accordingly, we find Drury inapplicable to
this case. SHIVERS, THOMPSON, and ZEHMER, JJ., concur.
648-CITE: 666 So.2d 232 Alex ABRAHAM, Appellant, v. Adam DZAFIC, Appellee.
TEXT: FRANK, Acting Chief Judge. Alex Abraham, driving a van owned by A & K Service Corporation,
c.... Hence, we reverse and remand with the direction that the trial court enter a final summary
judgment for Abraham. LAZZARA and QUINCE, JJ., concur.
649-CITE: 591 So.2d 907 PEOPLES RESTAURANT, Petitioner, v. Mary SABO, Respondent.
TEXT: OVERTON, Justice. This is a petition to review Sabo v. Shamrock Communications, Inc., 566
So... in Ellis, approve its decision in the instant case. It is so ordered. SHAW, C.J., and
McDONALD, BARKETT, GRIMES, KOGAN, and HARDING, JJ., concur.
650-CITE: 553 So.2d 375 Stephen VACHRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Vachris pled no contest to grand theft and was put on probation. He was charged
...ith section 322.26. See Mandile v. State, 547 So.2d 1062 (Fla. 2d DCA 1989). Otherwise, affirmed.
LEHAN, A.C.J., and FRANK and PARKER, JJ., concur.
651-CITE: 431 So.2d 652 Phillip Louis GRAHAM, the Curry Corporation, and Allstate Insurance Company,
Appellants, v. Barbara Maguire KEBEL and Miguel Angel Marquez, Appellees.
TEXT: BASKIN, Judge. Appellants seek review of a final judgment entered in favor of appellees
foll...ically or scientifically demonstrable at the end of such period. Chapter 78-374, Laws of
Florida, substantially altered this portion of the statute.
652-CITE: 684 So.2d 823 Gregory Robert RIEHLE, Petitioner, v. STATE of Florida, DEPARTMENT OF HIGHWAY
SAFETY AND MOTOR VEHICLES, BUREAU OF DRIVER IMPROVEMENT, Respondent.
TEXT: PER CURIAM. Gregory Riehle seeks certiorari review of a circuit court order denying his
cert... with directions to quash the order upholding petitioner s license suspension by the
respondent. BLUE, A.C.J., and QUINCE and WHATLEY, JJ., concur.
653-CITE: 734 So.2d 517 Kenneth KINCAID, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Kenneth Kincaid challenges the inclusion of two misdemeanors on his sentencing
s...ons will require resentencing without the inclusion of points for them. SENTENCE VACATED;
REMANDED. GRIFFIN, C.J., COBB and PETERSON, JJ., concur.
654-CITE: 625 So.2d 968 STATE of Florida, Appellant, v. Ross E. DEEN and Edward E. Lewis, Appellees.
TEXT: GOSHORN, Judge. The State of Florida appeals the order of the trial court suppressing the
ma... court entered in favor of both Deen and Lewis and remand the cause for further proceedings.
REVERSED and REMANDED. DAUKSCH and COBB, JJ., concur.
655-CITE: 702 So.2d 584 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Kevin E. GREEN,
Respondent.
TEXT: ALTENBERND, Judge. The State of Florida, Department of Highway Safety and Motor Vehicles
(th... FRANK, J., concur. ------------ (FN2) There is no argument in this case that the breath test
was not an approved test. See Fla.Admin.Code R. 11D-8.
656-CITE: 508 So.2d 436 Carol A. ABRAMS, Appellant, v. GENERAL INSURANCE COMPANY, INC., Appellee.
TEXT: SCHWARTZ, Chief Judge. Mrs. Abrams seeks review of an adverse judgment entered on a jury
ver...he testimony of a particular witness. See Marks v. Delcastillo, 386 So.2d 1259 (Fla. 3d DCA
1980), pet. for review denied, 397 So.2d 778 (Fla.1981).
657-CITE: 716 So.2d 821 Sean McCALLISTER, Appellant, v. STATE of Florida, Appellee.
TEXT: GROSS, Judge. Sean McCallister appeals two aspects of the sentence imposed after a jury
foun...823 Jackson v. State, 662 So.2d 1369, 1372 (Fla. 1st DCA 1995); Section 921.001(6), Fla.Stat.
(1997). AFFIRMED. FARMER and STEVENSON, JJ., concur.
658-CITE: 610 So.2d 116 Alan SILVERMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse the adjudication and sentence for violation of probation of
appellant...elson v. State, 578 So.2d 694, 695-96 (Fla.1991). REVERSED AND REMANDED. GLICKSTEIN,
C.J., HERSEY, J., and DOWNEY, JAMES C., Senior Judge, concur.
659-CITE: 728 So.2d 1232 Antonio Devon GOODMAN, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant was convicted and sentenced for possession of a firearm by a
convi...n, 468 So.2d 1067, 1068 (Fla. 3d DCA 1985). We therefore find no error in the trial court s
denial of the appellant s motion to suppress. Affirmed.
660-CITE: 588 So.2d 72 STATE of Florida, Appellant, v. Leslie LAWTON, a k a Linzie Lawton, Appellee.
TEXT: PER CURIAM. We reverse that portion of the trial court s sentencing order refusing to apply
...a agreement and sentence stand, the sentence should be in accord with the provisions of section
322.055(1). DOWNEY, ANSTEAD and POLEN, JJ., concur.
661-CITE: 532 So.2d 1328 Maria ARENCIBIA, Appellant, v. William LENNON, Appellee.
TEXT: PER CURIAM. Appellant contests an adverse judgment entered in accordance with a jury
verdict...n Ingram v. Pettit, 340 So.2d 922 (Fla.1976). See Moore v. Morris, 475 So.2d 666
(Fla.1985); Landers v. Milton, 370 So.2d 368 (Fla.1979). AFFIRMED.
662-CITE: 530 So.2d 1053 GREAT OAKS CASUALTY INSURANCE COMPANY, Appellant, v. STATE FARM MUTUAL
AUTOMOBILE INSURANCE COMPANY and Rene Chapuis and Laurent Jacques Chapuis, Appellees.
TEXT: DOWNEY, Judge. This appeal arises out of a non-final order granting partial summary
judgment...issue in favor of Rene and Laurent Chapuis and State Farm. Accordingly, the judgment
appealed from is affirmed. GLICKSTEIN and WALDEN, JJ., concur.
663-CITE: 549 So.2d 255 Thomas PIEDISCALZO, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. Appellant was charged with possession of a controlled substance
i...ld have granted appellant s motion to suppress. Reversed and remanded for proceedings
consistent with this opinion. LEHAN and PARKER, JJ., concur.
664-CITE: 655 So.2d 126 Jeanie MELBOURNE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Jeanie Melbourne was driving under the influence when she turned in front of an
...nslaughter and would certify the question to the supreme court since, in my view, the result
herein is in conflict with Troedel, James and Boutwell.
665-CITE: 457 So.2d 601 Sandy BROOKS, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals the trial court s order accepting his plea of nolo
conte...also Savoie v. State, 422 So.2d 308 (Fla.1982); and State v. Valdes, 423 So.2d 944 (Fla. 3d
DCA 1982). AFFIRMED. JOANOS and BARFIELD, JJ., concur.
666-CITE: 536 So.2d 1045 David Michael JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. SMITH, C.J., and WENTWORTH and WIGGINTON, JJ., concur. ON MOTION
FOR...ordingly, we believe the conviction for escape should stand and the motion for rehearing is
therefore denied. WENTWORTH and WIGGINTON, JJ., concur.
667-CITE: 458 So.2d 847 STATE of Florida, Appellant, v. James Lee PRESLEY, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order granting a motion to suppress evidence in a
...eir property. The order is reversed and this cause remanded for trial. REVERSED and REMANDED.
COBB, C.J., and FRANK D. UPCHURCH, Jr., J., concur.
668-CITE: 461 So.2d 1006 STATE of Florida, Appellant, v. Sharon M. PFORR, Appellee.
TEXT: WENTWORTH, Judge. The state appeals an order which grants appellee s motion to dismiss a
cha...f premeditated first degree murder. The order appealed is reversed and the cause remanded for
further proceedings. MILLS and SHIVERS, JJ., concur.
669-CITE: 719 So.2d 339 DEPARTMENT OF HIGHWAY SAFETY, etc., Appellant, v. Sylvie Marie PARSONS,
Appellee.
TEXT: W. SHARP, Judge. The Florida Department of Highway Safety and Motor Vehicles, Division of
Dr...nse suspension, pending the circuit court s certiorari review of the case below. Stockman.
REVERSED and REMANDED. GOSHORN and HARRIS, JJ., concur.
670-CITE: 541 So.2d 631 Danielle Sandra BARRIER and Bealer L. Barrier, Appellants, v. James M. DUNCAN
and Tonya A. Duncan, Appellees.
TEXT: BOOTH, Judge. This cause is before us on appeal of a final judgment based on a jury verdict
...ion because the issue of recklessness was not pleaded. (FN3) Instruction quoted, supra, is from
Section 316.192, Florida Statutes, Reckless driving.
671-CITE: 578 So.2d 50 Robert Mark HUGHES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The sole point raised in each of these appeals is whether the trial court had
th...al court for further proceedings in compliance with section 322.26, Florida Statutes (1987).
SCHEB, A.C.J., and THREADGILL and PARKER, JJ., concur.
672-CITE: 547 So.2d 952 Daniel GRANT, Jr., Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. In November of 1986, Daniel Grant, Jr., the defendant, attempted to steal a gun
... departure). Accordingly, we vacate the sentence, and reverse and remand for resentencing within
the 17-22 guideline range. Reversed and remanded.
673-CITE: 446 So.2d 1186 Ward William CHAPMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: LETTS, Judge. The defendant was charged with possession of cocaine and driving under the
inf... We, therefore, remand the matter to the trial court for a hearing in accordance herewith.
REVERSED AND REMANDED. BERANEK and HERSEY, JJ., concur.
674-CITE: 452 So.2d 605 William Terry BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. William Terry Brown was convicted by a jury of DWI manslaughter, section
316.193...firmed, the conviction of vehicular homicide is reversed, and the case is remanded with
instructions. OTT, C.J., and DANAHY and LEHAN, JJ., concur.
675-CITE: 718 So.2d 912 STATE of Florida, Appellant, v. Alberto PEREZ, Appellee.
TEXT: W. SHARP, Judge. The state appeals from the trial court s order granting Perez motions for
a...ty result on the basis of the rule of lenity as explained in State v. Powell, 674 So.2d 731
(Fla.1996) and Eaton v. State, 438 So.2d 822 (Fla.1983).
676-CITE: 724 So.2d 653 STATE of Florida, Appellant, v. Rhonnie CLARK, Appellee.
TEXT: HARRIS, J. On February 4, 1997, Clark was charged with driving while license suspended or
re...simply disagrees with the factual findings of the trial judge. I would affirm on the authority
of State v. Hill, 698 So.2d 647 (Fla. 5th DCA 1997).
677-CITE: 670 So.2d 1180 Mark HUNT, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Mark Hunt appeals the denial of his petition to seal the record in case
89-43414...e trial court had the discretion to deny the petition, even if Hunt had met the statutory
criteria. Accordingly, the order under review is affirmed.
678-CITE: 543 So.2d 1301 METROPOLITAN DADE COUNTY, Appellant, v. James Russell NORTON, Appellee.
TEXT: JORGENSON, Judge. Dade County appeals from a judgment entered on a jury verdict finding the
... Hames acts. Because we hold that probable cause existed for Norton s arrest, we need not reach
this point or any of the remaining points on appeal.
679-CITE: 579 So.2d 926 Terrance KELLY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the trial court in all respects, except we remand for resentencing
pur...ts earlier ruling that Counts II-VIII have been vacated. AFFIRMED IN PART, REVERSED IN PART
AND REMANDED. LETTS, GUNTHER and GARRETT, JJ., concur.
680-CITE: 622 So.2d 180 Roy Clyde SIMS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Roy Clyde Sims appeals the denial of his motion to suppress evidence. Because
th....2d 585 (Fla. 2d DCA 1992). Therefore, the trial court erred in denying the motion to suppress
and we reverse. JOANOS, ALLEN and WOLF, JJ., concur.
681-CITE: 608 So.2d 890 Gene C. CLIFTON, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, Judge. Appellant challenges his departure sentence for several counts of Driving
Und...hat Mr. Clifton s actions do not support an upward departure. Therefore, I concur in the
reversal and remand for resentencing within the guidelines.
682-CITE: 557 So.2d 612 Rigoberto HURTADO and Susana HURTADO, his wife, Appellants, v. FLORIDA FARM
BUREAU CASUALTY COMPANY, Noel Armando Arauz, and Jose Arauz, Appellees.
TEXT: BASKIN, Judge. Rigoberto Hurtado and Susana Hurtado, his wife, appeal a final summary
judgme...l vehicle fleet uninsured motorist coverage on his vehicle may be multiplied by as many
vehicles [sic] covered by the policy. Senate Statement at 2.
683-CITE: 591 So.2d 1136 James W. JUDD, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. We reverse appellant s conviction and sentence for felony DUI. See State v.
Ro...refore, appellant s conviction on count I is reversed and remanded for further proceedings.
GUNTHER, J. and WALDEN, JAMES H., Senior Judge, concur.
684-CITE: 453 So.2d 850 STATE of Florida, Appellant, v. Adelheid DEMARZO, Appellee.
TEXT: ANSTEAD, Chief Judge. This is an appeal from an order dismissing driver s license
suspension...unconstitutional. Accordingly, this cause is reversed and remanded for further
proceedings consistent herewith. GLICKSTEIN and WALDEN, JJ., concur.
685-CITE: 748 So.2d 288 Frederick VAN HUBBARD, Appellant, v. STATE of Florida, Appellee.
TEXT: KAHN, Judge. Appellant Frederick Van Hubbard appeals from his judgment and sentence for DUI
...nse status at the time of the incident. REVERSED and REMANDED for a new trial; direct conflict
certified. BARFIELD, C.J., and WEBSTER, J., concur.
686-CITE: 733 So.2d 1135 Lynn HEMINGWAY, Appellant, v. Edward K. BRESNEY and Marc A. Lewinstein,
Appellees.
TEXT: HAZOURI, J. Appellant, Lynn Hemingway (Hemingway), appeals the dismissal of her claim
agains...Affirmed in part; reversed in part and remanded with instructions to grant the appellant
leave to amend the complaint. DELL and POLEN, JJ., concur.
687-CITE: 434 So.2d 29 GOVERNMENT EMPLOYEES INSURANCE CO., Appellant, v. Diane F. REBEL, Appellee.
TEXT: PER CURIAM. Plaintiff was injured while a passenger in a vehicle which collided with an
unin...amily car. At the time of the accident, the plaintiff was in a friend s car. Reversed and
remanded for entry of judgment in favor of the defendant.
688-CITE: 548 So.2d 1154 Michael RICCI and Elizabeth Ricci, Appellants, v. Ivan Glenn THOMPSON, Alice
Back, Rudolph W. Back and Allstate Insurance Company, Appellees.
TEXT: THREADGILL, Judge. Michael and Elizabeth Ricci, plaintiffs in an automobile negligence
actio...nst Thompson. In all other respects the final judgment is affirmed. Reversed in part;
affirmed in part. SCHEB, A.C.J., and ALTENBERND, J., concur.
689-CITE: 480 So.2d 202 Ricky Jarade PAYNE, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING JOANOS, Judge. Appellant s motion for rehearing is granted in part
...v. State, 384 So.2d 272 (Fla. 4th DCA 1980); State v. Stevens, 354 So.2d 1244 (Fla. 4th DCA
1978); Lower v. State, 348 So.2d 410 (Fla. 2d DCA 1977).
690-CITE: 726 So.2d 793 STATE of Florida, Appellant, v. Vincent SCIBANA, Jeffrey Alan Sondik and
Francisco Garcia, Appellees.
TEXT: KLEIN, J. A county judge, in a substantial number of DUI cases, back-dated the convictions
i...800 is not available to correct the driver s license revocation aspect of the proceedings
involving the appellees. GUNTHER and FARMER, JJ., concur.
691-CITE: 754 So.2d 121 Allen Joseph TROMBLEY, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, J. Trombley appeals from his judgments and sentences for driving under the
influen...ons by the trial court or the state attorney which warrant reversal of his convictions and
sentences. AFFIRMED. PETERSON and GRIFFIN, JJ., concur.
692-CITE: 668 So.2d 1058 Michael Thomas GAMMAGE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Michael Gammage challenges his judgment and sentence for resisting an officer
wi..., Gammage agreed that the fee was reasonable. Affirmed in part, reversed in part. PATTERSON,
Acting C.J., and ALTENBERND and WHATLEY, JJ., concur.
693-CITE: 744 So.2d 514 Tony BOLDEN a k a Tony Robinson, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396,
18...er degree of the offense. This case is affirmed in all other respects. FULMER, A.C.J., and
WHATLEY, J., and SCHEB, JOHN M., (Senior) Judge, Concur.
694-CITE: 556 So.2d 428 STATE of Florida, Petitioner, v. John Calhoun BOYNTON, Respondent.
TEXT: PER CURIAM. The state timely seeks a writ of certiorari to review the Palm Beach circuit
cou...rticular DUI, I am by no means sure that there has been a violation of a clearly established
principle of law resulting in a miscarriage of justice.
695-CITE: 684 So.2d 879 Paul COLLINGS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Affirmed. As to the failure to instruct the jury on the fourth element of drug
t... II and remand for resentencing within the guidelines. Affirmed in part; reversed in part; and
remanded. STONE, WARNER and STEVENSON, JJ., concur.
696-CITE: 539 So.2d 547 Bobby E. JONES, Appellant, v. STANDARD GUARANTY INSURANCE COMPANY, Appellee.
TEXT: ALTENBERND, Judge. The lower court granted summary judgment against Bobby Jones on his
claim...lly increasing the insured s risk of injury. Reversed and remanded for proceedings
consistent herewith. LEHAN, A.C.J., and THREADGILL, J., concur.
697-CITE: 677 So.2d 974 Reco Antonio VICKERS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Reco Antonio Vickers, challenges the trial court s judgments and
...above-mentioned sentencing errors and affirm in all other respects. Affirmed as modified.
SCHOONOVER, A.C.J., and QUINCE and WHATLEY, JJ., concur.
698-CITE: 690 So.2d 1332 Dale Lashawn ALLEN, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Judge. The appellant, Dale Lashawn Allen, challenges the judgments and
sentences...ncur. ------------ (FN2) For a good discussion of the felony murder rule in general, see
King v. Commonwealth, 6 Va.App. 351, 368 S.E.2d 704 (1988).
699-CITE: 688 So.2d 996 Robert N. DAVIS, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. Robert N. Davis appeals conditions of probation imposed after he pleaded
gu...per procedure. W. SHARP and GRIFFIN, JJ., concur. ------------ (FN1) Section 316.193(3),
Fla.Stat. (1993). (FN2) Section 322.271, Fla.Stat. (1993).
700-CITE: 751 So.2d 1268 Erva MARTINEZ, Appellant, v. Dariel VEGA and Bush Leasing, Inc., a foreign
corporation, Appellees.
TEXT: NESBITT, Senior Judge. Plaintiff below, Erva Martinez, appeals the final judgment entered
af... was asking for a medical opinion, was properly overruled. Accordingly, the order under review
is reversed and the cause is remanded for new trial.
701-CITE: 693 So.2d 674 Alphonse J. MOSCA, Appellant, v. GLOBE INDEMNITY, Appellee.
TEXT: STEVENSON, Judge. Appellant, Alphonse Mosca, appeals a summary final judgment denying him
un...utably includes the automobile at issue. *676 final judgment denying UM coverage and remand for
further proceedings. FARMER and GROSS, JJ., concur.
702-CITE: 680 So.2d 1093 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant,
v. Martin DEGROSSI, Appellee.
TEXT: GERSTEN, Judge. We review a county court order certifying the following question to be of
gr...dy to protect the citizens of Florida from dangerous drivers. Certified question answered in
the affirmative; reversed and remanded to vacate stay.
703-CITE: 550 So.2d 55 Robert PHILLIPS, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. In this case the defendant objected to the initial sentence announced by the
tr...969); Pilgrim v. State, 516 So.2d 75 (Fla. 5th DCA 1987); Lyttle v. State, 352 So.2d 942 (Fla.
2d DCA 1977), cert. denied, 357 So.2d 186 (Fla.1978).
704-CITE: 706 So.2d 115 Dave SURDOVEL, Petitioner, v. Ken JENNE, Sheriff of Broward County, Florida, and
State of Florida, Respondents.
TEXT: PER CURIAM. This is a petition for a writ of habeas corpus seeking release from pretrial
det...la. 4th DCA 1995); Section 907.041(4), Fla.Stat. (1997). We remand for compliance with our
opinion in Merdian. DELL, POLEN and FARMER, JJ., concur.
705-CITE: 521 So.2d 371 Suzanne BROWNSTEIN, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant appeals from the denial of her motion to suppress capsules of a
cont...ulted from the improper stop. See Ward. *372 Reversed and remanded for proceedings
consistent herewith. SCHEB, A.C.J., and SCHOONOVER, J., concur.
706-CITE: 638 So.2d 613 Aaron L. BOSTIC, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The appellant, Aaron Lee Bostic, was found guilty by a jury of fleeing a
police...sting officer s arm while Bostic was forcibly resisting arrest. Thus, a jury issue was
presented. AFFIRMED. HARRIS, C.J., and DAUKSCH, J., concur.
707-CITE: 513 So.2d 1372 STATE of Florida, Appellant, v. Edwin LASLEY and Robert Buchanan, Appellees.
TEXT: FRANK, Judge. Pursuant to Rule 9.160 of the Florida Rules of Appellate Procedure, the
county...y s and Buchanan s driving records to the status which existed prior to November 3, 1986.
DANAHY, C.J., and BOARDMAN, EDWARD F. (Ret.), J., concur.
708-CITE: 518 So.2d 1376 Jennings Harold LEFFEW, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant appeals a sentence departing from the sentencing guidelines. We
reve...tate, 476 So.2d 158 (Fla.1985). Affirmed in part, reversed in part, and remanded for
resentencing. SCHOONOVER, A.C.J., and THREADGILL, J., concur.
709-CITE: 616 So.2d 1214 Thomas W. HUSTON, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. We withdraw our opinion of February 26, 1993 sua sponte and substitute the
...the 1989 amendment. Formerly, it provided that the defendant must be previously convicted of two
or more felonies in this state. (emphasis supplied)
710-CITE: 702 So.2d 607 Jeffrey D. JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Jeffrey D. Jackson was convicted of multiple charges involving death and
inju...o convicted of DUI manslaughter and DUI with serious bodily injury. AFFIRMED in part;
REVERSED in part and REMANDED. DAUKSCH and W. SHARP, concur.
711-CITE: 469 So.2d 859 Roger Carl HICKMAN, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. By petition for writ of certiorari, defendant seeks review of the circuit court
..., 451 So.2d 879, 880 (Fla. 2d DCA 1984). Accordingly, the petition for writ of certiorari is
denied. RYDER, C.J., and LEHAN and HALL, JJ., concur.
712-CITE: 489 So.2d 1163 Randy Scott DEGROAT, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Judge. Degroat appeals his sentence of five years for the theft of an automobile,
(FN...479 So.2d 265 (Fla. 5th DCA 1985); Sanchious v. State, 478 So.2d 1191 (Fla. 5th DCA 1985);
Vandeneynden v. State, 478 So.2d 429 (Fla. 5th DCA 1985).
713-CITE: 460 So.2d 422 STATE of Florida, Appellant, v. Lorraine L. HEPBURN, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order suppressing statements made to a policeman
w...pect to Count I. This cause is remanded for trial. AFFIRMED IN PART, REVERSED IN PART,
REMANDED. ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur.
714-CITE: 673 So.2d 906 The STATE of Florida, Appellant, v. Johnny WADE, Appellee.
TEXT: LEVY, Judge. The State appeals a trial court order granting the defendant s motion to
suppre... court s order granting the defendant s motion to suppress and remand this case for further
proceedings consistent herewith. Reversed and remanded.
715-CITE: 674 So.2d 729 FLORIDA BOARD OF BAR EXAMINERS re N.W.R.
TEXT: PER CURIAM. N.W.R. asks this Court to review the recommendations of the Florida Board of
Bar... Board s adverse recommendation. It is so ordered. GRIMES, C.J., and OVERTON, KOGAN,
HARDING, WELLS and ANSTEAD, JJ., concur. SHAW, J., dissents.
716-CITE: 599 So.2d 691 The STATE of Florida, Petitioner, v. Wilfredo LEYVA, Respondent.
TEXT: COPE, Judge. The State petitions for a writ of certiorari to review a final order of the
cir...t. 509, 96 L.Ed. 541 (1952); State v. Ramos, 598 So.2d 267, (Fla. 3d DCA 1992); see also W.
LaFave, Searches & Seizures Section 1.9(b) (2d ed.1987).
717-CITE: 650 So.2d 205 Kathy Lynn McCANN, f k a Kathy Lynn Daniels, n k a Kathy Lynn Nobel, Appellant,
v. Gary Steven DANIELS, Appellee.
TEXT: WARNER, Judge. In this appeal from a final judgment denying the mother s petition for
modifi...ning issues, including the trial court s imputation of income to the mother for child
support purposes. Affirmed. HERSEY and GUNTHER, JJ., concur.
718-CITE: 585 So.2d 489 Dennis Eugene COOPER, Appellant, v. STATE of Florida, Appellee.
TEXT: DIAMANTIS, Judge. Appellant Dennis Cooper appeals his conviction on two counts of
possession...nd then decide accordingly. Would it that appellant had attacked the statute for
vagueness, or challenged the sufficiency of the evidence at trial.
719-CITE: 614 So.2d 1194 Lisa Marie DEANGELUS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant challenges the trial court s order imposing restitution in the amount
...n within the appellant s ability to pay. Affirmed in part, reversed in part, and remanded.
CAMPBELL, A.C.J., and SCHOONOVER and HALL, JJ., Concur.
720-CITE: 607 So.2d 464 The STATE of Florida, Appellant, v. Elain OROZCO and Claudia Monegro, Appellees.
TEXT: JORGENSON, Judge. The State appeals from an order granting defendants motions to suppress.
F...ns broken, that she would be going to Dobey s Motel, and that she would be in possession of
about an ounce of cocaine inside a brown attache case.
721-CITE: 465 So.2d 1386 Toribio PENA, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Chief Judge. Toribio Pena appeals his conviction and sentence for trafficking in
coca...ence are hereby vacated and set aside and appellant s discharge is ordered on the charge
giving rise to this appeal. OTT and CAMPBELL, JJ., concur.
722-CITE: 550 So.2d 72 Carlos Clyde GILL, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Carlos Clyde Gill appeals his judgment and sentences for the offenses of
aggr...udice for Gill to seek postconviction relief in the trial court to withdraw his plea.
REVERSED and REMANDED. RYDER, A.C.J., and LEHAN, J., concur.
723-CITE: 543 So.2d 776 FEDERAL INSURANCE COMPANY, Appellant, v. Claude Windall NORRIS, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order by which appellee was awarded
uninsured...e contract to present this issue, and it was properly considered by the jury. The order
appealed is affirmed. THOMPSON and WIGGINTON, JJ., concur.
724-CITE: 510 So.2d 349 Olin SHAW, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Olin Shaw, was convicted of retail theft and sentenced to serve
...conviction and sentence, and strike the costs without prejudice to the court to tax costs under
Jenkins. SCHEB, A.C.J., and SCHOONOVER, J., concur.
725-CITE: 724 So.2d 183 William ACREE, as personal representative, etc., Appellant, v. HARTFORD SOUTH
INCORPORATED, etc., Appellee.
TEXT: W. SHARP, J. Acree, as personal representative of the estate of April D. Entenman, appeals
f...monly understood by the jurors. Thus the expert s testimony was properly admitted in evidence.
Hill. AFFIRMED. PETERSON and THOMPSON, JJ., concur.
726-CITE: 636 So.2d 581 Robert M. WATSON, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant challenges the court s denial of his motion to suppress, arguing
...the case, we conclude that the officer did not have founded suspicion to stop and, accordingly,
reverse. RYDER, A.C.J., and THREADGILL, J., concur.
727-CITE: 671 So.2d 184 Douglas D. PORTER, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Douglas Porter appeals from his judgment and sentence for first-degree
mur... remand, direct the trial court to try counts I and II separately from count III. Reversed
and remanded. CAMPBELL, A.C.J., and QUINCE, J., concur.
728-CITE: 466 So.2d 427 Sheryl CRENSHAW, Appellant, v. SARASOTA COUNTY PUBLIC HOSPITAL BOARD a k a
Sarasota Memorial Hospital and Willie Williams, Appellees.
TEXT: CAMPBELL, Judge. Appellant, Sheryl Crenshaw, seeks review of the final order dismissing her
...d 188 (Fla.1950). For the reasons stated above, we affirm the dismissal of appellant s amended
complaint. RYDER, C.J., and SCHOONOVER, J., concur.
729-CITE: 618 So.2d 763 Jeffrey BOWMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. HERSEY and WARNER, JJ., concur. ANSTEAD, J., dissents with opinion.
...he victim. Cf. Frazier v. State, 559 So.2d 1121 (Fla.), cert. denied sub nom. Frazier v. Dugger,
498 U.S. 834, 111 S.Ct. 102, 112 L.Ed.2d 73 (1990).
730-CITE: 675 So.2d 980 Angel SEGARRA, et al., Appellants, v. Betty MELLERSON, et al., Appellees.
TEXT: JORGENSON, Judge. In these consolidated appeals, defendants Angel and Liza Segarra appeal
fr...ht of the standard announced in Dvorak. In all other respects, we affirm the judgments under
review. Affirmed in part; reversed in part; remanded.
731-CITE: 528 So.2d 1373 Anibal RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: NESBITT, Judge. This is an appeal from a conviction of attempted, premeditated murder. The
d... 101 S.Ct. 407, 66 L.Ed.2d 250 (1980). The remaining point claiming an improper instruction
relative to flight is equally without merit. Affirmed.
732-CITE: 662 So.2d 1391 STATE of Florida, Appellant, v. Robert HENN, Appellee.
TEXT: PER CURIAM. The county court certified two questions to be of great public importance.
Pursu...is therefore reversed and remanded for proceedings consistent with this opinion. DELL and
STONE, JJ., and KAHN, MARTIN D., Associate Judge, concur.
733-CITE: 665 So.2d 1114 David J. PARRISH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is a timely appeal by a prisoner from a summary denial of his motion for
po...urt s denial of the present post-conviction motion is reversed, and the case is remanded for
resentencing. DELL, FARMER and STEVENSON, JJ., concur.
734-CITE: 481 So.2d 40 The STATE of Florida, Appellant, v. Joel Adolph SCOTT, Appellee.
TEXT: SCHWARTZ, Chief Judge. Having concluded that Scott was unlawfully arrested in the absence
of...stitutionality of the initial stop or arrest); LaFave, Search and Seizure Section 11.3 (1978),
and cases collected at 282-91 (Supp.1985). Affirmed.
735-CITE: 642 So.2d 91 William Earl UNION, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from convictions of four counts of vehicular homicide.
Appella...scretion in the trial court s qualification of expert witnesses. The judgments and
sentences are AFFIRMED. JOANOS, LAWRENCE and DAVIS, JJ., concur.
736-CITE: 538 So.2d 552 Michael NORDGREN, Appellent, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. After having been convicted of manslaughter (driving automobile while
...itution payment and fulfill his own financial needs. See DeConingh v. State, 433 So.2d 501, 504
(Fla.1983). DELL, GUNTHER and GARRETT, JJ., concur.
737-CITE: 546 So.2d 109 STATE of Florida, Appellant, v. Carl W. TROEHLER, Appellee.
TEXT: ROBINSON, STEVEN D., Associate Judge. The state appeals a determination by the trial judge
t... the presence and waiver of counsel must be produced by the state to meet its burden of
persuasion. AFFIRMED. GLICKSTEIN and GUNTHER, JJ., concur.
738-CITE: 575 So.2d 786 Armando TRUJILLO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Armando Trujillo has appealed the sentence imposed after his conviction of
drivi...eanor, Sections 316.193(2)(a)2.a. and 775.08(2). Reversed and remanded with directions.
JOANOS and ZEHMER, JJ., and CAWTHON, Senior Judge, concur.
739-CITE: 536 So.2d 375 STATE of Florida, Appellant, v. Richard Joseph BURNETT, Appellee.
TEXT: PARKER, Judge. The county court has certified to this court the following two questions of
g...ates a substantial risk of death; serious, personal disfigurement; or protracted loss or
impairment of the function of any bodily member or organ.
740-CITE: 651 So.2d 765 Paul WICK, Appellant, v. The STATE of Florida, Appellee.
TEXT: COPE, Judge. Paul Wick appeals his sentence entered after a plea of no contest. We affirm.
...een shown with respect to the remaining points on appeal. Affirmed. ------------ (FN3) The
defense did not call the toxicology expert as a witness.
741-CITE: 737 So.2d 1233 Leon A. GROVES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant appeals a departure sentence for the felony offense of driving
und... a departure sentence, we reverse with instructions to impose a sentence within the
guidelines. Reversed. DAVIS, BENTON and PADOVANO, JJ., CONCUR.
742-CITE: 721 So.2d 731 Sarah MOODY, Appellant Petitioner, v. Michael R. MOODY, Appellee Respondent.
TEXT: PER CURIAM. We have before us two cases stemming from the same dissolution action below.
One..., we direct the Chief Judge to cause such case to be assigned to one other than the original
presiding judge. MINER, KAHN and WEBSTER, JJ., concur.
743-CITE: 744 So.2d 568 Chastity Anne CRUZ, Appellant, v. STATE of Florida, Appellee.
TEXT: DAVIS, Judge. Chastity Cruz ( Cruz ) appeals her conviction and sentence for sale of
cocaine...ant the motion for judgment of acquittal as to Count II. We affirm as to Count I and
reverse as to Count II. BLUE, A.C.J., and FULMER, J., Concur.
744-CITE: 524 So.2d 1032 STATE of Florida, DEPARTMENT OF CORRECTIONS, Appellant, v. Michael ROMERO,
Appellee.
TEXT: COBB, Judge. Appellee, Michael Romero, while an inmate at the Brevard Correctional
Instituti...tributing cause of his injury, so that a jury question was presented, the result of
which we should not disturb. I would grant rehearing and affirm.
745-CITE: 614 So.2d 562 Earnest BELL, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Earnest Bell appeals his conviction for leaving the scene of an accident
involvi...fel v. State, 429 So.2d 85, 86-87 (Fla. 5th DCA 1983); Faver v. State, 393 So.2d 49, 50
(Fla. 4th DCA 1981). Reversed and remanded for a new trial.
746-CITE: 662 So.2d 404 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. David G.
GUTHRIE, Jr., Respondent.
TEXT: BOOTH, Judge. The Department of Highway Safety and Motor Vehicles (Department) petitions
thi...quash the circuit court s order, and remand for further proceedings with directions to apply
the holding in Taylor. JOANOS and BENTON, JJ., concur.
747-CITE: 602 So.2d 1326 STATE of Florida, Petitioner, v. John ALLRED, Respondent.
TEXT: POLEN, Judge. Petition for certiorari is granted on the authority of State v. Diandrea, 602
...DRIVING UNDER THE INFLUENCE TO RECITE THE ALPHABET FROM C TO W A TESTIMONIAL RESPONSE WITHIN
THE PRIVILEGE AND PROTECTIONS OF THE FIFTH AMENDMENT?
748-CITE: 753 So.2d 749 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Manuel CHAMIZO, Respondent.
TEXT: On Motion for Rehearing and Clarification COPE, J. On consideration of the
defendant-respon...vents. Here the only witness who testified was Officer Smith. (FN4) In light of
the foregoing, the motion for rehearing and clarification is denied.
749-CITE: 582 So.2d 101 John BROWNING, individually; Deborah Browning, individually; and John Browning
and Deborah Browning, as parents and next friends of Shannon Browning, a minor, Appellants, v.
Richard B. LEWIS, M.D., and Richard B. Lewis, M.D., P.A., Appellees.
TEXT: LEHAN, Judge. In this medical malpractice suit for damages from injuries allegedly caused
to...nda, 506 So.2d 1061, 1067 (Fla. 2d DCA 1987). Reversed and remanded for proceedings consistent
herewith. CAMPBELL, A.C.J., and PARKER, J., concur.
750-CITE: 487 So.2d 84 UNITED SERVICES AUTOMOBILE ASSOC., Appellant, v. DIXIE INSURANCE COMPANY,
Appellee.
TEXT: ORFINGER, Judge. We reverse the summary judgment in favor of appellee on the authority of
Ne...nsured James Brandon. The judgment is reversed with directions to enter judgment for United
Services. REVERSED. COBB, C.J., and SHARP, J., concur.
751-CITE: 745 So.2d 1118 Robert Stanley RUFFINS, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, J. Ruffins, after being advised that his maximum sentence would be five years, pled
... matters. REVERSED and REMANDED with instruction to hold a hearing on Ruffins motion to
withdraw, his plea. ANTOON, C.J., and GRIFFIN, J., concur.
752-CITE: 559 So.2d 214 ENTERPRISE LEASING COMPANY, Petitioner, v. Shedrick ALMON, Respondent.
TEXT: EHRLICH, Chief Justice. We have for review Almon v. Enterprise Leasing Company, 537 So.2d
10...on below and disapprove the First District s decision in Toner. It is so ordered. OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
753-CITE: 579 So.2d 864 Charles S. STUART, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. The defendant, Charles S. Stuart, appeals his conviction and
sent...nding his driver s license. We remand to the trial court for further proceedings in
compliance with section 322.26(3). LEHAN and HALL, JJ., concur.
754-CITE: 440 So.2d 691 James HURD and Earnest Hurd, Appellants, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. Brothers James and Earnest Hurd appeal their convictions and sentences for
g... new trial for appellant Earnest Hurd and with directions to discharge appellant James Hurd.
REVERSED and REMANDED. MILLS and ZEHMER, JJ., concur.
755-CITE: 452 So.2d 1137 STATE of Florida, Appellant, v. Wesley Keith CARTER, Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. The state appeals from an order dismissing a count in an
info...ortion of the order below dismissing count I of the information (charging DWI Manslaughter)
is reversed. REVERSED. DAUKSCH and SHARP, JJ., concur.
756-CITE: 449 So.2d 970 Michelle STEWART, Appellant, v. Melvin G. COLMAN, etc., Appellee.
TEXT: WATSON, R.O., Associate Judge. Appellant, Plaintiff, Michelle Stewart, appeals a summary
jud... the deputy sheriff in charge did not breach any duty owed to Plaintiff. The summary judgment
is affirmed. ORFINGER, C.J., and COWART, J., concur.
757-CITE: 659 So.2d 1365 PINELLAS COUNTY, By and Through the BOARD OF COUNTY COMMISSIONERS, Appellant
Cross-Appellee, v. Thomas Anthony BETTIS, Sr., Personal Representative of the Estate of Thomas
Anthony Bettis, Jr.; Thomas Anthony Bettis, Sr. and Marlene P. Bettis, Appellees Cross-Appellants.
TEXT: QUINCE, Judge. Pinellas County (the County) appeals various trial and posttrial rulings in
a...future judgments for damages and or attorney s fees should be awarded consistent with this
opinion. SCHOONOVER, A.C.J., and ALTENBERND, J., concur.
758-CITE: 690 So.2d 686 David L. TAYLOR, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. David L. Taylor pled nolo to the offense of driving under the influence
resul...ory maximum. We acknowledge conflict with Jackson v. State, 654 So.2d 234 (Fla. 4th DCA
1995). AFFIRMED. PETERSON, C.J., and GOSHORN, J., concur.
759-CITE: 491 So.2d 1260 STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, Appellant, v. HUGHES PHARMACY, INC.,
Joseph M. Hughes, Penny Hughes, and United Services Automobile Association, Appellees.
TEXT: GLICKSTEIN, Judge. The trial court concluded that the action of the insurance agent
estopped...are so sparse as to be of no help to him or the court in explaining his understanding of
what the client requested. GUNTHER and STONE, JJ., concur.
760-CITE: 592 So.2d 295 Thomas Deron LOGAN, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Judge. Thomas Deron Logan ( appellant ) appeals his convictions on four counts of
D...is possible the error was waived by appellant s request for an abbreviated instruction, the
record suggests he requested only standard instructions.
761-CITE: 462 So.2d 1126 Mark TETLEY, Appellant, v. Richard A. LETT, et ux., Armour Industrial Security,
Inc., et al., Appellees.
TEXT: GLICKSTEIN, Judge. This is an appeal from two orders of the trial court, denying a
defendant...tion of this appeal, but should make for an interesting trial--certainly if any
ex-Marines serve on the jury! ANSTEAD, C.J., and LETTS, J., concur.
762-CITE: 596 So.2d 113 Xavier Smith JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant appeals from his judgment of conviction and sentence for
possessio...f the motion to suppress is dispositive of the cause, we direct that the trial court
discharge the appellant. SMITH, ZEHMER and ALLEN, JJ., concur.
763-CITE: 510 So.2d 649 NORTHERN INSURANCE COMPANY OF NEW YORK, Appellant, v. Ishamel Paul HAMPTON,
Appellee.
TEXT: COWART, Judge. This case involves the question of whether a certain death is within an
unins...motion, summary final judgment be entered in favor of the insurer. REVERSED and REMANDED.
DAUKSCH, J., and BEVERLY, V.Q., Associate Judge, concur.
764-CITE: 619 So.2d 389 STATE of Florida, Appellant, v. Lazaro BARRIO, Raul Sanchez, and Antonio
Rodriguez, Appellees.
TEXT: PER CURIAM. This cause is before us from an order granting a motion to suppress physical
evi...press is reversed and the cause remanded for proceedings consistent herewith. BOOTH and
MINER, JJ., and SHIVERS, DOUGLASS B., Senior Judge, concur.
765-CITE: 561 So.2d 338 K.L.T., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. K.L.T., a minor, was adjudicated delinquent for commission of manslaughter,
the...s standing there talking. When appellant took possession of the gun she was several feet away
from the victim--certainly well out of stabbing range.
766-CITE: 615 So.2d 792 Bobby CASTO, Appellant, v. State of FLORIDA, Appellee.
TEXT: PETERSON, Judge. Bobby Casto entered a plea of nolo contendere to a charge of driving under
...dule for repayment which may be adopted by the trial court. *793 AFFIRMED in part; VACATED in
part; REMANDED. GOSHORN, C.J., and COBB, J., concur.
767-CITE: 584 So.2d 235 Daniel L. GIRARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s conviction for driving under the influence which caused
th... v. Betancourt, 552 So.2d 1107 (Fla.1989). Judgment AFFIRMED; sentence REVERSED; and cause
REMANDED. PETERSON, GRIFFIN and DIAMANTIS, JJ., concur.
768-CITE: 536 So.2d 283 Richard ALBERTY, Appellant Cross-appellee, v. The STATE of Florida, Appellee
Cross-appellant.
TEXT: PER CURIAM. The trial court s rulings granting Defendant Alberty s motion to suppress
eviden... Affirmed in part; reversed in part; remanded with directions to discharge the defendant.
HUBBART and BASKIN, JJ., concur. BARKDULL, J., dissents.
769-CITE: 553 So.2d 793 June Elaine SATTERFIELD, Appellant, v. STATE of Florida, Appellee.
TEXT: ON REHEARING THOMPSON, Judge. The State s motion for rehearing is granted. The opinion
here...requested instruction on justifiable homicide. REVERSED and REMANDED for new trial. SMITH,
J., and WILLIS, BEN C. (Ret.), Associate Judge, concur.
770-CITE: 681 So.2d 308 Alexander TORTI, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Torti appeals from his convictions for grand theft (FN1) and driving under
...d ANTOON, JJ., concur. ------------ (FN1) Section 812.014(1) and (2)(c), Fla.Stat. (1995). (FN2)
Section 316.193(1)(a) and (2)(a), Fla.Stat. (1995).
771-CITE: 647 So.2d 220 Alan DANIEL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant pled no contest to possession of cocaine after reserving the right to
... directions that appellant s conviction be reversed and appellant be discharged. WEBSTER, J.,
and SMITH, Senior Judge, concur. BOOTH, J., dissents
772-CITE: 619 So.2d 988 Woodrow CONAHAN, Petitioner, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,
BUREAU of DRIVER IMPROVEMENT, State of Florida, Respondent.
TEXT: DIAMANTIS, Judge. Petitioner Woodrow Conahan was arrested for driving under the influence
of...a are not being afforded a prompt, fair, meaningful hearing by this statutory procedure, the
procedure should be invalidated on due process grounds.
773-CITE: 666 So.2d 211 Antonio Ray WILSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the appellant s jury convictions for sale of cocaine and driving with
...D, A.C.J., and BLUE and LAZZARA, JJ., concur. ------------ (FN1) We reject appellant s arguments
regarding the imposition of other costs and a fine.
774-CITE: 561 So.2d 617 Kenneth CARR, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Carr appeals from his convictions and sentences imposed for manslaughter
by...d, 430 U.S. 980, 97 S.Ct. 1675, 52 L.Ed.2d 375 (1977); Smith v. State, 65 So.2d 303 (Fla.1953);
Jackson v. State, 100 So.2d 839 (Fla. 1st DCA 1958).
775-CITE: 717 So.2d 200 Bobby Lee SAVIORY, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Saviory argues on appeal that the trial court erred in not suppressing
phys... the traffic stop was lawful. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769,135
L.Ed.2d 89 (1996). AFFIRMED. COBB and GOSHORN, JJ., concur.
776-CITE: 632 So.2d 689 David Wayne LITTLE, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, David Wayne Little, challenges his convictions and sentences
for...tences only to the extent that on remand the amount of $500 should be stricken from the award
of restitution. DANAHY, A.C.J., and HALL, J., concur.
777-CITE: 679 So.2d 37 Thomas W. FREY, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. The state charged the appellant with aggravated battery on a
law..., Fla.Stat (Supp.1994); Gilchrist v. State, 674 So.2d 847 (Fla. 2d DCA 1996). Affirmed;
question certified. PATTERSON and ALTENBERND, JJ., concur.
778-CITE: 693 So.2d 102 STATE of Florida, Appellant, v. Kermit G. ST. PIERRE, Appellee.
TEXT: ANTOON, Judge. This is an appeal of the trial court s order suppressing blood alcohol test
r...obertson v. State, 569 So.2d 861, 863 (Fla. 5th DCA 1990), app d, 604 So.2d 783 (Fla.1992).
REVERSED and REMANDED. COBB and THOMPSON, JJ., concur.
779-CITE: 675 So.2d 1025 George COLBY, Philip Cantone, Luis Formica, Gregory Harrison, Paul Kransky,
Ramon Rodriguez, Joseph Serer, Owen Smith and William Urbancic, Petitioners, v. STATE of Florida and
Honorable Stephen M. Cohen, County Court Judge, Respondents.
TEXT: PARIENTE, Judge. In this certiorari proceeding, petitioners seek review of the circuit
court...ction 322.2615, Florida Statutes (1995). See State v. Henn, 662 So.2d 1391 (Fla. 4th DCA
1995). CERTIORARI DENIED. STONE and SHAHOOD, JJ., concur.
780-CITE: 490 So.2d 1252 John Martin HIGDON, Petitioner, v. STATE of Florida, Respondent.
TEXT: EHRLICH, Justice. This case is before us to answer a question certified by the district
cour... he had also been charged with vehicular homicide pursuant to section 782.071, Florida
Statutes (1981), the represent problem would not have arisen.
781-CITE: 597 So.2d 431 James Luchion CHAPMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Judge. In this appeal from a conviction and sentence for attempted second degree
mur...rm the conviction but reverse the sentence and remand for resentencing in accordance with this
opinion. SCHOONOVER, C.J., and CAMPBELL, J., concur.
782-CITE: 593 So.2d 273 Faye A. FERGUSON, etc., Appellant., v. Neil PERRY, Sheriff of St. Johns County,
Appellee.
TEXT: GRIFFIN, Judge. Faye A. Ferguson, as personal representative of the estate of Herbert Lee
Br...el activity for which the sheriff is not immune from suit. Hutchinson, 548 So.2d at 886.
REVERSED and REMANDED. DAUKSCH and W. SHARP, JJ., concur.
783-CITE: 586 So.2d 1038 Mark A. DAVIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Mark A. Davis was convicted of first-degree murder, robbery, and grand theft.
Th... conviction for first-degree murder and the sentence of death. It is so ordered. SHAW, C.J.,
and OVERTON, McDONALD, GRIMES and KOGAN, JJ., concur.
784-CITE: 555 So.2d 407 S.B., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: LEVY, Judge. Appellant, a juvenile, was found driving a stolen car less than twenty-four
hou...e J.J. v. State, 463 So.2d 1168 (Fla. 3d DCA 1984). Accordingly, we find that the trial court
s findings and rulings should be affirmed. Affirmed.
785-CITE: 497 So.2d 638 Frank ARMENIA, Petitioner, v. STATE of Florida, Respondent.
TEXT: BARKETT, Justice. We have for review Armenia v. State, 479 So.2d 260 (Fla. 5th DCA 1985).
Th...rrational, arbitrary, oppressive, excessive, and therefore unconstitutional. I would recede
from Baker and hold that the statute requires causation.
786-CITE: 512 So.2d 957 Thomas HEDDLESON, Appellant, v. STATE of Florida, Appellee.
TEXT: WALDEN, Judge. Appellant, Thomas Heddleson, appeals his conviction and sentence for
kidnappi...60 Accordingly, we reverse and remand for a new trial in accordance with this opinion.
REVERSED AND REMANDED. HERSEY, C.J., and DELL, J., concur.
787-CITE: 714 So.2d 644 D.G., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Chief Judge. We reverse Appellant s adjudication of delinquency for possession of
can...e of a crime, the motion to suppress must be granted. We remand for further proceedings
consistent with this opinion. KLEIN and GROSS, JJ., concur.
788-CITE: 622 So.2d 182 John JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Jackson appeals his conviction of second degree murder, arguing he was entitled
...v. State, 529 So.2d 797 (Fla. 3d DCA 1988). For the foregoing reasons, we reverse and remand for
a new trial. JOANOS, ALLEN and WOLF, JJ., concur.
789-CITE: 645 So.2d 153 Thalia Janet PAPALAS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Thalia Janet Papalas, pled nolo contendere to possession of cocaine,
...e state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon
any public conveyance and cause a public disturbance.
790-CITE: 578 So.2d 870 Derrick Leevon PEDRO, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Derrick Leevon Pedro was charged in a two-count information with
possessio...Pedro was not issued a traffic citation. See Whitfield v. State, 559 So.2d 84 (Fla. 3d
DCA 1990); Arnold v. State, 544 So.2d 294 (Fla. 2d DCA 1989).
791-CITE: 505 So.2d 560 VIC POTAMKIN CHEVROLET, INC., Appellant, v. Junie HORNE, Appellee.
TEXT: ON MOTION FOR REHEARING EN BANC JORGENSON, Judge. The defendant, Vic Potamkin Chevrolet,
In...orida Wire & Rigging Works, Inc., 177 So.2d 365 (Fla. 3d DCA 1965), we impute Irigaray s
knowledge of Newry s deficient driving ability to Potamkin.
792-CITE: 703 So.2d 1156 Timothy STANLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Timothy Stanley challenges the trial court s order summarily denying his motion
...te, 691 So.2d 648 (Fla. 2d DCA 1997). Affirmed in part, reversed in part, and remanded.
SCHOONOVER, A.C.J., and FRANK and THREADGILL, JJ., concur.
793-CITE: 720 So.2d 534 L.A.S., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, a juvenile, seeks review of an order of commitment following his
guil...R.J. v. State, 706 So.2d 72 (Fla. 1st DCA 1998). REVERSED AND REMANDED. *535 MICKLE and
DAVIS, JJ., and McDONALD, PARKER L., Senior Judge, concur.
794-CITE: 443 So.2d 251 Jon T. TAYLOR and Progressive American Insurance Company, Appellants, v. Archie
Marcus GANAS, Appellee.
TEXT: MILLS, Judge. Taylor and Progressive appeal the trial court s order granting Ganas a new
tri... 258 So.2d 458 (Fla. 1st DCA), cert. denied, 263 So.2d 235 (Fla.1972). I agree to the
reinstatement of the verdict on the issue of punitive damages.
795-CITE: 666 So.2d 226 Joy BROWN, individually and as next friend and parent of Andre Brown, a minor,
Appellant, v. COLONIAL PENN INSURANCE COMPANY, a corporation, Appellee.
TEXT: PER CURIAM. The plaintiff in a personal injury action appeals a final summary judgment for
t...o drive the car, summary judgment was improper. Reversed and remanded for further proceedings.
DANAHY, A.C.J., and PARKER and FULMER, JJ., concur.
796-CITE: 559 So.2d 732 Ronnie DOUGLAS, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. On June 24, 1988, the defendant pled guilty to burglary of a
moto...uspended the defendant s driver s license. We affirm the defendant s convictions and
sentences in all other respects. HALL and PARKER, JJ., concur.
797-CITE: 658 So.2d 1257 Anthony NEAL, Appellant, v. STATE of fLorida, Appellee.
TEXT: PER CURIAM. ON MOTION FOR REHEARING We deny the state s motion for rehearing. However, in
l...ving with a suspended license. See Neal v. State, 636 So.2d 197 (Fla. 4th DCA 1994). REVERSED
and REMANDED. DELL, KLEIN and PARIENTE, JJ., concur.
798-CITE: 434 So.2d 6 Michael Robert BANNISTER, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Appellant was stopped by a Road Guard Officer Haskell for bypassing an
agricu...juana. Based on his affidavit to that effect, a search warrant was issued for the further
search and seizure of the contents of appellant s vehicle.
799-CITE: 708 So.2d 918 Thomas W. FREY, Petitioner, v. STATE of Florida, Respondent.
TEXT: SHAW, Justice. We have for review Frey v. State, 679 So.2d 37 (Fla. 2d DCA 1996), wherein
th...v. 901, 904 n. 14 (1977) (quoting Robert L. Deddins, Note, Volitional Fault and the Intoxicated
Criminal Offender, 36 U.Cin.L.Rev. 258, 276 (1967)).
800-CITE: 655 So.2d 212 STATE of Florida, Petitioner, v. Allyson PITTS, Respondent.
TEXT: W. SHARP, Judge. The state has filed a petition for writ of certiorari, seeking review of a
...da Supreme Court). Petition for Writ of Certiorari GRANTED; Order QUASHED; REMANDED. GOSHORN,
J., concurs. DAUKSCH, J., dissents without opinion.
801-CITE: 621 So.2d 528 STATE of Florida, Appellant, v. Kip McROBERTS, Appellee.
TEXT: PER CURIAM. The state appeals an order entered by the trial court granting the motion of
the...d 40 (Fla.1992). We reverse and remand for further proceedings consistent herewith.
CAMPBELL, Acting C.J., and SCHOONOVER and PARKER, JJ., concur.
802-CITE: 642 So.2d 675 STATE of Florida, Appellant, v. Deborah BLANKENSHIP, Appellee.
TEXT: STEVENSON, Judge. In this case, the County Court of Palm Beach County certified the
followin...ower court case 92-039655-TC A02, which case number was inadvertently entered on the
lower court s final order. DELL, C.J., and HERSEY, J., concur.
803-CITE: 746 So.2d 1174 Jose ONTIVEROS, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant challenges his judgment and sentence following the
r...led, we remand for entry of such an order in accordance with this opinion. Affirmed and
remanded with directions. PARKER and WHATLEY, JJ., Concur.
804-CITE: 468 So.2d 358 George DEMOYA, Caribex International Co., Inc., a Florida corporation, and
Lumbermens Mutual Casualty Company, a foreign corporation, Appellants, v. Sandra LORENZO, as
Personal Representative of Kenneth Lorenzo, Deceased, Appellee.
TEXT: BASKIN, Judge. DeMoya appeals an adverse final judgment entered in a wrongful death action
b... trial court on the basis that our holding in Nunziato is binding as a matter of stare decisis
where the facts are the same. Reversed and remanded.
805-CITE: 602 So.2d 554 STATE of Florida, Appellant, v. Sally J. WOODLAND, Appellee.
TEXT: ON MOTION TO CORRECT CLERICAL ERROR PER CURIAM. We grant appellee s motion to correct
cleri...me, and multiple punishments are improper in the absence of express legislative
authorization. Id. GLICKSTEIN, C.J., STONE and FARMER, JJ., concur.
806-CITE: 594 So.2d 815 Todd DARLING, Appellant, v. CONLEY BUICK, INC., and Adjustco, Inc.
TEXT: SHIVERS, Judge. The claimant appeals an order of the Judge of Compensation Claims (JCC)
find...2 (Fla. 1st DCA 1985). Accordingly, this cause is reversed and remanded for further
proceedings consistent herewith. BOOTH and MINER, JJ., concur.
807-CITE: 525 So.2d 948 James E. GUYTON and wife, Dolly M. Guyton, Appellants, v. Herb HOWARD, Frederick
Wester, and Willie Alexander, Appellees.
TEXT: BARFIELD, Judge. The Guytons appeal a final judgment in a negligence action, asserting that
...d the case is REMANDED for a new trial on the liability of these three defendants, with proper
jury instructions. SHIVERS and NIMMONS, JJ., concur.
808-CITE: 601 So.2d 227 Carmen Nydia SALVADOR, Appellant, v. STATE of Florida, Appellee. Linda Lee
JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. For the purposes of this opinion, we consolidate these two cases, which
i...ic traffic infraction or offense. See generally Section 316.655, Fla.Stat. (1989). Reversed and
remanded. CAMPBELL, A.C.J., and LEHAN, J., concur.
809-CITE: 755 So.2d 808 Byron Antonio TRICE, Appellant, v. The STATE of Florida, Appellee.
TEXT: FLETCHER, Judge. Byron Antonio Trice appeals from his conviction for trafficking in cocaine
...41 N.Y.S.2d 49, 423 N.E.2d 807 (1981); State v. Walker, 159 Ariz. 506, 768 P.2d 668 (App.1989);
State v. Young, 249 Neb. 539, 544 N.W.2d 808 (1996).
810-CITE: 702 So.2d 1373 Timothy WAITES, Appellant, v. STATE of Florida, Appellee.
TEXT: SUA SPONTE CLARIFICATION SHAHOOD, Judge. We sua sponte grant clarification of this court s
...guage is susceptible of differing constructions, it shall be construed most favorably to the
accused. Section 775.021(1), Florida Statutes (1995).
811-CITE: 543 So.2d 314 STATE of Florida, Appellant, v. Joseph Leo LANDRY, Appellee.
TEXT: PER CURIAM. We reverse the order granting defendant s motion to suppress a duffel bag, and
f...robable cause to search the bag. Reversed and remanded for proceedings consistent herewith.
CAMPBELL, C.J., and LEHAN and ALTENBERND, JJ., concur.
812-CITE: 559 So.2d 291 James Kelvin BLOCKER, Appellant, v. WJA REALTY LIMITED PARTNERSHIP, d b a Tampa
World Jai Alai, Appellee.
TEXT: LEHAN, Acting Chief Judge. In this personal injury action we affirm the trial court s
dismis...dealer knew was incompetent behind the wheel and who then injured plaintiff in automobile
accident). Affirmed. THREADGILL and PARKER, JJ., concur.
813-CITE: 444 So.2d 87 Olga RAMOS and Olga Neris, Appellants, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellants were charged and convicted of making false statements under oath
... ------------ (FN1) The sentences were probation with one of the conditions being restitution of
the funeral expenses to the father of the deceased.
814-CITE: 520 So.2d 272 THE FLORIDA BAR, Complainant, v. Alan B. FIELDS, Jr., Respondent.
TEXT: PER CURIAM. These disciplinary proceedings are before the Court for consideration of the
ref... The Florida Bar, designated the Rules of Professional Conduct, replaced the Code of
Professional Responsibility and took effect on January 1, 1987.
815-CITE: 482 So.2d 611 Charles WOODEN, Appellant, v. PLOOF TRUCK LINES, INC., Appellee.
TEXT: WENTWORTH, Judge. Charles Wooden, claimant, appeals a workers compensation order by which a
...ideration as to the applicability of Section 440.10, Florida Statutes (1980), in light of our
decision in Barrow. JOANOS and THOMPSON, JJ., concur.
816-CITE: 674 So.2d 628 Charles Frederick BARR, Petitioner, v. STATE of Florida, Respondent.
TEXT: HARDING, Justice. We have for review Barr v. State, 655 So.2d 1175 (Fla. 1st DCA 1995),
whic...ned decision of the district court s majority. The cases relied upon in this Court s majority
are factually distinguishable. GRIMES, C.J., concurs.
817-CITE: 466 So.2d 1132 Richard GAZIE and Linda Gazie, his wife, Appellants, v. ILLINOIS EMPLOYERS
INSURANCE OF WASSAU, Appellee.
TEXT: PER CURIAM. This case involves the perennial question of whether the insureds rejected
unins...forgeries at all. This material issue of fact remaining unresolved, we must reverse.
REVERSED AND REMANDED. DOWNEY, LETTS and WALDEN, JJ., concur.
818-CITE: 491 So.2d 1245 David M. HOCHSTRASSER, Appellant, v. Hon. David A. DEMERS, County Judge, Sixth
Judicial Circuit of Florida, Appellee.
TEXT: GRIMES, Acting Chief Judge. This is an appeal from the denial of a petition seeking to
prohi...hibition and direct that the circuit court enter an order prohibiting further prosecution
for the subject crimes. RYDER and SANDERLIN, JJ., concur.
819-CITE: 512 So.2d 339 The STATE of Florida, Appellant, v. Bienvenido CONTRARAS, Appellee.
TEXT: BASKIN, Judge. Granting a defense motion to suppress evidence seized from defendant
Contrara...r v. State, 454 So.2d 739 (Fla. 2d DCA 1984); Kayes v. State, 409 So.2d 1075 (Fla. 2d DCA
1981), review denied, 424 So.2d 762 (Fla.1982). Affirmed.
820-CITE: 549 So.2d 1205 James HARRISON, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant appeals from the denial of a motion to suppress following which
he...ert. denied, 383 So.2d 1198 (Fla.1980); State v. Stevens, 354 So.2d 1244, 1247 (Fla. 4th DCA
1978); Section 901.151(2), Fla.Stat. (1987). Affirmed.
821-CITE: 559 So.2d 1244 Mary MATHIEU, Appellant, v. Gerald SCHNITZER and Patricia Schnitzer, his wife,
Appellees.
TEXT: POLEN, Judge. Appellant was struck by a white Saab as she crossed the street at
approximatel... So.2d 1241 (Fla.1987). Accordingly, we reverse both points on appeal and remand to
the trial court for a new trial. STONE and WARNER, JJ., concur.
822-CITE: 708 So.2d 1002 Stephanie BENTON, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Acting Chief Judge. Stephanie Benton has appealed from her convictions for felony
fle...tance use, was not orally pronounced and must be stricken. See Diaz v. State, 691 So.2d 589
(Fla. 2d DCA 1997). PATTERSON and WHATLEY, JJ., concur.
823-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.
824-CITE: 606 So.2d 652 Charles F. LINDSAY, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. The County Court for Indian River County has certified the following
question... and affirm the sentence. CERTIFIED QUESTION ANSWERED AND SENTENCE AFFIRMED. HERSEY and
GUNTHER, JJ., concur. ------------ (FN7) See fn. 6, above.
825-CITE: 473 So.2d 1370 Carl Michael PITTS, Appellant, v. STATE of Florida, Appellee.
TEXT: PEARSON, TILLMAN (Ret.), Associate Judge. The appellant, Carl Michael Pitts, was found
guilt...nt. (e.s.) I would simply remand for a new trial. ------------ (FN3) Sea Board Air Line Ry.
Co. v. Watson, 94 Fla. 571, 113 So. 716, 718 (Fla.1927).
826-CITE: 546 So.2d 754 David MYERS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant David Myers from a final judgment of
convicti.... State, 403 So.2d 349 (Fla.1981); State v. Poole, 496 So.2d 224 (Fla. 5th DCA 1986);
McGraw v. State, 404 So.2d 817 (Fla. 1st DCA 1981). Affirmed.
827-CITE: 569 So.2d 1375 Aladier J. OSORIO, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. The appellant Aladier J. Osorio challenges his conviction for trafficking in
co...8). Accordingly, we affirm the appellant s conviction but remand for resentencing within the
guidelines. CAMPBELL, A.C.J., and PARKER, J., concur.
828-CITE: 664 So.2d 1088 Jackie LINDSEY, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks review of a departure sentence after convictions for failure to
...r departure on the ground of substantial risk of death or great bodily harm to many persons.
AFFIRMED. GOSHORN, GRIFFIN and THOMPSON, JJ., concur.
829-CITE: 555 So.2d 1288 STATE of Florida, Appellant, v. Michael L. HERRIN, Appellee.
TEXT: PARKER, Judge. The state appeals the trial court s downward departure from the established
r...he majority opinion why the trial court s statement that defendant was amenable to
rehabilitation was not a valid reason for the downward departure.
830-CITE: 678 So.2d 521 Gloria STARITA, Personal Representative of the Estate of Mary Jade Brown,
Deceased, Appellant, v. WEST PUTNAM POST NUMBER 10164, VETERANS OF FOREIGN WARS OF the UNITED
STATES, INC., a Florida Corporation, Virginia Mullins, Kathleen Freaney, and David Rye, Appellees.
TEXT: COBB, Judge. The sole issue on this appeal is whether the trial court erred in granting
Post... s motion for a change of venue is reversed and the cause remanded for further proceedings.
REVERSED AND REMANDED. GOSHORN and HARRIS, JJ. concur.
831-CITE: 538 So.2d 1279 STATE of Florida, Appellant, v. Ed HOWARD, Jr., Appellee.
TEXT: COWART, Judge. A police officer, knowing of an outstanding warrant for the arrest of
appelle...rest. See State v. Bennett, 516 So.2d 964 (Fla. 5th DCA 1987), rev. denied, 528 So.2d 1183
(Fla.1988). AFFIRMED. ORFINGER and DANIEL, JJ., concur.
832-CITE: 584 So.2d 1130 David SORIA, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, Judge. David Soria was convicted in case number CF-90-1018 of two counts of
drivin...CF-90-1018 is vacated. We remand for resentencing on that count. AFFIRMED, in part;
VACATED, in part; REMANDED. HARRIS and DIAMANTIS, JJ., concur.
833-CITE: 645 So.2d 1066 David S. BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING ERVIN, Judge. Appellant, David S. Brown, challenges a trial court
s...did not require a contemporaneous objection). Therefore, even in the absence of a
contemporaneous objection, we consider this point properly raised.
834-CITE: 751 So.2d 552 STATE of Florida, Petitioner, v. Frederick Van HUBBARD, Respondent
TEXT: LEWIS, J. We have for review Hubbard v. State, 748 So.2d 288 (Fla. 1st DCA 1998), based
upon...ment to the jury instructions would ensure that the jury was fully instructed on the
applicable law and minimize the possibility of juror confusion.
835-CITE: 742 So.2d 294 Charles GULBRANDSEN (Donna Masters, Guardian), Appellant, v. CARLTON WILBERT
VAULT, INC. and FCCI Mutual Insurance Co. (FEISCO), Appellees.
TEXT: PER CURIAM. This appeal arises from an order of the Judge of Compensation Claims
(hereinafte...ding that Claimant had exclusive personal use of the employer-provided vehicle.
Accordingly, we AFFIRM. ERVIN, BOOTH and VAN NORTWICK, JJ., concur.
836-CITE: 744 So.2d 472 Abraham Ezekiel DAVIS, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, J. In this bench trial on a charge of illegal possession of a firearm by a violent
c...the witness. There being no merit in any other arguments by defendant, the conviction, and
sentence are AFFIRMED. GUNTHER and POLEN, JJ., concur.
837-CITE: 553 So.2d 332 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Gregory
MICHAELIAN, Appellee.
TEXT: FRANK, RICHARD H., Associate Judge. Gregory Michaelian, the owner of an automobile
restorati... judgment entered in favor of Michaelian and remand this matter for further proceedings
consistent with this opinion. DOWNEY and DELL, JJ., concur.
838-CITE: 653 So.2d 1146 Rory A. BUSSERT, Appellant, v. Dean W. HOLLEY, Appellee.
TEXT: PER CURIAM. In this workers compensation case, the appellant appeals from an Order of
Equita...h the Claimant is otherwise entitled under the law. REMANDED for treatment consistent with
this opinion. WARNER, POLEN and STEVENSON, JJ., concur.
839-CITE: 692 So.2d 277 Terrance HILL, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. Terrance D. Hill appeals the sentence imposed following a probation
violati...dy of the department for a substantive violation for a period longer than the maximum
sentence for the offense for which he was found guilty . . . .
840-CITE: 547 So.2d 183 STATE of Florida, Appellant, v. Kenneth Melton EDWARDS, Appellee.
TEXT: PARKER, Judge. The state appeals an order granting Kenneth Edwards motion to suppress
cocain..., 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982). Reversed and remanded for proceedings consistent
with this opinion. RYDER, A.C.J., and FRANK, J., concur.
841-CITE: 611 So.2d 1314 Michael WOULARD, Sr., Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Orlando
Transport, Ltd., Gray Line of Orlando, Appellees.
TEXT: HARRIS, Judge. Michael Woulard appeals from a decision of the Unemployment Appeals
Commissio...ment benefits (if he is otherwise qualified) based on the termination of his position as
bus driver. AFFIRMED. DAUKSCH and DIAMANTIS, JJ., concur.
842-CITE: 685 So.2d 1366 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant,
v. Charles R. BLATZ, Appellee.
TEXT: QUINCE, Judge. The State Department of Highway Safety and Motor Vehicles (the Department)
ch... reverse the order of the trial court and remand with directions to require Blatz to pay the
transfer fee. PARKER, A.C.J., and LAZZARA, J., concur.
843-CITE: 616 So.2d 510 STATE of Florida, Appellant, v. Steven Ray ARMSTRONG, Appellee.
TEXT: OPINION ON MOTION FOR CLARIFICATION DOWNEY, JAMES C., Senior Judge. Appellee was charged
by...n.o.v. Accordingly, we reverse the judgment appealed from and remand the cause for further
consistent proceedings. GUNTHER and POLEN, JJ., concur.
844-CITE: 644 So.2d 597 John Charles THOMAS, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. John Charles Thomas appeals from his judgment of conviction for unlawful
po...990). This argument is not accurate since the officer did not discover Thomas license had been
suspended until after his arrest on the drug charges.
845-CITE: 563 So.2d 1086 Sandra HEBERLING, as Personal Representative of the Estate of Latisha
Heberling, deceased, Appellant Cross Appellee, v. Joel FLEISHER, M.D., Philip C. Weimer, M.D. &
P.A., Stephen Z. Gervin, M.D. and Stephen Z. Gervin, M.D., P.A., Appellees Cross Appellants, and
Gateway Hospital Corporation d b a Pembroke Pines General Hospital and the Florida Patients
Compensation Fund, Appellees.
TEXT: LETTS, Judge. During a medical malpractice jury trial, which resulted in a defense verdict,
...elieve the other error which the majority discusses to have been harmless, and as the majority
suggests, would not warrant reversal, standing alone.
846-CITE: 592 So.2d 1202 STATE of Florida, Appellant, v. Terry LITE, Appellee.
TEXT: PER CURIAM. Appellee, Terry Lite pled guilty to possession of cocaine in violation of
sectio...hat section 322.055(1) is constitutional and reverse and remand for the trial court to
enforce the statute. WARNER, POLEN and GARRETT, JJ., concur.
847-CITE: 710 So.2d 1039 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Franklyn A. SALTER, Respondent.
TEXT: PER CURIAM. The Department of Highway Safety and Motor Vehicles seeks certiorari relief
from...sel which necessitated the appeal in the first instance. See Rapid Credit Corp. v. Sunset
Park Centre, Ltd., 566 So.2d 810, n. 2 (Fla. 3d DCA 1990).
848-CITE: 550 So.2d 1169 Charlie COX, Appellant, v. STATE of Florida, Appellee.
TEXT: GARRETT, Judge. Appellant appeals being sentenced to jail, followed by house arrest
(communi... RESENTENCING CONSISTENT WITH THIS OPINION. DELL and GUNTHER, JJ., concur. ------------
(FN1) Sections 948.01 and 921.187, Florida Statutes (1987).
849-CITE: 472 So.2d 1205 Floyd Joseph HALL and Waste Management, Inc., Petitioners, v. Clarence R.
SPENCER, et al., Respondents.
TEXT: GLICKSTEIN, Judge. This is a petition for writ of common law certiorari for review of a
prod... be discussed here. Since there is Florida law governing the present issue, and we are not
considering the federal questions, this argument is moot.
850-CITE: 433 So.2d 48 LUMBERMENS MUTUAL CASUALTY COMPANY, Appellant, v. Gary M. STERN, Appellee.
TEXT: PER CURIAM. Lumbermens Mutual Casualty Company appeals a final declaratory decree entered
ag...ter a final declaratory decree finding no uninsured motorist coverage for the insured Gary M.
*50 Stern for the automobile accident involved herein.
851-CITE: 752 So.2d 94 Mukesh RAMPERSAD, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Mukesh Rampersad seeks to reverse his conviction for burglary and to be
discharg...on for rehearing. We do not disturb the conviction and suspended sentence for the simple
battery. Reversed in part, affirmed in part, and remanded.
852-CITE: 597 So.2d 870 Gary ESTEP, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was convicted of possession of illegal drugs. On appeal, he
challenges...re equally suggestive of travel-weary tourists looking for a restroom or a cup of
coffee. CAMPBELL, A.C.J., and PARKER and ALTENBERND, JJ., concur.
853-CITE: 501 So.2d 1326 ORLANDO PRECAST PRODUCTS, and Alexis Insurance Company, Appellants, v. Alan
CIOFALO, Appellee. McKENZIE TANK LINES and Hewitt, Coleman & Associates, Appellants, v. Alan
CIOFALO, Orlando Precast Products, and Alexis Insurance Company, Appellees.
TEXT: SMITH, Judge. The employers carriers (E C No. 1 and E C No. 2) appeal the deputy
commissione...(1)(a), Florida Statutes (1985). Southern Culvert Pipe v. Oswalt, 382 So.2d 1365 (Fla.
1st DCA 1980). AFFIRMED. ZEHMER and WIGGINTON, JJ., concur.
854-CITE: 700 So.2d 104 Kemrick TRAVIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PADOVANO, Judge. In this appeal the defendant challenges the constitutionality of section
31...ert a claim that the statute, though facially valid, does not clearly prohibit the conduct in
question. Affirmed. WEBSTER and MICKLE, JJ., concur.
855-CITE: 702 So.2d 294 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. David J. PERRY,
Respondent.
TEXT: W. SHARP, Judge. The Department of Highway Safety and Motor Vehicles (Department) seeks
cert...bjected to, there was insufficient evidence to conclude he was a driver. Petition for Writ
of Certiorari DENIED. PETERSON and ANTOON, JJ., concur.
856-CITE: 699 So.2d 736 LIBERTY MUTUAL INSURANCE COMPANY, a foreign corporation, Appellant, v. CAPELETTI
BROS., INC., Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. The motion for rehearing is granted. This court s
order...lic Insurance Company, 596 So.2d at 97; First Insurance Company of Hawaii, Inc. v. State,
665 P.2d at 655. Reversed and remanded with instructions.
857-CITE: 615 So.2d 850 Daniel Wayne JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. Daniel Wayne Jackson appeals his sentences imposed for
convictio...case. In both Horner and the instant case, the probationary periods follow the jail
terms and are not thereafter succeeded by further incarceration.
858-CITE: 476 So.2d 691 Aurora Maria Leal DE HERRERA, as Personal Representative of the Estate of Alvaro
Herrera, deceased, Appellant, v. GULF AND WESTERN INDUSTRIES, INC., d b a Gulf and Western Food
Products Corp., d b a Okeelanta Sugar Mill and Aetna Casualty and Surety Company, Appellees.
TEXT: HENDRY, Judge. Aurora de Herrera, as personal representative of the estate of Alvaro
Herrera...as reading one of these warning signs right before he noticed that the truck ahead of him
was stopping. He said, however, that he wasn t distracted.
859-CITE: 668 So.2d 1077 Kelly Ann MAURER, Petitioner, v. STATE of Florida, Respondent.
TEXT: THOMPSON, Judge. Kelly Ann Maurer ( Maurer ) petitions for a writ of certiorari to quash an
...truction to affirm the county court s decision. CERTIORARI granted; DECISION quashed; REMANDED
with instructions. DAUKSCH and HARRIS, JJ., concur.
860-CITE: 586 So.2d 1338 G.E.C., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. G.E.C. appeals from the trial court s judgment which found him to be
delinq...ering and prowling; hence, there was no poison tree to taint the evidence sustaining the
pleas of guilt to the offenses of burglary and grand theft.
861-CITE: 660 So.2d 775 William Wayne DAVIS, Petitioner, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR
VEHICLES, STATE OF FLORIDA, Respondent.
TEXT: BENTON, Judge. When William Wayne Davis sought judicial review of an administrative
decision....e., dismissing) petition for writ of certiorari, and remand for further proceedings
consistent with this opinion. WEBSTER and MICKLE, JJ., concur.
862-CITE: 571 So.2d 18 In re the FORFEITURE OF ONE 1972 MAROON MERCEDES, V.I.N. 11401112012661. Charles
B. WELLS, as Sheriff of Manatee County, Florida, Appellant, v. Guy FREEMAN, Appellee.
TEXT: PATTERSON, Judge. The Sheriff of Manatee County sought to have Guy Freeman s car forfeited
u...rse and remand with instructions to enter a judgment of forfeiture in favor of the Sheriff of
Manatee County. RYDER, A.C.J., and FRANK, J., concur.
863-CITE: 690 So.2d 706 Glenn E. STEINER, Petitioner, v. STATE of Florida, Respondent.
TEXT: WARNER, Judge. We grant the petition for certiorari from the opinion of the circuit court
si...We therefore grant the petition and quash the decision of the circuit court reversing the
county court s order. GLICKSTEIN and FARMER, JJ., concur.
864-CITE: 562 So.2d 857 Gloria ANDERSON, Appellant, v. Charles K. CANNON, Mack Y. Poole, Carol L. Poole,
Mike Fulford and Hartford Insurance Company, Appellees.
TEXT: PER CURIAM. In Case #88-2246-CA (trial court docket number), the trial court granted
summary...al court docket number). We have examined appellant s other arguments and find them
without merit. AFFIRMED SMITH, NIMMONS and ALLEN, JJ., concur.
865-CITE: 489 So.2d 1168 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY and MOTOR VEHICLES, Appellant,
v. David Lee VOGT, Appellee.
TEXT: DANAHY, Judge. The County Court for Sarasota County certified the following question to
this...ion in the affirmative and having found that the order of contempt under review is in error,
we reverse. SCHEB, A.C.J., and SCHOONOVER, J., concur.
866-CITE: 711 So.2d 1275 Virgilio SOTO, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, Judge. Appellant, whose driver s license had previously been suspended, was given a
t...retation of an ambiguous statute by an agency gives way to the rule of lenity. Crandon v. U.S.,
494 U.S. 152, 110 S.Ct. 997, 108 L.Ed.2d 132 (1990).
867-CITE: 646 So.2d 292 Tzippora KALISCH, Appellant, v. Bernard KALISCH, Appellee.
TEXT: BASKIN, Judge. On September 2, 1993, Tzippora Kalisch filed a negligence action against
Bern...lins, 621 So.2d 1096 (Fla. 4th DCA 1993). Accordingly, the order is reversed and the cause
remanded for further proceedings. Reversed and remanded.
868-CITE: 592 So.2d 383 Frederick Alex DUMAS a k a Fred Dumas, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. The appellant challenges his convictions and sentences for
attem...so improper. Reversed and remanded for resentencing within the sentencing guidelines.
THREADGILL, J., and CASE, JAMES R., Associate Judge, concur.
869-CITE: 442 So.2d 1064 William R. HORTON, Appellant, v. STATE of Florida, Appellee.
TEXT: NIMMONS, Judge. Horton appeals his conviction of the misdemeanor offense of trespass to an
u... and the judgment is reversed and the cause is remanded with directions to discharge the
appellant. ROBERT P. SMITH, Jr., and SHIVERS, JJ., concur.
870-CITE: 599 So.2d 257 IN re FORFEITURE OF ONE 1983 NISSAN 280 ZX AUTOMOBILE, VIN #JN1HZ06S2CX429432.
TEXT: PER CURIAM. The City of Fort Lauderdale (the city) filed a petition for rule to show cause
a..., making the Nissan the means of transporting the items, that makes it subject to forfeiture.
GLICKSTEIN, C.J., and GUNTHER and POLEN, JJ., concur.
871-CITE: 706 So.2d 884 Anthony GREEN, Appellant, v. STATE of Florida, Appellee.
TEXT: GERSTEN, CAROL R., Associate Judge. Appellant, Anthony Green, was charged by Information
wit...e of appellant s sentences for lmproper Exhibition of a Firearm. AFFIRMED IN PART; REVERSED
IN PART WITH DIRECTIONS. KLEIN and GROSS, JJ., concur.
872-CITE: 676 So.2d 1038 Nancy Ann LAYTON, Appellant, v. The FLORIDA DEPARTMENT OF HIGHWAY SAFETY &
MOTOR VEHICLES, Appellee.
TEXT: VAN NORTWICK, Judge. Appellant, Nancy Ann Layton, seeks reversal of an order dismissing her
...Layton to accurately maintain motor vehicle records; Trianon and Friedberg, supra. The order of
dismissal is AFFIRMED. MINER and KAHN, JJ., concur.
873-CITE: 445 So.2d 687 STATE of Florida, Appellant, v. Stephen Joseph LYNCH, Appellee.
TEXT: HOBSON, Acting Chief Judge. The state appeals an order granting Stephen Joseph Lynch s
motio...se of possession of cocaine and remand for proceedings not inconsistent with this opinion.
REVERSED and REMANDED. RYDER and CAMPBELL, JJ., concur.
874-CITE: 686 So.2d 728 John COFTY, Appellant, v. Nevins SMITH, Jr., and Timothy Meade, Appellees.
TEXT: WOLF, Judge. This is a timely appeal of a final order granting final summary judgment in a
n... facts, the shop rule exception applied. The record supports summary judgement based on this
exception. Affirmed. BOOTH and PADOVANO, JJ., concur.
875-CITE: 485 So.2d 414 STATE of Florida, Petitioner, v. Keith HENRIQUEZ, Respondent.
TEXT: EHRLICH, Justice. This case is before us on petition to review a decision of the Fourth
Dist...einstate that conviction. It is so ordered. BOYD, C.J., and OVERTON, McDONALD, SHAW and
BARKETT, JJ., concur. ADKINS, J., concurs in result only.
876-CITE: 553 So.2d 323 In the Interest of W.E.B., III, a child, Appellant, v. STATE of Florida,
Appellee.
TEXT: WIGGINTON, Judge. We are asked to review the trial court s Order of
Adjudication-Disposition...1980) (vehicle driven, without braking, into rear of parked truck, moving
the truck about 200 feet and stopping vehicle s speedometer at 90 m.p.h.).
877-CITE: 618 So.2d 742 STATE of Florida, Appellant, v. Arthur Joseph HILL, Appellee.
TEXT: FRANK, Judge. On January 11, 1992, a vehicle Arthur Hill was operating collided with a
concr...of individuals to conduct such analyses, and issue permits which will be subject to
termination or revocation at the discretion of the department.
878-CITE: 712 So.2d 1157 Patrick Moore HECKARD, Appellant, v. STATE of Florida, Appellee.
TEXT: QUINCE, Judge. Patrick Moore Heckard challenges the denial of his petition for writ of
prohi...te v. Coble, 704 So.2d 197 (Fla. 4th DCA 1998). We reverse and reinstate the judgment of
the circuit court. PARKER, C.J., and WHATLEY, J., concur.
879-CITE: 634 So.2d 707 ELECTRONIC SERVICE CLINIC and Westfield Companies, Inc., Appellants, v. David
BARNARD, Appellee.
TEXT: PER CURIAM. In this workers compensation case, the employer carrier (e c) appeal an order
of..., and the errand could not be deemed complete until the trip ended. Accordingly, the JCC s
order is AFFIRMED. JOANOS, MINER and KAHN, JJ., concur.
880-CITE: 740 So.2d 1241 Frank KING, as Personal Representative of the Estate of Annie King, Deceased
and Frank King, individually and surviving husband of Annie King, Deceased, Appellants, v. Willie
HALL, an individual, and Knight-Ridder, Inc. d b a The Miami Herald Publishing Company, Appellees.
TEXT: GERSTEN, Judge. Frank King appeals an adverse summary judgment claiming a genuine issue of
m...3 (Fla. 3d DCA 1976). Accordingly, entry of final summary judgment in favor of the Herald was
appropriate, and we affirm the order below. Affirmed.
881-CITE: 543 So.2d 1320 GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant, v. Debra WRIGHT, Appellee.
TEXT: DOWNEY, Judge. Appellant, Government Employees Insurance Company (GEICO), appeals from a
sum...ured in automobiles owned by them. Accordingly, the judgment appealed from is reversed.
GLICKSTEIN and SNYDER, ARTHUR I., Associate Judge, concur.
882-CITE: 711 So.2d 250 Mario SIKES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Mario Danele Sikes, appellant, appeals the judgment and sentence entered
against...o.2d 622 (Fla.1988). Accordingly, we affirm on appellant s convictions for carjacking and
kidnapping. GLICKSTEIN, WARNER and SHAHOOD, JJ., concur.
883-CITE: 585 So.2d 1084 COMMERCE INSURANCE COMPANY and William A. Henderson, Appellants, v. ATLAS RENT
A CAR, INC., d b a American International Rent-A-Car of Dade County, a Florida corporation,
Appellee.
TEXT: JORGENSON, Judge. Commerce Insurance Co. and William Henderson appeal from a final summary
j...on 627.7263, lessee must be informed that his insurance carrier will be responsible). (FN4) This
is not an action by an insured against its insurer.
884-CITE: 634 So.2d 1113 Cecil Robert JOHNSON, Appellant, v. DEEP SOUTH CRANE RENTALS, INC., a Florida
Corporation, and James Allen Reinhardt, Appellees.
TEXT: ALLEN, Judge. Cecil Robert Johnson challenges an amended final judgment entered pursuant to
... are therefore free from negligence. We reverse the judgment for the appellees and remand for
further proceedings. BOOTH and WEBSTER, JJ., concur.
885-CITE: 755 So.2d 142 Anthony BANKS, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, J. We affirm Banks conviction for delivery of cocaine. It was not error to allow a
po...r asserted, inapposite. We, therefore, affirm Banks conviction for delivery of cocaine and
sentence entered thereon. DELL and TAYLOR, JJ., concur.
886-CITE: 554 So.2d 1226 Victoria Lynn BLAIR, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Victoria Blair was adjudged guilty of possession of cocaine. The trial judge
...anged to prohibit appellant from driving during the term of probation. Remanded for correction
of sentence. CAMPBELL, C.J., and RYDER, J., concur.
887-CITE: 686 So.2d 672 DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, Etc., Petitioner, v. Joseph
JOHNSON, Respondent.
TEXT: DAUKSCH, Judge. Petitioner, State of Florida, Department of Highway Safety & Motor Vehicles
...he petition for writ of certiorari and quash the circuit court s order. PETITION GRANTED; ORDER
QUASHED. PETERSON, C.J., and W. SHARP, J., concur.
888-CITE: 601 So.2d 1195 STATE of Florida, Petitioner, v. Corey L. STEPHENS, Respondent.
TEXT: KOGAN, Justice. We have for review State v. Stephens, 586 So.2d 1073 (Fla. 5th DCA 1991),
wh...lby, 361 So.2d 215 (Fla. 2d DCA 1978), is approved. It is so ordered. BARKETT, C.J., and
OVERTON, McDONALD, SHAW, GRIMES and HARDING, JJ., concur.
889-CITE: 695 So.2d 441 Clifton JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, Judge. Clifton Johnson appeals the judgment entered against him after a jury found
hi...n contributed to Johnson s conviction. State v. DiGuilio, 491 So.2d 1129, 1135 (Fla.1986).
REVERSED and REMANDED. KLEIN and PARIENTE, JJ., concur.
890-CITE: 751 So.2d 619 L.B. TRUCKING & CONSTRUCTION, INC. f k a L.B. Trucking & Excavating, Inc.,
Appellant, v. HALID IBRAHIMOVIC, et ux., Alvira L. Grant, an individual, and Jackie K. Graham, an
individual, Appellees.
TEXT: PER CURIAM. Appellant appeals from non-final orders granting a temporary injunction
enjoinin... change that result. We reverse and direct the trial court on remand to dissolve the
temporary injunction. GUNTHER, FARMER and KLEIN, JJ., concur.
891-CITE: 706 So.2d 66 STATE of Florida, Appellant, v. Lucio HERNANDEZ, Appellee.
TEXT: FRANK, Acting Chief Judge. The State appeals from an order suppressing marijuana and brass
k...o stop and search him. Accordingly, the trial court erred in granting Hernandez s motion to
suppress. Reversed. FULMER and NORTHCUTT, JJ., concur.
892-CITE: 625 So.2d 1226 David GRIEFER and Ann Griefer, his wife, as Guardians of the Person and
Property of Laurel B. Griefer, an Incompetent, Appellants, v. Michael Jon DiPIETRO and Myra
DiPietro, a k a Myra Bellio, a k a Myra J. Chandler, a k a LaPoint, a k a Myra No Last Name, a k a
Myra, Appellees.
TEXT: WARNER, Judge. Appellants, as guardians of their adult daughter, challenge a final judgment
...andard in thoughtfully assessing this case. We therefore affirm on the damage issues. ANSTEAD,
J., and OWEN, WILLIAM C., JR., Senior Judge, concur.
893-CITE: 630 So.2d 1225 Tony Lee FREEMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PARIENTE, Judge. The defendant was tried and convicted of attempted first-degree murder,
sho...ere was improper contact between the victim and the jurors outside of the courtoom. REVERSED
AND REMANDED. DELL, C.J., and GLICKSTEIN, J., concur.
894-CITE: 530 So.2d 995 Carol Ann HAMMOND, as Personal Representative of the Estate of Michael Lynn
Parker, deceased, Appellant, v. JIM HINTON OIL COMPANY, INC., and Alvin J. Holmes, Appellees. Marie
Ezell AGNER, as Personal Representative of the Estate of Michael Mantzanas, deceased, Appellant, v.
JIM HINTON OIL COMPANY, INC., and Alvin J. Holmes, Appellees.
TEXT: ZEHMER, Judge. This is a consolidated appeal from a jury verdict in a wrongful death action
...atute as applying only to the car ahead and not for the protection of the decedent s motorcycle,
no instruction on the statute would be appropriate.
895-CITE: 680 So.2d 1052 Alberto BLASCO, Appellant, v. The STATE of Florida, Appellee.
TEXT: FLETCHER, Judge. Defendant Alberto Blasco has appealed his convictions for two counts of
dri...he results of Blasco s blood alcohol test was not error. For all of the foregoing reasons, I
would affirm the conviction and sentence under review.
896-CITE: 522 So.2d 831 THE FLORIDA BAR, Complainant, v. Halton J. HART, Respondent.
TEXT: PER CURIAM. These consolidated disciplinary proceedings are before the Court for
considerati...2,575.72, for which sum let execution issue. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
897-CITE: 754 So.2d 126 STATE of Florida, Appellant, v. Paul THOMPSON, Appellee.
TEXT: ORFINGER, M., Senior Judge. Appellee was charged by information with and pled guilty to
felo... the cause remanded for imposition of a guidelines sentence. REVERSED and REMANDED.
THOMPSON, J., concurs. GRIFFIN, J., dissents without opinion.
898-CITE: 481 So.2d 971 STATE of Florida, Appellant, v. Robert Wesley BENNETT, Appellee.
TEXT: SHARP, Judge. The state appeals from an order granting Bennett s motion to suppress
evidence... Goldberg v. State, 407 So.2d 352 (Fla. 4th DCA 1981); Major v. State, 389 So.2d 1203
(Fla. 3rd DCA 1980), review denied, 408 So.2d 1095 (Fla.1981).
899-CITE: 523 So.2d 628 Edward ARENADO, as Personal Representative of the Estate of Susanna Arenado,
Appellant, v. Florida Power & Light Company, a Florida corporation, Appellee.
TEXT: SALMON, MICHAEL H., Associate Judge. Susanna Arenado (Arenado) was killed in an automobile
a...e was no duty from FPL to Arenado, the dismissal of the fourth amended complaint, with
prejudice, is affirmed. ANSTEAD and GLICKSTEIN, JJ., concur.
900-CITE: 747 So.2d 1021 Ernesto DIAZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: SORONDO, J. Ernesto Diaz (defendant), appeals from a final judgment of guilt of second
degre...e misguided notion that having the final argument in summation is more important than the
introduction of potentially important evidence. Affirmed.
901-CITE: 450 So.2d 1283 Lee Grant BUTLER Appellant, v. STATE of Florida, Appellee.
TEXT: HOBSON, Judge. Appellant, Lee Grant Butler, challenges the judgment and sentence finding
him...consistent with this opinion. We affirm the judgment and sentence in all other respects.
AFFIRMED and REMANDED. OTT, C.J., and DANAHY, J., concur.
902-CITE: 700 So.2d 56 Robert SCHULTZ, Petitioner, v. STATE of Florida, The Office of the State
Attorney, Seventeenth Judicial Circuit of Florida, South Satellite Courthouse, Respondents.
TEXT: PER CURIAM. This is a petition for writ of certiorari addressed to an order entered by the
c...appeal on the authority *57 of Waite. As we did in Waite, we again certify conflict with Martin.
STONE, C.J., and WARNER and PARIENTE, JJ., concur.
903-CITE: 527 So.2d 845 Walter JACKSON, Jr., Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Petitioner Walter Jackson, pursuant to a plea agreement with the state, entered
...omicide and driving with a suspended or revoked license intact. In all other respects, the motion
for rehearing and for rehearing en banc is denied.
904-CITE: 528 So.2d 1384 Thomas MAUL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. GUNTHER, J., concurs. GLICKSTEIN, J., concurs specially with
opinion...ce, but rather for the purpose of getting to the jury his first-hand knowledge of the fact
that defendant was not in possession of the car that day.
905-CITE: 719 So.2d 981 Eduardo MANGUAL, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE, etc.,
Appellee.
TEXT: W. SHARP, Judge. Mangual appeals from a final summary judgment which denied him uninsured
mo...ker, 640 So.2d 46 (Fla.1994); Nationwide Mutual Fire Ins. Co. v. Phillips, 609 So.2d 1385 (Fla.
5th DCA 1992), rev. denied, 640 So.2d 53 (Fla.1994).
906-CITE: 570 So.2d 1059 PALM BEACH COUNTY SHERIFF S OFFICE and Sedgwick James of Florida, Inc.,
Appellants, v. John C. GINN, Appellee.
TEXT: ALLEN, Judge. The employer carrier bring this appeal from an order finding the claimant s
ac...his cause is remanded to the judge of compensation claims for entry of an order in accordance
with this opinion. WENTWORTH and JOANOS, JJ., concur.
907-CITE: 732 So.2d 431 Dwayne WILLIAMS, a k a Dwayne Crawford, Appellant, v. STATE of Florida,
Appellee.
TEXT: ALTENBERND, Acting Chief Judge. Dwayne A. Williams appeals his judgments and sentences
arisi...s. We also reverse the sentences and remand for resentencing. Affirmed in part, reversed in
part, and remanded. FULMER and NORTHCUTT, JJ., Concur.
908-CITE: 573 So.2d 445 Stephen VACHRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant challenges that portion of his sentence for grand theft in which
t...ision in Vachris I if it determines that the Department should revoke appellant s license.
CAMPBELL, A.C.J., and LEHAN and THREADGILL, JJ., concur.
909-CITE: 571 So.2d 5 STATE of Florida, Appellant, v. James HANNEY, Appellee.
TEXT: HALL, Judge. The state challenges the order granting the appellee s motion to prohibit
enhan... the state attorney indicated that a sentence of less than six months imprisonment would
have entitled the appellee to counsel for his 1982 charges.
910-CITE: 510 So.2d 915 HARBOR COURSE CLUB, INC. and Driscoll Properties, a Florida General Partnership,
and Walter Driscoll, Appellants, v. DEPARTMENT OF COMMUNITY AFFAIRS, Appellee. HARBOR COURSE CLUB,
INC., and Driscoll Properties, a Florida General Partnership, Appellants, v. DEPARTMENT OF COMMUNITY
AFFAIRS, Appellee.
TEXT: PER CURIAM. This is an appeal under the Administrative Procedures Act from final orders of
t...re not persuaded by any of the appellants arguments that we should disturb the agencies actions.
Accordingly, the orders under review are Affirmed.
911-CITE: 454 So.2d 596 Emory Jack BROWN, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Chief Judge. The defendant appeals from a judgment of conviction for second
degree...ve been granted. The judgment of conviction is REVERSED with directions to discharge the
defendant. FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.
912-CITE: 548 So.2d 737 Kenneth JORDAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Kenneth Jordan, the defendant appellant, appeals his convictions for
trafficking...ot err in denying the motion for judgment of acquittal on the count for trafficking in
cocaine. AFFIRMED. DOWNEY, WALDEN and GUNTHER, JJ., concur.
913-CITE: 704 So.2d 1116 Robert MURPHY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Robert Murphy, challenges the trial court s judgments and
sentenc...dgments and sentences in all other respects. Affirmed as modified. BLUE, A.C.J.,
NORTHCUTT, J., and FICARROTTA, GASPER J., Associate Judge, concur.
914-CITE: 578 So.2d 400 Keith Langston HARDEN, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Chief Judge. This appeal is from a denial of a motion to suppress evidence. We
affi...d call a friend to come get the vehicle, so the fundamental reasons articulated in Belton for
the search of the vehicle did not obtain in this case.
915-CITE: 540 So.2d 144 James GIBBONS, Appellant, v. STATE of Florida, Appellee.
TEXT: HERSEY, Chief Judge. Appellant, James Gibbons, appeals his sentence and raises two issues.
H...nefit from the lesser sentence simply because one of the two convictions cannot stand under
Carawan. In all other respects, I concur in the opinion.
916-CITE: 466 So.2d 10 Roger RICHWAGON, Appellant, v. STATE of Florida, Appellee.
TEXT: LETTS, Judge. In this case, the defendant was charged and convicted of vehicular homicide.
H...STEIN and BARKETT, JJ., concur. ------------ (FN1) Section 322.261 deals with the refusal to
submit to a blood test as provided in section 316.1932.
917-CITE: 461 So.2d 1361 Nelson L. DAVIS, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Chief Judge. Nelson L. Davis was charged with grand theft auto. The court denied his
...ree and one half years. Therefore, the absence of a guideline scoresheet in this record is
irrelevant. Affirmed. GRIMES and CAMPBELL, JJ., concur.
918-CITE: 643 So.2d 701 Jessie Lee MACK, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. Appellant, Jessie Lee Mack, appeals his conviction and sentence for
possession...8). *702 AFFIRMED IN PART, REVERSED IN PART, and REMANDED for further proceedings
consistent with this opinion. BARFIELD and WEBSTER, JJ., concur.
919-CITE: 680 So.2d 486 CANAL INSURANCE COMPANY, Petitioner, v. Richard Dewey REED, Respondent. CANAL
INSURANCE COMPANY, Appellant, v. Michael YORK, Appellee.
TEXT: KAHN, Judge. This court previously consolidated these cases and determined that a
third-part...was issued pursuant to a requirement of the State s financial responsibility law ).
REVERSED AND REMANDED. BARFIELD and VAN NORTWICK, JJ., concur.
920-CITE: 717 So.2d 578 Stuart SWALHEIM, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a denial of a writ of prohibition. Appellant had
peti...uit court for issuance of the writ of prohibition with directions to discharge appellant.
REVERSED and REMANDED. HARRIS and PETERSON, JJ., concur.
921-CITE: 542 So.2d 1027 Ian HUGHES, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from the circuit court s denial of a petition for writ of
proh...v. State, 484 So.2d 1288 (Fla. 3d DCA), review denied, 492 So.2d 1332, 1335 (Fla.1986); Burns
v. State, 433 So.2d 997 (Fla. 2d DCA 1983). Affirmed.
922-CITE: 552 So.2d 1181 Paul Gregory TURNER, Appellant, v. STATE of Florida, Appellee.
TEXT: GUNTHER, Judge. We reverse the convictions and remand to the trial court to vacate the
sente...t s motion to suppress the evidence seized following the stop. REVERSE AND REMAND.
GLICKSTEIN, J., concurs. WALDEN, J., dissents without opinion.
923-CITE: 715 So.2d 1024 Zenon MARTINEZ, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. By previous order, we granted Zenon Martinez writ of habeas corpus and directed
...1995). Because the State offered no such evidence in this case, the pretrial detention order
cannot stand. DELL, STEVENSON and TAYLOR, JJ., concur.
924-CITE: 651 So.2d 726 Nathaniel WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. White appeals the trial court s denial of his motion to correct an illegal
...AFFIRMED. DAUKSCH and PETERSON, JJ., concur. ------------ (FN1) Section 775.084(1)(b)(1),
Fla.Stat. (1989). (FN2) Section 860.01, Fla.Stat. (1977).
925-CITE: 465 So.2d 1366 STATE of Florida, Petitioner, v. Stanley W. ENGLEHARDT, Respondent.
TEXT: DOWNEY, Judge. The State of Florida seeks issuance of a writ of certiorari to review an
orde...view of the foregoing, the order of the circuit court is quashed, and the judgment of the
county court is reinstated. HURLEY and DELL, JJ., concur.
926-CITE: 582 So.2d 1221 Enzo PERLINI and Joann Perlini, his Wife, Appellants Cross-Appellees, v.
SEMINOLE WOODS COMMUNITY ASSN., INC., Appellee Cross-Appellant.
TEXT: DIMANTIS, Judge. Appellants defendants below, Enzo and Joann Perlini, and appellee
plaintiff...ction. In the instant case, the Association was not successful. AFFIRMED in part;
REVERSED in part and REMANDED. HARRIS and PETERSON, JJ., concur.
927-CITE: 675 So.2d 1049 Sharon PETREL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant challenges the trial court s order denying her motion to suppress
evid...ed. WARNER, FARMER and SHAHOOD, JJ., concur. ------------ (FN1) After appellant was stopped,
she was arrested for driving with a suspended license.
928-CITE: 754 So.2d 691 STATE of Florida, Petitioner, v. Robert HARBAUGH, Respondent.
TEXT: PER CURIAM. We have for review a district court s decision on the following question,
certif... a stipulation in the instant case may be more sensible and consistent with Florida
precedent than a bifurcated trial resulting in a double verdict.
929-CITE: 525 So.2d 1001 STATE of Florida, Petitioner, v. Richard C. LOCKMAN, Respondent.
TEXT: DAUKSCH, Judge. This matter is before the court upon the petition of the state to have this
...cation to a driving under the influence charge. We grant the writ and quash the order of
suppression. WRIT GRANTED. COBB and DANIEL, JJ., concur.
930-CITE: 682 So.2d 1200 Virgilio DUARTE, Appellant, v. Mary WETZEL and Thomas Wagner, Appellees.
TEXT: GROSSMAN, MEL, Associate Judge. Appellant, Virgilio Duarte (hereinafter Duarte), filed a
com..., had driven without her consent and gotten caught, and *1202 she still left the keys in the
kitchen. I would hold that consent is an issue of fact.
931-CITE: 537 So.2d 564 Barbara Ann MAGAW, Petitioner, v. STATE of Florida, Respondent.
TEXT: GRIMES, Justice. We review Magaw v. State, 523 So.2d 762 (Fla. 1st DCA 1988), in which the
d...cation, our construction of the current statute necessarily encompasses the proof required to
convict of the lesser crimes under section 316.193(3).
932-CITE: 657 So.2d 903 Timothy BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. GUNTHER and SHAHOOD, JJ., concur. PARIENTE, J., dissents with
opinio...sis to support defendant s conviction as an aider and abettor. Accordingly, I would reverse
and remand with directions that defendant be discharged.
933-CITE: 676 So.2d 975 STATE of Florida, Petitioner, v. William R. WOODRUFF, Respondent.
TEXT: GRIMES, Chief Justice. We have for review State v. Woodruff, 654 So.2d 585 (Fla. 3d DCA
1995...s any criminal offense punishable by imprisonment in a county correctional facility not in
excess of one year. See Section 775.08, Fla.Stat. (1991).
934-CITE: 530 So.2d 1089 STATE of Florida, Appellant, v. Curtis Rene JARRETT, Appellee.
TEXT: DANIEL, Judge. The state has taken this appeal from the order of the trial court which
grant...pplied the doctrine of the earlier case of Robbins v. California, 453 U.S. 420, 101 S.Ct.
2841, 69 L.Ed.2d 744 (1981), which was superseded by Ross.
935-CITE: 726 So.2d 353 Adrian Michael KERN, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, J. Adrian Michael Kern timely appeals his convictions and sentences for leaving
th... s salvage value. Bowman v. State, 698 So.2d 615 (Fla. 2d DCA 1997). AFFIRMED in part;
REVERSED and REMANDED. W. SHARP, and PETERSON, JJ., concur.
936-CITE: 490 So.2d 1362 Bobby Amos DALLAS, Appellant, v. STATE of Florida, Appellee.
TEXT: UPCHURCH, Chief Judge. Bobby Dallas appeals from a sentence imposed after a negotiated
plea....a. 1st DCA, 1986); Baxter v. State, 488 So.2d 647 (Fla. 5th DCA, 1986). REVERSED and
REMANDED for resentencing. DAUKSCH and ORFINGER, JJ., concur.
937-CITE: 700 So.2d 780 STATE of Florida, Appellant, v. Patricia Hilton SHIVER, Appellee.
TEXT: CAMPBELL, Judge. The state challenges the trial court order striking eighteen points for
pos...y conflict with Galloway v. State, 680 So.2d 616 (Fla. 4th DCA 1996), as was done in White,
689 So.2d 371. DANAHY, A.C.J., and LAZZARA, J., concur.
938-CITE: 582 So.2d 35 Gary P. CRAIG, Appellant, v. GRAY S GUARD SERVICE and CNA Insurance Co.,
Appellees.
TEXT: JOANOS, Judge. Gary P. Craig has appealed an order of the judge of compensation claims
findi... Further evidence may be taken if necessary for the resolution of this issue. Reversed and
remanded with directions. BOOTH and ALLEN, JJ., concur.
939-CITE: 583 So.2d 703 Jeff T. TREVISOL, Appellant, v. FORD MOTOR CREDIT COMPANY, Appellee. STATE FARM
MUTUAL AUTO INSURANCE CO., Appellant, v. FORD MOTOR CREDIT COMPANY, Appellee.
TEXT: HERSEY, Chief Judge. Appellee Ford Motor Credit Company entered into a long-term auto lease
...00 in property damage insurance coverage. Therefore, the statute does not apply to this case.
REVERSED AND REMANDED. DOWNEY and DELL, JJ., concur.
940-CITE: 673 So.2d 57 STATE of Florida, Appellant Cross-Appellee v. Keith A. TAGNER, Appellee
Cross-Appellant.
TEXT: PARIENTE, Judge. In a prosecution for DUI manslaughter, the state appeals a non-final order
...he state s case is so strong, without regard to that evidence, that its introduction serves no
useful purpose other than as a prejudicial influence.
941-CITE: 604 So.2d 25 Mizraim FRANCESCHI, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant seeks reversal of his conviction for aggravated assault on a law
enfor...s. Soverino v. State, 356 So.2d 269 (Fla.1978); Section 784.07(2), Fla.Stat. (1991).
Accordingly, defendant s conviction and sentence are affirmed.
942-CITE: 483 So.2d 892 Ava R. MARTINEZ and Howard Barnes, Appellants, v. GENERAL INSURANCE COMPANY,
Appellee.
TEXT: DANIEL S. PEARSON, Judge. The appellants primary argument on this appeal is that the
insurer...nsured an undeserved windfall--coverage for nothing. Accordingly, we reject the appellants
argument and affirm the judgment under review. Affirmed.
943-CITE: 489 So.2d 61 WALT DISNEY WORLD CO. and Insurance Company of North America, Appellants Cross
Appellees, v. Aloysia WOOD and Daniel S. Wood, Appellees Cross Appellants.
TEXT: LETTS, Judge. The plaintiff was injured at Disney World while driving a bumper car at an
*62...DOES THE HOLDING IN LINCENBERG V. ISSEN DICTATE AN AFFIRMANCE OF THE TRIAL COURT S DECISION
IN THIS CASE? AFFIRMED. DELL and WALDEN, JJ., concur.
944-CITE: 593 So.2d 1087 In re FORFEITURE OF the Following Described Property: 1981 OLDSMOBILE, VIN #
1G3AZ57N2BE32296.
TEXT: BARFIELD, Judge. Michael Etheridge and his wife, Maria Etheridge, timely appeal the
forfeitu...ates reversal. I cannot join the majority in ruling otherwise. ------------ (FN1) See
also 39 Fla.Jur.2d Penalties and Forfeitures Section 6 (1982).
945-CITE: 465 So.2d 1309 John Martin HIGDON, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING COBB, Chief Judge. We herewith vacate our opinion filed in this
cau...rney as to whom to charge with what crimes. AFFIRMED. FRANK D. UPCHURCH, Jr., J., concurs.
DAUKSCH, J., adopts his prior dissent set forth above.
946-CITE: 725 So.2d 393 Dennis GERLITZ, Appellant, v. STATE of Florida, Appellee.
TEXT: GROSS, J. Dennis Gerlitz appeals his conviction for driving under the influence and causing
... blood alcohol level. *396 contained numerous hearsay statements. See Section 90.802, Fla.Stat.
(1997). AFFIRMED. GUNTHER and FARMER, JJ., concur.
947-CITE: 747 So.2d 453 April CALLINS, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. April Callins has filed a petition for writ of certiorari seeking to quash a
tri...n final appeal, we dismiss the petition. See Bared & Co. v. McGuire, 670 So.2d 153, 157 (Fla.
4th DCA 1996). DELL, GROSS, and HAZOURI, JJ., concur.
948-CITE: 680 So.2d 472 David Barry LAWLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. David Barry Lawley (Lawley) challenges his judgment and sentence for aggravated
...the trial court orally pronounced at sentencing. *473 We AFFIRM in part, and REVERSE and REMAND
in part. MINER, WEBSTER and LAWRENCE, JJ., concur.
949-CITE: 692 So.2d 272 Tina THOMPSON, Appellant, v. DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES,
Appellee.
TEXT: DAUKSCH, Judge. Appellant, Tina Thompson, timely appeals an order dismissing her complaint
w...omplaint would be an act in futility. See Hewitt v. Taffee, 673 So.2d 929 (Fla. 5th DCA 1996).
AFFIRMED. PETERSON, C.J., and THOMPSON, J., concur.
950-CITE: 673 So.2d 550 Dale Ray WERHAN, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Dale Ray Werhan, Jr. appeals judgment and sentence for manslaughter by culpable
...ince wantonness, a reckless indifference to the rights of others which is equivalent to an
intentional violation of them, or an entire want of care.
951-CITE: 651 So.2d 192 Richard GELLER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Richard Geller s appellate counsel filed a brief pursuant to Anders v.
Californi...ONS 1-11 SUCH THAT ORAL PRONOUNCEMENT OF THESE CONDITIONS BY THE TRIAL COURT IS
UNNECESSARY? PATTERSON, A.C.J., and BLUE and LAZZARA, JJ., concur.
952-CITE: 702 So.2d 527 Charles LEWEK, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Charles Lewek ( Defendant ), appeals his two convictions for
vehicula... to drive. See Smith, 638 So.2d at 510. Motion for rehearing DENIED. GUNTHER and DELL,
JJ., and HENNING, PATTI ENGLANDER, Associate Judge, concur.
953-CITE: 444 So.2d 1145 JET COAT EMULTIONS and United States Fidelity & Guaranty Company, Appellants,
v. Douglas LITTELL and Division of Workers Compensation, Appellees.
TEXT: MILLS, Judge. The employer and carrier (E C) in this workers compensation appeal contest
the...bstantial evidence, and the award of TPD benefits was proper. AFFIRMED. WENTWORTH, J., and
McCORD, GUYTE P., Jr., (Ret.), Associate Judge, concur.
954-CITE: 490 So.2d 24 Ronald WOODS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Ronald Woods appeals his conviction of first-degree murder and sentence of
death...dence to determine if the interest of justice requires a new trial, whether or not
insufficiency of the evidence is an issue presented for review.
955-CITE: 585 So.2d 478 Elba Marie VALLE and Elba N. Valle, Appellants, v. Terry CHILDS, Appellee.
TEXT: PER CURIAM. Defendants Elba Marie Valle and Elba N. Valle appeal an adverse partial summary
...ist v. Boyd, 473 So.2d 22 (Fla. 3d DCA 1985). The order under review is reversed and the cause
remanded for further proceedings consistent herewith.
956-CITE: 573 So.2d 74 Richard COOPER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks review of his conviction and sentence for culpable negligence,
d... trial as to the charge of resisting arrest with violence and resentencing consistent with this
opinion. GLICKSTEIN, WARNER and POLEN, JJ., concur.
957-CITE: 700 So.2d 58 Feliz AGUILAR, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Chief Judge. We affirm Appellant s conviction, finding no abuse of discretion in the
...bstantive offense. Therefore, the judgment is affirmed, the sentence is reversed, and we remand
for resentencing. GUNTHER and FARMER, JJ., concur.
958-CITE: 632 So.2d 214 Clyde OMAR, Appellant, v. ALLSTATE INSURANCE COMPANY and United States Fidelity
and Guaranty Company, Appellees.
TEXT: W. SHARP, Judge. Omar appeals from a final summary judgment in favor of Allstate Insurance
C...ured motorist coverage is invalid without proof of a knowing rejection on his part. REVERSED
and REMANDED. HARRIS, C.J., and THOMPSON, J., concur.
959-CITE: 576 So.2d 825 Wayne BARBER, Appellant, v. STATE of Florida, Appellee.
TEXT: SMITH, Judge. Appellant appeals his first degree murder conviction for the death of his
wife...to certain pitfalls that can be avoided by careful preparation and examination of the
witnesses to assure that the testimony is properly admissible.
960-CITE: 741 So.2d 618 Ann J. SCHURER, Appellant, v. Kenneth Allen KOCH, Appellee.
TEXT: WHATLEY, Judge. Ann J. Schurer appeals the final summary judgment entered in favor of
Kennet...o the trial court for proceedings consistent with this opinion. Reversed and remanded.
FULMER, A.C.J., and SCHEB, JOHN M., (Senior) Judge, Concur.
961-CITE: 501 So.2d 18 William DOOLEY, Petitioner, v. STATE of Florida, Respondent.
TEXT: COBB, Judge. Edward Dooley, Jr., has petitioned for certiorari review of an appellate
opinio...l. Accordingly, we grant certiorari, and quash the opinion of the circuit court date March
5, 1986. QUASHED. ORFINGER and SHARP, W., JJ., concur.
962-CITE: 596 So.2d 1133 CITY OF MIAMI, Appellant, v. Nadine Maria BURLEY, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant City of Miami from a final judgment entered
u...e trial court therefore correctly rejected the City s proposed jury instruction, and the final
judgment under review is, in all respects, Affirmed.
963-CITE: 639 So.2d 660 COMMERCIAL CARRIER CORP., Petitioner, v. Cheryl ROCKHEAD, as personal
representative of the estate of Mark Adrian Rockhead, deceased, Respondent.
TEXT: SCHWARTZ, (FN*) Chief Judge. As we have previously indicated in Key West Convalescent
Center...e damage claim). ------------ (FN*) Like a pride of lions, and an exaltation of larks, this
case involves an intelligence of (unrelated) Schwartzes.
964-CITE: 511 So.2d 681 Urel LADLER, Appellant, v. FLORIDA EAST COAST RAILWAY COMPANY and Florida East
Coast Highway Dispatch Company, Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiff Urel Ladler from a final judgment entered
upo... 1241 (Fla.1987). The final judgment under review is reversed and the cause is remanded to
the trial court for a new trial. Reversed and remanded.
965-CITE: 711 So.2d 1241 STATE of Florida, Appellant, v. Robert A. THOMAS, Appellee.
TEXT: PARKER, Chief Judge. The State appeals the final order granting Robert A. Thomas s motion
to...t erred in suppressing the evidence obtained during a lawful search incident to an arrest. The
order is reversed. CAMPBELL and QUINCE, JJ., concur.
966-CITE: 592 So.2d 761 David Scott PENNER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. David Scott Penner appeals from his convictions for two counts of manslaughter
s...appellant s convictions and sentence for the two counts of manslaughter. SCHOONOVER, C.J.,
DANAHY, J., and CASE, JAMES R., Associate Judge, concur.
967-CITE: 611 So.2d 1269 Hiram Jerome MITCHELL, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Hiram Jerome Mitchell from a judgment of
conv...o.2d 798, 802 (Fla.1986), cert. denied, 480 U.S. 951, 107 S.Ct. 1617, 94 L.Ed.2d 801, (1987);
State v. Cumbie, 380 So.2d 1031 (Fla.1980). Affirmed.
968-CITE: 468 So.2d 265 Frank Clay GARDNER, Petitioner, v. STATE of Florida, Respondent.
TEXT: FRANK, Judge. Frank Clay Gardner invoked our certiorari jurisdiction to challenge an order
o...s adequately made aware of the infraction for which he or she will be tried. Petition for
Certiorari denied. SCHEB, A.C.J., and LEHAN, J., concur.
969-CITE: 512 So.2d 1158 Donald TANNER, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Chief Judge. The appellant and a compainion were driving on a public road behind a
c... and remand for resentencing within the presumptive range. Convictions affirmed; sentence
vacated and remanded. FRANK and THREADGILL, JJ., concur.
970-CITE: 479 So.2d 146 Everett Lee BOWLING, Appellant, v. STATE of Florida, Appellee.
TEXT: COWART, Judge. This case involves the question of whether restitution for injuries may be
im...d 1021 (Fla.1977) (where the record did not clearly establish that defendant s car caused the
injuries). AFFIRMED. DAUKSCH and SHARP, JJ., concur.
971-CITE: 754 So.2d 156 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Kathy PETERSON, Respondent.
TEXT: PER CURIAM. The Department of Highway Safety and Motor Vehicles (DMV) seeks certiorari
revie...spension quashed, and case remanded for further proceedings in accordance with this opinion.
CAMPBELL, A.C.J., and GREEN and STRINGER, JJ., Concur.
972-CITE: 573 So.2d 871 HILLSBOROUGH COUNTY SCHOOL BOARD, and Alexsis Risk Management Services,
Appellant, v. Virginia BROWN, Appellee.
TEXT: PER CURIAM. In this appeal of a workers compensation order, the employer carrier (e c)
chall...benefit. Accordingly, the award of rehabilitation benefits is REVERSED. MINER and ALLEN,
JJ., and CAWTHON, VICTOR (Ret.), Associate Judge, concur.
973-CITE: 681 So.2d 894 George SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: SHAHOOD, Judge. Appellant, George Smith, was arrested and convicted for driving under the
in...error did not affect the verdict. See DiGuilio; Fundora. Thus, we are compelled to reverse and
remand for a new trial. DELL and GROSS, JJ., concur.
974-CITE: 604 So.2d 922 James TRACEY and Isabella Tracey, his wife, Appellants, v. Carl LUDWIG,
Appellee.
TEXT: PER CURIAM. We reverse the dismissal with prejudice of counts I and III of plaintiffs third
...ntional infliction of emotional distress. See Elliott. Reversed in part, and affirmed in part.
LEHAN, C.J., and PARKER and PATTERSON, JJ., concur.
975-CITE: 540 So.2d 210 Lorenzo ANDREWS, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, Judge. Appellant s vehicle was stopped by a Florida Highway Patrol Trooper six
minut...laim that this was a pretext stop. Therefore, the trial court s denial of appellant s motion
to suppress is affirmed. STONE and POLEN, JJ., concur.
976-CITE: 656 So.2d 1351 Charles PASCALE, as Personal Representative of the Estate of Carmela Pascale,
Deceased, and on behalf of the survivors of the Estate of Carmela Pascale, Appellants, v. FEDERAL
EXPRESS CORPORATION, a Delaware corporation, Fleetmark, INC., a Tennessee corporation, Eugene Bode,
Saul Greenberg and Dora Greenberg, Appellees.
TEXT: BROWN, LUCY C., Associate Judge. Appellant, Charles Pascale, plaintiff below (Pascale),
appe...would have been reached. Accordingly, we reverse and remand for further proceedings
consistent with this opinion. STONE and PARIENTE, JJ., concur.
977-CITE: 457 So.2d 602 Francisco GARZA, Appellant, v. HENDRY COUNTY, Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Francisco Garza, appeals a directed verdict in favor of
appellee...rasota v. Eppard, 455 So.2d 623 (Fla. 2d DCA 1984); Banta v. Rosier, 339 So.2d 444 (Fla.
5th DCA 1981). GRIMES, A.C.J., and SCHOONOVER, J., concur.
978-CITE: 730 So.2d 359 Clozell RICHARDSON, Appellant, v. STATE of Florida, Appellee.
TEXT: CASANUEVA, Judge. Clozell Richardson appeals his sentence of 36 months incarceration
contend...he guidelines. See State v. Bankston, 659 So.2d 268 (Fla.1995). Reversed and remanded for
resentencing. FULMER, A.C.J., and NORTHCUTT, J., Concur.
979-CITE: 674 So.2d 826 STATE of Florida, Appellant, v. William Lowndes MEADOR, Jr., and Jory Walsh,
Appellees.
TEXT: PARIENTE, Judge. In connection with prosecutions for driving under the influence (DUI) of
al... proceedings consistent with this opinion. REVERSED AND REMANDED FOR PROCEEDINGS CONSISTENT
WITH THIS OPINION. GLICKSTEIN and WARNER, JJ., concur.
980-CITE: 603 So.2d 549 Mary H. SCARDINO, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and
Georgia-Pacific Corporation, Appellees.
TEXT: PER CURIAM. This appeal is from a final order of the Unemployment Appeals Commission
rejecti...d to the Commission with directions that unemployment benefits be awarded to Scardino.
REVERSED and REMANDED. ERVIN, MINER and ALLEN, JJ., concur.
981-CITE: 455 So.2d 623 CITY OF SARASOTA, Appellant, v. Brenda K. EPPARD, Appellee.
TEXT: SCHOONOVER, Judge. The City of Sarasota, Florida, has appealed from an adverse final
judgmen...plaintiff. We therefore reverse and remand with instructions to enter a final judgment for
the appellant. GRIMES, A.C.J., and CAMPBELL, J., concur.
982-CITE: 557 So.2d 130 James A. KIRKLAND, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant James A. Kirkland from a final judgment of
co...12 (Fla. 3d DCA 1979), cert. denied, 389 So.2d 1115 (Fla.1980); Faulk v. State 296 So.2d 614
(Fla. 1st DCA 1974); Fla.R.Crim.P. 3.400(c). Affirmed.
983-CITE: 657 So.2d 21 Rodney Dewayne PEARSON, Appellant, v. STATE of FLORIDA, Appellee.
TEXT: PER CURIAM. Rodney Pearson appeals his sentences for two counts of driving under the
influen...d his motion for reconsideration and or correction of sentence by filing a notice of
appeal. In re Forfeiture of $104,591, 589 So.2d 283 (Fla.1991).
984-CITE: 634 So.2d 225 Frank A. SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. This is an appeal from an order denying appellant s motion to correct illegal
...onviction is REVERSED and the case is REMANDED with directions to grant the motion and correct
appellant s sentence. MICKLE and DAVIS, JJ., concur.
985-CITE: 606 So.2d 502 Emilienne PIERRE, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Pierre appeals from her sentence of two years community control on the
grou...esheet. See Pigue; Humphrey; Lawrence v. State, 590 So.2d 1068 (Fla. 5th DCA 1991). SENTENCE
VACATED; REMANDED. PETERSON and GRIFFIN, JJ., concur.
986-CITE: 683 So.2d 568 Fred W. SCHLOTTERLEIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. PETERSON, C.J., and GOSHORN, J., concur. W. SHARP, J., dissents
with... harmless. I would reverse the convictions and remand for a new trial. ------------ (FN4)
Shorter v. State, 532 So.2d 1110, 1111 (Fla. 3d DCA 1988).
987-CITE: 701 So.2d 581 STATE of Florida, Appellant, v. Robert Bruce TROTTMAN, Appellee.
TEXT: GRIFFIN, Chief Judge. The State of Florida appeals an order granting a motion to suppress,
w...eal the physical properties of the sound of his voice by reading a transcript, does not, without
more, compel him to provide a testimonial response.
988-CITE: 664 So.2d 1062 Karen GASPERIN and Richard Gasperin, Appellants Cross Appellees, v. Shirley Ann
REEVES, Appellee Cross Appellant.
TEXT: DANAHY, Acting Chief Judge. This is an appeal and cross-appeal from a final judgment in a
pe...MER, JJ., concur. ------------ (FN1) Karen Gasperin was driving the middle car which was struck
from behind by the car driven by Shirley Ann Reeves.
989-CITE: 672 So.2d 865 Mark STEWART, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Acting Chief Judge. The appellant, Mark Stewart, challenges the judgment and
sen...ed by the appellant. See State v. Smith, 348 So.2d 637 (Fla. 2d DCA 1977). Reversed and
remanded with instructions. FRANK and PARKER, JJ., concur.
990-CITE: 592 So.2d 380 Daniel MARTINEZ, Appellant, v. Reginald RAULERSON, Barron Collier, Jr.,
individually, Isabel Collier Read, individually, and Isabel Collier Read, George W. Hill, Jr., and
Harold S. Lynton, as Trustees for Inglis U. Collier, Miles C. Collier and Barron G. Collier, II, d b
a Immokalee Ranch, Appellees.
TEXT: PER CURIAM. We reverse the trial court s order denying plaintiff s motion for a new trial
in... Molle-Teeters, 520 So.2d 645, 648 (Fla. 2d DCA 1988). Reversed and remanded for a new trial.
LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.
991-CITE: 434 So.2d 19 STATE of Florida, Appellant, v. Joan BARTH, Appellee.
TEXT: LEHAN, Judge. The state appeals the trial court s order granting defendant Joan Barth s
moti...d in granting defendant s motion to suppress. REVERSED AND REMANDED FOR PROCEEDINGS
CONSISTENT HEREWITH. HOBSON, A.C.J., and CAMPBELL, J., concur.
992-CITE: 457 So.2d 1070 Eurich Zwingli GRIFFIN, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Petitioner seeks a writ of certiorari to review the circuit court s affirmance
o...iage of justice, and therefore deny the petition. See Combs v. State, 436 So.2d 93 (Fla.1983).
BOARDMAN, A.C.J., and DANAHY and LEHAN, JJ., concur.
993-CITE: 448 So.2d 545 WAUSAU UNDERWRITERS INSURANCE COMPANY, Appellant, v. Raymond Stanley TAUBLER,
Appellee.
TEXT: SHARP, Judge. Wausau Underwriters Insurance Company has filed a timely appeal from a
summary...icy, Taubler was not entitled to recover under that policy. Therefore, we must reverse.
REVERSED. DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur.
994-CITE: 658 So.2d 626 Robert Emilio VALLADARES, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. Valladares was tried and convicted of (1) attempted felony murder of a law
enfo...ction and remand for resentencing in regard to his convictions for grand theft and escape.
REVERSED and REMANDED. HARRIS and GRIFFIN, JJ., concur.
995-CITE: 725 So.2d 441 STATE of Florida, Appellant, v. Joe Nathan BROWN, Appellee.
TEXT: W. SHARP, J. The state appeals from the trial court s order, which suppressed Brown s blood
...v. Silver, 498 So.2d 580 (Fla. 4th DCA 1986), rev. denied, 506 So.2d 1043 (Fla.1987). (FN4) See
State v. Johnson, 695 So.2d 771 (Fla. 5th DCA 1997).
996-CITE: 753 So.2d 104 James Edward REDWITZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, James Edward Redwitz, challenges the judgments and sentences
adju...ecific intent vanishes and the state must prove beyond a reasonable doubt that the defendant
had the ability to form the required specific intent.
997-CITE: 552 So.2d 301 R.M.S., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Acting Chief Judge. R.M.S., a juvenile, challenges the sentence imposed upon
him...d the appellant s nineteenth birthday. Affirmed in part, reversed in part, and remanded with
instructions. THREADGILL and ALTENBERND, JJ., concur.
998-CITE: 567 So.2d 562 Kristine and Charles HOLLIS, Appellants, v. VALUE RENT-A-CAR, INC., a Florida
corporation and Ford Motor Company, Inc., a Florida corporation, Appellees.
TEXT: PER CURIAM. Appellants, the plaintiffs below, appeal from a final summary judgment in favor
... judgment premature. We, therefore, remand the cause for further proceedings. DOWNEY and WALDEN,
JJ., and WESSEL, JOHN D., Associate Judge, concur.
999-CITE: 679 So.2d 808 The STATE of Florida, Petitioner, v. Edward RIVAS-MARMOL, Respondent.
TEXT: FLETCHER, Judge. The State seeks certiorari review of a decision of the appellate division
o...th test results, see id. at 430-31, and the circuit court panel was entirely correct in
affirming the county court order. We should deny certiorari.
1000-CITE: 547 So.2d 295 D.G., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the juvenile D.G. from an adjudication of delinquency for
g...e to the automobile was done during the subject burglary, and that, accordingly, the juvenile
D.G. was also guilty of malicious mischief. Affirmed.
1001-CITE: 510 So.2d 1063 TRINH TRUNG DO, Appellant, v. AMOCO OIL COMPANY and Florida Unemployment
Appeals Commission, Appellees.
TEXT: HERSEY, Chief Judge. This is an appeal from a ruling of the Unemployment Appeals Commission
...l competent evidence to support the holding of the Florida Unemployment Appeals Commission, and
we affirm. AFFIRMED. DELL and WALDEN, JJ., concur.
1002-CITE: 619 So.2d 1013 Carmen ALLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. Appellant challenges her conviction and sentence for driving under the
influe...e, in obvious circumstances such as these, the guilt or innocence of the defendant based on
the evidence presented, from the attorney s histrionics.
1003-CITE: 667 So.2d 305 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Antonio FAVINO,
Jr., Appellee.
TEXT: VAN NORTWICK, Judge. The Department of Highway Safety and Motor Vehicles (the Department)
se...e circuit court and remand with instructions that a redetermination be made applying the
correct standard of review. BOOTH and MICKLE, JJ., concur.
1004-CITE: 575 So.2d 290 Debra S. HARTLAND, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. The appellant was injured in an automobile accident while riding as a passenger
...rmination that the appellant s injuries were not covered under the uninsured motorist provisions
of the policy. ERVIN, ALLEN and WOLF, JJ., concur.
1005-CITE: 715 So.2d 300 Aaron Anthony JACOBS, Appellant, v. STATE of Florida, Appellee.
TEXT: GOSHORN, Judge. Appellant led law enforcement officers on a high speed chase through two
cou...se counsel may have well been ineffective. *302 (i.e. violation of the obligation not to flee
or attempt to elude), under Anderson, I would reverse.
1006-CITE: 718 So.2d 1274 Christopher DANIELS a k a Chris Patrick Daniels, Appellant, v. STATE of
Florida, Appellee.
TEXT: BLUE, Judge. Christopher Daniels appeals his conviction for felon in possession of a
firearm...on our disposition on this issue, we have not reviewed the claimed error in jury
selection. Reversed. CAMPBELL, A.C.J., and CASANUEVA, J., concur.
1007-CITE: 488 So.2d 912 Eugene McCRAY, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. The defendant appeals his sentences for possession of cocaine
an...nd for imposition of sentence according to the guidelines recommended range. Reversed and
remanded for resentencing. LEHAN and FRANK, JJ., concur.
1008-CITE: 624 So.2d 359 M.J.S., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. In this juvenile proceeding, the appellant challenges the order placing
hi...f the illegal search of the appellant s hat. Accordingly, we reverse the order of community
control. Reversed. HALL, A.C.J., and BLUE, J., concur.
1009-CITE: 648 So.2d 1246 Ronald SCRITCHFIELD, Petitioner, v. STATE of Florida, DEPARTMENT OF HIGHWAY
SAFETY & MOTOR VEHICLES, Respondent.
TEXT: PER CURIAM. A petition for writ of certiorari has been filed with this court by Ronald
Scrit...Scritchfield have no merit or have been waived, we deny the petition for writ of certiorari.
RYDER, A.C.J., and THREADGILL and FULMER, JJ., concur.
1010-CITE: 711 So.2d 606 UNIROYAL TIRE COMPANY, a foreign corporation, and General Motors Corporation, a
foreign corporation, Appellants Cross-Appellees, v. Vivian TRUJILLO, Appellee Cross-Appellant.
TEXT: PER CURIAM. Uniroyal Tire Company and General Motors Corporation (defendants), appeal from
*...etion in granting a new trial. We reverse the order granting the motion for new trial and
remand with instructions to reinstate the jury s verdict.
1011-CITE: 525 So.2d 420 STATE of Florida, Petitioner, v. John McCLAIN, Respondent.
TEXT: GRIMES, Justice. This is a petition for review of the decision in State v. McClain, 508
So.2...rict Court of Appeal s decision in the instant case. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, BARKETT and KOGAN, JJ., concur.
1012-CITE: 525 So.2d 445 Daniel RUIZ and Lucille Higgins, Appellants, v. TARACOMO TOWNHOMES CONDOMINIUM
ASSOCIATION, INC. and George Zamry, Appellees.
TEXT: PER CURIAM. We affirm the final summary judgments under review because the record
conclusive... v. Spinelli, 342 So.2d 829 (Fla. 2d DCA 1977), cert. denied, 354 So.2d 986 (Fla.1978);
Byrd v. Leach, 226 So.2d 866 (Fla. 4th DCA 1969). Affirmed.
1013-CITE: 632 So.2d 675 STATE of Florida, Appellant, v. C.S., a child, Appellee.
TEXT: PARKER, Judge. The State of Florida appeals the trial court s order granting a motion to
sup...this case to the trial court for further proceedings consistent with this opinion. Reversed
and remanded. HALL, A.C.J., and PATTERSON, J., concur.
1014-CITE: 534 So.2d 1224 Robert D. OLIVER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Robert D. Oliver, challenges the sentence imposed upon him after
...red. See Shull v. Dugger, 515 So.2d 748 (Fla.1987). Reversed and remanded with instructions.
SCHEB, A.C.J., and RYDER and SCHOONOVER, JJ., concur.
1015-CITE: 592 So.2d 1123 Kenneth WRIGHT, Appellant, v. The STATE of Florida, Appellee.
TEXT: NESBITT, Judge. Defendant seeks reversal of his conviction for four counts each of driving
u...the jury selection methods the trial courts employed. Thus, this dissent is not in conflict with
Carter v. State, 550 So.2d 1130 (Fla. 3d DCA 1989).
1016-CITE: 449 So.2d 375 Jose RODRIGUEZ, Appellant, v. COMMERCIAL UNION INSURANCE COMPANY, Mencia
Insurance Agency, Inc., and Department of Highway Safety and Motor Vehicles, Appellees.
TEXT: FERGUSON, Judge. Plaintiff sued his insurance agent, the insurance company, and the
Departme...irect, demonstrable, objective relationship between the violation for which the
surcharge was imposed and the increased risk of highway accidents.
1017-CITE: 716 So.2d 279 NISSAN MOTORS CORPORATION, a k a Nissan Motor Company, Ltd., a Japanese
corporation, and Nissan Motor Corporation In U.S.A., a California corporation, Petitioner, v.
Michael ESPINOSA and Premier Cars Of Martin County, Inc., a Florida corporation, Respondents.
TEXT: WARNER, Judge. The petition for writ of certiorari is granted. Petitioner challenges an
orde...re not substantially similar. For this reason, we grant the petition and quash the order of
the trial court. STONE, C.J., and SHAHOOD, JJ., concur.
1018-CITE: 609 So.2d 768 James Michael KAISER, Petitioner, v. STATE of Florida, Respondent.
TEXT: PARKER, Judge. James Kaiser seeks certiorari review of the opinion issued by the circuit
cou...not depart from the essential requirements of law. We therefore deny the petition for writ of
certiorari. SCHOONOVER, A.C.J., and HALL, J., concur.
1019-CITE: 474 So.2d 1193 Thomas Wayne HOUSER, Petitioner, v. STATE of Florida, Respondent.
TEXT: EHRLICH, Justice. The district court certified in opinion in this case to be in direct
confl...osed for manslaughter. Sections 782.07 and 782.071, Fla.Stat. (1977). 371 So.2d at 162, n.
1. *1198 vehicular homicide for effecting a single death.
1020-CITE: 561 So.2d 305 The STATE of Florida, Petitioner, v. Donald Matthew FREUND, Respondent.
TEXT: PER CURIAM. Donald Matthew Freund was arrested and charged with reckless driving (FN1) and
p...utcome of this case, he is without standing to question whether the statute would pass
constitutional muster in application. Reversed and remanded.
1021-CITE: 739 So.2d 1200 David Michael CUNNINGHAM, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, J. David Michael Cunningham appeals his conviction for felony DUI. Section
316.193...t made this issue has not been preserved for appeal. See Bertolotti v. Dugger, 514 So.2d
1095 (Fla.1987). AFFIRMED. COBB and GRIFFIN, JJ., concur.
1022-CITE: 519 So.2d 12 Tammy J. SNIDER, Appellant, v. CONTINENTAL INSURANCE CO., Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a final summary judgment entered in an action
seeking... defense of the original negligence suit but not those incurred on the indemnity
counterclaim and the subsequent appeal from the indemnity judgment.
1023-CITE: 706 So.2d 415 STATE of Florida, Appellant, v. Jody L. SCHARICH, Appellee.
TEXT: PETERSON, Judge. The State appeals an order dismissing the charge of Driving Under the
Influ... the state received proof of three out-of-state prior DUI convictions, and accordingly,
increased the misdemeanor DUI charge to a felony DUI charge.
1024-CITE: 585 So.2d 1162 Robert LEWIS, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, Judge. Appellant appeals his conviction and sentence for grand theft of an
automobil...to participate in the taking to withstand the appellant s motion to dismiss. See G.C. at
1382. Affirmed. GLICKSTEIN, C.J., and HERSEY, J., concur.
1025-CITE: 728 So.2d 779 Eric Donnell GREEN, Appellant, v. STATE of Florida, Appellee.
TEXT: OWEN, WILLIAM C., Jr., Senior Judge. As a result of a criminal episode involving several
law...r appellate review. See Hyden v. State, 715 So.2d 960 (Fla. 4th DCA 1998). AFFIRMED IN PART;
REVERSED IN PART. STONE, C.J., and KLEIN, J., concur.
1026-CITE: 734 So.2d 577 James A. ABRAVAYA, Appellant, v. Yanira B. GONZALEZ, Appellee.
TEXT: GERSTEN, J. James A. Abravaya appeals an order granting a domestic violence injunction in
fa...A National Survey of Stalking Laws: A Legislative Trend Comes to the Aid of Domestic Violence
Victims and Others, 27 Suffolk U.L.Rev. 67, 83 (1993).
1027-CITE: 707 So.2d 397 Joao Manuel BAPTISTA, etc., Appellant, v. ENTERPRISE LEASING CO., etc., et al.,
Appellees.
TEXT: PER CURIAM. Joao Manuel Baptista appeals a summary judgment entered in favor of Enterprise
L...hold that valet parking services are included within the limited automobile services exception
to the dangerous instrumentality doetrine. Affirmed.
1028-CITE: 521 So.2d 330 Marcie CHU, Appellant, v. STATE of Florida, Appellee.
TEXT: DELL, Judge. The state charged appellant with driving under the influence of alcohol in
viol...alcoholic content thereof or the presence of chemical substances as set forth in Section
877.111 or controlled substances therein. (emphasis added).
1029-CITE: 543 So.2d 457 STATE of Florida, Appellant, v. Edward Dwayne USSERY, Appellee.
TEXT: COBB, Judge. The issue on this appeal concerns the trial court s downward departure from
the...et forth by the trial court is reversed and remanded for the entry of a proper sentence.
REVERSED AND REMANDED. DAUKSCH and ORFINGER, JJ., concur.
1030-CITE: 496 So.2d 953 A.G. CARRIERS, INC. and Claims Center, Appellants, v. Bernie R. CARROLL,
Appellee.
TEXT: MILLS, Judge. A. G. Carriers, Inc. and the Claims Center (E C) appeal from an order of the
d...ese conditions on this particular mattress was indigenous to his work environment. House, supra.
Affirmed. BOOTH, C.J., and WENTWORTH, J., concur.
1031-CITE: 620 So.2d 1049 ENTENMANN S BAKERY and The Hartford Insurance Company, Appellants, v. Daniel
SMITH, Appellee.
TEXT: PER CURIAM. The Employer Carrier ( E C ) appeal from an order of the Judge of Compensation
C...the medication. The award of wage-loss benefits is REVERSED. The order is AFFIRMED in all other
respects. SMITH, BARFIELD and MICKLE, JJ., concur.
1032-CITE: 450 So.2d 540 BURROUGHS CORPORATION and Employers Insurance of Wausau, Appellants, v. AMERICAN
DRUGGISTS INSURANCE COMPANY, Iowa National Mutual Insurance Company, Hartford Accident & Indemnity
Company, State Farm Mutual Automobile Insurance Company, Auto-Owners Insurance Company and Marjorie
L. Jackson, Appellees. BURROUGHS CORPORATION, Employers Insurance of Wausau and Marjorie L. Jackson,
Appellants, v. AMERICAN DRUGGISTS INSURANCE COMPANY, Iowa National Mutual Insurance Company,
Hartford Accident & Indemnity Company, State Farm Mutual Automobile Insurance Company and
Auto-Owners Insurance Company, Appellees. BURROUGHS CORPORATION and Employers Insurance of Wausau,
Appellants, v. AMERICAN DRUGGISTS INSURANCE COMPANY, Iowa National Mutual Insurance Company,
Hartford Accident & Indemnity Company, State Farm Mutual Automobile Insurance Company, Auto-Owners
Insurance Company and Marjorie L. Jackson, Appellees.
TEXT: RYDER, Judge. The principal arguments presented in this appeal revolve around the issue of
w...ubstitute for trial, we reverse the orders below and remand for further proceedings. REVERSED
and REMANDED. HOBSON, A.C.J., and SCHEB, J., concur.
1033-CITE: 743 So.2d 130 Ronald HOFFMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, J. Appellant was found to have violated his community control because he was DUI and
... 4th DCA 1998). Based on McClain, we conclude that there was sufficient evidence to support
revocation and affirm. TAYLOR and HAZOURI, JJ., concur.
1034-CITE: 568 So.2d 1318 Bobby WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant Bobby White faced criminal charges in five separate cases. Two cases
i... not at liberty to ignore it. Affirmed in part, reversed in part, and remanded with
instructions. SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.
1035-CITE: 440 So.2d 689 David HALL, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. In this appeal, we are asked to determine whether the statutory presumption
of... that violation of a nontraffic penal statute is negligence (formerly referred to as negligence
per se). (FN2) 32 Fla.Jur., Trial, Sections 142-144.
1036-CITE: 531 So.2d 338 STATE of Florida, Petitioner, v. Anthony BARRITT, Respondent.
TEXT: BARKETT, Justice. We review Barritt v. State, 517 So.2d 65 (Fla. 1st DCA 1987), in which
the...ion to section 775.021(4)(b) ruling out the possibility of such separate convictions and
sentences. For the above reasons, I concur in result only.
1037-CITE: 595 So.2d 1029 STATE of Florida, Appellant, v. Lillas Ivory LAGREE, Appellee.
TEXT: SMITH, Judge. The state has appealed an order suppressing evidence in appellee s
prosecution...driving without lights on caused any danger. Accordingly, the trial court s order
suppressing evidence is AFFIRMED. ZEHMER and ALLEN, JJ., concur.
1038-CITE: 548 So.2d 1112 Eddie Eugene ALVIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Eddie Eugene Alvin appeals the death sentence imposed upon him after his
convict...irm the remaining convictions and sentences. It is so ordered. EHRLICH, C.J., and
OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
1039-CITE: 743 So.2d 621 Efrain MEDINA, individually and as Personal Representative of the Estate of
Milian Medina, deceased, and on behalf of Juan Medina, a surviving minor child, Appellant, v. YODER
AUTO SALES, INC., a Florida corporation, Yoder Auto Sales, Paul R. Yoder, individually, Merrill
Yoder, individually, and Meliton Almazan, Appellees.
TEXT: NORTHCUTT, Judge. Efrain Medina challenges the summary judgment rendered in favor of the
def... remand, we instruct the circuit court to permit Medina to redepose both Yoders. Reversed and
remanded. ALTENBERND, A.C.J., and DAVIS, J., Concur.
1040-CITE: 460 So.2d 434 ORLANDO WASTE PAPER COMPANY and Johns Eastern Company, Appellants, v. Bobby
MEADOWS (Deceased), Cathy Meadows (Wife), and Bobby Meadows, III (Son), Appellees.
TEXT: THOMPSON, Judge. The employer carrier (E C) appeal an order awarding death benefits to
appel... part of the majority opinion. However, I dissent from the remainder of the opinion, and
would affirm the order appealed from below in its entirety.
1041-CITE: 630 So.2d 1139 Samuel A. VOORHEES, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Petition for writ of certiorari denied. RYDER, A.C.J., and DANAHY, J., concur.
...(1), Fla.Stat. (1991). Mr. Voorhees sentences are well within those restrictions. Accordingly, I
agree that he is not entitled to certiorari relief.
1042-CITE: 739 So.2d 1168 Michael Dana PALINSKI, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. In his appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct.
13...control based on the violation of condition eight alone, we reverse and remand for further
proceedings. THREADGILL, A.C.J., and FULMER, J., Concur.
1043-CITE: 512 So.2d 1136 Frederick Leon MURRAY, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. This is an appeal from a sentencing guidelines departure following
convictions..., invalid reasons given by the trial court. See Albritton v. State, 476 So.2d 158
(Fla.1985). Affirmed. RYDER, A.C.J., and SCHOONOVER, J., concur.
1044-CITE: 522 So.2d 992 Duane EARP, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant appeals convictions under trial court members 85-197-CF-A-33 and
8...ee Yarberry v. State, 510 So.2d 1117 (Fla. 1st DCA 1987); Lawson v. State, 497 So.2d 288 (Fla.
1st DCA 1986) Reversed and remanded with directions.
1045-CITE: 495 So.2d 803 HEALTH CARE MEDICAL FACILITY, XXVI, PARTNERSHIP d b a Heritage Hall Health Care,
XXVI, Appellant, v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, and
Diversicare Corporation, Inc., d b a Desoto Manor Nursing Home, Appellee.
TEXT: PEARSON, TILLMAN (Ret.), Associate Judge. Health Care Medical Facility XXVI (Heritage Hall)
...milies of nursing home patients to have access to the facilities. The order of HRS reversing its
position on such matters should itself be reversed.
1046-CITE: 718 So.2d 238 Mark Anthony GRANT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Following a jury trial, Grant was convicted of burglary of a dwelling, grand
the...ne reported to be driving without its headlights two to five minutes earlier. Therefore, I
would hold that the motion to suppress should be granted.
1047-CITE: 654 So.2d 1273 Darrell BARRON and Elizabeth Barron, Appellants, v. Louverne H. BARRON,
Appellee.
TEXT: PER CURIAM. Appellants petitioned the court below to declare an easement for electric power
...thern edge of appellee s property, as proposed. Accordingly we AFFIRM in part, REVERSE in part,
and REMAND. ERVIN, MINER, and BENTON, JJ., concur.
1048-CITE: 656 So.2d 190 Rodney ROBINSON, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Rodney Robinson from a judgment of
conviction...1, 1032-33 (Fla.1985); Irving v. State, 627 So.2d 92, 93-94 (Fla. 3d DCA 1993);
Trinidad v. State, 615 So.2d 806, 808 (Fla. 3d DCA 1993). Affirmed.
1049-CITE: 647 So.2d 142 Wade KIRKLAND, Appellant, v. STATE of Florida, Appellee.
TEXT: ALLEN, Judge. The appellant challenges his convictions for resisting an officer with
violenc...due to a faulty charging document, the trial court ruled that appellant s actions prior to
his arrival at the jail were not the basis of the charges
1050-CITE: 645 So.2d 1081 Alvin L. LEWIS, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant argues that the court erred in denying his motion to suppress.
We...e to reach them in view of our reversal on the first issue. We reverse and remand for
appropriate proceedings. FRANK, C.J., and FULMER, J., concur.
1051-CITE: 500 So.2d 597 The STATE of Florida, Appellant, v. Charles HOCH, Appellee.
TEXT: JORGENSON, Judge. The appellee, Charles Hoch, was arrested for driving While under the
influ...se courts was limited to whether an arrestee for DUI may have 15 to 30 minutes to try to
find an attorney. In any event, we reject their conclusion.
1052-CITE: 573 So.2d 109 Archie HAMILTON, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Petitioner was tried without jury in the county court, and adjudicated guilty
of...ATTER IS REMANDED TO THE CIRCUIT COURT FOR FURTHER PROCEEDINGS IN THE APPEAL. DOWNEY and
POLEN, JJ., concur. WALDEN, J., dissents without opinion.
1053-CITE: 483 So.2d 31 STATE of Florida, Petitioner, v. Andrew Lawrence YOUNG, James Allen Taylor,
Willie Ray Burton, Joseph Charles Craft, Michael Franchini and Sandra Shipley Parnell, Respondents.
TEXT: ORFINGER, Judge. The State petitions this court for a writ of certiorari to review a
circuit...e is not before us. To avoid this result, an amendment to the warning might be deemed
advisable, so that it includes only what the statute requires.
1054-CITE: 583 So.2d 1108 UNIGARD SECURITY INSURANCE COMPANY, Appellant, v. Efren Diaz SALINERO and Jaime
Edelstein, M.D., P.A., Appellees.
TEXT: PER CURIAM. Appellant, Unigard Security Insurance Company, (Unigard) appeals a final
judgmen...ial existed for World Omni, World Omni can subrogate its claim for indemnity to Unigard.
Accordingly, we reverse and remand. Reversed and remanded.
1055-CITE: 560 So.2d 1154 STATE of Florida, Appellant, v. Carlton ROLLE, Appellee.
TEXT: EHRLICH, Chief Justice. We have for review Rolle v. State, 528 So.2d 1208 (Fla. 4th DCA
1988...f the presumption in experience to general facts. McFarland v. American Sugar Refining Co.,
241 U.S. 79, 86, 36 S.Ct. 498, 501, 60 L.Ed. 899 (1916).
1056-CITE: 703 So.2d 1174 STATE of Florida, Appellant, v. Albert Michael GLOSTER, Appellee.
TEXT: WEBSTER, Judge. The state seeks review of an order dismissing an information charging a
viol...her proceedings consistent with this opinion. REVERSED and REMANDED, with directions.
LAWRENCE, J., and SCHEMER, JACK M., Associate Judge, concur.
1057-CITE: 537 So.2d 603 Daniel FIESELMAN, Petitioner, v. The STATE of Florida, Respondent.
TEXT: DANIEL S. PEARSON, Judge. Daniel Fieselman was charged in the county court with being in
act... law the defendant was not in actual physical control of the vehicle and thus precludes the
entry of a dismissal of the charges. CERTIORARI DENIED.
1058-CITE: 484 So.2d 92 L.L., etc., et al., Appellants, v. Angela B. ZIPPERER and Orange County, Florida,
Appellees.
TEXT: ORFINGER, Judge. We find no abuse of the trial court s discretion in awarding of attorney s
... owner of the offending automobile because the official police accident report listed her as the
owner. AFFIRMED. DAUKSCH and COWART, JJ., concur.
1059-CITE: 450 So.2d 866 Stanley E. FOWLER, Appellant, v. CITY OF HOLLYWOOD and Unemployment Appeals
Commission, Appellees.
TEXT: PER CURIAM. AFFIRMED. LETTS, J., concurs. HERSEY, J., concurs specially with opinion.
BER... of one. Simple economics dictates the solution. We should not penalize the employer and
reward the recalcitrant employee under these circumstances.
1060-CITE: 506 So.2d 63 Sharon WEBSTER, Appellant, v. AETNA LIFE INSURANCE COMPANY, Appellee.
TEXT: ANSTEAD, Judge. This is an appeal from a final summary judgment denying appellant benefits
u... this factual situation. Accordingly, we affirm the judgment of the trial court. GLICKSTEIN,
J., and FEDER, RICHARD YALE, Associate Judge, concur.
1061-CITE: 622 So.2d 9 The STATE of Florida, Petitioner, v. Santos M. GARCIA, Omar Morgan, Francisco
Gonzalez, Adelain Aragon, and Magdaline Roberts, Respondents.
TEXT: PER CURIAM. This petition is brought to review circuit court orders dismissing appeals from
...ourt, and in none of the cases was a written order signed by the trial court. Certiorari is
granted. The orders dismissing the appeals are quashed.
1062-CITE: 514 So.2d 418 Robert Earl RIDGEWAY, Robert Lee Gent, Petitioners, v. STATE of Florida,
Respondent.
TEXT: WENTWORTH, Judge. Petitioners Ridgeway and Gent seek certiorari review of the final order
of.... MILLS and NIMMONS, JJ., concur. ------------ (FN1) The petitions were filed separately and
were consolidated for appeal by this court sua sponte.
1063-CITE: 735 So.2d 582 John TOOLE, Appellant, v. Richard J. DUPUIS, Appellee.
TEXT: OWEN, WILLIAM C., Jr., Senior Judge. John Toole sued Richard J. Dupuis for damages,
alleging...ional or negligent conduct. Obviously, that burden was not met on this motion for summary
judgment. REVERSED. STEVENSON and HAZOURI, JJ.,, concur.
1064-CITE: 549 So.2d 1051 George W. STEPHENS, Appellant, v. GENCORP, INC., and Triple R Paving, Inc.,
Appellees.
TEXT: WARNER, Judge. This is an appeal of a final judgment in favor of appellees, Triple R Paving
...error committed and where the verdict in its favor is supported by substantial, competent
evidence. Affirmed. HERSEY, C.J., and STONE, J., concur.
1065-CITE: 530 So.2d 346 Vaughn Bernard COSTON, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. On June 27, 1986, two undercover officers were driving through
an... s convictions and to recalculate the sentence for the remaining count without the improper
count being scored. DANAHY and THREADGILL, JJ., concur.
1066-CITE: 658 So.2d 1044 Samuel T. LEVINE, Appellant, v. BREVARD COUNTY SHERIFF S DEPARTMENT and
Gallagher Bassett Services, Appellees.
TEXT: JOANOS, Judge. Claimant appeals a workers compensation order denying compensability of his
c...ility of the claim for workers compensation benefits is reversed, and this cause is remanded for
further proceedings. ERVIN and MINER, JJ., concur.
1067-CITE: 666 So.2d 217 T.W.C., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. T.W.C. appeals his delinquency disposition following the denial of a
disp...rsed and remanded. THREADGILL, C.J., and PATTERSON, J., concur. ------------ (FN1) Terry v.
Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).
1068-CITE: 484 So.2d 89 Annie M. WILLIAMS, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Volusia
Transit Management, Inc., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a denial of unemployment compensation benefits.
Appe...proceedings as are deemed appropriate and not inconsistent. Order quashed; remanded.
UPCHURCH, J., concurs. COWART, J., dissents without opinion.
1069-CITE: 449 So.2d 365 Wanda BEASLEY, Guardian of Michael Pat Wilson, a minor, John Kenneth Wilson
(deceased), Appellant, v. MITEL OF DELAWARE and Home Insurance Company, Appellees.
TEXT: WENTWORTH, Judge. Appellant seeks review of a workers compensation order by which a claim
fo...e to the contrary, that the injury was occasioned primarily by the intoxication of the
employee.... (FN4) See Section 440.29(1), Florida Statutes.
1070-CITE: 635 So.2d 74 STATE of Florida, DEPARTMENT OF TRANSPORTATION Appellant, v. SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY, INC., a Florida Corporation, Appellee.
TEXT: ON MOTION FOR REHEARING AND OR CLARIFICATION ERVIN, Judge. The Department of
Transportation...e, inappropriate. REVERSED and REMANDED. JOANOS and WOLF, JJ., concur.
------------ (FN3) See contract provision quoted in Part 1 of this opinion.
1071-CITE: 700 So.2d 732 Arlene VALENTE, Appellant, v. RESORT ENTERPRISES, INC., and James Edward Bishop,
Appellees.
TEXT: PATTERSON, Judge. Arlene Valente appeals from a final judgment awarding her $596.66 in
damag...f any negligence on Valente s part. We therefore reverse and remand for a new trial on all
issues. SCHOONOVER, A.C.J., and THREADGILL, J., concur.
1072-CITE: 614 So.2d 637 Michael SCHMITT, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. Defendant was convicted of simple possession of cocaine in violation of
secti...ly after police noticed a small ball of tinfoil containing three rocks along the floor near
the driver s seat), rev. denied, 613 So.2d 4 (Fla.1992).
1073-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.
1074-CITE: 566 So.2d 70 In re FORFEITURE OF 1977 KENWORTH TRACTOR, VIN #251322J. STATE of Florida,
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Randall Harry GATLIN and Barbara
Gatlin, Appellees.
TEXT: FRANK, Acting Chief Judge. The Department of Highway Safety and Motor Vehicles sought a
fina...to Barbara Gatlin, and remand for the trial court to enter a final order of forfeiture in
favor of the Department. HALL and PATTERSON, JJ., concur.
1075-CITE: 679 So.2d 805 Darryl HENDERSON, Appellant, v. The STATE of Florida, Appellee.
TEXT: FLETCHER, Judge. Defendant Darryl Henderson appeals his conviction for two counts of
robbery...ourts are not final until the time for rehearing and the disposition thereof, if any, has
run. Caldwell v. State, 232 So.2d 427 (Fla. 1st DCA 1970).
1076-CITE: 662 So.2d 371 DEPARTMENT OF HIGHWAY SAFETY, etc., Petitioner, v. Michael DEAN, Respondent.
TEXT: GRIFFIN, Judge. The state seeks certiorari review of a decision of the lower court sitting
i...o bolster his evidence, the licensee can call the officer to corroborate his or her testimony on
that issue. Section 322.2615(11), Fla.Stat. (1993).
1077-CITE: 544 So.2d 1158 Marie A. JOHNSON, et al., Appellants, v. DELUXE TIRE SERVICE, INC., et al.,
Appellees.
TEXT: ORFINGER, Judge. Marie Johnson and her husband Roy, plaintiffs below, appeal from a final
su...nown to her at the time of the accident, and the statute of limitations commenced to run at
that time. AFFIRMED. DAUKSCH and GOSHORN, JJ., concur.
1078-CITE: 530 So.2d 426 FLORIDA MINING & MATERIALS CORPORATION, Appellant, v. FLORIDA UNEMPLOYMENT
APPEALS COMMISSION, and Arthur J. Marcus, Appellees.
TEXT: NIMMONS, Judge. Florida Mining & Materials Corporation (Florida Mining) appeals from a
final...the case is REMANDED to the appeals referee for reconsideration of the testimony and
evidence already received. THOMPSON and BARFIELD, JJ., concur.
1079-CITE: 515 So.2d 349 Walter JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. This is an appeal from the trial court s denial of appellant s motion to
wit... the position in which they stood prior to the plea agreement. Macker v. State, 500 So.2d 256
(Fla. 3d DCA 1986). THOMPSON and ZEHMER, JJ., concur.
1080-CITE: 477 So.2d 1068 Elizabeth C. CAMPBELL, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. The state charged defendant Elizabeth Campbell with possession
of...ette case containing the cocaine, marijuana, and syringe. We remand for proceedings consistent
with this opinion. SCHOONOVER and HALL, JJ., concur.
1081-CITE: 454 So.2d 3 Yrma M. SIGNO, M.D., and Manuel Signo, M.D., her husband, Appellants, v. FLORIDA
FARM BUREAU CASUALTY INSURANCE COMPANY, etc., et al., Appellees.
TEXT: DOWNEY, Judge. Appellants, Yrma M. Signo and Manuel Signo, seek review of a summary final
ju...itigated in the third amended complaint. Accordingly, we affirm the summary judgment for the
appellees. AFFIRMED. BERANEK and HERSEY, JJ., concur.
1082-CITE: 726 So.2d 330 Nicholas Frank COPERTINO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant appeals his conviction for five counts of manslaughter by culpable
neg...29, 1135 (Fla.1986) (in case of constitutional error, state has burden of showing beyond
reasonable doubt that error did not contribute to verdict).
1083-CITE: 435 So.2d 839 Walter FITZER, as the Personal Representative of the Estate of Diane Fitzer,
deceased, Appellant, v. J. Russell FORLAW, M.D., Appellee.
TEXT: LETTS, Chief Judge. The trial court granted a motion to dismiss the complaint because it
fai...IABLE TO A THIRD PARTY FOR THE NEGLIGENCE OF THE PATIENT IN DRIVING A CAR WHILE UNDER THE
INFLUENCE OF THE DRUG? DOWNEY and BERANEK, JJ., concur.
1084-CITE: 739 So.2d 121 Stephen JOWETT, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, J. Stephen Jowett appeals an upward departure sentence imposed by the trial court
...e ambiguity and entering his intended sentence. Young v. State, 695 So.2d 506 (Fla. 5th DCA
1997); Tory v. State, 686 So.2d 689 (Fla. 4th DCA 1996).
1085-CITE: 728 So.2d 1204 William JOHNSON, Petitioner, v. The STATE of Florida, Respondent.
TEXT: FLETCHER, Judge. William Johnson, a defendant in a driving under the influence case, seeks
c...fessional manner, as we are obliged to do under the Florida Supreme Court s Pender decision. See
Pender, 700 So.2d at 668 (Anstead, J., concurring).
1086-CITE: 453 So.2d 920 FORTUNE INSURANCE COMPANY, Appellant, v. Gunter P. OEHME, Appellee.
TEXT: SHARP, Judge. Fortune Insurance Company appeals from a final judgment, rendered after a
non-...v. American States Ins. Co., 376 So.2d 473 (Fla. 1st DCA 1979). (FN4) Tapscott v. State Farm
Mut. Auto. Ins. Co., 330 So.2d 475 (Fla. 1st DCA 1976).
1087-CITE: 751 So.2d 94 Gary LANOUE, Appellant, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT, Appellee.
TEXT: KAHN, J. In this case, Gary Lanoue appeals an order entered by an administrative law judge
(...). Accordingly, we affirm this portion of the order on appeal. AFFIRMED in part and REVERSED in
part and REMANDED. JOANOS and BENTON, JJ., CONCUR.
1088-CITE: 543 So.2d 464 John P. HYNDS and Katherine Hynds, Appellants, v. Deborah D. THOMAS and Matthew
Thomas, Appellees.
TEXT: DANAHY, Judge. This is an appeal from a final summary judgment entered in favor of the
appel...la.1977). The movant here made no such conclusive showing. We, therefore, reverse and remand
for further proceedings. HALL and PARKER, JJ., concur.
1089-CITE: 581 So.2d 1370 STATE of Florida, Appellant, v. Julian Scaffe McINNIS, et al., Appellees.
TEXT: W. SHARP, Judge. The state appeals from a final order of the county court in and for the
Sev...tion 316.193 is unavailing because the statute does not create two categories of persons
similarly situated who are nonetheless treated differently.
1090-CITE: 668 So.2d 200 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Tracy PENLAND,
Appellee.
TEXT: POLEN, Judge. The appellee Tracy Penland sued the Culhanes and her own underinsured
motorist...d reverse the order granting a new trial. I concur that the version of section
316.614(10) prior to the 1990 amendment is controlling in this case.
1091-CITE: 507 So.2d 711 STATE of Florida, Appellant, v. Edwin LASLEY and Robert Buchanan, Appellees.
TEXT: ON MOTION TO DISMISS PER CURIAM. Appellees have moved to dismiss this appeal as untimely
fi...tate v. White, 470 So.2d 1377 (Fla.1985); Section 924.07(6) Fla.Stat. (1985). Motion denied.
SCHEB, A.C.J., and SCHOONOVER and FRANK, JJ., concur.
1092-CITE: 562 So.2d 714 Julius HALL, Appellant, v. STATE of Florida, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal of appellant s convictions for possession
of... 1988); Bennett v. State, 481 So.2d 971 (Fla. 5th DCA 1986). Appellant s convictions and
sentences are affirmed. ERVIN and WENTWORTH, JJ., concur.
1093-CITE: 696 So.2d 787 George Nelson MEGEE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Affirmed. PATTERSON, A.C.J., and LAZZARA, J., concur. ALTENBERND, J., concurs
...s trial attorney concerning his right to defend his property with a firearm, it is possible that
he may be entitled to obtain postconviction relief.
1094-CITE: 504 So.2d 810 Stephen SELF, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Stephen Self petitions this court for a writ of certiorari to review an
appellat...s unauthorized under section 316.193(4)(b). The petition for writ of certiorari is
denied. CAMPBELL, A.C.J., and SCHOONOVER and HALL, JJ., concur.
1095-CITE: 500 So.2d 732 Kent A. VAN BUREN, Petitioner, v. STATE of Florida, Respondent.
TEXT: CAMPBELL, Judge Kent Van Buren petitions this court for a writ of certiorari to review an
ap...cuit court and remand this case to the county court with directions to reinstate the original
sentence. GRIMES, A.C.J., and SCHOONOVER, J., concur.
1096-CITE: 488 So.2d 595 Gary SCOBEE, Appellant, v. STATE of Florida, Appellee.
TEXT: BOOTH, Chief Judge. This cause is before us on appeal from a judgment entered on the
verdict... Reason, it is noted: Also, the State Attorney s office has filed habitual offender in
this case, enhancing the sentence to be imposed by the Court.
1097-CITE: 621 So.2d 503 John ARNOLD, Petitioner, v. STATE of Florida, Respondent.
TEXT: COBB, Judge. The issue here is whether we should treat Arnold s appeal as a timely petition
... the trial court, and remand for consideration of the motion. QUASHED AND REMANDED. W. SHARP,
J., concurs. DAUKSCH, J., dissents without opinion.
1098-CITE: 625 So.2d 1232 U.S. SECURITY INSURANCE COMPANY, Appellant, v. Miles LEVITES, individually and
as natural guardian of Jennifer Levites, a minor, Hazel Levites, individually and as natural
guardian of Jennifer Levites, a minor, Jeffrey Kessler, as natural guardian and parent of Zachary
Kessler, Katherine Reich, as natural guardian and parent of Jerome Hughes, Derone Haller, and
Richard Haller, Appellees.
TEXT: PER CURIAM. We reverse the summary final judgment on the authority of Abrams v. General
Insu...ing and clarification filed by the appellees, Miles and Hazel Levites. ANSTEAD and
GLICKSTEIN, JJ., and BIRKEN, ARTHUR M., Associate Judge, concur.
1099-CITE: 480 So.2d 665 Lucille N. WINGATE and Isaac N. Wingate, Appellants, v. UNITED SERVICES
AUTOMOBILE ASSOCIATION and Linda J. Russell, Personal Representative of Estate of Roy Ethelbert
Kelly, deceased, Appellees.
TEXT: COBB, Chief Judge. Appellant, Lucille Wingate, was a passenger in a vehicle driven by
appell...is court, and therefore it is not before us. See Lynch v. Tennyson, 443 So.2d 1017 (Fla.
5th DCA 1983). AFFIRMED. UPCHRUCH and SHARP, JJ., concur.
1100-CITE: 565 So.2d 886 STATE of Florida, Appellant, v. Curtis D. MILLER, Appellee.
TEXT: CAMPBELL, Judge. The State of Florida appeals the trial court s order of suppression of
evid...z, 526 So.2d 192 (Fla. 3d DCA 1988). Reversed and remanded for further proceedings
consistent herewith. SCHEB, A.C.J., and ALTENBERND, J., concur.
1101-CITE: 697 So.2d 1244 L.S., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: COPE, Judge. L.S. appeals his adjudication of delinquency of multiple charges. The
dispositi...t., we are obliged to conclude that a well-founded suspicion was not shown, and the
motion to suppress evidence should have been granted. Reversed.
1102-CITE: 696 So.2d 1220 Carlos Lazaro ANDREU, Appellant, v. STATE of Florida, Appellee.
TEXT: NORTHCUTT, Judge. Carlos Andreu challenges his conviction for attempted second degree
murder...ndreu s conviction, and remand to the trial court with directions to discharge him.
Reversed and remanded. FRANK, A.C.J., and WHATLEY, J., concur.
1103-CITE: 636 So.2d 174 Gwendolyn Marie BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: LAZZARA, Judge. Gwendolyn Brown (Brown) appeals the judgment and sentence of the trial
court...nd remand with directions that her motion to suppress be granted. Reversed and remanded
with directions. CAMPBELL, A.C.J., and PARKER, J., concur.
1104-CITE: 717 So.2d 1073 Ruth AUSTIN, Appellant, v. Thomas A. MYLANDER, etc., Appellee.
TEXT: THOMPSON, Judge. Ruth Austin appeals a final summary judgment in favor of Thomas A.
Mylander... been no showing that the sheriff owed a duty to Austin in particular, we affirm the
summary judgment. AFFIRMED. PETERSON and ANTOON, JJ., concur.
1105-CITE: 608 So.2d 139 FORTUNE INSURANCE COMPANY, Appellant, v. Renal EXILUS, Appellee.
TEXT: PER CURIAM. Fortune Insurance Company ( Fortune ) appeals from a final summary judgment
find...d affirm. ------------ (FN2) See State Farm Mutual Automobile Ins. Co. v. Barth, 579 So.2d
154, 156-57 (Fla. 5th DCA 1991) (Cowart, J., dissenting).
1106-CITE: 479 So.2d 260 Frank ARMENIA, Appellant, v. STATE of Florida, Appellee.
TEXT: UPCHURCH, Judge. Frank Armenia appeals from a judgment and sentence for manslaughter by
driv...d re-certify the question posed in Higdon and further ask the court to either clarify or
recede from Baker or change the standard jury instructions.
1107-CITE: 728 So.2d 1199 Willie KINSEY, Appellant, v. STATE of Florida, Appellee.
TEXT: WHATLEY, Judge. Willie Kinsey appeals his judgments and sentences of two counts of armed
rob... need not be present. See Sinks v. State, 661 So.2d 303 (Fla.1995). Remanded for correction
of sentences. PATTERSON, A.C.J., and BLUE, J., Concur.
1108-CITE: 504 So.2d 534 Isais GARCIA TORRES, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of his conviction for possession of marijuana, in
v...uana in the camera bag (R. 47-48). *537 (Torres denied that any of the drug was in his case),
the error cannot be treated as harmless. See Garrette.
1109-CITE: 707 So.2d 394 Vera May BROWN, Appellant, v. NATIONAL CAR RENTAL SYSTEM, INC., Appellee.
TEXT: NESBITT, Judge. A Florida resident accident victim, arguing a car rental company s
vicarious...and licensed in Florida took place in Florida, and the rental agreement stipulated that
vehicle was to be returned to rental car company in Florida.
1110-CITE: 580 So.2d 335 Abel TOLEDO, Appellant, v. The STATE of Florida, Appellee.
TEXT: LEVY, Judge. Abel Toledo, the defendant, was found guilty of violating Section 316.193,
Flor...olation. Accordingly, we affirm the final order of conviction and sentence from the county
court and answer the certified question in the negative.
1111-CITE: 515 So.2d 1017 Mark Daniel WINKLER