Wages
Results 1-843
1-CITE: 720 So.2d 294 Javon GRAHAM, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Javon Graham was convicted of committing an armed robbery with a firearm (FN1)
a...1995). (FN2) Section 812.014, Fla.Stat. (1995). *295 AFFIRMED in part; VACATED in part; and
cause REMANDED. COBB, PETERSON and ANTOON, JJ. concur.
2-CITE: 581 So.2d 643 COMMONWEALTH LIFE INSURANCE, Appellant, v. Donovan P. WALTERS and Florida
Unemployment Appeals Commission, Appellees.
TEXT: PER CURIAM. Commonwealth Life Insurance appeals a final order of the Florida Unemployment
Ap...statute, but the two terms are not used synonymously. Some remuneration is excluded from the
definition of wages. See id. Section 443.036(33)(b)(1).
3-CITE: 695 So.2d 1311 Steven WAGES, Appellant Cross Appellee, v. Harry K. SINGLETARY, Jr., Appellee
Cross Appellant.
TEXT: PER CURIAM. The appealed order is reversed insofar as it compels the restoration of a
portio...ary v. Jones, 681 So.2d 836 (Fla. 1st DCA 1996). The order is otherwise affirmed, and the
case is remanded. MINER, ALLEN and LAWRENCE, JJ., concur.
4-CITE: 707 So.2d 376 F. Larry JOSEPH, Appellant, v. COMMONWEALTH LAND TITLE INSURANCE CO., Appellee.
TEXT: THOMPSON, Judge. F. Larry Joseph appeals an order entered pursuant to section 448.08,
Florid...rding attorney s fees to Commonwealth. REVERSED and REMANDED. GRIFFIN, C.J., and GOSHORN,
J., concur. ------------ (FN1) Section 448.08, Fla.Stat.
5-CITE: 531 So.2d 400 Mike IAMAIO, Appellant, v. Harold L. KITE, Burger Queen Systems, Inc., a Florida
corporation, and Kreem Cup, Inc., a Florida corporation, Appellees.
TEXT: LEHAN, Judge. Plaintiff appeals a final judgment on the pleadings finding that his action
wa...t with that case, they have been overruled. Reversed and remanded for proceedings consistent
herewith. DANAHY, A.C.J., and THREADGILL, J., concur.
6-CITE: 580 So.2d 826 Donald MATTESON, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et al.,
Appellees.
TEXT: HARRIS, Judge. Donald Matteson was employed by the City of Titusville in 1973 and was
discha...Matteson and find them to be without merit. AFFIRMED. GRIFFIN and DIAMANTIS, JJ., concur.
------------ (FN6) Section 443.036(32) Fla.Stat. (1989).
7-CITE: 700 So.2d 1250 John Paul POLK, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. John Paul Polk (Polk) was convicted and sentenced for making a false bomb
threat...les, and authorizes restitution for any damage or loss caused by the child s offense in a
reasonable amount or manner to be determined by the court.
8-CITE: 681 So.2d 847 James Michael DESJARLAIS, Appellant, v. Samantha Abigail DESJARLAIS, Appellee.
TEXT: PER CURIAM. Affirmed. Henderson v. Henderson, 537 So.2d 125 (Fla. 1st DCA 1988), cause
dismi.... Ritsi, 160 So.2d 159 (Fla. 3d DCA 1964), cert. denied, 166 So.2d 591 (Fla.1964). See
generally Jaffee v. Jaffee, 394 So.2d 443 (Fla. 3d DCA 1981).
9-CITE: 516 So.2d 1148 Roy Lee HULLINGER, Appellant, v. RYDER TRUCK RENTAL, INC., Appellee.
TEXT: UPCHURCH, Chief Judge. Roy Hullinger appeals an order dismissing his complaint as barred by
...ngly the order dismissing Hullinger s complaint is AFFIRMED. COBB and SHARP, JJ., concur.
------------ (FN1) Section 95.11(3)(f), Fla.Stat. (1987).
10-CITE: 624 So.2d 343 EFFICIENT SYSTEMS, INC. and The Claims Center, Appellants, v. The FLORIDA
DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF WORKERS COMPENSATION, Appellee.
TEXT: WOLF, Judge. Efficient Systems, Inc. and The Claims Center (E C) appeal from an order of
the..., JJ., concur. ------------ (FN1) Neither paragraph (e) [employees under age 22] nor paragraph
(f) [part-time employees] applies to the case at bar.
11-CITE: 461 So.2d 973 CALDWELL-DAVIS CONSTRUCTION CORP., Appellant, v. John W. HOOVER, Jr. and James
A. Sawyer, Appellees.
TEXT: PER CURIAM. A corporate independent contractor which prevails in an action to recover
bonuse...5 (1975) (wages as used in a statute refers to compensation for labor performed by an
employee rather than by an independent contractor). Affirmed.
12-CITE: 561 So.2d 1348 SPHNIX ENTERPRISES, INC., d b a Club 49, Fidelity & Casualty Company of New
York and Continental Loss Adjusting Services, Appellant Cross-Appellees, v. Raydell SANTA CRUZ, and
The Florida Department of Labor and Employment Security, Division of Workers Compensation, Appellee
Cross-Appellant.
TEXT: WIGGINTON, Judge. Before us is a workers compensation appeal and cross-appeal from the
order...this cause to the judge to recalculate claimant s average weekly wage by including the tips
and unreported wages. SMITH and WENTWORTH, JJ., concur.
13-CITE: 712 So.2d 1188 Warren ROSEMARIN, Appellant, v. STATE of Florida UNEMPLOYMENT APPEALS
COMMISSION, and Syntex Laboratories, Inc., Appellees.
TEXT: PER CURIAM. We affirm the orders of the Unemployment Appeals Commission. Appellant ceased
wo...ion 443.036(33) wages to an employee during the base period. AFFIRMED. GLICKSTEIN and GROSS,
JJ., and GOLDENBERG, RENEE, Associate Judge, concur.
14-CITE: 473 So.2d 787 Robert E. NEWELL, Appellant, v. SEABOARD CONTRACTORS and Claims Center,
Appellees.
TEXT: BOOTH, Chief Judge. This cause is before us on appeal from a workers compensation order
find...y period as March 20, 1983. It does not show claimant s actual earnings between March 20,
1983, and March 30, 1983, the date of claimant s accident.
15-CITE: 623 So.2d 850 MORAN TOWING OF FLORIDA, INC., Appellant, v. Harold E. MAYS, Sr., Appellee.
TEXT: PER CURIAM. In this appeal Moran Towing, employer of Harold Mays, seeks review of an order
w... accordingly we deny appellant s motion for retention of jurisdiction by the trial court as
moot. REVERSED. ALLEN, MINER and WEBSTER, JJ., concur.
16-CITE: 750 So.2d 651 Kathy Jane WATTS, Appellant Cross-Appellee, v. Rebecca A. KONCELIK, Appellee
Cross-Appellant.
TEXT: CAMPBELL, Acting Chief Judge. Appellant cross-appellee, Kathy Jane Watts, challenges the
tri...r as it limited the new trial to past lost wages and past medical expenses. We also affirm on
the cross-appeal. WHATLEY and NORTHCUTT, JJ., Concur.
17-CITE: 646 So.2d 808 J.B., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. J.B., a juvenile, was convicted of the criminal offenses of theft of an
automobi... is cited which precludes including these amounts in the restitution, and no abuse of the
trial court s discretion is shown on the record before us.
18-CITE: 454 So.2d 724 ORANGE-CO OF FLORIDA and Liberty Mutual Insurance Company, Appellants, v.
Antoinette WALDROP, Appellee.
TEXT: MILLS, Judge. Orange-Co of Florida and Liberty Mutual Insurance Company (E C) appeal from a
...y wage is reversed and the cause remanded for a determination of average weekly wage consistent
with this opinion. BOOTH and BARFIELD, JJ., concur.
19-CITE: 623 So.2d 577 Jon M. REICHENBACH, Appellant, v. CHEMICAL BANK OF NEW JERSEY, Appellee.
TEXT: PER CURIAM. Jon M. Reichenbach appeals from a final judgment in favor of Chemical Bank of
Ne... court with instructions to dissolve the second writ of garnishment and release the monies to
Reichenbach. Reversed and remanded with instructions.
20-CITE: 477 So.2d 608 Joseph Henry BENNETT, III, etc., et al., Appellants Cross-Appellees, v. FLORIDA
FARM BUREAU CASUALTY INSURANCE COMPANY, Appellee Cross-Appellant.
TEXT: ORFINGER, Judge. We reverse the judgment appealed from and remand the case to the trial
cour...e considered in the uninsured motorist claim is not supported in any manner by the record in
this case. REVERSED. DAUKSCH and COWART, JJ., concur.
21-CITE: 502 So.2d 495 K-MART and KM Administrative Services, Appellants, v. Ronnie Cecil JONES,
Appellee.
TEXT: ZEHMER, Judge. The employer and carrier appeal a workers compensation order awarding
wage-lo...loss from December 18, 1984, through November 23, 1985, and, accordingly, affirm that
issue. AFFIRMED as modified. ERVIN and SHIVERS, JJ., concur.
22-CITE: 528 So.2d 456 ANNA MARIA FIRE CONTROL DISTRICT and Commercial Union Insurance Company,
Appellants, v. Thomas Karl ANGELL, Appellee.
TEXT: MILLS, Judge. Anna Maria Fire Control District and Commercial Union Insurance Company (E C)
...m includable. We reverse and remand for recalculation of the AWW using only Angell s employment
with the E C. SHIVERS and WIGGINGTON, JJ., concur.
23-CITE: 522 So.2d 114 Jayne JORGLEWICH, Appellant, v. LUMBERMENS MUTUAL CASUALTY COMPANY, etc.,
Appellee.
TEXT: COWART, Judge. Appellant, a worker and a named insured under a personal injury protection
(P...le to no PIP benefits. Diaz v. South Carolina Insurance Company, 397 So.2d 386 (Fla. 3d DCA
1981). AFFIRMED. SHARP, C.J., and DAUKSCH, J., concur.
24-CITE: 639 So.2d 703 Marie J. BLIND, Appellant, v. IT S A BIT FISHY, INC. and Executive Risk
Consultants, Inc., Appellees.
TEXT: PER CURIAM. Claimant Marie Blind (Blind) appeals an order from the Judge of Compensation
Cla...a Statutes (1991), as neither party below contended that Blind was a part-time worker or had
adopted part-time employment as her customary practice.
25-CITE: 681 So.2d 929 Joseph STRICKLAND, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Joseph Strickland appeals from a final order of the trial court which imposed
ad...e trial court with directions to strike $3180 for dental expenses and $528 for lost wages from
the final restitution order entered December 5, 1995.
26-CITE: 528 So.2d 1225 A.D. BUILDERS, INC. and General Accident Insurance Company, Appellants, v.
Gregory JOHNSTON, Appellee.
TEXT: SHIVERS, Judge. In this workers compensation case, the employer carrier (E C) appeal the
fin...01 So.2d 63 (Fla. 1st DCA 1987). The remainder of the order is affirmed. AFFIRMED in part,
and REVERSED in part. MILLS and WIGGINTON, JJ., concur.
27-CITE: 731 So.2d 826 Edward C. VINING, Jr., Appellant, v. Howard I. SEGAL, Bernice Yellen as Personal
Representative of the Estate of Lorraine K. Segal, and Commercial Bank of Florida, Appellees.
TEXT: SHEVIN, J. Edward C. Vining, Jr., appeals an order dissolving a writ of garnishment on
Howar...and remand with instructions to the court to order the replacement of the funds into the
subject accounts. Reversed and remanded with instructions.
28-CITE: 742 So.2d 847 Michael UTVICH, Appellant, v. Mario FELIZOLA, Appellee.
TEXT: COPE, J. Appellant Michael Utvich, the defendant in this auto accident action, appeals a
jur...ovisions of the no-fault act. ). Thus, taxi drivers do not fall within the scope of the
statutes requiring claimants to prove permanency. Affirmed.
29-CITE: 548 So.2d 231 Roy Lee HULLINGER, Petitioner, v. RYDER TRUCK RENTAL, INC., Respondent.
TEXT: GRIMES, Justice. We have for review Hullinger v. Ryder Truck Rental, Inc., 516 So.2d 1148
(F...wed today was largely grounded upon the two federal cases whose rationale we later rejected in
Scott v. Otis Elevator Co., 524 So.2d 642 (Fla.1988).
30-CITE: 705 So.2d 1053 HERNANDO COUNTY, etc., et al., Appellant, v. GEORGE WARNER d b a George Warner
Excavating, Appellee.
TEXT: ANTOON, Judge. Hernando County appeals the trial court s order granting George Warner s
peti...t section 77.0305 waived sovereign immunity as to the sums owed by the County to the
Corporation. ORDER REVERSED. DAUKSCH and HARRIS, JJ., concur.
31-CITE: 669 So.2d 1120 Thomas NEALON, III, Appellant, v. RIGHT HUMAN RESOURCE CONSULTANTS, INC.,
Appellee.
TEXT: GREEN, Judge. This is an appeal from the final order of dismissal of an action for the
breac...whether McGhee should be deemed a supervisory employee who received a salary or a manual
laborer who received wages as directed in Broward Builders.
32-CITE: 472 So.2d 1356 BUENA VISTA CONSTRUCTION COMPANY, etc., Appellant, v. CARPENTERS LOCAL UNION
1765 OF the UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. Buena Vista Constuction Company appeals from a judgment
confi...nd costs, but reverse the award as to attorney s fees. AFFIRMED in part, and REVERSED in
part. COBB, C.J., and LEE, R.E., Associate Judge, concur.
33-CITE: 524 So.2d 642 William F. SCOTT, Petitioner, v. OTIS ELEVATOR COMPANY, Respondent.
TEXT: SHAW, Justice. We have for review Otis Elevator Co. v. Scott, 503 So.2d 941 (Fla. 4th DCA
19...ry of real property shall be commenced as follows: . . . . (3) WITHIN FOUR YEARS.-- . .
. . (f) An action founded on a statutory liability.
34-CITE: 617 So.2d 439 COSMOS CONTRACTING CO. and Executive Risk Consultants, Inc., Appellants
Cross-Appellees, v. Leonard COURTNEY, Appellee Cross-Appellant.
TEXT: PER CURIAM. This cause is before us on appeal and cross appeal from a final order awarding
t... are remanded for reconsideration in light of this opinion. In all other respects the order
below is affirmed. BOOTH, KAHN AND MICKLE, JJ., concur.
35-CITE: 629 So.2d 310 TRI VAN NGUYEN, Appellant, v. PLASTICS INTERNATIONAL and Hanover Insurance
Company, Appellees.
TEXT: PER CURIAM. Tri Van Nguyen (Claimant) appeals a workers compensation order which ruled that
...3). For this reason, it is not necessary to reach the constitutional issues. REVERSED AND
REMANDED. ZEHMER, C.J., ERVIN and LAWRENCE, JJ., concur.
36-CITE: 580 So.2d 217 Marcella S. BENNETT, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, Appellee.
TEXT: RYDER, Judge. Appellant, Marcella Bennett (Bennett), contends that the trial court erred
whe... the trial court order State Farm to reapportion Bennett s claim. Reversed and remanded with
instructions. SCHOONOVER, C.J., and HALL, J., concur.
37-CITE: 655 So.2d 234 Joseph A. STRASSER, Appellant, v. CITY OF JACKSONVILLE, FLORIDA, a body politic,
Appellee.
TEXT: LAWRENCE, Judge. Joseph Strasser (Strasser) appeals a final order denying him attorney s
fee... of Seminole County, 599 So.2d *237 220 (Fla. 5th DCA 1992). Contra Pena v. Dade County, 648
So.2d 1199 (Fla. 3rd DCA 1994). I respectfully dissent.
38-CITE: 681 So.2d 876 Willie CODY, Appellant, v. UNITED PARCEL SERVICE and Liberty Mutual Insurance,
Appellees.
TEXT: PER CURIAM. Claimant, Willie Cody, appeals from an order of the judge of compensation
claims... 1980). AFFIRMED IN PART, REVERSED IN PART and REMANDED for further proceedings consistent
with this opinion. ERVIN, KAHN and BENTON, JJ., concur.
39-CITE: 570 So.2d 1076 Loretta RICHARDSON, Appellant, v. MORRELL S INC., Appellee.
TEXT: SHIVERS, Judge. The claimant in this workers compensation case appeals an order denying her
...me weekly wages [section 440.14(1)(d)]. The JCC may receive additional evidence if necessary.
REVERSED and REMANDED. BOOTH and ALLEN, JJ., concur.
40-CITE: 642 So.2d 812 COMMUNITY ANIMAL HOSPITAL OF DADE, INC. and Centennial, Appellants, v. Mercedes
VARGAS, Appellee.
TEXT: PER CURIAM. Appellant, Community Animal Hospital of Dade, Inc., appeals the order of the
jud...oppel may apply under certain circumstances, this is not an appropriate case for its
application. REVERSED. BARFIELD, MINER and WOLF, JJ., concur.
41-CITE: 664 So.2d 959 DADE COUNTY, etc., Petitioner, v. Humberto PENA, Respondent.
TEXT: HARDING, Justice. We have for review Pena v. Dade County, 648 So.2d 1199 (Fla. 3d DCA
1994),...emand for proceedings consistent with this opinion. It is so ordered. *961 GRIMES, C.J.,
and OVERTON, SHAW, KOGAN, WELLS and ANSTEAD, JJ., concur.
42-CITE: 506 So.2d 1148 Christine EATON, Appellant, v. PINEBROOK PLACE HEALTH CARE CENTER and Crawford
& Co., Appellees.
TEXT: ZEHMER, Judge. This case is before us on appeal from an order of the deputy commissioner
det... Because claimant had worked full-time only two weeks, this section, rather than subsection
440.14(1)(a), would become the primary section to apply.
43-CITE: 431 So.2d 202 Eduardo LAVIN, Appellant, v. ALTON BOX BOARD COMPANY and Hartford Insurance
Group, Appellees.
TEXT: MILLS, Judge. Lavin appeals and the employer carrier (E C) cross appeals from the deputy
com...rtion of the order awarding catastrophic loss benefits is reversed. In all other respects, the
order is affirmed. JOANOS and THOMPSON, JJ., concur.
44-CITE: 705 So.2d 1026 ORANGE COUNTY SCHOOL BOARD and United Self Insured Services, Appellants, v.
Maureen MUSCANELL, Appellee.
TEXT: KAHN, Judge. In this workers compensation case, the Judge of Compensation Claims (JCC)
found...statute alters traditional understanding of wage calculation in Florida workers compensation
law. REVERSED. BARFIELD, C.J., and DAVIS, J., concur.
45-CITE: 630 So.2d 1218 Robert J. VANLIEU, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Vanlieu appeals from an order of restitution, which requires him to pay
$14...987). AFFIRMED in part, REVERSED in part, and REMANDED. DAUKSCH and GRIFFIN, JJ., concur.
------------ (FN2) Section 775.089(7), Fla.Stat. (1991).
46-CITE: 546 So.2d 107 Theodore K. COOPER, Appellant, v. Ina P. COOPER, Appellee.
TEXT: DOWNEY, Judge. Appellant, Theodore Cooper, appeals from two non-final orders granting and
is...he order giving rise to the arrearage no longer continues in effect. The orders appealed from
are affirmed. HERSEY, C.J., and GUNTHER, J., concur.
47-CITE: 493 So.2d 64 Cheryl D. MILLS, Appellant, v. WALDEN-SPARKMAN, INC., and Florida Farm Bureau
Insurance Companies, Appellees.
TEXT: JOANOS, Judge. This cause is before us on appeal from a worker s compensation order denying
...ture of damages, not recoverable by such person in workers compensation proceedings, *67 rather
than a cost of the transportation services provided.
48-CITE: 509 So.2d 377 R.E. DAILEY COMPANY and CNA Insurance Company, Appellants, v. Donald DORMAN,
Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order awarding
tem...reconsider the award of benefits during the time claimant received benefits from another
carrier. BOOTH, C.J., and JOANOS and NIMMONS, JJ., concur.
49-CITE: 487 So.2d 31 GULFSTAR YACHT SALES, INC., Appellant Cross-Appellee, v. James BISSELL, Appellee
Cross-Appellant.
TEXT: PER CURIAM. By an appeal and cross-appeal we are asked to decide whether the trial court
err...ccordingly, the judgment on appeal is AFFIRMED IN PART AND REVERSED IN PART. ANSTEAD,
HURLEY, JJ., and BARKETT, ROSEMARY, Associate Judge, concur.
50-CITE: 545 So.2d 288 SENTINEL ENTERPRISES, INC., a Florida corporation, Appellant, v. John
STANKIEWICZ, Appellee.
TEXT: PER CURIAM. Appellee, Glen Godwin, commenced this action in the trial court on a complaint
w...). The remaining issues are without merit. Affirmed in part, reversed in part, and remanded
for a hearing on Sentinel s claim for attorney s fees.
51-CITE: 593 So.2d 529 The IVENS CORPORATION, etc., Appellant Cross-Appellee, v. Stephen U. COHEN,
Appellee Cross-Appellant.
TEXT: PER CURIAM. The Ivens Corporation appeals from a judgment entered on remand following this
c... a new trial be held solely on the issue of damages and that reasonable attorney s fees be
awarded to Cohen. Reversed and remanded with directions.
52-CITE: 546 So.2d 93 TILE PLUS and CNA Insurance Companies, Appellants, v. Domenic ALBANESE, Appellee.
TEXT: ZEHMER, Judge. The claimant, Domenic Albanese, obtained a workers compensation order in
incr...properly used the two *95 weeks wages to compute the average weekly wage under section
440.14(1)(d). AFFIRMED. WENTWORTH and NIMMONS, JJ., concur.
53-CITE: 514 So.2d 395 FLORIDA INSURANCE GUARANTY ASSOCIATION, Appellant, v. Isamel VALEZ, Appellee.
TEXT: ERVIN, Judge. This workers compensation appeal involves the issue of whether the deputy
comm... to adjust the AWW based upon wages actually earned by claimant following that period of
disability. REVERSED. SMITH, C.J., and MILLS, J., concur.
54-CITE: 616 So.2d 61 John CIANCIO, Appellant, v. NORTH DUNEDIN BAPTIST CHURCH and Claims Center,
Appellees.
TEXT: ALLEN, Judge. The claimant appeals a workers compensation order applying section
440.02(24),...n, and the statutory classification being supported by a rational basis, the appealed
order is therefore affirmed. ZEHMER and WEBSTER, JJ., concur.
55-CITE: 577 So.2d 619 GENERAL REPAIR SERVICE, INC. and Auto-Owners Insurance Company, Appellants, v.
Neil D. McKENZIE, Appellee.
TEXT: WIGGINTON, Judge. Appellants, E C, appeal the Judge of Compensation Claims award of
temporar... weekly wage to the extent reported to the employer in writing as taxable income received
in the course of employment from others than the employer.
56-CITE: 581 So.2d 229 MIAMI BEACH POLICE & FIREMEN FOR FULL PENSION BENEFITS, INC., Appellant, v. The
BOARD OF TRUSTEES OF THE CITY PENSION FUND FOR FIREMEN AND POLICEMEN OF the CITY OF MIAMI BEACH,
Appellee.
TEXT: PER CURIAM. The Miami Beach Police and Firemen for Full Pension Benefits, Inc., (MBPF)
appea...nequitable result or result in favoring one member over another. Cleary, 75 So.2d at 795.
The declaratory judgment is therefore affirmed. Affirmed.
57-CITE: 712 So.2d 411 Carl D. SUMMERS and Ardis E. Summers, Appellants, v. Charles BLANTON, Appellee.
TEXT: BENTON, Judge. We find unpersuasive appellants contentions that they are not responsible
for...n Law if the job lasts as long as nine hours. The Legislature may wish to address this
anachronism. Affirmed. BOOTH and VAN NORTWICK, JJ., concur.
58-CITE: 698 So.2d 352 Michael E. MAY, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Department Of
Corrections, State of Florida, Appellees.
TEXT: ON MOTION FOR REHEARING PARIENTE, Judge. We deny the Unemployment Appeals Commission s
Moti... County Police Benevolent Ass n, 467 So.2d 987 (Fla.1985); State ex rel. Biscayne Kennel Club
v. Board of Bus. Regulation, 276 So.2d 823 (Fla.1973).
59-CITE: 472 So.2d 877 IMPERIAL BIRD COMPANY and INA Aetna Insurance Co., Appellants, v. Gale BEYER,
Appellee.
TEXT: WENTWORTH, Judge. Employer carrier seek review of a workers compensation order by which
clai...y commissioner and properly included in computing claimant s average weekly wage. The order
appealed is affirmed. NIMMONS and ZEHMER, JJ., concur.
60-CITE: 513 So.2d 153 SPARTAN ELECTRONICS and CNA Insurance Company, Appellants, v. Wanda RUSSELL,
Appellee.
TEXT: WENTWORTH, Judge. Appellants, the employer carrier, seek review of a workers compensation
or...rmine entitlement to attorney s fees. The order is affirmed in part and reversed in part, and
the cause remanded. MILLS and BARFIELD, JJ., concur.
61-CITE: 666 So.2d 981 E. Mitchell SHEFFIELD, Appellant, v. BRANNEN S LAND CLEARING and Auto Owners
Insurance, Appellees.
TEXT: ZEHMER, Chief Judge. Mitchell Sheffield appeals from the final order of the judge of
compens...order and remand for reconsideration of the evidence in a manner consistent with this
opinion. REVERSED and REMANDED. ALLEN and KAHN, JJ., concur.
62-CITE: 590 So.2d 48 LATIN AMERICAN SALES INTERNATIONAL, INC., Appellant, v. STATE of Florida,
DEPARTMENT OF REVENUE, Appellee.
TEXT: PER CURIAM. Affirmed. See Michelin Tire Corp. v. Wages, 423 U.S. 276, 96 S.Ct. 535, 46
L.Ed....t. 995, 93 L.Ed. 1276 (1949); State Dep t of Revenue v. Anderson, 403 So.2d 397 (Fla.1981);
Fred McGilvray, Inc. v. Askew, 340 So.2d 475 (Fla.1976).
63-CITE: 573 So.2d 871 HILLSBOROUGH COUNTY SCHOOL BOARD, and Alexsis Risk Management Services,
Appellant, v. Virginia BROWN, Appellee.
TEXT: PER CURIAM. In this appeal of a workers compensation order, the employer carrier (e c)
chall...benefit. Accordingly, the award of rehabilitation benefits is REVERSED. MINER and ALLEN,
JJ., and CAWTHON, VICTOR (Ret.), Associate Judge, concur.
64-CITE: 645 So.2d 1093 STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellant, v. James J. MANOLI,
et al., Appellees.
TEXT: KLEIN, Judge. We reverse a business damage award in an eminent domain case because the
trial...able value of the self-employed owner s services must be deducted just as any other wages
are deducted. Reversed. HERSEY and GUNTHER, JJ., concur.
65-CITE: 596 So.2d 801 Sharon L. WOODS, Appellant, v. UNITED INDUSTRIES, CORP., Appellee.
TEXT: SMITH, Judge. Appellant, the plaintiff below, appeals the denial of her motion for attorney
...DED. WIGGINTON and MINER, JJ., concur. ------------ (FN1) The facts are fully discussed in our
opinion ruling on the merits found at 593 So.2d 244.
66-CITE: 463 So.2d 1229 Elena GONZALEZ and Francisco Gonzalez, her husband, Appellants, v. WESTINGHOUSE
ELECTRIC CORPORATION, Appellee.
TEXT: DELL, Judge. Appellants challenge the adequacy of a jury verdict in a personal injury
action...Accordingly, we reverse and remand this cause for a new trial on the issue of damages only.
REVERSED and REMANDED. HERSEY and WALDEN, JJ., concur.
67-CITE: 660 So.2d 797 Arden M. WAGES, etc., Appellant, v. Aubry D. WAGES, Appellee.
TEXT: HARRIS, Judge. The issue on appeal concerns whether the trial court erred in changing the
cu...ial custody decree may not withstand appellate scrutiny in a modification context. See, e.g.,
Ackerson v. Murphy, 622 So.2d 154 (Fla. 5th DCA 1993).
68-CITE: 492 So.2d 1101 Wallace G. FERRY, Cross Appellant, v. XRG INTERNATIONAL, INC., et al., Cross
Appellees.
TEXT: GLICKSTEIN, Judge. The parties agree that the main appeal in this case became moot upon
paym... whether to award an attorney s fee pursuant to section 448.08, Florida Statutes (1983).
LETTS, J., and FEDER, RICHARD Y., Associate Judge, concur.
69-CITE: 655 So.2d 1305 Jerry M. PRUITT, Appellant, v. LOTSPEICH CO. OF FLORIDA, INC. and Feisco,
Appellees.
TEXT: ALLEN, J. The claimant challenges an order by which the judge of compensation claims denied
... days immediately preceding the injury. Accordingly, the order is reversed and the case is
remanded. BARFIELD, J., and SMITH, Senior Judge, concur.
70-CITE: 549 So.2d 745 TAMPA BAY PUBLICATIONS, INC., a k a Tampa Bay The Suncoast s Magazine,
Appellant, v. Ginger WATKINS, Appellee.
TEXT: RYDER, Acting Chief Judge. Tampa Bay Publications (Tampa Bay) challenges a final judgment
wh...ors to arrive at and determine a reasonable fee based upon the specific facts and evidence
before it. Affirmed. LEHAN and THREADGILL, JJ., concur.
71-CITE: 514 So.2d 380 A & S BUILDING COMPANY, INC., Care Plus, Inc., Fine Fish Farms, Inc., Lithgow
Funeral Homes, Inc., Plezall Wipers, Inc., United Detective Bureau, Inc., Appellants, v. STATE OF
FLORIDA, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION,
Appellee.
TEXT: PER CURIAM. Employers A & S Building Company, Inc., Care Plus, Inc., Fine Fish Farms, Inc.,
...ull assessment upon employer for failure to make prompt payment does not constitute a penalty. ).
The Division s orders, are, therefore, AFFIRMED.
72-CITE: 567 So.2d 995 HARDEE COUNTY PLUMBING and Cotton States Insurance Company, Appellants, v.
Michael I. HEFLIN, Appellee. HARDEE COUNTY PLUMBING and Amerisure Michigan Mutual Insurance Company,
Appellants, v. Michael I. HEFLIN, Appellee.
TEXT: SMITH, Judge. This is a consolidated appeal from an order of the judge of compensation
claim... to stay the running of the statute of limitations, we hold that claimant s claims are
time-barred. REVERSED. WIGGINTON and BARFIELD, JJ., concur.
73-CITE: 559 So.2d 237 SEARS COMMERCIAL SALES and Allstate Insurance Co., Appellant, v. Retha DAVIS,
Appellee.
TEXT: SHIVERS, Chief Judge. The employer carrier (E C) in this workers compensation case appeals
a...ity of Clermont v. Rumph, 450 So.2d 573 (Fla. 1st DCA 1984). See Anello v. Friendship Village
Convalescent Home, 546 So.2d 1119 (Fla. 1st DCA 1989).
74-CITE: 518 So.2d 360 NEW WALES CHEMICALS, INC., and United States Fire Insurance Company, Appellants,
v. Woodrow W. PARKS, Appellee.
TEXT: ZEHMER, Judge. The employer and carrier appeal a workers compensation order granting
vocatio...ized rehabilitation services. Sugar Cane Growers v. Sutterfield, 490 So.2d 1350 (Fla. 1st
DCA 1986). AFFIRMED. WENTWORTH and NIMMONS, JJ., concur.
75-CITE: 638 So.2d 1003 PALM COAST RECOVERY CORP., a Florida corporation, Appellant, v. Cheryl V.
CARTER, Katie Carter, and Eastpointe Condominium I, Association, Appellees.
TEXT: STONE, Judge. We reverse an order denying a writ of post judgment garnishment of wages. The
...as to the applicability of the exemption. Therefore, the order is reversed, and we remand for
further proceedings. GUNTHER and POLEN, JJ., concur.
76-CITE: 682 So.2d 649 LIL CHAMP FOOD STORES and Commercial Risk Management, Appellants, v. Melonie
ROSS, Appellee.
TEXT: PER CURIAM. The employer and carrier (E C) seek review of a workers compensation order
which...difference between the correct offset amount and the amount actually taken. REVERSED and
REMANDED. BARFIELD, C. J., DAVIS and BENTON, JJ., concur.
77-CITE: 453 So.2d 541 Willie WILLIAMS, Appellant, v. FLORIDA MEMORIAL COLLEGE, Appellee.
TEXT: PER CURIAM. This is an appeal and cross appeal from a final judgment in an action for
breach...63 (1975); Sullivan v. Chicago & Northwestern Transportation Co., 326 N.W.2d 320, 328 (Iowa
1982). Affirmed in part, reversed in part and remanded.
78-CITE: 472 So.2d 511 Joanne REINHART, Appellant, v. SEABOARD COAST LINE RAILROAD COMPANY and State of
Florida Department of Transportation, Appellees.
TEXT: HALL, Judge. Joanne Reinhart, plaintiff below, appeals the trial court s amended final
judgm...rvis, 114 So.2d at 492. As such, her failure to object did not waive her right to appeal
this error. See Sanford v. Rubin, 237 So.2d 134 (Fla.1970).
79-CITE: 458 So.2d 1222 Dallas SELF, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. Self appeals from an order of restitution. He contends the trial court erred
i... could conclude the victim lost wages in the amount awarded as a result of Self s criminal
conduct. AFFIRMED. ERVIN, C.J., and ZEHMER, J., concur.
80-CITE: 503 So.2d 941 OTIS ELEVATOR COMPANY, Appellant Cross Appellee, v. William F. SCOTT, Appellee
Cross Appellant.
TEXT: GLICKSTEIN, Judge. This is an appeal of a final order awarding damages to appellant for
reta...verned: (b) Suits for the recovery of wages, overtime, or damages and penalties accruing
under laws respecting the payment of wages and overtime.
81-CITE: 739 So.2d 148 Yvonnie COFFIE, Appellant, v. DISTRICT BOARD OF TRUSTEES, MIAMI-DADE COMMUNITY
COLLEGE, and Max Lombard, Appellees.
TEXT: NESBITT, J. Yvonnie Coffie appeals from the section of the final judgment below denying her
...FN1) Coffie alleged violations of Title VII of the Civil Rights Act of 1964, of 42 U.S.C. Section
1981, and of chapter 760, Florida Statutes (1995).
82-CITE: 645 So.2d 1117 METROPOLITAN DADE COUNTY, Appellant, v. UNITED GUARANTY RESIDENTIAL INSURANCE
COMPANY OF NORTH CAROLINA, Appellee.
TEXT: COPE, Judge. Metropolitan Dade County appeals a non-final order denying its motion to quash
...o governmental employees that their wages would be subject to possible garnishment proceedings
for obligations incurred on or after October 1, 1993.
83-CITE: 543 So.2d 413 Johnny HARGROVE, Appellant, v. OLSTEN TEMPORARY SERVICES and CNA Insurance
Company, Appellees.
TEXT: PER CURIAM. Finding that the deputy commissioner erred in calculating claimant s average
wee...ed upon all actual wages from continuous and concurrent employment. REVERSED AND REMANDED
with instructions. BOOTH, JOANOS and MINER, JJ., concur.
84-CITE: 592 So.2d 1228 Ralph P. SHAW, Jr., Appellant, v. HANSA MOLD TOOL & DIE, INC. and Florida
Unemployment Appeals Commission, Appellees.
TEXT: PARKER, Judge. Ralph P. Shaw, Jr., appeals the final order of the Unemployment Appeals
Commi... Unemployment Appeals Commission and remand with directions to award Shaw unemployment
compensation benefits. RYDER, A.C.J., and LEHAN, J., concur.
85-CITE: 707 So.2d 884 Karen CORKERY, Appellant, v. BEST WINGS OF CAPE CORAL and Claims Center,
Appellees.
TEXT: BENTON, Judge. Below Karen Corkery sought recalculation of her average weekly wage, payment
...ured for the claimant. Section 440.34(3), Fla.Stat. (1995). Affirmed in part, reversed in part,
and remanded. ERVIN and VAN NORTWICK, JJ., concur.
86-CITE: 591 So.2d 1090 GREATER FLORIDA OUTDOOR ADVERTISING and Executive Risk Consultants, Inc.,
Appellants, v. Thomas S. DICHRISTINA, Appellee.
TEXT: ALLEN, Judge. The employer carrier appeal, and the claimant cross-appeals, a workers
compens... per week, and awards benefits thereon. The order is otherwise affirmed, and the cause is
remanded. SMITH, J., and WENTWORTH, Senior Judge, concur.
87-CITE: 630 So.2d 1256 Barbara SOUTHALL, Appellant, v. SARA-CHAR BROADCASTING and Auto-Owners,
Appellees.
TEXT: PER CURIAM. Southall appeals a workers compensation order which denied a claim for
concurren... this court s opinion in Vegas v. Globe Security, 627 So.2d 76 (Fla. 1st DCA 1993).
REVERSED AND REMANDED. BOOTH, LAWRENCE and DAVIS, JJ., concur.
88-CITE: 685 So.2d 66 Jean MAURANSSI, Appellant, v. CENTERLINE UTILITIES CONTRACT CO. and Claims
Center, Appellees.
TEXT: BENTON, Judge. On the purported authority of section 440.14(1)(d), Florida Statutes (1995),
...e of compensation claims take Mr. Mauranssi s raise into account in determining his (prospective)
average weekly wage. ERVIN and KAHN, JJ., concur.
89-CITE: 578 So.2d 455 Willie STRAWTER, Appellant, v. ATLAS STEEL FENCE, INC. CLAIMS CENTER, Appellee.
TEXT: ERVIN, Judge. Willie Strawter filed this petition for writ of certiorari seeking to quash
an...ee from earning wages equal to wages earned prior to the injury, the employee shall be entitled
to prompt rehabilitation services. (Emphasis added.)
90-CITE: 547 So.2d 197 James WATERS, Appellant, v. Rosalyn Joy ALBANESE, Appellee.
TEXT: STONE, Judge. A former husband appeals from an order holding him in contempt for failure to
...nahan v. Klyn, 268 Mich. 120, 255 N.W. 733 (1934). The order holding the appellant in contempt
is affirmed. HERSEY, C.J., and GUNTHER, J., concur.
91-CITE: 439 So.2d 892 John CMEYLA, Appellant, v. BAYNARD-THOMPSON FUNERAL HOME and Aetna Insurance
Co., Appellees.
TEXT: ZEHMER, Judge. The issue in this worker s compensation case is whether the deputy
commission...VERSED and this case is REMANDED for entry of an order awarding the claimant full
wage-loss benefits. REVERSED. JOANOS and WIGGINTON, JJ., concur.
92-CITE: 579 So.2d 900 Walter F. WATSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Walter Watson was charged by information with a violation of section 800.04(1),
...-------- (FN1) We wish to emphasize however that we are affirming the award of restitution
regarding the child s medical and mental health expenses.
93-CITE: 651 So.2d 1262 Will TAYLOR, Appellant, v. CERTIFIED POULTRY & EGG CO. and Zurich America,
Appellees.
TEXT: PER CURIAM. This cause is before us on appeal from the judge of compensation claims ( JCC )
...s non-compensable injury and surgery in January and February of 1991. REVERSED AND REMANDED WITH
DIRECTIONS. BOOTH, MINER and JOANOS, JJ., concur.
94-CITE: 714 So.2d 667 Kristin H. WHITE, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: PER CURIAM. Kristin H. White, appearing in proper person, appeals an order of the
Unemployme...s to require reversal. Applegate, 377 So.2d at 1152. Accordingly, the order on appeal
is AFFIRMED. BENTON, VAN NORTWICK and PADOVANO, JJ., concur.
95-CITE: 502 So.2d 1011 MIAMI BEACH KENNEL CLUB and Travelers Insurance Co., Appellants, v. Arthur
BERLIN, Appellee.
TEXT: PER CURIAM. The appealed order erred in awarding temporary total disability benefits for
the...n of the amount of wages earned during this period. In all other respects, the appealed order
is AFFIRMED. ERVIN, SHIVERS, and ZEHMER, JJ., concur.
96-CITE: 547 So.2d 337 ALTERMAN TRANSPORT LINES, Appellant, v. Kandies RUST, Appellee.
TEXT: BARFIELD, Judge. The employer appeals from a final order of the deputy commissioner
awarding...iem for the first and last days of a trip. Therefore, it is clear that claimant worked at
least 62 days of the 91 day period preceding the accident.
97-CITE: 556 So.2d 811 STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. Alan RAY, Appellee.
TEXT: LEE, R.E., Jr., Associate Judge. State Farm Fire and Casualty Company (State Farm), appeals
...uch a statement providing a legal reason for recovery, the motion must fail, and is denied.
REVERSED and REMANDED. COBB and W. SHARP, JJ., concur.
98-CITE: 430 So.2d 486 ALTERMAN TRANSPORT LINES INC. and Esis, Inc., Appellants, v. Edward J. GOETZMAN
and Division of Workers Compensation, Appellees.
TEXT: WENTWORTH, Judge. Employer servicing agent appeal a workers compensation order, contending
t...nt s underpayment of benefits. Cf., King v. Lord Colony Enterprises, 400 So.2d 856 (Fla. 1st DCA
1981). Affirmed. SHIVERS and JOANOS, JJ., concur.
99-CITE: 659 So.2d 1248 UNITED WAY OF AMERICA and St. Paul Insurance Company, Appellants, v. Thomas
MERLO, Appellee.
TEXT: PER CURIAM. Appellants, the employer and carrier in this workers compensation matter,
challe...that he reasonably believed such was the case. The claim is barred by the statute of
limitations. REVERSED. BARFIELD, KAHN and DAVIS, JJ., concur.
100-CITE: 512 So.2d 297 HEALTH ENTERPRISES OF FLORIDA, Appellant Cross Appellee, v. James BARLOW,
Appellee Cross Appellant.
TEXT: UPCHURCH, Chief Judge. James Barlow was the plaintiff below in an action brought under the
F...s to the trial court for its determination. AFFIRMED in part; REVERSED and REMANDED in part.
COWART, J., and GREEN, O.L., Associate Judge, concur.
101-CITE: 711 So.2d 196 Alvin RACHELS and Diana Rachels, his wife, Appellants, v. ELEY INTERNATIONAL,
INC., d b a Saladmaster Showroom, a Florida corporation, Appellee.
TEXT: BLUE, Judge. Alvin and Diana Rachels appeal the trial court s final order granting summary
j...issue of fact that is inappropriate for summary judgment. Reversed and remanded for further
proceedings. CAMPBELL, A.C.J., and FULMER, J., concur.
102-CITE: 717 So.2d 175 J.S., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: GROSS, Judge. On February 3, 1997, appellant J.S. was arrested for stealing a bicycle and a
...Section 924.051, Florida Statutes (1997), was created by the Criminal Appeal Reform Act of 1996,
Chapter 96-248, Section 4, at 954, Laws of Florida.
103-CITE: 736 So.2d 1268 J.M.V., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The restitution order which included an amount for the victim s lost wages for
a...a. 4th DCA 1998). On remand, an order should be entered for $180.00, the value of the stolen
items. WARNER, C.J., STONE and STEVENSON, JJ., concur.
104-CITE: 675 So.2d 975 IRWIN YACHT & MARINE CORP., and Claims Center, Appellants, v. Moshe PIERNIK,
Appellee.
TEXT: KAHN, Judge. The Employer Carrier (E C) appeal from a workers compensation order limiting
th...han average weekly wage under Florida law which is generally calculated based on the thirteen
weeks proceeding the injury. Section 440.14, Fla.Stat.
105-CITE: 605 So.2d 965 HYATT HOTEL and Alexsis Risk Management, Appellants, v. Eduardo LALU, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from an award of compensation benefits. The
or...r 1, 1989. See Ch. 89-289, Section 45, Laws of Fla. Claimant was injured on January 25, 1990.
Therefore, the amendment applies to claimant s injury.
106-CITE: 657 So.2d 899 Dean J. BAER, Appellant, v. Deborah S. BAER, Appellee.
TEXT: WOLF, Judge. Appellant, Dean J. Baer, challenges an amended judgment of dissolution of
marri...ourt s interpretation that the VSI payments are not marital property subject to equitable
distribution. We affirm. WEBSTER and MICKLE, JJ., concur.
107-CITE: 667 So.2d 447 PUTNAM COUNTY SCHOOL BOARD and Gallagher Bassett Services, Appellants, v. Ruby
DEBOSE, Appellee.
TEXT: DAVIS, Judge. Putnam County School Board and Gallagher Bassett Services appeal an order of
t...rth in section 440.02(15)(b)2., Florida Statutes (1993). Accordingly, the order on appeal is
REVERSED. ALLEN, J., and SMITH, Senior Judge, concur.
108-CITE: 573 So.2d 1076 Wayne Jeffrey SCHULZ, John Drotar, and Marjorie Drotar, Appellants Cross
Appellees, v. Jean Baptiste REMY and Rose Philomene Charles, his wife, Appellees Cross Appellants.
TEXT: PER CURIAM. In this case, arising out of a motor vehicle accident, the jury found that the
p...(1989). DOWNEY, STONE and POLEN, JJ., concur. ------------ (FN1) This was error due to the
application of section 627.737, Florida Statutes (1989).
109-CITE: 529 So.2d 1240 Edward DAVIS, Appellant, v. Arc KYLE and CNA Insurance Group, Appellees.
TEXT: ERVIN, Judge. The claimant appeals the order of the deputy commissioner (dc), which held
tha...ise entitled to the benefits claimed. REVERSED and REMANDED for further proceedings
consistent with this opinion. JOANOS and NIMMONS, JJ., concur.
110-CITE: 635 So.2d 71 Mary GALLINGANE, Appellant, v. BISHOPS GLEN and Claims Center, Appellees.
TEXT: PER CURIAM. Gallingane (claimant) appeals a workers compensation order which ruled that
purs...edings in accordance with Vegas v. Globe Security, 627 So.2d 76 (Fla. 1st DCA 1993).
REVERSED AND REMANDED. MINER, WOLF and LAWRENCE, JJ., concur.
111-CITE: 525 So.2d 435 Robert Lee COLEMAN, Appellant, v. CITY OF HIALEAH, Appellee.
TEXT: HUBBART, Judge. This is an appeal by the plaintiff from a post-trial order denying his
appli...alary payments given for his services as a police officer. The order denying attorney s fees
under review is, therefore, in all respects, Affirmed.
112-CITE: 586 So.2d 463 HOAR CONSTRUCTION and Aetna Life & Casualty Co., Appellants, v. Forrest VARNEY,
Appellee, v. MODERN DRYWALL and Pennsylvania National Mutual Casualty Insurance Co., Appellees.
TEXT: WIGGINTON, Judge. We reverse the order of the judge of compensation claims wherein he found
...pport the JCC s conclusion on this point. REVERSED and REMANDED for further proceedings
consistent with this opinion. SMITH and KAHN, JJ., concur.
113-CITE: 603 So.2d 680 VALUE RENT A CAR, and Gulf Atlantic Claims Services, Appellants, v. Anthony
LICCARDO, Appellee.
TEXT: JOANOS, Chief Judge. The employer and carrier seek review of a workers compensation order
de...onstitute compliance with the statute. Accordingly, the order of the judge of compensation
claims is affirmed. SHIVERS and WIGGINTON, JJ., concur.
114-CITE: 545 So.2d 909 Sheila J. LARA, Appellant Cross-Appellee, v. FORTUNE INSURANCE COMPANY, Appellee
Cross-Appellant.
TEXT: RYDER, Judge. Sheila J. Lara objects to a trial court order which granted to her an
attorney...date. Appeal reversed and remanded for proceedings consistent with this opinion.
Cross-appeal affirmed. SCHEB, A.C.J., and SCHOONOVER, J., concur.
115-CITE: 737 So.2d 609 Stephanie L. ELLIOT, Appellant, v. Carl H. WINSLOW, Jr., P.A., Appellee.
TEXT: PER CURIAM. Stephanie L. Elliot appeals the dismisal with prejudice of her complaint
against... s order dismissing the complaint and remand for further proceedings. Reversed and
remanded. PARKER, A.C.J., and FULMER and SALCINES, JJ., Concur.
116-CITE: 465 So.2d 634 Dennis RIVERS, Appellant, v. SCA SERVICES OF FLORIDA, INC. and Hartford
Insurance Group, Appellees.
TEXT: MILLS, Judge. Rivers appeals from a workers compensation order determining average weekly
wa...e reversed and remanded for further hearing. Reversed and remanded for proceedings consistent
with this opinion. JOANOS and BARFIELD, JJ., concur.
117-CITE: 510 So.2d 642 John G. WADE, as Personal Representative of the Estate of Gregory A. Wade,
deceased, Appellant Cross-Appellee, v. ALAMO RENT-A-CAR, INC., and Janet L. White, Appellees
Cross-Appellants.
TEXT: HERSEY, Chief Judge. In this wrongful death action appellant prevailed in a jury trial and
w...as did the Fifth District Court of Appeal in Johnson v. Deangelo, 448 So.2d 581 (Fla. 5th DCA
1984). AFFIRMED. DOWNEY and GLICKSTEIN, JJ., concur.
118-CITE: 511 So.2d 363 Frank SHARP, III, et al., Appellants, v. Evelyn M. BOWLING, Appellee.
TEXT: COWART, Judge. This is an appeal from a final judgment on a claim for unjust enrichment.
Du...tructions to enter judgment for the employers appellants. REVERSED and REMANDED. ORFINGER,
J., concurs. UPCHURCH, C.J., dissents without opinion.
119-CITE: 627 So.2d 1344 Hope White PHILLIPS, Appellant, v. PAYROLL TRANSFERS and Riscorp, Appellees.
TEXT: PER CURIAM. Hope White Phillips appeals a workers compensation order which excludes
concurre...be Security, 627 So.2d 76 (Fla. 1st DCA 1993), and find it unnecessary to address the
constitutional issue. KAHN, MICKLE and LAWRENCE, JJ., concur.
120-CITE: 549 So.2d 1189 BARNES SURGICAL SPECIALTIES, INC. and F. Wayne Barnes, Appellants
Cross-Appellees, v. E. Randall BRADSHAW, Appellee Cross-Appellant.
TEXT: SCHEB, Acting Chief Judge. This appeal and cross-appeal concern the business relationship
be...ent which represents commissions calculated at the statutory rate from the dates the
commissions became due. SCHOONOVER and PATTERSON, JJ., concur.
121-CITE: 489 So.2d 1155 TELESPHERE INTERNATIONAL, INC., Appellant, v. Douglas SCOLLIN, Appellee.
TEXT: PER CURIAM. This appeal is from an order awarding attorney s fees under section 448.08,
Flor...ss the claim in Telesphere International, Inc. v. Scollin, 489 So.2d 1152 (Fla. 3d DCA 1986),
the instant order falls with it and is hereby vacated.
122-CITE: 620 So.2d 1088 MORAN TOWING OF FLORIDA, INC., Appellant, v. Harold E. MAYS, Sr., Appellee.
TEXT: KAHN, Judge. Appellee Moran Towing of Florida, Inc., operates a number of tugboats,
generall...ause REMANDED so that the trial court may modify the Jones Act judgment pursuant to the
reservation of jurisdiction. WOLF and WEBSTER, JJ., concur.
123-CITE: 652 So.2d 469 Robert G. SAGAR, Appellant Cross-Appellee, v. UNIVERSITY OF FLORIDA and Division
of Risk Management, Appellees Cross-Appellants.
TEXT: PER CURIAM. This cause is before us on appeal (FN1) from the judge of compensation claims
(J...th instructions that the JCC include the value of Sagar s sick leave in his average weekly wage
calculation. BOOTH, MICKLE and BENTON, JJ., concur.
124-CITE: 751 So.2d 772 CITY OF ST. PETERSBURG, Appellant, v. Carlos NASWORTHY, Appellee.
TEXT: WEBSTER, J. In this workers compensation case, the self-insured employer seeks review of an
...se the impairment benefit she calculated, $416.68 a week, is less than the statutory cap imposed
upon appellee s temporary total disability benefit.
125-CITE: 579 So.2d 773 James McCLOUD and Sharon McCloud, his wife, Appellants, v. SHERMAN MOBILE
CONCRETE CO., INC., a corporation, Appellee.
TEXT: SCHOONOVER, Chief Judge. The appellants, James McCloud and Sharon McCloud, challenge the
den...ppellee in its answer brief states that as a result of this fall on August 10, 1987, Mr.
McCloud was examined and treated by a number of physicians.
126-CITE: 583 So.2d 1092 Debra EMANUEL, Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, et
al., Appellees.
TEXT: PER CURIAM. Appellant, Debra Emanuel (Emanuel), appeals a final summary judgment entered in
...st wages and medical expenses, and affirm the portion of the judgment that relates to the
settlement agreement. Reversed in part, affirmed in part.
127-CITE: 431 So.2d 739 Ramon VAZQUEZ, Appellant, v. GFC BUILDERS CORPORATION and Unemployment Appeals
Commission, Appellees.
TEXT: WALDEN, Judge. Ramon Vazquez was denied unemployment benefits by the Unemployment Appeals
Co...ct. We reverse and remand with instructions to grant unemployment benefits to appellant.
Reversed and remanded. GLICKSTEIN and DELL, JJ., concur.
128-CITE: 541 So.2d 1236 SUNSHINE ACE HARDWARE and Crum & Forester Commercial Insurance, Appellants, v.
Donald E. GRAY, Appellee.
TEXT: MINER, Judge. In this workers compensation appeal, the employer carrier (e c) assert that
th.... Having so concluded, the dc s order is reversed and the case remanded for further proceedings
consistent herewith. BOOTH and JOANOS, JJ., concur.
129-CITE: 626 So.2d 342 Emmet ROZIER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the restitution ordered for expenses to cover the cost of the victim
s... s fee. E.g., Turkaly v. State, 615 So.2d 222 (Fla. 5th DCA 1993). AFFIRMED in part; REVERSED
in part. GOSHORN, PETERSON and GRIFFIN, JJ., concur.
130-CITE: 501 So.2d 63 DIMIRRA DEVELOPMENT, INC., and Cigna Companies, Appellants, v. David E. MILLS,
Appellee.
TEXT: THOMPSON, Judge. This is an appeal from an order directing the employer and carrier (E C)
to...ng rehabilitation services to be performed by Statewide and directing that they be paid for by
the E C is REVERSED. ERVIN and SHIVERS, JJ., concur.
131-CITE: 561 So.2d 1346 CONSOLIDATED FREIGHTWAYS, Appellant, v. Benjamin MOORE, Appellee.
TEXT: WIGGINTON, Judge. Consolidated Freightways appeals the order of the judge of compensation
cl.... The cause is REMANDED for correction of the average *1348 weekly wage in a manner consistent
with this opinion. SMITH and WENTWORTH, JJ., concur.
132-CITE: 715 So.2d 1007 Frank LEONARDI, Appellant, v. CITY OF HOLLYWOOD, Florida, a municipal
corporation, Appellee.
TEXT: POLEN, Judge. Frank Leonardi, who sued the City of Hollywood ( City ) for terminating his
pr...court erred. AFFIRMED in part; REVERSED in part and REMANDED to the trial court to enter
judgment in favor of City. DELL and GUNTHER, JJ., concur.
133-CITE: 603 So.2d 1346 CITY OF MIAMI, Appellants Cross-Appellees, v. Ulysses FERNANDEZ, Appellee
Cross-Appellant.
TEXT: WIGGINTON, Judge. The City of Miami brings this appeal from an order of the Judge of
Compens... employee under section 440.14(1)(b). AFFIRMED in part, REVERSED in part, and REMANDED
for further proceedings. SHIVERS and BARFIELD, JJ., concur.
134-CITE: 642 So.2d 765 Fernando G. DIAZ, Appellant, v. SANTAFE HEALTHCARE, INC., Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a final order awarding attorney fees
unde...om is reversed in part, affirmed in part, and this cause is remanded for proceedings
consistent herewith. BOOTH, MICKLE, AND LAWRENCE, JJ., concur.
135-CITE: 541 So.2d 160 ALLSTATE INSURANCE COMPANY, Appellant, v. Jean Yvonne GRAHAM, Appellee.
TEXT: PARKER, Judge. Allstate Insurance Company (Allstate) appeals a final summary judgment
entere... matter to the trial court to enter a judgment in favor of Allstate. Reversed and remanded
with directions. DANAHY, A.C.J., and FRANK, J., concur.
136-CITE: 622 So.2d 515 Benny L. WALDORF, Appellant, v. JEFFERSON COUNTY SCHOOL BOARD and Gallagher
Bassett Services, Appellees.
TEXT: WEBSTER, Judge. The sole issue raised in this workers compensation case is whether the
judge...ged in part-time, temporary employment in situations wherein he or she receives sums in
excess of the weekly, minimum amount, as in the case at bar.
137-CITE: 492 So.2d 454 INTERNATIONAL HOUSE OF PANCAKES and American Mutual Insurance Company,
Appellants, v. Lesli ELLIS, Appellee.
TEXT: WIGGINTON, Judge. Appellants, employer carrier, appeal the deputy commissioner s order
award...upport appellee s claim, we reverse and remand for further proceedings consistent with the
holdings in this opinion. SMITH and JOANOS, JJ., concur.
138-CITE: 500 So.2d 305 Ronald C. STEVENS, Charles D. Carter and Stephen Vinson, Appellants, v. CITY OF
MIAMI and Robert D. Krause, Appellees.
TEXT: PER CURIAM. The appellants, police officers for the City of Miami, took certain exams in
197...0 (Fla. 2d DCA 1961). Therefore, for the reasons above stated, a final summary judgment under
review be and the same is hereby affirmed. Affirmed.
139-CITE: 571 So.2d 524 Willie CHRISTIAN, Appellant, v. CAROLINA FREIGHT CARRIER CORPORATION, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from a denial of wage-loss benefits.
Claima...1986). Accordingly, the trial court s order is reversed and remanded for further
proceedings consistent herewith. NIMMONS and ZEHMER, JJ., concur.
140-CITE: 741 So.2d 1163 GULFVIEW ANIMAL HOSPITAL, Appellant, v. Patricia A. ZEMKE and Florida
Unemployment Appeals Commission, Appellees.
TEXT: PER CURIAM. Gulfview Animal Hospital (Gulfview) appeals an order from the Unemployment
Appea... to consider the central issue on appeal). Reversed and remanded for further proceedings.
THREADGILL, A.C.J., and GREEN and STRINGER, JJ., Concur.
141-CITE: 460 So.2d 998 INDUSTRIAL FIBERGLASS MANUFACTURERS & EMPLOYERS CASUALTY COMPANY, Appellants, v.
James A. DAVIS, Appellee.
TEXT: WENTWORTH, Judge. The employer and carrier seek review of the deputy commissioner s
determin...he method originally adopted by the E C which was to average the 1982 calendar year
subtracting the four weeks during which the plant was shut down.
142-CITE: 504 So.2d 505 PALM BEACH COUNTY SCHOOL BOARD Appellant, v. STATE of Florida, UNEMPLOYMENT
APPEALS COMMISSION and Alice P. Jones, Appellees.
TEXT: STONE, Judge. The School Board appeals an order of the Unemployment Appeals Commission
decla...The decision of the unemployment appeals commission is reversed. We remand with directions
that the claim be denied. LETTS and WALDEN, JJ., concur.
143-CITE: 626 So.2d 1076 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation,
Appellant, v. Miriam EGAN and Joseph P. Egan, her husband, Appellees.
TEXT: PER CURIAM. State Farm Mutual Automobile Insurance Company [State Farm] appeals from a
final...satory time. We reverse the damage award and remand for recalculation of the claim for wage
loss. Affirmed in part, reversed in part, and remanded.
144-CITE: 566 So.2d 844 Joseph VETRICK, Former Husband, and Raymond and Dillon, P.C., Garnishee,
Appellants, v. Susan Lee HOLLANDER, and James P. O Flarity, Appellees.
TEXT: GARRETT, Judge. Appellants seek review of the final judgment (FN1) entered after the
hearing...se the final judgment and remand for further proceedings consistent with this opinion.
DOWNEY, J., and McNULTY, JOSEPH P., Associate Judge, concur.
145-CITE: 613 So.2d 521 SCHOOL BOARD OF MARTIN COUNTY, Appellant, v. MARTIN COUNTY EDUCATION,
ASSOCIATION, Appellee.
TEXT: PER CURIAM. This is an administrative appeal of an order holding that the School Board of
Ma...ecision of the Commission and remand for further proceedings consistent herewith. ANSTEAD and
DELL JJ., and WALDEN, JAMES H., Senior Judge, concur.
146-CITE: 757 So.2d 1285 STATE of Florida, Appellant, v. Kenneth Raymond WAGES, Appellee.
TEXT: PER CURIAM. We reverse the trial court s order denying the state s motion to modify its
prio...punction. See Section 943.0585(2)(h), Fla.Stat. (1999). REVERSED AND REMANDED. POLEN and
GROSS, JJ., concur. STONE, J., dissents without opinion.
147-CITE: 548 So.2d 815 PERINI CORPORATION and Aetna Casualty & Surety Company, Appellants, v. Frank
LICATA, Appellee.
TEXT: WENTWORTH, Judge. Employer carrier seek review of a workers compensation order by which
disa...n into account in awarding wage loss. Reversed and remanded for further proceedings
consistent with this opinion. NIMMONS and ZEHMER, JJ., concur.
148-CITE: 692 So.2d 993 Vittorio GUSMANO, Appellant, v. J & A ASSOCIATES and Employer Self Insurers
Fund, Appellees.
TEXT: BENTON, Judge. Vittorio Gusmano, who was working more than forty hours per week at the time
... below that the judge of compensation claims should calculate his average weekly wage by
averaging his wages for the five weeks he worked full time.
149-CITE: 473 So.2d 763 Robert MARTIN, Appellant, v. Fred HOOVER and Broward Plating, Inc., a Florida
corporation, Appellees.
TEXT: DELL, Judge. This appeal arises out of a final summary judgment in an action seeking
dissolu...ee is reversed and this case is remanded to the trial court for further proceedings.
REVERSED and REMANDED. HERSEY, C.J., and ANSTEAD, J., concur.
150-CITE: 433 So.2d 1298 POLK COUNTY BOARD OF COUNTY COMMISSIONERS and Commercial Risk Management, Inc.,
Appellants, v. Donald PATTERSON, Appellee.
TEXT: ROBERT P. SMITH, Jr., Chief Judge. In this workers compensation appeal the employer and
serv...A 1982); Acosta Roofing Co. v. Gillyard, 402 So.2d 1321 (Fla. 1st DCA 1981). There is no
other error. AFFIRMED. WENTWORTH and ZEHMER, JJ., concur.
151-CITE: 512 So.2d 305 MDM MARBLE COMPANY and CNA Insurance Company, Appellants, v. Janett C. JACKSON,
Appellee.
TEXT: PER CURIAM. MDM Marble Company and CNA Insurance Company (E C) appeal from an order of the
d...ts is therefore compelled. Reversed and remanded for further proceedings consistent with this
opinion. MILLS, WENTWORTH and BARFIELD, JJ., concur.
152-CITE: 437 So.2d 173 Charles G. OLSON, Appellant, v. SOUTHERN STYLE CORPORATION, A Florida
corporation, Appellee.
TEXT: LEHAN, Judge. Charles G. Olson sued Southern Style Corporation to recover unpaid wages that
...e trial court had no basis for its determination. Shaw v. Shaw, 334 So.2d 13, 16 (Fla.1976).
AFFIRMED. BOARDMAN, A.C.J., and CAMPBELL, J., concur.
153-CITE: 595 So.2d 254 RUDD SOD COMPANY and Executive Risk Consultants, Inc., Appellants, v. Alfred D.
REEVES, Appellee.
TEXT: PER CURIAM. Rudd Sod Company and Executive Risk Consultants, Inc. (E C) raise several
issues..., therefore, reversed and remanded for a recalculation of the AWW. In all other respects,
the order is affirmed. BOOTH, WOLF and KAHN, JJ., concur.
154-CITE: 567 So.2d 468 Karen Barger HEATH and Robert Heath, Appellants, v. Wendy Walters BESHOURI,
Appellee.
TEXT: LETTS, Judge. In this personal injury trial in which liability was conceded, the general
ver... and remand this cause for a new trial on the issue of damages only. REVERSED AND REMANDED.
DOWNEY and FRANK, RICHARD H., Associate Judge, concur.
155-CITE: 484 So.2d 64 Donald NORRIS, Appellant, v. ED TAYLOR CORPORATION and United States Fidelity &
Guaranty Company, Appellees.
TEXT: McCORD, GUYTE P., Jr. (Ret.), Associate Judge. In this workers compensation appeal, Norris
c...tions to award Norris rehabilitation and temporary total disability benefits during the period
of rehabilitation. ERVIN and WIGGINTON, JJ., concur.
156-CITE: 725 So.2d 1151 Douglas RODANTE, Appellant, v. FIDELITY NATIONAL INSURANCE COMPANY, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, Douglas Rodante (Rodante), challenges the trial
cou... faith for the insurer s failure to pay PIP claims that the insured might claim. Affirmed.
QUINCE, J., and SCHEB, JOHN M., (Senior) Judge, concur.
157-CITE: 573 So.2d 189 Jean A. PIERRE-LOUIS, Appellant, v. Margaret ALFRED, Appellee.
TEXT: PER CURIAM. Affirmed. See Helman v. Seaboard Coast Line R.R. Co., 349 So.2d 1187
(Fla.1977);...akita v. Rose, 547 So.2d 154 (Fla. 3d DCA 1989), rev. denied, 588 So.2d 19 (Fla.1990).
------------ (FN1) Unpaid medical expenses totalled $1800.00.
158-CITE: 677 So.2d 942 UNIVERSITY OF FLORIDA and Division of Risk Management, Appellants, v. Calvin
BOWENS, Appellee.
TEXT: DAVIS, Judge. The University of Florida and Division of Risk Management (employer and
servic...--or similar advantage received from the employer.--- Ch. 87-330, Section 1, at 2135, Laws
of Fla. (Deletions struck through; additions underlined.)
159-CITE: 492 So.2d 700 GOOD HOUSEKEEPING GAS COMPANY and Crawford & Company, Appellants, v. Freddie D.
KITLER, Appellee.
TEXT: WIGGINTON, Judge. The employer carrier (E C) appeal the deputy commissioner s order in
which...rming on this point, we need not reach the E C s second point challenging the deputy s
reservation of jurisdiction on the claim for attorney s fees.
160-CITE: 520 So.2d 615 TENNECO, INC. and Traveler s Insurance Company, Appellants, v. Michael MONTANA,
Appellee.
TEXT: NIMMONS, Judge. In this appeal by the employer carrier we find only one issue which merits
d...ation. We have examined the remaining points urged by appellants and find them to be without
merit. AFFIRMED. SHIVERS and WENTWORTH, JJ., concur.
161-CITE: 661 So.2d 1227 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. James LYNCH,
Appellee.
TEXT: GODERICH, Judge. The defendant, State Farm Mutual Automobile Insurance Company [State
Farm],...mpliance with section 90.609, Florida Statutes (1989). We affirm in part, reverse in part,
and remand for a new trial consistent with this opinion.
162-CITE: 692 So.2d 941 Mary H. ENRIQUEZ, Appellant, v. Nicole A. CLARK, Appellee.
TEXT: GRIFFIN, Judge. This appeal raises questions concerning the amounts which should be set off
... set off the amount of Clark s PIP deductible, Section 627.739(1). AFFIRMED in part; REVERSED in
part, and remanded. COBB and ANTOON, JJ., concur.
163-CITE: 590 So.2d 1112 Simon SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. Simon Smith appeals from his conviction and sentence for
robbery....ntence, but reverse and set aside the order of restitution and remand for proceedings in
accordance with this opinion. FRANK and HALL, JJ., concur.
164-CITE: 714 So.2d 436 WAL-MART STORES and Claims Management, Inc., Petitioners, v. George CAMPBELL,
Respondent.
TEXT: WELLS, Justice. We have for review Wal-Mart Stores v. Campbell, 694 So.2d 136 (Fla. 1st DCA
... to work full-time for Wal-Mart and part-time for Krystal, at the wages indicated). Wal-Mart,
694 So.2d at 142. KOGAN, C.J., and SHAW, J., concur.
165-CITE: 618 So.2d 771 Janice STEWART, Appellant, v. ALLSTATE INSURANCE COMPANY, etc., Appellee.
TEXT: W. SHARP, Judge. Stewart appeals from a final summary judgment which denied her personal
inj...ncurred by the employee in presenting himself at the place where the treatment was provided.
Mobley v. Jack & Son Plumbing, 170 So.2d 41 (Fla.1964).
166-CITE: 632 So.2d 172 Eugenia CARRAZANA, Appellant Cross-Appellee, v. The POINTE OF HIALEAH and
Hartford Insurance Company, Appellees Cross-Appellees, and Mixel Corporation and Continental Loss
Adjusting Services, Appellees Cross-Appellants.
TEXT: PER CURIAM. This cause is before us on appeal and cross appeal from a compensation order
det...from is affirmed in part and reversed in part, and this cause is remanded for proceedings
consistent herewith. BOOTH, SMITH and MINER, JJ., concur.
167-CITE: 632 So.2d 164 PONY EXPRESS COURIER and CNA Insurance, Appellants, v. Jimmy BLAIR, Appellee.
TEXT: WEBSTER, Judge. In this workers compensation case, the employer and carrier raise two
issues...ate based upon an average weekly wage of $220.00. AFFIRMED IN PART; REVERSED IN PART; and
REMANDED, with directions. JOANOS and KAHN, JJ., concur.
168-CITE: 560 So.2d 808 Josephine CALLOWAY, Appellant, v. DANIA JAI ALAI PALACE, INC., f n a Dania Jai
Alai Fronton, Appellee.
TEXT: SUBSTITUTED OPINION ON MOTION FOR REHEARING FRANK, RICHARD H., Associate Judge. Josephine
C...ility of each of the excluded accidents in the light of this court s decision in Fazio v. Dania
Jai-Alai Palace, 473 So.2d 1345 (Fla. 4th DCA 1985).
169-CITE: 659 So.2d 333 Jeff MEHRER, Appellant, v. CREATIVE HAIRDRESSERS, INC. and CIGNA, Appellees.
TEXT: KAHN, Judge. Appellant, Jeffrey Mehrer, sought workers compensation benefits for a back
inju...ee to an amount, the fee will be set by the JCC. AFFIRMED in part, REVERSED in part, and
REMANDED. DAVIS, J., and WENTWORTH, Senior Judge, concur.
170-CITE: 492 So.2d 1140 The SCHOOL BOARD OF LEVY COUNTY, Florida, Appellant, v. The LEVY COUNTY
EDUCATION ASSOCIATION and Public Employees Relations Commission, Appellees.
TEXT: WENTWORTH, Judge. The School Board of Levy County appeals a Public Employees Relations
Commi... re School Board of Collier County, 10 FPER sec. 15169 (1984); Fla.Admin.Code Rule
38D-17.24. . . . Affirmed. BOOTH, C.J. and SMITH, JJ., concur.
171-CITE: 513 So.2d 723 Jack SIMMONS, Appellant, v. DEPARTMENT OF NATURAL RESOURCES, STATE OF FLORIDA,
Appellee.
TEXT: NIMMONS, Judge. Appellant appeals from a final order of the Department of Administration
ado...935. We have examined the remaining points urged by the appellant and find them to be without
merit. AFFIRMED. SHIVERS and THOMPSON, JJ., concur.
172-CITE: 513 So.2d 193 SAM BLOOM PLUMBING COMPANY and Southern Fire Adjusters, Appellants, v. Gerald
BOYKIN, Appellee.
TEXT: ERVIN, Judge. The employer carrier (e c) appeals the deputy commissioner s (dc) award of
tem...atutes. REVERSED in part, AFFIRMED in part, and REMANDED for further proceedings consistent
with this opinion. SMITH, C.J., and MILLS, J., concur.
173-CITE: 567 So.2d 908 Benedetto PLAZZA, Appellant, v. PATIO CONCRETE, INC., a Florida corporation, and
Chuck Leo Brooks, Appellees.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, plaintiff below, challenges the trial court s
final...r reinstatement of the jury s verdict and the issuance of a final judgment for appellant.
Reversed and remanded. FRANK and PATTERSON, JJ., concur.
174-CITE: 500 So.2d 614 John W. HANKS, Appellant, v. TOM BRANTLEY S TIRE BROKER and Orion Group,
Appellees.
TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order denying
incl...ulation. Accordingly, we reverse and remand for proceedings not inconsistent with this
opinion. BOOTH, C.J., and MILLS and WENTWORTH, JJ., concur.
175-CITE: 536 So.2d 317 MGH ENTERPRISES, INC., Appellant, v. Addie NUNNALLY, Appellee.
TEXT: BARKDULL, Judge. In 1982 the appellee filed a personal injury action seeking damages as a
re... for the reasons above stated, the matter is returned to the trial court for a new trial on
damages. Reversed and remanded for further proceedings.
176-CITE: 447 So.2d 363 GULF SOLAR, INC. and James Bax, Appellants Cross Appellees, v. Norman WESTFALL,
Appellee Cross Appellant.
TEXT: RYDER, Acting Chief Judge. Gulf Solar, Inc. and James Bax appeal from a final judgment,
foll...Westfall. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings
consistent with this opinion. DANAHY and CAMPBELL, JJ., concur.
177-CITE: 555 So.2d 946 ALBERTSON S INC., and Risk Administrators, Appellants, v. David NATALE,
Appellee.
TEXT: NIMMONS, Judge. The employer carried in this workers compensation case challenges the judge
...argument that the evidence is insufficient to establish a causal connection between the
compensable injury and appellee s subsequent loss of income.
178-CITE: 718 So.2d 274 NATIONAL PORTLAND CEMENT COMPANY, a Florida Corporation, Appellant
Cross-Appellee, v. Federico A. GOUDIE, Appellee Cross-Appellant.
TEXT: PATTERSON, Acting Chief Judge. In this litigation for wrongful termination between National
...rmination of the amount of the fee and affirm in all other respects, Affirmed in part and
reversed in part. ALTENBERND and CASANUEVA, JJ., concur.
179-CITE: 463 So.2d 585 SHOP & GO, INC., Appellant Cross Appellee, v. Mary Frances DUNIGAN, Appellee
Cross Appellant.
TEXT: JOANOS, Judge. Shop & Go, Inc., appellant, appeals from a workers compensation order in
whic... Florida Statutes. Accordingly, the award of TPD benefits is reversed and the remainder of
the order is affirmed. MILLS and BARFIELD, JJ., concur.
180-CITE: 529 So.2d 1172 QUALITY PAINTING, INC., and Hill, Richards & Companies, Inc., Appellants, v.
Margie HARRISON, Appellee.
TEXT: WENTWORTH, Judge. Employer servicing agent appeal, and claimant cross-appeals, a workers
com...future earnings in the average weekly wage determination. The order is otherwise affirmed and
the cause remanded. ZEHMER and BARFIELD, JJ., concur.
181-CITE: 472 So.2d 795 Earl CARPENTER, Appellant, v. METROPOLITAN DADE COUNTY, Appellee.
TEXT: PER CURIAM. Earl Carpenter appeals a summary judgment entered in favor of Metropolitan Dade
.... The trial court properly granted attorney s fees to the County, the prevailing party in this
action. Section 448.08, Fla.Stat. (1979). AFFIRMED.
182-CITE: 659 So.2d 356 EAST PASCO MEDICAL CENTER and Sedgwick James of Florida, Inc., Appellants, v.
Helen JONES, Appellee.
TEXT: KAHN, Judge. In this workers compensation case, the employer and carrier appeal the
determin...omport with parts 1 and 2 of the statutory test because during closing statements at the
hearing below, claimant made no issue of those two factors.
183-CITE: 582 So.2d 1182 UNIVERSITY OF MIAMI MEDICAL SCHOOL and Aetna Casualty & Surety Company,
Appellants, v. Lin SINGLETON, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order awarding
tem...and the cause remanded with directions to exclude claimant s scholarship from the AWW
calculation. SHIVERS, C.J., and BOOTH and ALLEN, JJ., concur.
184-CITE: 652 So.2d 985 Michael DUNN, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, JACQUELINE R., Associate Judge. We find no error save in the sentencing and
restitu... This needs to be remedied on remand. Judgment affirmed; sentence and restitution order
vacated and remanded. GLICKSTEIN and SHAHOOD, JJ., concur.
185-CITE: 464 So.2d 632 Carolyn J. LEOPARD, Appellant, v. Henry E. LEOPARD, Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. The wife appeals from a final judgment of dissolution of
marr...97 So.2d 777 (Fla.1981). Upon remand the court should award at least $50.00 more per week.
REVERSED and REMANDED. ORFINGER and SHARP, JJ., concur.
186-CITE: 666 So.2d 977 Judith T. LOWRY, Appellant, v. BOB EVANS FARMS, INC. and Continental Loss
Adjusting Services, Appellees.
TEXT: ZEHMER, Chief Judge. The Judge of Compensation Claims s final order denying Judith Lowry s
c...training. Because Lowry did not specifically challenge that finding on appeal, she has waived
any issue as to its evidentiary support in the record.
187-CITE: 727 So.2d 320 Rolando RECIO, Appellant, v. KENT SECURITY SERVICES, INC. and Florida
Unemployment Appeals Commission, Appellees.
TEXT: PER CURIAM. Appellant, Rolando Recio (claimant), appeals from an order of Appellee, Florida
.... The order of the UAC disqualifying claimant from receiving benefits is reversed and remanded
for further proceedings consistent with this opinion.
188-CITE: 613 So.2d 1373 Richard PISHOTTA, Appellant, v. PISHOTTA TILE & MARBLE, INC. and Executive Risk
Consultants, Inc., Appellees.
TEXT: WIGGINTON, Judge. Claimant brings this appeal from the order of the judge of compensation
cl...ce on this point if necessary. REVERSED, in part, and REMANDED for further proceedings
consistent with this opinion. KAHN and MICKLE, JJ., concur.
189-CITE: 610 So.2d 528 Barbara NEWALK, Appellant, v. FLORIDA SUPERMARKETS, INC., Appellee.
TEXT: NESBITT, Judge. Barbara Newalk was purchasing groceries at a Florida Supermarkets, Inc.,
Pan...w trial on liability and damages). Accordingly, the order under review is reversed and the
case remanded for retrial on both liability and damages.
190-CITE: 700 So.2d 377 STANDARD JURY INSTRUCTIONS--CIVIL CASES 6.13--COLLATERAL SOURCE RULE.
TEXT: PER CURIAM. The Florida Supreme Court Committee on Standard Jury Instructions in Civil
Cases...93,___ reduction for collateral source payments should be made by the court, not the jury,
pursuant to Section 768.76, F.S. (1986 Supp.), and 6.13a.
191-CITE: 452 So.2d 1022 FINANCIAL & INVESTMENT PLANNING, INC., Appellant, v. Lionel LIEBERMAN,
Appellee. Henry GHERMAN, Appellant, v. Lionel LIEBERMAN, Appellee.
TEXT: PER CURIAM. These consolidated appeals are from an order garnishing Gherman s salary. In
Cas...by competent and substantial evidence, the order that the corporation pay $9,000 to satisfy
Lieberman s judgment against Gherman should be affirmed.
192-CITE: 512 So.2d 269 GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant, v. Lazara E. GONZALEZ,
Appellee.
TEXT: SCHWARTZ, Chief Judge. Gonzalez was covered by $10,000 in personal injury protection
benefit...uivalent to payment was placed in the United States mail in a properly addressed,
postpaid envelope or, if not so posted, on the date of delivery.
193-CITE: 629 So.2d 1083 Andrzej NOWAK, Appellant, v. YMCA SOUTH COUNTY, and Feisco, Appellee.
TEXT: ERVIN, Judge. Appellant, Andrzej Nowak, appeals from a workers compensation order
dismissing...(FN1) SMITH and BARFIELD, JJ., concur. ------------ (FN1) As a result of our
disposition, we do not reach the remaining issues raised by appellant.
194-CITE: 520 So.2d 73 Lourdes VEGA and Cecilio Vega, Appellants, v. TRAVELERS INDEMNITY COMPANY, a
foreign corporation, Appellee.
TEXT: JORGENSON, Judge. Lourdes and Cecilio Vega brought an action to recover medical expenses,
lo...proved, 467 So.2d 281 (Fla.1985); Comment, The Other Insurance Crisis: Bad Faith Refusal to Pay
First-Party Benefits, 15 Fla.St.U.L.Rev. 521 (1987).
195-CITE: 646 So.2d 790 Jaqueline BRIDGES, Appellant, v. MOTOROLA, INC. and Sedgwick James of Florida,
Appellees.
TEXT: PER CURIAM. Jacqueline Bridges (claimant) appeals an order of the Judge of Compensation
Clai.... Accordingly, we REVERSE the appealed order and REMAND for proceedings consistent herewith.
ZEHMER, C.J., and KAHN and VAN NORTWICK, JJ., concur.
196-CITE: 657 So.2d 1280 David Anthony BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The special condition of probation that requires the appellant to pay $36 to
Fir...to restitution. L.S. v. State, 593 So.2d 296 (Fla. 5th DCA 1992). REVERSED IN PART; REMANDED.
PETERSON, C.J., and DAUKSCH and HARRIS, JJ., concur.
197-CITE: 531 So.2d 224 Pedro ALVARADO, Appellant, v. KENT EWING ENTERPRISES and United States Fidelity
& Guaranty, Appellees.
TEXT: WENTWORTH, Judge. Appellant seeks review of a May 21, 1987 workers compensation order by
whi...nus and interest-free loan benefits, as well as free beer, was insufficient to compel their
inclusion. Affirmed. ZEHMER and BARFIELD, JJ., concur.
198-CITE: 604 So.2d 579 THE GREEN MOUNTAIN CORPORATION, INC. and Edward J. Hamilton, Appellants, v.
Kelly B. FRINK, Appellee
TEXT: PER CURIAM. Appellants, Green Mountain Corporation, Inc. and Edward J. Hamilton, appeal a
fi...erse the award of damages for fraud. AFFIRMED IN PART AND REVERSED IN PART. DELL and GUNTHER,
JJ., and ALDERMAN, JAMES E., Senior Justice, concur.
199-CITE: 505 So.2d 1096 CITY OF NEW PORT RICHEY, Appellant, v. HILLSBOROUGH COUNTY POLICE BENEVOLENT
ASSOCIATION, INC., Appellee.
TEXT: CAMPBELL, Acting Chief Judge. The issue on appeal is whether appellant, City of New Port
Ric...e, reverse PERC s order. Because of our determination of these issues, we need not address the
other two issues. SCHOONOVER and FRANK, JJ., concur.
200-CITE: 495 So.2d 826 ADART SOUTH POLYBAG MFG., INC. and Sentry Insurance Company, Appellants, v.
Gerard GOLDBERG, Appellee.
TEXT: ERVIN, Judge. Adart appeals from an order of the deputy finding claimant s average weekly
wa...s finding. Although I disagree with the deputy, I will not attempt to substitute my judgment
for his as that it not this court s function on appeal.
201-CITE: 556 So.2d 491 COOPER S INC. and the Hartford, Appellants, v. Clarence W. TAYLOR, Appellee.
TEXT: WIGGINTON, Judge. In this workers compensation appeal, appellants question the judge of
comp...y and totally disabled as a result of the second industrial accident at the rate of $819.88
per month. AFFIRMED. ERVIN and WENTWORTH, JJ., concur.
202-CITE: 514 So.2d 386 CITY OF BOCA RATON, Florida, Appellant, v. Marine Safety Lieutenant Bruce P.
MACVEAN, Appellee.
TEXT: DELL, Judge. This appeal concerns an order that followed two arbitration proceedings
arising...urt s order directing reinstatement and ordering reimbursement for lost wages and benefits
is reversed. REVERSED. DOWNEY and ANSTEAD, JJ., concur.
203-CITE: 455 So.2d 1088 Dell SMITH, Appellant, v. SUNLAND TRAINING CENTER and Division of Risk
Management, Appellees.
TEXT: JOANOS, Judge. Having considered the appellant claimant s motion for clarification or
rehear... issue to appeal, appellant has waived the opportunity for review of that part of the
deputy s order. AFFIRMED. SHIVERS and THOMPSON, JJ., concur.
204-CITE: 657 So.2d 1266 James JACKSON, Appellant, v. HOCHADEL ROOFING COMPANY and Claims Center,
Appellees.
TEXT: DAVIS, Judge. James Jackson has appealed the calculation of his average weekly wage. His
inj..., in favor of five weeks of continuous but still not full weeks preceding injury. (FN7) Id. at
1270. *1271 for disposition of the claim accordingly.
205-CITE: 604 So.2d 41 Frank A. FAUST, Jr., Appellant, v. SOUTHEASTERN CONTRACTING and FEISCO,
Appellees.
TEXT: PER CURIAM. In this workers compensation case, the claimant challenges an order of the
Judge...al of temporary benefits. From my reading of the order, the judge found that the industrial
accident was not the cause of the claimant s lost wages.
206-CITE: 603 So.2d 1338 Douglas W. ABRUZZO, Appellant, v. Arthur G. HALLER and Arthur G. HALLER, P.A.,
Appellees.
TEXT: SHIVERS, Judge. This appeal is from a final order dismissing an amended, three count
complai...med. We remand for further proceedings consistent herewith. AFFIRMED in part, REVERSED in
part, and REMANDED. WIGGINTON and BARFIELD, JJ., concur.
207-CITE: 557 So.2d 219 THE OAKS and Cigna Property & Casualty, Appellants, v. Cathy Hudson PAULK,
Appellee.
TEXT: WIGGINTON, Judge. In this workers compensation appeal the judge of compensation claims
found...appropriate offset of such benefits. AFFIRMED, in part, REVERSED, in part, and REMANDED for
further proceedings. ERVIN and WENTWORTH, JJ., concur.
208-CITE: 498 So.2d 671 Collie ANDERSON, Appellant Cross-Appellee, v. W.R. GRACE & COMPANY and CNA
Insurance Companies, Appellees Cross-Appellants.
TEXT: PER CURIAM. This cause is before us on appeal and cross appeal of a workers compensation
ord...ccordingly, we remand for a hearing to determine claimant s diminution of wage-earning
capacity. BOOTH, C.J., and MILLS and WENTWORTH, JJ., concur.
209-CITE: 472 So.2d 1269 The UNITED TEACHERS OF DADE FEA UNITED, AFT, LOCAL 1974, AFL-CIO, et al.,
Appellants, v. DADE COUNTY SCHOOL BOARD; Superintendent Leonard Britton; and the State Board of
Education of the State of Florida, Appellees.
TEXT: PER CURIAM. This appeal seeks review of the judgment of the trial court holding that
section... (SUPP.1984)) AN ABRIDGMENT OF THE CONSTITUTIONAL GUARANTEED RIGHT TO COLLECTIVE
BARGAINING? BOOTH, C.J., and WIGGINTON and BARFIELD, JJ., concur.
210-CITE: 493 So.2d 1063 HYATT HOTEL and Scott Wetzel Services, Appellants, v. Janice PETERSON,
Appellee.
TEXT: JOANOS, Judge. The employer and carrier (E C) appeal the deputy commissioner s assessment
of...1065 average weekly wage without the value of the hotel rooms benefit. Affirmed in part,
reversed and remanded. SMITH, and WIGGINTON, JJ., concur.
211-CITE: 527 So.2d 936 CITY OF HIALEAH and Alexis, Inc., Appellants, v. Rodolfo JIMENEZ, Appellee.
TEXT: WENTWORTH, Judge. Employer servicing agent seek review of a workers compensation order by
wh...stablish claimant s post-injury earnings for the purpose of assessing wage loss. The order
appealed is affirmed. ZEHMER and BARFIELD, JJ., concur.
212-CITE: 579 So.2d 893 Maria DIAZ, Appellant, v. XTRA SUPER FOOD CENTERS, INC., Appellee.
TEXT: SCHWARTZ, Chief Judge. Mrs. Diaz, a sixty-one year old lady, sued Xtra Super Food Centers,
I... jury also found the plaintiff guilty of 60% comparative negligence. No issue is made on appeal
of the 60%-40% split in the liability determination.
213-CITE: 459 So.2d 1154 Jason Edward BRYANT, etc., Appellants, v. DUVAL COUNTY HOSPITAL AUTHORITY, et
al., Appellees.
TEXT: JOANOS, Judge. In this appeal from a summary final judgment in a medical malpractice action
... out from under that determination of constitutionality. Accordingly, the summary final judgment
is AFFIRMED. WIGGINTON and BARFIELD, JJ., concur.
214-CITE: 471 So.2d 591 Jemima MOBLEY, Appellant Cross-Appellee, v. WINTER PARK MEMORIAL HOSPITAL and
All Risk Corporation, Appellees Cross-Appellants.
TEXT: ZEHMER, Judge. Claimant, Jemima Mobley, appeals from an order of the deputy commissioner
det...e insurance premium, or the portion of the premium, paid by the employer at the time of the
injury. I would affirm both the appeal and cross-appeal.
215-CITE: 566 So.2d 923 DUBOIS FARMS, INC. and United States Fidelity & Guaranty Company, Appellants, v.
Marie Carmelle PAUL, Appellee.
TEXT: SMITH, Judge. The employer carrier (E C) appeal an order of the Judge of Compensation
Claims...y definite economic gain to claimant, we agree that the value of this benefit is includable
in AWW. AFFIRMED. WIGGINTON and BARFIELD, JJ., concur.
216-CITE: 553 So.2d 285 FRANK MEDINA TRADING COMPANY, d b a F.M.T. Export, Petitioner, v. Joe BLANCO,
Respondent.
TEXT: PER CURIAM. Petitioner seeks a writ of certiorari to review the trial court s order
compelli...n, 214 So.2d 628 (Fla. 2d DCA 1968) (personal income tax return discoverable where lost
wages at issue). Certiorari granted; order quashed in part.
217-CITE: 562 So.2d 790 Dawn WILSON, Appellant Cross-Appellee, v. The SOUTHLAND CORPORATION and Kemper
Insurance Co., Appellees Cross-Appellants.
TEXT: WIGGINTON, Judge. Appellant appeals and appellees, employer carrier, cross-appeal the judge
...s awarded. AFFIRMED in part, REVERSED in part and REMANDED for further proceedings consistent
with this opinion. ERVIN and WENTWORTH, JJ., concur.
218-CITE: 600 So.2d 1255 Alfredo Ramirez BAUTISTA, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Acting Chief Judge. Defendant appeals the order requiring him to pay $123,971.53
rest... Peters v. State, 555 So.2d 450 (Fla. 4th DCA 1990) (condition of probation should not be
impossible to perform). ALTENBERND and BLUE, JJ., concur.
219-CITE: 572 So.2d 902 William F. SCOTT, Petitioner, v. OTIS ELEVATOR COMPANY, Respondent.
TEXT: GRIMES, Justice. We review Otis Elevator Co. v. Scott, 551 So.2d 489, 491 (Fla. 4th DCA
1989...terpretation of the damages available for a breach of Section 440.205 to assure that this
Court has forged the appropriate remedy for its violation.
220-CITE: 656 So.2d 1316 Venant JOSEPH, Stafford Anderson, Hopeton Blake, Clinton Brown, Clive Brown,
Oral Bryan, John Cordice, Cuthbert Duncan, Laury Gayle, Noel Henry, Mario Hutchinson, Paulus Lewis,
Harrington Palache, Winston Pryce, Lebert Thompson and Alva Williams, Appellants, v. OKEELANTA
CORPORATION, Appellee. Victor BROWN, Basil Phillips and Reynold Sayers, Appellants, v. ATLANTIC
SUGAR ASSOCIATION, Appellee.
TEXT: DELL, Chief Judge. These consolidated appeals involve separate class actions concerning
nine...mand this cause to the trial court for further proceedings consistent with this opinion.
REVERSED and REMANDED. HERSEY and STEVENSON, JJ., concur.
221-CITE: 461 So.2d 169 Jerry JOHNSTON, Appellant, v. SUPER FOOD SERVICES and Fireman s Fund Insurance
Company, Appellees.
TEXT: SHIVERS, Judge. Claimant appeals the deputy commissioner s order denying wage-loss
benefits....ld satisfy his burden of proving that the claimed loss of wages was caused by the
injury. I would therefore affirm the denial of wage loss benefits.
222-CITE: 708 So.2d 682 STATE of Florida, DEPARTMENT OF REVENUE, o b o Elena HEIRHOLZER, Appellant, v.
Donald C. HEIRHOLZER, Appellee.
TEXT: WHATLEY, Acting Chief Judge. In case number 97-00372 the Department of Revenue appeals an
or...and s child support obligations for day care expenses without discussion. Affirmed in part and
reversed in part. NORTHCUTT and GREEN, JJ., concur.
223-CITE: 477 So.2d 1082 Duwayne C. HAGEN, Appellant Cross-Appellee, v. Margaret Thomas BROWN and Glens
Falls Insurance Company, Appellees Cross-Appellants.
TEXT: SCHEB, Judge. In a non-jury trial, plaintiff, Duwayne C. Hagen, recovered $136,191.35
damage...firm. We remand with directions that the trial court enter a revised judgment awarding
plaintiff $131,789.20 RYDER, C.J., and CAMPBELL, J., concur.
224-CITE: 525 So.2d 993 A.C. ELECTRIC COMPANY and FEISCO, Appellants, v. Roger KWITCHEN, Appellee.
TEXT: MILLS, Judge. A.C. Electric Company and FEISCO (E C) appeal an order of the deputy
commissio...uired to complete and file benefit forms for that period. The deputy s order is in all
other respects affirmed. SHIVERS and WIGGINTON, JJ., concur.
225-CITE: 605 So.2d 496 D.G.D., INC., Appellant, v. Jason BERKOWITZ, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant D.G.D., Inc. from (1) a final judgment
entere...1 plus prejudgment interest, and (2) the post-trial order awarding of attorney s fees is
affirmed. Affirmed in part; reversed in part and remanded.
226-CITE: 736 So.2d 1232 Irwin SARAKOFF, Appellant Cross-Appellee, v. BROWARD COUNTY SCHOOL BOARD and
Gallagher Bassett Services, Inc., Appellees Cross-Appellants.
TEXT: DONNER, AMY STEELE, Associate Judge. Appellant appeals the judgment entered by the circuit
c...n without prejudice to appellant to seek review of the entitlement and amount of the E C s
set-off before the JCC. GUNTHER and FARMER, JJ., concur.
227-CITE: 502 So.2d 514 DELTONA UTILITIES and Home Insurance Company, Appellants, v. Samuel EDWARDS,
Appellee.
TEXT: SHIVERS, Judge. The employer carrier in this case, Deltona Utilities and Home Insurance
Comp...unpaid installments of compensation due, pursuant to section 440.20(14), Florida Statutes.
ERVIN, J., concurs. ZEHMER, J., concurs in result only.
228-CITE: 548 So.2d 815 Joseph LeBLANC, Appellant, v. HARMON CONTRACT GLAZING and Liberty Mutual Ins.
Co., Appellees.
TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which a claim
for...f this reduction in premium cost from his determination of claimant s average weekly wage.
The order is affirmed. JOANOS and NIMMONS, JJ., concur.
229-CITE: 673 So.2d 526 Marjorie HOWELL-DEMAREST, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, Appellee.
TEXT: KLEIN, Judge. The insured s State Farm policy provided $100,000 in medical payment coverage
...y allocate, in the absence of a request by the insured, since the case law does not require that.
Those allegations should be stricken after remand.
230-CITE: 506 So.2d 471 Gordon HAYNES, Appellant, v. GORDON HAYNES STATE CERTIFIED GENERAL CONTRACTORS,
INC., and Commercial Union Insurance Company, Appellees.
TEXT: ZEHMER, Judge. The claimant appeals the deputy commissioner s calculation of his average
wee...VERSED AND REMANDED. ERVIN and SHIVERS, JJ., concur. ------------ (FN1) The deputy did not
expressly reject the claimant s testimony as incredible.
231-CITE: 505 So.2d 546 Renee J. BIELECKI, Appellant, v. Adam J. BIELECKI, Jr., Appellee.
TEXT: FERGUSON, Judge. Three of the several issues raised by the ex-wife in this appeal from a
jud... rental property is also reversed, and the trial court is directed to adjudicate the interests
of the parties in the Last Resort Fish Camp property.
232-CITE: 643 So.2d 67 CAMPBELL CHRYSLER AND PLYMOUTH AND EXECUTIVE RISK CONSULTANTS, Appellants, v.
TRACY RUSHING, Appellee.
TEXT: DAVIS, Judge. Appellants, Campbell Chrysler and Plymouth and Executive Risk Consultants,
app...calculation of *68 claimant s AWW and corresponding compensation rate. The order is affirmed
in all other respects. ALLEN and WEBSTER, JJ., concur.
233-CITE: 578 So.2d 798 Florence HUNTER, Appellant, v. HERNANDO COUNTY BOARD OF COUNTY COMMISSIONERS and
Johns Eastern Co. Inc., Appellees.
TEXT: ERVIN, Judge. Appellant, Florence Hunter, seeks review of an attendant care award,
contendin...RM that portion of the order awarding attendant care at the rate of sixteen hours per
week for all times thereafter. JOANOS and MINER, JJ., concur.
234-CITE: 656 So.2d 213 DAVID J. WILLIAMS, III, Appellant, v. ESPIRITO SANTO BANK OF FLORIDA, Appellee.
TEXT: PER CURIAM. Appellant, David J. Williams, III (Williams), appeals an order granting
appellee...y did not execute any other written agreement to have his wages garnished, the order for
continuous writ of garnishment must be reversed. Reversed.
235-CITE: 719 So.2d 977 A. Grayson WALKER, III, Appellant, v. Susan WALKER, Appellee.
TEXT: W. SHARP, Judge. Grayson Walker, the former husband, appeals from a final judgment of
dissol... final hearing that there could be no lost wages because, the husband lost no wages during
the marriage; he was unemployed when the parties married.
236-CITE: 496 So.2d 946 JAMES W. GARDNER CORPORATION, Appellant Cross-Appellee, v. John J. TWOMEY, III,
Appellee Cross-Appellant.
TEXT: SANDERLIN, Judge. This is an appeal and cross-appeal from a final judgment in which the
tria... Affirmed in part, reversed in part, and remand for further proceedings on the issue of
attorney s fees only. LEHAN, A.C.J., and HALL, J., concur.
237-CITE: 599 So.2d 220 Thomas M. WERTHMAN, Appellant, v. SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA,
Appellee.
TEXT: PER CURIAM. Thomas Werthman (Werthman) appeals from a final order issued by the School
Board...ction that when certain things are itemized in a law, the intention to exclude items not
mentioned may be inferred. (FN2) Ch. 120, Fla.Stat. (1989).
238-CITE: 657 So.2d 64 WINN DIXIE and Crawford & Company, Appellants, v. James ROBINSON, Appellee.
TEXT: BARFIELD, Judge. The employer and servicing agent (E SA) appeal from a worker s
compensation...SED. The matter is remanded to the JCC for reconsideration, including the
presentation of further evidence, if needed. KAHN and DAVIS, JJ., concur.
239-CITE: 643 So.2d 1161 Sandra PURVIS, Appellant, v. UNITED PARCEL SERVICE and Liberty Mutual,
Appellees.
TEXT: PER CURIAM. AFFIRMED. BARFIELD and WOLF, JJ., concur. ERVIN, J., dissents with written
opi...nce of the former. I would therefore reverse the JCC s denial of benefits and remand the case
for further proceedings consistent with this opinion.
240-CITE: 561 So.2d 371 Howard GILL, Appellant, v. U.S. AGRI-CHEMICALS, Self-Insured, Appellee.
TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which a claim
for...against future payments. The order is reversed as to the average weekly wage determination,
and the cause remanded. NIMMONS and MINER, JJ., concur.
241-CITE: 569 So.2d 928 William R. JOHNSON, Appellant, v. Jesse Brian EDWARDS, Jr. and David Van
Edwards, Appellees.
TEXT: ALLEN, Judge. William R. Johnson appeals from an order dismissing with prejudice his
complai...s been thwarted by the application of the Statute of Frauds. This is an area which I
consider requires immediate redress by the Florida Legislature.
242-CITE: 449 So.2d 988 D & R BUILDERS, INC. and Fireman s Fund Insurance Company, Appellants, v.
Gabriel QUETGLAS, Appellee.
TEXT: ERVIN, Chief Judge. Appellants, D & R Builders, Inc. and Fireman s Fund Insurance Company
(e...aph 1. may be payable, the burden shall be on the employee to establish that any wage loss
claimed is the result of the compensable injury. (e.s.)
243-CITE: 694 So.2d 136 WAL-MART STORES and Claims Management, Inc., Appellants, v. George CAMPBELL,
Appellee.
TEXT: REVISED OPINION BARFIELD, Chief Judge. The employer and servicing agent (E SA) appeal a
wor...ne average weekly wage as a fair and reasonable approximation of the full-time weekly wages
of the injured employee. ERVIN and DAVIS, JJ., concur.
244-CITE: 624 So.2d 799 CITY OF ORLANDO and Alexsis Risk Management, Appellants, v. Harold WILKINSON,
Appellee.
TEXT: WOLF, Judge. City of Orlando and Alexsis Risk Management, the employer and servicing agent
(...ant s entitlement to benefits. SMITH and MICKLE, JJ., concur. ------------ (FN2) The claimant
was also not at MMI at the time of the second injury.
245-CITE: 624 So.2d 345 Zephaniah MEEK, Appellant, v. LAYNE-WESTERN COMPANY and Crawford & Company,
Appellees.
TEXT: KAHN, Judge. In this case, Zephaniah Meek appeals a workers compensation order contending
th...WEBSTER, JJ., concur. ------------ (FN4) We express no opinion as to whether Mr. Meek suffered
wage loss resulting from the March 20, 1990 accident.
246-CITE: 598 So.2d 252 Juan Lopez FLEITAS, Appellant, v. TODAY TRUCKING, INC. and Fidelity and Casualty
of New York, Appellees.
TEXT: ALLEN, Judge. In this workers compensation appeal, the claimant, Juan Lopez Fleitas,
challen...e judge of compensation claims denying the claimant s request for correction of his
average weekly wage is affirmed. SMITH and ZEHMER, JJ., concur.
247-CITE: 439 So.2d 932 METROPOLITAN DADE COUNTY, Appellant, v. Mark SOKOLOWSKI, Donald Stockett, Howard
Sauers, Robert Jennings, Michael Osuch, Adelaide Dolan, Richard Zeihers, Glen D. Metzler, Gregory M.
Beenken, Randolph T. Berenguer and Dade County Police Benevolent Association, Appellees.
TEXT: BASKIN, Judge. The issue presented in this appeal is whether police officers who received
di...ys fees under other legal authority such as collective bargaining agreements or federal
statutes which have not been presented in these proceedings.
248-CITE: 445 So.2d 1130 PLYMOUTH CITRUS PRODUCTS, a self-insured, and Corporate Group Service, a
servicing agent, Appellants, v. Sarah WOODARD and Department of Labor and Employment Security,
Division of Workers Compensation, Appellee.
TEXT: PER CURIAM. The employer carrier appeal a compensation order awarding wage loss benefits,
co...3); Citrus Central v. Parker, 423 So.2d 610 (Fla. 1st DCA 1982). AFFIRMED in part and REVERSED
in part. SHIVERS, JOANOS and THOMPSON, JJ., concur.
249-CITE: 458 So.2d 347 SHERATON BAL HARBOUR and INA Aetna, Appellants, v. Ligia CARDOZA, Appellee.
TEXT: PER CURIAM. In this workers compensation case, the employer carrier appeal an order
awarding...able injury alone. The order is affirmed as modified but remanded for the recomputation
prescribed herein. BOOTH, SMITH and THOMPSON, JJ., concur.
250-CITE: 551 So.2d 489 OTIS ELEVATOR COMPANY, Appellant Cross Appellee v. William F. SCOTT, Appellee
Cross Appellant.
TEXT: PER CURIAM. In our earlier decision, Otis Elevator Company v. Scott, 503 So.2d 941 (Fla.
4th...ew trial we have ordered. ------------ (FN1) W. Keeton, D. Dobbs, R. Keeton & D. Owen, Prosser
& Keeton on Torts Section 130, at 1028 (5th ed.1984).
251-CITE: 687 So.2d 310 Deborah L. HURLEY, Appellant, v. STUART FINE FOODS and Claims Center, Appellees.
TEXT: PER CURIAM. Deborah L. Hurley appeals a workers compensation order which, on the basis of
th...ection 440.15(4)(b), Florida Statutes (1991). See also Donahue v. CTL Distrib., 682 So.2d 1218,
1218-19 (Fla. 1st DCA 1996) (Ervin, J., dissenting).
252-CITE: 443 So.2d 354 NATIONAL DISTILLERS and Aetna Casualty & Surety Co., Appellants, v. Richard
GUTHRIE, Appellee.
TEXT: WENTWORTH, Judge. The employer and carrier (e c) appeal an order entered April 1, 1983,
awar...ich he showed inability to earn remuneration equal to that to which the statutory formula
entitled him. Affirmed. NIMMONS and ZEHMER, JJ., concur.
253-CITE: 567 So.2d 972 WESTERN AUTO and Aetna Casualty & Surety Company, Appellants, v. Howard MOORE,
Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal of an order setting average weekly wage
(AWW...fficiency of the evidence to support appellee s claim, we reverse and remand for further
proceedings consistent with the holdings in this opinion.
254-CITE: 523 So.2d 657 YELLOW FREIGHT SYSTEMS, INC., Appellant, v. Joseph COOMBS, and The Florida
Department of Labor and Employment Security, Division of Workers Compensation, Appellees.
TEXT: ON REHEARING WIGGINTON, Judge. Upon claimant s motion for rehearing, we withdraw our
origin... was not specifically addressed by the parties, the parties may again file their respective
motions for rehearing. BOOTH and BARFIELD, JJ., concur.
255-CITE: 498 So.2d 977 ALACHUA COUNTY BOARD OF COUNTY COMMISSIONERS and United States Fidelity &
Guaranty Company, Appellants, v. William Glenn GRIFFIS, Appellee.
TEXT: MILLS, Judge. The Alachua County Board of County Commissioners and U.S. F. & G. Company (E
C...able so as to overcome Griffis demonstration of inability to do even light work uninterruptedly.
Affirmed. BOOTH, C.J., and WENTWORTH, J., concur.
256-CITE: 576 So.2d 405 Michael JERRY, Appellant, v. FARM STORES, INC. and Diversified Risk, Appellees.
TEXT: PER CURIAM. The appellant claimant in this workers compensation appeal claimed temporary
par...udge of compensation claims is authorized to take additional testimony, should he find it
necessary or helpful. ERVIN, ALLEN and WOLF, JJ., concur.
257-CITE: 485 So.2d 1296 K.M.C., a child v. STATE of Florida.
TEXT: ZEHMER, Judge. This appeal is brought from a circuit court order adjudicating appellant
deli...e motion for rehearing is DENIED. THOMPSON and BARFIELD, JJ., concur. ------------ (FN2)
Brown v. Cadillac Motor Car Div. 468 So.2d 903 (Fla.1985).
258-CITE: 468 So.2d 509 Frank FAUST, Jr., Appellant, v. SOUTHEASTERN CONTRACTING & DOOR SERVICE, et al.,
Appellees.
TEXT: PER CURIAM. Claimant appeals a workers compensation order establishing his average weekly
wa...above findings and a proper determination of average weekly wage. AFFIRMED in part and
REVERSED in part. JOANOS, THOMPSON and ZEHMER, JJ., concur.
259-CITE: 677 So.2d 64 Althan W. HUNT, Appellant, v. D.M. STRATTON, Jr., and Pacific Marine c o FIGA,
Appellees.
TEXT: BARFIELD, Chief Judge. The claimant seeks review of a workers compensation order
determining...RTWICK, JJ., concur. ------------ (FN1) To the right of the formula, we have included
the appropriate figures and calculations for the instant case.
260-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.
261-CITE: 652 So.2d 842 INTERNATIONAL ASSOCIATION OF MACHINISTS, Appellant, v. Robert J. TUCKER, et al.,
and Florida Unemployment Appeals Commission, Appellees.
TEXT: BOOTH, Judge. This appeal arises from an order of the Unemployment Appeals Commission
affirm...368 (Fla. 1st DCA 1990). Instead, the majority has spurned accepted principles in order to
impose a tax the statutes do not. I respectfully dissent.
262-CITE: 686 So.2d 667 SADDLEBROOK RESORTS, INC., and Liberty Mutual Insurance Company, Appellants, v.
Sandie L. HEATH, Appellee.
TEXT: PER CURIAM. In this workers compensation appeal, Saddlebrook Resorts Inc., and Liberty
Mutua...ces, 576 So.2d 372 (Fla. 1st DCA 1991). However, as none of the parties have raised that
issue in this appeal, I concur in the result reached today.
263-CITE: 654 So.2d 299 COMPUTER SCIENCES RAYTHEON and American International Adjustment Company,
Appellants Cross-Appellees, v. Linda FRYE, Appellee Cross-Appellant.
TEXT: PER CURIAM. In this workers compensation appeal and cross-appeal, the employer carrier
appea... a determination regarding causal relationship between the injury and loss of wages.
ZEHMER, C.J., BARFIELD, J., and SHIVERS, Senior Judge, concur.
264-CITE: 457 So.2d 1120 GRINER-WOODRUFF, INC. and Commercial Union Insurance Company, Appellants, v.
Roger PAYNE, Appellee.
TEXT: SHIVERS, Judge. The employer carrier in this workers compensation case appeal the deputy
com...pcoa, without more, did not satisfy the employer carrier s burden. Accordingly, the deputy s
order is AFFIRMED. WENTWORTH and NIMMONS, JJ., concur.
265-CITE: 691 So.2d 4 CURRY INDUSTRIES and FTBA-Fund, Appellants, v. Richard MARINGER, Appellee.
TEXT: PER CURIAM. The judge of compensation claims (JCC) erred in including in claimant s average
...ion reflects that a claim was made on May 9, 1995. REVERSED and REMANDED for further
proceedings. BARFIELD, C.J., and ERVIN and KAHN, JJ., concur.
266-CITE: 545 So.2d 333 Charles STRICKLAND, Appellant, v. NEIL S PAINTING and Travelers Insurance
Company, Appellees.
TEXT: SHIVERS, Judge. In this workers compensation appeal we affirm the deputy commissioner s (DC
... shall be deemed to mean and refer to a constructive period of 13 weeks as a whole, which shall
be defined as a consecutive period of 91 days. . . .
267-CITE: 726 So.2d 353 Adrian Michael KERN, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, J. Adrian Michael Kern timely appeals his convictions and sentences for leaving
th... s salvage value. Bowman v. State, 698 So.2d 615 (Fla. 2d DCA 1997). AFFIRMED in part;
REVERSED and REMANDED. W. SHARP, and PETERSON, JJ., concur.
268-CITE: 443 So.2d 318 VISITING NURSES ASSOCIATION and Hewitt, Coleman & Associates, Inc., Appellants,
v. Dorothy TEEL, Appellee.
TEXT: NIMMONS, Judge. Employer carrier (E C) appeal from an order of the deputy commissioner
requi... the order appealed is reversed and this cause is remanded for further proceedings
consistent with this opinion. WENTWORTH and ZEHMER, JJ., concur.
269-CITE: 683 So.2d 1192 Danny FULLER, Appellant, v. Nancy Jane FULLER, Appellee.
TEXT: PETERSON, Chief Judge. Danny Fuller appeals a final judgment of dissolution of marriage
from... is suggested that the parties attorneys be allocated time to make their closing arguments.
REVERSED AND REMANDED. HARRIS and ANTOON, JJ., concur.
270-CITE: 735 So.2d 604 Gloria I. MEDINA, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
TEXT: PER CURIAM. Gloria I. Medina (Medina) on behalf of herself and her two minor children, on
Ma... from her record. We AFFIRM the denial of benefits with respect to Medina s application of
March 5, 1998. ALLEN, LAWRENCE and BENTON, JJ., CONCUR.
271-CITE: 632 So.2d 202 In re The Marriage of Judith THRIFT, Appellant, v. Dan D. THRIFT, Sr., Appellee.
TEXT: WEBSTER, Judge. Appellant (the wife) seeks review of a final judgment of dissolution of
marr... judgment of dissolution of marriage is affirmed. AFFIRMED IN PART; REVERSED IN PART; and
REMANDED, with directions. JOANOS and KAHN, JJ., concur.
272-CITE: 556 So.2d 1154 DEPARTMENT OF REVENUE, STATE of FLORIDA, Appellant, v. SUN BANK, et al.,
Appellees.
TEXT: DANIEL, Chief Judge. The Department of Revenue of the State of Florida appeals a final
summa...ture and deed of trust is merely a guarantee of payment, it is not subject to tax under
Section 201.08. AFFIRMED. DAUKSCH and COWART, JJ., concur.
273-CITE: 496 So.2d 957 DORAL COUNTRY CLUB and Professional Administrators, Inc., Appellants, v. Luis
GONZALEZ, Appellee.
TEXT: PER CURIAM. This is an appeal of a workers compensation order awarding claimant temporary
pa... in question, and find no error with respect to the other issues raised by appellant.
Affirmed. BOOTH, C.J., and MILLS and WENTWORTH, JJ., concur.
274-CITE: 690 So.2d 1387 Daniel M. BUCCI, Appellant Cross-Appellee, v. AUTO BUILDERS SOUTH FLORIDA,
INC., a Florida corporation, Appellee Cross-Appellant.
TEXT: POLEN, Judge. Daniel Bucci appeals a final judgment entered pursuant to a jury verdict
award...p, 284 So.2d 691, 696 (Fla.1973)). We therefore affirm as to Auto Builders cross-appeal.
REVERSED and REMANDED. PARIENTE and SHAHOOD, JJ., concur.
275-CITE: 531 So.2d 999 DENTAL ARTS LAB, INC., and Northwestern National Ins., Appellant, v. Gloria
CONSTANTINO, Appellee.
TEXT: WENTWORTH, Judge. Appellants seek review of a July 7, 1987 workers compensation order by
whi...ocial Security *1001 offset against temporary partial benefits, it would have done so
specifically. AFFIRMED. ZEHMER and BARFIELD, JJ., concur.
276-CITE: 432 So.2d 164 PHOTO ELECTRONICS CORPORATION WPEC and Insurance Company of North America,
Appellants, v. Richard J. GLICK, Appellee.
TEXT: MILLS, Judge. Photo Electronics and its carrier appeal a compensation order modifying a 25%
...ce of economic disruption caused by the injury. The modification of the permanent impairment
rating is REVERSED. JOANOS and THOMPSON, JJ., concur.
277-CITE: 502 So.2d 500 Lionel COTE, Appellant, v. COMBUSTION ENGINEERING, INC., and Travelers Insurance
Company, Appellees.
TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which his
average...., Todd Shipyards Corp. v. Black, 717 F.2d 1280 (9th Cir.Ct.App.1983); White v.
Johns-Manville Sales Corp., 416 So.2d 327 (La. 5th Cir.Ct.App.1982).
278-CITE: 610 So.2d 518 CITY OF OPA-LOCKA, Florida, Appellant, v. DADE COUNTY POLICE BENEVOLENT
ASSOCIATION, etc., Appellee.
TEXT: NESBITT, Judge. The City of Opa-Locka (City) appeals an order confirming an arbitration
awar...ction taken by the City towards the police officer is not grievable pursuant to the instant
collective bargaining agreement. Reversed and remanded.
279-CITE: 433 So.2d 43 Armand BOULERICE, Appellant, v. MAGIC ROOFING CO. and Florida Insurance Company
Association, Inc., and Division of Workers Compensation, Appellees.
TEXT: SHIVERS, Judge. In this workers compensation case, Boulerice appeals the final order of the
... and this cause is REMANDED for the entry of a new order not inconsistent with this opinion.
ROBERT P. SMITH, Jr., C.J., and WIGGINTON, J., concur.
280-CITE: 579 So.2d 858 Larry Glenn JERNIGAN, Appellant, v. Teresa Ann JERNIGAN, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a dissolution of marriage in which the
tr...re from wages earned during the marriage. There is no evidence that the expended funds came
from a source unconnected with the marital relationship.
281-CITE: 673 So.2d 962 Daniel Edward BROWARD, Petitioner, v. JACKSONVILLE MEDICAL CENTER, INC. and
First Union National Bank of Florida, a national banking association, Respondents.
TEXT: KAHN, Judge. We have before us Daniel Broward s petition for a writ of certiorari to review
...s are no longer exempt from all claims of creditors? Petition for writ of certiorari DENIED;
question certified. ERVIN and BARFIELD, JJ., concur.
282-CITE: 596 So.2d 126 EXPICARE NURSING SERVICES and Johns Eastern Company, Inc., Appellants, v. Deanna
EUDALEY, Appellee.
TEXT: SHIVERS, Judge. The employer servicing agent (E SA) appeal from an order of the Judge of
Com...mula provided in Section 440.14(1)(d), F.S. (1988 Supp.). AFFIRMED in part and REVERSED and
REMANDED in part. WIGGINTON and BARFIELD, JJ., concur.
283-CITE: 622 So.2d 109 Nancy BRAITHWAITE, Appellant, v. DEPARTMENT OF TRANSPORTATION and Crawford &
Company, Appellees.
TEXT: WOLF, Judge. Nancy Braithwaite, claimant, challenges a final order of the judge of
compensat...ay 1, 1988, and May 27, 1991, and remand for further proceedings concerning claimant s
entitlement to said benefits. SMITH and MICKLE, JJ., concur.
284-CITE: 435 So.2d 884 O.T. SIMS & ASSOCIATES, and Travelers Insurance Co., Appellants, v. Chris J.
MERCHANT, Appellee.
TEXT: WENTWORTH, Judge. The employer and carrier (e c) appeal an order of the deputy commissioner
...DCA 1982). The order as amended with regard to the claimant s average weekly wage is affirmed.
ROBERT P. SMITH, Jr., C.J., and ZEHMER, J., concur.
285-CITE: 450 So.2d 315 WESTERN ELECTRIC COMPANY, Appellant, v. Evelyn N. VICKERS, Appellee.
TEXT: BARFIELD, Judge. In this workers compensation case, the employer appeals the final order of
...ry 2, 1982, and receive credit for those payments against permanent total disability benefits due
to claimant. WENTWORTH and THOMPSON, JJ., concur.
286-CITE: 567 So.2d 488 ST. PETERSBURG MOTOR CLUB, Appellant, v. Helen T. COOK, Appellee.
TEXT: SCOONOVER, Chief Judge. The appellant, St. Petrsburg Motor Club, challenges a final order
of.... Ricks. We, accordingly, reverse and remand with instructions to enter an order dismissing the
complaint. Reversed. RYDER and LEHAN, JJ., concur.
287-CITE: 538 So.2d 1338 Willard BRANTLEY, Appellant, v. Ronald ALLEN d b a Lake Glass and Auto-Owners,
Appellees.
TEXT: SHIVERS Judge. The claimant in this workers compensation case appeals an order of the
deputy... s claim for determination of correct AWW and corresponding compensation rate, and remand
for further proceedings. BOOTH and THOMPSON, JJ., concur.
288-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).
289-CITE: 447 So.2d 347 Robert L. CROSBY and Bernice O. Crosby, Appellants, v. FLEMING & SONS, INC., a
corporation, Benjamin Johnson and Safeco Insurance Company, a corporation, Appellees.
TEXT: SMITH, Judge. The Crosbys appeal from the trial court s order directing a remittitur of
$105...irmed, but for the reasons stated, and this case is remanded for further proceedings
consistent with this opinion. JOANOS and NIMMONS, JJ., concur.
290-CITE: 479 So.2d 791 Barry Paul GILMORE, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIMES, Acting Chief Judge. Appellant was convicted of burglary of a dwelling and second
deg...the restitution would only have to be paid out of appellant s prison wages and then only if
the Department of Corrections permitted such deductions.
291-CITE: 584 So.2d 52 PAN AMERICAN BANK and C.L.A.S., Appellants, v. Marie Ann GLINSKI, Appellee.
TEXT: ZEHMER, Judge. The employer and carrier appeal a workers compensation order awarding the
cla...sary information from the Social Security Administration and attempt to withhold any offset.
The order is AFFIRMED. SHIVERS and KAHN, JJ., concur.
292-CITE: 443 So.2d 501 BUREAU OF CRIMES COMPENSATION, FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT
SECURITY, Appellant, v. George REYNOLDS, Appellee.
TEXT: BASKIN, Judge. In enacting the Florida Crimes Compensation Act, Chapter 960, Florida
Statute...roperly exercised his discretion in awarding Reynolds lost wages under the Crimes
Compensation Act for the first month of his incapacity. Affirmed.
293-CITE: 712 So.2d 1233 KLOSTER CRUISE LINES, d b a Norwegian Caribbean Cruises, Appellant, v. Paterio
TAAY, Appellee.
TEXT: LEVY, Judge. A cruise line appeals from a final judgment entered against it in connection
wi...mployee s claims other than the retaliatory discharge claim. See Air Florida Inc. v. Hobbs, 477
So.2d 40 (Fla. 3d DCA 1985). Reversed and remanded.
294-CITE: 672 So.2d 644 Charles M. FISCHMAN, M.D., Appellant, v. John S. SUEN, M.D., Appellee.
TEXT: GROSS, Judge. Needing assistance in his medical practice, Dr. Charles Fischman hired Dr.
Joh...t, but it doesn t do any good. Walt Disney World Co., 640 So.2d at 1159, n. 1, quoting O Rear
v. Fruehauf Corp., 554 F.2d 1304, 1309 (5th Cir.1977).
295-CITE: 436 So.2d 1046 BRICE BUILDING CO. and U.S. Fidelity & Guaranty Co., Appellants, v. Gary S.
BRACKEN, Appellee.
TEXT: WENTWORTH, Judge. Appellants seek review of a workers compensation order whereby appellee
wa...sent case the deputy s finding of bad faith was therefore an abuse of discretion. The order
appealed is reversed. BOOTH and THOMPSON, JJ., concur.
296-CITE: 475 So.2d 1246 FINANCIAL & INVESTMENT PLANNING, INC., Appellant, v. Lionel LIEBERMAN,
Appellee.
TEXT: ON REHEARING PER CURIAM. Rehearing denied. HUBBART, Judge (dissenting). I must
respectful...attorney s fee award at the trial level. I would grant the motion for rehearing,
reverse the order under review and remand for further proceedings.
297-CITE: 458 So.2d 50 Kyra PHILLIPS and Wayne Phillips, her husband, Appellants, v. UNICARE AMELIA
ISLAND, INC., and National Union Fire Ins. Company, Appellees.
TEXT: SHIVERS, Judge. Kyra Phillips, plaintiff in the proceedings before the trial court, appeals
...ith the employer defendant s normal mode of payment. Accordingly, the summary judgment appealed
from is AFFIRMED. THOMPSON and ZEHMER, JJ., concur.
298-CITE: 477 So.2d 1009 Glenn A. RICE, etc., et al., Appellants, v. Emma Grimes LEE, et al., Appellees.
TEXT: THOMPSON, Judge. Glenn Rice and his parents, John and Shirley Rice, who were the plaintiffs
...pon her property. Affirmed in part, reversed in part and remanded for further proceedings not
inconsistent herewith. MILLS and SMITH, JJ., concur.
299-CITE: 435 So.2d 275 CITY OF ORLANDO, Appellant, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION and
Orange County Police Benevolent Association, Appellees.
TEXT: ORFINGER, Chief Judge. This appeal is from a final order of the Public Employees Relations
C...ions that an order be entered dismissing the unfair labor practice charge. REVERSED and
REMANDED. DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur.
300-CITE: 655 So.2d 1134 MAYFLOWER CORPORATION and Crawford & Company, Appellants, v. Wilma O. DAVIS,
Appellee.
TEXT: SMITH, Senior Judge. The employer carrier (E C) appeal an order of the judge of
compensation... equally regardless of their participation in the business. For the foregoing
reasons, we AFFIRM the JCC s order. ERVIN and LAWRENCE, JJ., concur.
301-CITE: 666 So.2d 254 TURNBERRY ISLE RESORT AND CLUB, Appellant, v. Madoc D. FERNANDEZ, et al.,
Appellees.
TEXT: NESBITT, Judge. Turnberry Isle Resort and Club appeals from a final order of the Florida
Une...estified that he was paid $150 and he spent about $40 for chemicals; he did not testify that
he charged $110 for his services and $40 for chemicals.
302-CITE: 530 So.2d 356 John FARMER, Appellant, v. PROTECTIVE CASUALTY INSURANCE COMPANY, Appellee.
TEXT: RYDER, Acting Chief Judge. On May 21, 1984, appellant was injured in an automobile accident
...erly denied his claim. Affirmed in part; reversed in part and remanded for proceedings
consistent with this opinion. HALL and PARKER, JJ., concur.
303-CITE: 622 So.2d 135 Marcus MARGIOTTA, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
a foreign corporation, Appellee.
TEXT: KLEIN, Judge. The insured appeals a denial of attorney s fees which he sought after filing
s...the insured filed suit. We therefore reverse the order denying the insured s claim for attorney
s fees. Reversed. GUNTHER and POLEN, JJ., concur.
304-CITE: 502 So.2d 510 John McMILLIAN, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. McMillian appeals the trial court s imposition of community service in
lie... 1986). AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent
with this opinion. WENTWORTH and NIMMONS, JJ., concur.
305-CITE: 752 So.2d 717 Clay HAMM, Appellant Cross-Appellee, v. ROYAL CARIBBEAN CRUISES, LTD., Appellee
Cross-Appellant.
TEXT: PER CURIAM. Clay Hamm (Hamm), appeals and Royal Caribbean Cruises, Ltd. (RCCL),
cross-appeal... judgment it would abandon its cross-appeal. Accordingly, in light of this Court s
decision on the main appeal, the cross-appeal is moot. Affirmed.
306-CITE: 477 So.2d 624 TAMPA ELECTRIC COMPANY, Appellant, v. Chester BRADSHAW, Appellee.
TEXT: ERVIN, Judge. In this workers compensation case, the employer appeals the deputy s order,
fi...e for redetermination of these benefits based on his correct AWW at the time of claimant s
injury and without consideration of his earnings at PHCC.
307-CITE: 733 So.2d 559 CHAMPION INTERNATIONAL CORP., Appellant, v. Ronnie WIDEMAN, Appellee.
TEXT: PADOVANO, J. This is an appeal from a final order of the Florida Commission on Human
Relatio...ct case unless the claimant worked overtime in the position from which he or she was
discharged. See Nordstrom v. NLRB, 984 F.2d 479 (D.C.Cir.1993).
308-CITE: 737 So.2d 1136 The CADLE COMPANY, Appellant, v. G & G ASSOCIATES, and Peter Grieco, Appellees.
TEXT: GROSS, J. Appellant, The Cadle Company ( Cadle ), domesticated a Connecticut judgment
agains...t with the recent case of Hill v. Haywood, 735 So.2d 539, 24 Fla.L.Weekly D1232 (Fla. 2d
DCA May 21, 1999). STONE, C.J., and STEVENSON, J., concur.
309-CITE: 504 So.2d 1313 Richard F. DeROSA, and Kerry C. DeRosa, his wife, Appellants, v. SHANDS
TEACHING HOSPITAL & CLINICS, INC., James A. Hill, M.D., and Gary Lane, M.D., and Florida Board of
Regents, Appellees.
