Harassment
Results 1-268
1-CITE: 746 So.2d 1159 CITY OF MIAMI BEACH, Appellant, v. Alina GUERRA, Appellee.
TEXT: NESBITT, J. Alina Guerra was a communications division employee of the Miami Beach Police
De...4. Therefore, since the only count contained in Ms. Guerra s complaint is for a cause of action
that does not exist, the final judgment is reversed.
2-CITE: 670 So.2d 1202 Donna S. FOWLER, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: FARMER, Judge. We reverse the final order of the UAC denying benefits upon the referee s
fin...er employment without prejudice to her right to unemployment benefits. REVERSED FOR NEW
EVIDENTIARY HEARING. GUNTHER C.J., and WARNER, J., concur.
3-CITE: 595 So.2d 1013 Louise ROUSE, Appellant, v. Earl D. ROUSE, Appellee.
TEXT: CAMPBELL, Judge. In this dissolution action, appellant wife has raised numerous points on
ap...o the facts here. We, therefore, reverse the order finding Wife in contempt and vacate her
sentence. SCHOONOVER, C.J., and ALTENBERND, J., concur.
4-CITE: 470 So.2d 9 K.D. EDWARDS, Appellant, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,
Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order by which the Career Service Commission
... (FN2) Rule 15-3.01(6), FAC, establishes standards of disciplinary actions, including dismissal
from employment, for instances of sexual harassment.
5-CITE: 549 So.2d 1195 Roberta Sue THOMAS, Appellant, v. Nancy H. PRIDGEN, Appellee.
TEXT: THOMPSON, Judge. Thomas, the plaintiff below, appeals a final order dismissing her second
am...with prejudice is reversed and this cause is remanded for further proceedings consistent with
this opinion. REVERSED. SMITH and MINER, JJ., concur.
6-CITE: 444 So.2d 565 Wayne E. CUMMINGS, Appellant, v. Steve DAWSON, Deborah Gianoulis, John Hogan,
and WTLV--Channel 12, Appellees.
TEXT: WIGGINTON, Judge. Appellant appeals the trial court s order of dismissal with prejudice of
h...the alternative grounds stated above support dismissal with prejudice, the order of dismissal is
affirmed. LARRY G. SMITH and NIMMONS, JJ., concur.
7-CITE: 748 So.2d 337 TIG INSURANCE COMPANY, Appellant, v. SWEET FACTORY, INC., Appellee.
TEXT: COBB, J. TIG Insurance Company ( TIG ) appeals an order granting summary judgment to
appelle... the part of TIG to defend or indemnify. REVERSED AND REMANDED FOR ENTRY OF JUDGMENT FOR
TIG INSURANCE COMPANY. DAUKSCH and THOMPSON, JJ., concur.
8-CITE: 578 So.2d 487 Tamara M. PALLAS, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et al.,
Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from an order of appellee denying unemployment
compensatio...nition. The order is reversed and this cause remanded for a proper award of benefits.
REVERSED and REMANDED. W. SHARP, and PETERSON, JJ., concur.
9-CITE: 522 So.2d 39 BUCKEYE CELLULOSE CORPORATION, Appellant, v. Robert T. WILLIAMS and the Florida
Unemployment Appeals Commission, Appellees.
TEXT: SHIVERS, Judge. Buckeye Cellulose Corporation (Buckeye) appeals an order of the
Unemployment...ination that he voluntarily left his employment for good cause is erroneous, and the
award of unemployment compensation benefits should be reversed.
10-CITE: 712 So.2d 1259 Eugene McKINNON v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. Appellant, Eugene McKinnon, challenges his conviction for aggravated
stalking,...porting the charge of aggravated stalking was sufficient to go to the jury. AFFIRMED.
LAWRENCE J., and SHIVERS, DOUGLASS B., Senior Judge, concur.
11-CITE: 703 So.2d 1117 Kathy D. HARRISON, Appellant, v. PALM HARBOR MRI, INC., Appellee.
TEXT: CAMPBELL, Judge. In this action on a covenant not to compete, appellant employee challenges
...rassment claim as an affirmative defense and the issue of severability if applicable. Reversed
and remanded. PARKER, C.J., and QUINCE, J., concur.
12-CITE: 632 So.2d 609 PROFESSIONAL TELEPHONE ANSWERING SERVICE, INC., Appellant, v. Valerie GROCE and
Mark Groce, her husband, Appellees.
TEXT: PER CURIAM. In this case we are called upon to determine whether, as a matter of law, an
emp...o reinstate PROTAS s affirmative defense of workers compensation immunity. PARKER, A.C.J.,
BLUE, J., and LUTEN, CLAIRE K., Associate Judge, concur.
13-CITE: 684 So.2d 884 Denise J. CALIO, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et al.,
Appellees.
TEXT: GRIFFIN, Judge. This is an appeal of a final order issued by Florida s Unemployment Appeals
...esult for both sides is to conduct a de novo hearing before a new hearing officer. REVERSED and
REMANDED. PETERSON, C.J., and ANTOON, J., concurs.
14-CITE: 443 So.2d 1025 Jerome W. PECKINS, Lynne Peckins, and Charold & Co., Ltd., Appellants, v.
Harold KAYE, Virginia Kaye, Charles C. Hoffberger and Bernice Hoffberger, Appellees.
TEXT: SCHOONOVER, Judge. This is an appeal from a summary judgment entered in an abuse of process
...rial court properly determined that the appellees were entitled to a judgment as a matter of law.
AFFIRMED. GRIMES, A.C.J., and LEHAN, J., concur.
15-CITE: 709 So.2d 150 Carol MONIZ, Appellant, v. REITANO ENTERPRISES, INC., a Florida corporation and
Daniel Parish, Appellees.
TEXT: WARNER, Judge, The trial court granted a summary judgment as to appellee Reitano
Enterprises...nd for further proceedings on counts I and II of the complaint, We affirm the order
granting now trial as to Parish. FARMER and KLEIN, JJ., concur.
16-CITE: 715 So.2d 339 Thomas BUTLER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant challenges his conviction and sentence for aggravated stalking.
Becaus...judgment and sentence and remand for discharge of appellant in so far as the instant
conviction is concerned. DELL, GUNTHER and KLEIN, JJ., concur.
17-CITE: 680 So.2d 473 Raymond A. BACHMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant entered pleas to felony aggravated assault and misdemeanor harassment
... 922.051, Fla.Stat. (1995). The sentences are therefore vacated and this case is remanded for
resentencing. ALLEN, WEBSTER and MICKLE, JJ., concur.
18-CITE: 587 So.2d 506 Susan BLACKBURN, Appellant, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. AFFIRMED. BARFIELD, J., concurs. SCHWARTZ, ALAN R., Associate Judge,
dissents,...[the complaint] is sex-based. Tomkins v. Public Service Electric & Gas Co., 422 F.Supp.
553, 557 (D.N.J.1976), rev d., 568 F.2d 1044 (3rd Cir.1977).
19-CITE: 634 So.2d 761 Ann BURKHALTER, Appellant, v. Michael BURKHALTER, Appellee.
TEXT: ORDER ON APPELLANT S MOTION TO STRIKE AND APPELLEE S MOTION TO SUPPLEMENT THE RECORD OR
REMA... ruling is limited to the unique facts of this case and should not be construed as receding
from Hadden v. State, 616 So.2d 153 (Fla. 1st DCA 1993).
20-CITE: 461 So.2d 1027 CITIBANK, N.A., National Bank of Detroit, People s Trust Company, Broad Street
National Bank of Trenton and Equibank, Petitioners, v. Wallace R. PLAPINGER, Respondent.
TEXT: PER CURIAM. We grant the petition for writ of certiorari and, as requested, quash that
porti...e. The trial court s view that these documents were not discoverable because privileged
finds absolutely no support in the law. Certiorari granted.
21-CITE: 624 So.2d 382 Alex CORNELLO, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, and Capital
Holding Agency Group, Inc., Appellees.
TEXT: PER CURIAM. We reverse the Commission s order affirming the appeals referee s decision that
...hibits contained in appellant s briefs, it seems clear that appellant was both misled and
misinformed. ANSTEAD, HERSEY and GLICKSTEIN, JJ., concur.
22-CITE: 687 So.2d 963 Larry CORMAN, Appellant, v. UNEMPLOYMENT APPEALS COMMISSIONS, Appellee.
TEXT: THOMPSON, Judge. Larry Corman appeals an order of the Unemployment Appeals Commission ( UAC
...denied, 642 So.2d 1362 (Fla.1994), cert. denied, 513 U.S. 1082, 115 S.Ct. 733, 130 L.Ed.2d 636
(1995). AFFIRMED. DAUKSCH and GRIFFIN, JJ., concur.
23-CITE: 736 So.2d 87 Jimmy KILGORE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant appeals the judgment of conviction and sentence imposed following the
...e convictions. As such, we reverse the trial court s order revoking appellant s probation.
REVERSED. STONE, C.J., GUNTHER and FARMER, JJ., concur.
24-CITE: 671 So.2d 194 LIBERTY CORRECTIONAL INSTITUTE and Division of Risk Management, Appellants, v.
Connie YON, Appellee.
TEXT: SHIVERS, Senior Judge. Liberty Correctional Institute and the Division of Risk Management
ap... injury and that her claim is compensable. Accordingly, the order under review is reversed and
the cause is remanded. ALLEN and DAVIS, JJ., concur.
25-CITE: 528 So.2d 1344 STATE of Florida, Appellant, v. Leroy Andre BUTLER, Appellee.
TEXT: THREADGILL, Judge. This is an appeal by the state from an order finding that double
jeopardy... the mistrial. We reverse the order of dismissal and remand for further proceedings.
Reversed and remanded. CAMPBELL, C.J., and SCHEB, J., concur.
26-CITE: 563 So.2d 1089 John RUSSIN, Appellant Cross Appellee, v. RICHARD F. GREMINGER, P.A. and
Richard F. Greminger, individually, Appellees Cross Appellants.
TEXT: PER CURIAM. Appellant seeks review of a final judgment awarding appellee punitive damages
in...its final judgment to award the escrow funds to the appellee. AFFIRMED. GLICKSTEIN and DELL,
JJ., and SALMON, MICHAEL H., Associate Judge, concur.
27-CITE: 434 So.2d 1030 John R. LEIKENSOHN, M.D. and Howard A. Seider, Jr., M.D., Petitioners, v.
Angelina CORNWELL and Christopher C. Cornwell, her husband, Respondents.
TEXT: HOBSON, Acting Chief Judge. John Leikensohn and Howard Seider, Jr., defendants below,
petiti...umbered 80 and 85, and remand for further proceedings not inconsistent with this opinion.
REVERSED and REMANDED. BOARDMAN and DANAHY, JJ., concur.
28-CITE: 624 So.2d 389 Chris EDENFIELD, Appellant, v. B & I CONTRACTORS, INC., Appellee.
TEXT: BLUE, Judge. Chris Edenfield appeals from a final summary judgment against him and in favor
...tion. We affirm in part, reverse in part and remand for further proceedings consistent with this
opinion. CAMPBELL, A.C.J., and PARKER, J., concur.
29-CITE: 667 So.2d 450 Jack L. BECKWITH, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, BOARD OF HEARING AID SPECIALISTS, Appellee.
TEXT: ALLEN, Judge. The appellant challenges a final order of the Board of Hearing Aid
Specialists...anced by the statutory limitation on commercial speech, the appealed order is set
aside and this case is remanded. BARFIELD and DAVIS, JJ., concur.
30-CITE: 624 So.2d 851 Fredy GARCIA-GALLO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The State charged the defendant with the machine-gun slaying of Jairo Montoya,
c...occurs in cases where a jurisdictional error appears or where the interests of justice present a
compelling demand for its application ). Affirmed.
31-CITE: 604 So.2d 911 Barbara REINS, Appellant, v. Don J. JOHNSON, Albinas Smulkstys, Burt Travers and
Barbara M. Travers, Appellees.
TEXT: PER CURIAM. Barbara Reins appeals an order of the circuit court which adjudicates her
guilty...of which the defendant has been found and adjudicated guilty. Fla.R.Crim.P. 3.840(a)(6).
Reversed. LEHAN, C.J., and RYDER and DANAHY, JJ., concur.
32-CITE: 472 So.2d 800 Sandra L. DAVIS, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and Winn
Dixie Stores, Inc., Appellees.
TEXT: PER CURIAM. The claimant Sandra L. Davis appeals a final order of the Florida Unemployment
A...employment compensation benefits to the claimant Sandra L. Davis. Reversed and remanded.
HUBBART and FERGUSON, JJ., concur. HENDRY, J., dissents.
33-CITE: 502 So.2d 1364 ORANGE COUNTY, etc., Petitioners, v. Patricia FULLER, etc., Respondents.
TEXT: ON PETITIONER FOR WRIT OF CERTIORARI COWART, Judge. Petitioners seek certiorari review of
a...ition, issue the writ, and quash the order scheduling a post-trial interview of jurors. WRIT
ISSUED; ORDER QUASHED. DAUKSCH and COBB, JJ., concur.
34-CITE: 708 So.2d 312 Michael SCHEER, M.D., Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, an
Illinois corporation authorized to do business in Florida, June Vernon and Delroy Vernon, Jasmine
Ashley, and Marjorie Young, Appellees.
TEXT: KLEIN, Judge. Three female co-employees of Dr. Scheer sued him and their joint employer in
f...ourt erred in finding that the business pursuits exclusion left Dr. Scheer without a defense or
coverage. Reversed. WARNER and FARMER, JJ., concur.
35-CITE: 510 So.2d 354 Edward Vernon WARNOCK, Appellant, v. SEABOARD SYSTEM RAILROAD, INC., a
corporation, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Edward Vernon Warnock, appeals a partial summary judgment
entere...(FN*), A.C.J., and THREADGILL, J., concur. ------------ (FN*) Judge SCHEB participated in
the decision but did not participate in the oral argument.
36-CITE: 560 So.2d 300 The RAMADA INN SURFSIDE and Adjustco, Inc., Appellants, v. Deborah Lynn SWANSON,
Appellee.
TEXT: JOANOS, Judge. The employer and carrier in this workers compensation case appeal an order
of...or qualitatively different injuries. For the foregoing reasons, we affirm the appealed order
in all respects. WENTWORTH and THOMPSON, JJ., concur.
37-CITE: 654 So.2d 944 STATE FARM FIRE & CASUALTY CO., a foreign insurer, Appellant, v. COMPUPAY, INC.,
a Florida corporation, Appellee.
TEXT: BASKIN, Judge. State Farm Fire & Casualty Company [State Farm] appeals a final summary
judgm...e willful and wanton sex-based discrimination and constituted foreseeable injury to
Plaintiff which Defendant Compupay did not act to prevent. . . .
38-CITE: 724 So.2d 636 Annamaria EULO, Appellant, v. FLORIDA UNEMPLOYMENT APPEAL COMMISSION and Entel
Wolstein Weiss Partnership, Florida Community Cancer & IMA, Appellees.
TEXT: PER CURIAM. The appellant, Annamaria Eulo, contends the Unemployment Appeals Commission
(UAC...ward her benefits, is therefore clearly erroneous. Reversed. THREADGILL, A.C.J., and
CASANUEVA, J., and QUINCE, PEGGY A., Associate Judge, Concur.
39-CITE: 503 So.2d 1375 Joanne S. PHILBIN, Appellant, v. SOUTHERN BELL TELEPHONE & TELEGRAPH and
Florida Unemployment Appeals Commission, Appellees.
TEXT: PER CURIAM. We are asked to review an order of the Florida Unemployment Appeals Commission
a...Unfortunately, we shall never know what the acquaintance s testimony would have been, much less
the effect of same upon the findings of the referee.
40-CITE: 617 So.2d 428 Karen L. ROSS and Robert A. Ross, her husband, Appellants, v. TWENTY-FOUR
COLLECTION, INC., et al., Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiffs Karen Ross and her husband Robert Ross from
...obviously barred because neither of the underlying contract or tort *429 claims are viable on
this record for the reasons already stated. Affirmed.
41-CITE: 753 So.2d 632 Kenneth M. CLAYTON and Neal McCulloh, etc., Appellants, v. Kevin E. BRYAN and
Renee M. Bryan, Appellees.
TEXT: PETERSON, J. Kenneth M. Clayton and Neal McCulloh and their law firm, Clayton & McCulloh
(co... and, based on that, the offer made in this case was not made in bad faith. There is no
indication in this record that defendant believed otherwise.
42-CITE: 481 So.2d 45 CITY OF ALACHUA and U.S.F. & G. Co., Appellants, v. John Edward PARRISH,
Appellee.
TEXT: ZEHMER, Judge. The City of Alachua and its insurance carrier appeal the deputy commissioner
...nsideration of this question. Rule 4.080(b), Fla. W.C.R.P. AFFIRMED in part, REVERSED in part,
and REMANDED. BOOTH, C.J., and NIMMONS, J., concur.
43-CITE: 701 So.2d 646 Carl P. GREENE, Jr., Appellant, v. SEMINOLE ELECTRIC COOPERATIVE, INC., etc.,
Appellee.
TEXT: THOMPSON, Judge. Carl P. Greene appeals the dismissal of his complaint against Seminole
Elec...ion for discrimination, hostile work environment, and retaliation. See Fla.R.Civ.P. 1.110(f).
REVERSED and REMANDED. COBB and ANTOON, JJ., concur.
44-CITE: 652 So.2d 978 S.L.R., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Chief Judge. The police, who had the motel room of Antwon Green under surveillance
f...f fact, the court was entitled to do. Under the officers account of events, a reasonable person
would not have considered his movement restricted.
45-CITE: 733 So.2d 570 Michael KELLY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Michael Kelly appeal s from an order of restitution that was imposed as a
condit... decline to address the remaining issue raised. Reversed and remanded for further
proceedings. PARKER, C.J., and FULMER and SALCINES, JJ., Concur.
46-CITE: 593 So.2d 599 Sherman L. LUBIN, Appellant, v. David B. SCHUMER, Appellee.
TEXT: PER CURIAM. Sherman Lubin appeals an order adjudging him in contempt of court for failing
to...he entry of an order of commitment. Hilson v. Hilson, 145 So.2d 557 (Fla. 3d DCA 1962); see
Thompson v. Thompson, 576 So.2d 436 (Fla. 4th DCA 1991).
47-CITE: 498 So.2d 1028 Kenneth Lee BATTLES, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. Battles appeals from a conviction for two counts of aggravated battery,
conten...octrine of transferred intent to form that necessary element for the crime charged against
Tonya Smith. Affirmed. SHIVERS and JOANOS, JJ., concur.
48-CITE: 633 So.2d 36 Fran T. BROWN, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Jacobs and
Goodman, P.A., Appellees.
TEXT: EN BANC COBB, Judge. The appellant, Fran Brown, appeals the affirmation by the
Unemployment...k environment was abusive. The court s opinion suggests that if the work environment
were abusive, Smalls would be entitled to collect unemployment.
49-CITE: 682 So.2d 637 James T. KIMBALL and Discovery Experimental & Development, Inc., Appellants, v.
FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Deborah Orr and Gregg Jones, Appellees.
TEXT: CAMPBELL, Acting Chief Judge. Appellants, James T. Kimball (Kimball) and Discovery
Experimen...tly or palpably false, they should be reinstated. Reversed and remanded for further
proceedings consistent herewith. BLUE and FULMER, JJ., concur.
50-CITE: 467 So.2d 1114 C. Wesley KENT, III, Appellant, v. Hershel HARRISON, Appellee.
TEXT: FRANK, Judge. The appellant, C. Wesley Kent, III, sued the appellee, Hershel Harrison,
alleg... in Metropolitan by the standard of atrocious and utterly intolerable in a civilized
community. Id. Affirmed. SCHEB, A.C.J., and HALL, J., concur.
51-CITE: 522 So.2d 525 Michael A. SPAZIANO, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Chief Judge. The appellant, Michael Spaziano, is before this court for a second
time...rt with instructions to grant his rule 3.850 motion for a new trial. Reversed and remanded.
LEHAN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
52-CITE: 666 So.2d 188 Douglas V. ZELMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Douglas V. Zelman, appeals the trial court order holding him in
...hich we find has no merit. Appellant s conviction for indirect criminal contempt is reversed and
remanded. RYDER, C.J., and PATTERSON, J., concur.
53-CITE: 716 So.2d 289 MACTOWN, INC., Appellant, v. CONTINENTAL INSURANCE CO., Appellee. MONTICELLO
INSURANCE CO., Appellant, v. MACTOWN, INC., Appellee.
TEXT: JOHNSON, CLARENCE T., Jr., Senior Judge. Plaintiff Jocelyn Desrouleaux ( Desrouleaux ),
sued...acts of the complaint arose out of the course and scope of the plaintiff s employment, it was
clear that the exclusion at issue barred coverage. Id.
54-CITE: 501 So.2d 609 Gary Lee SNIDER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. DELL, J., concurs. LETTS, J., concurs specially with opinion.
GLICK...George III s forces would say that is not a great price to pay. So would residents of the
numerous totalitarian and authoritarian states of our day.
55-CITE: 678 So.2d 1336 STATE of Florida, Appellant, v. John Francis JONES, Appellee.
TEXT: COBB, Judge. The state appeals from an order granting a motion to dismiss a charge of
aggrav...s do not preclude the prosecution in Circuit Court Case No. 95-978, the order of dismissal
is reversed. REVERSED. GOSHORN and HARRIS, JJ., concur.
56-CITE: 613 So.2d 580 Kent ROBBINS, Appellant, v. CITY OF MIAMI BEACH, a Florida municipal
corporation, Appellee.
TEXT: PER CURIAM. Robbins commenced this action in 1986 for false arrest, false imprisonment, and
... common law right to resist the arrest without the use of violence), cert. denied, 378 So.2d 349
(Fla.1979). Reversed and remanded for a new trial.
57-CITE: 640 So.2d 142 Patti MANLY, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, Judge. Appellant, Patti Manly, appeals her judgment and sentence for resisting
ar...rror. Accordingly, appellant s conviction is reversed, the sentence vacated, and the case
remanded for a new trial. GUNTHER and KLEIN, JJ., concur.
58-CITE: 745 So.2d 343 Damian RIVERA, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, J. We affirm Rivera s conviction and sentence on three counts of sexual battery on a
...ted to the amended information and demonstrated prejudice. *346 As to all other issues raised,
we also affirm. STEVENSON and SHAHOOD, JJ., concur.
59-CITE: 485 So.2d 1386 Alan GOLDBERG, as Personal Representative of the Estate of Leo Goodwin, Jr.,
Petitioner, v. The Honorable William Clayton JOHNSON, Circuit Judge of the Seventeenth Judicial
Circuit, In and For Broward County, Florida, Respondent.
TEXT: DOWNEY, Judge. This is a timely petition for expedited review of an order excluding the
pres...structions to grant the motion to open the sealed documents in question. REVERSED AND
REMANDED with directions. LETTS and GLICKSTEIN, JJ., concur.
60-CITE: 650 So.2d 10 Sara GILBREATH, Petitioner, v. STATE of Florida, Respondent.
TEXT: WELLS, Justice. We have for review a decision of the district court that expressly declares
...atute before us, however, is much broader than this, and I question our authority to rewrite and
limit the statute in this way. KOGAN, J., concurs.
61-CITE: 559 So.2d 622 A.A., (FN*) Appellant, v. E.P., Appellee.
TEXT: PER CURIAM. A.A. appeals the dismissal of his complaint with prejudice. We affirm as
clarifi...t clarify that it is without prejudice to address the issues to the court having
jurisdiction over child custody and support. Affirmed as modified.
62-CITE: 552 So.2d 1099 Penny BYRD, et al., Petitioners, v. RICHARDSON-GREENSHIELDS SECURITIES, INC.,
etc., et al., Respondents.
TEXT: CORRECTED OPINION BARKETT, Justice. We have, for review Byrd v. Richardson-Greenshields
Sec...er to conclude that plaintiffs are not precluded by the Workers Compensation Law from pursuing
a common law cause of action against their employers.
63-CITE: 693 So.2d 678 Kenneth SEYBEL, Appellant, v. STATE of Florida, Appellee.
TEXT: SHAHOOD, Judge. Appellant appeals from judgment of conviction and sentence under the
aggrava...der the aggravated stalking statute rather than a misdemeanor under the harassing
telephone call statute. AFFIRMED. STONE and WARNER, JJ., concur.
64-CITE: 541 So.2d 1160 LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 478, Petitioner, v.
Myrtice BURROUGHS, Respondent.
TEXT: GRIMES, Justice. Pursuant to article V, section 3(b)(3), of the Florida Constitution, we
acc...icial power, which must be exercised within the court system of this state--not by multiple
boards created by Florida s municipalities and counties.
65-CITE: 681 So.2d 862 Douglas P. BURDETTE, Appellant, v. Sandra C. BURDETTE, Appellee.
TEXT: ANTOON, Judge. The custodial parent appeals the order reducing the noncustodial parent s
chi...emand for the trial court to impute income in accordance with section 61.30(2)(b). REVERSED
and REMANDED. PETERSON, C.J., and DAUKSCH, J., concur.
66-CITE: 664 So.2d 1043 Richard L. LUCAS, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and General
Telephone Company of Florida, Appellees.
TEXT: FRANK, Judge. Richard Lucas has appealed from an order of the Unemployment Appeals
Commissio...mmission s order with instructions that the claimant s unemployment compensation
benefits be reinstated. RYDER, A.C.J., and PATTERSON, JJ., concur.
67-CITE: 501 So.2d 737 Pedro SARRIA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant was a former employee at Logun s Lobster House in Key West,
Florid...285 (Fla.1986). The conviction is affirmed; the sentence is vacated and the cause is
remanded for further proceedings consistent with this opinion.
68-CITE: 439 So.2d 982 John J. O BRIEN, Appellant, v. BRICKELL TOWNHOUSE, INC., Howard P. Gross, Jerry
A. Gross and Alan Telisman, Appellees.
TEXT: PER CURIAM. This appeal comes to the court following the entry of final summary judgment on
...CA 1974). Affirmed. ------------ (FN1) Appellant s amended complaint dropped the class
allegations entirely and proceeded in his name individually.
69-CITE: 644 So.2d 101 Stephen Lewis RUTH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Stephen Ruth appeals his convictions of multiple counts of extortion and
solicit...case number 89-4339 and remand for resentencing within the guidelines. Reversed and
remanded. DANAHY, A.C.J., THREADGILL and LAZZARA, JJ., concur.
70-CITE: 582 So.2d 95 John SCARBROUGH, Appellant, v. Jimmy W. MEEKS, Sr., and Tonia Scarbrough Meeks,
his wife, Appellee.
TEXT: PER CURIAM. Appellant, John Scarbrough, seeks review of an order entering a permanent
injunc... choose to file, together with compliance with rule 1.440. AFFIRMED in part, REVERSED in
part, and REMANDED. ERVIN, ZEHMER and MINER, JJ., concur.
71-CITE: 699 So.2d 1031 Howard ENGELSEN, Appellant, v. Cheryl LANDERS, Appellee.
TEXT: GROSS, Judge. We affirm the award of temporary attorney s fees and costs to the mother in
th...rd of temporary fees and costs was within the parameters of Rosen v. Rosen, 696 So.2d 697
(Fla.1997). AFFIRMED. GLICKSTEIN and POLEN, JJ., concur.
72-CITE: 714 So.2d 1149 Henry GOOSEN, Appellant, v. Mary WALKER and Martin Walker, Appellees.
TEXT: KLEIN, Judge. Appellant and appellees are neighbors who do not get along with each other.
Th...fting a remedy to accomplish the reduction of neighborhood hostilities by the least restrictive
means. ) Affirmed. SHAHOOD and GROSS, JJ., concur.
73-CITE: 522 So.2d 852 LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 478, Petitioner, v. Myrtice
BURROUGHS, Respondent.
TEXT: HENDRY, Judge. The petitioner, Local 478 of the Laborer s International Union of North
Ameri...usive judicial function. I would deny the motion for rehearing, grant the petitioner s
application for certiorari, and quash the order under review.
74-CITE: 721 So.2d 401 Kathy E. EMERY and Alvin L. Combs, Appellants, v. Barbara CLIFFORD, et al.,
Appellees.
TEXT: PER CURIAM. A petition for administration of the estate of Orville Emery was filed in June
o...sider extending that time provision. ------------ (FN1) The order under review gives Emery five
days to get new counsel or have her cause dismissed.
75-CITE: 483 So.2d 858 Garfield James WOODSON, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Judge. Woodson appeals from his conviction and adjudication of resisting an officer
w...lso comprised in counsel s abbreviated proffer. See McD. v. State, 422 So.2d 336 (Fla. 3rd DCA
1982). AFFIRMED. DAUKSCH and UPCHURCH, JJ., concur.
76-CITE: 689 So.2d 409 William R. OMASTA, Jr., Appellant, v. William Bill BEDINGFIELD, et al.,
Appellees.
TEXT: HARRIS, Judge. William R. Omasta, a self-proclaimed jailhouse lawyer, brings his own action
...ISMISSAL AFFIRMED; REMANDED with instructions to permit amendment to the complaints. DAUKSCH,
J., concurs. GRIFFIN, J., dissents, without opinion.
77-CITE: 552 So.2d 302 DEPARTMENT OF CORRECTIONS, State of Florida, Appellant, v. Linda RATLIFF,
Appellee.
TEXT: ALTENBERND, Judge. The Department of Corrections appeals a nonfinal order granting
rehearing...9.130. Since the nonfinal rehearing order is not otherwise appealable, this appeal is
premature. Dismissed. RYDER, A.C.J., and PARKER, J., concur.
78-CITE: 438 So.2d 1053 Muriel PLEVY, Appellant, v. Donald J. PLEVY, Appellee.
TEXT: GLICKSTEIN, Judge. This is an appeal from an order, which denied the former wife s motion
fo...stant situation; and even if they did, this procedure is not the one appealed. Accordingly, we
grant the petition. DOWNEY and HERSEY, JJ., concur.
79-CITE: 463 So.2d 465 SEARS, ROEBUCK & COMPANY, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION
and Garry C. Ganey, Sr., Appellees.
TEXT: DANAHY, Judge. Appellee Ganey was discharged by appellant (Sears) and applied for
unemployme...ying Ganey from unemployment compensation benefits in this case. REVERSED AND
REMANDED. RYDER, C.J., and FOGLE, HARRY W., Associate Judge, concur.
80-CITE: 528 So.2d 967 Karen SHIELDS, Appellant, v. Gene FLINN, Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. This is an appeal from an order denying a motion for
po...ered. 49 C.J.S. Judgments Section 306 (1977). Accordingly, we reverse the order under review
and remand to the trial court for further proceedings.
81-CITE: 739 So.2d 630 KFC NATIONAL MANAGEMENT COMPANY, etc., Appellant, v. Terena BEAUREGARD,
Appellee.
TEXT: PETERSON, J. KFC National Management Company (KFC), appeals the denial of its motion to
comp...h an adhesion provision to be valid, it must be clear. This one is not. I would affirm the
lower court s denial of the motion to compel arbitration.
82-CITE: 750 So.2d 746 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Appellant, v. Elizabeth A.
DOYLE, Appellee.
TEXT: PER CURIAM. This is the second appeal of disciplinary action taken against Elizabeth Doyle,
...d above would add nothing of value to the law of this state and would serve only to punctuate the
West Reporter system with vulgarity and obscenity.
83-CITE: 501 So.2d 158 James Farrell JOHNSON, Appellant, v. The STATE of Florida, Appellee.
TEXT: DANIEL S. PEARSON, Judge. The quality of mercy . . . becomes The throned monarch better
th...r was now aware that the defendant had served more than 364 days, no motion to expedite the
appeal was forthcoming. Our decision has been expedited.
84-CITE: 439 So.2d 894 Ambrose GARNER, Appellant, v. STATE of Florida COMMISSION ON ETHICS, Appellee.
TEXT: LEHAN, Judge. Complaints were filed with the Florida Commission on Ethics (the Commission
)...ies. We have also considered appellant s other contentions and find them to be without merit.
AFFIRMED. DANAHY, A.C.J., and CAMPBELL, J., concur.
85-CITE: 531 So.2d 1372 Fuller CREWS, Sr., Appellant, v. Laurie ELLIS, Sheriff of Nassau County,
Appellee.
TEXT: SHIVERS, Judge. This case involves appellant s timely appeal of the trial court s order
dism...to the trial court for an order allowing appellant the opportunity to amend his petition.
REVERSED and REMANDED. THOMPSON and ZEHMER, JJ., concur.
86-CITE: 629 So.2d 969 Dennis SALLOMI, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The issue is entrapment, a rapidly evolving and confusing concept in Florida
la..., his demand for cash up front for an eight ball, and the finding of cocaine in the trunk of
his car. AFFIRMED. W. SHARP and GOSHORN, JJ., concur.
87-CITE: 464 So.2d 1202 Robert Michael RUSSELL, Appellant, v. STATE of Florida, DEPARTMENT OF
CORRECTIONS, and Division of Risk Management, Appellee.
TEXT: MILLS, Judge. Russell appeals from a deputy commissioner s workers compensation order
denyin... his employment, nor did it arise out of his employment; and the claim must, therefore,
be denied. AFFIRMED. SHIVERS and WIGGINTON, JJ., concur.
88-CITE: 445 So.2d 382 Homer J. CREAMER and Billy J. Adams, Appellants, v. R. Ellis AULTMAN, Appellee.
TEXT: WIGGINTON, Judge. This appeal is from an amended final judgment foreclosing a mortgage. The
...st DCA 1976), regarding the issue of whether the mortgagee s right to accelerate was optional or
automatic under the terms of the note and mortgage.
89-CITE: 443 So.2d 1036 John DA COSTA, Appellant, v. PUBLIC EMPLOYEES RELATIONS COMMISSION and Miami
Association of Fire Fighters, Local 587, I.A.F.F., Appellees.
TEXT: BOOTH, Judge. This cause is before us on appeal and cross-appeal from an order of the
Public...for further proceedings consistent herewith, including the taking of further evidence, if
any, as may be required. MILLS and THOMPSON, JJ., concur.
90-CITE: 585 So.2d 486 John Douglas LINKOUS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. John Linkous appeals the denial of two motions for postconviction relief, both
f...edibility of an alleged recantation of trial testimony. Mollica v. State, 374 So.2d 1022 (Fla.
2d DCA 1979), cert. denied, 386 So.2d 639 (Fla.1980).
91-CITE: 613 So.2d 515 Omar G. RODRIGUEZ-DIAZ, Appellant, v. Maria ABATE, and Jeffrey Timkee, etc.,
individual capacity, Appellees.
TEXT: PER CURIAM. Review is sought of an order which prohibits the appellant from representing
him...8 (1980). However, we modify the order to allow the appellant thirty-days after this opinion
becomes final to secure counsel. Affirmed as modified.
92-CITE: 523 So.2d 1197 Robert Lee FULTON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Robert Lee Fulton, challenges the trial court s judgment and
sent...and for a new trial. See State v. DiGuilio, 491 So.2d 1129 (Fla.1986). Reversed and
remanded. SCHOONOVER, A.C.J., and FRANK and HALL, JJ., concur.
93-CITE: 571 So.2d 589 SOUTHEAST ADMINISTRATORS, INC. and Executive Risk Consultants, Inc.,
Petitioners, v. Estella MORIARTY, as Circuit Court Judge of the Seventeenth Judicial Circuit in and
for Broward County, Florida, and Rollie and Donna Swartout, Respondents.
TEXT: PER CURIAM. Petitioners seek a writ of prohibition to prevent the Broward County Circuit
Cou...reby have an opportunity to bring a claim which may be cognizable in circuit court. I would
deny the issuance of a writ of prohibition at this time.
94-CITE: 576 So.2d 752 TRANSFLORIDA BANK, a Florida banking corporation, Leonard E. Zedeck, Adam
Kurlander, and Zedeck and Kurlander, P.A., Appellants, v. A. Matthew MILLER, Appellee.
TEXT: STONE, Judge. We affirm a final order dismissing the appellants second amended complaint
for...idated case nuver 88-2462. ORDERED that Appellants March 7, 1991 motion for rehearing or
certification and Motion for Rehearing en banc are denied.
95-CITE: 446 So.2d 198 TOWN OF PEMBROKE PARK, a Florida municipality, Appellant, v. STATE of Florida,
ex rel., John HEALY, Appellee. PUBLIC EMPLOYEES RELATIONS COMMISSION, Appellant, v. TOWN OF PEMBROKE
PARK, a Florida municipality, and State of Florida, ex rel., John Healy, Appellees.
TEXT: DELL, Judge. The Town of Pembroke Park (Town) appeals from a final order rendered by the
Sev...ent of PERC s order of reinstatement. AFFIRMED IN PART, REVERSED IN PART and REMANDED.
HURLEY, J., and SIMONS, STUART M., Associate Judge, concur.
96-CITE: 513 So.2d 1104 LAKESIDE MANOR CONDOMINIUM ASSOCIATION, INC. and Clyde Woody, Appellants
Cross-Appellees, v. Peggy-Gail FOREHAND, Appellee Cross-Appellant.
TEXT: COWART, Judge. This controversy involves a condominium association, its maintenance man,
and...easonable fee for the unit owner s attorney on appeal. AFFIRMED IN PART; REVERSED IN PART;
and REMANDED. UPCHURCH, C.J., and W. SHARP, J., concur.
97-CITE: 658 So.2d 1019 Anthony R. MARTIN, Petitioner, v. Hon. Edward GARRISON and Hon. Harold J.
Cohen, Respondents.
TEXT: PER CURIAM. By order dated January 17, 1995, we dismissed Anthony Martin s petition for
writ... of filing frivolous extraordinary writs and appeals and in light of the frivolous nature of
this petition. STONE, KLEIN and PARIENTE, JJ., concur.
98-CITE: 606 So.2d 437 SUN-ISLAND REALTY, INC., and Kenneth Hemmerle, Appellants, v. FEDERAL DEPOSIT
INSURANCE CORPORATION, as Receiver for Sunrise Savings and Loan Association, Appellee.
TEXT: PER CURIAM. Sun-Island Realty, Inc., and Kenneth Hemmerle appeal from a summary judgment
ent...150, 1152 (Fla.1980). Accordingly, we affirm the summary judgment entered in FDIC s favor in
all respects. DOWNEY, GUNTHER and POLEN, JJ., concur.
99-CITE: 681 So.2d 854 D. Douglas REHMAN, Appellant, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT,
Appellee.
TEXT: PETERSON, Chief Judge. D. Douglas Rehman appeals an order transferring venue from Orange
Cou... discipline, or take any other adverse personnel action against an employee for disclosing
information pursuant to the provisions of this section.
100-CITE: 511 So.2d 663 Donna MATHIS, Appellant, v. LEWIS BEAR COMPANY and Chubb Pacific Indemnity
Group, Appellees.
TEXT: SMITH, Chief Judge. Claimant seeks review of a workers compensation order denying her
reques...one, the claimant, unlike the claimant herein, had no physical restrictions placed on her
ability to work. REVERSED. MILLS and ERVIN, JJ., concur.
101-CITE: 483 So.2d 544 Alander CRAPPS, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. In this consolidated appeal, appellant challenges two judgments and
senten...ber BC-151, but we reverse and remand for resentencing in case number BC-334. ERVIN, J.,
and McCORD, GUYTE P., Jr. (Ret.), Associate Judge, concur.
102-CITE: 714 So.2d 558 Martin JENKINS, Appellant, v. The GOLF CHANNEL a k a, TGC, Inc., Appellee.
TEXT: PER CURIAM. Martin Jenkins appeals a final judgment dismissing his complaint against the
Gol...son has opposed any unlawful employment practice or has testified, assisted or participated in
any investigation of an unlawful employment practice.
103-CITE: 668 So.2d 706 Donna COX and Michael Cox, et al., Appellants, v. SIMEON, INC., etc., et al.,
Appellees.
TEXT: GOSHORN, Judge. Donna and Michael Cox and Juanita Arnold (the appellants) appeal the final
s... Simeon, Inc. is permitted to enjoy workers compensation immunity. REVERSED in part; AFFIRMED
in part; REMANDED. W. SHARP and HARRIS, JJ., concur.
104-CITE: 606 So.2d 1258 BARNETT BANK OF MARTIN COUNTY, N.A., Barnett Banks, Inc., and Barnett Bank of
South Florida, N.A., Petitioners, v. RGA DEVELOPMENT COMPANY, Saul R. Spector, Marianne Spector and
Anthony Carpentier, Respondents.
TEXT: PER CURIAM. This petition arises from four consolidated cases in Martin County Circuit
Court... directed to nonfinal orders. The trial court could have vacated the subject order in this
case without the necessity of an order of relinquishment.
105-CITE: 637 So.2d 373 The TRAVELERS INSURANCE COMPANY, Appellant, v. Michael T. CONLEY, Appellee.
TEXT: PETERSON, Judge. The Travelers Insurance Company ( Travelers ) appeals an order denying a
pe...ight of this opinion and the requirements of Rule 1.610(a), Florida Rules of Civil Procedure.
REVERSED; REMANDED. COBB and DIAMANTIS, JJ., concur.
106-CITE: 610 So.2d 693 FLORIDA DEPARTMENT OF CORRECTIONS, Appellant, v. Larry W. McCARTY, Appellee.
TEXT: PARKER, Judge. The Florida Department of Corrections (the Department), seeks interlocutory
r...tion to abate the action in Polk County and transferring the action to the Leon County Circuit
Court. CAMPBELL, A.C.J., and ALTENBERND, J., concur.
107-CITE: 659 So.2d 1204 ARCHBOLD HEALTH SERVICES, INC., Appellant, v. FUTURE TECH BUSINESS SYSTEMS,
INC., Appellee.
TEXT: NESBITT, Judge. Archbold Health Services, Inc. (Archbold), a Georgia corporation, entered
in...iction when enforcement of the judgment was attempted here. Accordingly, the case is reversed
and remanded with directions to enforce the judgment.
108-CITE: 510 So.2d 1133 STATE of Florida, Appellant, v. Anthony CARROLL, Appellee.
TEXT: PER CURIAM. AFFIRMED. WALDEN, J., concurs. *1134 GLICKSTEIN, J., concurs specially with
op...12 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); Denehy v. State, 400 So.2d 1216 (Fla.1980);
St. John v. State, 363 So.2d 862 (Fla. 4th DCA 1978).
109-CITE: 511 So.2d 698 Joseph King COBB, Appellant, v. The STATE of Florida, Appellee.
TEXT: DANIEL S. PEARSON, Judge. It is commonly held that flight at the sight of an approaching
pol...l was reinstated and briefs filed. By the time we heard the case in May 1987, the defendant
had already served 22 months of the 5 1 2-year sentence.
110-CITE: 579 So.2d 827 Robert C. ELLIOTT and Carol K. Elliott, his wife, Appellants, v. Richard L.
DUGGER, as Secretary of the State of Florida Department of Corrections, Appellee.
TEXT: SMITH, Judge. The Elliotts appeal a final summary judgment entered in favor of Dugger. The
t...ions of section 768.28(9)(a) which control. McClelland v. Cool, 547 So.2d 975, 976 (Fla. 2d DCA
1989). AFFIRMED. BOOTH and WIGGINTON, JJ., concur.
111-CITE: 621 So.2d 676 MELI INVESTMENT CORP., etc., Appellant, v. O.R., et al., Appellees.
TEXT: PER CURIAM. Meli Investment Corporation (landlord) appeals the trial court s order which
app...ounterclaim and then redetermine the fees awarded to the counterclaimant in accordance with
these directions. Vacated and remanded with directions.
112-CITE: 588 So.2d 276 WAL-MART STORES and Corporate Service Inc., Appellants, v. Pamela J. TOMLINSON,
Appellee.
TEXT: KAHN, Judge. The Employer Carrier (E C) appeal an order of the Judge of Compensation Claims
...J., concur. ------------ (FN2) Although Dr. Forman s testimony was contrary to that of Dr.
McClane, the JCC was free to reject Dr. Forman s opinion.
113-CITE: 629 So.2d 852 KRYPTON BROADCASTING OF JACKSONVILLE, INC., a Delaware corporation, Petitioner,
v. MGM-PATHE COMMUNICATIONS CO., a Delaware corporation, Bono Equity Corporation, a Florida
corporation, Respondents.
TEXT: BOOTH, Judge. This cause is before us on petition for writ of certiorari under Florida Rule
...). Certiorari is granted. The order below is quashed, and this cause is remanded for proceedings
consistent herewith. SMITH AND WOLF, JJ., concur.
114-CITE: 583 So.2d 415 George R. KENNEDY, III, Appellant, v. Leisa A. KENNEDY, Appellee.
TEXT: PETERSON, Judge. George R. Kennedy, III, appeals the final judgment dissolving his marriage
...mony on the fitness of the mother was received. To affirm the judgment on the basis of presumed
testimony is not in the best interest of the child.
115-CITE: 495 So.2d 886 Albert R. FERRIGNO and Hermene Ferrigno, Petitioners, v. Aden S. YODER, John
Yutzy, Auto-Owners Insurance Co., Suncoast Insurers, Inc., and Ted Bogusz, Respondents.
TEXT: FRANK, Judge. Mr. and Mrs. Ferrigno, the plaintiffs in the underlying personal injury and
de... requirements of the law in so determining in the matter at hand. The petition for certiorari
is granted. RYDER, A.C.J., and CAMPBELL, J., concur.
116-CITE: 621 So.2d 464 PALM BEACH COUNTY SCHOOL BOARD and Terry Andrews, Petitioners, v. Claudia
MORRISON, Respondent.
TEXT: POLEN, Judge. We have for review the trial court s interlocutory order granting respondent,
... of, any significant part of the matter or communication. This section is not applicable when
the disclosure is itself a privileged communication.
117-CITE: 659 So.2d 713 Ronda C. WEINSTOCK, Ph.D., Petitioner, v. Suzanne GROTH, Respondent.
TEXT: COBB, Judge. The petitioner, Dr. Ronda C. Weinstock, seeks certiorari review of a trial
cour...ithdrawal of any claim for said damages or, in the absence of same, to respond to said
Interrogatories. (FN3) Interrogatory 7 is no longer at issue.
118-CITE: 745 So.2d 351 George TURNER, Appellant, v. STATE of Florida, Appellee.
TEXT: VAN NORTWICK, J. George Turner raises numerous constitutional challenges to section
775.082(...75.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION OF POWERS CLAUSE OF THE
FLORIDA CONSTITUTION? AFFIRMED. KAHN and WEBSTER, JJ., concur.
119-CITE: 498 So.2d 935 THE FLORIDA BAR, Complainant, v. Richard G. NEWHOUSE, Respondent.
TEXT: PER CURIAM. The Florida Bar filed a five-count complaint against Richard G. Newhouse, a
memb...-------- (FN*) Although Newhouse also submitted a brief pursuant to our order, that brief was
stricken for lack of timeliness on September 15, 1986.
120-CITE: 470 So.2d 747 McARTHUR DAIRY, INC., Armando Madrigal, and Florencio Aldo Madrigal, Appellants
Cross-Appellees, v. Olga GUILLEN and Cecilio Guillen, her husband, Appellees Cross-Appellants.
TEXT: DANIEL S. PEARSON, Judge. The only question in this case which we find merits our attention
...by the plaintiffs). The case is remanded for this determination. Affirmed on the main appeal;
remanded for further proceedings on the cross-appeal.
121-CITE: 647 So.2d 279 Roger W. GEORGIA, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS
COMMISSION and Wells Fargo Guard Service, Inc. of Florida, Appellees
TEXT: PARKER, Acting Chief Judge. Roger W. Georgia appeals the order of the Unemployment Appeals
C...pported by the record. Reversed and remanded with directions for the UAC to affirm the order of
the appeals referee. BLUE and QUINCE, JJ., concur.
122-CITE: 466 So.2d 1141 Norman WHITE, Appellant, v. SCHOOL BOARD OF DADE COUNTY, Florida, Appellee.
TEXT: BASKIN, Judge. This is an appeal by school teacher Norman White from an order of the Dade
Co...cient evidence presented at the hearing, and, in fact, the hearing officer expressly found,
that White possessed a firearm while on school property.
123-CITE: 711 So.2d 260 Judith C. CROSBY, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et al.,
Appellees.
TEXT: ANTOON, Judge. Judith Crosby appeals the order of the Unemployment Appeals Commission (UAC)
...tled to receive unemployment compensation benefits. The decision of the UAC must therefore be
reversed. REVERSED. DAUKSCH and HARRIS, JJ., concur.
124-CITE: 527 So.2d 894 NATIONAL INDUSTRIES, INC., Appellant, v. COMMISSION ON HUMAN RELATIONS, et al.,
Appellees.
TEXT: COBB, Judge. Appellant, National Industries Inc. (National), seeks review of an order of
the...n reasonably necessary for the performance of the particular employment to which such action
or inaction is related. (FN3) G. Orwell, 1984 (1949).
125-CITE: 642 So.2d 784 Anthony J. GARGUILO, Sr., Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,
and Freedom Properties, Appellees.
TEXT: QUINCE, Judge. The appellant, Anthony J. Garguilo, Sr., seeks review of an Unemployment
Appe... unemployment benefits and remand for proceedings consistent with this opinion. Reversed and
remanded. DANAHY, A.C.J., and ALTENBERND, J., concur.
126-CITE: 563 So.2d 167 Antonio CARDET, Appellant, v. RESOLUTION TRUST CORP., as Conservator of General
Federal Savings & Loan Association, etc., Appellee.
TEXT: COPE, Judge. Antonio Cardet appeals an order denying a motion to vacate a default judgment
e...presented in Reicheinbach. Indeed, the first district s post-Picchi decision in Gulf
Maintenance, 543 So.2d at 817, expressly followed Reicheinbach.
127-CITE: 702 So.2d 578 James A. KIPPING, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Acting Chief Judge. James A. Kipping (hereinafter Kipping or James ) appeals his
convi... to the trial court for sentencing within the guidelines. Conviction affirmed, sentence
reversed, and remanded. QUINCE and NORTHCUTT, JJ., concur.
128-CITE: 717 So.2d 1067 John J. MALONE, Appellant, v. CITY OF SATELLITE BEACH, Florida, et al.,
Appellees.
TEXT: PER CURIAM. AFFIRMED. See McNayr v. Kelly, 184 So.2d 428 (Fla.1966). COBB, J., and
ORFINGER...h DCA 1994); Xerox Corp. v. Sharifi, 502 So.2d 1003 (Fla. 5th DCA 1987); Trans-County Van
Lines, Inc. v. Kronick, 497 So.2d 923 (Fla. 5th DCA 1986).
129-CITE: 600 So.2d 1253 Diana E. GEORGE, n k a Diane E. Morgan, Appellant, v. Timothy L. GEORGE,
Appellee.
TEXT: PER CURIAM. AFFIRMED. GLICKSTEIN, C.J., and ANSTEAD J., concur. POLEN, J., concurs
special...ttler, 569 So.2d 496, 498 (Fla. 4th DCA 1990) (citation omitted). Accordingly, I join the
majority in affirming the final judgment of modification.
130-CITE: 457 So.2d 492 Rene RAMOS, Appellant, v. The STATE of Florida, Appellee.
TEXT: ON MOTION TO DISMISS STATE S CROSS-APPEAL DANIEL S. PEARSON, Judge. Ramos, the defendant
be... considerations of judicial economy dictate that the matter be put to an end in the appellate
court where it is clear that a retrial cannot be held.
131-CITE: 619 So.2d 444 Ivory WILCOX and Ana Lee Wilcox, Petitioners, v. HOTELERAMA ASSOCIATES, LTD.,
and Hilton Hotel Corporation d b a The Fontainebleau Hilton, Respondents.
TEXT: LEVY, Judge. In this proceeding for Writ of Mandamus, petitioners Ivory Wilcox and Anna Lee
...cate the stay order, with instructions to the trial court to proceed with the appropriate
disposition of the cause without delay. Mandamus granted.
132-CITE: 687 So.2d 895 Constance J. Gannaway SMITH, Petitioner, v. TIB BANK OF THE KEYS, etc.,
Respondents.
TEXT: NESBITT, Judge. Petitioner, plaintiff below, seeks certiorari review of the trial court s
or...y and knowledge). In sum, the trial court here limited the questions to relevant subject areas.
Accordingly, the petition for certiorari is denied.
133-CITE: 672 So.2d 878 MARINE INDUSTRIES ASSOCIATION OF SOUTH FLORIDA, INC., Appellant, v. FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION and Save the Manatee Club, Inc., Appellees.
TEXT: WARNER, Judge. This appeal challenges the constitutionality of a section of the Florida
Mana... has not been struck is a policy decision properly addressed to the legislative branch of
government. Affirmed. PARIENTE AND SHAHOOD, JJ., concur.
134-CITE: 633 So.2d 475 Gerald WALTERS, et al., Appellants, v. AQUATIC SENSORS CORPORATION, Appellee.
TEXT: PER CURIAM. Appellants Gerald Walters and his wife, Andrea Walters, appeal the order of the
...court s ultimate determination on remand. REVERSED and REMANDED for further consistent
proceedings. ZEHMER, C.J., and MINER and WOLF, JJ., concur.
135-CITE: 533 So.2d 802 Jack Windell HATHCOCK, Appellant, v. Mary Margo HATHCOCK, Appellee.
TEXT: NIMMONS, Judge. This is an interlocutory appeal from a temporary injunction issued in a
diss...itled under any injunction bond, eliminating the necessity for an action on the injunction
bond if no party has requested a jury trial on damages.
136-CITE: 636 So.2d 1358 John L. PALLAS, Appellant, v. The STATE of Florida, Appellee.
TEXT: COPE, Judge. John L. Pallas appeals his conviction and sentence for aggravated stalking. We
...076 (Fla.1994) (court should adopt narrowing construction of statute if necessary to preserve its
constitutionality, where it is possible to do so).
137-CITE: 700 So.2d 412 The STATE of Florida, Appellant, v. Francisco RINCON, Appellee.
TEXT: BARKDULL, Senior Judge. This is an appeal from a final judgment entered pursuant to the
defe...tanding the verdict, and return the case to the trial court for resentencing on the
kidnapping counts only. Reversed and remanded for resentencing.
138-CITE: 588 So.2d 1039 Reason FORD, Jr., Appellant, v. SOUTHEAST ATLANTIC CORPORATION and Florida
Unemployment Appeals Commission, Appellees.
TEXT: ERVIN, Judge. Appellant, Reason Ford, Jr., seeks review of a final administrative order
ente... addiction is to be considered an illness. AFFIRMED in part, REVERSED in part, and REMANDED
for further proceedings. SMITH and ALLEN, JJ., concur.
139-CITE: 469 So.2d 855 Ellsworth P. SCALES, Appellant, v. Helen R. SCALES, Appellee.
TEXT: ANSTEAD, Chief Judge. This is an appeal from an order granting the appellee s motion to
dism...ordingly, for the reasons set out above, we affirm the decision of the trial court. HURLEY,
J., and GREEN, OLIVER L., Jr., Associate Judge, concur.
140-CITE: 700 So.2d 87 Betty SIMPSON, Personal Representative of the Estate of Morena Simpson, Deceased,
Appellant, v. CITY OF MIAMI, Appellee.
TEXT: ON MOTION FOR REHEARING GRANTED PER CURIAM. We grant the motion for rehearing, vacate the
J...hen they occur. To require anything less eviscerates the injunction and renders it a mere
advisory court action that violators really need not heed.
141-CITE: 629 So.2d 311 Samuel Lee ROBERTS, Appellant, v. Betty CASTOR, as Commissioner of Education,
Appellee. Samuel Lee ROBERTS, Appellant, v. NASSAU COUNTY SCHOOL BOARD, Appellee.
TEXT: PER CURIAM. The appellant, Samuel Lee Roberts, appeals an order of the Education Practices
C...on appeal suspending the appellant s teaching certificate and dismissing him from employment are
AFFIRMED. BARFIELD, WOLF, and MICKLE, JJ., concur.
142-CITE: 745 So.2d 1094 STATE of Florida, Appellant, v. Ronald James WHEELER, Appellee.
TEXT: PER CURIAM. The state appeals from an order granting the defendant s motion to dismiss his
a... adherence to rules over justice. I therefore dissent. ------------ (FN6) For that matter, we
don t even know if he was ever furnished a copy of it.
143-CITE: 528 So.2d 58 GLADES CORRECTIONAL INSTITUTION and State of Florida, Appellants, v. Jacqueline
BUKOWSKI, Appellee.
TEXT: MILLS, Judge. Glades Correctional Institution appeals an order of the deputy commissioner
*5... is insufficient standing alone to support the award of TPD. Superior Pontiac at 1200. We
reverse both awards. SHIVERS and WIGGINGTON, JJ., concur.
144-CITE: 593 So.2d 524 DANIEL INTERNATIONAL CORPORATION, Westinghouse Electric Corporation, and Federal
Insurance Company, Appellants Cross Appellees v. BETTER CONSTRUCTION, INC., Appellee Cross
Appellant.
TEXT: PER CURIAM. This case involves a plaintiff construction company s diminished business value
...judgment interest and attorney s fees, and granting Federal s motion for judgment notwithstanding
the verdict. These issues are now moot. Reversed.
145-CITE: 748 So.2d 296 Michael A. MUSTO, Appellant, v. BELL SOUTH TELECOMMUNICATIONS CORPORATION, a
Georgia corporation, and Recovery Specialists, Inc., Appellees.
TEXT: POLEN, J. Michael Musto appeals a final summary judgment entered in favor of Bell South
Tele...dit report issuance, thus his cause of action is not barred by the statute of limitations.
REVERSED and REMANDED. DELL and STEVENSON, JJ., concur.
146-CITE: 732 So.2d 17 Lorenzo SPEED, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, J. The defendant below, Lorenzo Speed, was convicted of strong armed robbery and was
s...ones v. State, 652 So.2d 346 (Fla.), cert. denied, 516 U.S. 875, 116 S.Ct. 202, 133 L.Ed.2d 136
(1995). AFFIRMED. GOSHORN and ANTOON, JJ., concur.
147-CITE: 704 So.2d 697 Maria P. GLASS, both individually and in her capacity as Principal of St.
Bartholomew Catholic, and Archdiocese of Miami, d b a St. Bartholomew Catholic, Appellants, v. Peter
ANDERSON and Bernadette Anderson, both individually and as Parents, Guardians and Next of Kin of
Paul Anderson, Christine Anderson and John Anderson, minors, Appellees.
TEXT: KLEIN, Judge. The trial court, after an evidentiary hearing, entered a temporary injunction
...ude that the Andersons are not entitled to injunctive relief and reverse the order granting the
temporary injunction. POLEN and GROSS, JJ., concur.
148-CITE: 503 So.2d 941 OTIS ELEVATOR COMPANY, Appellant Cross Appellee, v. William F. SCOTT, Appellee
Cross Appellant.
TEXT: GLICKSTEIN, Judge. This is an appeal of a final order awarding damages to appellant for
reta...verned: (b) Suits for the recovery of wages, overtime, or damages and penalties accruing
under laws respecting the payment of wages and overtime.
149-CITE: 465 So.2d 652 Michael Martin YOUNG, Appellant, v. Beverly Coleman YOUNG, Appellee.
TEXT: ZEHMER, Judge. The order increasing appellant s child support payments pursuant to appellee
...affidavit and paid by her since 1981. (FN5) The father appellant did not petition the trial court
to have the 1974 decree modified as to visitation.
150-CITE: 456 So.2d 556 Herbert R. PHILLIPS and Annette H. Phillips, Appellants, v. Arthur B. CHOATE,
Appellee.
TEXT: DOWNEY, Judge. Herbert R. Phillips and Annette H. Phillips, plaintiffs in an action for
decl...ent appealed from and remand the cause for further proceedings. REVERSED and REMANDED, with
directions. ANSTEAD, C.J., and GLICKSTEIN, J., concur.
151-CITE: 437 So.2d 166 STATE of Florida, Appellant, v. Leslie Paul JACOBS, et al., Appellees.
TEXT: FRANK D. UPCHURCH, Jr., Judge. The state appeals from an order suppressing evidence seized
i...ate the search where, as here, there was no evidence of harassment or bad faith on the part of
the police. REVERSED. COBB and COWART, JJ., concur.
152-CITE: 469 So.2d 155 Vicki BROWN and Lester Paul Brown, Appellants, v. WINN-DIXIE MONTGOMERY, INC.,
Appellee.
TEXT: ON REHEARING EN BANC PER CURIAM. A majority of the court has determined to grant rehearing
... to my concurring in part and dissenting in part opinion filed in the above appeal on 27 June
1983. I join the present dissent by Judge L.G. Smith.
153-CITE: 628 So.2d 1097 The OFFICE OF the STATE ATTORNEY, FOURTH JUDICIAL CIRCUIT OF FLORIDA,
Petitioner, v. Tina PARROTINO, Respondent.
TEXT: KOGAN, Justice. We have for review the following questions certified to be of great public
i...that the trial court s dismissal shall be affirmed. It is so ordered. BARKETT, C.J., and
OVERTON, McDONALD, SHAW, GRIMES and HARDING, JJ., concur.
154-CITE: 583 So.2d 723 SCG TRAVEL, INC., a New Jersey Corporation, Petitioner, v. WESTMINSTER FINANCIAL
CORPORATION, a Delaware Corporation, Harry Schreiber, and Mark Izydore, Respondents.
TEXT: FARMER, Judge. Petitioner recovered default judgments against respondents in a New Jersey
co...o him for the entry of orders requiring bonds in the appropriate amounts. REVERSED AND
REMANDED WITH DIRECTIONS. GUNTHER and GARRETT, JJ., concur.
155-CITE: 630 So.2d 1143 Patrick Alan SALGAT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This cause is before us on Patrick Sonny Salgat s appeal of his conviction and
s...ted felony murder is reversed. All other aspects of the judgment and sentences appealed from are
affirmed. BOOTH, BARFIELD, and ALLEN, JJ., concur.
156-CITE: 455 So.2d 1104 Selvin G. HINES, Appellant, v. DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,
State of Florida, Unemployment Appeals Commission and the Central Press of Miami, Inc., Appellees.
TEXT: NESBITT, Judge. Hines appeals a decision of the Unemployment Appeals Commission affirming
an...nes actions constituted misconduct is supported by competent, substantial evidence. The
Commission s affirmance of that decision is hereby affirmed.
157-CITE: 532 So.2d 703 Thomas M. ENOS, et ux., Appellants, v. CASEY MOUNTAIN, INC., etc., et al.,
Appellees.
TEXT: PER CURIAM. Thomas Enos and his wife appeal from a final judgment denying their claim for
an... their easement rights. AFFIRM in part REVERSED in part, REMAND. SHARP, C.J., and DAUKSCH and
ORFINGER, JJ., concur. *707 APPENDIX (ILLUSTRATION)
158-CITE: 727 So.2d 997 Ivan L. ADAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Acting Chief Judge. Ivan L. Adams appeals from the order denying his motion for
po... been met. Thus, we must reverse the trial court s order and remand for a new trial. Reversed
and remanded. ALTENBERND and NORTHCUTT, JJ., Concur.
159-CITE: 659 So.2d 1214 Patricia J. ANDUJAR, Appellant, v. NATIONAL PROPERTY AND CASUALTY UNDERWRITERS,
Florida Agency, Inc., a Florida corporation; Continental Claims and Adjusters, Inc., a Florida
corporation; and Arnold Skoller, Appellees.
TEXT: FARMER, Judge. In the case before us today, a defendant who had previously prevailed in a
fe...urisdiction over the state claims. We therefore reverse the summary judgment and remand for
further proceedings. STONE and STEVENSON, JJ., concur.
160-CITE: 651 So.2d 819 Anthony R. MARTIN, Petitioner, v. Honorable Paul MARKO, Respondent.
TEXT: PER CURIAM. On January 18, 1995, we issued the following order: Ordered, sua sponte, that
t...ng failed to pay the statutory filing fee in this case, the petition for writ of prohibition is
dismissed. WARNER, STONE and PARIENTE, JJ., concur.
161-CITE: 668 So.2d 1013 TERMINIX INTERNATIONAL COMPANY, L.P., Appellant, v. Horst MICHAELS and Renate
Michaels, individually and as the Mother and Father and next best friend of Eric Michaels, a minor,
Nozzle Nolen, Inc., a Florida corporation, Marclain Marrero, Choice Real Estate Inc., a Florida
corporation, Gimelstob Realty, Inc., a Florida corporation, Universal Land Title, Inc., a Florida
corporation, and Treasure Coast Mortgage Corporation, a Florida corporation, Appellees.
TEXT: WARNER, Judge. The appellant challenges the trial court s order denying its motion to
compel...s, as it arises out of the performance of the contract. Under Bacchus and the plain meaning
rule, I would reverse. I therefore respectfully dissent.
162-CITE: 698 So.2d 299 STATE of Florida, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, Appellant, v.
Harold LINDQUIST, Appellee. STATE of Florida, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,
Appellant, v. Eric LINDQUIST, Appellee.
TEXT: PER CURIAM. The appellant, State of Florida, Department of Labor and Employment Security
(th...iscretion in denying the Department s motions to transfer venue to Leon County. Affirmed.
SCHOONOVER, A.C.J., and LAZZARA and QUINCE, JJ., concur.
163-CITE: 644 So.2d 342 STATE of Florida, Appellant, v. Humberto MIRANDA, Jr., Appellee.
TEXT: FULMER, Judge. The state appeals an order dismissing a charge of aggravated stalking on
doub...rge. All of the elements of these two charges would be proved in the contempt prosecution.
(FN6) Section 784.048(1)(a). (FN7) Section 784.048(1)(b).
164-CITE: 527 So.2d 223 NEWS-PRESS PUBLISHING COMPANY, INC., d b a The Fort Myers News-Press, Appellant,
v. George FIRESTONE, as duly elected Secretary of State, State of Florida; Dorothy Glisson, as duly
appointed Deputy Secretary of Elections; Enid D. Earle, as duly elected Supervisor of Elections in
and for Lee County, Florida; and Frank Wanicka, as duly elected Sheriff of Lee County, Florida,
Appellees.
TEXT: THREADGILL, Judge. We have for review an order of the circuit court holding section
101.121,...endment freedoms, it is not overbroad. See O Brien. I would, therefore, affirm the trial
court order holding that section 101.121 is constitutional.
165-CITE: 470 So.2d 720 June Jacqueline SCHWARTZ, Appellant, v. ZIPPY MART, INC., etc., et al.,
Appellees. Carrie ESSES, Appellant, v. ZIPPY MART, INC., etc., et al., Appellees.
TEXT: EN BANC OPINION PER CURIAM. Schwartz and Esses bring this consolidated appeal from
identica...nation of the employer s liability, or non-liability under the law applicable in tort
cases. ERVIN, C.J., and MILLS, BOOTH and ZEHMER, JJ., concur.
166-CITE: 729 So.2d 1002 Irve GLADSTONE, Appellant, v. M. Stephen SMITH, Esq., North River Insurance
Company, Alex Spizz, Esq., Barton Nachamie, Esq., Todtman, Young, Nachamie, Handler & Spizz, Jay
Solowsky, Esq., Sky Smith, Esq., Jewel H. Grutman, Esq., Norman Grutman, Esq., United Credit
Corporation, Merrill Lynch, Pierce, Fenner & Smith, Incorporated, and Paul S. Stuart, Esq.,
Appellees.
TEXT: PER CURIAM. In these consolidated cases, Appellant Irve Gladstone appeals an order
dismissin...as no jurisdiction to review such rulings. See Fla.R.App.P. 9.030(b). All orders
appealed from are affirmed. DELL, SHAHOOD and GROSS, JJ., concur.
167-CITE: 623 So.2d 598 STATE of Florida, Appellant Cross-Appellee, v. Richard Erman RAWLINS, Appellee
Cross-Appellant.
TEXT: DIAMANTIS, Judge. This appeal is before this court pursuant to an order from the county
cour...ously addressed by the trial court. CERTIFIED QUESTION ANSWERED; AFFIRMED in part; REVERSED
in part; REMANDED. SHARP, W. and GRIFFIN, JJ., concur.
168-CITE: 527 So.2d 899 Penny BYRD, Marjorie K. Hensley, Janey Mainard Swahn, Debbie K. Smith, Mary Ann
VanLandeghem, and Denise Larson, all individuals, Appellants, v. RICHARDSON-GREENSHIELDS SECURITIES,
INC., a New York corporation, authorized to do business in the State of Florida; and Interstate
Securities Corporation, a North Carolina corporation, authorized to do business in the State of
Florida, Appellees.
TEXT: LEHAN, Judge. This case involves the exclusivity of remedies provided by the workers
compens...is case concerning the exclusivity of workers compensation remedies. Affirmed. CAMPBELL,
A.C.J., concurs. SCHOONOVER, J., concurs in result only.
169-CITE: 696 So.2d 907 SUNSHINE BIRDS AND SUPPLIES, INC., Ignacio Perea, Sr., Maria Perea, and Domingo
Sanchez, Appellants, v. UNITED STATES FIDELITY AND GUARANTY COMPANY and Fidelity and Guaranty
Insurance Underwriters, Inc., Appellees.
TEXT: GREEN, Judge. Appellants, Sunshine Birds and Supplies, Inc., Ignacio Perea, Sr., Maria
Perea...l of the allegations suggest that these two employees brought the minor children to their
living quarters at the business during non-business hours.
170-CITE: 438 So.2d 371 THE FLORIDA BAR, Re AMENDMENT TO the CODE OF PROFESSIONAL RESPONSIBILITY (Direct
Mail Advertising by Lawyers).
TEXT: PER CURIAM. This proceeding is before the Court on the petition of The Florida Bar for
amend...ndments will take effect on January 1, 1984. It is so ordered. ALDERMAN, C.J., and ADKINS,
BOYD, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
171-CITE: 486 So.2d 654 CARIBBEAN SECURITY SYSTEMS, INC., a Florida corporation and Amtel Security
Systems, Inc., a Florida corporation, Petitioners, v. SECURITY CONTROL SYSTEMS, INC., a Texas
corporation, Respondent.
TEXT: PER CURIAM. By petition for common law certiorari, the petitioners contend that the trial
co... of all bank statements and cancelled checks, and as to item number 11, this is too broad in
time and scope and fails to specify any specific issue.
172-CITE: 721 So.2d 372 Sandra WILLIAMSON, etc., Appellant, v. WATER MANIA, INC., a Florida Corporation,
Appellee.
TEXT: HARRIS, Judge. Henry Lee Williamson was employed by Water Mania, Inc. in its maintenance
dep...eparate tort cause of action; particularly paragraph nine. I would quash the order dismissing
the tort complaint and remand for further proceedings.
173-CITE: 608 So.2d 85 NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Petitioner, v. W. Mark TUCKER,
Respondent.
TEXT: SCHOONOVER, Judge. The petitioner, Nationwide Mutual Fire Insurance Company (Nationwide),
ha...remand for consideration of Mr. Tucker s motion for new trial on the other grounds contained in
the motion. CAMPBELL, A.C.J., and HALL, J., concur.
174-CITE: 506 So.2d 1127 Carol KING, Petitioner, v. The LOVEABLE COMPANY, et al., Respondent.
TEXT: UPCHURCH, Chief Judge. Petitioner who was the plaintiff in the action below seeks a writ of
...------ (FN5) National Convenience Stores, Inc. v. Embrey, 375 So.2d 358 (Fla. 4th DCA 1979);
Raulerson v. Finney, 280 So.2d 484 (Fla. 3rd DCA 1973).
175-CITE: 573 So.2d 1060 Philip J. STODDARD, Appellant, v. John Alfred WOHLFAHRT, Appellee.
TEXT: PETERSON, Judge. Phillip J. Stoddard, pro se, appeals a Judgment on Appeal (JOA) of the St.
...torney s fees to Wohlfahrt are reversed and vacated. *1064 AFFIRMED in part; REVERSED in part;
VACATED in part. W. SHARP and GOSHORN, JJ., concur.
176-CITE: 612 So.2d 586 Tina PARROTINO, as Personal Representative of the Estate of Diana L. McFarland,
Appellant, v. The CITY OF JACKSONVILLE, Florida, a Municipal Corporation, and The Office of the
State Attorney, Fourth Judicial Circuit of Florida, Appellees.
TEXT: ALLEN, Judge. The appellant, as personal representative of the estate of Diana L.
McFarland,...ome peril by the conduct on the part of the state attorney s office. Accordingly, I
would affirm the order dismissing the complaint in its entirety.
177-CITE: 458 So.2d 47 C.C.B., A Child, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. This appeal involves the constitutionality of a Jacksonville municipal
ord...tional and the order of the trial court denying appellant s motion to dismiss the charge
against him is reversed. JOANOS and BARFIELD, JJ., concur.
178-CITE: 512 So.2d 311 Roy DAWSON, Individually, and Roy Dawson Radio Communications, Inc., a New
Jersey corporation, Appellants, v. Martin J. JONES, Gerry Chancey and Connie Chancey, Frank B. Trent
and Ina D. Trent, Kenneth L. Huggins and Margaret S. Huggins, C. Mitchell Smith and Dorothy J.
Smith, Herbert Oswald Mahn and Ida Mahn, James E. Waldron, Wilma L. Powell, Harry K. Wooldridge and
Shirley J. Wooldridge, and Southwind Airpark Association, Inc., a Florida corporation, Appellees.
TEXT: SCHEB, Acting Chief Judge. Appellants, Roy Dawson and Roy Dawson Radio Communications,
Inc.,...g so long as said airport runway license granted by the State of Florida for a bona fide
airport, is maintained by the owners and operators thereof.
179-CITE: 538 So.2d 457 George FIRESTONE, etc., Appellant, v. NEWS-PRESS PUBLISHING COMPANY, INC., etc.,
Appellee. Enid EARLE, etc., et al., Appellants, v. NEWS-PRESS PUBLISHING COMPANY, INC., etc.,
Appellee.
TEXT: PER CURIAM. Pursuant to article V, section 3(b)(1), of the Florida Constitution, we review
t...invalidates section 101.121 in its entirety. It is so ordered. EHRLICH, C.J., and OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
180-CITE: 462 So.2d 803 Joseph J. NODAR, Petitioner, v. Patricia GALBREATH, Respondent.
TEXT: BOYD, Chief Justice. This cause is before the Court on petition for review of the decision
o...t be entered for the petitioner defendant. It is so ordered. ALDERMAN, McDONALD, EHRLICH and
SHAW, JJ., concur. ADKINS and OVERTON, JJ., dissent.
181-CITE: 446 So.2d 1045 Ruel A. GALBREATH, Petitioner, v. The SCHOOL BOARD OF BROWARD COUNTY, Florida,
et al., Respondents.
TEXT: McDONALD, Justice. This case is before us to review a district court decision, Galbreath v.
...hout merit. Accordingly, we approve the decision under review. It is so ordered. ALDERMAN,
C.J., and BOYD, OVERTON, EHRLICH and SHAW, JJ., concur.
182-CITE: 573 So.2d 353 Billy G. SIBLEY, Petitioner, v. ADJUSTCO, INC., Respondent.
TEXT: FRANK, Judge. The central question in this matter is whether a workers compensation
claimant...ution of conduct repugnant to those portions of the statute pretermits frivolous lawsuits
based uppon contentions of false or misleading statements.
183-CITE: 580 So.2d 234 Leon HIGHSMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Leon Highsmith has appealed from his conviction and sentence for possession
o...y relevancy to the applicability of the invited-error doctrine and would therefore reverse
appellant s conviction and remand the case for new trial.
184-CITE: 666 So.2d 218 Gerard AUGUSTIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Gerard Augustin, challenges the trial court s denial of motions
t...(listing factors to consider in establishing such consent). If the state met its burden of proof
in this case, it did so by the thinnest of margins.
185-CITE: 573 So.2d 909 PASCO COUNTY, a Political Subdivision of the State of Florida, Appellant, v.
TAMPA FARM SERVICE, INC., a Florida corporation, Appellee.
TEXT: ALTENBERND, Judge. Pasco County appeals a final judgment which enjoins its enforcement of
wa...ch to abate public and private nuisances. Since the County has not presented this issue in this
appeal, it is a question which can await resolution.
186-CITE: 687 So.2d 978 Mildred R. JAYE, Appellant, v. ROYAL SAXON, INC. and Small & Small, P.A.,
Appellees.
TEXT: ON MOTION FOR REHEARING STONE, Judge. Appellee s motion for rehearing is denied. However,
w... the former. Therefore, the award is reversed and we remand for further proceedings. SHAHOOD,
J., and RAMIREZ, JUAN, Jr., Associate Judge, concur.
187-CITE: 521 So.2d 282 B.J. PEARCE, et al., Petitioners, v. DORAL MOBILE HOME VILLAS, INC., Respondent.
TEXT: PER CURIAM. Petitioners are tenants of a mobile home park who are presently involved in a
su...ase is remanded to the circuit court for further proceedings consistent with this opinion.
RYDER, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
188-CITE: 591 So.2d 922 Cornelius Ray LEWIS, Petitioner, v. STATE of Florida, Respondent.
TEXT: KOGAN, Justice. We have for review Lewis v. State, 570 So.2d 412, 418 (Fla. 1st DCA 1990),
i...or further proceedings consistent with this opinion. It is so ordered. SHAW, C.J. and OVERTON,
McDONALD, BARKETT, GRIMES and HARDING, JJ., concur.
189-CITE: 683 So.2d 504 David NADEAU, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. We deny appellant s motion for rehearing, but we
withdr...enter an order for appellant s discharge. PARIENTE, J., and KROLL, KATHLEEN J., Associate
Judge, concur. GLICKSTEIN, J., dissents without opinion.
190-CITE: 710 So.2d 641 Lisa AMMONS, Rolland Ammons, Jr., Precision Aluminum of Okeechobee, Inc., and
Eva Miskinis, Appellants, v. OKEECHOBEE COUNTY, Code Enforcement Board of Okeechobee County,
Florida, Martin O Shea and Matthew Lightsey, Appellees.
TEXT: ON MOTION FOR REHEARING WARNER, Judge. We withdraw our previously issued opinion and
substi...and reverse as to the dismissal of counts V and VI. We remand for further proceedings.
DELL, J., and PARIENTE, BARBARA J., Associate Judge, concur.
191-CITE: 518 So.2d 304 Sherman HUNTER, Appellant, v. STATE of Florida, Appellee.
TEXT: ANSTEAD, Judge. This is an appeal challenging the trial court s order denying a motion to
su.... See the discussion of Stephan v. State, 711 P.2d 1156 (Alaska 1985), in the writer s opinion
in Smith v. State, 514 So.2d 367 (Fla. 4th DCA 1987).
192-CITE: 710 So.2d 13 The STATE of Florida, Appellant, v. John SPIEGEL, Appellee.
TEXT: PER CURIAM. Appellant, the State of Florida, appeals a county court order in a criminal
proc...not admissible as direct evidence of guilt in the subsequent criminal prosecution.
Accordingly, we affirm the order granting suppression. Affirmed.
193-CITE: 636 So.2d 1312 David Mueller ELAM, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We have on appeal the judgment and sentence of the trial court imposing the
deat...e conviction. ------------ (FN6) He has a single conviction for obtaining an unauthorized
loan for less than $100 in violation of a federal statute.
194-CITE: 654 So.2d 573 William MERDIAN, Petitioner, v. Ron COCHRAN, Sheriff of Broward County, Florida,
and Judge Barry Goldstein, Circuit Court Judge, Seventeenth Judicial Circuit, Respondents.
TEXT: WARNER, Judge. In petitioning for a writ of habeas corpus, petitioner alleges that the
court...pretrial detention in accordance with the rule and statute, I would grant the petition for
the limited purpose of remand for entry of such an order.
195-CITE: 686 So.2d 724 Judy HENSLEY, Appellant, v. PUNTA GORDA and Gallagher Bassett Service,
Appellees.
TEXT: KAHN, Judge. Judy Hensley, appellant and claimant in this workers compensation matter, asks
...ot cognizable under the ADA. McDonald v. Commonwealth of Massachusetts, 901 F.Supp. 471, 479
(D.Mass.1995) AFFIRMED. ERVIN and DAVIS, JJ., concur.
196-CITE: 629 So.2d 226 Edwin D. MACMILLAN, Appellant, v. NASSAU COUNTY SCHOOL BOARD, Appellee.
TEXT: PER CURIAM. Appellant, Edwin MacMillan, is a former teacher of mathematics at Hilliard
Middl...rections to reinstate MacMillan to his former position with full back pay and other benefits
plus interest. MINER, WEBSTER and MICKLE, JJ., concur.
197-CITE: 659 So.2d 235 Scott Paul BOUTERS, Petitioner, v. STATE of Florida, Respondent
TEXT: SHAW, Justice. We have for review Bouters v. State, 634 So.2d 246 (Fla. 5th DCA 1994),
where...lly concurring). ------------ (FN2) They are at issue in some of the companion cases. (FN3)
We obviously are not addressing that issue in this case.
198-CITE: 695 So.2d 759 Emma POSIK, Appellant, v. Nancy L.R. LAYTON, Appellee.
TEXT: HARRIS, Judge. Emma Posik and Nancy L.R. Layton were close friends and more. They entered
in...is agreement was the delivery and payment for a sexual relationship or a same sex marriage,
both of which are not recognized by the laws of Florida.
199-CITE: 536 So.2d 1067 CBS, INC. and Victoria M. Corderi, Petitioners, v. Honorable Wayne L. COBB,
Circuit Judge, Sixth Judicial Circuit; Robert Joe Long and State of Florida, Respondents.
TEXT: PER CURIAM. CBS, Inc. and reporter Victoria Corderi seek an emergency writ of certiorari to
...f commendation. Petition denied. CAMPBELL, C.J., and HALL and THREADGILL, JJ., concur.
------------ (FN4) Black s Law Dictionary 44 (5th Ed.1979).
200-CITE: 458 So.2d 53 James REAVES, Appellant, v. The STATE of Florida, Appellee.
TEXT: DANIEL S. PEARSON, Judge. We hold that the defendant s statements, suppressed for the sole
r... supra, 346 So.2d at 1025 (Overton, C.J., concurring). For the foregoing reasons, I would
reverse the judgment appealed and remand for a new trial.
201-CITE: 621 So.2d 417 Dee Ann MIZE, Petitioner, v. Danny Wade MIZE, Respondent.
TEXT: PER CURIAM. We have for review Mize v. Mize, 589 So.2d 959 (Fla. 5th DCA 1991), based on
con.... (FN22) See supra note 17. *426 shared parenting and frequent and continuing contact with
both parents --a fact long recognized by our Legislature.
202-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.
203-CITE: 710 So.2d 961 AMENDMENT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.220(h)(1).
TEXT: PER CURIAM. The Criminal Procedure Rules Committee, in response to a request from this
Court...wrong, or act about which testimony will be given rather than the witness s relationship to
the crime with which the defendant is currently charged.
204-CITE: 579 So.2d 97 BAPTIST HOSPITAL OF MIAMI, INC., Petitioner, v. James MALER, Jr., etc., et al.,
Respondents.
TEXT: PER CURIAM. We have for review Maler ex rel. Maler v. Baptist Hospital of Miami, Inc., 559
S...ed to eliminate the impropriety, in the manner I have stated above. In all other respects, I
concur in the majority opinion. HARDING, J., concurs.
205-CITE: 543 So.2d 813 GULF MAINTENANCE & SUPPLY, INC., C.M. Mihalich and Henry H. Brewer, Appellants,
v. BARNETT BANK OF TALLAHASSEE, Appellee.
TEXT: ZEHMER, Judge. This is an appeal from an order denying a motion seeking relief from a
defaul...the ascertainment of their exact sum requires the taking of testimony to ascertain facts
upon which to base a value judgment. 432 So.2d at 662-63.
206-CITE: 634 So.2d 649 Carol NADEAU, Appellant, v. Oscar COSTLEY, Carnival Cruise Lines, Inc., a
Panamanian corporation, and Captain Angelo Los, Appellees.
TEXT: PER CURIAM. The instant appeal from a summary final judgment arises out of a lawsuit filed
b...hat appellant s claims for misrepresentation and false advertising are revived by this reversal.
DELL, C.J., and GLICKSTEIN and POLEN, JJ., concur.
207-CITE: 724 So.2d 1162 AMENDMENT TO FLORIDA RULES OF CRIMINAL PROCEDURE 3.220(h) and 3.361.
TEXT: PER CURIAM. The Criminal Procedure Rules Committee, in response to a request from this
Court...cement by the person in whose behalf the subpoena is issued of the reasonable cost of
producing the books, papers, documents, or tangible things.___
208-CITE: 721 So.2d 705 THE FLORIDA BAR, Complainant, v. Louis VERNELL, Jr., Respondent.
TEXT: PER CURIAM. We have for review the report of the referee regarding alleged ethical
violation...$5,030.18, for which sum let execution issue. It is so ordered. HARDING, C.J., and
OVERTON, SHAW, KOGAN, WELLS, ANSTEAD and PARIENTE, JJ., concur.
209-CITE: 636 So.2d 761 FLORIDA GAME AND FRESH WATER FISH COMMISSION, Appellant, v. FLOTILLA, INC., a
Florida, corporation, Appellee.
TEXT: FRANK, Chief Judge. This appeal originated in a nonfinal order imposing liability upon the
F... an undivided parcel, we conclude that Flotilla s property was not inversely condemned.
Accordingly, we reverse. RYDER and PATTERSON, JJ., concur.
210-CITE: 687 So.2d 1346 SUGARMILL WOODS CIVIC ASSOCIATION, INC. f k a Cypress & Oaks Villages
Association, Inc. and Spring Hill Civic Association, Appellant, v. SOUTHERN STATES UTILITIES and
Florida Public Service Commission, Appellees. HERNANDO COUNTY, Appellant, v. SOUTHERN STATES
UTILITIES and Florida Public Service Commission, Appellees.
TEXT: DAVIS, Judge. Appellants, Sugarmill Woods Civic Association (Sugarmill), Spring Hill Civic
A...motion to quash subpoenas duces tecum and for protective order. We REVERSE the order adopting
uniform statewide rates. ERVIN and KAHN, JJ., concur.
211-CITE: 671 So.2d 840 CHURCH OF SCIENTOLOGY FLAG SERVICE, etc., et al., Petitioners, v. Samuel W.
WILLIAMS, O.D., et al., Respondents.
TEXT: GRIFFIN, Judge. Petitioner, Church of Scientology FLAG Service Organization, Inc., seeks
cer...osure of the information was raised for the first time in petitioners post-hearing memoranda.
Thus, I would deny the petition of certiorari in toto.
212-CITE: 649 So.2d 897 Clifford HOPE, Appellant, v. NATIONAL ALLIANCE OF POSTAL AND FEDERAL EMPLOYEES,
JACKSONVILLE LOCAL NO. 320, a labor organization, Appellee.
TEXT: WOLF, Judge. Clifford Hope appeals from a final summary judgment in favor of the defendant
i...ier v. Hamilton Standard Elec. Systems, Inc., 748 F.Supp. 296 (E.D.Pa.1990), there is no
evidentiary support for such a finding in the instant case.
213-CITE: 480 So.2d 1360 The SCHOOL BOARD OF POLK COUNTY, Appellant, v. POLK EDUCATION ASSOCIATION, INC.
and the Florida Public Employees Relations Commission, Appellees.
TEXT: WENTWORTH, Judge. The School Board of Polk County appeals a Public Employees Relations
Commi...r perhaps the school board will now allocate duties involving labor management negotiations
and contract administration to the area superintendents.
214-CITE: 646 So.2d 173 In re Inquiry Concerning a Judge No. 93-353 re Mary Jean McALLISTER.
TEXT: PER CURIAM. The Florida Judicial Qualifications Commission (Commission) recommends that
this...n this opinion becoming final. It is so ordered. GRIMES, C.J., and SHAW, KOGAN, HARDING,
WELLS and ANSTEAD, JJ., concur. OVERTON, J., is recused.
215-CITE: 748 So.2d 1095 Angela D. PESCOD, James Strickland and Laura A. Strickland, Appellants, v.
WELLS ROAD VETERINARY MEDICAL CENTER, INC., Appellee.
TEXT: JOANOS, J. Appellants seek review of a non-final order in which the trial court granted
appe...protected rights to free speech and assembly. Because the majority declines to address the
merits of appellants arguments, respectfully, I dissent.
216-CITE: 696 So.2d 399 David KIDWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. At bottom, the issue raised in this contempt proceeding is identical to that
...v. denied, 682 So.2d 1099 (Fla.1996). If it were not for that decision I would hold that there is
a qualified privilege subject to a balancing test.
217-CITE: 550 So.2d 1097 In re AMENDMENT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.220 (DISCOVERY).
TEXT: PER CURIAM. Pursuant to a Concurrent Resolution from the Florida Legislature (FN1)
requestin...osals. I would leave rule 3.220, as it pertains to discovery depositions in criminal
cases, substantially unchanged. SHAW and BARKETT, JJ., concur.
218-CITE: 503 So.2d 340 Edward Fletcher EYSTER, Appellant, v. Caroline H. EYSTER, Appellee.
TEXT: SMITH, Judge. The petitioner (ex-husband) seeks a writ of certiorari, directed to the trial
...er and is sought primarily for purposes of harassment. Accordingly, I would grant the motions for
rehearing for the reasons set forth in my dissent.
219-CITE: 652 So.2d 354 Derrick A. POWELL and Eugenia Powell, Petitioners, v. ALLSTATE INSURANCE
COMPANY, a foreign corporation, Respondent.
TEXT: ANSTEAD, Justice. We have for review Powell v. Allstate Insurance Co., 634 So.2d 787 (Fla.
5... of Miami v. Cornett, 463 So.2d 399 (Fla. 3d DCA) (upholding right to an impartial jury in a
civil case), cause dismissed, 469 So.2d 748 (Fla.1985).
220-CITE: 713 So.2d 1040 Elizabeth A. DOYLE, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, Appellee.
TEXT: VAN NORTWICK, Judge. Elizabeth A. Doyle appeals a final order of the Public Employees
Relati...sition of the penalty of dismissal based thereon, and REMAND for further proceedings
consistent with this opinion. BOOTH and PADOVANO, JJ., concur.
221-CITE: 550 So.2d 450 Doy James CHRISTIAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Doy Christian appeals his conviction of first-degree murder and sentence of
deat...soned judgment based on the circumstances of this murder and Christian s character, and the
trial court properly overrode the jury s recommendation.
222-CITE: 512 So.2d 1051 Alphonse DELLA-DONNA, Appellant, v. NOVA UNIVERSITY, INC., a Florida
corporation not for profit; Dr. Abraham S. Fischler; Dr. Alexander Schure; Terrence J. Russell, Dr.
David G. Salten; James Richard Holmes, Jr.; and Karen Coolman Holmes, Appellees.
TEXT: GUNTHER, Judge. Alphonse Della-Donna (Della-Donna) appeals four final summary judgments for
...efendants and the partial summary judgment entered in favor of Nova, Fischler, Schure, and
Salten. AFFIRMED. HERSEY, C.J., and DOWNEY, J., concur.
223-CITE: 747 So.2d 386 Anthony R. MARTIN, Petitioner, v. STATE of Florida, Respondent. Anthony R.
Martin, Petitioner, v. Walter Colbath, et al., Respondents.
TEXT: ORDER DENYING MOTION FOR REVIEW BY THE COURT EN BANC, ORDER DENYING MOTION FOR REHEARING,
AND... shall be immediately dismissed. It is so ordered. HARDING, C.J., and SHAW, WELLS, ANSTEAD,
LEWIS and QUINCE, JJ., concur. PARIENTE, J., recused.
224-CITE: 724 So.2d 1153 AMENDMENT TO THE FLORIDA RULES OF JUVENILE PROCEDURE--RULE 8.060.
TEXT: PER CURIAM. The Juvenile Court Rules Committee, in response to a request from this Court,
ha...te. Court Commentary 1996 Amendment. This amendment generally conforms the rule to the 1996
amendment to Florida Rule of Criminal Procedure 3.220.
225-CITE: 757 So.2d 1246 Brian SLOCUM, Appellant, v. STATE of Florida, Appellee.
TEXT: GROSS, J. On Saturday morning, October 18, 1997, two-year-old Brittany Vinson drowned in
her... v. State, 524 So.2d 422, 423-24 (Fla.1988). Also, we find no merit in appellant s corpus
delecti argument. AFFIRMED. DELL and POLEN, JJ., concur.
226-CITE: 615 So.2d 768 SENTINEL COMMUNICATIONS COMPANY, et al., Petitioners, v. Hon. John W. WATSON,
III, Circuit Court Judge, etc., Respondent.
TEXT: HARRIS, Judge. The issue before us, as it was before the trial court, is how best to
reconci...to protection against disclosure. REVERSED and REMANDED for further proceedings
consistent with this opinion. PETERSON and DIAMANTIS, JJ., concur.
227-CITE: 681 So.2d 666 In re AMENDMENT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.220(h) AND FLORIDA RULE
OF JUVENILE PROCEDURE 8.060(d). In re Amendment to Florida Rule of Criminal Procedure 3.220(h).
TEXT: PER CURIAM. In response to our opinion of December 21, 1995, the Criminal and Juvenile
Proce...t Commentary___ ___1996 Amendment. This amendment generally conforms the rule to the 1996
amendment to Florida Rule of Criminal Procedure 3.220.___
228-CITE: 752 So.2d 561 The GOLF CHANNEL, etc., Petitioner, v. Martin JENKINS, Respondent.
TEXT: PARIENTE, J. We have for review the opinion in Jenkins v. Golf Channel, 714 So.2d 558 (Fla.
... a belated opportunity to cure. I believe that section 448.103(1)(c) makes the notice
requirement applicable to all subsections of section 448.102.
229-CITE: 701 So.2d 545 Thomas James MOORE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We have on appeal the judgment and sentence of the trial court imposing the
deat...mitigation to the aggravation side of the scales, especially when this assertion is given
legitimacy by the trial court s rejection of an objection.
230-CITE: 498 So.2d 1270 Michele BERNSTEIN n k a Michele Alexanne, Appellant Cross Appellee, v. Richard
BERNSTEIN, Appellee Cross Appellant.
TEXT: HERSEY, Chief Judge, for the Court, EN BANC. Michele Bernstein, n k a Michele Alexanne,
appe...ct modification as of the time of the filing of the petition for modification, August 1984,
so as not to penalize the child for the passage of time.
231-CITE: 612 So.2d 549 POST-NEWSWEEK STATIONS, FLORIDA INC., The Miami Herald Publishing Company, News
and Sun-Sentinel Company, and NBC Subsidiary (WTVJ-TV), Inc., Petitioners Cross-respondents, v. John
DOE, et al., Respondents Cross-petitioners.
TEXT: McDONALD, Justice. We review Doe v. State, 587 So.2d 526, 528-29 (Fla. 4th DCA 1991), in
whi... in *555 a lawful proceeding is another matter altogether, because the State s interest in
enforcing its laws and investigating crime is compelling.
232-CITE: 561 So.2d 577 The MIAMI HERALD PUBLISHING CO., etc., et al., Petitioners, v. Aristides
MOREJON, Respondent.
TEXT: McDONALD, Justice. We review Miami Herald Publishing Co. v. Morejon, 529 So.2d 1204 (Fla.
3d...rests clearly are implicated here, but that a proper *583 balancing of the interests weighs
against a qualified privilege under the facts presented.
233-CITE: 745 So.2d 378 DEPARTMENT OF REVENUE, Appellant, v. Victor NOVOA, Anna Socarras Enrique
Altuzarra, and Lander Carn, Appellees.
TEXT: PADOVANO, J. This is an appeal from a final order by an administrative law judge
invalidatin... memorandum exception for the first time today. On the basis of stare decisis, and in
the absence of clarifying legislation, I respectfully dissent.
234-CITE: 750 So.2d 93 Brenda Diana CHASE, Appellant, v. WALGREEN COMPANY, etc., Appellee.
TEXT: GRIFFIN, J. Brenda Diana Chase [ Chase ] appeals a final order of dismissal of her claim
for...that the legislature intended for the circuit courts of this state to regulate the ongoing
employment relationship between an employer and employee.
235-CITE: 667 So.2d 315 Frederick CHAMPLOVIER, Appellant Cross-Appellee, v. CITY OF MIAMI, Appellee
Cross-Appellant.
TEXT: EN BANC PER CURIAM. Frederick Champlovier was injured in 1978 in a compensable accident.
Hi...es retroactively. City of Miami v. Bell, 634 So.2d 163 (Fla.1994). The present appeal was in
the pipeline when the decision in Bell was handed down.
236-CITE: 619 So.2d 231 Renetha C. WYCHE, Petitioner, v. STATE of Florida, Respondent.
TEXT: BARKETT, Chief Justice. We have for review Wyche v. State, 573 So.2d 953 (Fla. 2d DCA
1991),...prohibited. For these reasons, I respectfully dissent and would answer the certified
question in the affirmative. OVERTON and GRIMES, JJ., concur.
237-CITE: 505 So.2d 489 SOUTHERN ALLIANCE CORPORATION, Appellant, v. THE CITY OF WINTER HAVEN, a
municipal corporation, and Paul H. Stanley, Ron Martin, Charles Brown, Dale McDonald, Mary Mariani,
Richard Murphy, and Harold Parker, jointly and severally, Appellees.
TEXT: SANDERLIN, Judge. This is an appeal from a final order which dismissed with prejudice
appell...and with directions to reinstate those counts, and for further proceedings consistent with
this opinion. SCHOONOVER, A.C.J., and LEHAN, J., concur.
238-CITE: 501 So.2d 613 Carl VIZZI, Appellant, v. The STATE of Florida, Appellee.
TEXT: HUBBART, Judge. This is an appeal from an adjudication and sentence for direct criminal
cont...tion. See Fla.R.Crim.P. 3.800(b). III For the above-stated reasons, the criminal contempt
conviction under review, is, in all respects, Affirmed.
239-CITE: 564 So.2d 1118 SUBURBAN PROPANE, Appellant, v. The ESTATE OF Ralph PITCHER, Appellee.
TEXT: PER CURIAM. Petitioner, Suburban Propane, the employer carrier (E C) in this workers
compens...ioner has failed to make any demonstration that would justify the exercise of this court s
discretion to review the order in question by certiorari.
240-CITE: 576 So.2d 758 Anthony T. BARNES, Appellant, v. STATE of Florida, Appellee.
TEXT: MINER, Judge. Anthony T. Barnes seeks reversal of his enhanced sentence as an habitual
felon...sed in the unambiguous language of the statute itself. Graham v. State, 472 So.2d 464
(Fla.1985). BOOTH, JOANOS, NIMMONS and BARFIELD, JJ., concur.
241-CITE: 549 So.2d 652 Hector FUENTE, Appellant, v. STATE of Florida, Appellee.
TEXT: EHRLICH, Chief Justice. Hector Fuente appeals his conviction of first-degree murder and
sent.... It is so ordered. OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
------------ (FN6) Tedder v. State, 322 So.2d 908 (Fla.1975).
242-CITE: 455 So.2d 373 Dean FORSBERG and Walter Freeman, Appellants, v. The HOUSING AUTHORITY OF the
CITY OF MIAMI BEACH and Murray Gilman, Executive Director, Appellees.
TEXT: PER CURIAM. Dean Forsberg and Walter Freeman, tenants in public housing operated by the
Miam...so Cox Broadcasting Corp. v. Cohn, 420 U.S. 469, 95 S.Ct. 1029, 43 L.Ed.2d 328 (1975);
Restatement (Second) of Torts, Section 652B comment c (1976).
243-CITE: 505 So.2d 1371 Dorothy ZIMMERMAN, Irvin Einiger, Vinnie Grillo and Bob Defroscia, Appellants,
v. D.C.A. AT WELLEBY, INC., Appellee.
TEXT: HERSEY, Chief Judge. D.C.A. at Welleby, Inc. (DCAWI) obtained a temporary injunction
prohibi...s erroneously cited having been reversed at 482 Pa. 377, 393 A.2d 1155 (Pa.1978). My
colleague thoughtfully omitted to mention my oversight therein.
244-CITE: 700 So.2d 191 Tara M. FORD, Appellant, v. Jay Alan FORD, Appellee.
TEXT: POLEN, Judge. Tara Ford appeals a final judgment of dissolution that awarded primary
residen... REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.
PARIENTE, J., and TAYLOR, CAROLE Y., Associate Judge, concur.
245-CITE: 696 So.2d 697 Eileen ROSEN, Petitioner, v. Gene ROSEN, Respondent.
TEXT: PER CURIAM. We have for review Rosen v. Rosen, 659 So.2d 368 (Fla. 3d DCA 1995) (Rosen VI),
...to bring such claims because of the lack of resources. For these reasons, I dissent from the
majority s holding on this issue. GRIMES, J., concurs.
246-CITE: 574 So.2d 124 STATE of Florida, Appellant, v. Thewell Eugene HAMILTON, Appellee.
TEXT: KOGAN, Justice. The state appeals an order granting a new penalty phase in the capital
trial...ly, this conclusion might be different if the magazines dealt with legal or factual matters
that might be deemed to have some relevance to the case.
247-CITE: 554 So.2d 1153 Terrance BOSTICK, Petitioner, v. STATE of Florida, Respondent.
TEXT: BARKETT, Justice. We have for review Bostick v. State, 510 So.2d 321 (Fla. 4th DCA 1987),
in... this case the trial judge found that the consent to search had been voluntarily given. I
respectfully dissent. OVERTON and McDONALD, JJ., concur.
248-CITE: 630 So.2d 1048 STATE of Florida, Petitioner, v. Earl R. BAMBER, Respondent.
TEXT: SHAW, Justice. We have for review State v. Bamber, 592 So.2d 1129 (Fla. 2d DCA 1991), based
...ra, Armenteros, Thomas, and Bell. See supra note 1. To the extent it endorses the blanket
approach for no-knock searches, we also disapprove Clarke.
249-CITE: 688 So.2d 361 Christopher C. MASON, D.P.M., P.A., Appellant Cross-Appellee. v. PORSCHE CARS OF
NORTH AMERICA, INC., et al., Appellees Cross-Appellants.
TEXT: GRIFFIN, Judge. This is the second appearance in this court of a proceeding brought
pursuant...or Co., 683 So.2d 1158 (3d DCA 1996). (FN5) We find no error in the directed verdict
against Mason on his counterclaim for revocation of acceptance.
250-CITE: 616 So.2d 562 FLORIDA FERN GROWERS ASSOCIATION, INC., et al., Appellants, v. CONCERNED
CITIZENS OF PUTNAM COUNTY, etc., et al., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from an order dismissing with prejudice appellant Florida
...llant s amended complaint with prejudice, we reverse and remand for further proceedings.
REVERSED and REMANDED. HARRIS and DIAMANTIS, JJ., concur.
251-CITE: 626 So.2d 1338 STATE of Florida, Petitioner, v. Rufus FORD, Respondent.
TEXT: HARDING, Judge. We have for review Ford v. State, 592 So.2d 271 (Fla. 2d DCA 1991), which
ex...directions that the case be remanded for a new trial. It is so ordered. BARKETT, C.J., and
OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.
252-CITE: 710 So.2d 618 George W. SCHOLZ, Appellant Cross-Appellee, v. RDV SPORTS, INC., etc., et al.,
Appellees Cross-Appellants.
TEXT: ON MOTION FOR REHEARING ANTOON, Judge. After reviewing the parties motions for rehearing,
w...matter for further proceedings. In all other respects, we affirm. AFFIRMED in part; REVERSED in
part; REMANDED. W. SHARP and GOSHORN, JJ., concur.
253-CITE: 467 So.2d 798 SOUTH FLORIDA BLOOD SERVICE, INC., Petitioner, v. Donald RASMUSSEN, Respondent.
TEXT: NESBITT, Judge. South Florida Blood Service, Inc. (SFBS) seeks review, by way of a petition
...ustained in an accident may discover the names and addresses of the blood donors in an action
against the party allegedly liable for the accident?
254-CITE: 579 So.2d 86 Richard Earl SHERE, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: BARKETT, Justice. Richard Earl Shere, Jr., appeals his conviction of first-degree murder
and...ated above, we affirm the conviction and sentence of death. It is so ordered. *97 SHAW,
C.J., and OVERTON, McDONALD, GRMES and KOGAN, JJ., concur.
255-CITE: 753 So.2d 1244 Anthony Braden BRYAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Anthony Braden Bryan, a prisoner scheduled for execution on February 24, 2000,
h...ion is denied. It is so ordered. HARDING, C.J., and SHAW, WELLS, LEWIS and QUINCE, JJ.,
concur. ANSTEAD and PARIENTE, JJ., concur in result only.
256-CITE: 630 So.2d 1072 STATE OF FLORIDA, Petitioner, v. Richard STALDER, Respondent. STATE of Florida,
Petitioner, v. Evan Dean LEATHERMAN, Respondent.
TEXT: SHAW, Justice. We have for review a trial court order declaring section 775.085, Florida
Sta...uld respect the separation of powers embodied in our constitution and would save the Court
from legislating from the bench. BARKETT, C.J., concurs.
257-CITE: 600 So.2d 490 Louis POLIZZI, Appellant, v. Jennifer L. POLIZZI, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal in a marriage dissolution case. Because the trial and the
...either party should be put to the trouble, harassment and expense of a new trial on all issues
(save the dissolution of their marital relationship).
258-CITE: 720 So.2d 220 STATE of Florida, Petitioner, v. Merlan DAVIS, Respondent.
TEXT: OVERTON, Justice. We have for review Davis v. State, 692 So.2d 924 (Fla. 2d DCA 1997), in
wh...tatute. Finally, based upon the trial court s application of the balancing test, it is my
conclusion that the trial judge in this case did not err.
259-CITE: 444 So.2d 465 DADE COUNTY POLICE BENEVOLENT ASSOCIATION, Appellant, v. CITY OF HOMESTEAD and
the Public Employees Relations Commission, Appellees.
TEXT: JORGENSON, Judge. The Dade County Police Benevolent Association [the PBA] appeals that
porti...grounds that the activity was unauthorized. Based on the foregoing, I would affirm the
order under review as well as the compensatory damage award.
260-CITE: 659 So.2d 295 Gregg F. BAILEY and Lizzie Shirley Bailey, Appellants, v. BOARD OF COUNTY
COMMISSIONERS, et al., Appellees.
TEXT: SMITH, Senior Judge. The Baileys appeal a final judgment dismissing their multi-count
compla...ut prejudice, and appellants shall be entitled, if they choose, to file an amended
complaint on that cause of action. ERVIN and ALLEN, JJ., concur.
261-CITE: 704 So.2d 107 Robert R. GORDON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We have on appeal the judgment and sentence of the trial court imposing the
deat...nviction and sentence of death. It is so ordered. KOGAN, C.J., OVERTON, SHAW, HARDING,
WELLS and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.
262-CITE: 752 So.2d 42 FRIENDS OF NASSAU COUNTY, INC., Sherry Bevis, Charles E. Commander, and David A,
Theriaque, Appellants, v. NASSAU COUNTY, Florida, St. Johns River Water Management District, and
Fisher Development Company, Appellees.
TEXT: BENTON, J. Friends of Nassau County, Inc., (Friends) and Sherry Bevis, Friends president
and...easons, I conclude that the administrative law judge did not abuse her discretion by imposing
sanctions under section 120.57(1)(b)5. I would affirm.
263-CITE: 608 So.2d 478 In re: AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE.
TEXT: PER CURIAM. The Juvenile Court Rules Committee of The Florida Bar has petitioned this Court
...disposition: . . . . . ORDERED at . . . . ., . . . . . County, Florida, on . . . . ., 19 . . .
________________________ Circuit Judge
264-CITE: 571 So.2d 451 THE FLORIDA BAR: PETITION TO AMEND THE RULES REGULATING THE FLORIDA
BAR--ADVERTISING ISSUES.
TEXT: OVERTON, Justice. The Florida Bar has petitioned the Court to amend the rules regulating
att...annot say that these regulations are sufficiently narrow to comply with the requirements of
the first amendment. SHAW, C.J., and KOGAN, J., concur.
265-CITE: 643 So.2d 1037 In Re CODE OF JUDICIAL CONDUCT.
TEXT: OVERTON, Justice. We have for adoption a new Code of Judicial Conduct to replace the
present...udge may, notwithstanding the prohibitions in Section 5D(3), continue in that activity for
a reasonable period but in no event longer than one year.
266-CITE: 658 So.2d 903 THE FLORIDA BAR RE: AMENDMENTS TO RULES REGULATING THE FLORIDA BAR.
TEXT: PER CURIAM. The Florida Bar, as part of its annual review and with the authorization of the
... the unlicensed practice of law. (k) The Board or Board of Governors. The board or board of
governors is the board of governors of The Florida Bar.
267-CITE: 606 So.2d 227 IN RE: AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE.
TEXT: PER CURIAM. The Florida Rules of Criminal Procedure Committee petitions this Court to
approv...e consistently held such a condition of sentence is not authorized by statute. See, e.g.,
McDonald v. State, 321 So.2d 453, 458 (Fla. 4th DCA 1975).
268-CITE: 494 So.2d 977 THE FLORIDA BAR RE RULES REGULATING THE FLORIDA BAR.
TEXT: PER CURIAM. In November 1984 this Court heard oral argument in case numbers 65,197 and
65,87... (b) The Supreme Court of Florida or the approved legal aid organization may, at any time,
with or without cause, withdraw certification hereunder.
