Losing a job
Results 1-557
1-CITE: 507 So.2d 732 David L. HEILMAN, Appellant, v. AMERIFIRST SAVINGS & LOAN and Classical
Development Corp., Appellees.
TEXT: PER CURIAM. We sua sponte dismiss this appeal having determined that the issue raised
herein...representations of his client. See Whitten v. Progressive Casualty Insurance Co., 410 So.2d
501 (Fla.1982). DOWNEY, ANSTEAD and STONE, JJ., concur.
2-CITE: 547 So.2d 1299 DISPOSALL INC., Appellant, v. Robert D. WILSON, et al., Appellees.
TEXT: GOSHORN, Judge. This appeal concerns the assessment of attorney s fees against Disposall
Inc...e a substitution of parties as provided for in Fla.R.Civ.P. 1.260. Rather, the party remained
the same, only a correction of its name was attempted.
3-CITE: 696 So.2d 376 Felton Emory JOHNS, Sr., Appellant, v. Wayne L. SENN, Appellee.
TEXT: PER CURIAM. Appellant seeks review of two orders of the trial court. The first order
granted...is cause is affirmed with respect to the first issue, and is reversed with respect to the
second issue. JOANOS, WOLF and VAN NORTWICK, JJ., concur.
4-CITE: 533 So.2d 908 George H. KHOURY, Lawrence Khoury, Georgette King, and Eleanor Sedar,
Appellants, v. ESTATE OF Rose K. KASHEY, Appellee.
TEXT: JORGENSON, Judge. Upon a finding that the will contestants who petitioned to revoke the
prob...but also the client s endorsement of the disclosure and the continuing representation. Ward,
472 So.2d at 1162. The order under review is affirmed.
5-CITE: 533 So.2d 317 HOME INDEMNITY, INC., Appellant, v. FLOYD BECK TRUCKING, INC., Appellee.
TEXT: SHARP, Chief Judge. Home Indemnity, Inc., appeals from a final judgment which awarded Floyd
...te lack of justiciable issue is justified in cases where the attempt to create a controversy is
frivolous. AFFIRMED. COBB and COWART, JJ., concur.
6-CITE: 473 So.2d 5 Francis J. McNEE and Gladys S. McNee, his wife, Petitioners, v. G. Robert BIZ,
Respondent.
TEXT: PER CURIAM. The circuit court, sitting in its appellate capacity, awarded attorney s fees
to...act and awarded attorney s fees. Accordingly, we grant certiorari and quash the award of
attorney s fees. ANSTEAD, HURLEY and WALDEN, JJ., concur.
7-CITE: 605 So.2d 871 Fred GANZ, etc., Petitioner, v. HZJ, INC., etc., Respondent.
TEXT: PER CURIAM. We review Ganz v. HZJ, Inc., 595 So.2d 1081, 1083 (Fla. 3d DCA 1992), in which
t...s remained substantially unchanged from its enactment in 1978. Compare ch. 78-275, Section 1,
Laws of Fla. with Section 57.105(1), Fla.Stat. (1991).
8-CITE: 534 So.2d 848 Jorge E. MUNIZ, Appellant, v. Marie E. SAMERO, Appellee.
TEXT: COBB, Judge. The plaintiff below, Marie Samero, filed an action against Jorge Muniz for
repl..., however, that the losing party s attorney is not personally responsible if he has acted in
good faith, based on the representations of his client.
9-CITE: 560 So.2d 246 Luis M. CABRAL, Appellant, v. DIVERSIFIED SERVICES, INC., d b a Budget
Rent-A-Car of Miami, Inc., Appellee.
TEXT: PER CURIAM. Cabral appeals an order denying his motion for relief from default judgment. We
... however, that the losing party s attorney is not personally responsible if he has acted in good
faith, based on the representation of his client.
10-CITE: 738 So.2d 515 H.J.J., INC., a Florida corporation, Appellant, v. PARTY PRODUCTIONS, II, INC.
and Fred D. Productions, Inc., a Florida corporation, Appellee.
TEXT: PER CURIAM. H.J.J., Inc. ( HJJ ), the plaintiff below, appeals an order granting attorneys
f...it was filed. See Section 57.105(1), Fla.Stat.(1997). Accordingly, the trial court s award of
attorneys fees to PPII and FDP is reversed. Reversed.
11-CITE: 687 So.2d 954 PLAYTIME OF BREVARD, INC., Appellant, v. BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, FLORIDA, et al, Appellee.
TEXT: THOMPSON, Judge. Playtime of Brevard, Inc. ( Playtime ), appeals the final order denying
Pla...ourt ruled in the County s favor indicates that the defenses had merit when they were
presented. AFFIRMED. PETERSON, C.J., and ANTOON, J., concur.
12-CITE: 598 So.2d 218 Carol LeGRAND and Donald Lee LeGrand, Appellants, v. Charles S. DEAN, as Sheriff
of Citrus County, Florida, Appellee.
TEXT: COBB, Judge. The appellants, Carol and Donald LeGrand, are appealing a judgment for
attorney...nd Florin, and reverse the $8,120.00 award for appellate fees. AFFIRMED IN PART;
REVERSED IN PART; AND REMANDED. HARRIS and PETERSON, JJ., concur.
13-CITE: 534 So.2d 896 Louis PIANCONE, Appellant, v. ENGINEERING DESIGN, INC., Appellee.
TEXT: DANIEL, Judge. Louis Piancone appeals an order awarding attorney s fees to Engineering
Desig...cted to an award of attorney s fees. Because of our conclusion above, we need not address
this issue. REVERSED. SHARP, C.J., and COBB, J., concur.
14-CITE: 566 So.2d 527 V. Ardelle SOUTHFORD, Nora Lee Eberlein, Major John K. Hahn, Dennis Eberlein,
Richard Eberlein, Carol Lee Guguluizzo, Deborah Eberlein and John J. Southford, Individually, and as
Trustee of the John G. Hahn Revocable Living Trust, Appellants, v. Catherine A. HATTON, Appellee.
TEXT: RYDER, Judge. John J. Southford appeals the trial court s final order denying him costs and
...finds that there was a complete absence of a justiciable issue of either law or fact raised by
the complaint or defense of the losing party. . . .
15-CITE: 539 So.2d 602 Mortimer MEYER, Rodney R. Young, Jr., George Jack, Doris S. Brown, Eleanor Bruce
Milton Simon and Samuel Miller, Appellants, v. Philip J. SCUTIERI, Jr., Joan Adubato, Frank Adubato,
Joan Warger, Albert Perez, Pan American Bank, N.A., as Trustee and Sunrise Point, Inc., Appellees.
TEXT: PER CURIAM. This is an appeal by Mortimer Meyer and certain other condominium unit owners
at... attorney s fee award in accordance with the Florida Condominium Statute. Sections 718.115(2),
718.119(1), Fla.Stat. (1987). REVERSED AND REMANDED.
16-CITE: 522 So.2d 109 DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, etc., Appellant, v. Jerome
Ferdinand DUBAY, Appellee.
TEXT: COBB, Judge. The issue in this case is whether the trial court erred in determining that
the..., however, that the losing party s attorney is not personally responsible if he has acted in
good faith, based on the representations of his client.
17-CITE: 709 So.2d 625 SUNSHINE BOATING CENTER, INC., Appellant, v. Rozalia HEUER, Appellee.
TEXT: FARMER, Judge. Plaintiff sued a boat seller, alleging that defendant failed to deliver a
boa...). REVERSED. GUNTHER and KLEIN, JJ., concur. ------------ (FN1) A general denial does
nothing more than tell plaintiff to prove the claim alleged.
18-CITE: 447 So.2d 1023 FIREMAN S FUND INSURANCE COMPANIES, Appellant, v. Ada ROJAS, Appellee.
TEXT: SCHWARTZ, Chief Judge. After our reversal and remand in Fireman s Fund Ins. Co. v. Rojas,
40... the determination that the plaintiff s position was not an entirely frivolous one. Hernandez
v. Leiva, 391 So.2d 292 (Fla. 3d DCA 1980). Reversed.
19-CITE: 553 So.2d 368 SUN BANK OF OCALA, Appellant, v. Jacques FORD, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an award of attorneys fees. The issue in this case
i...d DCA 1987). *369 The order denying an enhancement of attorneys fees is affirmed. AFFIRMED.
SHARP, J., and MILLER, J.D., Associate Judge, concur.
20-CITE: 508 So.2d 553 W. Michael CONNELLY, Mary M. Connelly, Michael Connelly and Linda Connelly,
Appellants, v. GLENDALE FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellee.
TEXT: GUNTHER, Judge. We reverse the summary final judgment of foreclosure on the authority of
Gut...e paid to the prevailing party in equal amounts by the losing party and the losing party s
attorney. . . . (Emphasis added.) REVERSED AND REMANDED.
21-CITE: 528 So.2d 557 CORAL SPRINGS ROOFING COMPANY, INC., Appellant, v. Mr. G.S. CAMPAGNA, Appellee.
TEXT: FASTRACK APPEAL PER CURIAM. This is a Fastrack appeal from an order rendered on December
23...awarded attorney s fees. Accordingly, we grant certiorari and quash the award of attorney s
fees. HERSEY, C.J., and DOWNEY and LETTS, JJ., concur.
22-CITE: 648 So.2d 305 BAY FINANCIAL SAVINGS BANK, F.S.B., f k a Bay Federal Savings Bank, Appellant,
v. Donald E. HOOK, Appellee.
TEXT: FRANK, Chief Judge. Bay Financial Savings Bank (the Bank) obtained a final default judgment
...So.2d 1145 (Fla.1985), modified on other grounds by Standard Guar. Ins. Co. v. Quanstrom, 555
So.2d 828 (Fla.1990). PARKER and QUINCE, JJ., concur.
23-CITE: 648 So.2d 137 James Norman ELLIOTT, Jr., Appellant, v. Jane L. ELLIOTT, Appellee.
TEXT: ON RESPONSE TO ORDER TO SHOW CAUSE MAGER, GERALD, Senior Judge. In this court s opinion on
...asoned counsel, who may find themselves in the appellate arena--and on the losing side. HERSEY,
J., and HARRY LEE ANSTEAD, Associate Judge, concur.
24-CITE: 530 So.2d 456 Ronald N. SCHWARTZ, Appellant, v. W-K PARTNERS, et al., Appellees.
TEXT: DANIEL, Judge. Ronald Schwartz appeals a final judgment in favor of W-K Partners and Vinad
K...W-K Partners and Kalidas AFFIRMED; final judgment awarding attorney s fees to Williams REVERSED
and REMANDED. SHARP, C.J., and DAUKSCH, J., concur.
25-CITE: 521 So.2d 183 ROSIE O GRADY S, INC., a Florida corporation, Appellant, v. Concepcion DEL
PORTILLO, Appellee.
TEXT: ON MOTION TO DISMISS DANIEL S. PEARSON, Judge. Concepcion Del Portillo, the plaintiff
below...he service charge is not paid within the 30 days, the action shall be dismissed without
prejudice by the court that entered the order of transfer.
26-CITE: 600 So.2d 479 NEUROMED, INC., Appellant, v. FLORIDA ENERGY MANAGEMENT SERVICES, INC., a
Florida corporation n k a R & D GROUP, INC., Appellee.
TEXT: PER CURIAM. This cause is per curiam affirmed with the exception of the award of attorney s
...espects, this cause is affirmed. AFFIRMED IN PART; REVERSED IN PART AND REMANDED. LETTS,
GARRETT, JJ., and WALDEN, JAMES H., Senior Judge, concur.
27-CITE: 531 So.2d 370 CITY OF JACKSONVILLE, a political subdivision of the State of Florida, and A.J.
Kinard, Director, Department of Public Works, City of Jacksonville, Appellants, v. ORTEGA UTILITY
COMPANY, a Florida corporation, Appellee.
TEXT: SHIVERS, Judge. The City of Jacksonville appeals an order awarding appellee Ortega Utility
C...d permit. We find substantial competent evidence supports the trial court s findings and
conclusions. AFFIRMED. THOMPSON and ZEHMER, JJ., concur.
28-CITE: 585 So.2d 459 Robert B. BATTISTA, Appellant, v. Sara Duese Stevenson BATTISTA, Appellee.
TEXT: KAHN, Judge. The appellant former husband appeals from the trial court s order denying his
p..., however, that the losing party s attorney is not personally responsible if he has acted in
good faith, based on the representations of his client.
29-CITE: 711 So.2d 128 AVEMCO INSURANCE COMPANY, a Maryland Insurance Company, and Piper Acceptance
Corporation, Appellants, v. Michael TOBIN, Franklyn Levenson, and Plane Adds, Inc., d b a Kittyhawk
Flight School, Appellees.
TEXT: FARMER, Judge. The discrete issue raised on this appeal is whether a lawyer can be held
liab... frivolous motion as part of an otherwise overall nonfrivolous defense. REVERSED.
STEVENSON, J., and ANGELOS, CYNTHIA G., Associate Judge, concur.
30-CITE: 732 So.2d 373 Glenda Q. MAHANEY, Appellant, v. SUMTER ELECTRIC COOPERATIVE, INC., etc., et
al., Appellees.
TEXT: GOSHORN, J. Glenda Mahaney appeals the order dismissing certain parties from the suit and
cl...dingly, we remand for further proceedings as mandated by Schwartz. AFFIRMED in part; REVERSED
in part; REMANDED. DAUKSCH, and HARRIS, JJ., concur.
31-CITE: 460 So.2d 585 UNITED COMPANIES FINANCIAL CORPORATION, Appellant, v. Robert E. HUGHES, Sr.,
Trustee, and Michael E. Broyhill, Appellees.
TEXT: SCHEB, Acting Chief Judge. The trial court awarded attorneys fees to defendants Robert
Hughe...se and remand with directions to the trial court to vacate the judgment for attorneys fees.
OTT, J., and STEINBERG, RALPH, Associate Judge, concur.
32-CITE: 684 So.2d 320 BERMAN & FELDMAN, Philip M. Berman and Robert Feldman, Appellants, v. WINN
DIXIE, INC., a Florida corporation, Noble Management Company, a Florida corporation, and Carvel
Corporation, a Delaware corporation, Appellees.
TEXT: MEL GROSSMAN, Associate Judge. We live in a time when it increasingly appears that process
h...ess fee and any prejudgment interest thereon upon LaDolce only. AFFIRMED IN PART; REVERSED IN
PART and REMANDED. STEVENSON and GROSS, JJ., concur.
33-CITE: 501 So.2d 1286 In re The ESTATE OF Daniel A. UDELL, Deceased.
TEXT: OPINION ON MOTIONS FOR ATTORNEY S FEES HERSEY, Chief Judge. In this appeal of an order
ente... of the *1289 lower tribunal in the exercise of its probate jurisdiction. Accordingly, the
motions are denied. DOWNEY and GLICKSTEIN, JJ., concur.
34-CITE: 476 So.2d 783 Michael P. CUDLIPP, Appellant, v. BLUE CHIP LAUNDRY, INC., d b a Environmental
Marketing Corp., Appellee.
TEXT: PER CURIAM. We affirm the partial summary judgment entered for the plaintiff but remand
with...dgment but allow the losing party to set period of time within which to amend his pleadings.
HERSEY, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.
35-CITE: 648 So.2d 286 HIGH TECH MICA, INC., Appellant, v. BARETTA & ASSOCIATES, INC., Appellee.
TEXT: PER CURIAM. This appeal involves the issue of attorney s fees. Appellant entered into a
cont...ine a reasonable fee to be awarded to appellant against appellee for attorney s fees.
REVERSED AND REMANDED. HERSEY, STONE and KLEIN, JJ., concur.
36-CITE: 437 So.2d 242 Donald F. WRIGHT, David A. Currie, Deborah A. Kirkwood, David A. Johnston, James
A. Driver and David T. Harden, Appellants, v. Dr. and Mrs. Louis J. ACIERNO, et al., Appellees.
TEXT: ORFINGER, Chief Judge. This appeal is from an order denying appellants (defendants below)
an...ees for the services rendered in this action on their behalf. REVERSED and REMANDED with
directions. COBB and FRANK D. UPCHURCH, Jr., JJ., concur.
37-CITE: 632 So.2d 174 John G. ARIKO, Jr., and Epoch Management, Inc., n k a Em Management, Inc.,
Appellants, v. Anthony J. NICHOLSON, Appellee.
TEXT: DAUKSCH, Judge. ON MOTION FOR REVIEW OF COST JUDGMENT Appellee seeks our review of an
order... cost awards will be at the conclusion of the appeal which follows the new trial. ORDER
QUASHED; REMANDED. HARRIS, C.J., and W. SHARP, J., concur.
38-CITE: 619 So.2d 402 Vincent COSSIO and Carmen Cossio, Appellants, v. WORLD SAVINGS AND LOAN
ASSOCIATION, a Federal Savings and Loan Association, a k a Beach Federal Savings and Loan
Association, Assignee of Sunrise Savings and Loan Association, Appellee.
TEXT: PER CURIAM. We affirm the order denying the intervenors motion for attorney s fees pursuant
...vidence to support claim), review denied, 434 So.2d 888 (Fla.1983). Thus, the trial court
properly denied the motion for attorney s fees. Affirmed.
39-CITE: 693 So.2d 1121 Drusilla VALLETTE, Appellant, v. William VALLETTE, Appellee.
TEXT: PER CURIAM. We affirm the final judgment with respect to the change in custody. There was
su...urposes of establishing an award for child support. *1122 Affirmed in part; reversed in part
and remanded. STONE, WARNER and SHAHOOD, JJ., concur.
40-CITE: 444 So.2d 68 Herbert SEPNER, Trustee, Appellant, v. VILLAGE OF ROYAL PALM BEACH, a political
subdivision of the State of Florida, Milfred Meyer, individually, and Barney Ditkoff, individually,
Appellees.
TEXT: LETTS, Judge. We reverse this cause on the authority of Whitten v. Progressive Casualty
Insu...r Section 57.105. Id. 505-506. Moreover, we cannot conclude that this cause was a sham.
REVERSED AND REMANDED. GLICKSTEIN and WALDEN, JJ., concur.
41-CITE: 486 So.2d 62 James F. STUMP, Appellant, v. Diana C. FORESI, Appellee.
TEXT: PER CURIAM. This is an appeal by a putative father who had brought an action for a
declarati...sed no justiciable issue. Finally, there is no claim appellant agreed to pay appellee s
costs and fees. DOWNEY, LETTS and GLICKSTEIN, JJ., concur.
42-CITE: 497 So.2d 923 TRANS-COUNTRY VAN LINES, INC., a Foreign corporation, Appellant, v. Gerald
KRONICK and Sandra Kronick, Appellees.
TEXT: PER CURIAM. We affirm the final judgment which awarded the Kronicks $2,304.00 in actual
dama...he attorney fee awarded below, but I also would reduce the supplemental damages--i.e., those
over the stipulated $2,304.00--from $900.00 to $569.84.
43-CITE: 515 So.2d 307 Myron WARSHAW, Appellant, v. Antonio MONROY and Adelina Monroy, his wife,
Appellees.
TEXT: PER CURIAM. We affirm the final judgment awarding damages to the plaintiffs. Although the
re...l court fails to make requisite findings to support award under Section 57.105, Florida
Statutes). Affirmed in part; reversed in part and remanded.
44-CITE: 532 So.2d 78 David James SMITH, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant David James Smith from a final judgment of
co...8-59 (Fla. 3d DCA 1983). Given the above disposition, it is unnecessary to reach the second
point on appeal. Reversed and remanded for a new trial.
45-CITE: 602 So.2d 996 Keith KLINE and June C. Kline, Appellants, v. VANGUARD BANK & TRUST CO., et al.,
Appellees.
TEXT: KAHN, Judge. Keith and June Kline appeal a final judgment of the circuit court finding that
...defeat the adverse factual determinations made against them by the trial court, sitting as finder
of fact. AFFIRMED. ZEHMER and WOLF, JJ., concur.
46-CITE: 638 So.2d 998 FAIRVIEW PROPERTIES, INC., a Virginia corporation qualified to do business in
the State of Florida as Fairview South, Inc., Appellant, v. PATE CONSTRUCTION COMPANY, INC., a
Florida corporation, Appellee.
TEXT: POLEN, Judge. Fairview Properties appeals the denial of its motion for attorney s fees
pursu... than the chilling effect on the litigant s right to use the courts, which this court warned
against in Stevenson. GUNTHER and WARNER, JJ., concur.
47-CITE: 616 So.2d 1048 Barbara JONES, as Personal Representative of the Estate of Dewey Polly, James
Willis, as Trustee of the Polly-Bannister Trust and as Trustee of the Sunset Views Trust, and
Avenell Polly, Appellants, v. SOLDAVINI & GUALARIO, INC., and John Soldavini, Appellees.
TEXT: FRANK, Acting Chief Judge. The appellants have sought review of a Final Judgment for Fees
an...of the statute. 410 So.2d at 506. The attorney s fee award is reversed and vacated.
ALTENBERND, J., and FARNELL CROCKETT, Associate Judge, concur.
48-CITE: 647 So.2d 1022 REMOVA POOL FENCE CO., Appellant, v. Barry ROTH and Roll-A-Way Protective Pool
Fence, Inc., Appellees
TEXT: PER CURIAM. This is an appeal of an award of attorney s fees Appellant filed a multi-count
c...n that appellees were not entitled to attorney s fees in any event, we reverse. REVERSED AND
REMANDED. DELL, C.J., HERSEY and WARNER, JJ., concur.
49-CITE: 535 So.2d 670 MARYLAND CASUALTY INSURANCE COMPANY, a corporation, a s o Southwest
Refrigeration & Air Conditioning Company, Appellant, v. SEMMER ELECTRIC, INC., a Florida
corporation, Appellee.
TEXT: PER CURIAM. We agree with the appellant s contention that the circuit court erred in
awardin...See Section 57.105, Fla.Stat. (1985). Accordingly, we reverse the order awarding attorney
s fees. SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.
50-CITE: 696 So.2d 1342 Arthur J. GOLDSTEIN, Appellant, v. LULU S, et al., Appellee.
TEXT: PER CURIAM. Arthur J. Goldstein appeals from an order affirming the Appeals Referee s
determ...of livelihood. ). Accordingly, the claimant was not liable to the agency for repayment of
unemployment compensation benefits paid to him. REVERSED.
51-CITE: 564 So.2d 1199 David COUPE, Appellant, v. STATE of Florida, Appellee. Samuel WILLIAMS,
Appellant, v. STATE of Florida, Appellee. Lonnie Wayne FENNELL, Appellant, v. STATE of Florida,
Appellee.
TEXT: ORDER ON APPELLEE S MOTIONS PER CURIAM. In case number 89-770, David Coupe appeals his
judg... Appeal Regarding Brief Filed in Forrester v. State, 556 So.2d 1114, 1115 (Fla.1990). IT IS
SO ORDERED. WENTWORTH, NIMMONS and ALLEN, JJ., concur.
52-CITE: 453 So.2d 203 Jerome Robert KLEIN, Appellant, v. LAYNE, INC. OF FLORIDA, a Florida
corporation, and Royal Trust Bank Corp., a Florida corporation, Appellees.
TEXT: OWEN, WILLIAM C., Jr., Associate Judge. We answer here what was left unanswered in
Greenberg...ard under Section 57.105, Florida Statutes (1981). The order awarding defendant an
attorney s fee is reversed. GLICKSTEIN and HURLEY, JJ., concur.
53-CITE: 453 So.2d 465 Eleanor MACK and Robert Mack, Sr., her husband, Appellants, v. Manual G. GARCIA,
M.D., et al., Appellees.
TEXT: WALDEN, Judge. The Macks sued Dr. Garcia for medical malpractice and prevailed. However,
the...claimed costs from both trials and award a cost judgment accordingly. Reversed and remanded
with instructions. GLICKSTEIN and HURLEY, JJ., concur.
54-CITE: 711 So.2d 1285 Carol King WILLIAMS, Appellant Cross-Appellee, v. Claudine M. KING, etc.,
Appellee Cross-Appellant.
TEXT: DAUKSCH, Judge. This is an appeal from orders in a probate matter. The appellant was the
dau...y s fees to the prevailing party by the losing party and its attorneys where the court finds a
complete absence of justiciable issue of law or fact.
55-CITE: 654 So.2d 1286 Alvin Anthony WATSON, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Chief Judge. Alvin Anthony Watson was convicted of second degree murder with a
firea...ferred until a later event, the reason justifying departure given at the initial sentencing
should be appealed at the time of the original sentence.
56-CITE: 445 So.2d 404 DEBRA, INC., Appellant, v. ORANGE COUNTY, Florida, Appellee.
TEXT: ORFINGER, Chief Judge. The issue on appeal in whether appellant, defendant below, is
entitle...Inc. v. Toyota Motors Center, Inc., 391 So.2d 697 (Fla. 3d DCA 1980). REVERSED and
REMANDED. COWART, J., and DAVIS, S.J., Associate Judge, concur.
57-CITE: 595 So.2d 113 Billie Jean KELLY, et al., Appellants, v. John MILITANA, et al., Appellees.
TEXT: PER CURIAM. These consolidated appeals arise from a will contest between the decedent s
line...everse the summary judgment entered in favor of Militana, and the attorney s fees and cost
judgment awarded HMS, and remand for further proceedings.
58-CITE: 475 So.2d 982 BAYVIEW TOWER CONDOMINIUM ASSOCIATION, INC., Appellant, v. David SCHWEIZER,
Appellee.
TEXT: PER CURIAM. The order denying the motion to vacate a clerk s default against the defendant
b...rt committed no gross abuse of discretion in denying the motion to vacate the clerk s default
herein. The order under review is therefore Affirmed.
59-CITE: 455 So.2d 1151 FIBREBOARD CORPORATION, Appellant, v. Charles E. WARD and Frances Ward, his
wife, Appellees.
TEXT: ON MOTION TO DISMISS PER CURIAM. Appellant, a defendant below, appeals from an order of
the...71 (Fla.1955). Accordingly, the appellees motion to dismiss is granted and this appeal is
Dismissed. WIGGINTON, NIMMONS and BARFIELD, JJ., concur.
60-CITE: 752 So.2d 716 RUSSO & BAKER, P.A., Appellant, v. Marlene A. FERNANDEZ and Ileana Guaida,
Appellees.
TEXT: PER CURIAM. This is an appeal from a final order awarding attorneys fees and costs pursuant
...so clarify the application of sections 733.106 and 733.609, Florida Statutes (1995), to any award
of fees made in this case. Reversed and remanded.
61-CITE: 627 So.2d 1335 Leonard OLIVIERI a k a Len Olivieri, individually and Leonard Olivieri d b a
Florida Public Pension Trustees Association, Appellants, v. FLORIDA ASSOCIATION OF PUBLIC EMPLOYEE
PENSION TRUSTEES, INC., a Florida corporation, Robert Klausner, Esquire and City County Credit Union
of Fort Lauderdale, Appellees.
TEXT: KLEIN, Judge. We reverse a determination that appellants third party complaint, seeking
inde...a.R.Civ.P. 1.180. We therefore reverse the order dismissing the third party complaint. DELL,
C.J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
62-CITE: 692 So.2d 272 Tina THOMPSON, Appellant, v. DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES,
Appellee.
TEXT: DAUKSCH, Judge. Appellant, Tina Thompson, timely appeals an order dismissing her complaint
w...omplaint would be an act in futility. See Hewitt v. Taffee, 673 So.2d 929 (Fla. 5th DCA 1996).
AFFIRMED. PETERSON, C.J., and THOMPSON, J., concur.
63-CITE: 432 So.2d 1315 HENDRY TRACTOR COMPANY, A Florida Corporation, Petitioner, v. Antonio FERNANDEZ
and Marta Fernandez, his wife, Respondents.
TEXT: ADKINS, Justice. This cause comes before us on petition for discretionary review of a
decisi...pportioning the cost in accordance with the prevailing party as to each count. 406 So.2d
at 1214 (Barkdull, J., dissenting). OVERTON, J., concurs.
64-CITE: 639 So.2d 82 STOUT JEWELERS, INC., Appellant, v. Milton H. CORSON, Jr., As Trustee of the
Milton H. Corson Land Trust a k a The Corson Land Trust, Appellee. Milton H. CORSON, Jr., as Trustee
of the Milton H. Corson Land Trust a k a The Corson Land Trust, Appellant, v. STOUT JEWELERS, INC.,
Appellee.
TEXT: LAZZARA, Judge. In these consolidated appeals, both parties challenge the trial court s
orde...y in connection with Corson s claim. Affirmed in part, reversed in part, and remanded with
directions. SCHOONOVER, A.C.J., and QUINCE, J., concur.
65-CITE: 430 So.2d 513 Pedro D. BARREDO, Appellant, v. SKYFREIGHT, INC., Tropic International, Inc.,
Ecuatoriana Service Company, Inc., Aircraft Loaders, Inc., Aembree, Inc., Aircraft Modifications,
Inc., Eugene Harris, George Landa, Gerrard Burt, Morton Silver and Jerry Dobby, Appellees.
TEXT: FERGUSON, Judge. The courts are generally vested with considerable discretion in
determining...s, Siegel, Heath, Nussbaum & Zavertnik v. Baucom, 428 So.2d 1383 (Fla.1983) and cases
cited therein. Reversed and remanded for further proceedings.
66-CITE: 715 So.2d 1175 Mark L. WOOD, Appellant, v. Michele Marie WOOD, Appellee.
TEXT: THOMPSON, Judge. Mark L. Wood, the former husband, appeals an order allowing Michele Marie
W...the petition to relocate should be granted. See Stockel v. Black, 703 So.2d 496 (Fla. 5th DCA
1997). AFFIRMED. W. SHARP and PETERSON, JJ., concur.
67-CITE: 525 So.2d 468 JACK ECKERD CORPORATION, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION
and Mapsie P. Johnson, Appellees.
TEXT: SCHWARTZ, Chief Judge. In Johnson v. Florida Unemployment Appeals Comm n, 513 So.2d 1098
(Fl...ction 26 (1965); 12 Fla.Jur.2d Costs Section 13 (1979). Affirmed. ------------ (FN1) Jack
Eckerd does not dispute the amount of the costs assessed.
68-CITE: 613 So.2d 47 Betty B. O BRIEN and James L. Essenson, Esq., Appellants, v. Robert E. SARKA,
Appellee.
TEXT: FRANK, Judge. Betty O Brien and her attorney have appealed from the trial court s award of
a...us as to require that she and her attorney be punished for attempting it. Reversed. DANAHY,
A.C.J., and LUTEN, CLAIRE K., Associate Judge, concur.
69-CITE: 433 So.2d 1388 P & C THOMPSON BROS. CONSTRUCTION COMPANY, a Florida corporation, and Walton T.
Locke, Appellants, v. Wayne O. ROWE d b a Rowe Electrical Service, Appellee.
TEXT: COBB, Judge. This appeal is from a final judgment which, inter alia, refused enforcement of
...tion, the trial court acted properly in denying the recovery of attorney s fees to Thompson.
AFFIRMED. DAUKSCH and FRANK D. UPCHURCH, JJ., concur.
70-CITE: 717 So.2d 149 Wayne FORD, Appellant, v. PUBLIC EMPLOYEES RELATIONS COMMISSION, et al.,
Appellees.
TEXT: W. SHARP, Judge. Ford appeals from an order of the Public Employees Relations Commission,
wh...mission s order denying his request for a belated appeal is affirmed. AFFIRMED. *151 GRIFFIN,
C.J., concurs. DAUKSCH, J., concurs in result only.
71-CITE: 520 So.2d 690 Anne RENFRO, Appellant, v. James L. DODGE, as Personal Representative of the
Estate of Marie Vandugteren, Deceased, Appellee.
TEXT: BLOOM, PHILIP, Associate Judge. This action arose out of an oral contract in which
appellant... trial court or in this court. Accordingly, the judgment of the trial court is hereby
affirmed in all respects. GLICKSTEIN and STONE, JJ., concur.
72-CITE: 580 So.2d 884 In the Interest of A.C., K.C., and J.B., Jr., children.
TEXT: SMITH, Judge. The Department of Health and Rehabilitative Services appeals an order making
t... existed at the time the petition was filed, the award of fees under section 57.105 cannot be
sustained. REVERSED. NIMMONS and MINER, JJ., concur.
73-CITE: 655 So.2d 177 CARNIVAL LEISURE INDUSTRIES LTD., Appellant Cross-Appellee, v. Harold ARVIV,
Appellee Cross-Appellant.
TEXT: COPE, Judge. Carnival Leisure Industries, Ltd., appeals an order awarding attorney s fees
pu...val. The order denying attorney s fees under subsection 57.105(1), Florida Statutes, is
affirmed. Affirmed in part, reversed in part, and remanded.
74-CITE: 560 So.2d 385 MINNEHOMA AUTOMOBILE ASSOCIATION, INC., a Florida corporation, Appellant, v.
BILL SEIDLE S NISSAN, INC., a Florida corporation, Appellee.
TEXT: PER CURIAM. We affirm the summary judgment without prejudice to Minnehoma Automobile
Associa...te new cause of action and no prejudice resulted where appellee knew who the real parties
in interest were). Affirmed and remanded with directions.
75-CITE: 681 So.2d 886 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Edmund Christopher
JAMES, Appellee.
TEXT: SHEVIN, Judge. State of Florida, Department of Transportation [DOT] appeals an order
awardin...h unwarranted litigation. Hernandez v. Leiva, 391 So.2d 292, 293 (Fla. 3d DCA 1980)
(citation omitted). Accordingly, we affirm the order. Affirmed.
76-CITE: 655 So.2d 146 Frank MARRONE, Appellant, v. STATE FARM FIRE AND CASUALTY INSURANCE COMPANY,
Appellee.
TEXT: KLEIN, Judge. The trial court directed a verdict against appellant because of his
undisputed...s frivolous and direct the trial court to award attorney s fees and costs under section
57.105, Florida Statutes. GUNTHER and SHAHOOD, JJ., concur.
77-CITE: 664 So.2d 972 Frank MARRONE, Appellant, v. STATE FARM FIRE AND CASUALTY INSURANCE COMPANY,
Appellee.
TEXT: KLEIN, Judge. We withdraw the opinion filed May 3, 1995 and substitute the following
opinion...m and direct the trial court to award appellate attorney s fees and costs under section
57.105, Florida Statutes. GUNTHER and SHAHOOD, JJ., concur.
78-CITE: 546 So.2d 88 John G. WOOD, Jr., Appellant, v. Don D. PRICE, Appellee.
TEXT: SCHOONOVER, Acting Chief Judge. The appellant, John G. Wood, Jr., challenges the trial
court... appellant, it erred. We, accordingly, reverse and remand for proceedings consistent
herewith. Reversed and remanded. FRANK and HALL, JJ., concur.
79-CITE: 582 So.2d 46 Richard L. WARE, Appellant, v. LAND TITLE COMPANY OF FLORIDA, INC., Sharon L.
Williams, and Gerhard B. Zink, Appellees.
TEXT: SCHOONOVER, Chief Judge. The appellant, Richard L. Ware, challenges orders awarding
attorney..., holding modified by Standard Guaranty Ins. Co. v. Quanstrom, 555 So.2d 828 (Fla.1990).
Reversed and remanded. RYDER and ALTENBERND, JJ., concur.
80-CITE: 592 So.2d 797 Edwin P. RECTOR, Appellant, v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF
PARI-MUTUEL WAGERING, and Gulfstream Park Racing Association, Inc., Appellees.
TEXT: WARNER, Judge. This is an appeal from a declaratory statement pursuant to section 120.565,
F...as 7E-6.017(8) was repealed. Rule 7E6-.065 now allows for field entries in trifecta races and
provides for a method of payout in cases such as this.
81-CITE: 522 So.2d 1043 Mark T. MAXWELL and Gertrude Maxwell, Appellants, v. ROLLS-ROYCE MOTORS INC.,
and Royal Motorcar Corporation, Appellees.
TEXT: ON REHEARING PER CURIAM. We grant the motion for rehearing filed by appellee Rolls-Royce
Mo...rnational, Inc., 252 So.2d 576 (Fla. 4th DCA 1971). LETTS, Judge, dissenting. I now believe
we were inerror and that the cause should be affirmed.
82-CITE: 468 So.2d 429 Hank WILLIAMS, Jr., etc., Appellant, v. Robert HARDY, etc., Appellee.
TEXT: COWART, Judge. We affirm a final judgment based on a jury verdict awarding $98,606 in
damage...ury s verdict. As to speculative damages generally, see Twyman v. Roell, 123 Fla. 2, 166
So. 215 (1936). AFFIRMED. DAUKSCH and SHARP, JJ., concur.
83-CITE: 475 So.2d 1295 Phillip FERRARA, Appellant Cross Appellee, v. J. Paige CAVES, Daniel J. Hoffman
and Dottie Johnston, Appellees Cross Appellants, and Town of Pembroke Park, Appellee Cross
Appellee, and Barbara R. Powell, as Deputy Town Clerk of the Town of Pembroke Park, Appellee.
TEXT: GLICKSTEIN, Judge. This is an appeal of an order awarding attorney s fees under section
57.1...rsuant to section 57.105, but such circumstance is irrelevant to the applicability of the
principle stated in Lomelo. DELL and WALDEN, JJ., concur.
84-CITE: 681 So.2d 849 Michael S. DANIEL, Appellant, v. Tara DANIEL, Appellee.
TEXT: WHATLEY, Judge. The husband, Michael S. Daniel, challenges that part of the final judgment
o...e trial court for proceedings consistent with this opinion. Reversed and remanded; question
certified. SCHOONOVER, A.C.J., and PARKER, J., concur.
85-CITE: 705 So.2d 38 Hazel Joan DAVIS, et al., Appellants, v. Marvene M. CHRISTMAS, deceased,
Appellee.
TEXT: PER CURIAM. The defendants in an automobile negligence case appeal from an order denying
the...st plaintiff s counsel and to conduct an evidentiary healing to determine the amount of fees
to be assessed. Reversed and remanded with directions.
86-CITE: 533 So.2d 886 Steven E. HOSHAW, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Steven Hoshaw appeals from an order revoking his probation. We reverse the
order...s. The trial court s inclusion in its order of that abandoned charge was clearly erroneous.
E.g., Wright v. State, 494 So.2d 522 (Fla. 3d DCA 1986).
87-CITE: 502 So.2d 1003 XEROX CORPORATION, Appellant, v. Mohammed Ali SHARIFI, d b a King Kopy
Printing, Appellee.
TEXT: UPCHURCH, Chief Judge. Xerox Corporation brought a suit to recover on a contract. Prior to
a...ttorney elects to dismiss as opposed to other procedural avenues which might also be available
to him. REVERSED. ORFINGER and COWART, JJ., concur.
88-CITE: 497 So.2d 916 The KEYES COMPANY, a Florida corporation, Appellant, v. Joseph FRIEDES,
Appellee.
TEXT: PER CURIAM. This is an appeal by a plaintiff real estate broker from a final order awarding
...s remanded to the trial court with directions to enter an order denying the subject motion for
attorney s fees filed herein. Reversed and remanded.
89-CITE: 661 So.2d 363 Willie P. ROBINSON, Appellant, v. STATE OF Florida, DEPARTMENT OF REVENUE, By
and on Behalf of Marolyn D. EVANS, Appellee.
TEXT: WEBSTER, Judge. Appellant seeks review of a final judgment of paternity. He asserts that
the...n that he is the biological father of the child and, therefore, owes a duty of support to the
child. AFFIRMED. WOLF and VAN NORTWICK, JJ., concur.
90-CITE: 595 So.2d 1095 Sam PENA, Appellant, v. BRITTON, COHEN, CASSELL, KAUFMAN & SCHANTZ, P.A.,
Appellee.
TEXT: PER CURIAM. Appellant, defendant counter-claimant in the trial court, seeks review of an
ord... DCA 1982); Kisling v. Wooldridge, 397 So.2d 747 (Fla. 5th DCA 1981); White v. Montebello
Corporation, 397 So.2d 326 (Fla. 5th DCA 1981). Affirmed.
91-CITE: 573 So.2d 54 Roxanna G. LAMBERT, the Department of Health and Rehabilitative Services,
Appellant, v. Rickie NELSON, Appellee.
TEXT: ERVIN, Judge. Appellants, Roxanna G. Lambert and the Department of Health and
Rehabilitative... justiciable issues of law or fact when filed, furnishes a ground for fees pursuant
to section 57.105. REVERSED. WIGGINTON and MINER, JJ., concur.
92-CITE: 700 So.2d 65 Xavier J. FERNANDEZ and Chiro Insurance Services, Inc., Appellants, v. CHIRO RISK
MANAGEMENT, INC., Southern Brokerage Systems, Inc., Ken Snyder and Jo Ann Hambruch, jointly and
severally, Appellees.
TEXT: PER CURIAM. The appellants, Xavier J. Fernandez and Chiro Insurance Services, Inc.,
challeng...for section 57.105 fees. Id. at 581. Affirmed in part, reversed in part, and remanded.
DANAHY, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.
93-CITE: 623 So.2d 846 K MART CORPORATION, Petitioner, v. Concepcion FERNANDEZ, Respondent.
TEXT: PER CURIAM. K Mart Corporation petitions this court for a writ of certiorari to review a
dis...to exercise its right of removal to federal court. Petition for writ of certiorari denied.
CAMPBELL, A.C.J., and SCHOONOVER and BLUE, JJ., concur.
94-CITE: 710 So.2d 1039 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Franklyn A. SALTER, Respondent.
TEXT: PER CURIAM. The Department of Highway Safety and Motor Vehicles seeks certiorari relief
from...sel which necessitated the appeal in the first instance. See Rapid Credit Corp. v. Sunset
Park Centre, Ltd., 566 So.2d 810, n. 2 (Fla. 3d DCA 1990).
95-CITE: 514 So.2d 68 Alfred DORF, Appellant, v. Henry USHER, Appellee.
TEXT: STONE, Judge. A landlord who filed an action for malicious prosecution is appealing a
summar...onduct of one of its members, or trust the ability of the judicial system to afford relief
and protection after the justifiable assertion of rights.
96-CITE: 510 So.2d 358 George COULITSIS, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. Appellant appeals his conviction and sentence for manslaughter
by...emand for resentencing within the guidelines. Affirmed in part, reversed in part, and remanded
for resentencing. HALL and THREADGILL, JJ., concur.
97-CITE: 733 So.2d 596 Jan HALL and Eugene Kiernan and The Class, Appellants, v. HUMANA HOSPITAL
DAYTONA BEACH, etc., et al., Appellees.
TEXT: W. SHARP, J. Jan Hall, Eugene Kiernan and The Class appeal from a post-judgment order which
...A; Inc., 645 So.2d 1040 (Fla. 4th DCA 1994); In Re Lindsay s Estate, 207 So.2d 736 (Fla. 4th DCA
1968). AFFIRMED. GOSHORN and HARRIS, JJ., concur.
98-CITE: 745 So.2d 1055 FLORIDA DEPARTMENT OF REVENUE on Behalf of D.H., Appellant, v. Bernard HANNAH,
Appellee.
TEXT: PER CURIAM. The Florida Department of Revenue appeals an order awarding appellee attorney s
...tive Services (which the Department apparently refused to examine) that the mother had conceded
that the respondent was not the father of the child.
99-CITE: 656 So.2d 623 Marcy H. SMITH, Appellant, v. WHISPERING PINE VILLAGE, INC., et al., Appellee.
TEXT: PER CURIAM. AFFIRMED. COBB and GRIFFIN, JJ., concur. HARRIS, C.J., dissents with opinion
...n that, in effect, the corporations are one and the same. If, in fact, the corporations were one,
her counterclaim theory would not be unreasonable.
100-CITE: 756 So.2d 1082 Mary SILVERS, Appellant Cross-Appellee, v. U-HAUL COMPANY OF GEORGIA, etc.,
Appellee Cross-Appellant.
TEXT: ANTOON, C.J. In this personal injury action, Mary Silvers appeals the final judgment in
favo... not reliable. See Sheehan v. Frith, 138 So.2d 76, 78-79 (Fla. 3d DCA 1962). Accordingly, we
affirm. AFFIRMED. W. SHARP, and GRIFFIN, JJ., concur.
101-CITE: 498 So.2d 525 Shaffey BASHURE, Appellant, v. ESTATE OF Emily B. PAULK, Appellee.
TEXT: THOMPSON, Judge. Appellant is the brother and an heir at law of the decedent Emily B.
Paulk,... Service Corp., 277 So.2d 265 (Fla.1973). The award of attorney s fees is premature and,
accordingly, is REVERSED. JOANOS and NIMMONS, JJ., concur.
102-CITE: 618 So.2d 205 William Frederick HAPP, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We have Happ v. State, 596 So.2d 991 (Fla.), vacated, -- U.S. --, 113 S.Ct.
399,...ERTON, McDONALD, SHAW and GRIMES, JJ., concur. BARKETT, C.J., and KOGAN, J., concur in
result only. HARDING, J., did not participate in this case.
103-CITE: 634 So.2d 262 SUN BANK OF GAINESVILLE, Appellant, v. O STEEN BROTHERS, INC., Appellee
Cross-Appellant, v. FLORIDA BOARD OF REGENTS, Cross-Appellee.
TEXT: PER CURIAM. O Steen Brothers, Inc. (O Steen), brought an action in circuit court naming as
d...APPEAL IS NOT FILED WITHIN THIRTY DAYS OF RENDITION OF THE ORDER? The motion to dismiss is
DENIED. ZEHMER, C.J., JOANOS and WEBSTER, JJ., concur.
104-CITE: 466 So.2d 441 Clarence B. KLASE, Appellant, v. WENDY S OLD FASHIONED HAMBURGERS and Nationwide
Insurance Company, Appellees.
TEXT: JOANOS, Judge. This is an appeal from a workers compensation order denying the $20 per week
...ction 440.12(2) shall not apply. (FN3) Section 440.15(10)(a) was renumbered in Chapter 82-237,
Section 3, Laws of Florida, to Section 440.15(9)(d).
105-CITE: 660 So.2d 410 CARNIVAL LEISURE INDUSTRIES, LTD., Appellant, v. Robert HOLZMAN, Appellee.
TEXT: GUNTHER, Court Judge. Appellant, Carnival Leisure Industries, Ltd. (Carnival), appeals an
or...trial court to vacate the order awarding Holzman attorney s fees pursuant to section 57.105.
REVERSED AND REMANDED. STONE and FARMER, JJ., concur.
106-CITE: 433 So.2d 15 SHERIFF OF ALACHUA COUNTY, Appellant Cross-Appellee, v. Larry HARDIE, Appellee
Cross-Appellant.
TEXT: PER CURIAM. In this appeal from a final judgment dismissing a forfeiture proceeding for
fail...in part and remanded *17 to the lower court for further proceedings not inconsistent with
this opinion. ERVIN, THOMPSON and WIGGINTON, JJ., concur.
107-CITE: 508 So.2d 340 Rudy MUCKENFUSS, etc., Petitioner, v. DELTONA CORPORATION, etc., Respondent.
TEXT: SHAW, Justice. We have for review Muckenfuss v. Deltona Corp., 487 So.2d 1079, (Fla. 5th
DCA...ourt was authorizing an award of attorney s fees even though there existed at least some
justiciable issues of law or fact. I respectfully dissent.
108-CITE: 695 So.2d 679 Leo Alexander JONES, Petitioner, v. Robert BUTTERWORTH, etc., et al.,
Respondents.
TEXT: PER CURIAM. By order dated April 10, 1997, this Court relinquished jurisdiction to the
trial... Respondents motion for rehearing and or clarification is denied. KOGAN, C.J., and
OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
109-CITE: 439 So.2d 245 Paul Louis THOMAS, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The defendant, Paul Louis Thomas, was tried for robbery. At trial defense
couns...t determine the trial judge s denial of the motion to be harmful error, if error at all.
AFFIRMED. FRANK D. UPCHURCH, Jr. and COWART, JJ., concur.
110-CITE: 727 So.2d 1113 Jerrel RAND, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant pleaded no contest to resisting an officer without
v...he motion to suppress the contraband seized following this unlawful arrest should have been
granted. Reversed. THREADGILL and FULMER, JJ., Concur.
111-CITE: 575 So.2d 285 Willie HUNTLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. At approximately 6 p.m. on January 8, 1990, in a very high drug area of
Orlando,...---- (FN1) The fact of flight does not support the founded suspicion because the officer
ordered the two men to stop before they began to move away.
112-CITE: 501 So.2d 36 Michael GOODELL, Appellant, v. Louis G. NEMETH, Appellee.
TEXT: LEHAN, Judge. We affirm the dismissal with prejudice of plaintiff s third amended complaint
...t describe the injury. According to counsel for both sides on appeal, plaintiff shot himself when
he put the gun to his head and pulled the trigger.
113-CITE: 521 So.2d 306 SOUTHEASTERN FIDELITY INSURANCE COMPANY, Appellant, v. TRUCK INSURANCE EXCHANGE,
Appellee.
TEXT: PER CURIAM. Southeastern Fidelity Insurance Company appeals an order denying its motion
seek...te in the original law *308 firm, that act failed to satisfy minimal fairness standards.
Reversed and remanded for further proceedings accordingly.
114-CITE: 538 So.2d 1300 Jimmy HATCHER, Appellant, v. B.K. ROBERTS, John S. Miller, Jr., Fred W.
Baggett, Ronald C. LaFace, Barry S. Richard & Daniel J. Wiser, as individuals and individually;
Roberts, Miller, Baggett & LaFace, a Florida partnership; Roberts, Miller, Baggett, LaFace, Richard
& Wiser, a Florida partnership; Roberts, Miller, Baggett, LaFace, Richard & Wiser, P.A., a Florida
Professional Association; Roberts, Baggett, LaFace, Richard & Wiser, P.A., a Florida Professional
Association; American Bankers Insurance Company of Florida; Gulf Insurance Company; Lawyers
Professional Liability Insurance Company; Select Insurance Company; INA Underwriters Insurance
Company, Appellees.
TEXT: PER CURIAM. This is an appeal from an award of attorney s fees, pursuant to our order in an
...unrebutted testimony of attorney Cooper that a fee of $100 per hour is reasonable), the fee is
AFFIRMED. ERVIN, WENTWORTH and ZEHMER, JJ., concur.
115-CITE: 561 So.2d 576 STATE of Florida, Petitioner, v. Stanley B. ELLISON, Respondent.
TEXT: PER CURIAM. We have for review Ellison v. State, 547 So.2d 1003 (Fla. 1st DCA 1989), due to
...venile furlough and remand for resentencing. It is so ordered. EHRLICH, C.J., and OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
116-CITE: 627 So.2d 577 Lois BRANCH, Appellant, v. CHARLOTTE COUNTY and West Charlotte Utilities, Inc.,
Appellees.
TEXT: RYDER, Judge. Lois Branch filed a petition for writ of certiorari in the circuit court,
chal...e amount to be awarded. Petition for writ of common law certiorari denied. Motion for
attorney s fees granted. FRANK, C.J. and PARKER, J., concur.
117-CITE: 460 So.2d 421 STATE of Florida, Appellant, v. Helene POWELL, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order granting relief under Florida Rule of
Crimin...it had been sitting as a juror is of no consequence in a motion for judgment of acquittal.
See Rodriguez v. State, 436 So.2d 219 (Fla. 3d DCA 1983).
118-CITE: 632 So.2d 714 ADLOW, INC. Appellant, v. MAUDA, Inc., Dori-Jo, Inc., and Sun Bank and Trust
Company, Appellees.
TEXT: THOMPSON, Judge. Adlow, Inc. appeals the trial court s order awarding the right to attorney
...on 57.105); cf., Autorico, Inc. v. Government Employees Ins. Co., 398 So.2d 485 (Fla. 3rd DCA
1981). DISMISSED. PETERSON and GRIFFIN, JJ., concur.
119-CITE: 630 So.2d 223 Melvin KAHN, For Use and Benefit of AMICA MUTUAL INSURANCE COMPANY, etc.,
Appellant, v. Steven KAHN, and United States Fidelity and Guaranty Company, Appellees.
TEXT: CORRECTED OPINION. PER CURIAM. This is an appeal of a final judgment assessing attorney s
f...ney s fees under section 57.105(1), Florida Statutes (1991), is reversed and the cause remanded
with directions to enter judgment in favor of Amica.
120-CITE: 538 So.2d 92 WELLS FARGO ARMORED SERVICES CORPORATION, Appellant, v. SUNSHINE SECURITY AND
DETECTIVE AGENCY, INC., et al., Appellees.
TEXT: PER CURIAM. The final order dismissing the amended complaint under review is affirmed on
the.... Metroploitan Dade County, 472 So.2d 795, 796 (Fla. 3d DCA 1985); Florida Ins. Exchange v.
State 178 So.2d 211, 212 (Fla. 1st DCA 1965). AFFIRMED.
121-CITE: 629 So.2d 296 Boris ZISHOLTZ, Appellant, v. Lisa K. ZISHOLTZ, Appellee.
TEXT: PER CURIAM. Affirmed. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979).
...rmation about the other parent The Father is to have telephone access to his children, and he
is to be informed of all the children s activities.
122-CITE: 503 So.2d 991 Willie C. TAYLOR, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING COBB, Judge. Pursuant to motion for rehearing filed by the state,
w...tt v. State, 442 So.2d 1029 (Fla. 5th DCA 1983). In some future case, reversal may well result.
AFFIRMED. UPCHURCH, C.J., and DAUKSCH, J., concur.
123-CITE: 547 So.2d 290 CROWN PONTIAC, INC., a Florida corporation, Appellant, v. Randy R. BELL, and
Maria C. Bell, Appellees.
TEXT: ALTENBERND, Judge. ON MOTION TO DISMISS Crown Pontiac, Inc., appeals the trial court s
orde...es of the Supreme Court of Florida, such policy arguments can only be addressed in other
forums. Dismissed. DANAHY, A.C.J., and LEHAN, J., concur.
124-CITE: 506 So.2d 464 Bill S. FORD and Nancy L. Ford, Appellants, v. James W. MILLER and Jacqueline J.
Miller, Appellees.
TEXT: HALL, Judge. Appellants Bill and Nancy Ford appeal a final order denying them attorney s
fee...ncur. ------------ (FN1) Easements may be created by express grant, implication or
prescription. Jonita v. Lewis, 368 So.2d 114 (Fla. 1st DCA 1979).
125-CITE: 498 So.2d 939 THE FLORIDA BAR, Complainant, v. Joel KAUFFMAN, Respondent.
TEXT: PER CURIAM. This disciplinary action is before us on complaint of The Florida Bar and the
re... in part and dissenting in part. I concur in the finding of misconduct but would accept the
referee s recommended discipline. ADKINS, J., concurs.
126-CITE: 636 So.2d 895 Rodney COOK, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Rodney Cook appeals a final judgment of conviction and sentence for direct
crimi...rse the defendant s sentence as well as his conviction for direct criminal contempt and
remand for further proceedings consistent with this opinion.
127-CITE: 602 So.2d 1342 Brenda Lee O NEIL, Appellant, v. WAL-MART STORES, INC., Appellee.
TEXT: GRIFFIN, Judge. This is the appeal of a final judgment awarding attorneys fees to a
defendan...provide attorney s fees to all prevailing parties in tort actions. ------------ (FN1)
Gross v. Albertson s, Inc., 591 So.2d 311 (Fla. 4th DCA 1991).
128-CITE: 555 So.2d 1286 Linda M. BOCZAR, M.D. and Linda M. Boczar, M.D., P.A., Appellants, v. David
GLENDENING, Appellee.
TEXT: RYDER, Judge. Linda M. Boczar, M.D. challenges the trial court s order denying her motion
fo...mand, the trial court shall order an award of attorney s fees for services rendered on both
trial and appeal. CAMPBELL, C.J., and LEHAN, J. concur.
129-CITE: 451 So.2d 936 Barbara JONES, Appellant, v. Julius JONES, Appellee.
TEXT: PER CURIAM. The wife appeals from a final judgment of dissolution contending that the trial
...Starcher v. Starcher, 430 So.2d 991 (Fla. 4th DCA 1983). REVERSED and REMANDED. LETTS and
HURLEY, JJ., and VOCELLE, L.B., Associate Judge, concur.
130-CITE: 459 So.2d 1132 Steven J. KROUSE, Personal Representative of the Estate of Jeffrey B. Krouse, a
minor, deceased, Appellant, v. AVIS RENT-A-CAR SYSTEM, INC., etc., David Signore, Nancy Signore, et
al., Appellees.
TEXT: PER CURIAM. After carefully considering the record and briefs in this wrongful death case,
w...Fla. 3d DCA 1980); Gulewicz v. Cziesla, 366 So.2d 507, 508 (Fla. 2d DCA 1979). The final summary
judgment under review is in all respects Affirmed.
131-CITE: 554 So.2d 1185 Gordon T. COUCH, M.D., Appellant, v. Jack DREW and Faith Drew, Appellees.
TEXT: JOANOS, Judge. Gordon T. Couch, M.D., has appealed from an order denying his motions for
att...f Dr. Couch s motion for statutory costs is therefore reversed, and the case remanded for
reconsideration thereof. BOOTH and BARFIELD, JJ., concur.
132-CITE: 528 So.2d 87 DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. A.F., a Child,
Appellee.
TEXT: SHARP, Chief Judge. The Department of Health and Rehabilitative Services appeals from the
tr...Statutes (1987). (FN2) Now section 415.509, Florida Statutes (1987). *91 abused or neglected
children. See In The Interest of M.P., 453 So.2d at 87.
133-CITE: 489 So.2d 216 PINEWOOD PLUMBING SUPPLY, INC., Appellant, v. CENTENNIAL CONSTRUCTION, INC.
Appellee.
TEXT: NESBITT, Judge. Pinewood Plumbing Supply, Inc. (Pinewood) appeals from an adverse summary
ju...st the contractor or the surety on the bond after 1 year from the performance of the labor or
completion of delivery of the materials or supplies.
134-CITE: 623 So.2d 821 HORTICULTURAL ENTERPRISES, Appellant, v. PLANTAS DECORATIVAS, LTDA, and Holland
& Knight, Appellees.
TEXT: PER CURIAM. Appellant, Horticultural Enterprises ( Horticultural ), appeals the trial court
...lower *823 court abused its discretion in setting aside the fees award. REVERSED and REMANDED.
HARRIS, C.J., and DAUKSCH and GRIFFIN, JJ., concur.
135-CITE: 462 So.2d 116 McKinley GLOVER, III, Appellant Cross-Appellee, v. The SCHOOL BOARD OF
HILLSBOROUGH COUNTY, Appellee Cross-Appellant.
TEXT: PER CURIAM. Appellant, McKinley Glover, III, a teacher in the Hillsborough County School
Sys...ment in all other respects. Affirmed in part and reversed in part. *118 SCHOONOVER, A.C.J.,
LEHAN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
136-CITE: 592 So.2d 1208 John Michael SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. John Michael Smith appeals the summary denial of his motion for postconviction
r...to resolve the two claims. Affirmed in part, reversed in part, and remanded with instructions.
SCHOONOVER, C.J., and DANAHY and HALL, JJ., concur.
137-CITE: 633 So.2d 30 Mary B. JACOBS, Appellant, v. W.O. Jake JACOBS, a k a Withrow O. Jacobs, a k a
W.O. Jacobs; Charles Allen Jacobs; Bette Gifford, and Shirley McLaughlin, Appellees.
TEXT: COBB, Judge. The sole issue on this appeal is whether the trial court erred in awarding an
a...er section 57.105 was enacted by ch. 86-160, Section 61, Laws of Florida (1986), effective July
1, 1986. The instant action was filed in June, 1989.
138-CITE: 650 So.2d 178 CITY OF LARGO, a municipality, Appellant, v. Louis R. LaGRANDE and Melinda S.
LaGrande, Appellees.
TEXT: THREADGILL, Judge. The City of Largo appeals a final order awarding attorney s fees to
Louis...y section 768.31(5), Florida Statutes (1993), and questioned by the City, was a frivolous
issue. Reversed. DANAHY, A.C.J., and PARKER, J., concur.
139-CITE: 588 So.2d 1016 NORTHERN COATS, Appellant, v. METROPOLITAN DADE COUNTY, et al., Appellees.
TEXT: PER CURIAM. The plaintiff, Northern Coats, appeals from an order denying his motion for
atto..., the trial court shall then determine the amount of attorney s fees and costs. Reversed and
remanded for proceedings consistent with this opinion.
140-CITE: 625 So.2d 1317 Caroline SYKES, Martha Sykes and Philip Sykes, and the Law Firm of Mattlin &
McClosky, Appellants, v. ST. ANDREWS SCHOOL, Brian Doucette and Lorraine Doucette, Thomas Sugalski
and Susan Weiss, Appellees.
TEXT: OPINION ON REHEARING PER CURIAM. We deny rehearing but substitute the following opinion
for...and encourage it so that the intent of the statute is effectuated. Affirmed. ANSTEAD, KLEIN,
JJ., and OWEN, WILLIAM C., JR., Senior Judge, concur.
141-CITE: 659 So.2d 1290 MEKAMY OAKS, INC., Norman C. Hatfill and Ted Medlin, Appellants, v. Leon Joseph
SNYDER, Appellee.
TEXT: PETERSON, Chief Judge. The appellants challenge the trial court s denial of their motions
fo...l, no evidence was presented refuting his assertion that he was unaware the mower had a safety
switch and that it was allegedly removed or disabled.
142-CITE: 692 So.2d 243 LIFE CARE CENTERS OF AMERICA, INC., Appellant, v. HEALTH CARE AND RETIREMENT
CORPORATION OF AMERICA and Agency for Health Care Administration, Appellees.
TEXT: PER CURIAM. Appellant Life Care Centers of America, Inc. (Life Care) raises one issue on
app...ivision of Administrative Hearings for a determination of the amount of fees and costs.
AFFIRMED BARFIELD, C. J., and KAHN and DAVIS, JJ., concur.
143-CITE: 613 So.2d 517 ALAMO RENT-A-CAR, INC., Appellant, v. WILLIAMSON CADILLAC COMPANY, Appellee.
TEXT: SCHWARTZ, Chief Judge. Alamo Rent-a-Car appeals from a summary judgment that Williamson
Cadi...of business under Section 672.403(2), and that it could not secure title through the
fraudulent duplicate title certificate under Section 319.29(1).
144-CITE: 626 So.2d 299 Elester WRIGHT, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, JUDGE. The appellant, Elester Wright, was convicted of robbery with a firearm and
gran...t s conviction for grand theft is reversed and this cause is remanded for resentencing.
REVERSED AND REMANDED. DAUKSCH and DIAMANTIS, JJ., concur.
145-CITE: 596 So.2d 147 Richard George VOGEDES, Appellant, v. Janet H. VOGEDES, Appellee.
TEXT: PER CURIAM. This is an unfortunate case in many respects, not the least of which is that
the...e, to use the majority s description, is the considerable expenditure of resources, with
little, if any, benefit to either of the parties concerned.
146-CITE: 727 So.2d 954 Diosdado C. DIAZ and Dennis Haber, Esq., Appellants, v. Rina Cohan DIAZ and
Leinoff & Silvers, P.A., Appellees.
TEXT: COPE, Judge. In this post-judgment proceeding, the former husband in a dissolution action
an... attorney is not personally responsible if he or she has acted in good faith, based on the
representations of his or her client. (Emphasis added).
147-CITE: 450 So.2d 570 George BULL, Appellant, v. CITY OF ATLANTIC BEACH, etc., et al., Appellees.
TEXT: MILLS, Judge. We are asked to reverse the trial court s order awarding attorney s fees
pursu...ef to which tort immunity does not apply. It is not necessary to reach the other issues
raised by Bull. REVERSED. SMITH and NIMMONS, JJ., concur.
148-CITE: 478 So.2d 1140 Janie M. MASSEY, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Jefferson
County School Board, Appellees.
TEXT: Second Corrected Opinion MILLS, Judge. Massey appeals from an order of the Unemployment
App...rcent. Reversed and remanded with directions to enter an order awarding benefits in
accordance with this opinion. SMITH and THOMPSON, JJ., concur.
149-CITE: 443 So.2d 160 Dorothy Lyles WILSON, as personal representative of the Estate of Joann Lyles
Ratliff, deceased, Appellant, v. CHARTER MARKETING COMPANY, a Florida corporation, Appellee.
TEXT: MILLS, Judge. Wilson, as personal representative of the Estate of Joan Lyles Ratliff,
brough...herefore, Wilson was not prejudiced by Charter s failure to disclose the existence of these
reports. AFFIRMED. THOMPSON and WIGGINTON, JJ. concur.
150-CITE: 702 So.2d 593 Lillian DOZIER, as Personal Representative of the Estate of Aubrey Dozier,
deceased, Appellant, v. The CITY OF ST. PETERSBURG and Richard Norell, Appellees.
TEXT: FRANK, Judge. Lillian Dozier appeals from the denial of her motion to tax costs following a
...delay. Accordingly, we reverse the order denying the motion to tax costs and remand for further
proceedings. PARKER, C.J., and QUINCE, J., concur.
151-CITE: 587 So.2d 576 David LOMINSKA, Appellant Cross-Appellee, v. FLEET STREET PUBLISHING
CORPORATION, Appellee Cross-Appellant.
TEXT: PER CURIAM. Lominska, a professional photographer, and Fleet Street, a magazine publishing
c...d remanded with instructions to confirm the $7,200.00 in attorney s fees that was awarded in
arbitration pursuant to a contract between the parties.
152-CITE: 678 So.2d 869 NATIONAL ENVIRONMENTAL PRODUCTS, LTD., INC., Appellant, v. Michael FALLS,
Appellee.
TEXT: PARIENTE, Judge. Appellant, National Environmental Products, Ltd., Inc. (NEP), appeals an
aw...urt pursuant to rule 1.540(b) is not so limited. There are strong policy reasons for allowing
open-ended time frames in those limited circumstances.
153-CITE: 460 So.2d 940 Jean GRASLAND and Jeanine Grasland, Appellants, v. TAYLOR WOODROW HOMES LIMITED,
a corporation organized under the laws of the United Kingdom authorized to do business in the State
of Florida, Appellee.
TEXT: ON REHEARING OF ORDER OF DISMISSAL GRIMES, Acting Chief Judge. On December 6, 1983, the
cou...that judgment in their appeal from the May 2, 1984, judgment. We grant appellee s motion and
dismiss the appeal. SCHEB and SCHOONOVER, JJ., concur.
154-CITE: 472 So.2d 1386 The CITY OF HALLANDALE, Florida, and the Code Enforcement Board of the City of
Hallandale, Petitioners, v. Eileen HEIM, Respondent.
TEXT: DOWNEY, Judge. By petition for certiorari, the City of Hallandale (City) seeks review of
two...ty s allowing the code enforcement board to join in these proceedings well after the time for
seeking review of the trial judge s order had expired.
155-CITE: 455 So.2d 1138 Leolus L. WALL, as Personal Representative of the Estate of Iris M. Wall,
Appellant, v. DEPARTMENT OF TRANSPORTATION OF the STATE OF FLORIDA, the County of Sarasota, Deborah
Ann Curtis and Sears-Roebuck Company, a corporation, Appellees.
TEXT: RYDER, Chief Judge. Leolus L. Wall, the plaintiff below, appeals from an order assessing
att...erein lies our disagreement. Our holding in Keen v. Bernardo, 452 So.2d 1133, (Fla. 2d DCA
1984), is consistent with our reasoning expressed herein.
156-CITE: 504 So.2d 50 James L. FIRST, Dale O. Bacon, and Nancy E. Bacon, his wife, Appellants, v. Alton
CARVER and Joyce H. Carver, his wife, Appellees.
TEXT: RYDER, Judge. On January 15, 1980, appellees bought a ten acre parcel of land from
appellant...ngly, we strike the award of attorney s fees pursuant to section 57.105. Affirmed in
part; reversed in part. SCHEB, A.C.J., and LEHAN, J., concur.
157-CITE: 744 So.2d 596 LUTHERAN BROTHERHOOD LEGAL RESERVE FRATERNAL BENEFIT SOCIETY, Appellant, v.
ESTATE OF Robert F. PETZ, Deceased, Appellee.
TEXT: CASANUEVA, Judge. Lutheran Brotherhood Legal Reserve Fraternal Benefit Society appeals an
or...e rationale expressed in Comerica Bank and certify conflict with Baptist Hospital of Miami.
Affirmed. NORTHCUTT, A.C.J., and STRINGER, J., Concur.
158-CITE: 469 So.2d 835 Ernest GOODMAN, Appellant, v. AERO ENTERPRISES, a DIVISION OF ARA SERVICES, a
Delaware Corporation, Appellee.
TEXT: GLICKSTEIN, Judge. This is a consolidated appeal of a final judgment of the Broward County
c... said plaintiffs must look to relief against the attorney for any damages. We affirm. ANSTEAD,
C.J., and GOLDMAN, MURRAY, Associate Judge, concur.
159-CITE: 464 So.2d 687 Dominick J. SALFI, Appellant, v. Laurel K. ISING, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order denying attorney s fees. Appellant is a
circ... JJ., concur. ------------ (FN2) No issue is raised on appeal as to the entitlement of the
Attorney General to attorney s fees under Section 57.105.
160-CITE: 645 So.2d 96 Harold A. JOHNSON, Appellant, v. Charles M. HARRIS and Penny H. Cooper, Appellees
TEXT: PER CURIAM. This is an appeal of an order dismissing with prejudice Harold A. Johnson s
comp... setting aside the clerical default judgment against Judge Harris since his responsive
pleading to the complaint was properly served within 20 days.
161-CITE: 558 So.2d 144 Mel KAHLER and Suzanne Adkison, Appellants, v. E.F. HUTTON & CO., INC., n k a
Shearson Lehman Hutton, Inc., Appellee.
TEXT: PER CURIAM. Kahler and Adkison appeal an order dismissing their multi-count complaint
agains...ause of the appellants loss. Stahl v. Metropolitan Dade County, 438 So.2d 14 (Fla. 3d DCA
1983). The remaining claims are without merit. Affirmed.
162-CITE: 517 So.2d 776 JOHNSON & BAILEY ARCHITECTS, P.C., Appellant, v. SOUTHEAST BRAKE CORPORATION,
Appellee.
TEXT: THREADGILL, Judge. Johnson & Bailey Architects, P.C. (Johnson & Bailey), appeal a final
orde... court with instructions that Johnson & Bailey be given leave to amend its complaint.
Reversed and remanded. LEHAN, A.C.J., and FRANK, J., concur.
163-CITE: 708 So.2d 640 FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, an agency of the State
of Florida, Appellant, v. Irwin S. MORSE, M.D., Appellee.
TEXT: FLETCHER, Judge. The Florida Department of Health and Rehabilitative Services [HRS] appeals
...es to Dr. Morse is reversed. ------------ (FN2) Our review of the record satisfies us that issues
sufficient to preclude such a finding were raised.
164-CITE: 552 So.2d 1150 Shelley MOORE, Appellant, v. Shirley ROTE, Appellee.
TEXT: PER CURIAM. Shelley Moore appeals a final declaratory judgment declaring certain real
proper...e. Once it is determined that the property is homestead, it follows that the judgment lien
does not attach, regardless of who is the head of family.
165-CITE: 754 So.2d 859 Gary Lamar POLITE, Appellant, v. The STATE of Florida, Appellee.
TEXT: GREEN, J. Gary Lamar Polite was charged with possession of cocaine and the sale of cocaine
t.... 202, 85 S.Ct. 824, 13 L.Ed.2d 759 (1965)). We therefore reverse the conviction and sentence
imposed thereto and remand for a new trial. Reversed.
166-CITE: 687 So.2d 68 AIB MORTGAGE COMPANY, Appellant, v. Larry SWEENEY, Appellee.
TEXT: NESBITT, Judge. Plaintiff-appellant AIB Mortgage Company appeals a final order granting
defe...e judge who heard it has since retired from the bench, remand for completion of the case,
instead of the new trial we have ordered, is not possible.
167-CITE: 564 So.2d 1217 PERSONNEL ONE, f k a Ad-A-Girl Personnel, Inc., Appellant, v. JOHN SOMMERER &
COMPANY, P.A., Appellee.
TEXT: JORGENSON, Judge. Personnel One, Inc., appeals from an order of final summary judgment and
a...Ins. Co., 410 So.2d 501, 506 (Fla.1982). Because the order on appeal contains no such finding,
it cannot stand. AFFIRMED IN PART, REVERSED IN PART.
168-CITE: 690 So.2d 651 STATE of Florida DIVISION OF RISK MANAGEMENT DEPARTMENT OF HIGHWAY SAFETY AND
MOTOR VEHICLES, Appellant, v. Tommy MARTIN, Appellee.
TEXT: KAHN, Judge. Appellants challenge a final workers compensation order awarding compensation,
...nsation cases . . . Ullman v. City of Tampa Parks Dep t, 625 So.2d 868, 873 (Fla. 1st DCA 1993).
REVERSED. BARFIELD, C.J., and BENTON, J., concur.
169-CITE: 481 So.2d 560 William Earl PARKER, Appellant, v. STATE of Florida, Appellee. Michael HUGHEY,
Appellant, v. STATE OF Florida, Appellee.
TEXT: SHARP, Judge. Parker and Hughey appeal from sentences received after their convictions of
ro... and UPCHURCH, J., concur. ------------ (FN5) See, e.g., Weems v. State, 469 So.2d 128
(Fla.1985) (unscored convictions valid reason for departure).
170-CITE: 655 So.2d 1120 Daniel Lee DOYLE, Petitioner, v. Harry K. SINGLETARY, Respondent.
TEXT: PER CURIAM. Daniel Lee Doyle, an inmate under sentence of death, petitions this Court for
wr...ES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. ------------ (FN1)
472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985).
171-CITE: 630 So.2d 198 Tommy Lee GAINES, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Gaines appeals from an order which summarily denied his rule 3.850 motion
(... establish appellant is not entitled to relief on this ground. REVERSED and REMANDED. DAUKSCH
J., concurs. GRIFFIN, J., dissents without opinion.
172-CITE: 653 So.2d 440 SOUTH MEDICAL SERVICES, INC., Appellant, v. STATE of Florida, AGENCY FOR HEALTH
CARE ADMINISTRATION, Appellee.
TEXT: PER CURIAM. South Medical Services, Inc., appeals a final order issued by the Agency for
Hea...ding the termination of South Medical from the Medicaid program and the imposition of
administrative fines. Affirmed in part, and reversed in part.
173-CITE: 720 So.2d 270 STATE of Florida, DEPARTMENT OF REVENUE, Appellant, v. SEMINOLE TRIBE OF
FLORIDA, a federally recognized Indian tribe, Appellee.
TEXT: PER CURIAM. The State of Florida Department of Revenue (DOR) appeals an order of the
Broward... have Power . . . To regulate Commerce with foreign Nations, and among the several States,
and with the Indian Tribes. ). (FN2) U.S. CONST. Art. VI.
174-CITE: 498 So.2d 1346 ALTAMONTE HITCH AND TRAILER SERVICE, INC., a Florida corporation, and C.R.
Foreman, Appellants, v. U-HAUL COMPANY OF EASTERN FLORIDA, a Florida corporation, and Amerco, Inc.,
a foreign corporation doing business in the State of Florida, Appellees.
TEXT: SHARP, Judge. C.R. Foreman and Altamonte Hitch and Trailer Service, Inc. appeal from an
orde...r. ------------ (FN6) Thus, appellees could be considered to be prevailing parties only
against Altamonte Hitch and not Foreman on the counterclaim.
175-CITE: 575 So.2d 747 Jerry Lee SETZER, Appellant, v. STATE of Florida, Appellee.
TEXT: DIAMANTIS, Judge. Appellant, Jerry Lee Setzer, timely appeals his sentence arguing that the
... the trial court hold an evidentiary hearing on this motion. REVERSED AND REMANDED. PETERSON,
J., concurs. GRIFFIN, J., dissents without opinion.
176-CITE: 564 So.2d 1078 SUN BANK OF OCALA, Petitioner, v. Jacques FORD, Respondent.
TEXT: McDONALD, Justice. We review Sun Bank of Ocala v. Ford, 553 So.2d 368 (Fla. 5th DCA 1989),
w...e First State Insurance Co. on the facts of that case. It is so ordered. SHAW, C.J., and
OVERTON, EHRLICH, BARKETT, GRIMES and KOGAN, JJ., concur.
177-CITE: 716 So.2d 846 Adrian GANTT, Appellant, v. Carolyn GANTT and Louvenia Holzendorf, Appellees.
TEXT: KROLL, KATHLEEN J., Associate Judge. Appellant, Mr. Gantt, appeals a final judgment of
disso...blood tests as to all six children. REVERSED AND REMANDED for further proceedings
consistent with this opinion. FARMER and STEVENSON, JJ., concur.
178-CITE: 478 So.2d 845 Mario BURNETT, Appellant, v. George BRITO and Diana Brito, and Pedro Realty,
Inc., Appellees.
TEXT: HENDRY, Judge. The action giving rise to this appeal was commenced as an inter-pleader by a
... Mr. Burnett such costs as are reasonable and additional interest in accordance with this
opinion. Affirmed in part, reversed in part and remanded.
179-CITE: 511 So.2d 720 Don A.G. PLATTE and Linda J. Platte, Appellants Plaintiffs, v. WHITFIELD REALTY
COMPANY, INC., Appellee Defendant.
TEXT: SHIVERS, Judge. Appellants, Don A.G. Platte and Linda J. Platte, appeal from the trial
court...smissing with prejudice appellants amended complaint and remand for further proceedings.
REVERSED and REMANDED. NIMMONS and BARFIELD, JJ., concur.
180-CITE: 736 So.2d 776 Tessie SCHUSSEL, Appellant Cross-Appellee, v. LADD HAIRDRESSERS, INC., d b a
Hair & Company, a Florida corporation, Appellee Cross-Appellant.
TEXT: HAZOURI, J. This is an appeal by the plaintiff, Tessie Schussel (Schussel), of a final
judgm...ontinuance. The offer of judgment was untimely and thus unenforceable. We affirm the trial
court s non-final order. GUNTHER and GROSS, JJ., concur.
181-CITE: 599 So.2d 251 E.A., a juvenile, et al., Appellants, v. The STATE of Florida, Appellee.
TEXT: GODERICH, Judge. The respondents below, E.A., C.G., W.A., J.F. and V.F., appeal from their
a...instructions to reduce the adjudications to attempted aggravated battery; and affirm the
remaining adjudications which were not contested on appeal.
182-CITE: 493 So.2d 1115 CARGO DEVELOPMENT, INC., and Travelers Insurance Company, Appellants, v.
Lorenzo MAGDALENO, Appellee.
TEXT: SHIVERS, Judge. Cargo Development, Inc. and Travelers Insurance Company (Employer Carrier)
a...pensation for both his toe and back injuries. Given the status of this appeal, I would affirm
the order as it pertains to the compensation directed.
183-CITE: 508 So.2d 534 Ernest RUPPEL and Robert P. Mandersheid, general partners in the Florida Limited
Partnership, Gulf Winds Apartments, Ltd., Appellants, v. GULF WINDS APARTMENTS, INC., a Florida
corporation and a Florida Condominium Association, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellants, Ernest Ruppel, Robert P. Mandersheid and Gulf
Wind...e, reverse the order that awarded Condo Association its attorney s fees and decline to
consider the second issue. HALL and THREADGILL, JJ., concur.
184-CITE: 734 So.2d 1077 Iris J. CARO, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: VAN NORTWICK, J. Iris J. Caro appeals the denial of her petition for unemployment
compensati...09 So.2d 642 (Fla. 2d DCA 1998). Accordingly, the cause is REVERSED and REMANDED for
entry of an award of benefits. BOOTH and BENTON, JJ., CONCUR.
185-CITE: 432 So.2d 179 Neal GALINKO, Appellant, v. AETNA CASUALTY AND SURETY CO., Appellee.
TEXT: ZEHMER, Judge. The plaintiff below, Neal Galinko, appeals a final judgment entered in a
nonj... defenses were alleged by Aetna, but not reached it the first trial, it may well become
necessary to consider those issues upon further proceedings.
186-CITE: 712 So.2d 1141 ORUGA CORPORATION, INC., on behalf of itself and all others similarly situated,
Appellant, v. AT&T WIRELESS OF FLORIDA, INC., a Florida Corporation, Appellee.
TEXT: GREEN, Judge. We have before us on the main appeal of this cause the issue of whether the
of... Section 57.105(1) Fla.Stat. (1993). *1146 For all of these reasons, we affirm the order under
review on both the main and cross appeal. Affirmed.
187-CITE: 491 So.2d 1245 David M. HOCHSTRASSER, Appellant, v. Hon. David A. DEMERS, County Judge, Sixth
Judicial Circuit of Florida, Appellee.
TEXT: GRIMES, Acting Chief Judge. This is an appeal from the denial of a petition seeking to
prohi...hibition and direct that the circuit court enter an order prohibiting further prosecution
for the subject crimes. RYDER and SANDERLIN, JJ., concur.
188-CITE: 504 So.2d 756 In re Inquiry Concerning a Judge, Judge E.L. EASTMOORE.
TEXT: PER CURIAM. The Judicial Qualifications Commission has recommended that Circuit Judge E.L.
E...re for the two events described above. It is so ordered. McDONALD, C.J., and EHRLICH, SHAW and
BARKETT, JJ., concur. ADKINS, J. (Ret.), dissents.
189-CITE: 698 So.2d 345 SUNRISE GIFT & SOUVENIR, INC., Larry Bessey, d b a Phase III Electric, Jim Baker
Construction, Inc., Vista Partners, Sellar-Morris Properties, Inc., et al., Petitioners, v. Richard
MARCOTTE, et al., Respondents.
TEXT: ON MOTION TO DISMISS DAUKSCH, Judge. Petitioners, who are being sued by a fire-fighter and
...re, we grant respondents motion to dismiss and dismiss the petitions for writ of certiorari.
PETITIONS DISMISSED. GOSHORN and HARRIS, JJ., concur.
190-CITE: 483 So.2d 453 Harold OWEN and One (1) 1976 Lincoln Continental Mark IV Automobile, Appellant,
v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. This appeal is before us from an order denying Owen s rule 1.540 motion
to...YTE P., JR. (Ret.), Associate Judge, concur. ------------ (FN2) There has been no showing of
fraud sufficient to circumvent the one-year limitation.
191-CITE: 692 So.2d 225 Scott GOLDY, Appellant Cross-Appellee, v. CORBETT CRANES SERVICES, INC., etc.,
Appellee Cross-Appellant.
TEXT: PETERSON, Chief Judge. Scott Goldy appeals the denial of his motion for sanctions pursuant
t...r caused the appellee to act in reliance on the withdrawal, these rules and statutes should be
strictly complied with. Any error disfavors an award.
192-CITE: 650 So.2d 169 Thomas A. SKUBAL, Appellant, v. William O. COOLEY and Arthur J. Petrie, as
general partners of Welleby Partners, Ltd., a Florida partnership, Robert C. Jacoby and Biby O.
Jacoby, Appellees.
TEXT: HERSEY, Judge. Thomas L. Skubal appeals an order denying his motion for attorney s fees. We
...nt to section 772.104. Foreman, 568 So.2d at 532 (citations omitted) (emphasis in original).
REVERSED AND REMANDED. WARNER and KLEIN, JJ., concur.
193-CITE: 693 So.2d 1061 Judy NATHANSON, Petitioner, v. Theodore NATHANSON and Honorable Julie Koenig,
Circuit Judge of the Seventeenth Judicial Circuit In And For Broward County, Florida, Respondents.
TEXT: ON MOTION FOR REHEARING WARNER, J. We withdraw our previously issued opinion and
substitute...otality of the content of the sworn motion to disqualify and the transcript of the
hearing on the motion were legally sufficient to require recusal.
194-CITE: 613 So.2d 1324 Frank CIARAMELLO, Jr. and Anna Dimuccio, as Executors of the Estate of Frank B.
Ciaramiello a k a Bartholomeo Ciaramiello, Sr. a k a Bartholomeo Ciaramello, Appellants, v. Gladys D
AMBRA and Gabriel D Ambra, Appellees.
TEXT: SCHEB, Judge. We write primarily to explain that in determining entitlement to attorney s
fe... found in section 772.104, Florida Statutes, to be interpreted as authorizing attorney s fees
where a claim lacks either legal or factual substance.
195-CITE: 577 So.2d 682 Joseph WARREN, Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. Warren appeals his conviction of one count of second degree murder. We
reve...this use of deadly force was justifiable. Accordingly, we reverse and remand for a new trial.
REVERSED and REMANDED. ERVIN and BOOTH, JJ., concur.
196-CITE: 667 So.2d 350 Barbara DEMBY, Appellant, v. Catherine A. ENGLISH, Appellee.
TEXT: PER CURIAM. We review the trial court s denial of appellant s request for attorney fees
purs... for entry of a finding under section 57.105, Florida Statutes, and an award of attorney s
fees to appellant. BOOTH, MINER and MICKLE, JJ., concur.
197-CITE: 596 So.2d 1288 INTERNATIONAL TRADE ASSISTANCE CORPORATION, Appellant Cross-Appellee, v. FORMS
MANUFACTURING EQUIPMENT, INC., for the Use and Benefit of the INSURANCE COMPANY of NORTH AMERICA,
Appellees Cross-Appellants.
TEXT: PER CURIAM. International Trade Assistance Corporation (ITAC) appeals a final judgment for
m...n at statutory rate in forum state). AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with
directions. SMITH, WIGGINTON and WEBSTER, JJ., concur.
198-CITE: 590 So.2d 946 Frank CIARAMELLO, Jr. and Anna Dimuccio, as Executors of the Estate of Frank B.
Ciaramiello a k a Bartholomeo Ciaramiello, Sr. a k a Bartholomeo Ciaramello, Appellants, v. Gladys D
AMBRA and Gabriel D Ambra, Appellees.
TEXT: SCHEB, Judge. We write primarily to explain that in determining entitlement to attorney s
fe... found in section 772.104, Florida Statutes, to be interpreted as authorizing attorney s fees
where a claim lacks either legal or factual substance.
199-CITE: 568 So.2d 531 Joyce FOREMAN, Appellant, v. E.F. HUTTON & COMPANY, INC., and Sanford Rywell,
Appellees.
TEXT: NESBITT, Judge. This is an appeal of an attorney s fee award to a defendant pursuant to
sect...costs on grounds the RICO allegations were frivolous or insubstantial. See Alexander v.
Jenkins, No. 89-4050, 1990 WL 98960 (E.D.Pa. July 13, 1990).
200-CITE: 537 So.2d 1116 Herbert M. JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. Appellant was convicted of possession of cocaine and sentenced to four years
...0 F.2d 1383 (5th Cir.), cert. denied, 444 U.S. 943, 100 S.Ct. 299, 62 L.Ed.2d 310 (1979); and
United States v. Garcia, 721 F.2d 721 (11th Cir.1983).
201-CITE: 548 So.2d 865 Richard T. AVERY, Appellant, v. Rachael L. AVERY, Appellee.
TEXT: WARNER, Judge. The husband appeals a final judgment of dissolution which, inter alia,
awards...entary proof of the judgment or the payments he made on it. Thus, the evidence presented a
murky picture at best of the husband s financial ability.
202-CITE: 550 So.2d 490 Thuy Thanh NGUYEN, Appellant, v. ROTH REALTY, INC., a Florida Corporation, f k a
Florida Businesses and Commercial Realty, Inc., Appellee.
TEXT: EATON, O.H., Jr., Associate Judge. Nguyen appeals a final judgment rendered against him in
a...nt. The judgment is reversed with directions to the trial court to enter judgment for
appellant. REVERSED. DANIEL, C.J., and GOSHORN, J., concur.
203-CITE: 695 So.2d 1253 Tara DANIEL, Petitioner, v. Michael S. DANIEL, Respondent.
TEXT: PER CURIAM. We have for review the following question certified to be of great public
import...e for proceedings consistent with this opinion. It is so ordered. KOGAN, C.J., and
OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
204-CITE: 576 So.2d 868 Frank DALIA, Appellant, v. Shirley DUDA, Edward Alvarez, Inc., Wimbish Realty,
Inc., and Electronic Realty Associates, Inc., Appellees.
TEXT: PER CURIAM. This is an attorneys fee case. An award was made pursuant to section 57.105,
Flo...lees Angella and one of the brokerage firms settled with Dalia on his third-party claims and
filed motions that the appeals be dismissed as to them.
205-CITE: 590 So.2d 968 Anthony Pierce MATTOX, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Anthony Mattox appeals, pursuant to rule 9.140(g), Florida Rules of Appellate
Pr...etion under the rule decline to do so. REVERSED AND REMANDED. ERVIN, ZEHMER and BARFIELD,
JJ., concur. ------------ (FN2) Toler, 493 So.2d at 491.
206-CITE: 430 So.2d 975 CALDER RACE COURSE, INC., Appellant, v. Frank GAITAN, Appellee.
TEXT: HENDRY, Judge. This appeal arises from an order denying appellant s motion for costs and
att... party. Therefore, that portion of the trial court s order denying appellant s motion for
costs is reversed. Affirmed in part and reversed in part.
207-CITE: 699 So.2d 337 VILLAGES AT MANGO KEY HOMEOWNERS ASSOCIATION, INC., Appellant, v. HUNTER
DEVELOPMENT, INC., Appellee.
TEXT: ANTOON, Judge. The trial court entered summary judgment in favor of Hunter Development,
Inc....nd this matter to the trial court for further proceedings. REVERSED and REMANDED. W. SHARP,
J., concurs. GRIFFIN, C.J., dissents without opinion.
208-CITE: 630 So.2d 633 BEKINS VAN LINES, a foreign corporation, Appellant Cross-Appellee, v. Denita
SCHAEFFER, Appellee Cross-Appellant.
TEXT: ANSTEAD, Judge. The appellee, Denita Schaeffer, sued appellant, Bekins Van Lines, for
allege...t refused to allow Schaeffer s expert to testify because the expert was not disclosed to
Bekins until the eve of trial. That ruling is not in issue.
209-CITE: 431 So.2d 1011 Douglas Bret WHIPPLE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Affirmed. GRIMES, A.C.J., and SCHEB and RYDER, JJ., concur. ON MOTION FOR
REHE...G DENIED. GRIMES, A.C.J., and SCHEB and RYDER, JJ., concur. ------------ (FN13) City of
Miami Beach v. Poindexter, 96 Fla. 811, 119 So. 136 (1928).
210-CITE: 756 So.2d 268 Louis LIGUORI, Appellant, v. Helen DALY, Appellee.
TEXT: TAYLOR, J. Louis Liguori, the defendant below, appeals from the trial court s award of
attor...ngency fee multiplier. *270 See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150
(Fla.1979). AFFIRMED. GUNTHER and STEVENSON, JJ., concur.
211-CITE: 512 So.2d 1003 Ronald J. SCHULTZ, Appellant, v. Edward J. LURIE, as Trustee of Edward J. Lurie
Trust, and O. Sanford Jasper, Appellees.
TEXT: PER CURIAM. The trial court s judgment directed the property appraiser to reassess the
plain..., and CAMPBELL and HALL, (FN*) JJ., concur. ------------ (FN*) Judge Hall particiapted in
the decision but did not participate in the oral argument.
212-CITE: 432 So.2d 809 Robert W. SNAIDMAN and wife, Julianne Snaidman, Appellants, v. Donald R.
HARRELL, d b a Allied Development Company, Appellee.
TEXT: ZEHMER, Judge. In May 1980, appellants [owners] contracted with appellee [contractor] for
th...e fee for appellants attorney s services incident to the mechanic s lien aspect of the case.
ROBERT P. SMITH, Jr., C.J., and WENTWORTH, J., concur.
213-CITE: 688 So.2d 950 LONE STAR INDUSTRIES, INC., Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY,
Appellee.
TEXT: GREEN, Judge. We have for review a non-final order awarding Liberty Mutual Insurance
Company...t create a taxable cost in the form of a bond premium within the meaning of Rule
9.400(a)(3) of the Florida Rules of Appellate Procedure. Reversed.
214-CITE: 501 So.2d 50 Fred D. GREENE, Appellant, v. The SCHOOL BOARD OF HAMILTON COUNTY, Florida,
Appellees.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order of the Hamilton County School Board
fin... Statutes (1985). The order is therefore reversed and the cause remanded for disposition
consistent herewith. BOOTH, C.J., and ZEHMER, J., concur.
215-CITE: 719 So.2d 1206 Charles DIEZ, Jr., as Personal Representative of the Estate of Richard D.
Denson, Appellant, v. Linda J. DENSON; American Express Financial Advisors, Inc., f k a IDS
Financial Services, Inc., a Delaware corporation; and Metropolitan Life Insurance Company, a New
York corporation, Appellees.
TEXT: CAMPBELL, Acting Chief Judge. Appellant Charles Diez, Jr., as personal representative of
the...de Mrs. Denson the beneficiary of Mr. Denson s life insurance policy up to the amount of
$150,000. Affirmed. THREADGILL and NORTHCUTT, JJ. concur.
216-CITE: 434 So.2d 964 TAGGART CORPORATION, Appellant, v. E. Christopher BENZING, Appellee.
TEXT: LETTS, Chief Judge. This appeal evolves from a buyer s successful suit for specific
performa..., otherwise the questions die for lack of appropriate presentation. REVERSED AND
REMANDED IN ACCORDANCE HEREWITH. BERANEK and WALDEN, JJ., concur.
217-CITE: 585 So.2d 388 Manuel Ambrosio LEMUS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Manuel Lemus appeals the denial of his motion for postconviction relief. We
reve...rom the trial court itself. Cf. Tobey v. State, 566 So.2d 603 (Fla. 2d DCA 1990). Reversed.
DANAHY, A.C.J., and LEHAN and ALTENBRAND, JJ., concur.
218-CITE: 704 So.2d 195 Moses L. BANKS, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The appellant, Banks, appeals from judgments and sentences in two consolidated
...al court with directions to conduct a pre-sentencing evidentiary hearing on Banks motion.
REVERSED AND REMANDED. W. SHARP and ANTOON, JJ., concur.
219-CITE: 433 So.2d 1327 Frank MENFI, Appellant, v. EXXON COMPANY, U.S.A. and Crockett-Bradley, Inc.,
Appellees.
TEXT: ON MOTION TO DISMISS DANIEL S. PEARSON, Judge. The jury returned its verdict on February
17...ehmann s use of appellate definitions to rules of civil procedure is in derogation of the
Supreme Court s holding in Casto v. Casto, 404 So.2d 1046.
220-CITE: 459 So.2d 466 107 GROUP, INC., Appellant, v. GULF COAST PAVING & GRADING, INC., Appellee.
TEXT: ERVIN, Chief Judge. After final judgment, 107 Group appealed an interlocutory order which
re...stating Gulf Coast s action is reversed with directions that judgment of dismissal be entered
against Gulf Coast. BOOTH and WENTWORTH, JJ., concur.
221-CITE: 567 So.2d 926 The CITY OF LIVE OAK, Florida, Appellant, v. Arlie K. TOWNSEND and Rossie
Townsend, his wife, and Robert J. Sparks and Irma M. Sparks, Appellee.
TEXT: Miner, Judge. Among the issues presented for our review in this consolidated appeal is
wheth...se the matter on appeal. To hold otherwise would be to embrace form and eschew substance.
REVERSED and REMANDED. WIGGINTON and ALLEN, JJ., concur.
222-CITE: 513 So.2d 1110 QUALITY TYPE & GRAPHICS, Appellant, v. Douglas M. GUETZLOE, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment in a quantum meruit case. The county
court...uld in many instances, for the sake only of convenience to a putative wrongdoer, defeat the
ends of justice. 1 Am.Jur.2d Actions, Section 58 (1977).
223-CITE: 545 So.2d 274 NISSAN MOTOR CORPORATION IN U.S.A., a California corporation; Nissan Motor
Company, Ltd., a foreign corporation; Datsun Boulton Motors, Inc., a Florida corporation; and
Florida Insurance Guaranty Association, a Florida statutory entity, Appellants, v. Ada Margarita
PADILLA f k a Ada Martinez, individually and through Maria Falgiatore, as guardian of the property
of Ada Padilla, Appellee.
TEXT: PER CURIAM. The appellants raise several issues on appeal. The main issue is whether a
judge...ct on Criminal Case, of Misconduct in Connection with Jury After Their Retirement as
Affecting Right to New Trial or Reversal, 96 A.L.R. 530 (1935).
224-CITE: 508 So.2d 453 MEDICAL PERSONNEL POOL OF PALM BEACH, INC., and Lynn Leonard, Appellants, v.
Charles WALSH, Marie Walsh, Good Samaritan Hospital Association Inc., Florida Patients Compensation
Fund and Kurt Hasenhuttl, M.D., Appellees.
TEXT: STONE, Judge. This is an appeal from a judgment entered following a non-jury trial,
apportio...iding inaccurate answers to interrogatories, the opposing party may have been deprived of
more property than it might otherwise have had to give up.
225-CITE: 512 So.2d 320 ROB-COR, INC., a Florida corp., d b a the Shop for Pappagallo, Appellant, v.
William G. INES, individually and d b a Video Images, Appellee.
TEXT: BASKIN, Judge. Rob-Cor, Inc. [Rob-Cor], challenges the trial court s denial of its motion
to...ims. See generally Cheek v. McGowan Elec. Supply Co., 511 So.2d 977 (Fla.1987); Finkelstein v.
North Broward Hosp. Dist., 484 So.2d 1241 (Fla.1986).
226-CITE: 690 So.2d 678 Jeffrey H. MERIAN, Appellant, v. Suzanne M. MERHIGE, Appellee.
TEXT: COPE, Judge. Appellant-father Jeffrey H. Merian appeals an order entered on report of the
Ge... is remanded with directions to conduct a prompt hearing on the father s motions for
modification and to enforce visitation. Reversed and remanded.
227-CITE: 602 So.2d 594 PHILLIPS BUICK-PONTIAC-GMC, INC., Appellant Cross-Appellee, v. Scott S. DALLON,
etc., et al., Appellees Cross-Appellants.
TEXT: COWART, Judge. The appellees, parents, purchased a used Volkswagen Rabbit from the
appellant...nson, 598 So.2d 219 (Fla. 5th DCA 1992); see also, Perenic v. Castelli, 353 So.2d 1190
(Fla. 4th DCA 1977), cert. denied, 359 So.2d 1211 (Fla.1978).
228-CITE: 533 So.2d 767 THE FLORIDA BAR, Complainant, v. Harold W. COLEE, Jr., Respondent.
TEXT: McDONALD, Justice. After a hearing on the Florida Bar s complaint, the referee recommended
t... (FN4) We invite The Florida Bar to review this type of action to determine if chapter 4 of the
Rules Regulating The Florida Bar should be modified.
229-CITE: 541 So.2d 1290 Diogenes D ALACIO, Appellant, v. INTERCONTINENTAL BANK, a Florida banking
corporation, Appellee.
TEXT: PER CURIAM. Diogenes D Alacio appeals from an order denying his motion to vacate a default
a...5, 203 (Fla. 3d DCA 1980), Schwartz, J., dissenting); Bernuth Marine Shipping, Inc. v.
Integrated Container Serv., 369 So.2d 424 (Fla. 3d DCA 1979).
230-CITE: 566 So.2d 508 Paul G. LANE, et al., Petitioners, v. Thomas A. HEAD, et al., Respondents.
TEXT: KOGAN, Justice. We have for review Head v. Lane, 541 So.2d 672 (Fla. 4th DCA 1989), based
on...y a portion of the fee regardless of the outcome of the case, the lawyer is able to hedge
against the possibility of losing. McDONALD, J., concurs.
231-CITE: 472 So.2d 1347 Ronald J. SCHULTZ, Appellant, v. Jack Y. WILLIAMS, an individual; George H.
Bangert, Jr. and Lily Bangert, his wife, individuals; Lewis Crowe, Jr. and Beverly I. Crowe, his
wife, individuals; and Lewis E. Crowe and David F. Crowe, individuals; Robert F. Murphy, individual;
Francis F. Williams, individual; Jack Y. Williams and Joseph R. Miele, individuals; James S.
Williams, individual, Appellees.
TEXT: SCHEB, Judge. Appellant Schultz contends the trial court erred in awarding appellees a
judgm...essment of attorney s fees on appeal filed under section 57.105 and Florida Rule of
Appellate Procedure 9.140. GRIMES, A.C.J., and OTT, J., concur.
232-CITE: 668 So.2d 296 George GRAY, Appellant, v. Michael BRADBURY, Appellee.
TEXT: MICKLE, Judge. In this consolidated appeal and cross-appeal taken from a final judgment
ente...ert costs in the amount of $30,519.67. AFFIRMED in part; REVERSED in part; and REMANDED for
further proceedings. JOANOS and LAWRENCE, JJ., concur.
233-CITE: 450 So.2d 585 Felix GONZALEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: SCOTT, ROBERT C., Judge. This appeal concerns the propriety of the lower court s failure to
... am not aware of any authority which accords to any party the right to make a closing argument in
mid-trial and a second at the trial s conclusions.
234-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.
235-CITE: 490 So.2d 1020 Barbara Jean GANT and Leon Gant, Jr., her husband, Appellants, v. TALLAHASSEE
MEMORIAL REGIONAL MEDICAL CENTER, A.D. Brickler, M.D. and Florida Patient s Compensation Fund,
Appellees.
TEXT: MILLS, Judge. The Gants appeal from dismissal of their medical malpractice action for lack
o...ting the reasoning of the en banc decision of the Second District in Fleming v. Barnett Bank of
East Polk County, 490 So.2d 126 (Fla. 2nd DCA 1986).
236-CITE: 553 So.2d 1300 John MUCKERMAN, Appellant, v. Barbara Diane BURRIS, Appellee.
TEXT: BASKIN, Judge. John Muckerman appeals a judgment entered pursuant to section 57.105,
Florida...t s motion for attorney s fees, we grant rehearing, vacate the order of December 2, 1989,
and deny appellant s motion for appellate attorney s fees.
237-CITE: 654 So.2d 239 FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., Appellant, v. Terrance JOHNSON,
Appellee.
TEXT: POLEN, Judge. The Florida Insurance Guaranty Association, Inc. (FIGA) appeals a final
judgme...against FIGA. The judgment entered against FIGA, including the costs of $3,062.11, is
affirmed in all respects. DELL, C.J., and STONE, J., concur.
238-CITE: 578 So.2d 474 Rose PIRRETTI, Rose Deangelis, and Lisa Deangelis, Appellants, v. DEAN WITTER
REYNOLDS, INC. and Richard Frost, Appellees.
TEXT: STONE, Judge. We affirm a judgment for attorney s fees in favor of the prevailing
defendants...RDABLE, MAY BE RECOVERED FOR THE ADDITIONAL ATTORNEY S EFFORTS IN LITIGATING THE
AMOUNT OF FEES ULTIMATELY AWARDED? DELL and WARNER, JJ., concur.
239-CITE: 548 So.2d 219 THE FLORIDA BAR, Complainant, v. Warner B. MILLER, Respondent.
TEXT: PER CURIAM. The Florida Bar petitions for review of a referee s recommendations regarding
gu...3,485.82, for which sum let execution issue. It is so ordered. EHRLICH, C.J., and OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
240-CITE: 670 So.2d 181 Dorothy H. WILKEN, as clerk of the Circuit Court of the Fifteenth Judicial
Circuit, Appellant, v. NORTH COUNTY COMPANY, INC., a Florida corporation, Yogi-By-The Sea
Condominium Assoc., Inc., FDIC, as Liquidating agent for Malden Trust Company, a dissolved
Massachusetts trust company, Appellees.
TEXT: STEVENSON, Judge. The question in this appeal is whether the clerk of the circuit court
must...n the present appeal, the clerk promptly acted on the written information of the pending
bankruptcy actions as soon as the information was received.
241-CITE: 648 So.2d 830 SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR & EMPLOYMENT SECURITY, State
of Florida, Appellant, v. WESTWIND TRANSPORTATION and Claims Center, Appellees.
TEXT: WENTWORTH, Senior Judge. This is an appeal of a March 9, 1994 final workers compensation
ord...er determination of MMI. The order is reversed and the cause remanded with directions that
the claim be dismissed. WOLF and LAWRENCE, JJ., concur.
242-CITE: 459 So.2d 1172 Shirley I. McHAN and Burnice McHan, her husband, Appellants, v. Teresa Lynn
HUGGINS, Appellee.
TEXT: COBB, Chief Judge. This is an appeal from an award of attorney fees pursuant to section
57.1...practical or impossible. See Stevenson v. Rutherford, 440 So.2d 28 (Fla. 4th DCA 1983).
REVERSED. DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur.
243-CITE: 677 So.2d 1295 Roy L. MACKEY and Bertha L. Mackey, his wife, Appellants, v. HOUSEHOLD BANK,
F.S.B., a Federally Chartered Savings Bank, Appellee.
TEXT: GROSS, Judge. We affirm the summary final judgment of foreclosure, in which the trial court
...reating a morass of technical regulations with no connection to human experience. STEVENSON, J.,
and GROSSMAN, MELVIN, B., Associate Judge, concur.
244-CITE: 650 So.2d 635 Sarah OLSON, Charles Olson and J.R. Avery, Appellants Cross-Appellees, v. Joseph
M. POTTER, E. Gordon Potter, his wife, and Leslie M. Conklin, Appellees Cross-Appellants.
TEXT: QUINCE, Judge. The appellees cross-appellants, Joseph M. Potter, E. Gordon Potter and
Leslie...rsed. This cause is remanded for determination of the amount of fees to be awarded pursuant
to section 57.105. FRANK, C.J., and PARKER, J., concur.
245-CITE: 707 So.2d 858 Gregory BALASCO, an individual, and RJS, Inc., a Florida corporation d b a
Sarasota Toyota, Appellants, v. GULF AUTO HOLDING, INC., a Florida corporation, and Courtesy Toyota
of Brandon, Inc., a Florida corporation, Appellees.
TEXT: QUINCE, Judge. Gregory Balasco appeals a temporary injunction entered in favor of Courtesy
T...---- (FN1) Section 542.335(1)(b)5, Florida Statutes (Supp.1996), identifies extraordinary and
specialized training as legitimate business interests.
246-CITE: 696 So.2d 384 SIMKINS INDUSTRIES, INC., a Delaware corporation d b a Westfield Financial
Corporation, Appellant, v. LAWYERS TITLE INSURANCE CORPORATION, a Virginia Corporation and Marvin M.
Green, an individual, Appellees.
TEXT: SORONDO; Judge. Simkins Industries, Inc., (Simkins), appeals a final judgment taxing
attorne...PE, Judge (dissenting). The trial court correctly applied subsection 57.105(1), Florida
Statutes, to this case and the judgment should be affirmed.
247-CITE: 714 So.2d 356 Stephan BITTERMAN, et al., Petitioners, v. Anette BITTERMAN, Respondent. Stephan
BITTERMAN, et al., Petitioners, v. Patrick H. WEIDENBENNER, Respondent.
TEXT: HARDING, Justice, We have for review Bitterman v. Bitterman, 685 So.2d 861 (Fla. 4th DCA
199...ms College cases and our reasoning here. It is so ordered. KOGAN, C.J., OVERTON, SHAW, WELLS
and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.
248-CITE: 436 So.2d 303 Edgar C. PLATEL, Appellant, v. MAGUIRE, VOORHIS & WELLS, P.A., et al.,
Appellees.
TEXT: ON RULE TO SHOW CAUSE EN BANC. On June 15 this Court served Edgar C. Platel, the appellant
...hat the action is frivolous or malicious. (FN2) Ray v. Williams, 55 Fla. 723, 46 So. 158 (1908);
Shotkin v. Cohen, 163 So.2d 330 (Fla. 3d DCA 1964).
249-CITE: 730 So.2d 705 Martha E. PALOMARES, Appellant, v. Lorenzo J. PALOMARES, Appellee.
TEXT: NESBITT, J. On Motion To Require Court Reporters To Charge A Reasonable Rate For
Transcript...tter of law require the court reporter to follow the rules adopted by the Supreme Court
of Florida. Motion granted in accordance with our decision.
250-CITE: 448 So.2d 609 Dorothy Helen DAYTON, M.D., Mary Johnson, Anne Cooper, Laurie Cauthen, Marcie
Lynn Conger and George Drew Conger, Appellants, v. Thomas A. CONGER, Appellee.
TEXT: NESBITT, Judge. Various beneficiaries of decedent s estate appeal an order awarding a
truste...ficiaries shares of the estate, and imposing personal liability on the beneficiaries for
costs are affirmed. Reversed in part and affirmed in part.
251-CITE: 739 So.2d 697 Leslie MURPHY and Arthur B. Person, Appellants, v. Robert CHITTY, etc., et al.,
Appellees.
TEXT: GOSHORN, J. The circuit court entered a temporary injunction barring Appellants Murphy and
P...unctive relief. See Sarasota Beverage Co. v. Johnson, 551 So.2d 503, 509 (Fla. 2d DCA 1989).
REVERSED and REMANDED. COBB and GRIFFIN, JJ., concur.
252-CITE: 596 So.2d 1229 Eddie BASS, Appellant, v. SARASOTA COUNTY BOARD OF COUNTY COMMISSIONERS and
Hewitt Coleman and Associates, Inc., Appellees.
TEXT: ZEHMER, Judge. Eddie Bass, claimant, appeals a workers compensation order that denied his
cl...--------- (FN3) The record includes copies of job search forms for this period. Claimant
testified that his attorney gave him these wage loss forms.
253-CITE: 548 So.2d 266 James D. SIEGEL, Appellant, v. Victoria B. SIEGEL, Appellee.
TEXT: ORFINGER, Judge. James Siegel appeals a final judgment dissolving his marriage to Victoria
S...the minor child of the parties, which custody award is reversed. AFFIRMED in part; REVERSED in
part and REMANDED. COWART and GOSHORN, JJ., concur.
254-CITE: 746 So.2d 1120 Alan FROMAN, Appellant, v. Robert KIRLAND, et al., Appellees.
TEXT: WARNER, C.J. Appellant, Alan Froman, sued appellees Rowena Kirland, her husband, Robert
Kirl...rtain the appeal. See Velickovich v. Ricci, 391 So.2d 258, 259 (Fla. 4th DCA 1980).
STEVENSON, J., and KREEGER, JUDITH L., Associate Judge, concur.
255-CITE: 527 So.2d 211 ARKY, FREED, STEARNS, WATSON, GREER, WEAVER & HARRIS, P.A., Appellant, v. BOWMAR
INSTRUMENT CORPORATION, an Indiana corporation, Appellee.
TEXT: PEARSON, DANIEL S., Judge. We reverse the judgment entered upon a jury verdict for the
count...rial, Bowmar is not entitled to a new trial on the claims contained in its counterclaim
which it failed to prove and which are now deemed abandoned.
256-CITE: 607 So.2d 508 BROWARD COUNTY CANVASSING BOARD, Appellant, v. Alfred S. HOGAN, Appellee.
TEXT: PER CURIAM. This is a timely appeal of the trial court s final order directing appellant,
Br...sing the initial denial of the manual recount request made by appellee. GLICKSTEIN, C.J.,
DELL, J., and OWEN, WILLIE C., JR., Senior Judge, concur.
257-CITE: 666 So.2d 1045 Jonathan D. PATSY, Appellant, v. Rosanne M. PATSY, Appellee.
TEXT: KLEIN, Judge. Michael C. Meisler a