TEXT: WENTWORTH, Judge. Appellants seek review of orders granting summary judgment to appellees
Hi...and professional liability insurance coverage, are derived from private patient fees. The
orders are affirmed. WIGGINTON and NIMMONS, JJ., concur.
310-CITE: 556 So.2d 793 BELL BROKERAGE COMPANY, Appellant, v. Roberto QUINTERO, Appellee.
TEXT: ERVIN, Judge. Bell Brokerage Company appeals from an award of compensation benefits in
which...th directions that the JCC reduce the claimant s AWW by the $25.00 attributed to the value
of the food items. WENTWORTH and WIGGINTON, JJ., concur.
311-CITE: 544 So.2d 281 Robert HOROWITZ, Appellant, v. FLORIDA INSURANCE GUARANTY ASSOCIATION, Appellee.
TEXT: PER CURIAM. This is a personal injury action arising out of an auto-pedestrian collision.
T...ns. Co., 364 So.2d 1253 (Fla. 1st DCA 1978). REVERSED AND REMANDED for a new trial upon the
issue of damages. DELL, WALDEN and POLEN, JJ., concur.
312-CITE: 566 So.2d 1306 Jerome H. BRADSHAW, et al., Appellants, v. PANTRY PRIDE ENTERPRISES, INC., a
Pennsylvania corporation, Appellee.
TEXT: JORGENSON, Judge. Plaintiffs, thirty-five former mid-level managers of divisions of Pantry
P...employees were entitled to severance pay even though they suffered no interruption in employment
or loss of wages upon being hired by the purchaser.
313-CITE: 629 So.2d 905 Steven L. WARSHALL, Appellant, v. Richard J. PRICE, Appellee.
TEXT: DONNER, AMY STEELE, Associate Judge. Appellant, Dr. Steven Warshall, seeks review of a
final...is whether the party prevailed on the significant issues in the litigation (regardless of
whether that party prevailed in terms of dollars awarded).
314-CITE: 506 So.2d 99 ATLAS MUTUAL INSURANCE COMPANY, Appellant, v. Philip WOLFORT, Appellee.
TEXT: DOWNEY, Judge. Appellee, Philip Wolfort, sustained injuries and other damages in an
automobi...or $1,800. The deductible is then subtracted from the sum of those two figures, resulting
in an award to the insured of $3,000 ($5,000 less $2,000).
315-CITE: 531 So.2d 1361 Markham ILEY and Kemper Group, Appellants, v. James LINZEY, Appellee.
TEXT: ZEHMER, Judge. The employer, Markham Iley, and the carrier, Kemper Group, appeal an order
of...taxable costs and in reserving jurisdiction to determine entitlement and amount of attorney s
fees. AFFIRMED. WENTWORTH and BARFIELD, JJ., concur.
316-CITE: 600 So.2d 514 Mark WOHLGAMUTH, Appellant, v. CENTRAL MAINTENANCE & WELDING and Auto Owners
Insurance Co., Appellees.
TEXT: ON MOTION FOR REHEARING OR CLARIFICATION JOANOS, Chief Judge. The opinion of this court in
...he date of maximum medical improvement shall be deemed to be the amount which would have been
earned if the employee did not limit his income. . . .
317-CITE: 450 So.2d 318 CLAY HYDER TRUCKING LINES, Appellant, v. Dorothy ATHERTON, Appellee.
TEXT: WIGGINTON, Judge. The employer carrier (E C) appeal from the deputy commissioner s order
fin...(Fla.1977). AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings
consistent with this opinion. MILLS and SHIVERS, JJ., concur.
318-CITE: 546 So.2d 741 Annette JOHNSON, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,
Appellee.
TEXT: ERVIN, Judge. Appellant, Annette Johnson, seeks review of an order rendered by the
Departmen...the food stamp recipient committed, and intended to commit, an intentional program
violation. 7 C.F.R. Section 273.16(e)(6) (1988) (emphasis added).
319-CITE: 519 So.2d 34 Ladislao LAMAZARES, Appellant, v. RINKER SOUTHEASTERN MATERIALS CORP., and
Liberty Mutual Insurance Company, Appellees.
TEXT: PER CURIAM. The deputy commissioner denied wage loss benefits for the period commencing
with...aimant attempted to persuade the other employee to lie by corroborating claimant s story that
he aggravated his hand injury while driving the truck.
320-CITE: 492 So.2d 1379 SAUNDERS CONTRACTING and Cincinatti Insurance Company, Appellants, v. Anthony
Lee CLEMENS, Appellee.
TEXT: ERVIN, Judge. The employer carrier (e c) appeals an award by the deputy commissioner (dc)
of...I would follow the established applicable case law and reverse the order directing the E C to
provide the claimant with rehabilitation by Statewide.
321-CITE: 725 So.2d 468 MERCADO ORIENTAL, INC., Appellant, v. Maynor MARIN, Appellee.
TEXT: PER CURIAM. Mercado Oriental, Inc., appeals a non-final order requiring at least $40,000
fro...e deficiencies standing alone, much less their aggregate, compels reversal. *470 Reversed and
remanded with instructions to dissolve the injunction.
322-CITE: 642 So.2d 630 Valencia JACKSON, Appellant, v. LANDMARK LEARNING CENTER and Division of Risk
Management, Appellees.
TEXT: LAWRENCE, Judge. Claimant Valencia Jackson (Jackson) appeals a workers compensation order
de...d REVERSE and REMAND in part, with instructions that the JCC adjust Jackson s AWW and
compensation rate accordingly. JOANOS and DAVIS, JJ., CONCUR.
323-CITE: 644 So.2d 1368 Kenneth D. McRAE, Appellant, v. Taylor DOUGLAS, as Sheriff of Putnam County,
Florida, Appellee.
TEXT: COBB, Judge. McRae appeals from two orders, which together dismissed his four count
complain... the plaintiff cannot state a viable cause of action, dismissal of his amended complaint
is affirmed. AFFIRMED. DAUKSCH and THOMPSON, JJ., concur.
324-CITE: 688 So.2d 392 Daniel NEAL, Appellant, v. STATE of Florida, Appellee.
TEXT: WEBSTER, Judge. In this direct criminal appeal, appellant argues that the trial court
commit...tion 924.051(3), Florida Statutes (Supp.1996). AFFIRMED IN PART; REVERSED IN PART; and
REMANDED, with directions. MINER and LAWRENCE, JJ., concur.
325-CITE: 497 So.2d 276 Richard Lester URBANAK and Nancy Urbanak, his wife, Appellants, v. John HINDE,
individually and as agent of Charlie Toppino & Sons, Inc., and Charlie Toppino & Sons, Inc., a
Florida corporation, Hickman Moving and Storage Co., Inc., United Van Lines, Inc., a k a United Van
Lines, and Bud Baldwin, Appellees.
TEXT: DANIEL S. PEARSON, Judge. Richard Urbanak, a plaintiff below, appeals from a final judgment
...icle, and that, therefore, the admissibility and deduction of his collateral source payments are
governed by the Florida Motor Vehicle No-Fault Law.
326-CITE: 709 So.2d 1381 AUTO BUILDERS SOUTH FLORIDA, INC., etc., Petitioner, v. Daniel M. BUCCI,
Respondent.
TEXT: SHAW, Justice. We have for review Bucci v. Auto Builders South Florida, Inc., 690 So.2d
1387...nt of the trial court. It is so ordered. KOGAN, C.J., and OVERTON, HARDING and WELLS, JJ.,
concur. ANSTEAD, J., dissents. PARIENTE, J., recused.
327-CITE: 678 So.2d 503 UNIVERSITY OF FLORIDA and Division of Risk Management, Appellants, v. Lula Mae
COLLINS, Appellee.
TEXT: PER CURIAM. The University of Florida (Employer) and Division of Risk Management (Carrier)
a...enefit. The JCC may receive additional evidence. AFFIRMED in part, REVERSED in part, and
REMANDED. BARFIELD, C.J., and KAHN and DAVIS JJ., concur.
328-CITE: 655 So.2d 153 Gloria H. ROSEN, Appellant Cross-Appellee, v. Robert ROSEN, Appellee
Cross-Appellant.
TEXT: BASKIN, Judge. Gloria Rosen, the wife, appeals a final judgment of dissolution of marriage
a...gment, reverse the Rule 1.540 order and remand the cause. Judgment affirmed, in part; reversed,
in part; Rule 1.540 order reversed; cause remanded.
329-CITE: 697 So.2d 1011 Frank SAVINO, Appellant, v. FLORIDA DRIVE IN THEATRE MANAGEMENT, INC., a
Florida corporation, Appellee.
TEXT: PER CURIAM. The appellant plaintiff appeals from the dismissal of his personal injury
action... for review. See Tillman v. State, 471 So.2d 32, 35 (Fla.1985). AFFIRMED. WARNER and
FARMER, JJ., and DONNER, AMY STEELE, Associate Judge, concur.
330-CITE: 597 So.2d 302 Michael Thomas PATTON, Appellant, v. STATE DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, OFFICE OF CHILD SUPPORT ENFORCEMENT, ex rel. D.A.R., Appellee.
TEXT: PER CURIAM. Affirmed. SCHEB, A.C.J., and LEHAN and ALTENBERND, JJ., concur. ON MOTION FOR
...atter to the *304 attention of The Florida Bar to handle as it sees fit. The motion for
rehearing is denied. SCHEB, A.C.J., and LEHAN, J., concur.
331-CITE: 473 So.2d 806 NATIONAL DISTILLERS and Aetna Casualty & Surety Co., Appellants, v. Richard
GUTHRIE, Appellee.
TEXT: ZEHMER, Judge. National Distillers and its workers compensation carrier appeal two orders,
e...nths prior to closing so as to enable the trier of fact to allocate appropriate portions of the
commissions to the months in which they were earned.
332-CITE: 560 So.2d 1289 Robert BATH, Appellant, v. SHEE-CON, INC. and Florida Insurance Guaranty
Association, Appellees.
TEXT: BOOTH, Judge. This cause is before us on appeal of an order rejecting inclusion of lodging
a...s when injured while performing Guard activities, National Guard membership is still considered
concurrent employment within the meaning of the Act.
333-CITE: 495 So.2d 270 Howell James TUTEN, Appellant, v. Betty Jane TUTEN, Appellee.
TEXT: SCHEB, Judge. In a dissolution of marriage proceeding, the court ordered Howell James
Tuten,...mount for the December 16 contempt. We remand for further proceedings consistent with Bowen
and this opinion. DANAHY, C.J., and CRIMES, J., concur.
334-CITE: 443 So.2d 159 Joseph G. ROUKOUS, Appellant, v. ESTATE OF Ruby J. KERNAN, Deceased, et al.,
Appellees.
TEXT: MILLS, Judge. Roukous appeals from a final judgment which denied his $38,272 claim against
t...ed. Mrs. Kernan s signature on the statement could not act to revive a previously nonexisting
debt. AFFIRMED. THOMPSON and WIGGINTON, JJ., concur.
335-CITE: 615 So.2d 211 STANLEY STEEMER INTERNATIONAL and Maryland Casualty Company, Appellants, v.
Charles H. PRESCOTT, Appellee.
TEXT: PER CURIAM. Appellants, the employer and carrier, challenge a worker s compensation order
aw...sion in question. Accordingly, this cause is remanded to the judge for a recalculation of
appellee s wage loss. SMITH, ALLEN and WOLF, JJ., concur.
336-CITE: 640 So.2d 154 John G. TIERNEY, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, and Bern
s Steak House, Inc., Appellees.
TEXT: PER CURIAM. The appellant, John G. Tierney, challenges the Florida Unemployment Appeals
Comm...s full time employment with First Florida Bank. Reversed and remanded with instructions.
CAMPBELL, A.C.J., and SCHOONOVER and QUINCE, JJ., concur.
337-CITE: 465 So.2d 629 Richard A. HENNING, Petitioner, v. Honorable Robert T. SHAFER, Jr., Respondent.
TEXT: RYDER, Chief Judge. The defendant debtor, pro se, petitioned for a writ of certiorari to
rev...nishment under 15 U.S.C.A. Section 1673(a)(1). The court did not err, therefore, we affirm.
GRIMES, J., and BOARDMAN, EDWARD F. (Ret.), J., concur.
338-CITE: 611 So.2d 1360 PLM FLORIDA HOTELS, INC. and Continental Loss Adjusting and Services, f k a
Underwriters Adjusting Company, Appellants Cross-Appellees, v. Colette DeMARSEUL, Appellee
Cross-Appellant.
TEXT: BOOTH, Judge. This cause is before us on appeal and cross appeal from an order of the judge
...er appealed from is affirmed in part, reversed in part, and remanded for proceedings consistent
with this opinion. SMITH and BARFIELD, JJ., concur.
339-CITE: 565 So.2d 811 Diana W. GREEN, et al., Appellants, v. EASTERN AIR LINES, INC. and Florida
Unemployment Appeals Commission, Appellees.
TEXT: PER CURIAM. In this appeal, some 1,000 former flight attendants of Eastern Air Lines, Inc.,
...ve that they were not exempted from disqualification. This was a misapprehension of the law. Id.
Consequently, we affirm the order herein appealed.
340-CITE: 599 So.2d 1028 Laurel BEREZ and Burton Berez, Appellants Cross Appellees, v. Luisa TREADWAY
and Charles Treadway, Appellees Cross Appellants.
TEXT: HERSEY, Judge. In this case involving injuries caused by several dog bites, the jury
initial...it in any other points on appeal or cross appeal. We reverse and remand for a new trial.
REVERSED AND REMANDED. ANSTEAD and GARRETT, JJ., concur.
341-CITE: 659 So.2d 1374 DENNY S RESTAURANT, Appellant, v. Jody BELL, Appellee.
TEXT: ALLEN, Judge. The employer carrier appeal a workers compensation order by which unreported
t...t of this responsibility and the consequences of a failure to report. The appealed order is
affirmed. DAVIS, J. and SHIVERS, Senior Judge, concur.
342-CITE: 708 So.2d 976 ARENA DEVELOPMENT COMPANY, LTD., a Florida limited partnership, Appellant, v.
BROWARD COUNTY, a political subdivision of the State of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Arena Development Company, Ltd., filed a declaratory relief action
ag... the fact to force a party to comply with a term which was not negotiated and which did not
become a part of the bargain struck between the parties.
343-CITE: 511 So.2d 670 CITY OF MIAMI BEACH and Southern Fire Adjusters, Appellants, v. Charles
GARABEDIAN, Appellee.
TEXT: MILLS, Judge. The claimant in this workers compensation appeal was involved in an
industrial...bursement for compensation benefits is AFFIRMED; the denial of reimbursement for
medical benefits is REVERSED. WENTWORTH and BARFIELD, JJ., concur.
344-CITE: 448 So.2d 533 CITY OF MIAMI, Appellant, v. James P. SIGMAN, Appellee.
TEXT: PER CURIAM. Appellant, City of Miami, appeals from an order directing that a police
officer,...ll notify the executive secretary in writing, stating the nature of his her grievance
and requesting a hearing by the board [Civil Service Board].
345-CITE: 611 So.2d 7 S.E. ENVIRONMENTAL CONTRACTORS, INC. and Cigna Insurance Company, Appellants, v.
Hedley CAYASSO, Appellee.
TEXT: ALLEN, Judge. The employer carrier appeal a workers compensation order by which the judge
de...a should have been applied in the present case. The appealed order is therefore reversed, and
the cause is remanded. WOLF and WEBSTER, JJ., concur.
346-CITE: 678 So.2d 366 Cathi A. BOSTIC, Appellant, v. Terrance A. BOSTIC, Appellee.
TEXT: QUINCE, Judge. Cathi A. Bostic seeks review of a trial court order refusing to enforce an
in...set-off of the monies due under the note. We, therefore, reverse and remand for further
proceedings. SCHOONOVER, A.C.J., and PATTERSON, J., concur.
347-CITE: 642 So.2d 113 Joe ELLIS, Appellant, v. CITY OF FROSTPROOF and Insurance Servicing & Adjusting,
Appellees.
TEXT: ALLEN, Judge. The claimant appeals a workers compensation order which established his
averag... is therefore reversed as to the AWW determination. The order is *115 otherwise affirmed,
and the cause is remanded. BOOTH and BENTON, JJ., concur.
348-CITE: 438 So.2d 995 Angus Lee CLEMMONS, Appellant, v. C.A. CARROLL and United States Fidelity &
Guaranty, Appellees.
TEXT: PER CURIAM. The order entered by deputy commissioner Michael J. DeMarko in this case is as
f...estion was not briefed and is not necessarily decided in passing on this appeal. AFFIRMED.
ROBERT P. SMITH, Jr., BOOTH and WIGGINTON, JJ., concur.
349-CITE: 543 So.2d 302 Richard POPOVICH, Appellant, v. OVERLAND TRANSPORT and INA AETNA, Appellees.
TEXT: WIGGINTON, Judge. Appellant appeals the deputy commissioner s denial of his claim against
ap...r entry of an order awarding appellant an additional $4,420.80 payment from appellee. REVERSED
and REMANDED. SMITH, C.J., and SHIVERS, J., concur.
350-CITE: 503 So.2d 1327 James WITZKY, Appellant, v. WEST COAST DUPLICATING & CLAIMS CENTER, Appellee.
TEXT: ZEHMER, Judge. Claimant, James Witzky, appeals an order of the deputy commissioner
excluding...employer and servicing agent, rather than claimant, have brought this appeal? Cf.
National Distillers v. Guthrie, 473 So.2d 806 (Fla. 1st DCA 1985).
351-CITE: 473 So.2d 839 MILLO TRASH SERVICE CO. and Fireman s Fund American Insurance Co., Appellants,
v. Julian MILLO, Appellee.
TEXT: NIMMONS, Judge. The employer carrier appeal from an order awarding wage-loss benefits to
the...imant was obligated to seek more remunerative employment elsewhere. We have, therefore, not
considered any such contention in reaching our decision.
352-CITE: 707 So.2d 801 EDWARD WATERS COLLEGE, INC., Appellant, v. Glorious JOHNSON, Appellee.
TEXT: PER CURIAM. Glorious Johnson sued Edward Waters College, Inc., alleging she was terminated
f...s. REVERSED and REMANDED for further proceedings consistent with this opinion. BOOTH and VAN
NORTWICK, JJ., and COSTELLO, Associate Judge, concur.
353-CITE: 459 So.2d 326 CITY OF MIAMI, Appellant, v. James SIMPSON and Division of Workers Compensation,
Appellees.
TEXT: NIMMONS, Judge. The City of Miami appeals from an order of the deputy commissioner awarding
... therefore modified to so reflect. The motion for rehearing is otherwise Denied. *330 ERVIN,
C.J., and NIMMONS, J., concur. JOANOS, J., dissents.
354-CITE: 625 So.2d 42 WOOD & WOOD and Shelby Insurance Group, Appellants, v. Irwin DORT, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from an order of the judge of compensation
c...84. The order appealed from is affirmed in part, reversed in part, and remanded for proceedings
consistent herewith. KAHN and MICKLE, JJ., concur.
355-CITE: 706 So.2d 68 Sergio CABANAS, Appellant, v. WOMACK & BASS, P.A., Appellee.
TEXT: SHEVIN, Judge. Sergio Cabanas appeals a final summary judgment in his breach of employment
a...mary judgment was error and must be reversed. Based on the foregoing reasoning, we reverse the
summary judgment and remand for further proceedings.
356-CITE: 463 So.2d 1241 Mark A. OLDS, Johnny Olds, and Doris Olds, Appellants, v. Herbert L. STEPHENSON
and Ruth S. Stephenson, Appellees.
TEXT: OTT, Acting Chief Judge. This is an appeal by a minor and his parents from a final judgment
...d or prejudiced. We therefore VACATE AND SET ASIDE THE JUDGMENT and REMAND for a new trial on
the issue of damages. DANAHY and LEHAN, JJ., concur.
357-CITE: 552 So.2d 961 Alfred GRACE, Appellant, v. COLLIER COUNTY SCHOOL BOARD and Gallagher Bassett
Services, Appellees.
TEXT: ERVIN, Judge. In this workers compensation appeal, claimant seeks reversal of an order
denyi...hograph, we reverse the judge s order and remand the case for further proceedings in
accordance with this opinion. NIMMONS and ZEHMER, JJ., concur.
358-CITE: 453 So.2d 551 Orvilla WHILDEN, Appellant, v. H.B.A. CORPORATION d b a Broward Convalescent
Home and Century ELevator Company, Inc., Appellees.
TEXT: PER CURIAM. Affirmed. See Sasso v. Ram Property Management, 431 So.2d 204 (Fla. 1st DCA
1983...mination. The legislature, fortunately, has recognized this problem and eliminated this
discriminatory provision from the current statutory scheme.
359-CITE: 690 So.2d 589 Daniel Edward BROWARD, Petitioner, v. JACKSONVILLE MEDICAL CENTER, Respondents.
TEXT: GRIMES, Justice. We have for review a decision addressing the following question certified
t...n. Because I find nothing to compel or persuade the majority to reach its conclusion, I am
compelled and persuaded to dissent. WELLS, J., concurs.
360-CITE: 593 So.2d 254 PENSACOLA JUNIOR COLLEGE FACULTY ASSOCIATION, Appellant, v. BOARD OF TRUSTEES OF
PENSACOLA JUNIOR COLLEGE and the Public Employees Relations Commission, Appellees.
TEXT: WIGGINTON, Judge. Appellant, Pensacola Junior College Faculty Association, a labor union,
ap...arge against the college with directions that the Commission adopt the recommended conclusions
stated in the hearing officer s order of May 9, 1990.
361-CITE: 735 So.2d 530 SUGAR CANE GROWERS COOPERATIVE OF FLORIDA, INC., Appellant, Cleveland PINNOCK
and Hezekia Jonathan Patterson, on behalf of themselves, and all other persons similarly situated,
Appellees.
TEXT: ON MOTION FOR REHEARING WARNER, J. We deny the motion for rehearing and rehearing en banc
b...ers no less than the same benefits, wages, and working conditions which the employer is
offering, intends to offer, or will provide to H-2A workers.
362-CITE: 717 So.2d 1097 Doreen MATIYOSUS and Stuart Matiyosus, Appellants Cross-Appellees, v. Charles
Henry KEATEN and Allstate Insurance, etc., Appellees Cross-Appellants.
TEXT: W. SHARP, Judge. Both the plaintiffs, Doreen and Stuart Matiyosus, and the defendant,
Charle...the jury had been sent back with a corrected verdict form, it may have awarded her $5,000
in another form or found that her injtuies were permanent.
363-CITE: 440 So.2d 49 SEARS, ROEBUCK AND COMPANY, Appellant, v. Rafael VIERA and Division of Workers
Compensation, Appellees.
TEXT: WIGGINTON, Judge. The self-insured employer disagrees with the deputy commissioner s
retroac...AFFIRMED in part, REVERSED in part, and remanded for further proceedings consistent with
this opinion. ROBERT P. SMITH, Jr. and BOOTH, JJ., concur.
364-CITE: 459 So.2d 343 COMMUNITY DESIGN CORPORATION, Appellant, v. Joseph D. ANTONELL, Appellee.
TEXT: NESBITT, Judge. Community Design Corporation (CDC) appeals a final judgment against it in a
...ion of the Florida Statutes, Section 713.29.) We find no merit in Antonell s cross-appeal.
Accordingly, the judgment is, in all respects, affirmed.
365-CITE: 555 So.2d 1211 BROWARD COUNTY, Petitioner, v. Keith FINLAYSON, et al., Respondents.
TEXT: OVERTON, Justice. We have for review Broward County v. Finlayson, 533 So.2d 817 (Fla. 4th
DC...es v. Boyd, 525 So.2d 432 (Fla. 1st DCA 1988), authorize interest on back pay. I believe these
cases were wrongly decided and would disapprove them.
366-CITE: 454 So.2d 65 Jaime SOSA, Appellant Cross-Appellee, v. JERNIGAN TRUCKING COMPANY and Fidelity &
Casualty of New York, Appellees Cross-Appellants.
TEXT: ERVIN, Chief Judge. Claimant appeals an order of the deputy commissioner permitting the
empl...ayments to $37.22, or one-half the proper compensation rate until the past overpayments were
recovered. Affirmed. JOANOS and NIMMONS, JJ., concur.
367-CITE: 755 So.2d 721 BUILDER S SQUARE, INC., Appellant Cross-Appellee, v. James SHAW, Appellee
Cross-Appellant.
TEXT: ON MOTION FOR CLARIFICATION, REHEARING AND REHEARING EN BANC PER CURIAM. Builder s Square
h...ords were ever uttered. Accordingly, I find our initial opinion which had comments critical of
the quote was well taken and should not be retracted.
368-CITE: 590 So.2d 1028 NATIONAL ADVERTISING 3M and Gab Business Services, Appellants, v. Elaine WISE,
Appellee.
TEXT: WIGGINTON, Judge. Appellants, employer carrier, appeal the judge of compensation claims
orde...REMANDED for further proceedings, if necessary, and for entry of a new order in light of the
errors recognized herein. ERVIN and WOLF, JJ., concur.
369-CITE: 648 So.2d 836 SOUTHLAND CORPORATION and Kemper Group, Appellants, v. Diane KNAPP, Appellee.
TEXT: BARFIELD, Judge. The employer carrier (E C) appeal a worker s compensation order awarding
te...d the case is REMANDED to the Judge of Compensation Claims for determination of the amount of a
reasonable fee. KAHN and VAN NORTWICK, JJ., concur.
370-CITE: 692 So.2d 896 ESCAMBIA COUNTY SHERIFF S DEPARTMENT, et al., Petitioner, v. Thomas GRICE,
Respondent.
TEXT: PER CURIAM. We have for review a decision ruling upon the following question certified to
be... punishable as provided in Section 775.083. (2) No agreement by an employee to waive his
right to compensation under this chapter shall be valid.
371-CITE: 727 So.2d 968 VENCOR HOSPITAL and Sentry Claims Service, Appellants, v. Kelly Denise AHLES,
Appellee.
TEXT: PADOVANO, Judge. Vencor Hospital and Sentry Claims Service, the employer and carrier,
appeal...n. Section 440.14(4)(a), Fla.Stat. (1995). Since that amount did not entitle her to
indemnity benefits, the award of such benefits must be reversed.
372-CITE: 552 So.2d 250 Michael J. CARVELL, Appellant, v. CAVINESS MOTOR COMPANY, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal of an order determining claimant s average
w...gly, on remand the judge is instructed to include the value of the demonstrator in claimant s
average weekly wage. NIMMONS and ZEHMER, JJ., concur.
373-CITE: 731 So.2d 141 George DIXON, Appellant Cross-Appellee, v. PASADENA YACHT & COUNTRY CLUB and
Alexsis, Inc., Appellees Cross-Appellants.
TEXT: ERVIN, J. Three issues are raised in this appeal and cross-appeal: (1) whether permanent
tot....D.1998). *145 AFFIRMED in part, REVERSED in part and REMANDED for further proceedings
consistent with this opinion. ALLEN and DAVIS, JJ., CONCUR.
374-CITE: 493 So.2d 67 Franklin Eugene WATERS, Appellant, v. ITT RAYONIER, INC., Appellee.
TEXT: SHIVERS, Judge. Appellant Waters, plaintiff in the trial court, appeals the entry of a
summa... the hazardous conditions contributed. The fact that the case would not likely be believed
by a jury is irrelevant for purposes of summary judgment.
375-CITE: 636 So.2d 1367 Gordon J. GLUESENKAMP, III, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Gordon J. Gluesenkamp, III, appeals from an order awarding
restitutio...n to the victim s parents. This cause is affirmed in all other respects. AFFIRMED in
part, REVERSED in part. MINER, MICKLE and DAVIS, JJ., concur.
376-CITE: 464 So.2d 261 Eldred HORNE, Appellant, v. Alter SALES and American Mutual Insurance Company of
Boston, Appellees.
TEXT: ORDER Appellees Motion to Strike Appellant s Motion for Rehearing and Motion to Recall
Manda...mant s reliance in part upon job search evidence to meet his initial burden of showing
causal connection between injury or impairment and wage loss.
377-CITE: 695 So.2d 275 THE FLORIDA BAR, Complainant, v. FLORIDA FIRST FINANCIAL GROUP, INC., and Reed
Lienhart, a k a Anthony Rossi, a k a Mike Steele, As Principal and Director of Florida First
Financial Group, Inc., and Individually, and Terry Don Smith, a k a Pete Wilson, Individually,
Respondents.
TEXT: PER CURIAM. We have for review the referee s report regarding the unlicensed practice of
law.... It is so ordered. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ.,
concur. ------------ (FN4) Warren, 655 So.2d at 1132.
378-CITE: 528 So.2d 1250 Barry MESCH and Caryl Mesch, his wife, and El-Don, Inc., Appellants, v. Pat
BERRY, d b a Berry Construction, Appellee.
TEXT: ERVIN, Judge. In this appeal from a judgment recovered by Berry, the subcontractor in a
mech...rovisions of section 713.24. AFFIRMED in part, REVERSED in part and REMANDED for further
consistent proceedings. BOOTH and WENTWORTH, JJ., concur.
379-CITE: 630 So.2d 672 Jerome HELFANT, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. In this case, as part of the sentence, a trial judge required the defendant
t...a) must be reversed. We remand the case to the trial court to enter a corrected order of
restitution. REVERSED. GLICKSTEIN and POLEN, JJ., concur.
380-CITE: 530 So.2d 509 Jennie GREER, Appellant, v. STATE AUTOMOBILE INSURANCE COMPANY, Appellee.
TEXT: STONE, Judge. Jennie Greer was injured in an automobile accident in the course of her
employ...considered by the trial court. We therefore reverse and remand for further proceedings.
GUNTHER, J., and TOBIN, DAVID L., Associate Judge, concur.
381-CITE: 668 So.2d 1034 Jeffrey BEYTIN a k a Dr. Jeff Beytin, D.C., and The Beytin Clinic, P.A.,
Appellants, v. Kyle D. REMMEL a k a Dr. Kyle D. Remmel, D.C., David Nusbaum, Coastal Rehabilitation
& Diagnostic Services, Inc., and Dr. Kyle D. Remmel & Associates, P.A., Appellees.
TEXT: DANAHY, Acting Chief Judge. The appellants filed a four-count complaint seeking money
damage...ytin complains that the final judgment should have included the words for which let
execution issue. That omission can be easily remedied on remand.
382-CITE: 651 So.2d 190 Karen CHILTON, Appellant, v. ATLANTA CASUALTY COMPANY, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Karen Chilton, challenges the summary judgment entered in favor
...mpanies to provide insurance coverage without any consideration during the initial policy period.
Affirmed. RYDER, A.C.J., and QUINCE, J., concur.
383-CITE: 532 So.2d 1329 CENTENNIAL INSURANCE COMPANY, Appellant, v. James FULTON and Sara Fulton,
Appellees.
TEXT: SCHWARTZ, Chief Judge. Centennial Insurance Company, the appellee Fulton s uninsured
motoris...o do so. Based on this record the trial court did not abuse its discretion or err as a
matter of law when it denied Centennial s claim for a setoff.
384-CITE: 660 So.2d 1166 John M. REGAN, Appellant, v. Debra Jo REGAN, Appellee.
TEXT: PER CURIAM. John M. Regan, the father, appeals an order modifying child custody and a
relate...curring in part and dissenting in part), review denied, 649 So.2d 870 (Fla.1994). To the
extent that the majority approves this decision, I dissent.
385-CITE: 588 So.2d 1035 Howard GILL, Appellant, v. USX CORPORATION and Alexsis, Inc., Appellee.
TEXT: ERVIN, Judge. Appellant Howard Gill appeals an order denying him wage-loss (WL) benefits
bet...s, interest, penalties, and attorney s fees. REVERSED and REMANDED for proceedings consistent
with this opinion. ZEHMER and BARFIELD, JJ., concur.
386-CITE: 695 So.2d 456 Christopher M. GALANTE, Appellant, v. USAA CASUALTY INSURANCE COMPANY, a Florida
corporation, Appellee.
TEXT: FARMER, Judge. In this uninsured motorist (UM) case, the insured settled with the
tortfeasor...section. The amount of coverage available under this section shall not be reduced by a
setoff against any coverage, including liability insurance.
387-CITE: 461 So.2d 144 SPRINKLER FITTERS AND APPRENTICES LOCAL UNION NO. 821, U.A., a labor
organization, Roy Citty, Jr., Dale Cress, Ricky Diaz, Steve Gilnet, Burton Mears, Hershall Mears,
Phil Neiendam, V.O. Orr, Jerry Patterson, Billy H. Rayburn, David Ziroff, National Automatic
Sprinkler Industry Welfare Fund, National Automatic Sprinkler Industry Pension Fund, and U.A. Local
821 Joint Apprenticeship Training Program Fund of the State of Florida, Appellants, v. F.I.T.R.
SERVICE CORPORATION, f k a Frank H. Inscho & Associates, Inc., a dissolved Florida corporation, and
Fidelity and Deposit Company of Maryland, a foreign corporation, Appellees.
TEXT: PER CURIAM. The appellants, the plaintiffs below, sued the appellees to enforce their
claims... Statute, which did not include others, trustees could not assert lien where not included
in specified classes of persons entitled to claim liens).
388-CITE: 705 So.2d 123 Joseph E. WHITE, Appellant, v. Sandra G. WHITE, Appellee.
TEXT: NORTHCUTT, Judge. Joseph White challenges the circuit court s modification of the final
judg...rd the husband the entire amount of the settlement. Affirmed in part, reversed in part and
remanded. CAMPBELL, A.C.J., and ALTENBERND, J., concur.
389-CITE: 715 So.2d 1094 Robert E. PATE and Honoly Pate, his wife, Appellants, v. Michael David RENFROE,
II, Appellee.
TEXT: DAVIS, Judge. Robert E. Pate, the plaintiff below in a personal injury action arising out
of...95.20, *1100 less the jury award to Pate of $17,000. AFFIRMED IN PART, REVERSED IN PART AND
REMANDED WITH DIRECTIONS. MINER and WOLF, JJ., concur.
390-CITE: 436 So.2d 335 SEA WORLD OF FLORIDA and the Hartford Insurance Group, Appellants
Cross-appellees, v. Scott ANDERSON, Appellee Cross-appellant.
TEXT: MILLS, Judge. In this workers compensation action, the employer carrier appeals the
inclusio...the deputy commissioner is affirmed and appellee cross-appellant is granted fees of
$1,250. AFFIRMED. ERVIN, C.J., and LARRY G. SMITH, J., concur.
391-CITE: 477 So.2d 21 Mozelle E. JOHNSON, Appellant, v. John C. JOHNSON, Deceased, et al., Appellees.
TEXT: BARFIELD, Judge. Mozelle E. Johnson appeals a final workers compensation order in which the
... remain. In this case, there was nothing to award the mother after the children were given their
shares. AFFIRMED. SMITH and SHIVERS, JJ., concur.
392-CITE: 481 So.2d 968 STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, OFFICE of CHILD SUPPORT
ENFORCEMENT, on Behalf of Cherrie WHITMAN, Appellant, v. Michael Clark WHITMAN, Appellee.
TEXT: SCHEB, Judge. The Department of Health and Rehabilitative Services (HRS) appeals a final
ord....2d 329 (Fla. 4th DCA 1981). Reversed and remanded for further proceedings consistent with
this opinion. GRIMES, A.C.J., and CAMPBELL, J., concur.
393-CITE: 689 So.2d 438 Anthony SISTO and Theresa Sisto, Appellants, v. AETNA CASUALTY AND SURETY
COMPANY, Appellee.
TEXT: PARIENTE, Judge. Appellants (plaintiffs), who each claimed injuries in an automobile
acciden... the general, generic question of whether they would follow the law. REVERSED AND
REMANDED FOR A NEW TRIAL. GLICKSTEIN and STEVENSON, JJ., concur.
394-CITE: 552 So.2d 908 INTERNATIONAL BANKERS INSURANCE COMPANY, Petitioner, v. Susan ARNONE,
Respondent. GREAT OAKS CASUALTY INSURANCE COMPANY, Appellant, v. Raisha KELLY, Appellee.
TEXT: EHRLICH, Chief Justice. These consolidated cases present the issue of whether the
deductible...l and burial expenses which are provided for in section 627.736(1)(c) are exempt from
application of the deductible, pursuant to section 627.739(2).
395-CITE: 632 So.2d 129 Jerry WEISS, Appellant, v. CITY OF TAMPA POLICE DEPARTMENT and Alexsis Risk
Management Services, Inc. Appellee.
TEXT: SMITH, Judge. Claimant appeals an order of the Judge of Compensation Claims (JCC)
determinin...rwise met his considerable burden, demonstrating the constitutional infirmity of this
particular statute. AFFIRMED. ALLEN and MICKLE, JJ., concur.
396-CITE: 545 So.2d 1341 David J. WEISFELD, Petitioner, v. Pauline S. WEISFELD, Respondent.
TEXT: OVERTON, Justice. We have for review Weisfeld v. Weisfeld, 513 So.2d 1278 (Fla. 3d DCA
1987)... accordance with the views expressed in this opinion. It is so ordered. EHRLICH, C.J., and
McDONALD, SHAW, BARKETT, GRIMES AND KOGAN, JJ., concur.
397-CITE: 627 So.2d 76 Blanca E. VEGAS, Appellant, v. GLOBE SECURITY and CIGNA, Appellees.
TEXT: EN BANC KAHN, Judge. Blanca E. Vegas, formerly employed as a security guard at Miami
Intern...rued to provide precedent or support for ignoring the clear statutory intent merely because
of the court s disagreement with the legislative policy.
398-CITE: 613 So.2d 1353 William V. GRUBER, Jr., Appellant, v. BUDD SERERINO GUTTERS & SIDING and
Executive Risk Consultants, Appellees.
TEXT: ERVIN, Judge. Claimant, William V. Gruber, Jr., appeals an order establishing his average
we...he most applicable of the alternative methods provided in section 440.14(1)(b) through (g).
REVERSED and REMANDED. BOOTH and WEBSTER, JJ., concur.
399-CITE: 726 So.2d 775 OKEECHOBEE HEALTH CARE and Associated Industries Insurance Company, Inc.,
Appellants, v. Ann COLLINS, Appellee.
TEXT: BENTON, Judge. Ann Collins was injured in an accident arising out of her employment on
Janua...ity benefits, temporary partial disability benefits, or any combination thereof, to a
maximum of 104 weeks. VAN NORTWICK and PADOVANO, JJ., concur.
400-CITE: 455 So.2d 537 Suzanne HIRSCHENSOHN, Appellant, v. David Wood PERSONNEL, American Mutual
Insurance Company and Division of Workers Compensation, Appellees.
TEXT: SHIVERS, Judge. In this workers compensation case, Hirschensohn appeals an order of the
depu...sult of her claim which were not voluntarily paid by the carrier and the claim for costs,
penalties, interest and attorneys fees is hereby denied.
401-CITE: 574 So.2d 1139 WEBB AUTOMOTIVE DISTRIBUTORS, INC., Appellant, v. Steven L. BAXTER, Appellee.
TEXT: WARNER, Judge. This is an appeal from a final judgment after appellee accepted a
remittitur....ith opinion. STONE, Judge, dissenting. I cannot say that the amount of the
remittitur was an abuse of discretion. I would affirm as to all issues.
402-CITE: 509 So.2d 1264 MONROE FURNITURE COMPANY and Aetna Casualty & Surety, Appellants, v. John
BONNER, Appellee.
TEXT: ERVIN, Judge. The appellant employer carrier (e c) appeals the final order of the deputy
com...and ZEHMER, JJ., concur. ------------ (FN4) The age requirement was deleted by the 1983
legislative session. See Ch. 83-305, Section 5, Laws of Fla.
403-CITE: 748 So.2d 383 Kelly Jo SIMS, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Appellee.
TEXT: COPE, J. Appellant Kelly Jo Sims was plaintiff below in an action against her uninsured
*384...sidering certain set-offs. The court then entered a judgment in favor of appellee for
attorney s fees and costs under the offer of judgment statute.
404-CITE: 564 So.2d 559 U.S. FOUNDRY & MANUFACTURING COMPANY and Gallagher Bassett Insurance Service,
Appellants, v. Jose SERPA, Appellee.
TEXT: SHIVERS, Chief Judge. The employer carrier (E C) appeal an order awarding permanent total
di...oyment. In doing so, we do not prejudice any entitlement claimant might have to wage loss and
rehabilitation benefits. BOOTH and WOLF, JJ., concur.
405-CITE: 492 So.2d 451 MURPHREE BRIDGE CORPORATION and United States Fidelity & Guaranty Company,
Appellants, v. Olin B. BROWN, Appellee.
TEXT: JOANOS, Judge. The employer and carrier in this workers compensation cause appeal a final
or...at psychiatric MMI has now been established. Reversed and remanded for proceedings consistent
with this opinion. SMITH and WIGGINTON, JJ., concur.
406-CITE: 679 So.2d 44 Kenneth OWENS, Appellant, v. STATE of Florida, Appellee.
TEXT: MICKLE, Judge. Kenneth Owens appeals a restitution order, claiming that (1) the amount
impos...EMANDED with directions. WEBSTER and LAWRENCE, JJ., concur. ------------ (FN1) The state
concedes that these two miscalculations must be corrected.
407-CITE: 673 So.2d 170 Francisco J. ACEVEDO, Jorge Luis Alvarez, Cesar A. Arias, Adrian Avila, Jorge L.
Bernal, et al., Appellants, v. CARIBBEAN TRANSPORTATION, INC., Appellee.
TEXT: BARKDULL, Judge. The forty-six plaintiffs in the trial court were truckers employed by
Carib...urt for further proceedings in connection therewith, consistent with this opinion. Affirmed
in part, reversed in part and remanded with directions.
408-CITE: 579 So.2d 891 Barbara SANTIESTEBAN, Appellant, v. Gilberto SANTIESTEBAN, Appellee.
TEXT: PER CURIAM. Within one year of an amended final judgment of dissolution, Barbara
Santiesteba...ade subsequent to the order denying the Rule 1.540(b) motion and original motion for
modification. Affirmed in part, reversed in part and remanded.
409-CITE: 498 So.2d 651 DICKERSON INC., and Aetna Casualty & Surety Company, Appellants, v. Frederick D.
McCLEARY, Appellee.
TEXT: WENTWORTH, Judge. Appellants, employer carrier, seek review of a workers compensation order
...ation of appellee s average weekly wage on the basis of his wage for service rendered (e.s.)
under the statute. BOOTH, C.J., and MILLS, J., concur.
410-CITE: 475 So.2d 947 OBS COMPANY, INC. and Mission Insurance Company, Appellants, v. Donald FREENEY,
Appellee.
TEXT: BOOTH, Chief Judge. This cause is before us on appeal from a workers compensation order
awar... CLAIMANT S ABILITY TO WORK, RESULTING IN ECONOMIC LOSS, BUT DOES NOT AFFECT THE ACTIVITIES
OF DAILY LIVING? WIGGINTON and BARFIELD, JJ., Concur.
411-CITE: 710 So.2d 106 BEVERLY ENTERPRISES-FLORIDA, INC., d b a Beverly Gulf Coast-Florida, Inc., dWa
Manhattan Convalescent Center, Appellant, v. AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee.
TEXT: ALTENBERND, Judge. Beverly Enterprises-Florida, Inc., appeals a final order rendered by the
... imposed, and remand for the imposition of a fine not exceeding $700. Affirmed in part, reversed
in part. CAMPBELL, A.C.J., and FRANK, J., concur.
412-CITE: 681 So.2d 920 FLORIDA ASSOCIATION OF STATE TROOPERS, Appellant, v. STATE of Florida and
Department of Management Services, Appellees.
TEXT: PER CURIAM. This is an appeal from a final order of the Public Employees Relations
Commissio...ue of the PERC order. Moreover, PERC s finding of overfragmentation is not an abuse of
discretion. AFFIRMED. ERVIN, KAHN, and BENTON, JJ., concur.
413-CITE: 484 So.2d 80 Perry Dell PRICE, Appellant, v. Linda Grace PRICE, Appellee.
TEXT: LEHAN, Judge. In this dissolution of marriage case the husband appeals from the trial court
... lump sum alimony payable in installments. Reversed and remanded for proceedings consistent
herewith. CAMPBELL, A.C.J., and SANDERLIN, J., concur.
414-CITE: 697 So.2d 158 BANKERS RISK MANAGEMENT SERVICES, INC., a Florida Corporation, Appellant
Cross-Appellee, v. AV-MED MANAGED CARE, INC., a Florida Corporation, Appellee Cross-Appellant.
TEXT: PATTERSON, Acting Chief Judge. Bankers Risk Management Services Inc. (Bankers) appeals from
...reverse the dismissal of the counterclaim for the same reasons. Affirmed in part, reversed in
part, and remanded. WHATLEY and QUINCE, JJ., concur.
415-CITE: 542 So.2d 1055 Douglas EVANS, Appellant, v. Kathie WALL, Appellee.
TEXT: ON MOTION FOR REHEARING FERGUSON, Judge. This case is about reimbursing a woman--ejected
fr... is certainly a matter of great public importance, worthy of the court s en banc consideration.
SCHWARTZ, C.J., and BARKDULL and LEVY, JJ., concur.
416-CITE: 596 So.2d 680 Charles HOPKINS, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION
and State of Florida, Division of Risk Management, Appellees.
TEXT: PER CURIAM. The claimant appeals a workers compensation order which determined his average
w...NDED to the judge of compensation claims for reconsideration of her calculations in light of our
holdings. ZEHMER, BARFIELD and ALLEN, JJ., concur.
417-CITE: 576 So.2d 1363 Jesse WALKER, Jr., Appellant Cross-Appellee, v. HEAVY MACHINERY TOOL &
TRANSPORTERS INC. and Mid-Century Insurance Company, Appellees Cross-Appellants.
TEXT: NIMMONS, Judge. The claimant appeals from the J.C.C. s order asserting error in the denial
o... respects. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent
with this opinion. BARFIELD and ALLEN, JJ., concur.
418-CITE: 667 So.2d 315 Frederick CHAMPLOVIER, Appellant Cross-Appellee, v. CITY OF MIAMI, Appellee
Cross-Appellant.
TEXT: EN BANC PER CURIAM. Frederick Champlovier was injured in 1978 in a compensable accident.
Hi...es retroactively. City of Miami v. Bell, 634 So.2d 163 (Fla.1994). The present appeal was in
the pipeline when the decision in Bell was handed down.
419-CITE: 434 So.2d 14 ALTMAN & SONS FARMS, and Florida Farm Bureau, Appellants, v. Fernardo RIVERA,
Appellee.
TEXT: WENTWORTH, Judge. The employer and its workers compensation insurance carrier (e c) appeal
a...he back of a pickup truck with his legs dangling over the tailgate when the driver accidentally
backed into a tree and crushed claimant s right leg.
420-CITE: 464 So.2d 590 Elaine RUDDY, Appellant, v. John F. RUDDY, Appellee.
TEXT: PER CURIAM. In this dissolution of marriage case, the wife makes two contentions on appeal.
...ether she complained about the trial court choosing particular property does not seem relevant to
the issue of whether the court had that authority.
421-CITE: 720 So.2d 614 Ronald Glenn PERRY and Leroy Hill, Appellants Cross Appellees, v. Andrew W.
ALLEN, Appellees Cross Appellant.
TEXT: KAHN, J. We have an appeal and cross-appeal from a final judgment entered after jury trial
i...ff s documentary and expert evidence. The trial court did not err by correcting an obvious
addition error. AFFIRMED. ERVIN and MINER, JJ., concur.
422-CITE: 447 So.2d 399 Joel STAHL, Appellant, v. SOUTHEASTERN X-RAY and Risk Management Services, Inc.,
Appellees.
TEXT: WENTWORTH, Judge. The claimant in this case, a 30 year old high school graduate, appeals an
...imant failed to satisfy his burden of demonstrating that the wage losses claimed thereafter were
a result of the compensable injury. I would affirm.
423-CITE: 741 So.2d 1257 The CADLE COMPANY, an Ohio corporation, Appellant, v. G & G ASSOCIATES, Peter
L. Grieco, and Comerica Bank and Trust, Appellees.
TEXT: PER CURIAM. This is an appeal of a non-final order of the trial court which had the effect
o... of garnishment as to the two accounts titled in the Griecos names and remand for an evidentiary
hearing. STONE, STEVENSON, and GROSS, JJ., concur.
424-CITE: 566 So.2d 328 George CURTIS, Appellant, v. BORDO CITRUS PRODUCTS and Liberty Mutual Insurance
Company, Appellees.
TEXT: NIMMONS, Judge. In this worker s compensation case, the claimant appeals the judge s denial
... We reverse and remand with directions to award such compensation. AFFIRMED in part, REVERSED in
part and REMANDED. BOOTH and ZEHMER, JJ., concur.
425-CITE: 479 So.2d 165 Joseph Louis BRYANT, Sinatria E. Williams, Donald Jackson, Thomas Hicks and
Frederick D. Goston, Appellants, v. SHANDS TEACHING HOSPITAL AND CLINICS, INC., et al., Appellees.
TEXT: SMITH, Judge. The issue on this appeal is whether Section 240.513(3)(b)2, Florida Statutes
(...ection 240.513(3)(b) does not purport to limit the Board of Education in its treatment of those
employees who chose to transfer to the new employer.
426-CITE: 617 So.2d 1156 Barbara A. MAZZELLA, M.D., Appellant, v. Peter P. BOINIS, as the General
Partner of Antonelli and Boinis Associates Limited Partnership, Appellee.
TEXT: ANSTEAD, Judge. This is an appeal from an order authorizing the garnishment of the wages of
...at parent provides more than one-half of the support for an adult child attending college. DELL,
J., concurs. LETTS, J., dissents without opinion.
427-CITE: 447 So.2d 998 IOWA NATIONAL MUTUAL INSURANCE COMPANY, Appellant Cross-Appellee, v. Elease
WORTHY, Appellee Cross-Appellant.
TEXT: COWART, Judge. This is an appeal from a judgment based on a jury verdict awarding punitive
d...f the release, allegedly procured by fraud, would not constitute ratification in absence of
knowledge of the (alleged) fraudulent inducement itself.
428-CITE: 512 So.2d 1107 S & A RESTAURANT CORP. and Travelers Insurance Co., Appellants, v. Eileen
GOETZ, Appellee.
TEXT: PER CURIAM. The award of costs to claimant is REVERSED. The appellee concedes that it was
er...s equivalent to that relied on in OBS Company, and would reverse the award of wage-loss *1109
benefits based on the absence of permanent impairment.
429-CITE: 500 So.2d 197 Alex ANSTEAD, Appellants, v. COX BROADCASTING and CNA Insurance, Appellees.
TEXT: SHIVERS, Judge. Alex Anstead, claimant in this worker s compensation case, appeals the
deput...st be thought of in terms of its impact on probable earnings, perhaps for the rest of his
life. Larson, Section 60.11, at 10-564 (emphasis suplied).
430-CITE: 604 So.2d 18 Clifford SAUNDERS, Appellant, v. Daniel T. ALOIS, Appellee.
TEXT: WARNER, Judge. This is an appeal from a final judgment in favor of defendant in a motor
vehi... has not demonstrated that the issues are so inextricably intertwined so as to require a new
trial on both. GLICKSTEIN, C.J., and LETTS J., concur.
431-CITE: 608 So.2d 886 Doris English SMEY, Appellant, v. Alfonso WILLIAMS and Eleanor Williams, his
wife, Appellees.
TEXT: COWART, Judge. In a personal injury action the jury was submitted a special verdict in
which... last proposition we agree. The evidence in this case is adequate to support the verdict
and, therefore, we AFFIRM. COBB and GRIFFIN, JJ., concur.
432-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.
433-CITE: 654 So.2d 1178 David J. THOMPSON, Appellant, v. CITY OF JACKSONVILLE, Appellee.
TEXT: BENTON, Judge. David J. Thompson, a certified public accountant with a master s degree in
bu...ed on permanent partial disability from that date to the date of hearing and, if appropriate,
thereafter. For these reasons, I respectfully dissent.
434-CITE: 726 So.2d 856 Ronald FLEAGLE, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. Ronald Fleagle, the insured, appeals from an order of final summary judgment
det...e dog that was riding in back of pickup truck bit passenger who had just exited from that
truck; truck was merely situs of injury). I would affirm.
435-CITE: 576 So.2d 379 AMALGAMATED TRANSIT UNION, LOCAL 1267, Appellant, v. BENEVOLENT ASSOCIATION OF
COACHMEN, INC., Broward County, Division of Mass Transit and Public Employees Relations Commission,
Appellees.
TEXT: PER CURIAM. Amalgamated Transit Union, Local 1267 intervenes in this appeal and seeks
review...the order of the Florida Public Employees Relations Commission. REVERSED. DELL and
GUNTHER, JJ., concur. ANSTEAD, J., concurs in conclusion only.
436-CITE: 497 So.2d 706 ZAYRE CORP., Appellant, v. James R. CREECH, Appellee.
TEXT: DOWNEY, Judge. Zayre Corporation appeals a final judgment in favor of appellee James R.
Cree...nd the cause is remanded to the trial court with directions to enter a judgment for Creech
for nominal damages only. LETTS and WALDEN, JJ., concur.
437-CITE: 481 So.2d 83 PAUL H. COWART BUILDING SPECIALTY and Whiting National Services, Inc.,
Appellants, v. Annette COWART, Appellee.
TEXT: THOMPSON, Judge. In this appeal the sole contention of the appellant employer carrier is
tha... order herein appealed is REVERSED. REVERSED and REMANDED for further proceedings consistent
with this opinion. WENTWORTH and JOANOS, JJ., concur.
438-CITE: 438 So.2d 405 Dick A. LEE, Appellant, v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR
VEHICLES, Appellee.
TEXT: HURLEY, Judge. The question on appeal is whether the Career Service Commission is empowered
... 876. Inasmuch as Trooper Lee has failed to demonstrate an abuse of discretion, the order on
appeal is AFFIRMED. GLICKSTEIN and DELL, JJ., concur.
439-CITE: 490 So.2d 1352 CUSTOM PAINTS and Cigna Insurance Company, Appellants, v. Maurice PHILBRICK,
Appellee.
TEXT: SMITH, Judge. The employer carrier appeal an order of the deputy commissioner awarding
tempo...one herein, proves unsuccessful, the owner-employee will be deemed to have earned the same
amount which he could have earned on the open job market.
440-CITE: 487 So.2d 75 REFCO, INC., Appellant, v. Guillermo SARMIENTO, Appellee.
TEXT: PER CURIAM. Refco, Inc. appeals from a final order of the trial court dissolving an order
of...3 (1931). Courts should carefully scrutinize situations where, as here, a writ of garnishment
is asserted against a family s sole income. Affirmed.
441-CITE: 746 So.2d 1175 James Allen SUTTON, Appellant, v. Susan Lee HART, Appellee.
TEXT: GREEN, J. The former husband appeals from a final judgment of dissolution and argues, among
...itative alimony was carefully tailored to meet that goal and was not an abuse of discretion. I
would affirm the trial court s order in its entirety.
442-CITE: 675 So.2d 584 CITIZENS NATIONAL BANK AND TRUST COMPANY, et al., Petitioners, v. Loue E.
STOCKWELL, Jr., et al., Respondents.
TEXT: HARDING, Justice. We have for review the decision in Stockwell v. Citizens National Bank
and...Second District Court of Appeals and disapprove Bennett. It is so ordered. KOGAN, C.J., and
OVERTON, SHAW, GRIMES, WELLS and ANSTEAD, JJ., concur.
443-CITE: 525 So.2d 432 DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. Eldora BOYD,
Carol L. Sheppard, and Public Employees Relations Commission, Appellees.
TEXT: WIGGINTON, Judge. Appellant, the Department of Health and Rehabilitative Services (HRS),
app...ent of interest in that case was not directly related to any claim aimed directly at action by
the state. AFFIRMED. BOOTH and ZEHMER, JJ., concur.
444-CITE: 730 So.2d 735 FIRST COLONY LIFE INSURANCE COMPANY, Appellant, v. SUN STATE CAPITAL FUNDING,
INC., and Patricia Ann Parker, formerly known as Patricia Ann Brown, Appellees.
TEXT: ALTENBERND, Judge. First Colony Life Insurance Company (First Colony) appeals a final order
...s. Reversed and remanded. PATTERSON, A.C.J., and BLUE, J., Concur. APPENDIX FUND ACQUISITION
AGREEMENT (ILLUSTRATION) continued through page 746
445-CITE: 734 So.2d 1068 Deneace M. JOSHUA, Appellant, v. CITY OF GAINESVILLE, Appellee.
TEXT: BROWNING, J. Deneace Joshua ( Appellant ) appeals the trial court s order finding her claim
...ON 760.11(8), FLORIDA STATUTES (1995), SO THAT AN ACTION FILED BEYOND THE ONE-YEAR PERIOD IS
TIME-BARRED? AFFIRMED. BOOTH and ALLEN, JJ., CONCUR.
446-CITE: 513 So.2d 1278 Pauline S. WEISFELD, Appellant, v. David J. WEISFELD, Appellee.
TEXT: NESBITT, Judge. Mrs. Weisfeld appeals the trial court s final judgment of marriage
dissoluti...oning an equitable distribution of the parties property). This cause is reversed and
remanded for further proceedings consistent With this opinion.
447-CITE: 467 So.2d 1091 Julie A. BRUMMER, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS
COMMISSION, and United States Postal Service, Appellees.
TEXT: HENDRY, Judge. Julie Brummer appeals from a final order of the appellee Florida
Unemployment...coup its unemployment compensation payments from a back pay award. That authority
must come from the legislature and not from this court. Reversed.
448-CITE: 541 So.2d 1160 LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 478, Petitioner, v.
Myrtice BURROUGHS, Respondent.
TEXT: GRIMES, Justice. Pursuant to article V, section 3(b)(3), of the Florida Constitution, we
acc...icial power, which must be exercised within the court system of this state--not by multiple
boards created by Florida s municipalities and counties.
449-CITE: 545 So.2d 932 Bertram CRAVEN, Appellant, v. METROPOLITAN DADE COUNTY, Appellee.
TEXT: FERGUSON, Judge. After an administrative hearing on charges of misconduct, Craven was
dismis...rinciple precludes consideration of points of law which were, or should have been,
adjudicated in a prior or former appeal of same case). Affirmed.
450-CITE: 682 So.2d 1235 Keith HALLAL, Appellant, v. RDV SPORTS, INC., and Orlando Magic, Ltd.,
Appellee.
TEXT: ANTOON, Judge. Keith Hallal appeals a final summary judgment entered in favor of RDV
Sports,...s an apprentice of the hospital because he received the benefits of acquiring practical
skills). AFFIRMED. PETERSON, C.J., and HARRIS, J., concur.
451-CITE: 581 So.2d 963 James NEWMEYER, Appellant, v. SOUTHEAST MORTGAGE COMPANY, Appellee.
TEXT: ON MOTION FOR REHEARING LEVY, Judge. The opinion released on this case, filed February 26,
...ase. Accordingly, the final summary judgment entered herein is reversed and this cause is
remanded for further proceedings. Reversed and remanded.
452-CITE: 545 So.2d 362 Shirley A. DeLONG, Natalie Y. DeLong, and Richard DeLong, Appellants, v. The
WICKES COMPANY d b a Wickes Lumber Centers, and Enrique L. Santiago, Appellees.
TEXT: PARKER, Judge. Shirley and Richard DeLong, wife and husband, and Natalie DeLong, their
daugh... have affected the particular injuries, it is improper for the court to permit the jury to
speculate on the effect that seat belts would have had.
453-CITE: 445 So.2d 639 DEPARTMENT OF ADMINISTRATION, DIVISION OF RETIREMENT, Appellant, v. Lucy
ALBANESE, et al., Appellees.
TEXT: ZEHMER, Judge. The Department of Administration (Department), Division of Retirement
(Divisi...rbitrary and not reasonably related to the purpose of the act. See, Agrico Chemical Co. v.
State, supra. AFFIRMED. SHIVERS and MILLS, JJ., concur.
454-CITE: 591 So.2d 308 Elmer L. FLANARY, et ux., Appellants, v. Larry BAILEY, etc., et al., Appellees.
TEXT: PER CURIAM. This is the appeal of a final judgment in garnishment ordering the personal
repr...ne, never been reversed, overruled or even modified, it appears to state the law in Florida.
REVERSED. DAUKSCH, W. SHARP and GRIFFIN, JJ., concur.
455-CITE: 606 So.2d 687 Warren MADISON, Appellant, v. WILLIAMS ISLAND COUNTRY CLUB, LTD., and Florida
Unemployment Appeals Commission, Appellees.
TEXT: PER CURIAM. Appellant, Warren Madison (Madison), challenges the Unemployment Appeals
Commiss...substantial competent evidence, the order should be affirmed. See Kraft, Inc. v.
Unemployment Appeals Commission, 478 So.2d 1183 (Fla. 2d DCA 1985).
456-CITE: 536 So.2d 301 Marie MACKIN, Appellant, v. OLDE WORLD CHEESE SHOP, Travelers Insurance Co.,
Appellees.
TEXT: SHIVERS, Judge. The claimant in this workers compensation case appeals an order awarding
tem...ded for recalculation of benefits based on claimant s actual wage-loss during that period.
REVERSED and REMANDED. BOOTH and THOMPSON, JJ., concur.
457-CITE: 636 So.2d 157 CITY OF DELRAY BEACH, Appellant, v. PROFESSIONAL FIREFIGHTERS OF DELRAY BEACH,
LOCAL 1842, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, Appellee.
TEXT: POLEN, Judge. In this case of first impression, the City of Delray Beach ( City ) appeals
fr...mance increases. Therefore, the Commission s attorney s fee and costs award to Local 1842 is
also affirmed. DELL, C.J., and STEVENSON, JJ., concur.
458-CITE: 446 So.2d 224 SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,
State of Florida, Appellant, v. MOTOR AND COMPRESSOR COMPANY and Shelby Mutual Insurance Company,
Appellees.
TEXT: NIMMONS, Judge. The Special Disability Trust Fund (Fund) appeals from an order of the
deputy...tive statute. Sutherland, Statutory Construction, Section 27.04, note 1, citing Calvert v.
Marathon *228 Oil Co., 389 S.W.2d 153 (Tex.Civ.App.1965).
459-CITE: 660 So.2d 743 OKEELANTA CORPORATION, Osceola Farms Company, and Atlantic Sugar Association,
Inc., Appellants Cross-Appellees, v. Bernard BYGRAVE, et al., Appellees Cross-Appellants. UNITED
STATES SUGAR CORPORATION, Appellant Cross-Appellee, v. Bernard BYGRAVE, et al., Appellees
Cross-Appellants. SUGAR CANE GROWERS COOPERATIVE OF FLORIDA, Appellant Cross-Appellee, v. Bernard
BYGRAVE, et al., Appellees Cross-Appellants.
TEXT: ON MOTION FOR REHEARING WARNER, Judge. We deny the motion for rehearing except insofar as
i...ugust 25, 1987, were barred by the statute of limitations. Reversed in part and remanded for
further proceedings. POLEN and PARIENTE, JJ., concur.
460-CITE: 705 So.2d 682 Jana M. BROWN, Appellant, v. Ira SMITH, Appellee.
TEXT: RAMIREZ, JUAN, Jr., Associate Judge. The appellant, Jana M. Brown, raises two issues on
appe..., JJ., concur. ------------ (FN1) For example, alimony and child support payments are not
dischargeable in bankruptcy (11 U.S.C. Section 523(a)(5)).
461-CITE: 456 So.2d 1274 CITY OF JACKSONVILLE, Appellant, v. David G. BAKER, etc., et al., Appellees.
TEXT: THOMPSON, Judge. The City of Jacksonville (City) appeals a jury verdict in favor of the
plai...gree, the court shall order a new trial in the cause on the issue of damages only. (emphasis
supplied). AFFIRMED. SHIVERS and ZEHMER, JJ., concur.
462-CITE: 482 So.2d 472 Manuel LEMUS, Appellant, v. INDUSTRIAL SITES SERVICES & Argonaut Insurance Co.,
Appellees.
TEXT: WENTWORTH, Judge. Claimant seeks review of a December 13, 1984, workers compensation order
w...mited point in issue is the continuing validity of the Supreme Court opinion in Evans, as
opposed to the actual decision of this court in Goldsmith.
463-CITE: 504 So.2d 499 Vernon TERHUNE, Appellant, v. NORTH BROTHERS COMPANY and Underwriters Adjusting
Company, Appellees.
TEXT: ERVIN, Judge. The claimant appeals the order of the deputy commissioner (dc) denying
tempora...ployed by other employers, but was earning less than his pre-injury wages. REVERSED and
REMANDED with directions. SHIVERS and ZEHMER, JJ., concur.
464-CITE: 558 So.2d 514 XEROGRAPHICS and CLAIMS CENTER, Appellants, v. Brian A. BENDER, Appellee.
TEXT: NIMMONS, Judge. The employer and its carrier appeal a final workers compensation order in
wh...e loss for the period between May 16, 1988 to November 12, 1988. As so modified, the award of
benefits is AFFIRMED. BOOTH and ZEHMER, JJ., concur.
465-CITE: 534 So.2d 743 Michelle HINDMAN, Appellant, v. Howard B. BISCHOFF, Appellee.
TEXT: FRANK, Judge. During her pregnancy, Michelle Hindman discussed with Howard Bischoff the
poss...tial condominium purchaser s contract with a developer is voidable within 15 days from the
date of execution. See Section 718.503, Fla.Stat. (1987).
466-CITE: 696 So.2d 1189 Laura LANGMEAD, Appellant Cross-Appellee, v. ADMIRAL CRUISES, INC., Appellee
Cross-Appellant.
TEXT: SORONDO, Judge. Laura Langmead (Langmead), appeals to this Court a lower court order
grantin... V CAPT. H.V. DUFRENE, 303 F.Supp. 980, 989 (E.D.La.1969), overruled by Guevara, supra
(only insofar as punitive damages availability is concerned).
467-CITE: 716 So.2d 839 RUNNING W. CITRUS LIMITED PARTNERSHIP and CNA Insurance Companies, Appellants
Cross-Appellees, v. Betty J. RAGGS, Appellee Cross-Appellant.
TEXT: BENTON, Judge. We have for review a final order awarding workers compensation benefits to
Be...compensation claims from taking further evidence on remand. Affirmed in part, reversed in
part, and remanded. BOOTH and VAN NORTWICK, JJ., concur.
468-CITE: 575 So.2d 1356 STANDARD BRANDS and Aetna Life & Casualty Insurance, Appellants, v. Rollin
Richard COOMER, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order awarding
wag...anded for determination of whether claimant has suffered wage loss due to his compensable
accident. SHIVERS, C.J., and BOOTH and WOLF, JJ., concur.
469-CITE: 606 So.2d 450 CITY OF PORT SAINT LUCIE and Tri-County Insurance Council, Appellants, v.
Lillian CHAMBERS, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from a final order awarding an increase in
c...f an independent contractor, we have no choice but to adhere to that precedent. Perhaps it
warrants reconsideration by those that created the class.
470-CITE: 443 So.2d 251 Jon T. TAYLOR and Progressive American Insurance Company, Appellants, v. Archie
Marcus GANAS, Appellee.
TEXT: MILLS, Judge. Taylor and Progressive appeal the trial court s order granting Ganas a new
tri... 258 So.2d 458 (Fla. 1st DCA), cert. denied, 263 So.2d 235 (Fla.1972). I agree to the
reinstatement of the verdict on the issue of punitive damages.
471-CITE: 597 So.2d 347 Laura AVELLINO, Appellant, v. PANTRY PRIDE ENTERPRISES, INC. and Crawford &
Company, Appellees.
TEXT: ZEHMER, Judge. Laura Avellino (claimant) appeals a workers compensation order that awards
he...s reversed and this cause is remanded for further proceedings consistent with this opinion.
REVERSED AND REMANDED. MINER and WEBSTER, JJ., concur.
472-CITE: 740 So.2d 65 Warren R. BEANS, Robert L. Beans and Bay Plumbing Company, Inc., Appellants, v.
James P. CHOHONIS, Jr., Appellee.
TEXT: PER CURIAM. Warren R. Beans, Robert L. Beans, and Bay Plumbing Company, Inc. [Bay
Plumbing],... So.2d at 102, which is not the case here. (FN4) Leave here, and never see my daughter
again! , for example; a familiar refrain throughout the ages.
473-CITE: 599 So.2d 689 Terry SMITH and wife, Delores Smith, Appellants, v. THRIFTY RENT-A-CAR SYSTEM,
INC., Appellee.
TEXT: PER CURIAM. This negligence case is before us on appeal of the trial court s order granting
...m for loss of consortium is a derivative action, her claim would be similarly precluded. Gold v.
Cheker Oil Co., 438 So.2d 1009 (Fla. 4th DCA 1983).
474-CITE: 443 So.2d 150 DREXEL PROPERTIES, INC. and Fred S. James & Company of Florida, Appellants, v.
Robert P. BROWN, Appellee.
TEXT: WIGGINTON, Judge. The posture and pertinent facts of this case are as set forth in Judge
Rob...illyard, 402 So.2d 1321 (Fla. 1st DCA 1981). *152 I would reverse the modified order and
reinstate the order previously and conventionally entered.
475-CITE: 614 So.2d 1116 CITY of MIAMI, Appellant, v. John HICKEY, Appellee.
TEXT: PER CURIAM. The City of Miami challenges this workers compensation order on the grounds
that... language subject to an offset in excess of the average monthly wage, which in this case is
$39.74 per month. SMITH, SHIVERS and KAHN, JJ., concur.
476-CITE: 458 So.2d 1197 SUPERIOR PONTIAC and Lynn Underwriting, Appellants, v. Wayne H. HEARN,
Appellee.
TEXT: SMITH, Judge. Appellants Superior Pontiac and Lynn Underwriting appeal a final order issued
...l Linen Co. v. Freeman, 419 So.2d 711, 713 (Fla. 1st DCA 1982). Accordingly, the order appealed
from is REVERSED. BOOTH and THOMPSON, JJ., concur.
477-CITE: 687 So.2d 313 Randall M. TREMBLAY, Appellant, v. Elizabeth A. TREMBLAY, Appellee.
TEXT: PARIENTE, Judge. The former husband appeals an order finding him in civil contempt for
failu...him in contempt on the basis that there was no evidence to support the trial court s finding
of present ability to comply with the purge conditions.
478-CITE: 564 So.2d 124 Henry GARCIA, Appellant, v. STATE of Florida, Appellee.
TEXT: BARKETT, Justice. Henry Garcia appeals his convictions of two counts of first-degree
murder,...s of death, and remand for a new trial. It is so ordered. EHRLICH, C.J., and OVERTON,
McDONALD, SHAW and GRIMES, JJ., concur. KOGAN, J., recused.
479-CITE: 697 So.2d 203 RING POWER CORPORATION and United Self Insured Services, Appellants, v.
Frederick CAMPBELL, Appellee, and Department of Labor and Employment Security, Division of Workers
Compensation, Intervenor.
TEXT: BENTON, Judge. Ring Power Corporation and its workers compensation servicing agent, United
S...tters would hear the appeals. The Rube Goldbergesque complexity of this scheme is completely at
odds with the goals of our workers compensation law.
480-CITE: 622 So.2d 80 Leroy TURNER, Appellant, v. RINKER MATERIALS and Liberty Mutual Insurance
Company, Appellees.
TEXT: SMITH, Judge. Claimant appeals an order of the judge of compensation claims (JCC) denying,
i...ch argument. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings
consistent with this opinion. KAHN AND WEBSTER, JJ., concur.
481-CITE: 510 So.2d 1185 Steven MOLDTHAN, Appellant, v. SENTINEL COMMUNICATIONS COMPANY and Crawford and
Company, Appellees.
TEXT: BARFIELD, Judge. Steven Moldthan challenges the denial of his claim for workers
compensation...e case will be remanded to the deputy commissioner for determination of the amount of
the appellate attorney fee. MILLS and WENTWORTH, JJ., concur.
482-CITE: 652 So.2d 1162 CENTRAL FLORIDA INVESTMENTS, INC. etc., Appellant, v. DEPARTMENT OF REVENUE,
STATE OF FLORIDA, Appellee.
TEXT: PETERSON, Judge. The issue to be determined in this appeal is whether the excise tax
imposed...legislature plainly indicated that when a mortgage is not recorded within 30 days after it
is created, the tax is payable by the end of that period.
483-CITE: 506 So.2d 447 Daniel J. MAGLIO, Appellant, v. NECA-IBEW WELFARE TRUST FUND, Appellee.
TEXT: NESBITT, Judge. Maglio appeals from the trial court s order holding that NECA-IBEW Welfare
T...st DCA 1979), we find that the trial court correctly held that NECA-IBEW could recover those
funds from Maglio. Accordingly, the order is affirmed.
484-CITE: 512 So.2d 333 Rosie M. WRIGHT, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and
Mitsui & Company U.S.A., Inc., Appellees.
TEXT: PER CURIAM. Wright appeals from an order of the Florida Unemployment Appeals Commission
(FUA...Chapter 443 clearly disqualifies from receiving unemployment benefits a worker who
voluntarily quits any employment--whether part-time or full-time.
485-CITE: 599 So.2d 171 CITY OF MIAMI, Appellant, v. Eleanor JACOBY, Appellee.
TEXT: PER CURIAM. The City of Miami (City) appeals from a final order of the judge of
compensation...wage for the period of time at issue. Because claimant, however, did not cross-appeal
the error committed, I would affirm the order in its entirety.
486-CITE: 646 So.2d 766 Charlie C. DAVIS, Appellant, v. The SCHOOL BOARD OF GADSDEN COUNTY, Appellee.
TEXT: BENTON, Judge. Charlie C. Davis, until recently a school custodian, appeals a final order
of...rt s proper province, is the sepsis that eats away at the integrity of the appellate review
function. See Glass v. Parrish, 51 So.2d 717 (Fla.1951).
487-CITE: 521 So.2d 197 STC DOCUMATION and Traveler s Insurance Company, Appellants, v. Charles BURNS,
Appellee.
TEXT: SHIVERS, Judge. The employer carrier (E C) in this workers compensation case appeal the
depu...1) See Williams Roofing, Inc. v. Moore, 447 So.2d 968 (Fla. 1st DCA 1984, limiting Citrus
Central v. Parker and its progeny to their specific facts.
488-CITE: 591 So.2d 1015 Allen D. NELSON, Appellant, v. McABEE CONSTRUCTION, INC. and Continental Loss,
Appellees.
TEXT: JOANOS, Chief Judge. The claimant, Allen D. Nelson, appeals a workers compensation order in
...or was a distinct act which took place at a time subsequent to the union s referral of one of its
members. 87 Ariz. at 246-247, 350 P.2d at 660-661.
489-CITE: 568 So.2d 58 Robert LARKE, Appellant, v. CITY OF FORT LAUDERDALE, Appellee.
TEXT: ERVIN, Judge. Claimant, Robert Larke, appeals from a compensation order dismissing his
claim...einstatement may not, under the cited cases, be decided so as to require reinstatement,
since only statutory benefits may be decided or adjudicated.
490-CITE: 561 So.2d 1358 UNITED SELF INSURED SERVICES, Appellant, v. Mark FABER (FN*), Reedy Carpets and
Florida Department of Labor & Employment Security, Division of Workers Compensation, Appellees.
UNITED SELF INSURED SERVICES, Appellant, v. Jeff SLAWKAWSKI, Reedy Carpets and Florida Department of
Labor & Employment Security, Division of Workers Compensation, Appellees.
TEXT: SMITH, Judge. In this consolidated appeal, United Self Insured Services (USIS) seeks
reversa...81 So.2d 317 (Fla.1973), and Strickland v. Al Landers Dump Trucks, Inc., 170 So.2d 445
(Fla.1964). Affirmed. WENTWORTH and WIGGINTON, JJ., concur.
491-CITE: 720 So.2d 286 Delia SHORT, Appellant, v. Ashraf Ali ABUKHDEIR, Appellee.
TEXT: FRANK, Acting Chief Judge. Delia Short appeals from the final, judgment entered in favor of
...dingly, we reverse and remand for a redertermination of damages consistent with this opinion.
Reversed and remanded. BLUE and FULMER, JJ., concur.
492-CITE: 558 So.2d 470 Terry TENNEBOE, Appellant, v. Suzanne TENNEBOE, Appellee.
TEXT: ESQUIROZ, MARGARITA, Associate Judge. The former husband appeals a final judgment of
dissolu...Singer v. Singer, 318 So.2d 438, 441 (Fla. 4th DCA 1975); Bailey v. Bailey, 300 So.2d 294
(Fla. 4th DCA 1974). See Section 861.14, Fla.Stat. (1987).
493-CITE: 738 So.2d 408 Delia SHORT, Appellant, v. Ashraf Ali ABUKHDEIR, Appellee.
TEXT: PER CURIAM. Delia Short appeals from the final judgment entered in favor of Ashraf
Abukhdeir... (FN1) Judge Threadgill has been substituted for Judge Frank, who was on the original
panel in Short v. Abukhdeir, 720 So.2d 286 (Fla. 2d DCA 1998).
494-CITE: 719 So.2d 1218 SUNRISE ASSISTED LIVING, INC., Appellant, v. T. Denver WARD, Appellee.
TEXT: THREADGILL, Acting Chief Judge. The appellant, Sunrise Assisted Living, Inc., garnishee on
a...to establish, if possible, the jurisdiction of Florida courts over an appropriate garnishee.
Reversed; remanded. ALTENBERND and GREEN, JJ. concur.
495-CITE: 668 So.2d 219 CAPE CANAVERAL HOSPITAL, INC. and Sedgwick, Inc., Appellants, v. Sandra NICKELL,
Appellee.
TEXT: KAHN, Judge. In this worker s compensation appeal, the issues raised by appellant
concerning...benefits, appellee is entitled to an offset or credit pursuant to Barragan. AFFIRMED
in part, REVERSED in part. BARFIELD and SHIVERS, JJ., concur.
496-CITE: 491 So.2d 1306 Harold DELONG, Appellant, v. 3015 WEST CORPORATION and Rockwood Insurance
Company, Appellees.
TEXT: SHIVERS, Judge. The claimant in this workers compensation case appeals the order entered by
...nt of Health and Rehabilitative Services v. Ryan, 381 So.2d 269 (Fla. 1st DCA 1980); Fair-way
Restaurant v. Fair, 425 So.2d 115 (Fla. 1st DCA 1983).
497-CITE: 605 So.2d 850 Anthony MANDICO, Petitioner, v. TAOS CONSTRUCTION, INC., et al., Respondents.
TEXT: PER CURIAM. We have for review Taos Construction, Inc. v. Mandico, 566 So.2d 910 (Fla. 4th
D...efore the principles set forth in connection with the first question certified should be applied
in this case. BARKETT, C.J., and SHAW, J., concur.
498-CITE: 438 So.2d 914 Lawrence R. HALEY, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Appellee.
TEXT: NIMMONS, Judge. Lawrence R. Haley, who had sustained injuries in a 1980 automobile
accident,...efit of the employer and his business. For the reasons stated, the judgment appealed
is AFFIRMED. ROBERT P. SMITH, Jr., and SHIVERS, JJ., concur.
499-CITE: 595 So.2d 206 SPECIAL DISABILITY TRUST FUND, Appellant, v. STEPHENS, LYNN, CHERNAY & KLEIN,
and General Accident Insurance Company, Appellees. SPECIAL DISABILITY TRUST FUND, Appellant, v.
CENTRAL STATES DIVERSIFIED, INC. and Home Insurance Company, Appellees.
TEXT: PER CURIAM. The Special Disability Trust Fund (Fund) challenges workers compensation orders
...ility benefits paid pursuant to section 440.15(1)(e)1, Florida Statutes? The orders appealed are
affirmed. BOOTH, SMITH and BARFIELD, JJ., concur.
500-CITE: 508 So.2d 765 The WESTERN UNION TELEGRAPH COMPANY, Appellant, v. Thomas J. PERRI and Division
of Workers Compensation, Appellees.
TEXT: WENTWORTH, Judge. Employer carrier appeal a June 17, 1986 workers compensation order by
whic...ts were not shown to be bona fide or reasonable, and thus constituted a voluntary limitation
of income. Affirmed. MILLS and BARFIELD, JJ., concur.
501-CITE: 500 So.2d 508 UNITED TEACHERS OF DADE, FEA UNITED AFT, LOCAL 1974, AFL-CIO, et al. Petitioner,
v. DADE COUNTY SCHOOL BOARD, Superintendent Leonard Britton, and the State Board of Education of the
State of Florida, Respondents.
TEXT: EHRLICH, Justice. In December 1984, petitioner, the United Teachers of Dade (UTD), filed a
t...ram from the collective bargaining arena, they violate article I, section 6 of the Florida
Constitution. I therefore dissent. BARKETT, J., concurs.
502-CITE: 757 So.2d 1278 The CADLE COMPANY, Appellant, v. G & G ASSOCIATES and Peter L. Grieco, et al.,
Appellees.
TEXT: PER CURIAM. Appellant appeals an order granting the motion of its judgment debtor, Peter
Gri...iary hearing to determine which of the monies held by Grieco s employer are exempt under the
statute. WARNER, C.J., POLEN and HAZOURI, JJ., concur.
503-CITE: 512 So.2d 324 W.R. COOPER, INC., Appellant, v. CITY OF MIAMI BEACH and Garcia-Allen
Construction Co., Inc., Appellees.
TEXT: PER CURIAM. W.R. Cooper, Inc. appeals a trial court order granting the City of Miami Beach
s... to be an indispensable party. See Phillips v. Choate, 456 So.2d 556 (Fla. 4th DCA 1984).
Reversed and remanded for further consistent proceedings.
504-CITE: 710 So.2d 208 Dana William WHITE, Husband, Appellant, v. Brenda Black WHITE, Wife, Appellee.
TEXT: MICKLE, Judge. Dana William White, the former husband, challenges certain findings of fact
a...rth, fifth, sixth, and seventh issues are without merit. Accordingly, the final judgment is
AFFIRMED in all respects. KAHN and DAVIS, JJ., concur.
505-CITE: 500 So.2d 206 Edward ALLEN Appellant, v. CITY OF ST. AUGUSTINE and Travelers Insurance
Company, Appellee.
TEXT: BARFIELD, Judge. The parties to this workers compensation appeal have raised the following
i...In my view, the precedent set by the majority s opinion will compound an already substantial
problem plaguing our judicial system--lack of finality.
506-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.
507-CITE: 656 So.2d 1354 Marilyn B. CASPER and Rolyn J. Casper, Appellants, v. MELVILLE CORPORATION,
Appellee.
TEXT: OWEN, WILLIAM C., JR., Senior Judge. The primary question presented here is whether the
tria...each some boxes of merchandise which were above her head, and while she was doing so, the
boxes tumbled apparently causing her to fall to the floor.
508-CITE: 545 So.2d 252 Paul BARRAGAN, Petitioner, v. CITY OF MIAMI, Respondent. Andrew GIORDANO,
Petitioner, v. CITY OF MIAMI, Respondent.
TEXT: GRIMES, Judge. These cases, which involve the same issue, are consolidated for our
considera...fits. The deputy s jurisdiction is to assure compliance with the required payments of
chapter 440, not to reach outside this section of the statute.
509-CITE: 546 So.2d 1122 John BRIGHT, Appellant, v. CITY OF TAMPA and Poe Risk Management Services,
Inc., Appellees.
TEXT: MINER, Judge. The claimant appeals a worker s compensation order determining his average
wee...A 1988), Rios v. Fred Teitelbaum Constr., 522 So.2d 1015, 1018 (Fla. 1st DCA 1988), Coq v.
Fuchs Baking Co., 507 So.2d 138, 141 (Fla. 1st DCA 1987).
510-CITE: 629 So.2d 1088 HYATT REGENCY WESTSHORE and Scott Wetzel Services, Appellants, v. Doug
ROBINSON, Appellee.
TEXT: WEBSTER, Judge. In this workers compensation case, the employer and servicing agent argue
th...deration after entry of the order on remand contemplated by this opinion. REVERSED and
REMANDED, with directions. BARFIELD and ALLEN, JJ., concur.
511-CITE: 590 So.2d 1023 EDWARD M. CHADBOURNE, INC., Appellant, v. Peggy Sue VAN DYKE, n k a Susan Ann
Van Dyke, Appellee.
TEXT: KAHN, Judge. This is an appeal and cross-appeal arising out of an accident that took place
o...new trial on damages. Chadbourne has not, however, argued waiver or failure to preserve the
issue on cross-appeal. Accordingly we address the issue.
512-CITE: 491 So.2d 1233 Marshall MAINES, Appellant. v. Nelson P. DAVIS, Appellee.
TEXT: PER CURIAM. This case is before us on appeal from the judgment below in a suit on a
contract...reversed and the cause remanded for further proceedings consistent herewith. BOOTH,
C.J., and SMITH and WENTWORTH, JJ. concur. *1236 (ILLUSTRATION)
513-CITE: 727 So.2d 950 OKEELANTA CORPORATION, Osceola Farms Company, and Atlantic Sugar Association,
Inc., Appellants Cross-Appellees, v. Bernard BYGRAVE, et al., Appellees Cross-Appellants. United
States Sugar Corporation, Appellant Cross-Appellee, v. Bernard Bygrave, et al., Appellees
Cross-Appellants.
TEXT: MOTION FOR REHEARING ON MOTIONS TO REVIEW ORDERS TAXING COSTS WARNER, Judge. We deny
rehear...bond the defendants were required to secure to prevent execution on the judgment. *952 the
party ultimately prevailing in the underlying litigation.
514-CITE: 442 So.2d 269 Carol J. WILLIAMS, et vir, Appellants, v. H. Wyatt McNEIL, Appellee.
TEXT: WENTWORTH, Judge. This is an appeal from a final summary judgment entered in favor of the
de...ealed from should be affirmed upon the authority of Thomas v. Berrios, 348 So.2d 905 (Fla. 2d
DCA 1977) and Sims v. Helms, 345 So.2d 721 (Fla.1977).
515-CITE: 503 So.2d 894 Re FLORIDA RULES OF CIVIL PROCEDURE (AMENDMENT TO RULES 1.490 AND 1.611).
TEXT: McDONALD, Chief Justice. This is an original proceeding to consider the adoption of
amendmen...) 45 C.F.R. Section 303.101(2) (1985). Under this provision, the time requirements are
evaluated from the time of filing to the time of disposition.
516-CITE: 435 So.2d 337 Ellen G. Dodson McCORMICK Appellant, v. EUROPEAN HEALTH SPA and Kemper Insurance
Company, Appellees.
TEXT: ZEHMER, Judge. In this worker s compensation case, the claimant appeals an order denying
her...in accordance with Flesche v. Interstate Warehouse, 411 So.2d 919 (Fla. 1st DCA 1982).
Affirmed. ROBERT P. SMITH, Jr., and WENTWORTH, JJ., concur.
517-CITE: 472 So.2d 1345 METROPOLITAN DRYWALL SYSTEMS, INC., and the Brotherhood of Painters and Allied
Trades, Drywall Finishers Local 1942, Appellants, v. Bruce W. DUDLEY, Appellee.
TEXT: FRANK, Judge. The appellant, Metropolitan Drywall Systems, Inc. (Metropolitan), has
appealed...ement that overtime would be paid at the double time rate. Under either circumstance the
amended complaint fails to reach the jurisdictional amount.
518-CITE: 727 So.2d 308 Jeanette ESANCY, Appellant, v. Phyllis Tealatha HODGES and Government Employees
Insurance Company, Appellees.
TEXT: CASANUEVA, Judge. Following a final judgment on causation in favor of the defendants,
Phylli...ty defendant. On remand, the trial court must revisit this issue. Reversed and remanded
for a new trial. THREADGILL, A.C.J., and BLUE, J., Concur.
519-CITE: 636 So.2d 735 Mark STERN, a k a Mark Allen, Appellant, v. Jackie STERN, Appellee.
TEXT: DONNER, AMY STEELE, Associate Judge. Mark Stern, the former husband, brings this appeal
from...ts needs to be added to the respective parties equitable distribution. GLICKSTEIN, and
POLEN, JJ., and DONNER, AMY STEELE, Associate Judge, concur.
520-CITE: 457 So.2d 513 Joe D. NICHOLSON, Appellant, v. SAMMONS ENTERPRISES, INC. and Travelers
Insurance Company, Appellees.
TEXT: PER CURIAM. This is an appeal in a workers compensation proceeding from the deputy
commissio...2 So.2d 44, 45 (Fla.1977). The statement that evidence is vague and questionable is not,
in my opinion, the same as saying that it was not believed.
521-CITE: 682 So.2d 1147 Phillip CODY and Cynthia Cody, Appellants, v. Michael KERNAGHAN and Joan
Kernaghan, his wife, individually, and as parents and natural guardians of David Kernaghan, a minor,
Appellees.
TEXT: SHAHOOD, Judge. David Kernaghan, a minor child, was injured on a trampoline while attending
... and remanded with directions to enter final judgment consistent with this opinion. WARNER, J.,
and SORONDO, RODOLFO, Jr., Associate Judge, concur.
522-CITE: 617 So.2d 418 Margaret Ann FONTANA, Appellant, v. Thomas Michael FONTANA, Appellee.
TEXT: WEBSTER, Judge. Appellant (the wife) seeks review of a final judgment of dissolution of
marr... 61.08, Fla.Stat. (1991); Dozier v. Dozier, 606 So.2d 477 (Fla. 1st DCA 1992). REVERSED and
REMANDED, with directions. WOLF and KAHN, JJ., concur.
523-CITE: 435 So.2d 310 Jane WILLIAMSON, Willie Mae Stephens, June Martinez, Pearl Lisk, James Jackson,
Arlene Baker, Joseph Green, Bernus Howard, Mary Ann Clanton, Appellants, v. DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, District 3, Putnam County, Optional State Supplementation Program,
Appellees.
TEXT: JOANOS, Judge. Jane Williamson, et al (appellants) appeal a Department of Health and
Rehabil...; or (c) Spouse of the client, and third party payors to participate in the cost of
services or to pay fees for services provided by the department.
524-CITE: 717 So.2d 594 Jeffrey ZWIRN, Appellant, v. PENN MUTUAL LIFE INSURANCE COMPANY, Appellee.
TEXT: KLEIN, Judge. Appellant, who owned his own business, was the insured under an overhead
insur...ly implicated by it. I would reverse. ------------ (FN4) So far as I am able to determine,
the maximum amount is the same as for the current policy.
525-CITE: 483 So.2d 35 SPACE COAST CREDIT UNION, f k a Patrick Air Force Base Credit Union, Appellant,
v. WALT DISNEY WORLD COMPANY, a Delaware corporation licensed and authorized to do business in the
State of Florida, Appellee.
TEXT: SHARP, Judge. Space Coast Credit Union appeal from a final judgment denying its request to
r...firmed except that portion awarding attorney s fees. AFFIRMED IN PART, REVERSED IN PART.
DAUKSCH, J., and BOARDMAN, E.F., Associate Judge, concur.
526-CITE: 522 So.2d 358 HILLSBOROUGH COUNTY GOVERNMENTAL EMPLOYEES ASSOCIATION, INC., Hillsborough
County Police Benevolent Association, Inc., and Public Employees Relations Commission, Petitioners,
v. HILLSBOROUGH COUNTY AVIATION AUTHORITY and Hillsborough County Civil Service Board, Respondents.
TEXT: KOGAN, Justice. This case if before the Court on petition to review a decision of the
Second...rthering the purpose of the civil service system. I would approve the full opinion of the
Second District Court of Appeal. McDONALD, C.J., concurs.
527-CITE: 509 So.2d 398 RUTENBERG-SARASOTA, LTD., Appellant, v. James Owen EISNER, et al., Appellees.
TEXT: PER CURIAM. The appellant, Rutenberg-Sarasota, Ltd., seeks review of the trial court s
entry...06(3), Florida Statutes (1985). *401 of the appellees and, accordingly, affirm. Affirmed.
SCHEB, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
528-CITE: 596 So.2d 160 CITY OF TAMPA, Appellant, v. Stacey HINES, Appellee.
TEXT: LEHAN, Judge. Appellant, the City of Tampa, contends that the trial court erred in denying
i...comparison to the considerations referred to above in our response to appellant s argument (3).
Affirmed. SCHOONOVER, C.J., and RYDER, J., concur.
529-CITE: 530 So.2d 497 CORNELL COMPUTER CORP., Appellant, v. Nina DAMION, Appellee.
TEXT: JORGENSON, Judge. Cornell Computer Corp. brings consolidated appeals from a final judgment
g...unpaid wages. Section 448.08, Fla.Stat. (1987). We, therefore, also affirm the agreed final
judgment for attorney s fees and court costs. AFFIRMED.
530-CITE: 489 So.2d 1139 BILL RIVERS TRAILERS, INC., and Bill Rivers Corp., Appellant, v. Robert J.
MILLER, Appellee.
TEXT: PER CURIAM. Bill Rivers Trailers, Inc. (BRT) and Bill Rivers Corporation (BRC) appeal from
a...y opinion and permit compensation of supervised legal work performed by legal assistants on an
hourly basis as part of the award of attorney s fees.
531-CITE: 459 So.2d 1170 John M. POTTER, Appellant, v. STATE of Florida, DEPARTMENT OF ADMINISTRATION,
DIVISION OF RETIREMENT, Appellee.
TEXT: DANAHY, Judge. A school board attorney challenges a final order of the Division of
Retiremen...rollment shall be effective May 2, 1983. In all other respects, the order is affirmed.
AFFIRMED AS MODIFIED. GRIMES A.C.J., and SCHEB, J., concur.
532-CITE: 435 So.2d 916 David NUNES, Appellant Cross Appellee, v. MARGATE GENERAL HOSPITAL, INC., a
Florida Corporation, Appellee Cross Appellant.
TEXT: GLICKSTEIN, Judge. First, this is an appeal by a former part-time hospital employee
claiming...ting what may have been a correct assertion as to the basis for some of his compensation.
We affirm the cross appeal. HURLEY and DELL, JJ., concur.
533-CITE: 566 So.2d 31 Zephaniah MEEK, Appellant, v. LAYNE-WESTERN CO. and Crawford and Company,
Appellees.
TEXT: NIMMONS, Judge. The claimant in this workers compensation appeal challenges the finding of
t...ccident and his wage loss. Accordingly, we REVERSE and REMAND for further proceedings
consistent with this opinion. BOOTH and ZEHMER, JJ., concur.
534-CITE: 610 So.2d 655 Irwin Barry GINSBURG, Appellant Cross-Appellee, v. Sheila Weinstein GINSBURG,
Appellee Cross-Appellant.
TEXT: BOOTH, Judge. This cause is before us on appeal and cross appeal from a dissolution of
marri...onsistent herewith. The trial court may take additional testimony as may be needed for
resolution of these issues. BARFIELD AND MINER, JJ., concur.
535-CITE: 603 So.2d 1329 William Boy HODGE, Appellant, v. STATE of Florida, Appellee.
TEXT: OWEN, WILLIAM C., Jr., Senior Judge. The issue on this appeal from an order of restitution
i...ally limited to damages caused directly by the tort), standards more restrictive than the clear
language of Section 775.089(1)(a), Fla.Stat. (1991).
536-CITE: 533 So.2d 824 Zachery HERMAN, Appellant, v. Robert ROCHE, LaRoche Construction, Granados
Construction and Nationwide Insurance, Appellees.
TEXT: BARFIELD, Judge. Appellant seeks review of a deputy commissioner s order finding appellant
t...yees. We, therefore, REVERSE the order appealed and REMAND for further proceedings consistent
with this opinion. WENTWORTH and ZEHMER, JJ., concur.
537-CITE: 468 So.2d 525 Alan STRICKLAND, Appellant, v. PROGRESSIVE AMERICAN INSURANCE COMPANY and Edward
Abrams, individually, and d b a Gulf Trucking, Appellees.
TEXT: SHIVERS, Judge Alan Strickland appeals summary judgment in favor of appellee, Progressive
Am...merican Insurance Company and remand for a jury trial on the issue of appellant s status.
REVERSED and REMANDED. SMITH and WIGGINTON, JJ., concur.
538-CITE: 589 So.2d 373 Carlyle Francis DEMPSEY, Appellant, v. SHELL OIL COMPANY, a Delaware
Corporation, and William J. Irwin, Appellees.
TEXT: ANSTEAD, Judge. This is an appeal by the plaintiff, Carlyle Frances Dempsey ( Dempsey ),
fro...sults should have been admitted. Accordingly, for the reasons set out above we reverse and
remand for a new trial. POLEN and GARRETT, JJ., concur.
539-CITE: 520 So.2d 69 Sylvina JUSTE, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,
STATE OF FLORIDA, OFR DPAF, Appellee.
TEXT: JOANOS, Judge. Sylvina Juste appeals an order of the Office of Public Assistance Appeal
Hear...ste intentionally failed to report earned income. Accordingly, the hearing officer s
decision is reversed. SMITH, C.J., and WENTWORTH, J., concur.
540-CITE: 477 So.2d 591 Eddie ANDERSON, Appellant, v. S & S DIVERSIFIED, INC., and Aetna Casualty &
Surety Co., Appellees.
TEXT: WENTWORTH, Judge. The claimant in this case appeals a workers compensation order which (1)
d...easons set forth in my earlier dissenting opinion. ------------ (FN1) See Publix Supermarkets,
Inc. v. Franklin, 467 So.2d 1031 (Fla. 1st DCA 1985).
541-CITE: 473 So.2d 306 Homer P. WALSER, Appellant, v. Rita J. WALSER, Appellee.
TEXT: OTT, Judge. Husband appeals from a final judgment of dissolution of marriage, contending
tha... the trial court to reconsider its award in light of this opinion. REVERSED and REMANDED with
directions. SCHEB, A.C.J., and CAMPBELL, J., concur.
542-CITE: 480 So.2d 231 Kenneth Wayne PASTORE, Appellant, v. Rebecca Joyce PASTORE, Appellee.
TEXT: MILLS, Judge. Kenneth, the husband, appeals from a final judgment of dissolution of
marriage...rm on this issue. Affirmed in part and reversed in part and remanded for action in
accordance with this decision. SHIVERS and ZEHMER, JJ., concur.
543-CITE: 659 So.2d 341 DELCHAMPS and General Adjustment Bureau, Appellants Cross-Appellees, v. Kimberly
D. PAGE, Appellee Cross-Appellant.
TEXT: PER CURIAM. This appeal and cross-appeal arise from an order entered by the Judge of
Compens...ructions to delete the deemed earnings offset. AFFIRMED IN PART, REVERSED IN PART, AND
REMANDED. ZEHMER, C.J., KAHN and VAN NORTWICK, JJ., concur.
544-CITE: 491 So.2d 589 LEON COUNTY POLICE BENEVOLENT ASSOC., INC., Appellant, v. CITY OF TALLAHASSEE
and the Public Employees Relations Commission, Appellees.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order by which the Public Employees
Relations...as to be proper for inclusion in, a bargaining unit representing another class. It is
this ultimate issue which invokes agency policy and expertise.
545-CITE: 495 So.2d 790 Jan M. TUVESON, Appellant, v. FLORIDA GOVERNOR S COUNCIL ON INDIAN AFFAIRS,
INC., Appellee.
TEXT: MILLS, Judge. This is an appeal from a final order by the Florida Governor s Council on
Indi...d with directions that Tuveson be reinstated and granted back wages in accordance with this
opinion. Reversed. WENTWORTH and NIMMONS, JJ., concur.
546-CITE: 457 So.2d 1148 Elaine ROBERTO, Appellant, v. ALLSTATE INSURANCE CO., a foreign insurance
carrier, Appellee.
TEXT: HENDRY, Judge. Roberto appeals from the order granting Allstate Insurance Co. (Allstate) a
n...sue of Roberto s residence at the time of the accident and or setting aside the verdict and we
accordingly affirm the order under review. Affirmed.
547-CITE: 639 So.2d 1114 Charles McCARTHY, Appellant Cross Appellee, v. BAY AREA SIGNS and Armor
Insurance Company, Appellees Cross Appellants.
TEXT: PER CURIAM. This workers compensation case raises questions concerning the computation of
wa... to McCarthy of $200.00 per week for the period February 21, 1992, through December 25, 1992,
the last date reflected on McCarthy s wage-loss forms.
548-CITE: 449 So.2d 339 Karl S. PEARSON, Appellant, v. Michael J. HARRIS, d b a Ace Tower Company,
Western World Insurance Company, Inc., Rustcraft Broadcasting Company, a wholly owned subsidiary of
Rustcraft Greeting Cards, Inc., d b a WJKS-TV and Gencom, Inc., formerly known as Aztec
Communications, Inc., Appellees.
TEXT: SMITH, Judge. Pearson appeals from a summary judgment in his personal injury action finding
...bility could attach. See, Padillo, supra. For the above reasons, the final judgment appealed
from is AFFIRMED. WIGGINTON and NIMMONS, JJ., concur.
549-CITE: 452 So.2d 932 Fred V. SASSO, Petitioner, v. RAM PROPERTY MANAGEMENT and Fireman s Fund
Insurance Company, Respondents.
TEXT: PER CURIAM. This case comes before us on a petition to review a decision of the First
Distri... benefits. The district court correctly determined that section 440.15(3)(b)3.d. was
rationally related to achieving the three remaining objectives.
550-CITE: 520 So.2d 53 GREAT DANE TRAILERS and Alexsis, Inc., Appellants, v. Joseph D. CLARK, Appellee.
TEXT: WENTWORTH, Judge. Appellants, the employer carrier, seek review of a workers compensation
or...e entitlement to a credit for wage continuation payments, denial of the credit was proper. The
order is affirmed. NIMMONS and ZEHMER, JJ., concur.
551-CITE: 457 So.2d 1125 ORANGE COUNTY POLICE BENEVOLENT ASSOCIATION, Appellant, v. CITY OF CASSELBERRY
and Florida Public Employees Relations Commission, Appellees.
TEXT: NIMMONS, Judge. The Orange County Police Benevolent Association (PBA) appeals from an order
...al argument, Judge Joanos recused himself and was replaced on the panel by Judge Smith who has
listened to the tape recording of the oral arguments.
552-CITE: 689 So.2d 1095 Robert McCARTHY, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. Robert McCarthy appeals a judgment and sentence which required that he
serv...y authority for crediting such time. With this clarifying explanation, the motions are
denied. DENIED. DAUKSCH, HARRIS and THOMPSON, JJ., concur.
553-CITE: 475 So.2d 959 BAPTIST MEDICAL CENTER, Appellant, v. Loraine F. STOLTE and Unemployment Appeals
Commission, Department of Labor and Employment Security, State of Florida, Appellees.
TEXT: SHIVERS, Judge. Baptist Medical Center appeals the award of unemployment compensation
benefi...re possible and may even seem preferable according to some views. Framat, 407 So.2d at
242. I would uphold the Commission s order in its entirety.
554-CITE: 684 So.2d 201 Fernando J. MARTINEZ, a k a John F. Martinez, Appellant, v. FORTUNE INSURANCE
COMPANY, a Florida corporation, Appellee.
TEXT: PER CURIAM. This is an appeal from a final judgment of the county court passing on the
follo...r to pay the claimed benefits within thirty days of receipt of written notice of the claim.
GLICKSTEIN and STEVENSON, JJ., and BROWN, A.J., concur.
555-CITE: 522 So.2d 1044 Benjamin AGEE, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. Benjamin Agee, the appellant, challenges his conviction and
sente...ttal. In view of our disposition of this case we need not address Agee s remaining points
on appeal. Reversed. SCHOONOVER and LEHAN, JJ., concur.
556-CITE: 611 So.2d 1316 James MONEYHUN, Appellant, v. VITAL INDUSTRIES, INC., a dissolved Florida
corporation, Roupen Nalbandian, as Personal Representative of the Estate of Christopher Donoyan, and
as Curator of the Assets of Christopher Donoyan, deceased; and an unnamed Trustee for Vital
Industries, Inc., a dissolved Florida corporation, Appellees.
TEXT: ERVIN, Judge. Appellant, James Moneyhun, appeals an order granting the motion for final
summ...eedings consistent with this opinion. AFFIRMED IN PART, REVERSED IN PART, and REMANDED for
further proceedings. WIGGINTON and ZEHMER, JJ., concur.
557-CITE: 746 So.2d 1149 Deborah H. STEINER, Appellant, v. Franklin W. STEINER, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant wife, Deborah H. Steiner, challenges the
distributio...ies antenuptial agreement, we affirm on the Husband s cross-appeal. Affirmed in part,
reversed in part and remanded. GREEN and DAVIS, JJ., Concur.
558-CITE: 532 So.2d 683 Larry Hal BROWN, et al., Appellants, v. Mary Louise SISTO, etc., Appellee.
TEXT: COBB, Judge. The appellant Larry Hal Brown, was the defendant in a negligence action
arising...Air Line Railroad Company, 80 So.2d 662 (Fla.1955). Except as to the remittitur, the
judgment below is AFFIRMED. ORFINGER and DANIEL, JJ., concur.
559-CITE: 450 So.2d 549 Mark A. DAVIS, Appellant, v. NATIONWIDE LIFE INSURANCE COMPANY, a foreign
Corporation, Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. Mark Davis appeals from a final summary judgment in favor of
...d affirm the summary judgment. ------------ (FN7) Most policies limit coverage to full-time
employees by definitions. Annot. 57 A.L.R.3d 801 (1974).
560-CITE: 522 So.2d 364 In re STANDARD JURY INSTRUCTIONS CIVIL CASES.
TEXT: PER CURIAM. The Supreme Court Committee on Standard Jury Instructions (Civil) recommends
sev...eduction for collateral source payments should be made by the court, not the jury, pursuant to
Section 768.76, Fla.Stat. (1986 Supp.), and 6.13a.___
561-CITE: 504 So.2d 483 ARDMORE FARMS and the Claims Center, Appellants, v. William Douglas SMITH,
Hughes Oil Company and Federated Insurance Co., Appellees.
TEXT: SHIVERS, Judge. The claimant in this workers compensation case, William Smith, sustained
two... 1985), suggesting the contrary is not consistent with the long line of cases discussed and
followed in Hayward Trucking and Flagship National Bank.
562-CITE: 500 So.2d 626 ESCAMBIA COUNTY COUNCIL ON AGING and Auto-Owners Insurance Co., Appellants, v.
Willie A. GOLDSMITH and Division of Workers Compensation, Appellees.
TEXT: ZEHMER, Judge. A majority of the court has determined to consider this case en banc
pursuant.... REVERSED and REMANDED. BOOTH, C.J., and MILLS, ERVIN, SMITH, SHIVERS, WENTWORTH,
JOANOS, THOMPSON, WIGGINTON, NIMMONS and BARFIEID, JJ., concur.
563-CITE: 483 So.2d 58 The FLORIDA SCHOOL FOR THE DEAF AND THE BLIND, Appellant, v. The FLORIDA SCHOOL
FOR THE DEAF AND THE BLIND, TEACHERS UNITED, FTP-NEA, Appellee.
TEXT: McCORD, GUYTE P., Jr. (Ret.), Associate Judge. The Florida School for the Deaf and the
Blind...7.504(3) is granted and the case remanded to PERC for the limited purpose of setting a
reasonable fee. AFFIRMED. ERVIN and WIGGINTON, JJ., concur.
564-CITE: 590 So.2d 1134 Albert E. EBERHARDT, Appellant, v. Barbara N. EBERHARDT, n k a Barbara N.
Morton, Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. We grant rehearing and substitute the following
opinion...der Rule 1.540, Florida Rules of Civil Procedure. Because a Rule 1.540 motion is a trial
court proceeding, not an appeal, Rule 9.430 does not apply.
565-CITE: 458 So.2d 325 SOUTHERN RECORDS AND TAPE SERVICE, Tone Distributors, Inc., and Q Records and
Tape, Inc., Petitioners, v. The Honorable Murray GOLDMAN, as Circuit Judge of the Eleventh Judicial
Circuit, Dade County, Florida, Respondent.
TEXT: BASKIN, Judge. Petitioners seek a writ prohibiting the circuit court from enforcing orders
o...ee Article V Section 5(b) and 6(b), Constitution of the State of Florida, (1971) and Section
26.012(2)(b) and 34.01(1)(b), Florida Statutes, (1983).
566-CITE: 687 So.2d 27 Scot L. HAMILTON, Appellant, v. MELBOURNE SAND TRANSPORT, INC., Appellee.
TEXT: THOMPSON, Judge. Scot L. Hamilton appeals the trial court s order granting Melbourne Sand
Tr...ton s loss of future earning ability. REVERSED and REMANDED with directions that the jury
verdict be reinstated. DAUKSCH, and ANTOON, JJ., concur.
567-CITE: 434 So.2d 361 MIGHTY NATIONAL EXTERMINATORS, INC., and Hazel Scott, Appellants
Cross-appellees, v. Mary POWERS, Appellee Cross-appellant.
TEXT: DOWNEY, Judge. The appellate questions presented in this case are whether appellee, Mary
Pow...were medically and scientifically demonstrable at the end of such period. REVERSED AND
REMANDED, with directions. BERANEK and HERSEY, JJ., concur.
568-CITE: 483 So.2d 778 Bennie Lee WILLINGHAM, Appellant, v. TRAVELERS INSURANCE COMPANY, a foreign
corporation, Appellee.
TEXT: FERGUSON, Judge. Plaintiff made a claim for benefits against his employer s policy, issued
b...e supra note 2. (FN5) This holding would moot any issue as to whether the plaintiff was required
to maintain his own PIP coverage. See Bartoszewicz.
569-CITE: 737 So.2d 1189 OFFICE DEPOT, INC., and Kemper Insurance Companies, Appellants Cross-Appellees,
v. Sally SWEIKATA, Appellee Cross-Appellant.
TEXT: ON MOTIONS FOR CLARIFICATION AND OR REHEARING ERVIN, J. We grant appellee cross-appellant
s...on. AFFIRMED IN PART, REVERSED IN PART, and REMANDED for further proceedings consistent with
this opinion. VAN NORTWICK and BROWNING, JJ., CONCUR.
570-CITE: 639 So.2d 181 FORT LAUDERDALE POLICE LODGE NO. 31, FRATERNAL ORDER OF POLICE, Appellant, v.
CITY OF FORT LAUDERDALE, Florida, American Federation of State, County & Municipal Employees, Local
532, AFSCME, Council 79, Appellees.
TEXT: PER CURIAM. We affirm PERC s decision, but believe it appropriate to point out factual
disti...herwise inappropriate. Id. Therefore, it did not allow severance. *183 GLICKSTEIN and
WARNER, JJ., and ALVAREZ, RONALD V., Associate Judge, concur.
571-CITE: 682 So.2d 586 Harris KATZ and Robert Katz, Appellants, v. Medhi GHODSI and Valeria Ghodsi,
Appellees.
TEXT: COPE, Judge. Harris Katz and Robert Katz appeal an order granting new trial. We reverse.
Th...d for a new trial based on the error of the trial court in directing the verdict on the issue
of permanency, but defendant has elected not to do so.
572-CITE: 542 So.2d 957 AMERICAN CASUALTY CO., Petitioner, v. COASTAL CAISSON DRILL CO., Respondent.
TEXT: McDONALD, Judge. The district court in Coastal Caisson Drill Co. v. American Casualty Co.,
5...t any person entering into such a contract amounting to more than $100,000 but less than
$200,000 from executing the payment and performance bond.
573-CITE: 522 So.2d 909 NATIONAL T.V. RENTAL, INC. and the Travelers Insurance Company, Appellants, v.
Gregory Scott WILLIAMS, Appellee.
TEXT: SHIVERS, Judge. National T.V. Rental, Inc. appeals from the deputy commissioner s (DC s)
ord...m to be without merit, and affirm the DC as to these issues. AFFIRMED in part and REVERSED
and REMANDED in part. JOANOS and THOMPSON, JJ., concur.
574-CITE: 654 So.2d 1181 Tsampica Demos SKIPPER, Appellant, v. David SKIPPER, Appellee.
TEXT: GREEN, Judge. The former wife filed a petition for an upward modification of child support.
...reclude the former husband from petitioning the court for a modification of his child support
obligations. Reversed and remanded with instructions.
575-CITE: 526 So.2d 185 Thomas S. EVERING, Appellant, v. Ollie M. SMITHWICK, M.D. and Ollie M.
Smithwick, M.D., P.A., Appellees.
TEXT: PER CURIAM. Thomas S. Evering appeals the trial court s order granting a new trial on the
is...e cause is remanded with instructions to reinstate the jury verdicts and enter judgment for
Evering. Our holding here renders the cross-appeal moot.
576-CITE: 691 So.2d 626 Larry R. DAVIS, Appellant, v. Jeanette V. DAVIS, Appellee.
TEXT: PETERSON, Chief Judge. Larry R. Davis appeals a court order requiring him to pay permanent
p...pay permanent periodic alimony based upon an imputation of income. JUDGMENT AFFIRMED IN PART,
REVERSED IN PART. W. SHARP and GOSHORN, JJ., concur.
577-CITE: 433 So.2d 1230 John S. MORROW, Appellant, v. AMCON CONCRETE, INC. and Michigan Mutual
Insurance, Appellees.
TEXT: ROBERT P. SMITH, Jr., Chief Judge. Morrow appeals from a deputy commissioner s order
finding...NS, JJ., concur. *1233 Note: NIMMONS, J., did not participate in the oral argument of this
case but has reviewed the recording of those proceedings.
578-CITE: 568 So.2d 65 DEPARTMENT OF TRANSPORTATION, Department of Insurance, Division of Risk
Management and Crawford & Company, Appellants, v. Luis MONTERO, Appellee.
TEXT: WENTWORTH, Judge. The employer servicing agent appeal a workers compensation order by which
...rder appealed is reversed as to the denial of a penalty. The order is otherwise affirmed, and the
cause remanded. SMITH and WIGGINTON, JJ., concur.
579-CITE: 591 So.2d 288 UNIVERSITY MEDICAL CENTER and Johns Eastern Company, Inc., Appellants, v. Tyrone
SUMPTER, Appellee.
TEXT: SHIVERS, Judge. The employer carrier (E C) in this workers compensation case appeal an
order...filed a cross appeal in this case. Nealy v. City of West Palm Beach, 442 So.2d 273 (Fla. 1st
DCA 1983). AFFIRMED. ZEHMER and WEBSTER, JJ., concur.
580-CITE: 629 So.2d 117 Santos M. GARCIA, Petitioner, v. CARMAR STRUCTURAL, INC. and Feisco,
Respondents.
TEXT: McDONALD, Justice. We have for review Garcia v. Carmar Structural Inc. Feisco, 605 So.2d
128...mative. However, I continue to adhere to the views I expressed in Scanlan. 582 So.2d at 1176
(Barkett, J., concurring in part, dissenting in part.).
581-CITE: 683 So.2d 164 Rolando RECIO, Appellant, v. KENT SECURITY SERVICES, INC., and Florida
Unemployment Appeals Commission, Appellees.
TEXT: COPE, Judge. Rolando Recio appeals an order of the Florida Unemployment Appeals Commission
w...shall be entitled to inspect, cross-examine and offer rebuttal to any evidence contained in a
report of any investigation directed by the referee.
582-CITE: 437 So.2d 699 Melvin A. CHISHOLM, Appellant, v. McCORMICK, CONDUIT, BUCKLEY and CNA Insurance
Group, Appellees.
TEXT: NIMMONS, Judge. In these consolidated appeals, Chisholm appeals two orders of the deputy
com... shall be deemed to be the amount which would have been earned if the employee did not limit
his or her income or accepted appropriate employment.
583-CITE: 447 So.2d 968 WILLIAMS ROOFING, INC. and Chubb Pacific Indemnity Insurance Company,
Appellants, v. Donald MOORE, Appellee.
TEXT: SHIVERS, Judge. In this workers compensation case, the employer carrier appeals an order of
....L. Amici Co. v. Jackson, 441 So.2d 978 (Fla. 1st DCA 1983). *974 Accordingly, the order sub
judice is AFFIRMED. JOANOS and THOMPSON, JJ., concur.
584-CITE: 576 So.2d 806 Dr. Ivonne PIERCY, Appellant, v. The SCHOOL BOARD OF WASHINGTON COUNTY, FLORIDA,
Appellee.
TEXT: ERVIN, Judge. Appellant, Dr. Ivonne Piercy, formerly employed by appellee, the School Board
...t is REVERSED and the cause REMANDED with directions to dismiss the complaint. BARFIELD, J.,
concurs. BOOTH, J., dissents without written opinion.
585-CITE: 650 So.2d 641 Joann R. WRIGHT and Albert Wright, her husband, Appellants, v. CTL DISTRIBUTION,
INC., a Florida corporation, and Eduardo Santos, Appellees.
TEXT: QUINCE, Judge. Joann R. Wright and Albert Wright (the Wrights) appeal an order denying
their...iven a new trial. We find appellant s second argument without merit. Reversed and remanded
with instructions. FRANK, C.J., and PARKER, J., concur.
586-CITE: 596 So.2d 135 Mark B. COZZENS, Appellant, v. ST. JOE CONTAINER COMPANY and Hewitt, Coleman and
Associates, Appellees.
TEXT: PER CURIAM. The claimant challenges a workers compensation order denying his claim for
addit...whether there is a causal relationship between the industrial accident and the claimant s
loss of earnings. ERVIN, BARFIELD and ALLEN, JJ., concur.
587-CITE: 651 So.2d 708 Anthony D. STRAW, Appellant, v. STEVE MOORE CHEVROLET and Claims Center,
Appellees.
TEXT: VAN NORTWICK, Judge. Anthony D. Straw (claimant) appeals an order of the judge of
compensati...t, can make an initial determination concerning the intended extent of the settlement.
Grand Bay Hotel v. Guerra, 605 So.2d 134 (Fla. 1st DCA 1992).
588-CITE: 702 So.2d 572 CAMPUS CRUSADE FOR CHRIST, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et
al., Appellees.
TEXT: COBB, Judge. Campus Crusade for Christ, Inc. [employer], appeals from a final order of the
U... it is entitled to such a determination. AFFIRMED; CAUSE REMANDED FOR FURTHER PROCEEDINGS.
HARRIS, J., and BRIGGS, D. F., Associate Judge, concur.
589-CITE: 563 So.2d 183 Tracy SIMMONDS, Appellant, v. Della Mae LOWERY and Katrina Laverne Wiley,
Appellees.
TEXT: WARNER, Judge. This is an appeal from an order granting the defendant s motion for new
trial...anting new trial with directions to reinstate the verdict and enter judgment thereon.
Reversed and remanded. HERSEY, C.J., and DOWNEY, J., concur.
590-CITE: 488 So.2d 148 FLORIDA POWER & LIGHT COMPANY, Appellant, v. Orlando FLEITAS, Jr., Appellee.
TEXT: HUBBART, Judge. This is an appeal by the defendant Florida Power and Light Co. [FP & L]
from... reversed and the cause is remanded to the trial court with directions to enter a judgment in
favor of the defendant FP & L. Reversed and remanded.
591-CITE: 630 So.2d 653 HARTFORD INSURANCE COMPANY OF THE SOUTHEAST, Appellant, v. STATE FARM FIRE AND
CASUALTY COMPANY, Appellee.
TEXT: GLICKSTEIN, Judge. This appeal is from a final declaratory decree rendered by the trial
cour...el Trail, we believe that Zimmerman was insured under the State Farm policy. We therefore
reverse and remand. DELL, C.J., and PARIENTE, J., concur.
592-CITE: 734 So.2d 529 Richard T. HANLEY, Appellant, v. Sharon Beck HANLEY, Appellee.
TEXT: ON MOTION FOR CERTIFICATION STONE, C.J. We grant Appellant s motion for certification of
co... the fair rental value of the marital home should be added to the in-possession co-tenant s
gross income for the purpose of computing child support.
593-CITE: 573 So.2d 383 PAN AMERICAN WORLD AIRWAYS and GAB Business Services, Inc., Appellants, v. Eva
MASH, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from an order of the judge of compensation
c...of claimant s AWW and remand with directions to redetermine claimant s AWW in a manner
consistent with this opinion. SHIVERS and WOLF, JJ., concur.
594-CITE: 742 So.2d 436 FARM CREDIT OF NORTH FLORIDA, ACA, Appellant, v. DOUBLE H DAIRY, INC., a Florida
corporation; and Conagra, etc., Appellees.
TEXT: PER CURIAM. This is an appeal from a final judgment on a writ of garnishment against Farm
Cr...pecified future sums. AFFIRMED in part, REVERSED in part, and REMANDED for further consistent
proceedings. JOANOS, WOLF and PADOVANO, JJ., concur.
595-CITE: 632 So.2d 170 Bradford BLICKLE, Appellant, v. BRADWOOD COLLECTIONS and Claims Center,
Appellees.
TEXT: ZEHMER, Chief Judge. Bradford Blickle (Claimant) appeals a workers compensation order
awardi... raised on appeal, we affirm as to each without further discussion. AFFIRMED IN PART,
REVERSED IN PART, and REMANDED. MINER and WOLF, JJ., concur.
596-CITE: 543 So.2d 222 THE FLORIDA BAR, Complainant, v. George W. WILDER, Respondent.
TEXT: PER CURIAM. George W. Wilder, a member of The Florida Bar, seeks review of the findings of
t... entered, for which sum let execution issue. It is so ordered. EHRLICH, C.J., and OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
597-CITE: 561 So.2d 1269 Nick A. ARONE, Appellant, v. Choya Allen SHERWOOD, Holmes Lumber Company, a
Florida Corporation, Kara S. Peterson, Birdsall Plumbing and FEISCO, Appellees.
TEXT: PER CURIAM. Nick Arone, the plaintiff appellant, was an employee of Birdsall Plumbing and
wa... considered by the trial court in these circumstances. See generally, American State Insurance
Company v. Rozier, 450 So.2d 547 (Fla. 4th DCA 1984.)
598-CITE: 680 So.2d 1130 Jorge De ARMAS, Appellant, v. Calvin ROSS, et al., Appellees.
TEXT: NESBITT, Judge. Plaintiff-appellant Jorge De Armas appeals a final order dismissing his
comp...that the relief he is seeking under the Act could not be fully carried out and satisfied by
the City in the event he ultimately prevails. Affirmed.
599-CITE: 578 So.2d 460 Daniel BROSNAN, Appellant Cross-Appellee. v. SOURBECK ROOFING, INC., Crims,
Inc., Appellees Cross-Appellants.
TEXT: JOANOS, Judge. This is an appeal and cross-appeal from a workers compensation order. The
cla...or such education and TTD benefits. In all other respects, the order of the judge of
compensation claims is affirmed. ERVIN and MINER, JJ., concur.
600-CITE: 440 So.2d 16 Mirth K. BROWN, Appellant, v. Dwight D. BROWN, Appellee.
TEXT: LARRY G. SMITH, Judge. The seventeen-year marriage of these parties ended in a 1979
Maryland...NTWORTH and JOANOS, JJ., concur. ------------ (FN1) See, 25 Fla.Jur.2d, Family Law,
Section 482; Chastain v. 0 Chastain, 73 So.2d 66, 68 (Fla.1954).
601-CITE: 511 So.2d 666 The OLD COVE CONDO and West American Insurance Company, Appellants, v. Robert
Hugh CURRY, Appellee.
TEXT: MILLS, Judge. The Old Cove Condo and West American Insurance Co. (E C) appeal an order of
th...d the case remanded with directions that Curry be required to complete and file a benefit form
for that period. SMITH, C.J., and ERVIN, J., concur.
602-CITE: 697 So.2d 186 David GRICE and Paul MacPherson, Appellants, v. CITY OF KISSIMMEE and Kissimmee
Police Department, Appellees.
TEXT: HARRIS, Judge. This consolidated appeal challenges the dismissal of officers Grice and
MacPh...new termination hearing with appropriate due process safeguards. AFFIRMED in part; REVERSED
in part and REMANDED. GOSHORN and ANTOON, JJ., concur.
603-CITE: 438 So.2d 116 SAUDI ARABIAN AIRLINES CORPORATION and Iowa National Mutual Insurance Company,
Appellants, v. Thomas Harrison DUNN, Jr., et al., Appellees.
TEXT: LARRY G. SMITH, Judge. This is an appeal from a judgment entered after a jury trial in a
neg... from considering those facts which were previously unavailable to it when its review of a
motion to abate was limited to allegations and not proof.
604-CITE: 543 So.2d 833 Harvey E. BERNHARDT, M.D., Appellant, v. JACKSONVILLE MEDICAL CENTER INC., a
Florida corp., Appellee.
TEXT: WENTWORTH, Judge. Appellant Bernhardt seeks review of a July 27, 1988 order reducing an
awar... is accordingly reversed and the cause remanded with directions that the judgment based on
the verdict be reinstated. ERVIN and BOOTH, JJ., concur.
605-CITE: 569 So.2d 780 Wayne HOLLAND, Appellant, v. COURTESY CORPORATION and Adjustco, Inc., Appellees.
TEXT: BOOTH, Judge. This cause is before us on appeal from an order of the judge of compensation
c...se for proceedings consistent with this opinion. SHIVERS, C.J., and ALLEN, J., concur.
------------ (FN1) Now Section 440.02(10), Fla.Stat. (1989).
606-CITE: 644 So.2d 160 Larry E. MASON, Appellant, v. The DISTRICT BOARD OF TRUSTEES OF BROWARD
COMMUNITY COLLEGE, a Body Corporate, Appellee.
TEXT: PER CURIAM. The jury in the instant case found appellant and appellee equally negligent. It
... 1984); Skelly v. Hartford Casualty Ins. Co., 445 So.2d 415 (Fla. 4th DCA 1984); and Rodriguez v.
Allgreen Corp., 242 So.2d 741 (Fla. 4th DCA 1971).
607-CITE: 609 So.2d 766 Nava HENDELMAN, as parent and best friend of Sivan Hendelman, a minor,
Appellant, v. LION COUNTRY SAFARI, INC., Appellee.
TEXT: PER CURIAM. AFFIRMED. WALDEN, JAMES H., Senior Judge, concurs. DELL, J., concurs
specially...ro verdict in the face of undisputed evidence of damages ordinarily requires a new
trial. I would reverse and remand for a new trial on all damages.
608-CITE: 617 So.2d 460 Larry WRIGHT, Appellant, v. DOUGLAS N. HIGGINS, INC., a foreign corporation,
Appellee.
TEXT: ON MOTION FOR REHEARING COPE, Judge. On consideration of appellee s motion for rehearing
we...tion by Higgins insurance carrier would constitute a change in position detrimental to the
party claiming estoppel, 403 So.2d at 400, i.e., Higgins.
609-CITE: 539 So.2d 1145 HILLSBOROUGH COUNTY SCHOOL BOARD and Poe Risk Management Services, Appellants,
v. Ora Mae FLITER, Appellee.
TEXT: MINER, Judge. In this workers compensation case, the employer carrier (e c) appeal that
port... So.2d at 710. Accordingly, the dc s order is herewith affirmed as to the issues raised on
appeal and cross appeal. BOOTH and JOANOS, JJ., concur.
610-CITE: 500 So.2d 547 John CUCCAROLLO, Appellant, v. GULF COAST BUILDING CONTRACTORS and U.S.F. & G.,
Appellees.
TEXT: THOMPSON, Judge. Claimant appeals a compensation order denying wage-loss benefits. We
affirm...ernative method of calculating average weekly wage by the calendar year, as opposed to
employing the 13-week period preceding the industrial injury.
611-CITE: 567 So.2d 916 Rebecca A. ZIPPERER, Appellant, v. William Ray ZIPPERER, Appellee.
TEXT: MINER, Judge. In this appeal, appellant, Rebecca Zipperer (former wife), urges that the
tria...tion for modification of final judgment. REVERSED and REMANDED for reconsideration
consistent with this opinion. ERVIN and WENTWORTH, JJ., concur.
612-CITE: 475 So.2d 736 Dale Roger WARREN, Appellant, v. Diane WARREN, Appellee.
TEXT: GRIMES, Acting Chief Judge. This is an appeal from an order allowing the custodial parent
to...erience of travel and exposure to a foreign culture. None of these circumstances exist in the
instant case. Reversed. OTT and DANAHY, JJ., concur.
613-CITE: 620 So.2d 1107 Michael Thomas PATTON, Appellant, v. STATE of Florida, DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, OFFICE OF CHILD SUPPORT ENFORCEMENT, ex rel. D.A.R., Appellee.
TEXT: ON MOTION FOR SUMMARY DISMISSAL PER CURIAM. Appellee, Department of Health and
Rehabilitati...te subject for litigation initiated by Patton on his own behalf. Motion granted;
appeal dismissed. FRANK, C.J., and RYDER and DANAHY, JJ., concur.
614-CITE: 647 So.2d 146 The SOUTHLAND CORPORATION and Kemper National Insurance Company, Appellants, v.
Jean REID, Appellee.
TEXT: ORDER The Court sua sponte corrects the name of appellee in the caption of this case, as
ref...ars would be a generous estimate, taking into account Reid s occasional contributions to food
and repairs, which claimant testified were infrequent.
615-CITE: 725 So.2d 1154 Lucinda Jean HINTON f k a Lucinda Jean Smith, Appellant Cross-Appellee, v.
James SMITH, Appellee Cross-Appellant.
TEXT: FULMER, Judge. In this dissolution action, the former wife challenges the trial court s
orde...r for hearing. *1160 Reversed and remanded for further proceedings in accordance with this
opinion. ALTENBERND, A.C.J., and CASANUEVA, J., Concur.
616-CITE: 483 So.2d 534 Alfred DAVIS, Appellant, v. PHILLIPS & JORDAN and FP & L Claims Management
Service, Appellees.
TEXT: PER CURIAM. Alfred Davis appeals from a final order of the deputy commissioner denying his
c...itten opinion. THOMPSON, Judge, dissenting. There is competent substantial evidence to support
the deputy commissioner s order and I would affirm.
617-CITE: 652 So.2d 432 Karen K. HUTSLAR, Appellant, v. Joseph E. LAPPIN, Jr., Appellee.
TEXT: JOANOS, Judge. Appellant, Karen K. Hutslar, appealed a non-final order computing temporary
c...Health insurance payments, excluding payments for coverage of the minor child. (f)
Court-ordered support for other children which is actually paid.
618-CITE: 710 So.2d 739 Linda KARTELL, Appellant, v. NEW HORIZONS OF THE TREASURE COAST, INC., f k a
Indian River Community Health Center, Inc., a Florida corporation, Appellee.
TEXT: STEVENSON, Judge. Appellant, Linda Kartell, appeals the dismissal with prejudice of her
thre...rial court may, in its discretion, deny leave to amend the complaint. See New River Yachting
Ctr. v. Bacchiocchi, 407 So.2d 607 (Fla. 4th DCA 1982).
619-CITE: 478 So.2d 353 William Earl CARPENTER, Appellant, v. Bobby BENSON a k a Robert Benson, et al.,
Appellees.
TEXT: ORFINGER, Judge. The issue on appeal is the correctness of the trial court s order setting
a...here was the $299.74 erroneously paid to the defendant after the service of the writ of
garnishment. AFFIRMED. COBB, C.J., and COWART, J., concur.
620-CITE: 537 So.2d 1085 Sandra M. MAULDEN, Appellant, v. Bill A. CORBIN, Appellee.
TEXT: BARFIELD, Judge. Sandra Maulden appeals an order awarding attorney fees and costs to Bill
Co... simply affirm the cost award for lack of a transcript of objections at the hearing. In all
other respects I fully concur with the court s opinion.
621-CITE: 511 So.2d 696 John GLYNN, Appellant, v. McKENZIE TANK LINES and Hewitt, Coleman & Associates,
Appellees.
TEXT: MILLS, Judge. John Glynn appeals from an order of the deputy commissioner denying his claim
...the hearing. We express no opinion on the applicability or not of the deemed earnings provision
after that date. SMITH, C.J. and ERVIN, J., concur.
622-CITE: 509 So.2d 930 DAYRON CORPORATION and the Claims Center, Petitioners, v. Frank MOREHEAD,
Respondent.
TEXT: PER CURIAM. We have for review Dayron Corp. v. Morehead, 480 So.2d 235 (Fla. 1st DCA 1985),
...he decision of the district court of appeal. It is so ordered. McDONALD, C.J., and OVERTON,
EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
623-CITE: 658 So.2d 1110 Richard PILNY, Appellant Cross-Appellee, v. Petronilla PILNY, Appellee
Cross-Appellant.
TEXT: SHARP, Judge. The husband appeals, and the wife cross-appeals, a final judgment of
dissoluti... have permitted an accurate calculation under the formula was not a part of the record.
The court below needs more evidence to do its job correctly.
624-CITE: 693 So.2d 541 H.B.A. MANAGEMENT, INC., Petitioner, v. The ESTATE OF May SCHWARTZ, Deceased, by
and through the Personal Representative, Alex Schwartz, Respondent.
TEXT: ANSTEAD, Justice. We have for review the decision of the Fourth District in Estate of
Schwar... be construed to include such a class. (FN6) We commend the Florida Bar Ethics Committee
for the thoroughness of its work in considering this issue.
625-CITE: 548 So.2d 701 Maurice A. FERRE and Mercedes M. Ferre, Appellants, v. CITY NATIONAL BANK OF
MIAMI, Appellee.
TEXT: PER CURIAM. The Ferres appeal a final order entered in proceedings supplemental to final
jud...Ct.1982). And lastly, there is ample evidence from Mr. Ferre himself that the purpose of the
transfer to his wife was to avoid creditors. Affirmed.
626-CITE: 568 So.2d 494 Betty F. KIRKLAND, Appellant, v. Joe Ray KIRKLAND, Appellee.
TEXT: ERVIN, Judge. Appellant, Betty F. Kirkland, appeals the trial court s judgment dissolving
th...ain real property to the husband is affirmed without discussion. AFFIRMED in part, REVERSED in
part, and REMANDED. NIMMONS and ALLEN, JJ., concur.
627-CITE: 482 So.2d 336 CITY OF CASSELBERRY, Petitioner, v. ORANGE COUNTY POLICE BENEVOLENT ASSOCIATION
and Florida Public Employees Relations Commission, Respondents.
TEXT: McDONALD, Justice. We have for review Orange County Police Benevolent Association v. City
of...that the City of Casselberry committed an unfair labor practice. It is so ordered. BOYD,
C.J., and ADKINS, OVERTON, EHRLICH and SHAW, JJ., concur.
628-CITE: 731 So.2d 708 DOLPHIN CRUISE LINE, INC., and Ulysses Cruises, Inc., Appellants, v. Stylianos
STASSINOPOULOS, Appellee.
TEXT: PER CURIAM. Dolphin Cruise Line, Inc. and Ulysses Cruises, Inc. (collectively Dolphin )
app...e award of a new trial. See Gaines, 701 So.2d at 1193. Based upon the foregoing, we affirm
the main appeal and reverse and remand the cross appeal.
629-CITE: 622 So.2d 570 Patricia THORNBER, John Franklin and Al Grant, Appellants Cross-Appellees, v.
The CITY OF FORT WALTON BEACH, Appellee Cross-Appellant.
TEXT: PER CURIAM. Before us is an appeal and cross-appeal from a post-judgment order on remand
fro...ful that such recovery could have been obtained even had the issue not been waived by failure
to appeal the dismissal of Count VI seeking such fees.
630-CITE: 686 So.2d 767 DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. Jim FREEMAN and
Gina Freeman, Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from an order requiring appellant to pay appellees money
f...262, 1262 (Fla. 3d DCA 1995); 17 Am.Jur.2d Contempt Section 130, at 488 (1990). (FN2) Shelley v.
District Court of Appeal, 350 So.2d 471 (Fla.1977).
631-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.
632-CITE: 513 So.2d 200 Amos A. SISTRUNK, Appellant Cross-Appellee, v. CITY OF DUNEDIN and Gallagher
Bassett Insurance Services, Appellees Cross-Appellants.
TEXT: ERVIN, Judge. The claimant appellant in this workers compensation case appeals the deputy
co...ross-appeal are affirmed. REVERSED in part, AFFIRMED in part, and REMANDED for further
consistent proceedings. SMITH, C.J., and MILLS, J., concur.
633-CITE: 738 So.2d 953 BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, Appellant, v. CITRUS, CANNERY
FOOD PROCESSING & ALLIED WORKERS, DRIVERS, WAREHOUSEMEN & HELPERS, LOCAL UNION 173 and Florida
Public Employees Relations Commission, Appellees.
TEXT: CASANUEVA, J. The Board of County Commissioners of Sarasota County ( Board ) appeals a
final...ues, albeit for only a year, even in the face of a negative vote by the bargaining unit
employees to ratify the contract. See Section 447.403(4)(e).
634-CITE: 475 So.2d 256 TIMMY WOODS BEVERLY HILLS, LTD., a California corporation, Appellant, v. Morris
GREENWALD, Appellee.
TEXT: NESBITT, Judge. Timmy Woods Beverly Hills, Ltd. (Woods) appeals denial of its motion for
new...y was confused, in which case a new trial on damages alone would be adequate, or compromising,
which would require a new trial on liability as well.
635-CITE: 554 So.2d 644 Shirley PARKER, Appellant, v. EATON CORPORATION, UAC Continental Insurance,
Appellees.
TEXT: NIMMONS, Judge. The claimant injured her back in a work-related accident in May 1985. On
app...86 and September 8, 1987, and reverse and remand with directions that the judge award those
benefits. REVERSED. WENTWORTH and JOANOS, JJ., concur.
636-CITE: 547 So.2d 991 POLK COUNTY SCHOOL BOARD and Hewitt, Coleman & Associates, Inc., Appellants, v.
Ruby D. COBBETT, Appellee.
TEXT: SHIVERS, Chief Judge. The employer carrier (E C) appeal portions of an order finding
claiman...retirement system and with inclusion of only the contractually vested sick leave benefits.
REVERSED and REMANDED. SMITH and BARFIELD, JJ., concur.
637-CITE: 590 So.2d 1114 LINDOS RENT A CAR and James D. Grant, Appellants, v. Constance STANDLEY,
Appellee.
TEXT: PER CURIAM. Appellee, Constance Standley, sued appellants, Lindos Rent A Car and James
Grant... not err in finding that appellee was entitled to a new trial on damages as well as
liability. GLICKSTEIN, C.J., and WARNER and POLEN, JJ., concur.
638-CITE: 581 So.2d 218 Jeffrey UJCIC, Appellant, v. CITY OF APOPKA, Florida, Appellee.
TEXT: PETERSON, Judge. Jeffrey Ujcic appeals from an adverse summary judgment in favor of the
City...low amendment of his complaint. We remand for further proceedings. REVERSED and REMANDED.
W. SHARP, J., and SAWAYA, T.D., Associate Judge, concur.
639-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.
640-CITE: 528 So.2d 917 INTERNATIONAL BANKERS INSURANCE COMPANY, Appellant, v. Susan ARNONE, Appellee.
TEXT: ON MOTION FOR REHEARING DELL, Judge. We deny appellant s motion for rehearing, however, we
...section 627.739(2) expressly excludes application of the deductible to the funeral, burial, or
cremation benefits provided by section 627.736(1)(c).
641-CITE: 650 So.2d 1060 KIRBY CENTER OF SPRING HILL, Appellant, v. STATE of Florida, DEPARTMENT OF
LABOR AND EMPLOYMENT SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION, Appellee.
TEXT: KAHN, Judge. Appellant Kirby Center of Spring Hill appeals from an order of the Department
o... statute s plain language or legislative intent and is not supported by competent substantial
evidence. REVERSED. BARFIELD and ALLEN, JJ., concur.
642-CITE: 695 So.2d 364 Dana Raye OXLEY, Appellant, v. Thomas E. OXLEY, Appellee.
TEXT: STONE, Judge. In addition to alimony issues, we are called upon to determine how child
suppo...in this case establish the appreciation as a marital asset because it resulted from the
efforts of the husband in setting the whole scheme in place.
643-CITE: 492 So.2d 1382 CITY OF RIVIERA BEACH, a Florida municipal corporation, and William Boone
Darden, Appellants, v. James FITZGERALD, Appellee.
TEXT: DELL, Judge. The City of Riviera Beach and William Boone Darden (Darden) appeal from a
final...to enter judgment in favor of Fitzgerald in the amount of $45,000. AFFIRMED IN PART;
REVERSED IN PART and REMANDED. DOWNEY and LETTS, JJ., concur.
644-CITE: 518 So.2d 1320 Samuel Roger KIRKLAND, Appellant, v. HAROLD PRATT PAVING, INC. and Cincinnati
Insurance Company, Appellees.
TEXT: ZEHMER, Judge. As the result of injuries suffered on November 25, 1985, in a motor vehicle
a... deputy s chastisement of claimant for missing scheduled appointments for treatment with Dr.
Frey between October 17 and the hearing on November 12.
645-CITE: 513 So.2d 195 Aaron McNEIL, Appellant, v. PROGRESSIVE DRIVER SERVICES and Liberty Mutual
Insurance Company, Appellees.
TEXT: ERVIN, Judge. The appellant claimant in this workers compensation case appeals that portion
...or an award of wage loss benefits after September 19, 1985 without the use of the `deemed
earnings of $260 per week used by the Deputy Commissioner.
646-CITE: 694 So.2d 40 John KORODY, Appellant, v. QUALITY STEEL AND CLAIMS CENTER, Appellee.
TEXT: DAVIS, Judge. Claimant, John Korody, suffered a compensable injury in the course and scope
o... of Moya; we reverse the award of penalties; and we reverse the failure to apply the
unemployment compensation offset. ERVIN and KAHN, JJ., concur.
647-CITE: 608 So.2d 844 Martin L. ROBBINS, M.D., P.A., et al., Appellants, v. I.R.E. REAL ESTATE FUND,
LTD., et al., Appellees.
TEXT: NESBITT, Judge. Tenants of a commercial building complex appeal an adverse declaratory
judgm...aried personnel to collect these unauthorized charges cannot be termed operating expenses
and cannot be passed on to tenants. The motion is denied.
648-CITE: 437 So.2d 758 John SPITZER, Appellant, v. BARTLETT BROTHERS ROOFING and Risk Management
Services, Inc., Appellee.
TEXT: ZEHMER, Judge. Claimant, John Spitzer, appeals from an order of the deputy commissioner
deny...lation to three months catastrophic loss benefits is REVERSED. In all other respects, the
order is AFFIRMED. BOOTH and LARRY G. SMITH, JJ., concur.
649-CITE: 627 So.2d 1307 Alejandro MOYA, Appellant, v. PALM BEACH COUNTY SCHOOL BOARD and Risk
Management, Appellees.
TEXT: ERVIN, Judge. Claimant, Alejandro Moya, appeals an order denying his claim for temporary
par...lier refusal of employment. I agree with the result in the present case because the forklift
position was frozen rather than filled by someone else.
650-CITE: 614 So.2d 1143 SARASOTA COUNTY SCHOOL DISTRICT, Appellant, v. SARASOTA CLASSIFIED TEACHERS
ASSOCIATION and the Public Employees Relations Commission, Appellees.
TEXT: SCHOONOVER, Judge. The Sarasota County School Board (school board) challenges a decision of
...is underfunding. We, therefore, reverse and remand for proceedings consistent herewith. Reversed
and remanded. LEHAN, C.J., and FRANK, J., concur.
651-CITE: 525 So.2d 481 Luis TRUJILLO, Appellant, v. SOUTHERN WINE & SPIRITS, Shaw Ross Importers, Inc.,
and Employees Insurance of Wausau, Appellees.
TEXT: PER CURIAM. Claimant Luis Trujillo appeals a workers compensation order denying his claim
fo...ther proceedings consistent with this opinion. REVERSED AND REMANDED. WENTWORTH and BARFIELD,
JJ., and FRANK, RICHARD H., Associate Judge, concur.
652-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.
653-CITE: 585 So.2d 421 Tildon H. DAVIS, Appellant, v. The DEPARTMENT OF ADMINISTRATION, DIVISION OF
RETIREMENT, Appellee.
TEXT: WOLF, Judge. Davis appeals from a final administrative order of the Department of
Administra...s of this opinion. WIGGINTON and ALLEN, JJ., concur. ------------ (FN2) See factors
outlined in Cantor for determining the employment relationship.
654-CITE: 677 So.2d 909 RUNYON ENTERPRISES, INC., d b a A Temporary Solution, Appellant, v. S.T. WICOLE
CONSTRUCTION CORPORATION OF FLORIDA, INC., et al., Appellees.
TEXT: PARIENTE, Judge. Appellant, Runyon Enterprises, Inc., d b a A Temporary Solution
(plaintiff)... for a new trial and proceedings consistent with this opinion. REVERSED AND REMANDED.
KLEIN, J., and GENDEN, MICHAEL, A., Associate Judge, concur.
655-CITE: 573 So.2d 124 Dennis WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In the early afternoon of August 21, 1989, two uniformed police officers drove
u...appellant s conviction of possession with intent to sell. AFFIRMED IN PART; REVERSED IN PART.
HERSEY, C.J., and GLICKSTEIN and POLEN, JJ., concur.
656-CITE: 586 So.2d 460 William T. STEFANOWITZ, Appellant, v. Audrey J. STEFANOWITZ, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from a dissolution of marriage and
equitable... of the fee award. Accordingly, we affirm in part and reverse and remand for
proceedings consistent herewith. JOANOS, C.J., and ALLEN, J., concur.
657-CITE: 744 So.2d 1062 GENERAL CRANE, INC., a Florida corporation, and Greg Teslia, Appellants, v.
Grady McNEAL and Annette McNeal, his wife, Appellees.
TEXT: STONE, J. We affirm a final judgment in favor of Appellees against General Crane, Inc.,
(Gen...all other issues raised, we also find no reversible error or abuse of discretion. Therefore,
the judgment is affirmed. DELL and GROSS, JJ., concur.
658-CITE: 547 So.2d 232 Douglas GARRICK, Appellant, v. WILLIAM THIES & SONS and Poe Risk Management,
Appellees.
TEXT: PER CURIAM. In this workers compensation case, claimant timely appeals an order by the
deput...that our instructions on remand do not require a particular result. Reversed and remanded
with instructions. BOOTH, JOANOS and MINER, JJ., concur.
659-CITE: 739 So.2d 637 GAB BUSINESS SERVICES, INC., and Bio Lab, Inc., v. Raymond O. DIXON, Appellee.
TEXT: PER CURIAM. This case involves the social security disability offset authorized in section
4... GREATER THAN HIS OR HER AVERAGE WEEKLY WAGE? REVERSED and REMANDED for further consistent
proceedings. ERVIN, WEBSTER and LAWRENCE, JJ., CONCUR.
660-CITE: 581 So.2d 906 SHARFF, WITTMER & KURTZ, P.A. and James D. GRAINGER, Appellants, v. Joseph M.
MESSANA and Ruth B. Messana, Appellees.
TEXT: PER CURIAM. This is an appeal by the defendants Sharff, Wittner & Kurtz, P.A. and James D.
G...Morris v. NN Investors Life Ins. Co., 553 So.2d 1306, 1307 (Fla. 3d DCA 1989) (Schwartz, C.J.,
dissenting), review denied, 563 So.2d 633 (Fla.1990).
661-CITE: 433 So.2d 1380 Stanley S. MOLES, Garrison G. Watts, Jr., Robert T. Walker, Bruce A. Schorr,
William J. Richards, Jr., John S. Vaicaitis, Ronald E. Bowers, David E. Longacre, Charles W.
Markham, Daniel W. Mason, George Spoto, Jr., and Joseph K. Wilcoxen, as Individuals, and Stanley S.
Moles, M.D., a Florida corporation, Appellants, v. Edward W. GOTTI, M.D., Appellee.
TEXT: GRIMES, Judge. This appeal from a judgment in the amount of $119,249.39 centers upon
whether...judgment entered below and remand the case for a new trial at which the disputed evidence
may be introduced. OTT, C.J., and SCHOONOVER, J., concur.
662-CITE: 509 So.2d 1270 GENERAL TELEPHONE CO. OF FLORIDA and Kemper Insurance Group, Appellants, v.
Michael WILLCOX, Appellee.
TEXT: JOANOS, Judge. In this workers compensation appeal, appellants challenge the deputy
commissi...ct sick leave time. AFFIRMED in part, REVERSED in part, and REMANDED for proceedings
consistent with this opinion. BOOTH and NIMMONS, JJ., concur.
663-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.
664-CITE: 671 So.2d 164 Norman BLUM, Appellant, v. PENSION INVESTORS CORPORATION, Paul, Landy, Beiley &
Harper, P.A., and Lawrence Ploucha, Appellees.
TEXT: SCHWARTZ, Chief Judge. Dr. Blum, a shareholder in the qualified pension plan of his P.A.,
su...iate consideration and determination of the merits of the cause. (FN6) Reversed and remanded.
------------ (FN6) About which we express no opinion.
665-CITE: 753 So.2d 121 James R. McELROY, as Personal Representative for the Estate of Mable E.
Christensen, deceased, Appellant Cross-Appellee, v. Gaylord C. PERRY, Appellee Cross-Appellant.
TEXT: FULMER, Judge. James R. McElroy, as personal representative for the Estate of Mable C.
Chris... need to engage in a harmless error analysis to decide whether the admission of Drs.
McCraney and Phillips reports would otherwise require reversal.
666-CITE: 674 So.2d 761 Mikhail GOLDENBERG and Irena Goldenberg, Appellants, v. REGIONAL IMPORT AND
EXPORT TRUCKING CO., INC., a New Jersey Corporation, Karen Geiger, an individual, Jack Trammell, an
individual, d b a University at Sunrise Exxon and Brian Kolb, an individual, Appellees.
TEXT: PARIENTE, Judge. Appellants, Mikhail Goldenberg and Irena Goldenberg (plaintiffs), appeal
fr...f the motion for directed verdict. See Simpson v. Simpson, 232 So.2d 249 (Fla. 1st DCA 1970).
REVERSED and REMANDED. KLEIN and GROSS, JJ., concur.
667-CITE: 526 So.2d 716 45TH STREET MENTAL HEALTH CENTER, INC., Appellant, v. DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of a Department of Health and Rehabilitative
Servic...lem by subjecting appellant to appellee s unilateral power to alter the parties rights by
promulgating rule changes not then reasonably anticipated.
668-CITE: 467 So.2d 1072 Richard L. WARE, John R. Elliott, and Rick L. Hazen, Appellants, v. MONEY-PLAN
INTERNATIONAL, INC., Appellee.
TEXT: SCHOONOVER, Acting Chief Judge. The appellants, Richard L. Ware, John R. Elliott, and Rick
L... we reverse and remand with instructions to enter a judgment for appellants. Reversed and
remanded with instructions. FRANK and HALL, JJ., concur.
669-CITE: 598 So.2d 89 FRATERNAL ORDER OF POLICE, Appellant, v. CITY OF MIAMI, Appellee.
TEXT: ON MOTION FOR REHEARING LEVY, Judge. The opinion filed June 18, 1991, is withdrawn and the
...ansportation, 516 So.2d 972 (Fla. 1st DCA 1987); Koenig v. Tyler, 360 So.2d at 104; Heath v.
Central Truck Lines, Inc., 195 So.2d at 588. Affirmed.
670-CITE: 754 So.2d 795 C & S CHEMICALS, INC., Appellant, v. Lawrence D. McDOUGALD, Appellee.
TEXT: PER CURIAM. C & S Chemicals, Inc. (C & S) appeals the trial court s order awarding attorney
...the spare tire. Thus, contrary to McDougald s assertions at oral argument, the three defendants
in this case were not necessarily joint tortfeasors.
671-CITE: 497 So.2d 948 PARKER LUMBER COMPANY and Catawba Insurance Company, Appellants, v. Robert A.
HART, Appellee.
TEXT: MILLS, Judge. Parker Lumber Company and Catawba Insurance Company (E C) appeal from a
worker...nder this point is without merit. The order appealed from is affirmed in all respects.
BOOTH, C.J., concurs. WENTWORTH, J., agrees to conclusion.
672-CITE: 467 So.2d 1023 BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY, Appellant, v. CENTRAL FLORIDA
PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL 2057, IAFF, and Public Employees Relations Commission,
Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a final order of the Public Employees Relations
Commi...e order which require notice posting and costs and attorney s fees are reversed. It is so
ordered. FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.
673-CITE: 514 So.2d 1086 Robert P. MORROW, Petitioner, v. DUVAL COUNTY SCHOOL BOARD, Respondent.
DEPARTMENT OF ADMINISTRATION, etc., Petitioners, v. DUVAL COUNTY SCHOOL BOARD, Respondent.
TEXT: OVERTON, Justice. This is a petition to review Duval County School Board v. Department of
Ad...ate the order of the administrative hearings officer. It is so ordered. McDONALD, C.J., and
EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
674-CITE: 754 So.2d 198 Edward MEYERS and Tammy Meyers, Appellants, v. The CITY OF JACKSONVILLE,
Appellee.
TEXT: BROWNING, J. Appellants, Edward and Tammy Meyers, who are husband and wife, appeal the
trial...f action, we REVERSE the dismissal order and REMAND for further proceedings consistent with
this opinion. BARFIELD, C.J., and LAWRENCE, J., CONCUR.
675-CITE: 556 So.2d 419 Robert D. FEWOX and Adalia Bayfront Condominium, Ltd., d b a Adalia Condominium
Partnership of Florida, Appellants, v. McMERIT CONSTRUCTION COMPANY, McCarthy Construction Company,
and Federal Insurance Company, Appellees.
TEXT: EN BANC. RYDER, Judge. Appellants, who were the plaintiffs below, challenge the trial
court.... CAMPBELL, C.J., SCHEB, DANAHY, SCHOONOVER, LEHAN, FRANK, HALL, THREADGILL, PARKER AND
PATTERSON, JJ., and EDWARD F. BOARDMAN, (Ret.), J., concur.
676-CITE: 453 So.2d 161 BOYD-SCARP ENTERPRISES, INC. and State Farm Fire & Casualty Company, Appellants,
v. Charlie SAUNDERS and d b a Saunders Electric and Commerical Union Insurance Company, Appellees.
TEXT: SMITH, Judge. The employer carrier appeal a deputy commissioner s order granting workers
com... Because of our resolution of these *165 issues, the remaining issues raised by appellant are
moot. REVERSED. WENTWORTH and BARFIELD, JJ., concur.
677-CITE: 630 So.2d 620 BISCAYNE AQUA-CENTER, INC. Appellant, v. Olga HERNANDEZ, Appellee.
TEXT: PER CURIAM. Appellee sued based on injuries sustained when her husband s 18 ft. boat
encount...e was a passenger. I would reverse with directions to enter judgment for the defendant, in
other respects I concur with the opinion of the majority.
678-CITE: 603 So.2d 1317 Oren W. PAULSEN, Jr., Appellant, v. Joan B. PAULSEN, Appellee.
TEXT: ALLEN, Judge. The former husband, Oren W. Paulsen, Jr., appeals orders of the trial court
mo...the appellant pay the appellee s attorney s fee and costs associated with the modification, we
affirm that order. ZEHMER and BARFIELD, JJ., concur.
679-CITE: 616 So.2d 1215 Christopher S. OSTEEN and Charles M. Skeen, Appellants, v. STATE of Florida,
Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from orders imposing restitution. Appellants,
Christopher... there was no substantial competent evidence introduced at the restitution hearing to
prove the fact or amount of lost business caused by the theft.
680-CITE: 637 So.2d 308 Carl LUDWIG, Appellant, v. David L. LADNER and Betty Ladner, his wife,
Appellees.
TEXT: ALTENBERND, Judge. The defendant, Carl Ludwig, appeals the final judgment in favor of the
pl...of this reversal are not matters raised by the parties, and we do not address them. Reversed
and remanded. FRANK, C.J., and PATTERSON, J., concur.
681-CITE: 573 So.2d 1004 Michelle GRESETH, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES, Appellee.
TEXT: WARNER, Judge. This is an appeal from an order by the Public Employees Relations Commission
...5); Purvis v. Dept. of Prof. Reg., 461 So.2d 134 (Fla. 1st DCA 1984). Reverse and remand.
POLEN, J., and SHAHOOD, GEORGE, Associate Judge, concur.
682-CITE: 473 So.2d 222 CAPE PUBLICATIONS, INC., Appellant Cross-Appellee, v. The CITY OF PALM BAY, et
al., Appellees Cross-appellants.
TEXT: ORFINGER, Judge. Cape Publications, Inc. appeals the order of the trial court denying its
mo...and the order denying the award of attorney s fees to appellant is affirmed. AFFIRMED in part,
REVERSED in part. DAUKSCH, and COWART, JJ., concur.
683-CITE: 488 So.2d 579 Donald H. SLUSHER, Appellant Cross Appellee, v. Drew S. GREENFIELD, Charles G.
Peck, Peter H. Joyce, David L. Harr, and McCorkle Radiology Associates, Inc., Appellees Cross
Appellants.
TEXT: HERSEY, Chief Judge. The determinative issue in this appeal is whether those portions of a
c...ppellant s employment agreement. In all other respect we affirm. REVERSED IN PART; AFFIRMED IN
PART; AND REMANDED WALDEN and GUNTHER, JJ., concur.
684-CITE: 528 So.2d 1358 Deysi DELGADO, Appellant, v. Jose SILVARREY, Appellee.
TEXT: PER CURIAM. This is an appeal from an order of the trial court denying the mother s
petition... *1362 Jose, Jr., and whether such a change would be in the best interests of the
children. Vacated in part; reversed and remanded with directions.
685-CITE: 503 So.2d 1269 Malcolm W. ANDERSON, Sr., Warren Warder and Myrl F. Nelson, Appellants, v.
LYKES PASCO PACKING COMPANY, Appellee.
TEXT: PER CURIAM. Plaintiffs appeal a final judgment rendered July 19, 1985, granting defendant s
...elson and Warder. We reverse the judgment against Anderson and remand for further proceedings.
GRIMES, A.C.J., and HALL and SANDERLIN, JJ., concur.
686-CITE: 676 So.2d 58 DAYCO PRODUCTS & Crawford & Company, Appellants v. Billy L. RUE, Appellee.
TEXT: KAHN, Judge. In this workers compensation case, the Judge of Compensation Claims (JCC)
grant...gency under section 440.25(4)(h), Florida Statutes. I am convinced that the judge of
compensation claims did not abuse his discretion in so finding.
687-CITE: 556 So.2d 443 The SCHOOL BOARD OF LEON COUNTY, Florida Appellant, v. James WEAVER, Appellee.
TEXT: ERVIN, Judge. Appellant, the School Board of Leon County, Florida (Board), seeks review of
a...dered on September 20, 1988. (FN6) Requiring, inter alia, that a final order be rendered within
90 days after the submission of a recommended order.
688-CITE: 670 So.2d 162 Kelvin BRADLEY, Appellant, v. The HURRICANE RESTAURANT and Associated Industries
of Florida Property and Casualty Trust, Appellees.
TEXT: BARFIELD, Judge. The claimant, Kelvin Bradley, seeks review of an order issued after an
emer...mpensation benefits to the more seriously injured workers to one-half of their TTD rate for
an even longer period of time than less injured workers.
689-CITE: 547 So.2d 966 Milton D. NINIA, Appellant, v. SOUTHWEST BOTTLERS and Liberty Mutual Insurance
Company, Appellees.
TEXT: JOANOS, Judge. Claimant in this workers compensation case appeals the deputy commissioner s
...nemployment compensation received during the pertinent time periods. See Hill v. Baptist
Hospital, 464 So.2d at 1352. BOOTH and MINER, JJ., concur.
690-CITE: 691 So.2d 580 Gary L. WILLIAMS, Appellant, v. CITY OF FORT WALTON BEACH, Appellee.
TEXT: BENTON, Judge. A law enforcement officer, Gary L. Williams, was temporarily unable to work
b...cur. ------------ (FN5) Today s decision does not preclude appellant s pursuing his claim of
entitlement to full-pay status in an appropriate forum.
691-CITE: 701 So.2d 1245 Charles James KILLIUS, Appellant Cross-Appellee, v. Sherril Ann KILLIUS,
Appellee Cross-Appellant.
TEXT: W. SHARP, Judge. Charles Killius appeals from a final judgment in a dissolution case. He
arg...make complete findings rather than rely upon the appellate court to search the record for
evidence to support the result reached by the trial court.
692-CITE: 560 So.2d 1193 Marvin ASZKENAS, Appellant, v. J.B. ROBINSON JEWELERS, INC., Appellee.
TEXT: COPE, Judge. The principal question presented by the present case is whether the state
court...ice of forum for one not already represented by counsel, the other provisions of the Act are
readily enforceable in state, as well as federal court.
693-CITE: 655 So.2d 1220 Loue E. STOCKWELL, JR., and Camille L. Larose, Appellants, v. CITIZENS NATIONAL
BANK AND TRUST COMPANY, Henry W. Hanff, Melvin C. Draft, Austin L. Fillmon, Pandurang Z. Kamat,
Lester Mallet, James M. Marlowe, Dennis L. Murphy, Ralph W. Shannon, Thomas D. Stelnicki, in their
individual capacities and as directors, Appellees.
TEXT: PARKER, Judge. Appellants, Loue E. Stockwell, Jr., and Camille L. Larose seek review of the
...ase to the trial court. In doing so, we certify conflict with Bennett. Affirmed in part;
reversed in part. DANAHY, A.C.J., and QUINCE, J., Concur.
694-CITE: 597 So.2d 858 Von BURKS, Appellant, v. DAY S HARVESTING, INC. and Crims, Inc., Appellees.
TEXT: PER CURIAM. Mr. Burks, the claimant in a workers compensation proceeding, presents two
issue...whether the JCC erred in finding that the transportation provided to Burks would normally be
included as a fringe benefit is not properly before us.
695-CITE: 513 So.2d 1364 Rosalina BADO, Appellant, v. CANTEEN CORPORATION and CNA Insurance Companies,
Appellees.
TEXT: BARFIELD, Judge. The claimant appeals a workers compensation order finding that she
voluntar... a good faith job search, or whether she continued, by her actions or omissions, to
voluntarily limit her income. BOOTH and WIGGINTON, JJ., concur.
696-CITE: 537 So.2d 1071 Richard Allen HEUSER and Mary Margaret Heuser, Appellants, v. SUNBELT
ENTERPRISES, INC., d b a Waterbed Delight, Appellee.
TEXT: WENTWORTH, Judge. Appellants seek review of a final summary judgment entered against them
in...y summary judgment. Hannah at 509. The order is reversed and the cause remanded for further
consistent proceedings. ERVIN and ZEHMER, JJ., concur.
697-CITE: 505 So.2d 422 BROWARD COUNTY, etc., Petitioners, v. John LA ROSA, Respondent.
TEXT: McDONALD, Chief Justice. We have for review Broward County v. La Rosa, 484 So.2d 1374 (Fla.
... courts of appeal, circuit courts and county courts. No other courts may be established by the
state, any political subdivision or any municipality.
698-CITE: 520 So.2d 66 William WALKER, Appellant, v. CITY OF TAMPA, Appellee.
TEXT: WIGGINTON, Judge. In this workers compensation case, claimant appeals from the order of the
...uty for reconsideration of the claim. REVERSED and REMANDED for further proceedings consistent
with this opinion. BOOTH and BARFIELD, JJ., concur.
699-CITE: 560 So.2d 1273 CITY OF PENSACOLA and Travelers Insurance Company, Appellants, v. Paul
WINCHESTER, Appellee.
TEXT: JOANOS, Judge. In this workers compensation appeal, the City of Pensacola and Travelers
Insu...o his full disability pension, and therefore affirm the appealed workers compensation order
in all respects. SHIVERS, C.J., and ZEHMER, J., concur.
700-CITE: 658 So.2d 1208 Thomas GRICE, Appellant, v. ESCAMBIA COUNTY SHERIFF S DEPARTMENT & Escambia
County Risk Management, Appellees.
TEXT: SMITH, Senior Judge. The claimant, Thomas Grice, appeals a workers compensation order in
whi...EXCEEDS THE EMPLOYEE S AVERAGE WEEKLY WAGE? The order on appeal is REVERSED, and the question
above is certified. BARFIELD and ALLEN, JJ., concur.
701-CITE: 680 So.2d 573 Walter Earl NAGHTIN, Sr., Walter Earl Naghtin, Jr., and Doris Naghtin, d b a
Goldilocks and the Bears, Appellants, v. Gadis JONES, a Minor Child By and Through Gina JONES, His
Natural Mother and Next Friend, and Gina Jones, Individually, Appellees.
TEXT: BENTON, Judge. This case raises the question whether, when parties to a lawsuit cannot
agree... plenary proceeding. George Vining & Sons, Inc. v. Jones, 498 So.2d 695 (Fla. 5th DCA 1986);
Wallace v. Townsell, 471 So.2d 662 (Fla. 5th DCA 1985).
702-CITE: 560 So.2d 1330 FEGLES POWER COMPANY, and Travelers Insurance Company, Appellants, v. Charles
BAGGETT, Appellee.
TEXT: NIMMONS, Judge. The employer and its carrier appeal from a final order awarding claimant
per...ier s claim for apportionment are supported by competent substantial evidence in the record
and hereby AFFIRMED. WENTWORTH and ZEHMER, JJ., concur.
703-CITE: 520 So.2d 645 Peter David FITZGERALD, Appellant, v. Elizabeth MOLLE-TEETERS, Appellee.
TEXT: PARKER, Judge. Appellant Fitzgerald, the defendant below, appeals from the trial court s
ord...nstate the jury verdict in favor of Molle-Teeters, and grant other relief as is consistent
with this opinion. LEHAN, A.C.J., and FRANK, J., concur.
704-CITE: 721 So.2d 756 Michael AURBACH and Marcia Elkington Aurbach, his wife, Appellants, v. Angelina
GALLINA, Carolina Gallina, and Louis Gallina, jointly and severally, Appellees.
TEXT: GROSS, J. Appellant Michael Aurbach was injured in an automobile accident by a car driven
by...finding of comparative negligence. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. STONE,
C.J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
705-CITE: 727 So.2d 302 Michael M. SOMMA, Appellant Cross-Appellee, v. METRA ELECTRONICS CORP., etc.,
Appellee Cross-Appellant.
TEXT: ANTOON, J. The dispositive issue raised in this action to enforce a promissory note is
wheth...ow and remand this matter to the trial court for proceedings consistent with this opinion.
REVERSED and REMANDED. GRIFFIN, C.J., and THOMPSON, J.,
706-CITE: 705 So.2d 66 Joan Louise BABIN, as Personal Harbor Representative of the Estate of Henry J.
Babin, Appellant, v. NORTH FLORIDA SHIPYARDS, INC., a Florida corporation; Primeco, Inc., a foreign
corporation, f b a Grace Equipment Company, d b a Prime Equipment and Prime Equipment, Appellees.
TEXT: JOANOS, Judge. Appellant, Joan Louise Babin, appeals the entry of summary final judgment in
...ause is remanded for further proceedings. BOOTH and VAN NORTWICK, JJ., concur. ------------
(FN3) 33 U.S.C. Section 902(3). (FN4) 33 U.S.C. 903(a).
707-CITE: 454 So.2d 632 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, Appellant, v. Joella DeGRIO,
Appellee.
TEXT: NESBITT, Judge. The American Federation of Government Employees (AFGE) appeals a final
judgm...ing in deaths to close relatives of the plaintiffs; the seeing of these deaths allegedly
causing injuries to the plaintiffs. See Cadillac; Champion.
708-CITE: 746 So.2d 1176 Mary F. ROGERS, Appellant, v. Jerome R. ROGERS, Appellee.
TEXT: ALTENBERND, Judge. Mary F. Rogers ( former wife ) appeals an order terminating the
obligatio...ve he is not able to pay the full amount of the obligation if this is his only source of
income and he is unable to obtain any alternate employment.
709-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.
710-CITE: 540 So.2d 174 Lawrence A. MULLAN, Appellant, v. BISHOP OF THE DIOCESE OF ORLANDO, etc.,
Appellee.
TEXT: ORFINGER, Judge. Mullan appeals from an adverse summary judgment in his action seeking
damag...nt is reversed and the cause is remanded for further proceedings consistent herewith.
REVERSED and REMANDED. W. SHARP, C.J., and COBB, J., concur.
711-CITE: 463 So.2d 502 STRUCTURAL SYSTEMS, INC. Appellant, v. James P. WORTHEN, Appellee.
TEXT: THOMPSON, Judge. This is an appeal from an order finding the carrier at the time of the two
...remand the case to the deputy with directions for him to credit from future sums owed to
claimant, the amount paid to him pursuant to the agreement.
712-CITE: 445 So.2d 1023 LOUISVILLE AND NASHVILLE RAILROAD COMPANY, a Kentucky corporation authorized to
do business in Florida, and E.E. York, Appellants, v. Charles G. HICKMAN and Mary Hickman, his wife,
Appellees.
TEXT: LARRY G. SMITH, Judge. Appellants appeal an adverse jury verdict awarding compensatory
damag... ------------ (FN5) Judge Zehmer succeeded Judge (now Justice) Shaw as a panel member upon
Justice Shaw s elevation to the Supreme Court of Florida.
713-CITE: 687 So.2d 1378 MIAMI COLUMBUS, INC., et al., Appellants, v. Zahid A. RAMLAWI, et al.,
Appellees.
TEXT: CORRECTED OPINION SCHWARTZ, Chief Judge. The appellee Ramlawi (FN1) sued 21 defendants
seek... one record at one time, any multiple appeals from the final judgment or judgments to be
entered below may be consolidated for review by this Court.
714-CITE: 500 So.2d 158 DUVAL COUNTY SCHOOL BOARD, Appellant, v. STATE of Florida, DEPT. OF
ADMINISTRATION, Florida Commission on Human Relations, and Robert P. Morrow, Appellees.
TEXT: NIMMONS, Judge. The Duval County School Board ( School Board ) appeals from an order of the
...HIBIT THE COUNTY SCHOOL BOARD FROM REFUSING TO REHIRE A TEACHER ON AN ANNUAL CONTRACT MERELY
BECAUSE THE TEACHER HAS ATTAINED THE AGE OF 70 YEARS.
715-CITE: 549 So.2d 726 Jerry W. EDGAR, Appellant, v. THE SCHOOL BOARD OF CALHOUN COUNTY, Florida,
Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of a final order entered October 27, 1988, by the
S...hat conclusion, and no other basis for awarding costs or fees herein. Affirmed. ERVIN, J.,
concurs. ZEHMER, J., dissents without written opinion.
716-CITE: 497 So.2d 635 Rebecca Joyce PASTORE, Petitioner, v. Kenneth Wayne PASTORE, Respondent.
TEXT: ADKINS, Judge. In Pastore v. Pastore, 480 So.2d 231 (Fla. 1st DCA 1985), the First District
...ions to affirm the final judgment of the trial court. It is so ordered. McDONALD, C.J., and
BOYD, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.
717-CITE: 580 So.2d 151 Linda Earline ALVAREZ, Petitioner, v. BOARD OF TRUSTEES OF THE CITY PENSION FUND
FOR FIREFIGHTERS AND POLICE OFFICERS IN the CITY OF TAMPA, Respondent.
TEXT: KOGAN, Justice. We review Board of Trustees of the City Pension Fund v. Alvarez, 563 So.2d
1...tle VI-D case, section 443.051(3)(b) mandates deduction from unemployment compensation and
payment to the appropriate Title VI-D enforcement agency.
718-CITE: 690 So.2d 1372 Ronald Allen RITTER, Appellant, v. Margaret T. RITTER, Appellee.
TEXT: NORTHCUTT, Judge. Ronald Ritter seeks review of the final judgment dissolving his marriage
t... of this point on appeal. *1377 Affirmed in part, reversed in part, review denied in part, and
remanded. THREADGILL, C.J., and QUINCE, J., concur.
719-CITE: 654 So.2d 1059 Willis HOLDER, Appellant, v. Rufus Varnell WALDROP, Phillips and Jordan, Inc.,
a North Carolina corp., Charles William Wolfa, Textron Capital Corp., a California corp., Transco
Leasing Corp., a Georgia corp., Paper Board Cores, Inc., a Florida corp., and Cedartown Paper Board
Co., a dissolved Florida corp., Appellees.
TEXT: MINER, Judge. In this personal injury action, appellant, Willis Holder (FN1), appeals from
a...court because it adequately addresses the reservations I expressed in Lowry v. Logan, 650 So.2d
653, 658 (Fla. 1st DCA 1995) (Kahn, J., concurring).
720-CITE: 464 So.2d 251 FORTUNE INSURANCE COMPANY, Appellant, v. Theoria SIMS, Appellee.
TEXT: HERSEY, Judge. Appealed is a summary final judgment involving the appropriate application
of...cy which completes the application may fulfill the requirement on behalf of the insurer.
REVERSED and REMANDED. LETTS and GLICKSTEIN, JJ., concur.
721-CITE: 438 So.2d 964 Ilfautga GENELUS, Appellant, v. BORAN, CRAIG, SCHRECK CONSTRUCTION CO. and R.P.
Hewitt & Associates, Appellees.
TEXT: SHIVERS, Judge. In this workers compensation case Genelus appeals two orders of the deputy
c...actual findings. If those we have are not sufficient, I am unable to conceive of what other
reasons for denying benefits could be judged sufficient.
722-CITE: 556 So.2d 537 William H. HUFF, Appellant, v. Norilyn K. HUFF, Appellee.
TEXT: UPON APPELLEE S MOTION FOR REHEARING WALDEN, Judge. We grant appellee s Motion for
Rehearin...tment to their children is irrevocable, and that the legal system must make children s
needs the primary focus of the law in the context of divorce.
723-CITE: 511 So.2d 758 UNIWELD PRODUCTS, INC. and CNA Insurance Company, Appellants, v. Nelly LOPEZ and
Division of Workers Compensation, Appellees.
TEXT: PER CURIAM. The employer and carrier challenge the deputy commissioner s order awarding
cata...uisite training or rehabilitation, or that the loss in this case had any of the permanency
characteristics suggested by the language of the statute.
724-CITE: 501 So.2d 1352 Carol S. DUFFELL, Appellant, v. SOUTH WALTON EMERGENCY SERVICES, INC., a
political subdivision of the State of Florida, through its operation of the South Walton Emergency
Services, Inc., Florida International Indemnity Co., Phillip A. Quade, Mrs. Phillip A. Quade and
Allstate Insurance Company, Appellees.
TEXT: PER CURIAM. Having reviewed the record and considered the briefs of the parties, we find no
... 4th DCA 1966), cert. discharged, 193 So.2d 435 (Fla.1967). Accordingly, I would affirm in part,
reverse in part, and remand the case for new trial.
725-CITE: 675 So.2d 112 Jeffrey L. HANNAH, Petitioner, v. Veronica NEWKIRK, Respondent.
TEXT: HARDING, Justice. We have for review Newkirk v. Hannah, 655 So.2d 241 (Fla. 4th DCA 1995),
i...ssal. A plain reading of the statute does not provide for attorney fees on appeal, and the Court
should not write such a provision into the statute.
726-CITE: 447 So.2d 414 HILLDRUP TRANSFER & STORAGE OF NEW SMYRNA BEACH, INC., Appellant, v. STATE of
Florida, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF EMPLOYMENT, Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. Hilldrup Transfer & Storage of New Smyrna Beach, Inc.,
appeal...n that the drivers are employees. I would affirm. ------------ (FN19) See A. Duie Pyle,
Inc. (FN20) City Cab Co. of Orlando, Inc.; Justice; Cantor.
727-CITE: 446 So.2d 1045 Ruel A. GALBREATH, Petitioner, v. The SCHOOL BOARD OF BROWARD COUNTY, Florida,
et al., Respondents.
TEXT: McDONALD, Justice. This case is before us to review a district court decision, Galbreath v.
...hout merit. Accordingly, we approve the decision under review. It is so ordered. ALDERMAN,
C.J., and BOYD, OVERTON, EHRLICH and SHAW, JJ., concur.
728-CITE: 643 So.2d 1109 Pamela FORRESTER, Appellant, v. JOHN H. PHIPPS, INC., d b a WCTV - Channel 6
Television, Appellee.
TEXT: SMITH, Senior Judge. Appellant filed an amended complaint seeking damages under section
448....ng a cause of action under section 448.102, we affirm the dismissal of her complaint with
prejudice. AFFIRMED. BARFIELD AND LAWRENCE, JJ., concur.
729-CITE: 439 So.2d 1019 RECON PAVING, INC. and General Accident Group, Appellants, v. Ralph D. COOK,
Appellee.
TEXT: ROBERT P. SMITH, Jr., Judge. The principal contention on this appeal by the employer and
car...portedly afforded by the 1982 statute, opting instead to challenge the constitutionality of
the 1979 statute in effect at the time of this accident.
730-CITE: 519 So.2d 1114 Ellen BILOW, Appellant, v. Paul BENOIT, Appellee.
TEXT: ZEHMER, Judge. Ellen Bilow appeals from a final judgment denying her prayer for specific
per...ance or, alternatively, damages if Benoit is unable to specifically perform the contract.
REVERSED AND REMANDED. BOOTH and WIGGINTON, JJ., concur.
731-CITE: 556 So.2d 406 PRESTRESSED DECKING CORP. and Travelers Insurance Company, Appellants, v.
Edgardo MEDRANO, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal of an order adjudicating claimant
permanentl...ions elicited information that, at the same time claimant was being treated by a
psychiatrist, the psychiatrist was also counseling claimant s wife.
732-CITE: 678 So.2d 435 Dennis P. CROWLEY, Appellant Cross Appellee, v. Catherine C. CROWLEY, Appellee
Cross-Appellant.
TEXT: SPEISER, MARK A., Associate Judge. The husband, Dennis Crowley, appeals from a final
judgmen...gard. ------------ (FN3) The trial court did impute $900 per month to the wife and did
factor this amount into determining the child support amount.
733-CITE: 457 So.2d 1351 Lorean S. EVANS; Henry McDermott; Lucille McDermott; and Cheryl Lee Harrison,
Appellants, v. George FIRESTONE, as Secretary of State of Florida; and Reason 84: the Committee For
Citizens Rights In Civil Actions, a political action committee, Appellees.
TEXT: PER CURIAM. The declaratory judgment entered in this cause September 14, 1984 by the
Honorab...ary on a disinterested third party, such as the Secretary of State, thus removing the
inclination to politicize the amendment in the ballot summary.
734-CITE: 599 So.2d 706 CHURCH S FRIED CHICKEN and The Travelers Insurance Company, Appellants, v.
William MALONEY, Appellee.
TEXT: PER CURIAM. Church s Fried chicken (employer) and The Travelers Insurance Company (carrier)
.... Accordingly, no error in the judge s order having been demonstrated by appellants, the order
is AFFIRMED. ERVIN, BOOTH and ZEHMER, JJ., concur.
735-CITE: 537 So.2d 145 ZUBI ADVERTISING SERVICES, INC., a Florida corporation, Appellant, v. STATE of
Florida, DEPARTMENT OF LABOR AND UNEMPLOYMENT SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION,
Appellee.
TEXT: JORGENSON, Judge. Zubi Advertising Services, Inc., appeals from a final order of the
Directo...f Coast, or vaudeville actors performing their craft under the directives of a music hall
producer, Radio City. The order under review is reversed.
736-CITE: 521 So.2d 282 B.J. PEARCE, et al., Petitioners, v. DORAL MOBILE HOME VILLAS, INC., Respondent.
TEXT: PER CURIAM. Petitioners are tenants of a mobile home park who are presently involved in a
su...ase is remanded to the circuit court for further proceedings consistent with this opinion.
RYDER, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
737-CITE: 580 So.2d 869 Patricia DOSDOURIAN, Appellant, v. Richard Paul CARSTEN and Christine DeMario,
Appellees.
TEXT: ANSTEAD, Judge. Appellant, Patricia Dosdourian, challenges a final judgement apportioning
fa...BY THE SETTLING DEFENDANT S OBLIGATION IS FIXED BUT THE SETTLING DEFENDANT IS REQUIRED TO
CONTINUE IN THE LAW SUIT? STONE and WARNER, JJ., concur.
738-CITE: 553 So.2d 250 Thomas R. UGARTE, M.D., Thomas R. Ugarte, M.D., P.A., Appellants, v. Sharon
UGARTE, Appellee.
TEXT: REVISED OPINION LEVY, Judge. We withdraw the Opinion dated September 12, 1989, and
substitu...ver an appropriate means to preserve the assets from the husband s misconduct and
mismanagement until the assets are divided at the time of divorce.
739-CITE: 448 So.2d 1009 Dorman K. KIMBRELL, Jr., and Earlene M. Kimbrell, his wife, Petitioners, v.
Phillip PAIGE, et al., Respondents.
TEXT: ADKINS, Justice. This cause is before us on a question certified to the Court by the Fourth
...prove the district court of appeal s affirmance of the dismissal of the wife s claim, and would
remand with instruction to set aside such dismissal.
740-CITE: 670 So.2d 977 STATE, DEPARTMENT OF TRANSPORTATION, Appellant, v. L.N. MURRAY, et ux, et al.,
Appellee.
TEXT: PER CURIAM. Pursuant to an eminent domain proceeding, the Department of Transportation took
... properly excluded fixed costs from his differential analysis, on the assumption that fixed costs
would be incurred after the taking just as before.
741-CITE: 708 So.2d 607 Gene E. MYERS, M.D., an individual, and Pharr up the Crick, Inc., a corporation,
Appellants, v. V. John BROOK, as trustee, and Clayton Bredlau, M.D., an individual, Appellees.
William F. CRICK, M.D., Appellant, v. V. John BROOK, as trustee, and Clayton Bredlau, M.D., an
individual, Appellees.
TEXT: NORTHCUTT, Judge. Dr. Clayton Bredlau sued his former employer, Gene E. Myers, P.A. (the
P.... to the trial court to decide this issue. Judgment affirmed in part, reversed in part, and
remanded. CAMPBELL, A.C.J., and THREADGILL, J., concur.
742-CITE: 661 So.2d 1301 W.R. GRACE & COMPANY-CONN., and Owens Corning Fiberglas, Appellants, v. Earl
PYKE, Appellee.
TEXT: BARKDULL, Judge. This is an appeal from a final judgment against two defendants in an
asbest...ew denied, 645 So.2d 457 (Fla.1994). For that reason I concur in affirming on this issue,
and I concur in the remainder of the opinion of the court.
743-CITE: 558 So.2d 1072 TOYOTA OF PENSACOLA and Adjustco, Inc., Appellants, v. Buck E. MAINES,
Appellee.
TEXT: ERVIN, Judge. In this workers compensation appeal, Toyota and Adjustco, Inc., the employer
c...ultimate issue to be decided. See Section 90.703, Florida Statutes (1987). AFFIRMED.
WIGGINTON, J., concurs. WENTWORTH, J., agrees to conclusion.
744-CITE: 645 So.2d 422 ARROW AIR, INC. Petitioner, v. Michael WALSH, Respondent.
TEXT: KOGAN, Justice. We have for review Walsh v. Arrow Air, Inc., 629 So.2d 144 (Fla. 3d DCA
1993...hus not to apply in this case, we need not address Arrow Air s due process claim. We also
decline to address the other issues raised by the parties.
745-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.
746-CITE: 554 So.2d 1203 B. Elaine NEW, Appellant, v. DEPARTMENT OF BANKING AND FINANCE, DIVISION OF
ACCOUNTING AND AUDITING, Appellee.
TEXT: THOMPSON, Judge. B. Elaine New appeals an order of the Comptroller directing her to pay the
...order for this court setting an appropriate amount for a reasonable attorney s fee and costs.
REVERSED and REMANDED. SMITH and MINER, JJ., concur.
747-CITE: 689 So.2d 378 Gary ROBERTS, Appellant Cross-Appellee, v. Ellen D. ROBERTS, Appellee
Cross-Appellant.
TEXT: FARMER, Judge. We affirm the trial court s resolution of all issues on appeal except for
the...ised, for inclusion in the equitable distribution, which the court may thereupon adjust as the
facts may warrant. STEVENSON and GROSS, JJ., concur.
748-CITE: 587 So.2d 455 Paul GORMLEY, et al., Petitioners, v. GTE PRODUCTS CORPORATION, Respondent.
TEXT: PER CURIAM. We review Gormley v. GTE Products Corp., 549 So.2d 729 (Fla. 3d DCA 1989),
based... the law and the evidence because it heard prejudicial evidence. I would not do that and
would approve the decision of the district court of appeal.
749-CITE: 637 So.2d 299 Richard M. ALTILIO and Judy Altilio, Appellants, v. Aletha GEMPERLINE, Appellee.
TEXT: MICKLE, Judge. Appellants, Richard and Judy Altilio, appealed from the lower tribunal s
orde...al on the issue of future medical expenses and on future damages, if any, relating to the
need for future surgery. BOOTH and LAWRENCE, JJ., concur.
750-CITE: 640 So.2d 183 Heidi PATE and James Pate, her husband, Appellants, v. James B. THRELKEL, M.D.;
James B. Threlkel, M.D., P.A.; Gessler Clinic, P.A.; Shands Teaching Hospital & Clinics, Inc.; and
Florida Board of Regents, Appellees.
TEXT: SHIVERS, Senior Judge. Appellants bring this appeal from an order dismissing their
complaint...ze symptoms of a congenital disease, Greenwald was fundamentally a contract case. As
such, we do not consider it fully apposite to the instant case.
751-CITE: 621 So.2d 539 Matthew KESSLER, Appellant, v. COMMUNITY BLOOD BANK and Michigan Millers,
Appellees.
TEXT: MICKLE, Judge. Claimant, Matthew Kessler, appeals from an order of the Judge of
Compensation...that the JCC apparently overlooked. The order denying benefits is REVERSED and
REMANDED for further proceedings. ZEHMER AND BARFIELD, JJ., concur.
752-CITE: 686 So.2d 724 Judy HENSLEY, Appellant, v. PUNTA GORDA and Gallagher Bassett Service,
Appellees.
TEXT: KAHN, Judge. Judy Hensley, appellant and claimant in this workers compensation matter, asks
...ot cognizable under the ADA. McDonald v. Commonwealth of Massachusetts, 901 F.Supp. 471, 479
(D.Mass.1995) AFFIRMED. ERVIN and DAVIS, JJ., concur.
753-CITE: 624 So.2d 761 James J. WEAVER, Appellant, v. SCHOOL BOARD OF LEON COUNTY, Appellee.
TEXT: SMITH, Judge. Appellant, James J. Weaver (hereinafter Dr. Weaver or Weaver) appeals a final
...$150 per hour for the last 13 hours expended. No issue is presented on appeal as to fees awarded
to other counsel involved in the proceedings below.
754-CITE: 753 So.2d 55 NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant, v. PINNACLE MEDICIAL, INC.,
etc., and M & M Diagnostics, Inc., Appellees. Delta Casualty Company and Bankers Insurance Company,
Appellants, v. Pinnacle Medical, Inc., etc., and M & M Diagnostics, Inc., Appellees.
TEXT: WELLS, J. We have on appeal Delta Casualty Co. v. Pinnacle Medical, Inc., 721 So.2d 321
(Fla...fty percent of the difference between the amount offered and the amount that party was
seeking. See Section 627.736(5)(c)1-3, Fla.Stat. (Supp.1998).
755-CITE: 560 So.2d 364 Michael EDWARDS and CNA Insurance Company, Appellants, v. Linda CAULFIELD and
Division of Workers Compensation, Appellees.
TEXT: NIMMONS, Judge. The employer and his carrier appeal from a final order awarding claimant
tem... the accident I was able to take people around for real estate, and sometimes I would be gone
twelve hours a day and I just can t do that anymore.
756-CITE: 549 So.2d 1386 Charles BAGGETT, Appellant, v. MULBERRY CONSTRUCTION COMPANY and Adjustco,
Appellees.
TEXT: JOANOS, Judge. Charles Baggett appeals a workers compensation order in which the deputy
comm...escribed in City of Hialeah v. Jimenez, 527 So.2d 936 (Fla. 1st DCA 1986), taking further
evidence at his discretion. BOOTH and MINER, JJ., concur.
757-CITE: 684 So.2d 870 Emil P. VERDI, Jr., Individually and on Behalf of All Others Similarly Situated,
Appellant, v. METROPOLITAN DADE COUNTY, a Political Subdivision of the State of Florida, Appellee.
TEXT: GREEN, Judge. This is an appeal from a final order dismissing an amended class action
compla...in Bowen v. Florida Dep t of Envtl. Regulation, 448 So.2d 566, 568-69 (Fla. 2d DCA 1984),
approved and adopted, 472 So.2d 460 (Fla.1985). Affirmed.
758-CITE: 695 So.2d 759 Emma POSIK, Appellant, v. Nancy L.R. LAYTON, Appellee.
TEXT: HARRIS, Judge. Emma Posik and Nancy L.R. Layton were close friends and more. They entered
in...is agreement was the delivery and payment for a sexual relationship or a same sex marriage,
both of which are not recognized by the laws of Florida.
759-CITE: 623 So.2d 515 Pauline WEISFELD, Appellant, v. PETERSEIL SCHOOL CORP., d b a The Heritage
School, and Joseph Peterseil, Appellees.
TEXT: COPE, Judge. Pauline Weisfeld appeals an adverse final judgment after bench trial. We
revers...terially changed its position. *520 [Editor s note: Modification incorporated for purposes
of publication.] BASKIN, COPE, and GERSTEN, JJ., concur.
760-CITE: 474 So.2d 1184 Linda Lee TRAVIESO, Petitioner, v. Jose R. TRAVIESO, Jr., Respondent.
TEXT: ALDERMAN, Judge. We review the decision of the District Court of Appeal, Third District, in
...k, and disapprove the decision of the Fourth District Court of Appeal in Murphy v. Tallardy, 422
So.2d 1098 (Fla. 4th DCA 1982). SHAW, J., concurs.
761-CITE: 561 So.2d 565 Oscar David GIBSON a k a James Clinton Parker, Petitioner, v. Patricia Gibson
BENNETT, Respondent.
TEXT: KOGAN, Justice. We have for review Bennett v. Gibson, 510 So.2d 1234, 1237 (Fla. 2d DCA
1987...le that the power to punish for contempt rests with the court contemned, and one court cannot
punish a contempt against another court, inapplicable.
762-CITE: 571 So.2d 1309 CITY OF MIAMI, Florida, Appellant, v. F.O.P., MIAMI LODGE 20, and Florida
Public Employees Relations Commission, Appellees.
TEXT: DANIEL S. PEARSON, Judge. Prologue We begin with a warning that although the words drug
tes... SUCH COLLECTIVE BARGAINING, MUST THE MEANS USED TO IMPLEMENT THAT TESTING BE SUBJECT TO
COLLECTIVE BARGAINING? HUBBART and GERSTEIN, JJ., concur.
763-CITE: 678 So.2d 1377 WARNING SAFETY LIGHTS OF GEORGIA, INC., Appellant, v. STATE of Florida,
DEPARTMENT OF REVENUE, L.H. FUCHS, Executive Director, Appellee.
TEXT: SHAHOOD, Judge. Appellant, Warning Safety Lights of Georgia, Inc. ( WSLG ), appeals from an
...partment to set aside or modify its Declaratory Statement to conform with this opinion. Reversed
and remanded. GLICKSTEIN and FARMER, JJ., concur.
764-CITE: 498 So.2d 859 AMERICAN CYANAMID CO., Petitioner, v. Lester K. ROY, Respondent.
TEXT: ADKINS, Justice. In American Cyanamid Co. v. Roy, 466 So.2d 1079 (Fla. 4th DCA 1984), the
di...final judgment may be entered in accordance with this opinion. It is so ordered. McDONALD,
C.J., and BOYD, OVERTON, EHRLICH and SHAW, JJ., concur.
765-CITE: 651 So.2d 673 Jesus GONZALEZ, et ux., Petitioners, v. METROPOLITAN DADE COUNTY PUBLIC HEALTH
TRUST, Respondent.
TEXT: HARDING, Justice. We have for review Gonzalez v. Metropolitan Dade County Public Health
Trus... . . committed in bad faith or with malicious purpose or in a manner exhibiting wanton and
willful disregard of human rights, safety, or property.
766-CITE: 558 So.2d 102 ROOSE & GRIFFIN LANDSCAPE CONTRACTORS and Crims, Inc., Appellants, v. Mildred
WEISS, Appellee.
TEXT: ZEHMER, Judge. The appealed workers compensation order awarded the claimant, Mildred Weiss,
...So.2d 119 (Fla. 1st DCA 1985); Sears, Roebuck & Co. v. McAfoos, 303 So.2d 336 (Fla. 3d DCA 1974).
AFFIRMED. SHIVERS, C.J., and JOANOS, J., concur.
767-CITE: 579 So.2d 812 Robert LAWRENCE, Appellant, v. O.B. CANNON & SONS, INC., Aetna Casualty and
Surety Company and Liberty Mutual Insurance Company, Appellees.
TEXT: ALLEN, Judge. The claimant in this workers compensation case appeals a final order of the
ju...ch each accident contributes to any resulting disability or need for medical care. Atkins
Constr. Co. v. Wilson, 509 So.2d 1185 (Fla. 1st DCA 1987).
768-CITE: 634 So.2d 801 FAIRCHILD AIRCRAFT and American International Adjusting Company, Appellants, v.
Ronald G. RAYBON, Appellee.
TEXT: SMITH, Judge. Appellants, the employer and carrier (E C), seek reversal of a workers
compens...jured employee as an employee injured on or after October 1, 1989 and who appears to have
a permanent diminution of wages as a result of the injury.
769-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.
770-CITE: 449 So.2d 839 SCHOOL BOARD OF PINELLAS COUNTY, Appellant, v. Thomas A. RATEAU, Appellee.
TEXT: NIMMONS, Judge. The School Board of Pinellas County (Board) seeks Section 120.68 review of
a...n appeal regarding the alleged failure of the Commission s final order to address the Board s
exceptions to the hearing officer s recommended order.
771-CITE: 726 So.2d 389 Earnest MATHIS, Jr., Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.
TEXT: PER CURIAM. Earnest Mathis, Jr., appeals the denial of his petition for issuance of a
comput... pay simply because he failed to meet the deadline. Reversed and remanded. PADOVANO, J.,
CONCURS. BOOTH, J., SPECIALLY CONCURRING IN RESULT ONLY.
772-CITE: 531 So.2d 373 JACKSONVILLE ELECTRIC AUTHORITY, Appellant, v. DRAPER S EGG AND POULTRY CO.,
INC., a Florida corp., Appellee.
TEXT: WENTWORTH, Judge. Appellant Jacksonville Electric Authority (JEA) seeks review of an order
d... wel with the rule announced by the Third District Court of Appeal in De Gestion. I would
therefore reverse the order entered below in its entirety.
773-CITE: 625 So.2d 921 Robert LUTTRELL, Appellant, v. ROGER HOLLER CHEVROLET, and Crum & Forster,
Appellees.
TEXT: ERVIN, Judge. Claimant appeals from a workers compensation order denying his claim for
indem...lties, and attorney s fees. AFFIRMED in part, REVERSED in part, and REMANDED. WENTWORTH,
Senior Judge, concurs. WOLF, J., concurs in result only.
774-CITE: 508 So.2d 365 AMERICAN AUTOMOBILE ASSOCIATION, INC., Liberty Mutual Insurance Co., Jimmy
Shoemake doing business as Beach & University Exxon Service Center, Nationwide Mutual Fire Ins. Co.,
and Gordon D. Hamilton, Appellants, v. Feraidoon TEHRANI and Aghdas Tehrani and Saad Lorestani and
Zoreh Lorestani, Appellees.
TEXT: THOMPSON, Judge. This is a consolidated appeal by the American Automobile Association, Inc.
...ider it. With the exeption of these modifications to our original opinion, the motions for
rehearing are denied. JOANOS and NIMMONS, JJ., concurs.
775-CITE: 593 So.2d 244 UNITED INDUSTRIES CORP., Appellant, v. Sharon L. WOODS, Appellee.
TEXT: SHIVERS, Judge. Appellant United Industries Corporation, defendant in the trial court,
appea...f the September 2, 1988 memo requires United, rather than Spectrum, to pay severance
benefits to Woods. AFFIRMED. ZEHMER and WEBSTER, JJ., concur.
776-CITE: 697 So.2d 828 THE FLORIDA BAR, Complainant, v. K. Kristine NOWACKI, Respondent.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar and the referee s report
reg...of $2,321.88 for which sum let execution issue. It is so ordered. KOGAN, C.J., and OVERTON,
SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
777-CITE: 576 So.2d 801 Mary Ruth YOUNKMAN, Appellant, v. WASTE COLLECTION SERVICES and The Claims
Center, Appellees.
TEXT: ALLEN, Judge. The appellant claimant in this workers compensation appeal alleges several
poi... claimant s apparent delay in reporting to Dr. Schwab, the assault was a major factor in her
present condition. The order below should be reversed.
778-CITE: 698 So.2d 811 Daniel Lynn OVERBEY, Petitioner, v. Janet Carol Hutching OVERBEY, etc.,
Respondent.
TEXT: OVERTON, Justice. We have for review Overbey v. Overbey, 674 So.2d 898 (Fla. 5th DCA 1996),
...as unreasonable. Thus, I find no abuse of discretion and would approve the judge s determination
in this case. KOGAN, C.J. and ANSTEAD, J., concur.
779-CITE: 508 So.2d 380 Glen McCURDY, Appellant, v. J.C. COLLIS and Exxon Corporation, Appellees.
TEXT: JOANOS, Judge. Appellant Glen McCurdy appeals from an order granting summary judgment in
fav...st inconsistent positions is inapplicable to this case. In all other respects, the motion for
rehearing is denied. MILLS and SHIVERS, JJ., concur.
780-CITE: 650 So.2d 653 Michael LOWRY, Appellant, v. Harold G. LOGAN and Janelle Jose Watson, Appellees.
TEXT: VAN NORTWICK, Judge. Michael Lowry appeals a final summary judgment entered in his
negligenc...cious election of remedies that would operate to bar a subsequent inconsistent claim. As
the majority eloquently point out, this is not such a case.
781-CITE: 755 So.2d 597 CITY OF CLEARWATER, Petitioner, v. Judi ACKER, Respondent. City of Clearwater,
Petitioner, v. Lawrence Hahn, Respondent. City of Clearwater, Petitioner, v. Terrence Rowe,
Respondent.
TEXT: QUINCE, J. We have for review three decisions certifying the following question to be of
gre...ause of the federal social security offset provisions. It is so ordered. HARDING, C.J., and
SHAW, WELLS, ANSTEAD, PARIENTE and LEWIS, JJ., concur.
782-CITE: 595 So.2d 214 Paul W. KREMER, Appellant, v. Dawn M. KREMER, Appellee.
TEXT: LEHAN, Judge. In this dissolution of marriage case we reverse the award of permanent
alimony...able overall result, we reverse all awards in the final judgment and remand for further
consideration. SCHOONOVER, C.J., and PATTERSON, J., concur.
783-CITE: 498 So.2d 488 Peter RINDFLEISCH and Ann Rindfleisch, Appellants, v. CARNIVAL CRUISE LINES,
INC., a Florida corporation, Appellee.
TEXT: HENDRY, Judge. This is an appeal by the plaintiffs, Peter and Ann Rindfleisch, from an
order... ------------ (FN2) The trial judge stated, You can cross-examine him on that and we ll
leave it to the jury to give it the weight this is entitled.
784-CITE: 522 So.2d 852 LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 478, Petitioner, v. Myrtice
BURROUGHS, Respondent.
TEXT: HENDRY, Judge. The petitioner, Local 478 of the Laborer s International Union of North
Ameri...usive judicial function. I would deny the motion for rehearing, grant the petitioner s
application for certiorari, and quash the order under review.
785-CITE: 552 So.2d 1089 DELTA AIR LINES, INC., Defendant-Appellant, v. Harold AGELOFF, et al.,
Plaintiffs-Appellees.
TEXT: GRIMES, Justice. Pursuant to section 25.031, Florida Statutes (1987), and Florida Rule of
Ap...t is so ordered. OVERTON, Acting C.J., and McDONALD, SHAW and KOGAN, JJ., concur. EHRLICH,
C.J. and BARKETT, J., did not participate in this case.
786-CITE: 599 So.2d 181 CARROLL STEEL ERECTORS and the Claims Center, Appellants, v. Walter ALDERMAN,
and Jeanette Alderman, appellees.
TEXT: SMITH, Judge. Appellants seek reversal of a workers compensation order awarding death
benefi...awarding death benefits is AFFIRMED; the order assessing penalties is REVERSED and REMANDED
for further consideration. ALLEN and KAHN, JJ., concur.
787-CITE: 524 So.2d 666 Mauricio J. DeALMEIDA, M.D., Mauricio J. DeAlmeida, M.D., P.A., C. Lawrence
Reid, M.D., and North Broward Hospital District d b a Broward General Medical Center, Appellants, v.
Carl T. GRAHAM, Appellee. NORTH BROWARD HOSPITAL DISTRICT d b a Broward General Medical Center,
Appellant, v. Carl T. GRAHAM, et al., Appellees.
TEXT: MOTION FOR REHEARING GRANTED DELL, Judge. We grant appellee s motion for rehearing and
with...Patient s Compensation Fund v. Rowe. AFFIRMED IN PART; REVERSED IN PART and REMANDED.
ANSTEAD, J., and MICHAEL H. SALMON, Associate Judge, concur.
788-CITE: 602 So.2d 1245 Murphy H. GOODMAN, Appellant, v. BRASSERIA LA CAPANNINA, INC., et al.,
Appellees.
TEXT: McDONALD, Judge. We review Brasseria La Capannina, Inc. v. Goodman, 579 So.2d 193 (Fla. 4th
...as constitutionally applied to the facts of this case. It is so ordered. SHAW, C.J., and
OVERTON, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
789-CITE: 654 So.2d 952 Nicholas CORREIA, Appellant, v. STATE of Florida, Appellee.
TEXT: PARIENTE, Judge. We reverse appellant s (defendant s) conviction for aggravated assault
with...ount the matters about which he testified. (5) Proof by other witnesses that material facts
are not as testified to by the witness being impeached.
790-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.
791-CITE: 613 So.2d 415 STATE of Florida, et al., Appellants, v. FLORIDA POLICE BENEVOLENT ASSOCIATION,
INC., et al., Appellees.
TEXT: GRIMES, Justice. We have for review State v. Florida Police Benevolent Association, 580
So.2...) I believe this was the actual intent underlying the savings clauses--not to allow the
legislature to unilaterally ignore the negotiated agreement.
792-CITE: 440 So.2d 29 BURNUP & SIMS, INC. and Crawford & Company, Appellants, v. Homer L. OZMENT,
Appellee.
TEXT: THOMPSON, Judge. This is an appeal from a compensation order awarding attorney s fees
pursua...d notice of his condition, first order the parties to bring up a record which will support
a meaningful appellate determination on the issue raised.
793-CITE: 478 So.2d 17 Walton D. CHAMPION, Petitioner, v. Roy Lee GRAY, Jr., et al., Respondents.
TEXT: McDONALD, Justice. This is a petition to review Champion v. Gray, 420 So.2d 348 (Fla. 5th
DC...mily member who suffers the physical injury that causes the emotional distress to the claimant
must be allowed to be taken into account as a setoff.
794-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.
795-CITE: 602 So.2d 1374 Frank R. BRANCA, Appellant Cross Appellee, v. CITY OF MIRAMAR, a Florida
municipal corporation, Appellee Cross Appellant, and Vicki Coceano, Mary Forzano and William
Cresswell, Appellees.
TEXT: POLEN, Judge. Frank R. Branca appeals from a final declaratory judgment the trial court
ente...s to the beneficiary from the city. Otherwise, we should allow the city to cheat one of its
employees but then require him to pay for the privilege.
796-CITE: 486 So.2d 1378 PRESTRESSED SYSTEMS and Claims Center, employer servicing agent, Appellants, v.
James E. GOFF, employee, Appellee.
TEXT: ERVIN, Judge. Appellants appeal from an order awarding an attorney fee in the amount of
$58,...xcessiveness of the fee approved, and find them without merit. AFFIRMED. WIGGINTON, J., and
McCORD, GUYTE P., Jr. (Ret.), Associate Judge, concur.
797-CITE: 503 So.2d 1232 FLORIDA STEEL CORPORATION, Petitioner, v. ADAPTABLE DEVELOPMENTS, INC., etc.,
et al., Respondents.
TEXT: PER CURIAM. The Fourth District Court of Appeal has certified the following question as one
... lienholders are to be so affected under this chapter, it should be by explicit legislative
action and not by this Court s inferential construction.
798-CITE: 652 So.2d 354 Derrick A. POWELL and Eugenia Powell, Petitioners, v. ALLSTATE INSURANCE
COMPANY, a foreign corporation, Respondent.
TEXT: ANSTEAD, Justice. We have for review Powell v. Allstate Insurance Co., 634 So.2d 787 (Fla.
5... of Miami v. Cornett, 463 So.2d 399 (Fla. 3d DCA) (upholding right to an impartial jury in a
civil case), cause dismissed, 469 So.2d 748 (Fla.1985).
799-CITE: 606 So.2d 658 Juan B. DELGADO, Appellant, v. BLANCO & SONS CATERING and Fireman s Fund
Insurance, Appellees.
TEXT: ERVIN, Judge. In this workers compensation appeal, Juan B. Delgado, the claimant appellant,
...rnia surgery and period of temporary total disability while claimant was recuperating from such
surgery were not caused by the incident in question.
800-CITE: 609 So.2d 31 FRATERNAL ORDER OF POLICE, MIAMI LODGE 20, Petitioner, v. CITY OF MIAMI,
Respondent.
TEXT: OVERTON, Justice. The Fraternal Order of Police, Miami Lodge 20, petitions for review of
Cit...ase would pass muster under other constitutional provisions. ------------ (FN2) Art. I,
Section 23, Fla. Const. (FN3) Art. I, Section 9, Fla. Const.
801-CITE: 650 So.2d 1122 PUBLIX SUPERMARKETS and Hartford Insurance Company, Appellants, v. Susan
FINOCCHI, Appellee.
TEXT: EN BANC PER CURIAM. The employer carrier appeal a workers compensation order in which it
wa...y nature. 1 Larson, supra Sections 16.15, 16.31 n. 53; Leonard v. Dennis, 465 So.2d 538, 540
(Fla. 2d DCA), review denied, 476 So.2d 673 (Fla.1985).
802-CITE: 606 So.2d 410 Robert E. NICKOLLS, Appellant, v. UNIVERSITY OF FLORIDA and Division of Risk
Management, Appellees.
TEXT: WOLF, Judge. Claimant, Nickolls, in this workers compensation appeal, contends that the
judg...record, cf. Allied Parcel Delivery v. Dixon, 466 So.2d 439 (Fla. 1st DCA 1985), I would
remand the cause as to this issue as well for clarification.
803-CITE: 714 So.2d 502 Lawton CHILES, as Governor of the State of Florida, Appellant CrossAppellee, v.
STATE EMPLOYEES ATTORNEYS GUILD and Raymond J. Greene, Appellees CrossAppellants.
TEXT: BENTON, Judge. The State Employees Attorneys Guild (SEAG) and Raymond J. Greene filed a
comp...s and which are public employees for purposes of chapter 447, questions on which we express
no opinion. Affirmed. ERVIN and PADOVANO, JJ., concur.
804-CITE: 545 So.2d 268 Joaquin FUSTER, Appellant, v. EASTERN AIRLINES, INC. and the Travelers Insurance
Co., Appellees.
TEXT: JOANOS, Judge. Joaquin Fuster appealed from the second of two orders issued by the deputy
co... s last order as to issue one, but reverse and remand as to issue two for proceedings
consistent with this opinion. ERVIN and NIMMONS, JJ., concur.
805-CITE: 687 So.2d 319 S.Q., Mother of S.Q. a child, Appellant, v. The DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, Appellee.
TEXT: JOANOS, Judge. S.Q., the natural mother of a child adjudicated dependent, appeals an order
t...were assigned to the mother s case. The updates submitted at 6-month intervals seemingly
constitute a repeat of the findings in the previous update.
806-CITE: 458 So.2d 245 In re AMENDMENTS TO RULES OF CIVIL PROCEDURE.
TEXT: PER CURIAM. Appended to this order are the amended and new provisions of the Florida Rules
o...t sentence of the Court s opinion: Any statute not in conflict shall remain in effect as a rule
promulgated by the Supreme Court. It is so ordered.
807-CITE: 724 So.2d 109 David C. BEERS, Appellant Cross-Appellee, v. Martha D. BEERS, Appellee
Cross-Appellant.
TEXT: ROUSE, R.K., Jr., Associate Judge. Appellant former husband, David C. Beers appeals, and
for...nedaker v. Snedaker, 660 So.2d 1070 (Fla. 4th DCA 1995), which approved the pleading of a
battery claim as a separate count in a dissolution action.
808-CITE: 647 So.2d 317 Priscilla WILLIAMS, Appellant, v. STATE, DEPARTMENT OF MANAGEMENT SERVICES,
DIVISION OF RETIREMENT, Appellee.
TEXT: WOLF, Judge. Priscilla Williams appeals from a final order of the Department of Management
S...in the first and twelfth circuits where certain court reporters are employed full time and
provide transcripts as part of this salaried arrangement.
809-CITE: 667 So.2d 464 ST. JOSEPH HOSPITAL and Sedgwick James of Florida, Inc., Appellants, v. Roy H.
CAUSEY, Appellee.
TEXT: ZEHMER, Chief Judge. The Employer and Carrier, St. Joseph Hospital and Sedgwick James of
Flo...-year limitation period for modification after the first order, filed January 12, 1988 but not
affirmed by appellate mandate until November 7, 1989.
810-CITE: 727 So.2d 251 Anthony GREGORY, Petitioner, v. Everett RICE, Sheriff of Pinellas County,
Florida, Respondent.
TEXT: OVERTON, Senior Justice. This case involves the wrongful incarceration of a father who
faile...ts in the process, but I will not join in the criticism in this opinion, which I do not
believe is accurately or adequately supported by the record.
811-CITE: 673 So.2d 17 Robin ARCHER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robin Archer appeals the death sentence imposed upon him at resentencing. We
hav...y noted, our holding today directly conflicts with our recent decision in Jackson. I would
follow Jackson and reverse. SHAW and KOGAN, JJ., concur.
812-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.
813-CITE: 750 So.2d 93 Brenda Diana CHASE, Appellant, v. WALGREEN COMPANY, etc., Appellee.
TEXT: GRIFFIN, J. Brenda Diana Chase [ Chase ] appeals a final order of dismissal of her claim
for...that the legislature intended for the circuit courts of this state to regulate the ongoing
employment relationship between an employer and employee.
814-CITE: 475 So.2d 1221 PALM BEACH JUNIOR COLLEGE BOARD OF TRUSTEES, Petitioner, v. UNITED FACULTY OF
PALM BEACH JUNIOR COLLEGE, Respondent.
TEXT: EHRLICH, Justice. This is an appeal from a decision of the First District Court of Appeal
af...ates to the remedy. We remand for action pursuant to this decision. It is so ordered. BOYD,
C.J., and OVERTON, ALDERMAN and McDONALD, JJ., concur.
815-CITE: 700 So.2d 752 Mahmoud Ismail AYYASH, Appellant, v. Mona Lehman AYYASH, Appellee.
TEXT: EN BANC HARRIS, Judge. The issue in this case is whether the trial court erred when it
amen...t s ruling, after a hearing on the merits, it should not be overturned by an appellate court.
GRIFFIN, C.J., and GOSHORN and PETERSON, JJ., concur.
816-CITE: 751 So.2d 143 Marshall R. CASSEDY, Jr., Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH,
INC., Appellee.
TEXT: KAHN, J. This case involves an appeal and cross-appeal following the circuit court s review
...ey s fees and REMAND for reinstatement of attorney s fees as awarded by the arbitrators in favor
of Cassedy. BARFIELD, C.J., and MINER, J., CONCUR.
817-CITE: 497 So.2d 1233 PAYTON HEALTH CARE FACILITIES, INC., a foreign corporation doing business in
Florida, Appellant, v. ESTATE OF Morris Hugo CAMPBELL, By and Through its Personal Representative,
Morris Hugo CAMPBELL, