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 appeals an order awarding attorney s fees and costs
against...hat is frivolous or in bad faith. *1048 Brignoli v. Balch Hardy & Scheinman, Inc., 735
F.Supp. 100 (S.D.N.Y.1990). POLEN and PARIENTE, JJ., concur.
258-CITE: 697 So.2d 567 Wade S. LUSBY, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: BENTON, Judge. When Mr. Lusby lost consciousness at work, he ended up losing his job, as
wel...ingle instance of misconduct, the majority is improperly substituting itself as the finder of
fact in this case. Therefore, I respectfully dissent.
259-CITE: 501 So.2d 629-631 STATE of Florida, Appellant, v. Don Eugene McQUEEN, et al., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal by the state from an order granting appellees motions to
d...Accordingly, the orders of the trial court granting appellees motions to dismiss are reversed.
REVERSED. UPCHURCH, C.J., and ORFINGER, J., concur.
260-CITE: 571 So.2d 596 The GROVE RESTAURANT AND BAR, INC., a Florida corporation, and Marc Mazo,
Appellants, v. Fred RAZOOK, David Brett and Mack McKee, d b a Grove Partners, and B W General
Contractors, Inc., a Florida corporation, Appellees.
TEXT: FRANK, Judge. Grove Restaurant and Bar, Inc., the lessee, and third party defendant Marc
Maz... we reverse the partial summary judgment and remand for further proceedings consistent with
this opinion. SCHEB, A.C.J., and PATTERSON, J., concur.
261-CITE: 569 So.2d 1345 Anthony BEEKS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This court, sua sponte, issued an order to show cause why this appeal should
not...9.100(c) requires that a petition for common law certiorari be filed in the appellate court
within 30 days of rendition of the order to be reviewed.
262-CITE: 498 So.2d 1323 William COLLINS, Appellant, v. F & J FIXTURES and Crawford and Company,
Appellees.
TEXT: MILLS, Judge. Collins appeals from an order of the deputy commissioner denying his request
f...o.2d 1290 (Fla. 1st DCA 1985), we do not find that the error was sufficient to require reversal.
Affirmed. BOOTH, C.J., and WENTWORTH, J., concur.
263-CITE: 576 So.2d 921 Robert A. BECHHOLD and Marianne T. Bechhold, Appellants, v. MARINER PROPERTIES,
INC., Appellee.
TEXT: ALTENBERND, Judge. Robert and Marianne Bechhold appeal a final summary judgment in favor of
...ble exposure to golfballs and what steps, if any, would be appropriate to remedy this problem.
Reversed. CAMPBELL, A.C.J., and DANAHY, J., concur.
264-CITE: 462 So.2d 107 George D. DUNN and Diane M. Dunn, Appellants Cross-Appellees, v. SENTRY
INSURANCE, etc., Appellee Cross-Appellant.
TEXT: ORFINGER, Judge. Appellants cross-appellees George and Diane Dunn appeal a final judgment
aw... judge, and should not be disturbed on appeal unless clearly unreasonable. Esch v. Forster, 123
Fla. 905, 168 So. 229 (1936). I would simply affirm.
265-CITE: 721 So.2d 738 Julie M. MIKOLSKY, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et al.,
Appellee.
TEXT: W. SHARP, Judge. Mikolsky appeals from an order of the Unemployment Appeals Commission,
whic...m their district court). (FN4) Fla.R.App.P. 9.030(a)(2)(A)(iv) and (vi). (FN5) Pardo;
Sanchez; Douglas v. Michel, 410 So.2d 936 (Fla. 5th DCA 1982).
266-CITE: 441 So.2d 672 AMERICAN GLASS INDUSTRIES, INC., Zurich Insurance Company, and Larry Frederick
Cloud, Appellants, v. ALLSTATE INSURANCE COMPANY, Appellee. Arthur Scott EVERETT and Arthur Everett,
Appellants, v. ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: GRIMES, Judge. These appeals involve the propriety of an award of attorney s fees under
sect...s with respect to American Glass Industries, Inc., Larry Frederick Cloud, and Zurich
Insurance Company. HOBSON, A.C.J., and SCHOONOVER, J., concur.
267-CITE: 480 So.2d 198 In the Interest of J.R.C. and L.R.C., children. Barbara Collar HENDERSON,
Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: SHARP, Judge. Henderson appeals from an order terminating her parental rights to her two
chi... in most regards, and failed only on ones beyond her ability and control. REVERSED. DAUKSCH,
J., concurs. UPCHURCH, J., dissents without opinion.
268-CITE: 568 So.2d 1281 REGAL MARBLE, INC., a Florida corporation, Irving Walder and David Sarkell,
Appellants, v. DREXEL INVESTMENTS, INC., a Florida corporation, a k a Drexel Properties, Inc., a
Florida corporation, Darby and Way, Inc., a Florida corporation, Josias and Goren, a Florida
partnership of attorneys, James A. Cherof, individually and as a partner of Josias and Goren,
Gregory Darby, individually, Joseph Kolb, individually, and Harry W. Thompson, individually,
Appellees.
TEXT: STONE, Judge. We affirm a summary judgment for the defendants in a tort action for fraud
and...83), rev. denied, 451 So.2d 848 (Fla.1984). Therefore, the final judgment is affirmed.
ANSTEAD, J., and OWEN, WILLIAM C., Associate Judge, concur.
269-CITE: 432 So.2d 129 Jim D. BOLTON, individually, and as father and next friend of Jimmy Bolton, Jr.,
a minor, and Carrol Bolton, individually, Appellants, v. James SMYTHE, State Farm Fire & Casualty
Company, an Illinois Corporation and Thelma Wallace, Appellees.
TEXT: SHARP, Judge. The Boltons (FN1) appeal from a final judgment dismissing their third amended
...la. 2d DCA 1966). (FN10) See Vining v. Avis Rent-A-Car Systems, Inc., 354 So.2d 54 (Fla.1977);
Searcy v. McCall, 374 So.2d 1084 (Fla. 1st DCA 1979).
270-CITE: 661 So.2d 119 STINSON-HEAD, INC., a Florida corporation, Appellant, v. CITY OF SANIBEL, a
political subdivision of the State of Florida, Appellee.
TEXT: BLUE, Judge. Stinson-Head, Inc., appeals a nonfinal order compelling arbitration of claims
b...imely. Based on our holding, we certify conflict with the Fourth District s decision in Anstis
Ornstein. THREADGILL, C.J., and WHATLEY, J., concur.
271-CITE: 470 So.2d 747 McARTHUR DAIRY, INC., Armando Madrigal, and Florencio Aldo Madrigal, Appellants
Cross-Appellees, v. Olga GUILLEN and Cecilio Guillen, her husband, Appellees Cross-Appellants.
TEXT: DANIEL S. PEARSON, Judge. The only question in this case which we find merits our attention
...by the plaintiffs). The case is remanded for this determination. Affirmed on the main appeal;
remanded for further proceedings on the cross-appeal.
272-CITE: 455 So.2d 359 Adrian WINTERFIELD, Appellant, v. TOWN OF PALM BEACH and the State of Florida,
Appellees.
TEXT: PER CURIAM. This is an appeal from a circuit court judgment validating municipal bonds
pursu...the judgment of validation of the circuit court. It is so ordered. BOYD, C.J., ADKINS,
OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.
273-CITE: 527 So.2d 279 Frank Randall MANN, Appellant Cross-Appellee, v. PENSACOLA CONCRETE CONSTRUCTION
COMPANY, INC., and United States Fidelity & Guaranty, Appellees Cross-Appellees.
TEXT: SMITH, Chief Judge. This is an appeal and cross-appeal from a final judgment awarding Mann
d...dence in the light most favorable to Pensacola Concrete in ruling on Mann s motion for directed
verdict. AFFIRMED. BOOTH and NIMMONS, JJ., concur.
274-CITE: 644 So.2d 158 In re The ESTATE OF Helen SMITH, Deceased. Sheila R. JORDAN, as Personal
Representative of the Estate of Helen Smith, Appellant, v. CITY OF HOLLYWOOD, a political
subdivision of the State of Florida; Lieutenant David Kordzikowski; Sergeant Richard Allen; and M S
and S Toyota, Inc., d b a Toyota of Homestead, Appellees.
TEXT: FARMER, Judge. In this damages action under the Civil Rights Act of 1871, 42 U.S.C. Section
...is for his award, I don t think the appellant has met her burden necessary to overcome the trial
court s presumption of correctness. I would affirm.
275-CITE: 489 So.2d 18 Leonard CANTOR, Petitioner, v. Estine DAVIS, Respondent. John H. KATHE,
Petitioner, v. Estine DAVIS, Respondent.
TEXT: McDONALD, Justice. We have for review Davis v. North Shore Hospital, 452 So.2d 937 (Fla. 3d
...is opinion. It is so ordered. BOYD, C.J., and OVERTON, EHRLICH and BARKETT, JJ., concur. SHAW,
J., concurs in result only. ADKINS, J., dissents.
276-CITE: 590 So.2d 989 COCOA PROPERTIES, INC., Appellant, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY,
Appellee.
TEXT: SCHOONOVER, Chief Judge. The appellant, Cocoa Properties, Inc. (Cocoa Properties),
challenge...y judgment. We, accordingly, reverse and remand for proceedings consistent herewith.
Reversed and remanded. CAMPBELL and THREADGILL, JJ., concur.
277-CITE: 704 So.2d 545 Kendra Faye BILLINGSLEY, Petitioner, v. Bradley Sheldon BILLINGSLEY, Respondent.
TEXT: ON MOTION FOR REHEARING HARRIS, Judge. Petitioner, Kendra Faye Billingsley, has moved for
r... be successfully distinguished from it factually. But I concur that an opinion should be written
in this case, even if (in my view) it is erroneous.
278-CITE: 666 So.2d 240 Maurice BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: GOSHORN, Judge. Maurice Brown appeals from the judgment and sentence imposed in Case No.
94-... we modify the final judgment to provide that Brown work to the best of his ability. AFFIRMED
as MODIFIED. PETERSON, C.J., and HARRIS, J., concur.
279-CITE: 738 So.2d 522 Phyllis M. LAW, Appellant, v. Robert R. LAW, Barbara Law, Kimberly Pero and
Teresa Fitzsimmons, Appellees.
TEXT: KLEIN, J. Appellant is the former wife of appellee Robert Law and has a judgment against
him...r s name. Whether Robert s intent was fraudulent was an issue of fact, and there was evidence
to support the trial court s rejection of this theory.
280-CITE: 535 So.2d 708 Alice J. ZIBELL, Appellant, v. Lilly CHAN and John V. Childers, Appellees.
TEXT: COBB, Judge. The issue on this appeal is whether the pleadings and discovery presented to
th... that Zibell s appeal of that order also entitles Chan to attorney fees pursuant to section
57.105. AFFIRMED. SHARP, C.J. and DAUKSCH, J., concur.
281-CITE: 588 So.2d 1045 CONNECTICUT GENERAL LIFE INSURANCE COMPANY, et al., Petitioners, v. Willie E.
DYESS and Margaret T. Dyess, etc., Respondents.
TEXT: PETERSON, Judge. Petitioners, two health insurance carriers, Connecticut General Life
Insura...trial court s order granting Dyess motion to allow amendment of the complaint is quashed.
CERTIORARI GRANTED. GOSHORN, C.J., and COBB, J., concur.
282-CITE: 644 So.2d 145 REAL ESTATE CORPORATION OF FLORIDA, N.V., Appellant, v. DAWN DEVELOPERS, INC.,
et al., Appellees.
TEXT: PETERSON, Judge. The issue for determination in this appeal is the time within which an
appe...trial court s order striking the renewed motion to implead Squirrel, Ramsland and Kircha is
affirmed. AFFIRMED. W. SHARP and GOSHORN, JJ., concur.
283-CITE: 563 So.2d 172 Arturo SECADA and King Cole Meat Products, Appellants, v. Janice WEINSTEIN,
Appellee.
TEXT: SCHWARTZ, Chief Judge. The sole issue at the trial of this automobile accident personal
inju...harmless. Accordingly, the judgment is reversed and the cause remanded for a new trial.
Reversed and remanded. ------------ (FN2) See supra note 1.
284-CITE: 517 So.2d 16 THE FLORIDA BAR, Complainant, v. Albert D. GREENFIELD, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before the Court for review of the report of
the...ecommendation of disbarment, suspended him for three years. An offense as serious as this
merits a suspension of at least two years, in my opinion.
285-CITE: 694 So.2d 115 Filmore CHAIKEN and Robert T. Tenen, Appellants, v. Clifford L. SUCHMAN,
Appellee.
TEXT: GODERICH, Judge. The plaintiffs below, Filmore Chaiken and Robert T. Tenen, appeal an order
...he time suit was filed. Because I believe reasonable people could disagree with that finding, I
would affirm the order awarding him attorney s fees.
286-CITE: 704 So.2d 1095 Barbara CATALFUMO, Appellant Cross-Appellee, v. Daniel S. CATALFUMO, Appellee
Cross-Appellant.
TEXT: DELL, Judge. These consolidated appeals follow a final judgment of dissolution of marriage.
...ing the petition for dissolution. AFFIRMED IN PART; REVERSED IN PART and REMANDED. STEVENSON,
J., and COSTELLO, DEEDE S., Associate Judge, concur.
287-CITE: 615 So.2d 173 Robert R. CUMMINS, Petitioner, v. Cathy L. CUMMINS, Respondent.
TEXT: PETITION FOR WRIT OF HABEAS CORPUS W. SHARP, Judge. Cummins sought the issuance of a writ
o...US GRANTED; REMANDED. COBB and COWART, JJ., concur. ------------ (FN2) Section 61.12, Fla.Stat.
(1991). (FN3) Section 61.1301(1), Fla.Stat. (1991).
288-CITE: 430 So.2d 589 GWEN FEARING REAL ESTATE, INC., Appellant Cross Appellee, v. Clifford H. WILSON
and Villa Vineta, a Michigan limited partnership, Appellees Cross Appellants. Paul ESZTERHAZY and
Franciska Esterhazy, Appellants, v. Clifford H. WILSON, Arthur W. Lambertus, Villa Vineta, a
Michigan limited partnership, and Gwen Fearing Real Estate, Inc., a Florida corporation, Appellees.
Paul ESZTERHAZY and Franciska Esterhazy, Appellants Cross Appellees, v. Clifford H. WILSON and Villa
Vineta, a Michigan limited partnership, Appellees Cross Appellants. GWEN FEARING REAL ESTATE, INC.,
Appellant, v. Clifford H. WILSON, et al., Appellees.
TEXT: DELL, Judge. These consolidated appeals arise from the failure of a contract for the sale
of...rse and remand this case to the trial court for a new trial. Reversed and remanded. HURLEY,
J., and WILLIAM C. OWEN, Jr., Associate Judge, concur.
289-CITE: 531 So.2d 711 Don WHITE, Petitioner, v. STATE of Florida, Respondent.
TEXT: OVERTON, Justice. This is a petition to review the per curiam affirmed opinion of White v.
S...posed and approve the decision of the district court. It is so ordered. EHRLICH, C.J., and
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
290-CITE: 696 So.2d 1199 Max A. GOLDFARB, Appellant, v. Marilyn Z. DAITCH, Appellee.
TEXT: NESBITT, Judge. Appellant Goldfarb appeals an order of the trial court that, among other
thi...ate the trial court s original order of disbursement. I would also reverse the award of
attorney s fees in favor of Daitch and against Max Goldfarb.
291-CITE: 553 So.2d 1335 FREEDOM SAVINGS AND LOAN ASSOCIATION, a Florida corporation, Appellant, v.
Henry T. HORTON and Suzanne K. Horton, Appellees.
TEXT: SMITH, Judge. Freedom Savings and Loan Association (FSLA) appeals a final summary judgment
d...s a question of fact precluding summary judgment on agency issue). REVERSED and REMANDED for
further proceedings. THOMPSON and MINER, JJ., concur.
292-CITE: 712 So.2d 1138 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Andrew GORDON and
Victoria Simons, his wife, Appellees.
TEXT: PER CURIAM. State Farm Mutual Automobile Insurance Company [State Farm] appeals a final
judg...from doing so. We have also carefully considered the other points raised by State Farm, but
find that neither presents reversible error. Affirmed.
293-CITE: 666 So.2d 892 THE FLORIDA BAR, Complainant, v. Nancy Margaret LECHTNER, Respondent.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar and the referee s report
rec...SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. ------------ (FN5) Upon petition from
Lechtner, the Bar will develop a agreeable payment plan.
294-CITE: 538 So.2d 1328 Donna Johns MUNSEY, Appellant, v. GENERAL TELEPHONE COMPANY OF FLORIDA,
Appellee.
TEXT: FRANK, Judge. Donna Johns Munsey, a former employee of General Telephone Company of
Florida,... Affirmed in part, reversed in part, and remanded for further proceedings consistent with
this opinion. CAMPBELL, C.J., and SCHOONOVER, J., concur.
295-CITE: 603 So.2d 625 George PIERCE and Linda Pierce, Appellants, v. J.W. CHARLES-BUSH SECURITIES,
INC., f k a Alan Bush Brokerage Co.; and David Freudenberg, Appellees.
TEXT: EN BANC FARMER, Judge. We confront, as a full court, whether to recede from our decision
in...ANSTEAD, LETTS, DELL, GUNTHER, STONE, and WARNER, JJ., concur. HERSEY and POLEN, JJ., concur
in result only without opinion. GARRETT, J., recused.
296-CITE: 705 So.2d 1362 CAREERS USA, INC., Petitioner, v. SANCTUARY OF BOCA, INC., Respondent.
TEXT: GRIMES, Senior Justice. We have for review the decision in Sanctuary of Boca, Inc. v.
Career...aint contained a prayer for attorney s fees, one wonders if Careers would be making the
same argument had it prevailed on the merits of the lawsuit.
297-CITE: 632 So.2d 615 HIGLEY SOUTH, INC., a Florida corporation and Reliance Construction Company, a
Florida corporation, d b a Higley-reliance, a Joint Venture and the Federal Insurance Company, a
foreign corporation, Appellants, v. QUALITY ENGINEERED INSTALLATION, INC., a Florida corporation,
Appellee.
TEXT: RYDER, Judge. We have for review seven issues raised by Higley South, Inc., Reliance
Constru...ur. ------------ (FN2) Judge Frank participated in this opinion on Quality s motion for
clarification, but did not participate in the prior opinion.
298-CITE: 696 So.2d 1369 PUBLIX SUPERMARKETS, INC., Petitioner, v. Zarkia T. FRAZIER, Respondent.
TEXT: WARNER, Judge. After suffering an accident while operating a forklift owned by the
petitione...e whether respondent is entitled in equity to the relief he seeks, or whether respondent
is merely, as the majority states, on a fishing expedition.
299-CITE: 448 So.2d 593 Edward G. McDONALD, Appellant, v. HARDEE COUNTY SCHOOL BOARD, Appellee.
TEXT: PER CURIAM. Appellant seeks to vacate an arbitration award as it relates to his suspension
f...red teacher; neither involved a clear statutory right of a tenured teacher to full reinstatement
in the event charges against him are not sustained.
300-CITE: 703 So.2d 1187 Layda Cardenas MAZZORANA, Appellant, v. Ivan Luis MAZZORANA, Jr., et al.,
Appellee.
TEXT: PER CURIAM. Layda Mazzorana, the former wife, appeals from a Final Judgment of Dissolution
o...ing how much of the fees the husband will pay, the trial court shall consider the assets of each
party, as well as their respective current incomes.
301-CITE: 530 So.2d 318 Roy ZWINGE, Appellant, v. Kevin J. HETTINGER, Carrie Ann Carta, State Farm
Mutual Automobile Insurance Company, Andessa L. Davis, Appellees.
TEXT: PARKER, Judge. Zwinge appeals from the trial court s judgment entered for the appellees,
def...orm of an opinion or inference otherwise admissible is not objectionable because it includes
an ultimate issue to be decided by the trier of fact.
302-CITE: 433 So.2d 664 Sheikha Dena AL-FASSI, Appellant, v. Sheikh Mohammed AL-FASSI, Appellee.
TEXT: FERGUSON, Judge. By this appeal, appellant wife questions whether a Bahamian judgment which
..., in its reviewable (by us) discretion, to modify the judgment in any manner jurisdictionally and
substantively authorized by the law of this state.
303-CITE: 667 So.2d 420 Debra Faye HEDGES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Convicted of battering one William Adams, Debra Faye Hedges argues that the
tria...ackson v. State, 456 So.2d 916 (Fla. 1st DCA 1984); see also Phillips v. State, 476 So.2d 194
(Fla.1985). I would affirm the judgment and sentence.
304-CITE: 566 So.2d 1338 Phyllis GOLDSTEIN, Appellant, v. Arthur F. SERIO, Jr., Appellee.
TEXT: POLEN, Judge. Appellant Phyllis Goldstein (hereinafter referred to as Goldstein) and her
hus...for a new trial consistent with this opinion. We find no error in the remaining points raised
on this appeal. ANSTEAD and GLICKSTEIN, JJ., concur.
305-CITE: 575 So.2d 774 CITY OF MELBOURNE, Appellant, v. HESS REALTY CORPORATION, Appellee.
TEXT: COBB, Judge. The issue posed in the instant appeal, as it was in Flowers Baking Co. v. City
...hat regard, and we reverse its constitutional holding based upon our reading of the zoning
ordinance. REVERSED. W. SHARP and GOSHORN, JJ., concur.
306-CITE: 453 So.2d 929 Thomas S. VAUGHN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant was convicted and sentenced for trafficking in cannabis. On appeal he
... for the first time a motion for discharge. Justice would be poorly served to permit appellant
now to assert that he was deprived of a speedy trial.
307-CITE: 452 So.2d 98 Fernando QUINTANA, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Chief Judge. In this appeal from a conviction for first degree murder, appellant,
Fer...s due to its belief that such evidence was irrelevant. Since we have that held to the
contrary, we feel confident that such comments will not recur.
308-CITE: 555 So.2d 942 Sandra HOUGH, etc., et al., Appellants, v. Joseph W. HUFFMAN, et al., Appellees.
TEXT: SHARP, Judge. Sandra Hough, a minor, and her guardians appeal from a final judgment denying
...r courts on this issue. AFFIRM. DAUKSCH and COBB, JJ., concur. ------------ (FN2) Fla.R.A.P.
9.030(a)(2)(vi); Art. V, Section 3(b)(4), Fla. Const.
309-CITE: 685 So.2d 84 LOWE INVESTMENT CORPORATION, a Florida corporation, Appellant, v. Joseph CLEMENTE
and Robert Alfonso, Appellees.
TEXT: BLUE, Judge. Lowe Investment Corporation appeals the judgment entered following a defense
ve...dges, or to further delay the termination of litigation. 105 So.2d at 818-19. Affirmed.
PARKER, A.C.J., and SCHEB, JOHN M., Senior Judge, concur.
310-CITE: 505 So.2d 535 In re the FORFEITURE OF 1982 PARK AVENUE BUICK, VIN #31G4AW37Y8CH502577, TAG
#YHG 308 and $17,020.00 in United States Currency.
TEXT: GLICKSTEIN, Judge. This is an appeal of a final order finding an automobile and certain
moni...GOODS AFTER SATISFACTION OF EXPENSES RECEIVING PRIORITY UNDER SECTION 932.704(3)(a)?
ANSTEAD, J., and KLEIN, HERBERT J., Associate Judge, concur.
311-CITE: 573 So.2d 113 SARASOTA COUNTY, FLORIDA, a political subdivision of the State of Florida,
Appellant, v. Robert V. ANDREWS, Betty J. Andrews, Coast Federal Savings and Loan Association, and
NCNB National Bank of Florida, Appellees. COAST FEDERAL SAVINGS AND LOAN ASSOCIATION,
Cross-Appellant, v. SARASOTA COUNTY, Florida, a political subdivision of the State of Florida,
Cross-Appellee.
TEXT: SCHEB, Acting Chief Judge. Sarasota County challenges a final summary judgment declaring a
p...but limited its ruling to the provision s constitutionality as applied to Coast Federal.
Accordingly, we affirm. HALL and ALTENBERND, JJ., concur.
312-CITE: 515 So.2d 1023 F.V. SCUTTI a k a Dale Scutti, Appellant Cross Appellee, v. DANIEL E. ADACHE &
ASSOCIATES ARCHITECTS, P.A., Appellee Cross Appellant.
TEXT: DOWNEY, Judge. Appellant, F.V. Scutti, an owner of certain property in Fort Lauderdale,
Flor... the court dated January 8, 1986. Accordingly, the judgment appealed from is affirmed.
LETTS, J., and LINDSEY, HUBERT R., Associate Judge, concur.
313-CITE: 752 So.2d 1275 PIRELLI ARMSTRONG TIRE CORPORATION, formerly known as The Armstrong Rubber
Company, a foreign corporation, Appellant Cross-Appellee, v. Meta E. JENSEN, as Personal
Representative of Alwin H. Jensen, Deceased, and Matthew W. Jensen, a minor child, by and through
his Guardian Meta E. Jensen, Appellees Cross Appellants.
TEXT: PER CURIAM. Pirelli Armstrong Tire Corporation [Pirelli] was sued for a catastrophic tire
fa...r these reasons, I conclude section 768.79 does not grant authority to a trial court to apply a
contingency risk multiplier. I respectfully dissent.
314-CITE: 562 So.2d 384 Alpha SHEFFIELD and Wesley Sheffield, her husband, Appellants, v. Albert J.
DAVIS, M.D. and Albert J. Davis, M.D. & Associates, P.A., Appellees.
TEXT: PARKER, Judge. Alpha and Wesley Sheffield appeal a final judgment in favor of appellees,
Alb... and remand to the trial court to proceed on the merits of the Sheffields claim. Reversed and
remanded. LEHAN, A.C.J., and ALTENBERND, J., concur.
315-CITE: 540 So.2d 940 William MARKHAM, as Broward County Property Appraiser, et al., Appellants, v.
BROWARD COUNTY NURSING HOME, INC., Appellee.
TEXT: LETTS, Judge. This is an appeal by the property appraiser from a trial judge s ruling
declar...nal judgment, the outcome is controlled by what we do here today, and we direct the trial
judge to act accordingly. GUNTHER and STONE, JJ., concur.
316-CITE: 575 So.2d 744 Mary Anne SANCHEZ, Appellant, v. Jorge SANCHEZ, Appellee.
TEXT: W. SHARP, Judge. Mary Anne Sanchez, the former wife, appeals from a judgment which modified
...rse the judgment appealed and remand for further proceedings. REVERSED and REMANDED. DAUKSCH,
J., concurs. GOSHORN, J., dissents without opinion.
317-CITE: 622 So.2d 1117 David J. CHARLEBOIS, Appellant, v. BISCAYNE BAY TRANSITIONAL LIVING CENTER, and
Florida Unemployment Appeals Commission, Appellees.
TEXT: COPE, Judge. David J. Charlebois ( claimant ) appeals the denial of unemployment
compensatio...12 So.2d 333 (Fla. 3d DCA 1987), and Neese v. Sizzler Family Steak House, 404 So.2d
371 (Fla. 2d DCA 1981), review denied, 412 So.2d 471 (Fla.1982).
318-CITE: 593 So.2d 524 DANIEL INTERNATIONAL CORPORATION, Westinghouse Electric Corporation, and Federal
Insurance Company, Appellants Cross Appellees v. BETTER CONSTRUCTION, INC., Appellee Cross
Appellant.
TEXT: PER CURIAM. This case involves a plaintiff construction company s diminished business value
...judgment interest and attorney s fees, and granting Federal s motion for judgment notwithstanding
the verdict. These issues are now moot. Reversed.
319-CITE: 504 So.2d 447 OCEANCREST CONDOMINIUM APARTMENTS, INC., Appellant, v. William DONNER, et al.,
Appellees.
TEXT: GLICKSTEIN, Judge. This is an appeal by plaintiff of a circuit court order granting
defendan...ink arose when a part ofthe text was edited out of the draft opinion and some of the
remaining content was rearranged. DELL and STONE, JJ., concur.
320-CITE: 564 So.2d 173 DEPARTMENT OF REVENUE, Appellant, v. FLORIDA HOME BUILDERS ASSN., et al.,
Appellees.
TEXT: JOANOS, Judge. The Department of Revenue has appealed a non-final order granting partial
sum...titutional as to contracts entered into between May 1 and June 30, 1987. Affirmed in part and
reversed in part. WIGGINTON and ZEHMER, JJ., concur.
321-CITE: 488 So.2d 563 Jack M. WAINWRIGHT, Appellant, v. STATE of Florida, DEPARTMENT OF
TRANSPORTATION, Appellee.
TEXT: MILLS, Judge. Jack M. Wainwright appeals from the revocation by the Department of
Transporta... the case remanded with directions to follow these guidelines in the purchase of
Wainwright s nonconforming signs. SMITH and THOMPSON, JJ., concur.
322-CITE: 601 So.2d 1273 Frederick R. EMANUEL, Appellant, v. STATE of Florida, Appellee.
TEXT: ANSTEAD, Judge. Appellant, Frederick R. Emanuel, was held in direct criminal contempt of
cou...stimony. Accordingly, we reverse and remand with directions for further proceedings in accord
herewith. GLICKSTEIN, C.J., and GUNTHER, J., concur.
323-CITE: 554 So.2d 610 Vernon A. LaFAYE, Gary F. Hannon, Richard D. Brock, and Presser, LaFaye &
Hannon, P.A., Appellants, v. Neil N. PRESSER, Appellee.
TEXT: ERVIN, Judge. Following our prior decision in this cause, LaFaye v. Presser, 535 So.2d 635
(...edent. For these reasons, I conclude that the lower court erred in awarding prejudgment
interest from July 31, 1986, and would reverse that ruling.
324-CITE: 732 So.2d 1143 FORD MOTOR COMPANY, Appellant, v. Karen D AMARIO, individually, and on Behalf
of Clifford Harris, a minor, and Clifford Harris, individually, Appellees.
TEXT: WHATLEY, Acting Chief Judge. Ford Motor Company appeals an order granting Karen D Amario,
in...nt, materiality, and nondisclosure be met. See De La Rosa v. Zequeira, 659 So.2d 239
(Fla.1995); Young v. State, 720 So.2d 1101 (Fla. 1st DCA 1998).
325-CITE: 521 So.2d 303 AMERICAN NATIONAL SELF STORAGE, INC., a Florida corporation, Appellant, v.
Carlos C. LOPEZ-AGUIAR, Appellee.
TEXT: DANIEL S. PEARSON, Judge. American National Self Storage, the purchaser of a parcel of real
... of property, respectively, and thus are simply examples of warranties which, as we have noted
above, are generally considered to merge in the deed.
326-CITE: 518 So.2d 959 TURTLE LAKE ASSOCIATES, LTD., Joseph H. Harman, II, Allan J. Brock, Ben G.
Bowen, III, D. Gary Hill, and First Equities Associates-BH, Appellants, v. THIRD FINANCIAL SERVICES,
INC., Appellee.
TEXT: ZEHMER, Judge. Appellants, Turtle Lake Associates, Ltd., Joseph H. Harman, II, Allan J.
Broc...by the party who ultimately establishes entitlement to the fund. REVERSED and REMANDED for
further proceedings. JOANOS and WIGGINTON, JJ., concur.
327-CITE: 674 So.2d 850 Larry WYNN, Appellant, v. STATE of Florida, Appellee.
TEXT: LAWRENCE, Judge. Larry Wynn appeals an order of the trial court denying his rule 3.850
motio...ific deficiencies quoted above. Accordingly, to the extent that the majority affirms as to
those alleged instances as well, respectfully, I dissent.
328-CITE: 435 So.2d 926 David M. HARRIS, Appellant, v. Dale A. HAUGHT, Appellee.
TEXT: ZEHMER, Judge. This is an appeal from a summary judgment in favor of appellee, Haught,
confi... judgment is affirmed in part and reversed in part, and the case is remanded for entry of an
amended final judgment in conformity with this opinion.
329-CITE: 480 So.2d 126 Donald KLINE, Appellant, v. BELCO, LTD., d b a Banyan Bay Apts., Appellee.
TEXT: REVISED OPINION DANIEL S. PEARSON, Judge. Kline, an unsuccessful plaintiff in a personal
in...sonably competent trial counsel. All things considered, it is my view that the court s
extension of the Ogburn case is ill-advised. I would affirm.
330-CITE: 498 So.2d 421 BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., Petitioner, v. Timothy L. MATTHEWS,
et al., Respondents.
TEXT: SHAW, Justice. We have jurisdiction to review Blue Cross and Blue Shield of Florida, Inc.
v....cause remanded for proceedings consistent with this opinion. It is so ordered. McDONALD,
C.J., and ADKINS, BOYD, OVERTON and EHRLICH, JJ., concur.
331-CITE: 537 So.2d 182 United States Secret Service Special Agent John MRHA, Appellant, v. CIRCUIT
COURT, FELONY DIVISION, In and For BROWARD COUNTY, Florida, Appellee.
TEXT: LETTS, Judge. The trial court held a Federal Secret Service agent in direct criminal
contemp...8 So.2d 1370, 1373 (Fla. 4th DCA 1988). In the case at bar, a lesser sanction should have
been imposed. REVERSED. ANSTEAD and WALDEN, JJ., concur.
332-CITE: 705 So.2d 920 Vera Alene REMINGTON, Appellant, v. Mark E. REMINGTON, Appellee.
TEXT: PER CURIAM. This appeal arose from post-dissolution contempt proceedings initiated by the
fo...lert the trial court to an error which can be expeditiously corrected without the necessity of
an appeal. GLICKSTEIN, POLEN and GROSS, JJ., concur.
333-CITE: 528 So.2d 369 THE FLORIDA BAR, Complainant, v. Bret S. CLARK, Respondent.
TEXT: PER CURIAM. This cause is before the Court for consideration of the findings and
recommendat...st respondent for which sum let execution issue. It is ordered. EHRLICH, C.J. and
OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
334-CITE: 635 So.2d 111 W. Grady HUIE, Frank A. Valdini, and S. Sanford Schlitt, Appellants, v. DENT &
COOK, P.A., f k a Culverhouse & Dent, P.A., Robert J. Polzak, individually, and John C. Dent, Jr.,
individually, Appellees.
TEXT: ALTENBERND, Judge. In December 1990, the plaintiffs, W. Grady Huie, Frank A. Valdini, and
S....r fees as a penalty. I believe that the legislature intended to provide the court with such
authority under section 57.105, Florida Statutes (1991).
335-CITE: 689 So.2d 1132 CHRYSLER CORPORATION, Appellant, v. Spiro PITSIRELOS, Appellee.
TEXT: STONE, Judge. We affirm an award in favor of a consumer pursuant to chapter 681, Florida
Sta... is therefore not ripe for our review. We have considered, and do affirm, all other issues
raised on appeal. GLICKSTEIN and STEVENSON, JJ., concur.
336-CITE: 443 So.2d 455 DIVISION OF PARI-MUTUEL WAGERING, DEPARTMENT OF BUSINESS REGULATION, Robert M.
Smith, Jr. and Gary Rutledge, Appellants, v. Clifton WINFIELD, Nigel Winfield, Nikki Winfield, a
minor, by and through her father and next friend, Malcolm Winfield and Frank Marano, Appellees.
TEXT: LETTS, Judge. At issue is the power of the Pari-Mutuel Wagering Division of the Department
o... amendment as construed by the United States Supreme Court. Thus the agency s action in the
instant case cannot have violated article I, section 23.
337-CITE: 448 So.2d 578 Henry HARVEY, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. Appellant, Henry Harvey, was convicted below of keeping a gambling house
pursua...(Fla. 4th DCA 1979), cert. denied, 386 So.2d 642 (Fla.1980). REVERSED and REMANDED FOR NEW
TRIAL. DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur.
338-CITE: 668 So.2d 1004 James P. HAMMOND, Jr., and Lucy M. Hammond, his wife, Appellants, v. SPRINGTREE
PROPERTIES, INC., a Florida corporation; Springtree Properties, Inc., as General Partner of
Springtree Ltd., Phase I, a Florida Limited Partnership; Joseph M. Nolen; Thomas C. Floyd; and
Hardee s Food Systems, Inc., a North Carolina corporation, Appellees.
TEXT: BLUE, Judge. James and Lucy Hammond appeal from the trial court s order granting summary
jud...presents a matter for the jury to consider. Accordingly, we reverse and remand for further
proceedings. DANAHY, A.C.J., and SCHOONOVER, J., concur.
339-CITE: 568 So.2d 914 Patricia THORNBER, et al., Petitioners, v. CITY OF FORT WALTON BEACH,
Respondent.
TEXT: McDONALD, Justice. We review City of Fort Walton Beach v. Grant, 544 So.2d 230 (Fla. 1st
DCA... JJ., concur. ------------ (FN10) They are not entitled to recover under Section 59.46,
Fla.Stat. (1987). This statute is inapplicable in this case.
340-CITE: 580 So.2d 171 ROGER DEAN CHEVROLET, INC., a foreign corporation, Appellant cross appellee, v.
James L. LASHLEY, individually, Lashley Enterprises and Georgia Meat, Inc., a Florida corporation,
Appellees cross appellants.
TEXT: DOWNEY, Judge. This case involves an appeal and cross appeal from a final judgment awarding
...nfirmed. GUNTHER, J., and WESSEL, JOHN D., Associate Judge, concur. ------------ (EN*) Editor s
Note: Modification incorporated herein, see p. 172.
341-CITE: 610 So.2d 721 Joyce SPAULDING, Appellant, v. ALBERTSON S, INC. and Diversified Risk
Administrators, Inc., Appellees.
TEXT: SMITH, Judge. Claimant appeals an order of the judge of compensation claims (JCC)
determinin...rue on the date of the JCC s order. *725 AFFIRMED in part, REVERSED in part and
REMANDED for further proceedings. WIGGINTON and WOLF, JJ., concur.
342-CITE: 512 So.2d 1059 SOUTH FLORIDA LIMOUSINES, INC., Appellant, v. BROWARD COUNTY AVIATION
DEPARTMENT, Broward County Board of County Commissioners, a political subdivision of the State of
Florida, Yellow Airport Limousine Service, a Joint Venture owned and operated by B & L Service, Inc.
and All Broward Services, Inc., Appellees.
TEXT: PER CURIAM. South Florida Limousines, Inc., appeals an order denying a motion for temporary
... the trial court s discretion. The order denying a temporary injunction is therefore affirmed.
HERSEY, C.J., and GLICKSTEIN and STONE, JJ., concur.
343-CITE: 457 So.2d 1374 Randy MILLER, Executive Director, Department of Revenue, State of Florida, et
al., Appellants, v. PUBLICKER INDUSTRIES, INC., and Publicker Chemical Corporation, et al.,
Appellees.
TEXT: McDONALD, Justice. This case is before us on certification by the First District Court of
Ap... exempt under section 212.63, Florida Statutes (1983). It is so ordered. BOYD, C.J., and
ADKINS, OVERTON, ALDERMAN, EHRLICH and SHAW, JJ., concur.
344-CITE: 686 So.2d 672 DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, Etc., Petitioner, v. Joseph
JOHNSON, Respondent.
TEXT: DAUKSCH, Judge. Petitioner, State of Florida, Department of Highway Safety & Motor Vehicles
...he petition for writ of certiorari and quash the circuit court s order. PETITION GRANTED; ORDER
QUASHED. PETERSON, C.J., and W. SHARP, J., concur.
345-CITE: 672 So.2d 62 C.J.P., a Juvenile, Appellant, v. STATE of Florida, Appellee.
TEXT: MICKLE, Judge. This is an appeal of an order of disposition in which the appellant, C.J.P.,
...if, indeed, he was--guilty of a felony when they drove away from the fallen mailbox. I would
reverse and remand with directions to discharge C.J.P.
346-CITE: 637 So.2d 942 Allen HUTCHINSON, Appellant, v. KIMZAY OF FLORIDA, INC. and Kimco of Florida,
Inc., Appellee.
TEXT: THOMPSON, Judge. This is an appeal of two non-final orders granting injunctions in a
dispute...pears, at most, to explain the ruling on the motion to dismiss the landlord s counterclaim
in light of the injunction, which expired six days later.
347-CITE: 722 So.2d 941 Robbie LEFLER, Appellant, v. Christine LEFLER and Edward Church, Appellees.
TEXT: PER CURIAM. In the court below, appellant filed a petition to modify a final judgment of
dis...s applied, what is to be done about the name of the father on the child s birth certificate. I
hope that our legislature will consider these issues.
348-CITE: 575 So.2d 1267 James D. SIEGEL, Petitioner, v. Victoria B. SIEGEL, Respondent. Victoria B.
SIEGEL, Petitioner, v. James D. SIEGEL, Respondent.
TEXT: EHRLICH, Senior Justice. We have for review Siegel v. Siegel, 548 So.2d 266 (Fla. 5th DCA
19...iled in California). The trial court in the instant case correctly found that the New York
court was not substantially in conformity with the UCCJA.
349-CITE: 751 So.2d 167 Cynthia KNOFF, Appellant Cross-Appellee, v. Howard M. KNOFF, Appellee
Cross-Appellant.
TEXT: DAVIS, Judge. Cynthia Knoff, the Wife, appeals the final judgment of dissolution of
marriage.... Affirmed in part; reversed in part; and remanded for further proceedings consis tent
with this opinion. CAMPBELL, A.C.J., and GREEN, J., Concur.
350-CITE: 476 So.2d 253 Samuel SCHUSTER, Appellant Cross-Appellee, v. BANCO DE IBEROAMERICA, S.A., a
Panamanian corporation, Appellee Cross-Appellant.
TEXT: DANIEL S. PEARSON, Judge. Schuster, the plaintiff below, appeals from an order dismissing
hi... issue properly before us, the sufficiency of the complaint on its face. See Yates v.
Commercial Bank & Trust Co., 432 So.2d 725 (Fla. 3d DCA 1983).
351-CITE: 746 So.2d 475 RX SOLUTIONS, INC., a Florida Corporation and Ian D. Campbell, Appellants, v.
EXPRESS PHARMACY SERVICES, INC., a Florida corporation, and Tmesys, Inc., a Florida corporation,
Appellees. Marcelle German, Appellant, v. Express Pharmacy Services, Inc., a Florida corporation,
and Tmesys, Inc., a Florida corporation, Appellees.
TEXT: CASANUEVA, Judge. These appeals arise from the trial court s entry of a temporary
injunction...een afforded an opportunity to present testimony and had waived further hearing.
Reversed and remanded. FULMER, A.C.J., and NORTHCUTT, J., Concur.
352-CITE: 697 So.2d 918 Gerald LEFEBVRE, Appellant Cross-Appellee, v. Gilbert JAMES and Barbara James,
his wife, Appellees Cross-Appellants.
TEXT: STONE, Chief Judge. We reverse a plaintiff s judgment in this legal malpractice action,
aris...ins. *921 Therefore, the judgment is reversed and we remand for further proceedings
consistent with this opinion. WARNER and SHAHOOD, JJ., concur.
353-CITE: 489 So.2d 1152 TELESPHERE INTERNATIONAL, INC., Appellant, v. Douglas SCOLLIN, Appellee.
TEXT: SCHWARTZ, Chief Judge. Scollin sued his former employer, Telesphere International, Inc., on
...review denied, 471 So.2d 43 (Fla.1985); Jonat Properties, Inc. v. Gateman, 226 So.2d 703 (Fla. 3d
DCA 1969), cert. denied, 234 So.2d 123 (Fla.1969).
354-CITE: 568 So.2d 94 A.F., Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. A.F. appeals an adjudication of delinquency founded upon
charges...othesis of innocence. There was insufficient evidence to allow the case to go to the
fact-finder, much less for the fact-finder to find A.F. guilty.
355-CITE: 481 So.2d 92 Denise MEDEIROS, Appellant, v. RESIDENTIAL COMMUNITIES OF AMERICA, and Adjustco,
Appellees.
TEXT: NIMMONS, Judge. Claimant appeals a workers compensation order finding that her accident did
...rder. Accordingly, I would reverse on a point of law and remand for further proceedings and
findings of essential fact consistent with this opinion.
356-CITE: 677 So.2d 1385 ROYAL ATLANTIC HEALTH SPA, INC., Appellant, v. B.L.N., INC., Appellee.
TEXT: PARIENTE, Judge. Appellant, Royal Atlantic Health Spa, Inc. (Royal), appeals from a
dismissa...gainst one legal entity, such as a wholly-owned subsidiary, and confirmation was sought
against another legal entity such as the parent corporation.
357-CITE: 466 So.2d 1096 L. ROSS, INC., a Florida corporation, Appellant, v. R.W. ROBERTS CONSTRUCTION
COMPANY, INC., et al., Appellees.
TEXT: COWART, Judge. This case involves the retroactive application of a statutory amendment
which...ight percent is substantive in nature and cannot be applied retroactively because such
change works to substantially reduce an employee s recovery).
358-CITE: 605 So.2d 878 George K. BISSELL, Appellant Cross-Appellee, v. STATE of Florida, Appellee
Cross-Appellant. STATE of Florida, Appellant Cross-Appellee, v. F. Charles DONOHUE, Appellee
Cross-Appellant.
TEXT: PER CURIAM. Bissell and Donohue, criminal defendants in different separate appeals filed in
..., as a practical matter, his appeal may cause the State to cross-appeal a downward departure
sentence which the State would otherwise not challenge.
359-CITE: 492 So.2d 1184 CENTRAL ADJUSTMENT BUREAU, INC., as Assignor for National Car Rental System,
Inc., Appellant, v. Myles R. SAHLGREN, d b a Sahlgren Industries; and Anchor Savings Bank FSB,
Successor by Merger to Sun Federal Savings and Loan Association, Appellees.
TEXT: PER CURIAM. On consideration of the briefs and record before us, we find no abuse of
discret...t s decision as a gross abuse of discretion and would reverse the order setting aside the
default with instructions to reinstate the final judgment.
360-CITE: 548 So.2d 712 Dana FRECHTER, Appellant, v. David B. FRECHTER, Appellee.
TEXT: PER CURIAM. The wife in this dissolution action raises several points on appeal. We find
mer...mortgage payments as alimony or child support, and excise the restriction as to cohabitation.
In all other respects, the final judgment is affirmed.
361-CITE: 643 So.2d 636 Bambi LINDHEIMER and Richard Lindheimer, Appellants, v. The ST. PAUL FIRE AND
MARINE INSURANCE COMPANY, Appellee.
TEXT: ON REHEARING EN BANC. GERSTEN, Judge. Appellants, Bambi and Richard Lindheimer (the
Lindhei...commonly understood, professional malpractice includes intentional misconduct, as well as
negligent acts, in the rendition of professional services.
362-CITE: 501 So.2d 87 Marcel E. MARTY, Appellant, v. Norine Deep GRESH, Appellee.
TEXT: SHIVERS, Judge. Marcel E. Marty (appellant) appeals from the circuit court s amended order
g...e to instruct the jury properly on the factors to be considered in an award of punitive damages
are moot. REVERSED. MILLS and JOANOS, JJ., concur.
363-CITE: 663 So.2d 1321 William M. RICH, Jr., et al., Appellants, v. STATE of Florida, et al.,
Appellees.
TEXT: OVERTON, Justice. We have on appeal a trial court final judgment validating bonds proposed
b...y thereto, whether petitioner, defendant or intervenor, dissatisfied with the decree of the
court, may appeal therefrom to the Supreme Court . . . .
364-CITE: 581 So.2d 149 In re Appellate Court Response to ANDERS BRIEFS.
TEXT: BARKETT, Justice. We have for review three cases consolidated by the district court in
Coupe...ams Ree claim is arguable for the purposes of the Anders procedure. *153 SHAW, C.J., and
OVERTON, McDONALD, GRIMES, KOGAN and HARDING, JJ., concur.
365-CITE: 710 So.2d 135 Timothy Pete SMITH, Okaloosa County Property Appraiser, and State of Florida,
Department of Revenue, Appellants, v. Donald D. WELTON and Ann Welton, his wife, Appellees.
TEXT: BOOTH, Judge. This cause is before us on appeal from summary judgment for Appellee, based
on... Section 193.155(8)(a), Fla.Stat. (1995). ------------ (FN4) Fuchs, supra, determined the
effective date of Amendment 10, Article V11, Section 4(c).
366-CITE: 743 So.2d 1141 Timmy D. SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: KAHN, J. In this criminal case, appellant Timmy D. Smith complains that he lost his right
to... The trial court s response to the *1145 jury question did indeed give the jury a correct view
of the law. AFFIRMED. ERVIN and MINER, JJ., CONCUR.
367-CITE: 525 So.2d 972 Holly CHELTON, Appellant, v. TALLAHASSEE-LEON COUNTY CIVIC CENTER AUTHORITY,
Appellee.
TEXT: SHIVERS, Judge. Appellant, Holly Chelton, appeals a final summary judgment entered in favor
...E the trial court s order granting summary judgment in favor of the Civic Center and REMAND for
further proceedings. MILLS and JOANOS, JJ., concur.
368-CITE: 584 So.2d 621 John F. PARKE and Julia Parke, his wife, Appellants, v. SCOTTY S, INC.,
Appellee.
TEXT: PER CURIAM. We reverse the summary judgment entered below in which the court found no
liabil... of Julia Parke. We REVERSE as to the appeal, AFFIRM the cross appeal, and REMAND for
further proceedings. SMITH, NIMMONS and ZEHMER, JJ., concur.
369-CITE: 682 So.2d 198 MIAMI HEAT LIMITED PARTNERSHIP, a Florida limited partnership, Basketball
Properties, LTD., a Florida limited partnership, and Pauline Winick, Appellants, v. David C. LEAHY,
as Supervisor of Elections of Metropolitan Dade County, Florida, Appellee, and Stop New Arena
Committee, Intervenor.
TEXT: NESBITT, Judge. On September 25, 1996, Miami Heat Limited Partnership, Basketball
Properties...3d DCA 1983). (FN8) Technically speaking, reliance on this ground for affirmance would
obviate the need for ruling on the validity of the ordinance.
370-CITE: 579 So.2d 816 Mary NICHOLSON, Appellant, v. STATE of Florida, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from appellant s conviction of first-degree
... Appellant was sentenced to life on the felony murder charge, and 30 months on the aggravated
child abuse charge, the sentences to run concurrently.
371-CITE: 669 So.2d 1155 Janie WINN, Appellant, v. Thomas WINN, Sr., Appellee.
TEXT: W. SHARP, Judge. Janie Winn (the former wife) appeals from a final judgment of dissolution
f...y, 664 So.2d 351 (Fla. 5th DCA 1995); Naugle v. Naugle, 632 So.2d 1146 (Fla. 5th DCA 1994);
Schiller v. Schiller, 625 So.2d 856 (Fla. 5th DCA 1993).
372-CITE: 576 So.2d 864 The STATE of Florida, DEPARTMENT OF LEGAL AFFAIRS, Petitioner, v. Reverend Henry
JACKSON, etc., Respondent.
TEXT: LEVY, Judge. The State of Florida, Department of Legal Affairs [ Department ] petitions
this...9 (Fla. 1st DCA 1975). I concur in the result of the majority, but only because it allows
the State to proceed in some fashion against this person.
373-CITE: 432 So.2d 720 A.E.K., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: DANIEL S. PEARSON, Judge. We hold that where counsel, for the avowed and singular purpose
of.... 406, 432 N.E.2d 1305; Commonwealth v. Tate, 487 Pa. 555, 410 A.2d 751 (1980). See also
Witherspoon v. United States, 633 F.2d 1247 (6th Cir.1980).
374-CITE: 642 So.2d 100 Willie Belle ROLLE, Appellant, v. METROPOLITAN DADE COUNTY and Metropolitan Dade
County Self-Insurance Fund, Appellees.
TEXT: ZEHMER, Chief Judge. We have for review the order of the judge of compensation claims
awardi... is REVERSED and this cause is REMANDED for further proceedings consistent with this
opinion. ERVIN, J., and SMITH, LARRY G., Senior Judge, concur.
375-CITE: 484 So.2d 50 Joseph BUONO, Appellant Cross-Appellee v. CITY OF RIVIERA BEACH and Gallagher
Bassett Insurance Co., Appellees, and Special Disability Trust Fund, Appellee Cross-Appellant.
TEXT: ZEHMER, Judge. Joseph Buono appeals the deputy commissioner s order denying a proposed
lump-...d as any expression by the court on the ultimate decision to grant or deny the claim.
REVERSED AND REMANDED. BOOTH, C.J., and NIMMONS, J., concur.
376-CITE: 443 So.2d 260 LUCAS TRUCK SERVICE COMPANY, Appellant, v. Thomas M. HARGROVE, Appellee.
TEXT: LARRY G. SMITH, Judge. Lucas Truck Service Company (Lucas) appeals a final judgment
awarding...AFFIRMED in part, REVERSED in part, and REMANDED for new trial on damages only, in
accordance with this opinion. WENTWORTH and JOANOS, JJ., concur.
377-CITE: 476 So.2d 1342 James E. SIMMONS, as Personal Representative of the Estate of Ella Simmons,
deceased, Appellant, vs Lawrence SCHIMMEL, M.D., Appellee.
TEXT: NESBITT, Judge. The plaintiff appeals an order awarding attorney s fees following his
volunt... by the plaintiff it would have operated as an adjudication on the merits, Fla.R.Civ.P.
1.420(a)(1), and a different case would have been presented.
378-CITE: 506 So.2d 1081 Bernard W. GIMBEL and Fidelity and Deposit Company of Maryland, Appellants, v.
INTERNATIONAL MAILING AND PRINTING CO., INC., Stanley Myatt, Airwing International, Inc., Robert G.
Eby, Jerry Boehm, and Phyllis Siegel, as Personal Representative of the Estate of Harvey R. Siegel,
Appellees.
TEXT: PER CURIAM. This is an appeal from a final order granting attorneys fees in a replevin
actio...emanded with directions that judgment be entered in accord herewith. ANSTEAD and
GLICKSTEIN, JJ., and FEDER, RICHARD YALE, Associate Judge, concur.
379-CITE: 541 So.2d 757 FEDERAL PROPERTY MANAGEMENT CORPORATION, Appellant, v. RICHMOND HEALTHCARE,
INC., Appellee.
TEXT: FRANK, RICHARD H., Associate Judge. The instant breach of contract action is rooted in
proce...te the final judgment and remand for further proceedings consistent with this opinion.
HERSEY, C.J., concurs. STONE, J., dissents without opinion.
380-CITE: 705 So.2d 670 Ines Collia KELLY, Appellant Cross-Appellee, v. Kenneth F. TWOROGER and Thomas
M. Tworoger, as individuals jointly and severally, Appellees Cross-Appellants, and Leisure Towers
Association, Inc., Appellees.
TEXT: GROSS, Judge. Appellant cross-appellee, Ines Kelly, purchased a condominium unit from
appell...38, 5 Cal.Rptr.2d 154 (1992); Sperry v. Bolas, 786 P.2d 517 (Colo.Ct.App.1989). *674 make
review of judgments for attorney s fees and costs uniform.
381-CITE: 518 So.2d 386 CERTAIN LANDS upon which special assessments are delinquent, Appellants, v. CITY
OF ALACHUA, a municipal corporation existing under the Laws of the State of Florida, Appellee.
TEXT: JOANOS, Judge. Property owners of parcels of real property subject to a City of Alachua
(Cit...cels had been involved. I would conclude that the trial court therefore properly included
those services as a part of the basis for authorized fees.
382-CITE: 647 So.2d 888 Theodore M. KUPSCZNK, Appellant, v. BLASTERS, INC., Appellee.
TEXT: FRANK, Chief Judge. Theodore Kupscznk has appealed from the trial court s denial of his
moti...urt s order but remand for definition and determination of the temporal and geographical
scope of the agreement. PATTERSON and QUINCE, JJ., concur.
383-CITE: 537 So.2d 561 ARKY, FREED, STEARNS, WATSON, GREER, WEAVER & HARRIS, P.A., Petitioner, v.
BOWMAR INSTRUMENT CORPORATION, etc., Respondent. BOWMAR INSTRUMENT CORPORATION, ETC., Petitioner, v.
ARKY, FREED, STEARNS, WATSON, GREER, WEAVER & HARRIS, P.A., Respondent.
TEXT: BARKETT, Judge. We have for review Arky, Freed, Stearns, Watson, Greer, Weaver & Harris,
P.A..., Weaver & Harris. P.A. v. Bowmar Instrument Corp., 527 So.2d 211, 215 (Fla. 3d DCA 1987). I
respectfully dissent. McDONALD and SHAW, JJ., concur.
384-CITE: 556 So.2d 450 Frank ROBINSON, Appellant, v. STATE of Florida, Appellee.
TEXT: MINER, Judge. This is a timely appeal from a conviction and sentence following the trial
cou...error to deny appellant s motion to suppress and this case must be reversed and the defendant
discharged. REVERSED. SMITH and ZEHMER, JJ., concur.
385-CITE: 728 So.2d 297 W.R. TOWNSEND CONTRACTING, INC., Appellant, v. JENSEN CIVIL CONSTRUCTION, INC.,
f k a Jensen Of Jacksonville, Inc., Appellee.
TEXT: BROWNING, J. W.R. Townsend Contracting, Inc. ( Appellant, Plaintiff, or Townsend
Contracting... We AFFIRM the dismissal order in part, REVERSE in part, and REMAND for a jury trial
on Counts I, II, V, and VI only. BOOTH and ALLEN, JJ., CONCUR.
386-CITE: 571 So.2d 446 HOSPITAL CORPORATION OF AMERICA, etc., Petitioner, v. Kurt LINDBERG, et ux.,
Respondents. Jaime ALALU, M.D., et al., Petitioners, v. Kurt LINDBERG, et ux., Respondents. Robert
K.T. LIEM, M.D., et al., Petitioners, v. Kurt LINDBERG, et ux., Respondents.
TEXT: OVERTON, Justice. The petitioners in these three consolidated cases seek to have this court
...for further proceedings consistent with this opinion. It is so ordered. SHAW, C.J., and
McDONALD, EHRLICH, BARKETT, GRIMES and KOGAN, JJ., concur.
387-CITE: 757 So.2d 1253 Anthony ATTANASIO and Roxanne Attanasio, Joseph and Donna Walker, Mark and Lori
Antecki, Bruce and Charlene Fisher, Charles and Margaret Ciccone, Greg and Margaret Haley, Herbert
and Rosalie Pachtinger, Fereidoun And Lutecia Mansouri, Michael and Michele Dowling, Scott and Jan
Wauters, Jean-Jacques and Charlene Volker, John and Vicki Haas, and Joaquin and Vicki Oti,
Appellants, v. EXCEL DEVELOPMENT CORPORATION, Excel Development Corporation as General Partner of
Excel Harbour Limited Partnership, a Florida limited partnership, and Excel Development Corporation,
as general partner of Excel Harbour Limited Partnership, a Delaware limited partnership, Appellees.
TEXT: SHAHOOD, J. Appellants, Anthony Attanasio, Roxanne Attanasio, Joseph Walker, Donna Walker,
M...ll and the Statute of Frauds. We, therefore, reverse and remand for a trial on the merits.
REVERSED AND REMANDED. GUNTHER and GROSS, JJ., concur.
388-CITE: 692 So.2d 246 W.S.M., JR., natural father of S.M. and S.M., Appellant, v. DEPARTMENT OF HEALTH
AND REHABILITATIVE SERVICES, Appellee.
TEXT: BENTON, Judge. W.S.M., Jr., the father of two daughters (who each have the same initials:
S....urt assess costs in a dependency proceeding. I would follow Gordon, hold the award of costs is
not mandatory, and affirm the trial court s decision.
389-CITE: 732 So.2d 364 EARNEST & STEWART, INC., Appellant, v. Armando CODINA, Margarita Codina, Eugene
P. Conese and Anna May Conese, Appellees.
TEXT: SCHWARTZ, Chief Judge. We uphold the decision below that a real estate broker had no viable
...feree enter into a hold harmless agreement, and disagree with the majority opinion on this issue.
I concur in the remainder of the majority opinion.
390-CITE: 639 So.2d 125 Lark O Sean DUPREE, Appellant, v. STATE of Florida, Appellee.
TEXT: BENTON, Judge. We are asked to consider the scope of a nontraditional exception to the rule
... Russell v. State, 572 So.2d 940, 942 (Fla. 5th DCA 1990). Since the present case does not
require decision of this question, we express no opinion.
391-CITE: 574 So.2d 1095 Bobby Lee DOWNS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Bobby Lee Downs appeals his sentence of death and related criminal conviction.
W...n finding as aggravating circumstances that the crime was especially heinous, atrocious, or
cruel and that it was cold calculated, and premeditated.
392-CITE: 447 So.2d 309 Helene B. WEINSTEIN, Appellant, v. Pierce WEINSTEIN, Appellee.
TEXT: GLICKSTEIN, Judge. This is an appeal from an order, denying the wife s petition for
modifica...y s fees, when her claim was meritorious and he had the ability to pay, was also error.
HURLEY, J., and SMITH, CHARLES E., Associate Judge, concur.
393-CITE: 693 So.2d 659 George E. BOYHAN, Appellant, v. George J. MAGUIRE, Appellee.
TEXT: FARMER, Judge. The losing party in an arbitration sought to have the arbitration decision
va...e dangerously close to intruding upon factors inherent in the arbitration decision-making
process. AFFIRMED. GUNTHER, C.J., and POLEN, J., concur.
394-CITE: 622 So.2d 1053 Trisha L. CIFFO, Appellant, v. PUBLIC STORAGE MANAGEMENT, INC., and Public
Storage Properties VI, Ltd., Appellees.
TEXT: PER CURIAM. Trisha Ciffo appeals from a summary final judgment denying recovery for
conversi...earlier case. Accordingly, I would hold that law of the case should be applied here
supporting an affirmance of this second summary final judgment.
395-CITE: 742 So.2d 391 M.J. STAVOLA FARMS, INC., et al., Appellants, v. DEPARTMENT OF TRANSPORTATION,
STATE OF FLORIDA, Appellee.
TEXT: W. SHARP, J. Appellants (FN1) appeal three orders (FN2) entered after a jury verdict in an
e...of Dixie Lime business damages, consistent with this opinion. AFFIRMED IN PART; REVERSED IN
PART; AND REMANDED. DAUKSCH and THOMPSON, JJ., concur.
396-CITE: 538 So.2d 477 In re The ADOPTION OF R.M.H. R.W.S., Appellant, v. M.S.H. and M.R.H., M.D.L.,
Appellees.
TEXT: SCHEB, Judge. R.W.S., a teenage father, challenges a summary judgment and a final judgment
o... would allow the trial court to consider the issue of estoppel or any reason other than
abandonment to excuse or waive the father s written consent.
397-CITE: 586 So.2d 432 Darryl Wayne CORLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. Darryl Wayne Corley appeals a final judgment adjudicating him guilty of
resis...o assessing costs unless the applicable statutes specifically require such a determination.
REVERSED AND REMANDED. BARFIELD and WOLF, JJ., concur.
398-CITE: 433 So.2d 1233 POLK NURSERY COMPANY, INC., and Florida Farm Bureau Casualty Insurance Company,
Appellants, v. Connie L. RILEY and Carolyn L. Lord, Appellees.
TEXT: BOOTH, Judge. This cause is before us on consolidated appeals from orders in workers
compens...a. 1st DCA 1982). The deputy s order is reversed and the cause remanded with directions
to dismiss the claims. WIGGINTON and NIMMONS, JJ., concur.
399-CITE: 585 So.2d 329 STATE FARM FIRE & CASUALTY COMPANY, Appellant, v. Margarita J. PALMA, Appellee.
TEXT: HERSEY, Judge. This is the third appearance of this case before us and, for the second
time,... a new determination of the amount of attorneys fees to be awarded in light of the Quanstrom
opinion. AFFIRMED IN PART; REVERSED IN PART; REMANDED.
400-CITE: 558 So.2d 162 SUNSHINE PLUMBING and Liberty Mutual Insurance, Appellants, v. John BENECKE,
Jr., Appellee.
TEXT: THOMPSON, Judge. The employer carrier (EC) appeal a workers compensation order which found
t...able residual back and leg incapacity to which he attributed his fall from a leg collapse, and
no conflicting evidence of another cause was adduced.
401-CITE: 691 So.2d 629 Gregory WILKS, Appellant, v. BOSTON WHALER, INC., et al., Appellees.
TEXT: PETERSON, Chief Judge. Gregory Wilks, an employee of Boston Whaler, Inc. (Boston Whaler),
ap...her Boston Whaler s conduct was substantially certain to result in his injury. The summary
judgment is AFFIRMED. GOSHORN and HARRIS, JJ., concur.
402-CITE: 624 So.2d 330 ENVIRONMENTAL RESOURCE ASSOCIATES OF FLORIDA, INC., Appellant, v. STATE of
Florida, DEPARTMENT OF GENERAL SERVICES, Appellee.
TEXT: BARFIELD, Judge. Appellant seeks review of an agency denial of an administrative hearing
for...edure accomplishes justice in this case and is in the public interest, and accordingly I do
not subscribe to it. For these reasons, I must dissent.
403-CITE: 435 So.2d 258 Larry R. MILLER, Appellant, v. The STATE of Florida, Appellee.
TEXT: HENDRY, Judge. Larry R. Miller appeals from his convictions of battery and resisting arrest
...lation by counsel of an applicable discovery rule, or an order issued pursuant thereto, may
subject counsel to appropriate sanctions by the court.
404-CITE: 467 So.2d 790 H & W ENTERPRISES, INC., a corporation, Robert S. Hillard, James W. Hendrick,
and Otis K. Wiggins, Appellants, v. Christine ELLIS, Kimberly Benner and Julie Nicely, a
partnership, d b a CKJ, Appellees. H & W ENTERPRISES, INC., et. al., Appellants, vs. SILVEX
CORPORATION, Appellee.
TEXT: BARFIELD, Judge. This action arises from claims for breach of contract. The contracts are
le...o say or do anything tending to impose upon the other. We find this instruction no more
representative of the facts in evidence than the one given.
405-CITE: 500 So.2d 651 GOLDEN ISLES CONVALESCENT CENTER, INC., d b a Hallandale Rehabilitation Center,
Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: WIGGINTON, Judge. Appellant brings this appeal from the Department of Health and
Rehabilitat...nded with the direction that the department adopt the hearing officer s recommended
order. REVERSED and REMANDED. SMITH and THOMPSON, JJ., concur.
406-CITE: 545 So.2d 853 Arthur D. RUTHERFORD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Arthur D. Rutherford appeals from a death sentence imposed after a jury found
hi...penalty phase because of his threatening conduct, and a claim based on Caldwell v. Mississippi,
472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985).
407-CITE: 688 So.2d 298 Darcus WRIGHT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We have on appeal the judgment and sentence of the trial court imposing the
deat...) Issues 6), 7), and 10) were not preserved. (FN6) Issues 4), 8), 9), 11)-13), and 21) are
without merit. (FN7) Issues 15)-20) and 22)-26) are moot.
408-CITE: 559 So.2d 277 PALM-AIRE COUNTRY CLUB APARTMENTS CONDOMINIUM, INC., et al., Appellants, v. FPA
CORPORATION, a Delaware corporation, and Oaks Golf and Racquet Club, Inc., of Florida, a Florida
not-for-profit corporation, Appellees.
TEXT: PER CURIAM. Appellants, fifteen condominium associations representing the unit owners of a
c...gainst their theory on the disputed factual issues. We therefore affirm the judgment of the
trial court. GUNTHER, WARNER and GARRETT, JJ., concur.
409-CITE: 568 So.2d 1331 Gilbert SELVER, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, Judge. The defendant appeals his conviction for first degree murder and his life
sen...rroborating evidence. Nor can I say as a matter of law that the victim s statements of fear
were only remotely relevant or needlessly corroborative.
410-CITE: 622 So.2d 1010 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, Appellant, v. Louis W. PARKER,
Trustee, Appellee.
TEXT: WARNER, Judge. The Solid Waste Authority of Palm Beach County appeals from an order
awarding...llows: 33 1 3% of first $1,000,000 = $ 333,333 20% of next $1,000,000 = $ 200,000 15%
of remaining $6,800,000 = $1,020,000 TOTAL= $1,553,333
411-CITE: 634 So.2d 1070 Anton J. KRAWCZUK, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Anton Krawczuk appeals his conviction of first-degree murder and sentence of
dea...iction we also affirm his sentence of death. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
412-CITE: 517 So.2d 737 Henry MARTIN, a k a Richard Lees, Appellant, v. STATE of Florida, Appellee.
TEXT: DELL, Judge. A jury found appellant guilty of burglary of a structure and petit theft. He
co...with credit for time served as to the burglary conviction and to sixty days with sixty days
credit for time served as to the petty theft conviction.
413-CITE: 530 So.2d 971 MARSH & McLENNAN, INC. and Certain Underwriters at Lloyds, Appellants, v.
AEROLINEAS NACIONALES DEL ECUADOR, Appellee.
TEXT: ON HEARING EN BANC OF MOTION TO DISMISS APPEALS DANIEL S. PEARSON, Judge. The appellee,
Aer...sented by the appellee for see resolution by the panel. *975 by a timely motion to reinstate.
The case was thus easily distinguishable by the panel.
414-CITE: 486 So.2d 1334 J.M. ALDERMAN and Belle Alderman, Appellants, v. John D. MURPHY, Donald M.
Roberts and Sharon Roberts, his wife, Ernest Poux, and Martin County, etc., Appellees.
TEXT: GLICKSETIN, Judge. Defendants appeal from an adverse final judgment. We affirm the final
jud...rule, be undone; it may not be a disguise for loss of ownership for default in payments.
LETTS, J., and FEDER, RICHARD Y., Associate Judge, concur.
415-CITE: 568 So.2d 448 Karen Ruth CONNELLY, individually, and as Administratrix and or Personal
Representative of the Estate of Joseph Robert Connelly, deceased, Appellant, v. ARROW AIR, INC.,
Appellee.
TEXT: FERGUSON, Judge. Appellant, the widow of an airline co-pilot who was killed in the course
of...ton, I would hold that the action is barred by the exclusivity provisions of Florida s worker s
compensation statute and affirm the order on appeal.
416-CITE: 733 So.2d 1097 Charles Michael BUTTS, Appellant, v. STATE of Florida, Appellee.
TEXT: KAHN, J. Appellant, Charles Michael Butts, seeks review of his conviction and sentence for
s...le causes of death other than that theorized by the prosecution s expert. REVERSED and REMANDED
for a new trial. ERVIN, and LAWRENCE, JJ., CONCUR.
417-CITE: 502 So.2d 896 DEPARTMENT OF TRANSPORTATION, Petitioner, v. Cleopatra Gayle ANGLIN, et al.,
Respondents. SEABOARD COAST LINE RAILROAD COMPANY, Petitioner, v. Cleopatra Gayle ANGLIN, et al.,
Respondents.
TEXT: EHRLICH, Justice. We have for our review Anglin v. Department of Transportation, 472 So.2d
7...uty and applying this Court s precedent. If we were to exercise jurisdiction, it should have
only been to approve the opinion of the district court.
418-CITE: 561 So.2d 677 ROCKWELL INTERNATIONAL CORPORATION, Appellant. v. Gregorie MENZIES and Ziol
Menzies, his wife, Appellees.
TEXT: GERSTEN, Judge. Appellant, Rockwell International Corporation (Rockwell), appeals a final
ju... does necessarily bear on the crucial question of the cause of Menzies s injuries. Based on
the foregoing, the final judgment appealed is affirmed.
419-CITE: 754 So.2d 717 O.A., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, J. In affirming this conviction, we write only to respond to the dissenting
opinion.... have consented to the confrontation. Wayne R. LaFave, Search and Seizure--A Treatise on
the Fourth Amendment Section 9.3(a), at 95-96 (3d ed.1996).
420-CITE: 542 So.2d 1002 Joseph M. FINEBERG, individually and as general partner of Laguna Palms
Properties, Ltd., Appellant, v. E.B. KLINE, Stanley Kline and Charles H. Snowden, Appellees.
TEXT: On Motion for Clarification and Rehearing NESBITT, Judge. Appellant s motion for rehearing
...ounts awarded herein as part of his forty-nine percent partnership share. Affirmed in part,
reversed in part, and remanded for further proceedings.
421-CITE: 707 So.2d 836 Ronald M. McELRATH, not individually, but in his capacity as Executive Director
of the Florida Commission On Human Relations, Appellant, v. Ronna S. BURLEY, Appellee.
TEXT: DAVIS, Judge. Ronald M. McElrath, in his capacity as Executive Director of the Florida
Commi...s. Accordingly, we reverse the judgment of the trial court and remand for proceedings
consistent with this opinion. ALLEN and WEBSTER, JJ., concur.
422-CITE: 563 So.2d 1082 Alfreda M. SHIDELER, Appellant, v. CONNECTICUT GENERAL LIFE INSURANCE COMPANY,
et al., Appellees.
TEXT: PETERSON, Judge. Alfreda Shideler appeals the denial of an award of prejudgment interest
upo...matters raised by the stipulation of the parties for resolution by the trial court. REVERSED
and REMANDED. DANIEL, C.J., and W. SHARP, J., concur.
423-CITE: 658 So.2d 1218 Bradford M. YANDA, Appellant, v. AETNA LIFE INSURANCE COMPANY & Affiliated
Companies, and Florida Unemployment Appeals Commission, Appellees.
TEXT: PER CURIAM. Affirmed. BARKDULL and COPE, JJ., concur. *1219 GREEN, Judge (dissenting).
Re...justified his termination, it certainly did not justify a forfeiture of his unemployment
compensation benefits. I would reverse the decision below.
424-CITE: 756 So.2d 182 SPP REAL ESTATE (GRAND BAY), INC., as successor-in-interest to Colony GBP
Partners, L.P., a Florida limited partnership, Appellant, v. JOSEPH J. PORTUONDO, P.A., Appellee.
TEXT: PER CURIAM. SPP Real Estate (Grand Bay), Inc. appeals an order awarding attorneys fees in
an... SPP by the $20,000 settlement. Thus the trial court s reduction of the attorney s fees award
in this case essentially amounted to a double set-off.
425-CITE: 704 So.2d 516 Gerardo MANSO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We have on appeal the judgment and sentence of the trial court imposing a death
...ber 5, 1995, the circuit court in Union County granted the petition, finding that Manso was
suffering from major depression with psychotic features.
426-CITE: 660 So.2d 697 THE FLORIDA BAR, Complainant, v. Charles K. INGLIS, Respondent.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar and the referee s report
reg...I agree with the majority opinion in all respects except that, on balance, I believe a
suspension for three years would be the appropriate sanction.
427-CITE: 688 So.2d 338 Curtis Blain DAVISON, Appellant, v. STATE of Florida, Appellee.
TEXT: LAWRENCE, Judge. We have for review on direct appeal the judgment and sentence imposed upon
...hter by culpable negligence. For that reason, I would reverse the conviction. I respectfully
dissent from the majority s decision holding otherwise.
428-CITE: 493 So.2d 428 UNDERWRITERS AT LaCONCORDE, as Subrogee of International Aircraft Sales and
Leasing Corporation, Petitioner Cross-Respondent, v. AIRTECH SERVICES, INC., Respondent
Cross-Petitioner.
TEXT: BARKETT, Justice. We granted review in this case because the decision below, Underwriters
at...ash the decision of the district court of appeal and direct that the judgment be reversed on
both of the foregoing separate and independent grounds.
429-CITE: 505 So.2d 1091 AMEDAS, INC., a Florida corporation, Appellant, v. Edward BROWN, Appellee.
TEXT: RYDER, Judge. Craig Allen and Ed Brown worked together for Heseco Corporation during the
ear...ncur in the majority opinion because of the principle of stare decisis. At this point, if a
change is to be made, it must come from the legislature.
430-CITE: 620 So.2d 987 Michael MANSFIELD and Mary Gross Mansfield, Petitioners, Cross-Respondents, v.
Rosa RIVERO and Frederico Rivero, Respondents, Cross-Petitioners.
TEXT: REVISED OPINION OVERTON, Justice. We have for review Rivero v. Mansfield, 584 So.2d 1012
(F...e reasons stated above I find Purdy and Matthews controlling and would affirm the analysis and
decision below. BARKETT, C.J., and SHAW, J., concur.
431-CITE: 642 So.2d 779 Scott DETURK, Appellant, v. CHARLOTTE COUNTY BOARD OF COUNTY COMMISSIONERS and
Gallagher Bassett Services, Appellees.
TEXT: ZEHMER, Chief Judge. The Claimant in this workers compensation case appeals an order
denying...way while making a delivery for her employer. We observed that there was no evidence that
the stairway in any way contributed to the risk of injury.
432-CITE: 710 So.2d 13 The STATE of Florida, Appellant, v. John SPIEGEL, Appellee.
TEXT: PER CURIAM. Appellant, the State of Florida, appeals a county court order in a criminal
proc...not admissible as direct evidence of guilt in the subsequent criminal prosecution.
Accordingly, we affirm the order granting suppression. Affirmed.
433-CITE: 696 So.2d 461 Martha RAMOS, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. Defendant was charged and convicted of being an accessory after the fact in
t...affirm the conviction. The sentence is remanded to the trial court to strike the special
condition of probation. GLICKSTEIN and GROSS, JJ., concur.
434-CITE: 698 So.2d 1251 William R. KUNZWEILER, Appellant Cross-Appellee, v. Katherine KUNZWEILER,
Appellee Cross-Appellant.
TEXT: PETERSON, Judge. William R. Kunzweiler appeals an award of rehabilitative alimony to his
for...ase in her Lithium medication. Katherine also talked about her memory problems and had
difficulty answering many questions because of memory lapses.
435-CITE: 588 So.2d 615 Janis G. BOYER, Appellant, v. Shannon BOYER, Appellee.
TEXT: ON MOTION FOR APPELLATE ATTORNEY S FEES AND COSTS COBB, Judge. This is an appeal from a
dis...pay same, and the continued disparate financial circumstances of the parties. ------------
(FN8) Davis v. Davis, 584 So.2d 1117 (Fla. 1st DCA 1991).
436-CITE: 748 So.2d 1049 DEPARTMENT OF TRANSPORTATION, etc., Appellant, v. JACK S QUICK CASH, INC., et
al., Appellee.
TEXT: GRIFFIN, J. The State of Florida, Department of Transportation [ DOT ], appeals a cost
award... damage expert fees are to be recovered only when business damages are compensable.
REVERSED. GOSHORN, J. and McNEAL, R., Associate Judge, concur.
437-CITE: 567 So.2d 966 Carl Andrew HAAS, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING EN BANC HARRIS, Judge. In response to Appellant s motion for
rehear... time of the offense in either an impairment or a UBAL case. AFFIRM. DAUKSCH, COBB, W.
SHARP, COWART, GOSHORN, PETERSON, and GRIFFIN, JJ., concur.
438-CITE: 436 So.2d 338 Jessie Mae HARRIS, Appellant, v. The LEWIS STATE BANK, Appellee.
TEXT: ERVIN, Chief Judge. In this appeal from entry of summary judgment on behalf of appellee,
the...rd, 429 So.2d 404 (Fla. 1st DCA 1983); David Miller Distributing Co., Inc. v. Florida National
Bank at Arlington, 342 So.2d 856 (Fla. 1st DCA 1977).
439-CITE: 495 So.2d 1195 Mohumman Iqbal ZABRANI Appellant, v. Pedro J. RIVERON and Otilia Riveron,
Appellees.
TEXT: JORGENSON, Judge. Dilshad Zabrani died as the result of a gunshot wound. Her husband,
Mohumm...the existence of a material fact at issue. In this case, the consequences of Zabrani s
silence is our affirmance of the summary judgment. Affirmed.
440-CITE: 586 So.2d 1315 Annette Y. MILLER, Appellant, v. Claude W. MILLER, Appellee.
TEXT: ON MOTION FOR COSTS AND FEES PENDING APPEAL GRIFFIN, Judge. This matter is before the
court...y s fees. I would grant both provisionally and remand to the trial court to set the amounts,
based on findings of continued need and ability to pay.
441-CITE: 631 So.2d 1119 SILVER SPRINGS MOOSE LODGE NO. 1199, etc., Appellant, v. Marion ORMAN and Karl
Orman, Appellees.
TEXT: GOSHORN, Judge. Silver Springs Moose Lodge No. 1199 (Moose Lodge) appeals the final
judgment... and remand with directions to enter judgment in favor of the Moose Lodge. REVERSED.
PETERSON J., concurs. GRIFFIN, J., dissents without opinion.
442-CITE: 734 So.2d 403 William BELL, et al., Petitioners, v. U.S.B. ACQUISITION COMPANY, INC., etc., et
al., Respondents. U.S.B. Acquisition Company, Inc., etc., et al., Petitioners, v. Allen G. Stamm, et
al., Respondents.
TEXT: PARIENTE, J. We have for review U.S.B. Acquisition Co. v. Stamm, 695 So.2d 373, 376 (Fla.
4t... order was rendered on October 7, 1996, and on November 6, 1996, the motion was filed seeking
review of the assessment of appellate attorney s fees.
443-CITE: 525 So.2d 918 A.G. EDWARDS & SONS, INC., and James S. Pinkerton, Appellants, v. Vincent
PETRUCCI and Barbara Petrucci, Appellees.
TEXT: DANAHY, Chief Judge. This appeal arises from a contract for stockbrokerage services between
...h instructions to grant the appellants motion to strike and for further proceedings consistent
with this opinion. SCHOONOVER and HALL, JJ., concur.
444-CITE: 432 So.2d 660 Duncan O. BOWMAN, Appellant, v. KINGSLAND DEVELOPMENT, INC., Appellee.
TEXT: COWART, Judge. Appellee, as maker, executed to appellant, as payee, a negotiable promissory
...payment of attorney s fees to the prevailing party shall be construed to include the payment of
attorney s fees to the prevailing party on appeal.
445-CITE: 696 So.2d 430 L.Y. and Melody, Appellants, v. DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES, Appellee.
TEXT: GLICKSTEIN, Judge. This is an appeal from an order dismissing L.Y. s dependency case and
ter...l measure of protection so that L.Y. and Melody do not slip through the system--a protection
that L.Y. and others similarly situated surely deserve.
446-CITE: 702 So.2d 1245 ORANGE COUNTY, etc., Appellant, v. Freddie Lee WILLIAMS, Appellee.
TEXT: PER CURIAM. Orange County appeals an order of the trial court requiring the County to pay
th...the sheriff at no cost, do not bill for private process servers, unless there were exigent
circumstances which must be explained to my satisfaction.
447-CITE: 592 So.2d 295 Thomas Deron LOGAN, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Judge. Thomas Deron Logan ( appellant ) appeals his convictions on four counts of
D...is possible the error was waived by appellant s request for an abbreviated instruction, the
record suggests he requested only standard instructions.
448-CITE: 474 So.2d 359 DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,
Appellant, v. James JONES and the Career Service Commission, Appellees.
TEXT: ERVIN, Judge. Department of Business Regulation, Division of Alcoholic Beverages and
Tobacco...elegation of legislative authority. We find the Division s other issues raised on appeal
without merit. AFFIRMED. SHIVERS and JOANOS, JJ., concur.
449-CITE: 609 So.2d 674 James ROLL, Appellant, v. SEBASTIAN INLET, SRA (State of Florida) and Division
of Risk Management, Appellees.
TEXT: ERVIN, Judge. Claimant, James Roll, appeals an order denying his claim for permanent total
d...ts were made with employers who were not hiring, and (4) the claimant s refusal to participate
when the E C finally did offer job-search assistance.
450-CITE: 545 So.2d 324 METROPOLITAN DADE COUNTY, Appellant, v. MIAMI-DADE COUNTY COMMUNITY COLLEGE
FOUNDATION, INC., Appellee.
TEXT: LEVY, Judge. Metropolitan Dade County appeals an adverse summary judgment in which the
trial...POSES OF ACQUIRING THE EDUCATIONAL TAX EXEMPTION UNDER SECTIONS 196.012(1) AND 196.192(1),
FLORIDA STATUTES (1985)? Reversed. Question Certified.
451-CITE: 722 So.2d 874 DEPARTMENT OF HEALTH, Appellant, v. Sara R. Johnson CURRY, and the Holmes County
School Board, Appellees.
TEXT: WEBSTER, J. The Department of Health seeks review of orders denying its motion to dismiss
fo... no reason to weigh the importance of competing social policies or to attempt to decipher the
legislature s intentions in regard to the legislation.
452-CITE: 756 So.2d 224 Alexis MARTI, Appellant, v. The STATE of Florida, Appellee.
TEXT: SORONDO, J. Alexis Marti (defendant) appeals from a final judgment of conviction and
sentenc...t that the error was harmless. See Moultrie v. State, 679 So.2d 25 (Fla. 4th DCA 1996);
Kott v. State, 518 So.2d 957 (Fla. 1st DCA 1988). Affirmed.
453-CITE: 587 So.2d 602 DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. Judy Faith
ZEIGLER, Appellee. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Petitioner, v. Judith Faye
ZEIGLER, Respondent.
TEXT: ON MOTION FOR REHEARING EN BANC W. SHARP, Judge. Appellant, Department of Health and
Rehabi...o the applicability of Rule 8.840(a), the order of the successor judge returning the child
to its mother was not erroneous. GOSHORN, C.J., concurs.
454-CITE: 511 So.2d 345 In re the ADOPTION OF BABY GIRL C , a minor. E.H. and B.H., Appellants, v. K.S.,
Appellee.
TEXT: LEHAN, Judge. Appellants suffered a very unfortunate, emotional setback from this case. As
a...not recognize that possibility. HRS was, nonetheless, looking for a stable home for the child
and was therefore obviously looking out for the child.
455-CITE: 472 So.2d 784 Cleopatra Gayle ANGLIN and Thomas P. Anglin, her husband, Appellants, v. STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, Appellee. Cleopatra
Gayle ANGLIN and Thomas P. Anglin, her husband, Appellants, v. SEABOARD COAST LINE RAILROAD COMPANY,
Appellee.
TEXT: ZEHMER, Judge. In these consolidated personal injury cases, plaintiffs below appeal a final
...t correctly held that the injury occurring was not within the scope of the danger attributable by
law to defendants conduct, and should be affirmed.
456-CITE: 553 So.2d 323 In the Interest of W.E.B., III, a child, Appellant, v. STATE of Florida,
Appellee.
TEXT: WIGGINTON, Judge. We are asked to review the trial court s Order of
Adjudication-Disposition...1980) (vehicle driven, without braking, into rear of parked truck, moving
the truck about 200 feet and stopping vehicle s speedometer at 90 m.p.h.).
457-CITE: 508 So.2d 437 VISUAL SCENE, INC., Myron Orlinsky and Peter Patraka, Petitioners, v. PILKINGTON
BROTHERS, plc., Chance Pilkington Limited, and Metro Corp., Respondents.
TEXT: DANIEL S. PEARSON, Judge. The petitioner Visual Scene, Inc. (VSI), a plaintiff in the trial
...rmation to Pilkington and Chance departs from the essential requirements of the law and is
quashed. Certiorari granted; order under review quashed.
458-CITE: 537 So.2d 1123 Aaron JONES, Appellant, v. CITRUS CENTRAL, INC., and Professional
Administrators, Appellees.
TEXT: ZEHMER, Judge. Aaron Jones appeals an order denying his claim for workers compensation
benef...nt, 506 So.2d 1145, 1147 (Fla. 1st DCA 1987), rev. denied by 518 So.2d 1273 (Fla.1987).
REVERSED AND REMANDED. WENTWORTH and NIMMONS, JJ., concur.
459-CITE: 521 So.2d 158 BISHOP ASSOCIATES LIMITED PARTNERSHIP, Hall Cactustree Associates Limited
Partnership, Hall Coraltree Associates Limited Partnership, Hall Juleptree Associates Limited
Partnership, Hall Limetree Associates Limited Partnership, Hall Markettree Associates Limited
Partnership, Hall Wheattree Associates Limited Partnership, Oakland Associates Limited Partnership,
St. Clair Associates Limited Partnership, and Stratford Associates Limited Partnership, Joint
Intervenors, Appellants, v. Arnold BELKIN, Petitioner, and State of Florida, Department of Business
Regulation, Division of Florida Land Sales, Condominiums and Mobile Homes, Respondents, Appellees.
TEXT: JOANOS, Judge. This appeal is from an order in the nature of a declaratory statement of the
...no clear error or conflict with legislative intent, and therefore, affirm the Division s
declaratory order. SMITH, C.J., and WENTWORTH, J., concur.
460-CITE: 493 So.2d 440 Howard FOLTA, et ux, Plaintiffs-Appellants, Cross-Appellees v. Joseph BOLTON,
M.D., et al., Defendants-Appellees, and Tarpon Springs General Hospital, Inc., etc.,
Defendant-Appellee, Cross-Appellant.
TEXT: PER CURIAM. Pursuant to Florida Rule of Appellate Procedure 9.150, the United States Court
o...hould not be allowed to recover prevailing party attorney s fees merely because they
successfully defended one allegation in a multicount complaint.
461-CITE: 600 So.2d 1274 William Alton MANNING, Husband, Appellant, v. Genevieve V. MANNING, n k a
Genevieve V. Foster, Wife, Appellee.
TEXT: SHIVERS, Judge. The former husband appeals the trial court s two final orders denying his
mo...ncur in the decision to reverse and remand, I would reverse outright, making it unnecessary to
address the issue of emergency, or temporary, relief.
462-CITE: 643 So.2d 22 DEPARTMENT OF LEGAL AFFAIRS, State of Florida, Appellant, v. FATHER AND SON
MOVING & STORAGE, INC., et al., Appellees.
TEXT: POLEN, Judge. The Florida Department of Legal Affairs (D.L.A.) appeals from a final order
di...combat such practices; for which our law extends no tolerance. I agree that the statute does
not compel, and in fact rejects, such a rigid approach.
463-CITE: 660 So.2d 277 James M. CASSOUTT and Cindy M. Cassoutt, Husband and Wife, and Judy L. Kealey,
Appellants, v. CESSNA AIRCRAFT COMPANY, a Delaware Corporation, Appellee.
TEXT: JOANOS, Judge. This is an appeal from a summary final judgment entered in favor of
appellee,...roducts for purposes of the statute repose. In all other respects, the motion for
rehearing is denied. ERVIN, J., concurs. BARFIELD, J., dissents.
464-CITE: 702 So.2d 1267 WINN DIXIE STORES, INC. and Crawford & Company, Appellants, v. Ricardo LA
TORRE, Appellee.
TEXT: BENTON, Judge. Winn Dixie Stores, Inc. (Winn Dixie) and Crawford & Company appeal a
compensa... of temporary partial disability benefits, but remand for further proceedings on the
offsets appellants claimed below. ERVIN and KAHN, JJ., concur.
465-CITE: 460 So.2d 353 Daniel Lee DOYLE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was tried by jury and convicted of first-degree murder and sexual
batt...tencing with direction that the trial judge evaluate mitigating evidence of the appellant s
background and mental condition. McDONALD, J., concurs.
466-CITE: 615 So.2d 762 Howard HAYE, Appellant, v. STATE of Florida, Appellee.
TEXT: DIAMANTIS, Judge. Appellant Howard Haye appeals the trial court s imposition of a departure
...ntencing. Convictions AFFIRMED; sentences AFFIRMED in part and VACATED in part; cause REMANDED
with directions. DAUKSCH and PETERSON, JJ., concur.
467-CITE: 660 So.2d 273 Johnnie GRIER, Appellant, v. METROPOLITAN DADE COUNTY, Appellee.
TEXT: COPE, Judge. The plaintiff, Johnnie Grier, appeals from an adverse summary judgment on her
c...may well be, in fact, that certain modern innovations, such as paving and the truck, have
rendered the salutary doctrine of Coles somewhat obsolete.
468-CITE: 453 So.2d 85 In re the Interest of M.P., a child. STATE of Florida, DEPARTMENT OF HEALTH &
REHABILITATIVE SERVICES, Appellant, v. LAKE COUNTY, a political subdivision of the State of Florida
and Stephen G. Birr, Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from orders awarding costs and attorney s fees to a
court-... but the case is remanded for a recalculation of the amount of the fee. Affirmed as
modified and remanded. ORFINGER, C.J., and COWART, J., concur.
469-CITE: 693 So.2d 1114 Robert M. SHOLKOFF, Petitioner, v. BOCA RATON COMMUNITY HOSPITAL, INC.,
Respondent.
TEXT: FARMER, Judge. While a patient at Boca Raton Community Hospital, Robert Sholkoff incurred a
...s includes fees, the trial court did not err in including attorney s fees in the award of costs.
CERTIORARI DENIED. STONE and WARNER, JJ., concur.
470-CITE: 473 So.2d 831 BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., Appellant, v. Timothy L. MATTHEWS,
et al., Appellees.
TEXT: ERVIN, Judge. Blue Cross and Blue Shield of Florida, Inc., hereinafter Blue Cross, appeal
fr... are laws that regulate insurance, and thus are within the scope of the saving clause. Id., n.
18, and see cases cited therein for this proposition.
471-CITE: 558 So.2d 416 Kenneth Allen STEWART, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Stewart appeals his convictions of first-degree murder and second-degree arson
a...N2) In concluding that Stewart s capacity was not substantially impaired, he necessarily took
into account what Stewart told him about his drinking.
472-CITE: 737 So.2d 1124 Diane ALDRICH and James Aldrich, her husband, Appellants, v. ROCHE BIOMEDICAL
LABORATORIES, INC. et al., Appellees.
TEXT: GOSHORN, J. Diane and James Aldrich timely appeal the partial summary final judgment in
favo...ne the 1994 slide, might well opine that based on that slide alone, it was not below the
industry standard of care to determine the biopsy negative.
473-CITE: 707 So.2d 1129 STATE of Florida, Appellant, v. James RUTHERFORD, Appellee.
TEXT: EN BANC GROSS, Judge. This is an appeal from an order suppressing medical records obtained
...and for certification under Rule 9.030(a)(2)(v) are denied. STONE, C.J., and POLEN and FARMER,
JJ., dissent without opinion. SHAHOOD, J., recused.
474-CITE: 511 So.2d 569 E.G. GREEN, Trustee, Appellant, v. FIRST AMERICAN BANK AND TRUST, Trustee, Brown
Bolte, Henry Gillespie, Frank H. Gillespie, Leo S. Harmonay, James O Rourke, Nathaniel P. Reed, Alta
Weaver Reed, Richard E. Schumacher, and Michael Zarilli, Appellees.
TEXT: DOWNEY, Judge. Appellant, E.G. Green (Green), appeals from an adverse final judgment in a
su...n end to their litigation, absent such a circumstance? I do not think Sat cito si recte will
suffice-- particularly in the eyes of the losing party.
475-CITE: 658 So.2d 157 ESTATE OF Gordon JENKINS, Deceased, Appellant, v. RECCHI AMERICA and Alexsis,
Appellee.
TEXT: VAN NORTWICK, Judge. The estate of Gordon Jenkins appeals an order of the judge of
compensat... physical consequences of his act is irrelevant to the question of causation. 1A A.
Larson, The Law of Workmen s Compensation, Section 36.22 (1993).
476-CITE: 647 So.2d 245 OSBORNE STERN AND COMPANY, INC., and Douglas W. Osborne, Appellants, v.
DEPARTMENT OF BANKING AND FINANCE, DIVISION OF SECURITIES AND INVESTOR PROTECTION, Appellee.
TEXT: REVISED OPINION PER CURIAM. This is an appeal from a final cease and desist order of the
De...------------ (FN7) Reid v. Florida Real Estate Commission, 188 So.2d 846 (Fla. 2d DCA 1966);
Delk v. D.P.R., 595 So.2d 966, 967 (Fla. 5th DCA 1992).
477-CITE: 668 So.2d 974 FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, Petitioner,
v. Jaimes McKaughan and Darlene McKaughan, as parents and natural guardians of Michael McKaughan, a
minor child, and Jaimes McKaughan and Darlene McKaughan, Individually, Respondents. HUMANA OF
FLORIDA, INC., d b a Humana Women s Hospital--Tampa and William L. Capps, M.D., et al. Petitioners,
v. Jaimes McKaughan and Darlene McKaughan, as parents and natural guardians of Michael McKaughan, a
minor child, and Jaimes McKaughan and Darlene McKaughan, Individually, Respondents. Kenneth SOLOMON,
M.D., et al. Petitioners, v. Jaimes McKaughan and Darlene McKaughan, as parents and natural
guardians of Michael McKaughan, a minor child, and Jaimes McKaughan and Darlene McKaughan,
Individually, Respondents.
TEXT: ANSTEAD, Justice. We have for review the decision of the Second District passing upon the
fo...se for further proceedings consistent with this opinion. It is so ordered. GRIMES, C.J., and
OVERTON, SHAW, KOGAN, HARDING and WELLS, JJ., concur.
478-CITE: 727 So.2d 259 GULF COAST ELECTRIC COOPERATIVE, INC., Appellant, v. Julia L. JOHNSON, et al.,
Appellees.
TEXT: PARIENTE, J. Gulf Coast Electric Cooperative, Inc. (Gulf Coast) appeals an order of the
Publ...le by the losing utility should the parties fail to successfully mediate and be forced to
resort to having their dispute solved by the Commission.
479-CITE: 753 So.2d 138 Suzanne E. CLARK, as Personal Representative of the Estate of Jane Hargraves,
Deceased, Appellant, v. POLK COUNTY, a subdivision of Florida; Ronald E. Hargraves; and Springer
Motor Co., Inc., a Florida corporation, Appellees.
TEXT: NORTHCUTT, Judge. The estate of Jane Hargraves filed a wrongful death action following her
d...*144 and remand for a new trial in accordance with this opinion. SALCINES, J., Concurs.
QUINCE, PEGGY A., ASSOCIATE JUDGE, Concurs in result only.
480-CITE: 636 So.2d 1316 Elmer Leon CARROLL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Elmer Leon Carroll appeals his convictions for first-degree murder and sexual
ba...tence of death. It is so ordered. BARKETT, C.J., and OVERTON, McDONALD, GRIMES, KOGAN and
HARDING, JJ., concur. SHAW, J., concurs in result only.
481-CITE: 430 So.2d 919 Andrew J. McKELVEY and Irwin Bard, Appellants, v. KISMET, INC., Appellee.
TEXT: HENDRY, Judge. This appeal challenges a cost judgment entered against appellants in their
su...tituted a final disposition of the case. The employee had, in effect, prevailed on the merits,
although there had been no such formal determination.
482-CITE: 568 So.2d 1267 CITIZENS OF the STATE OF FLORIDA, Appellants, v. Michael McK. WILSON, et al.,
Appellees.
TEXT: PER CURIAM. We have before us the Public Counsel s request to review Order No. 22060 of the
...e appropriate notice to the public. In my opinion, the rule as written does not allow the PSC to
fundamentally alter its application in this manner.
483-CITE: 587 So.2d 553 In re FORFEITURE OF ONE 1980 CESSNA T 207-A, SERIAL NUMBER 20700623.
TEXT: PER CURIAM. Appellants, Inverest International, Inc. and Roberto Striedinger, appeal from
th... regulations are reasonably necessary to secure the health, safety, good order, and general
welfare of the public). Id. at 964 (footnote omitted).
484-CITE: 565 So.2d 730 STATE of Florida, Appellant, v. Pamela D. ROBINSON, Appellee.
TEXT: ALTENBERND, Judge. The state appeals an order suppressing two small bags containing
approxim... which is not admissible under the fourth amendment is not admissible under the Florida
Constitution. See Bernie v. State, 524 So.2d 988 (Fla.1988).
485-CITE: 450 So.2d 867 Theodore L. WIECZORECK, Appellant, v. H & H BUILDERS, INC., a Florida
corporation, Appellee.
TEXT: DIAMANTIS, GEORGE N., Associate Judge. Appellant, Theodore L. Wieczoreck, has filed an
appea... AND CONVINCING STANDARD OF PROOF? The final judgment as between the parties to this appeal
is affirmed. AFFIRMED. DAUKSCH and COBB, JJ., concur.
486-CITE: 469 So.2d 790 James Elmer BRATE, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: BOARDMAN, EDWARD F. (Ret.), Judge. The state charged appellant James Elmer Brate, Jr., with
...erdict and find no merit in the second point on appeal, we affirm appellant s judgment and
sentence. Affirmed. SCHEB, A.C.J., and OTT, J., concur.
487-CITE: 464 So.2d 677 In the Interest of T.S., a child, Carolyn Elaine Smith, Appellant, v. STATE of
Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: COWART, Judge. This is an appeal by a mother from an order permanently terminating her
paren... can with her and her problems. The order permanently terminating the mother s parental
rights is REVERSED. COBB, C.J., and DAUKSCH, J., concur.
488-CITE: 642 So.2d 618 SANTA ROSA COUNTY, Florida, Appellant, v. ADMINISTRATION COMMISSION, DIVISION OF
ADMINISTRATIVE HEARINGS, Don W. Davis, in his capacity as Hearing Officer for the Division of
Administrative Hearings; and Department of Community Affairs, Appellees.
TEXT: PER CURIAM. Santa Rosa County appeals from a summary judgment in a suit for declaratory and
... of mootness, and I dissent from that portion of the opinion certifying the question as one of
great public importance to the Florida Supreme Court.
489-CITE: 433 So.2d 1242 Nicholas CONTOS and Anne Contos, his wife, Appellants, v. Evalyn LIPSKY, an
individual, Appellee.
TEXT: DANIEL S. PEARSON, Judge. In 1957, the Contoses leased certain land and a restaurant
located... sure that if Bracton and Littleton and Coke had not gone to that great equitable estate
in the sky centuries ago, they would all feel the same way.
490-CITE: 728 So.2d 253 CADWALADER, WICKERSHAM & TAFT, Appellant, v. James W. BEASLEY, Jr., Appellee.
TEXT: ON REHEARING POLEN, Judge. We grant CW & T s motion for rehearing in part as it pertains
to... *260 AFFIRMED in part; REVERSED in part and REMANDED for further proceedings in accordance
with this opinion. STEVENSON and SHAHOOD, JJ., concur.
491-CITE: 500 So.2d 266 TELCON, INC., and Underwriters Adjusting Co., Appellants, v. Leonard WILLIAMS,
Appellee.
TEXT: ZEHMER, Judge. The employer and carrier appeal a workers compensation order awarding
claiman...the ground that the claimant s injuries sustained in the second accident did not arise out
of and in the course of his employment. I would reverse.
492-CITE: 662 So.2d 309 David KUHNLEIN, et al., Appellants, v. DEPARTMENT OF REVENUE, et al., Appellees.
TEXT: WELLS, Justice. We have on appeal a final order on class counsel s petition for fees and
exp...he only approach for determining fee awards in common-fund cases. I would set the fee in this
case at six percent of the common fund or $11,286,000.
493-CITE: 433 So.2d 1202 Herbert C. ANDERSON and Joan Anderson, Petitioners, v. Sam BELL, George Bell
and James E. Estes, Respondents.
TEXT: ADKINS, Justice. We have for review a decision of the District Court of Appeal, First
Distri...y the plaintiff. It is so ordered. ALDERMAN, C.J., and BOYD, OVERTON, McDONALD and
EHRLICH, JJ., concur. *1208 APPENDIX -------- (ILLUSTRATION)
494-CITE: 596 So.2d 991 William Frederick HAPP, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. William Frederick Happ appeals his convictions for first-degree murder,
burglary...e, 596 So.2d 957 (Fla.1992) (Kogan, J., concurring in part, dissenting in part). I agree
with Justice Barkett, however, that the error was harmless.
495-CITE: 633 So.2d 36 Fran T. BROWN, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Jacobs and
Goodman, P.A., Appellees.
TEXT: EN BANC COBB, Judge. The appellant, Fran Brown, appeals the affirmation by the
Unemployment...k environment was abusive. The court s opinion suggests that if the work environment
were abusive, Smalls would be entitled to collect unemployment.
496-CITE: 537 So.2d 81 In re THE FLORIDA BAR SMALL CLAIMS RULES. (EN*)
TEXT: REVISED OPINION PER CURIAM. The Florida Bar Small Claims Rules Committee has petitioned
thi...eeding, I cannot agree that the practice of uniform and complete substitution of a mediator
for a judge for all pretrial conferences is appropriate.
497-CITE: 472 So.2d 1145 FLORIDA PATIENT S COMPENSATION FUND, Appellant, v. Lena ROWE, Appellee.
TEXT: OVERTON, Justice. This cause concerns the constitutional validity of section 768.56,
Florida... so ordered. BOYD, C.J., and ADKINS, ALDERMAN, McDONALD and SHAW, JJ., concur. EHRLICH,
J., did not participate in the consideration of this case.
498-CITE: 736 So.2d 111 DEPARTMENT OF CHILDREN AND FAMILY SERVICES, STATE OF FLORIDA, Petitioner, v. The
NATURAL PARENTS OF J.B., Respondents.
TEXT: FARMER, J. The issue in this termination of parental rights (TPR) proceeding is whether a
Fl...s? STEVENSON and SHAHOOD, JJ., concur. ------------ (FN6) We do not understand the court s
listing of statutes to be exhaustive, merely suggestive.
499-CITE: 495 So.2d 1210 RICHARDS ENTERPRISES, INC., Appellant, v. Herbert R. SWOFFORD, and Herbert R.
Swofford, P.A., Appellees.
TEXT: UPCHURCH, Chief Judge. Richards Enterprises, Inc., appeals an order dismissing its cause of
...e is contrary to Watson v. Dorsey, supra, and directly conflicts with Kelley v. School Board of
Seminole County, supra, and Roberts v. Casey, supra.
500-CITE: 531 So.2d 138 In re THE FLORIDA BAR SMALL CLAIMS RULES. (EN*)
TEXT: PER CURIAM. The Florida Bar Small Claims Rules Committee has petitioned this Court to
consid..., County, Florida, this _________ day of ____________________ 19____.
______________________________________ COUNTY COURT JUDGE FORM 7.344
501-CITE: 656 So.2d 1300 MEDICAL FACILITIES DEVELOPMENT, INC., a Florida Corporation, Appellant, v.
LITTLE ARCH CREEK PROPERTIES, INC., a Florida Corporation; and Robb Evans, as Trustee for Certain
Assets of the United States, Appellees.
TEXT: LEVY, Judge. This case presents for our consideration the question of under what
circumstanc...law if it were later determined that the lis pendens was improperly placed on the
property. I would reverse the imposition of the lis pendens bond.
502-CITE: 467 So.2d 447 Ronald FRAZIER a k a Ronnie Fraley, Appellant, v. The STATE of Florida,
Appellee.
TEXT: SCHWARTZ, Chief Judge. In Fraley v. State, 426 So.2d 983 (Fla. 3d DCA 1983), we held that
th...is court. I therefore concur in the court s decision to deny an en banc hearing in this cause
for the reasons stated above. FERGUSON, J., concurs.
503-CITE: 536 So.2d 1023 Charles KING, Appellant, v. EASTERN AIRLINES, INC., Appellee. (EN*)
TEXT: BASKIN, Judge. On May 5, 1983, Eastern Airlines Flight # 855 departed from Miami
Internation...see Harkcom, 104 Ill.App.3d at 780, 60 Ill.Dec. at 494, 433 N.E.2d at 291. I would
affirm the judgment below. BARKDULL and JORGENSON, JJ., concur.
504-CITE: 547 So.2d 1223 Adam BOGORFF, a minor, By and Through his father and next friend, Robert
BOGORFF, and Robert Bogorff, individually, Appellants, v. Kjell KOCH, M.D., the University of Miami,
and Lederle Laboratories, Appellees.
TEXT: BASKIN, Judge. This appeal follows the entry of summary final judgments in favor of Dr.
Kjel...s vitally important, since the duty to warn depends on when the risk became apparent. Basko
v. Sterling Drug, Inc., 416 F.2d 417, 426 (2d Cir.1969).
505-CITE: 725 So.2d 404 G.T., Appellant, v. ADOPTION OF A.E.T., Appellee.
TEXT: TAYLOR, J. In this pending adoption proceeding under Chapter 63 of the Florida Statutes,
G.T...maintain a meaningful relationship with A.E.T. We hesitate to offer any direction or guidance
in this regard but commend her position on the matter.
506-CITE: 692 So.2d 146 David R. BEACH, et ux., Petitioners, v. GREAT WESTERN BANK, etc., Respondent.
TEXT: PER CURIAM. We have for review Beach v. Great Western Bank, 670 So.2d 986 (Fla. 4th DCA
1996...on nor within the scope of the certified question. It is so ordered. OVERTON, GRIMES,
HARDING, WELLS and ANSTEAD, JJ., concur. SHAW, J., recused.
507-CITE: 531 So.2d 381 Grady ALBRITTON, Appellant, v. Louise GANDY, Appellee.
TEXT: SHIVERS, Judge. In this case, appellant Grady Albritton (Albritton) appeals the trial court
... TRIAL COURT, IF WARRANTED, TO SET AN APPROPRIATE REMITTITUR? AFFIRMED IN PART, REVERSED IN
PART, AND REMANDED. THOMPSON and ZEHMER, JJ., concur.
508-CITE: 725 So.2d 1255 CENTEX-ROONEY CONSTRUCTION CO., INC., Seaboard Surety Company, St. Paul Fire
and Marine Insurance Company, and The American Insurance Company, Appellants, v. MARTIN COUNTY,
Florida, Appellee.
TEXT: PER CURIAM. This appeal arises from the trial court s award of statutory attorneys fees and
...d in part, and remanded for further proceedings consistent with this opinion. WARNER, FARMER,
JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
509-CITE: 507 So.2d 1122 Floyd G. WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. Floyd Williams appeals from the denial of his 3.850 motion, after a hearing in
...ial counsel s strategy, *1130 the majority opinion is in direct conflict with Strickland, Songer,
Downs and other similar decisions. I would affirm.
510-CITE: 629 So.2d 947 SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A., Appellant, v. Zbigniew
SCHELLER, Appellee.
TEXT: FARMER, Judge. This epilogue to our decision in American Medical Intern. Inc. v. Scheller,
5...aw Governing Lawyers, as well as any other factors the court deems relevant. REVERSED AND
REMANDED WITH DIRECTIONS. STONE and WARNER, JJ., concur.
511-CITE: 555 So.2d 828 STANDARD GUARANTY INSURANCE CO., Petitioner, v. Brenda L. QUANSTROM, Respondent.
TEXT: OVERTON, Justice. We have for review Quanstrom v. Standard Guaranty Insurance Co., 519
So.2d... In concur with the Court s opinion except for the modification of the contingency fee
multiplier. I can see no reason for reducing it from 3 to 2.5
512-CITE: 662 So.2d 947 Edward T. QUINN, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Edward Quinn appeals from an order withholding adjudication of guilt,
which...onclude that the state met its burden of proof under section 775.083(1)(f), and affirm the
order in toto. AFFIRMED. COBB and GRIFFIN, JJ., concur.
513-CITE: 583 So.2d 1063 Matthew ROBINSON, et al., Appellants, v. STATE FARM FIRE & CASUALTY COMPANY,
Appellee.
TEXT: GRIFFIN, Judge. Appellant seeks review of a summary final judgment rendered in favor of the
...v. American States Ins. Co., 412 So.2d 906 (Fla. 5th DCA 1982). (FN4) Section 627.7262, Fla.Stat.
(1989). (FN5) Section 46.051(3), Fla.Stat. (1989).
514-CITE: 593 So.2d 211 Shirley GODWIN, Petitioner, v. STATE of Florida, Respondent.
TEXT: HARDING, Judge. We have for plenary review Godwin v. State, 557 So.2d 955, 956 (Fla. 1st
DCA...ercive deprivation of liberty. Not merely law and logic, but also humanity and compassion
require that result. SHAW, C.J., and BARKETT, J., concur.
515-CITE: 562 So.2d 331 Richard Barry RANDOLPH, Appellant, v. STATE of Florida, Appellee.
TEXT: BARKETT, Justice. Richard Barry Randolph appeals his convictions for the sexual battery and
...death imposed for the murder of Minnie Ruth McCollum. It is so ordered. EHRLICH, C.J., and
OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.
516-CITE: 502 So.2d 931 SOUTHWEST RANCHES HOMEOWNERS ASSOCIATION, INC., a Florida corporation, Appellant
Cross Appellee, v. COUNTY OF BROWARD, a political subdivision of the State of Florida, Appellee
Cross Appellant.
TEXT: ANSTEAD, Judge. This is an appeal from a final judgment declaring valid two zoning
ordinance... the water management provisions of Chapter 163 which are reflected in the plan.
DOWNEY, J., and WILLIS, BEN C., Associate Judge (Retired), concur.
517-CITE: 683 So.2d 1147 John GRAHAM, Appellant, v. Ryan Dwyer LANGLEY, Steak N Shake, Inc., et al,
Appellee.
TEXT: THOMPSON, Judge. John Graham appeals from an adverse summary judgment in favor of Steak N
Sh...293 N.E.2d 483 (Ill.App.1973), affirmed, 57 Ill.2d 19, 301 N.E.2d 9 (1974). In my view, this is
one case that should have been determined by a jury.
518-CITE: 731 So.2d 638 DADE COUNTY SCHOOL BOARD, Petitioner, v. RADIO STATION WQBA, City of Miami,
Susquehanna Pfaltzgraff and Three Kings Parade, Inc., Respondents.
TEXT: REVISED OPINION HARDING, C.J. We have for review Dade County School Board v. Radio Station
...TEE _______________________________________ DATE SUBMITTED
_______________________________________ DATE APPROVED Parada de los Reyes Magos WQBA-FM
519-CITE: 551 So.2d 477 Guy TUTTLE and Janet Tuttle, his mother, Appellants Cross-appellees, v. MIAMI
DOLPHINS, LTD., a Florida limited partnership, Joseph Robbie and South Florida Sports Corporation,
as General Partners of Miami Dolphins, Ltd., and Harry M. Stevens, Inc., a New York corporation
authorized to do business in Florida, Appellees Cross-appellants, and The City of Miami, a municipal
corporation, Appellee.
TEXT: BASKIN, Judge. Appellants Guy Tuttle and his mother Janet Tuttle sued Miami Dolphins, Ltd.;
... The court should refrain from speculation and abide by the trial court s finding that the record
contained no evidence concerning the sale of beer.
520-CITE: 465 So.2d 1235 MARTIN COUNTY SCHOOL BOARD and Gallagher Bassett Insurance Service, Appellants,
v. Ray Lee McDANIEL, Appellee.
TEXT: NIMMONS, Judge. Claimant hurt his back unloading furniture for his employer on September 4,
...cepted medical criteria for determining impairment which we approved in Trindade. ------------
(FN1) See footnote 1 of the panel s majority opinion.
521-CITE: 450 So.2d 822 John FASSOULAS, et al., Petitioners, v. John R. RAMEY, et al., Respondents.
TEXT: PER CURIAM. This cause is before the Court on a decision certified by the Third District
Cou... Dr. Ramey did not do Edith and John a favor. That is what this Court should hold. Since it
did not, I must dissent. ADKINS and SHAW, JJ., concur.
522-CITE: 645 So.2d 1008 SUN BANK AND TRUST COMPANY, Appellant, v. John G. JONES, Appellee.
TEXT: W. SHARP, Judge. Sun Bank and Trust Company, the personal representative of the estate of
Do...e available. (FN16) See Webster & Moorefield P.A. v. City National Bank of Miami; In re
Guardianship of Lawrence, 563 So.2d 195 (Fla. 1st DCA 1990).
523-CITE: 745 So.2d 330 Ira FOX, Appellant, v. McCAW CELLULAR COMMUNICATIONS OF FLORIDA, Inc., d b a
Cellular One; Advanced Cellular System, Inc.; Vern s Enterprises, Inc., d b a Vern Electronics;
Almac Communications, Inc.; Radiotronics, Inc.; Metro Cellular Inc.; Central Cellular, Services,
Inc.; Florida Cellular, Inc.; and Ronald Hickenbotham, Appellees.
TEXT: PER CURIAM. This case involves an offer of judgment in the amount of $100. The trial judge
f...rpret good faith to exclude nominal offers, because that interpretation would be most favorable
to the constitutional right of access to the courts.
524-CITE: 638 So.2d 545 FLORIDA POWER CORPORATION, Appellant, v. STATE of Florida, DEPARTMENT OF
ENVIRONMENTAL REGULATION, Appellee.
TEXT: BARFIELD, Judge. Florida Power Corporation (FPC) appeals an order of the Department of
Envir...f the hearing officer and the Secretary in this case and has approved the Secretary s misuse
of her discretion as to policy, I respectfully dissent.
525-CITE: 625 So.2d 59 Robert A. GORDON, Appellant, v. Barbara Ann GORDON, Appellee.
TEXT: FARMER, Judge. More than one year after the entry of judgment, a former husband [he, him]
fi... under rule 1.540(b), as he did not file a motion with the trial court within one year after
the final judgment of dissolution was entered or taken.
526-CITE: 495 So.2d 154 Donald William DUFOUR, Appellant, v. STATE of Florida, Appellee.
TEXT: ADKINS, Justice. Donald William Dufour appeals his conviction of first-degree murder and
the...ed. McDONALD, C.J., and BOYD, EHRLICH and SHAW, JJ., concur. OVERTON, J., concurs in result
only in the conviction, and concurs with the sentence.
527-CITE: 705 So.2d 81 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Gary SCHLUTER and
The Florida Association of State Troopers, Inc., Appellees.
TEXT: ERVIN, Judge. The Department of Highway Safety and Motor Vehicles (Department) appeals a
fin...final order. I respectfully dissent otherwise, because, in my view, none of the challenged
policies amounts to a rule, or was ever intended as such.
528-CITE: 750 So.2d 83 COCA-COLA BOTTLING COMPANY, et al., Appellants Cross-Appellees, v. Linda HAGAN
and Dobie Hagan, et al., Appellees Cross-Appellants.
TEXT: W. SHARP, J. Florida Coca-Cola Bottling Company and Coca-Cola Enterprises, Inc. (Coca-Cola)
...estion as being one of great public importance. SHOULD THE IMPACT RULE BE ABOLISHED OR AMENDED
IN FLORIDA? W. SHARP, J., concurs in certification.
529-CITE: 590 So.2d 446 Wayne BOYNTON, Sr., individually, as father and next best friend of Wayne
Boynton, Jr., deceased, and as personal representative and survivor of the Estate of Wayne Boynton,
Jr., and Dorothy Boynton, individually, as mother, next best friend, and survivor of the Estate of
Wayne Boynton, Jr., Appellants, v. Milton BURGLASS, M.D., and Milton Burglass, M.D., P.A.,
Appellees.
TEXT: ON REHEARING EN BANC JORGENSON, Judge. By this appeal we are asked to adopt the rule
announ...tection of life, that we should ask why it should not. There is no reason why not, and I
therefore dissent. BASKIN, FERGUSON and LEVY, JJ., concur.
530-CITE: 432 So.2d 592 SOUTHEAST VOLUSIA HOSPITAL DISTRICT, et al., Appellants, v. STATE of Florida,
DEPARTMENT OF INSURANCE, and Florida Patient s Compensation Fund, Appellees. HIGHLANDS COUNTY
HOSPITAL DISTRICT, et al., Appellants, v. STATE of Florida, DEPARTMENT OF INSURANCE, and Florida
Patient s Compensation Fund, Appellees.
TEXT: ERVIN, Judge. In these consolidated appeals from a final order of the Department of
Insuranc... REVERSED and remanded for further proceedings not inconsistent with this opinion.
MILLS, J., and PEARSON, TILLMAN (Ret.), Associate Judge, concur.
531-CITE: 743 So.2d 1105 Johnny C. BARNES, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, J. At 2:00 in the morning on his way home after working a full shift as a nurse, an
...judge on this panel to believe that the result of our decision on the merits should be changed.
REHEARING DENIED. GUNTHER and TAYLOR, JJ., concur.
532-CITE: 615 So.2d 713 Tony Owen DUPREE, Appellant, v. STATE of Florida, Appellee.
TEXT: MINER, Judge. In this appeal from a conviction for premeditated, first degree murder,
appell...e premeditated murder and remand with directions to grant a new trial on second degree
murder, consistent with our opinion in Smith v. State, supra.
533-CITE: 632 So.2d 149 Roger COLLIER, Appellant, v. Bolling BROOKS, Appellee.
TEXT: BARFIELD, Judge. Roger Collier appeals from a summary judgment against him as plaintiff in
a...ent within one year, or that the contract was not fully performed within such time is immaterial
to his right to enforce the terms of the agreement.
534-CITE: 738 So.2d 338 Lawrence FUCHS, etc., et al., Appellants, v. Joel W. ROBBINS, etc., Appellee.
TEXT: LEVY, Judge. This appeal arises from a lower court Order upholding the Property Appraiser s
... even if the Appraiser had not raised the constitutional issue in a defensive posture, he had
standing to raise it under the public funds exception.
535-CITE: 747 So.2d 374 FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF
PARI-MUTUEL WAGERING, Petitioner, v. INVESTMENT CORP. OF PALM BEACH, d b a Palm Beach Kennel Club
and Palm Beach Jai Alai, et al., Respondents.
TEXT: LEWIS, J. We have for review Investment Corp. of Palm Beach v. Division of Pari-Mutuel
Wager...If true, we strongly disapprove of any such extralegal coercion by agencies whose ultimate
purpose is to serve the citizens of the State of Florida.
536-CITE: 603 So.2d 1175 STANDARD JURY INSTRUCTIONS--CRIMINAL CASES NO. 92-1.
TEXT: PER CURIAM. The Supreme Court Committee on Standard Jury Instructions (Criminal) has
submitt...ail. The changes, therefore, do not necessarily fully update it. Only matters specifically
brought to the committee s attention are addressed above.
537-CITE: 526 So.2d 948 Steven Wayne BENSON, Appellant Cross-Appellee, v. STATE of Florida, Appellee
Cross-Appellant.
TEXT: LEHAN, Acting Chief Judge. Defendant appeals from convictions and sentences for the
first-de...5), may be construed under the circumstances of this case to require three-year mandatory
minimums for the sentences pursuant to counts V though IX.
538-CITE: 573 So.2d 850 FLORIDA EAST COAST RAILWAY COMPANY, a Florida corporation, Appellant, v. Alan
Raymond PICKARD, Appellee.
TEXT: MINER, Judge. Florida East Coast Railway Company (FEC) appeals from a final judgment
entered...s an unwarranted override of the jury s legitimate fact-finding function. I would,
therefore, grant rehearing and affirm the trial court s judgment.
539-CITE: 699 So.2d 701 DADE COUNTY SCHOOL BOARD, Appellant, v. RADIO STATION WQBA, City of Miami,
Susquenhanna Pfaltzgraff and Three Kings Parade, Inc., Appellees.
TEXT: GERSTEN, Judge. Appellant cross-appellee Dade County School Board ( DCSB ), appeals a final
...__ DATE SUBMITTED DATE APPROVED Parada de los Reyes Magos WQBA-FM 2828 Coral Way * Miami,
Florida 33145 * (305) 441-2073 * FAX (305) 445-8908
540-CITE: 704 So.2d 176 Lisa WESTMORELAND, as Personal Representative of the Estate of Rosemarie
Deslauriers, deceased; Elizabeth Carrero and Laniel Carrero, individually and as Co-Personal
Representatives of the Estates of Lenise Carrero, deceased, and Laniel Carrero, deceased, and as
mother and father of Lenise and Laniel Carrero; and, Jean Deslauriers, individually, and as Personal
Representative of the Estate of Fleurette Deslauriers, a k a Fleurette Lalonde, deceased,
Appellants, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Appellee.
TEXT: ON MOTIONS FOR REHEARING, CLARIFICATION AND CERTIFICATION FARMER, Judge. We substitute the
...f ammonia from a blueprint machine in an architectural firm s offices fell within a pollution
exclusion in a comprehensive general liability policy.
541-CITE: 659 So.2d 1141 HILTON OIL TRANSPORT, et al., Appellant, v. OIL TRANSPORT CO., S.A., Appellee.
TEXT: GREEN, Judge. Hilton Oil Transport ( Hilton Oil ) and Percy C. Overman ( Overman ),
defendan... to O.T.C. Affirmed in part and reversed in part with instructions on the main appeal.
Reversed and remanded with instructions on the cross appeal.
542-CITE: 512 So.2d 934 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, Petitioner, v. SAND
KEY ASSOCIATES, LTD., Respondent.
TEXT: OVERTON, Justice. This is a petition to review Sand Key Associates, Ltd., v. Board of
Truste...uash the decision of the district court of appeal and remand for reinstatement of the
judgment entered by the trial court. McDONALD, C.J., concurs.
543-CITE: 465 So.2d 1270 FLORIDA POWER AND LIGHT COMPANY, Appellant, v. Glenn V. LIVELY, Sr. and Barbara
Lively, his wife, Appellees.
TEXT: OPINION ON REHEARING EN BANC (FN1) BARKDULL, Judge. This is an appeal by Florida Power and
...for rehearing en banc and let stand the three-judge panel opinion rendered herein. BASKIN, J.,
concurs. DANIEL S. PEARSON, J., concurs in part II.
544-CITE: 594 So.2d 756 Margaret M. ROGERS, as Personal Representative of the Estate of Russel B.
Rogers, deceased, Appellant, v. Javier RUIZ, M.D., Thoracic and Cardiovascular Associates, Javier
Ruiz, M.D., P.A. and Morton F. Plant Hospital Association, Inc., Appellees.
TEXT: LEHAN, Judge. This is a medical malpractice suit against a physician, the physician s
profes...reasonable person should have been put on notice that negligence may have been involved in
the medical treatment of Mr. Rogers. See Nardone; Weiner.
545-CITE: 689 So.2d 239 Richard HENYARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We have on appeal the judgment and sentence of the trial court imposing the
deat...D, JJ., concur. ------------ (FN17) Henyard does not contend that the trial court failed to
consider any mitigating evidence presented in this case.
546-CITE: 601 So.2d 1201 In re AMENDMENTS TO THE FLORIDA SMALL CLAIMS RULES.
TEXT: PER CURIAM. The Florida Bar Small Claims Rules Committee has submitted its quadrennial
repor...ns in the state, and the committee felt that a standard form for settlement would be much
more convenient for the litigants and the court system.___
547-CITE: 693 So.2d 953 Thomas Lee GUDINAS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We have on appeal the judgment and sentence of the trial court imposing the
deat...g of each nonstatutory mitigating circumstance listed in the sentencing order as required by
Campbell, Ferrell, and Robinson. KOGAN, C.J., concurs.
548-CITE: 561 So.2d 1164 Arthur BREAKSTONE and Beach Enterprises, Ltd., a Florida limited corporation,
Petitioner, v. Honorable Mary Ann MacKENZIE, as Judge of the Eleventh Judicial Circuit Court, in and
for Dade County, Florida, Respondent. SUPER KIDS BARGAIN STORE, INC., Petitioner, v. Honorable Mary
Ann MacKENZIE, as Judge of the Eleventh Judicial Circuit Court, in and for Dade County, Florida,
Respondent.
TEXT: ON HEARING AND REHEARING EN BANC COPE, Judge. We granted en banc consideration of two
petit...for us to determine and that it is contrary to the scheme apparently approved by those who
have that responsibility, the people and the legislature.
549-CITE: 470 So.2d 770 Joyce Bernice HAWTHORNE, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. This is an appeal from a conviction of manslaughter arising from Joyce
Haw...ERED WHEN BALANCING THE PROBATIVE WORTH OF THE PROFFERED EVIDENCE AGAINST COUNTERVAILING
FACTORS, AS PROVIDED BY SECTION 90.403, FLORIDA STATUTES?
550-CITE: 737 So.2d 1208 Terrance WASHINGTON, Appellant, v. STATE of Florida, Appellee.
TEXT: BROWNING, J. A jury found Terrance Washington guilty of the charged offenses of
first-degree...o error in the State s seeking the death penalty. We REVERSE the judgment and
sentence and REMAND for a new trial. MINER, and BENTON, JJ., CONCUR.
551-CITE: 543 So.2d 1205 In re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES.
TEXT: PER CURIAM. The Supreme Court Committee on Standard Jury Instructions (Criminal) has
submitt..., see statute. ---Definitions--- Give as applicable To introduce means to put inside or
into. Note to Judge: See p.220 for definition of possession.
552-CITE: 561 So.2d 278 STATE of Florida, Appellant, v. Tom Franklin SAWYER, Appellee.
TEXT: RYDER, Acting Chief Judge. The State of Florida challenges two trial court orders which
gran...ting the motion in limine is denied; and the matter is remanded for further proceedings.
PATTERSON, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
553-CITE: 695 So.2d 278 Danny Harold ROLLING, Appellant, v. STATE of Florida, Appellee.
TEXT: REVISED OPINION PER CURIAM. Danny Harold Rolling, a prisoner under sentence of death, pled
...fected in a way profoundly unique because of its relationship to the crimes and the victims.
Sometimes we ask too much. I fear we have done so here.
554-CITE: 596 So.2d 957 John Edward TRAYLOR, Petitioner, v. STATE of Florida, Respondent.
TEXT: SHAW, Chief Justice. We have for review Traylor v. State, 498 So.2d 1297 (Fla. 1st DCA
1986)...s analysis, I concur in the result reached by the majority, since I have found the errors
harmless beyond a reasonable doubt. BARKETT, J., concurs.
555-CITE: 509 So.2d 292 In re ADVISORY OPINION TO THE GOVERNOR, Request of May 12, 1987.
TEXT: The Honorable Bob Martinez Governor of Florida The Capitol Tallahassee, Florida 32301 Dear
Gov..., it is a power which should be exercised with circumspection. Id. (citation omitted,
footnote omitted). Respectfully, Rosemary Barkett Justice.
556-CITE: 563 So.2d 652 IN the INTEREST OF D.J.S. and J.S.G., children. John DOE, (FN1) Appellant, v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: ON REHEARING EN BANC BOOTH, Judge. This cause is before the court en banc pursuant to Rule
...the evidence, i.e., sufficient, insufficient and partially sufficient (albeit Judge Allen might
have found differently had he been the trial judge).
557-CITE: 718 So.2d 1179 In re AMENDMENTS TO THE RULES REGULATING THE FLORIDA BAR.
TEXT: PER CURIAM. This matter is before the Court on the petition of The Florida Bar for
amendment...nter shall endeavor to assist the commission in this regard consistent with the center s
funding, staffing, operational, and reporting structure.___
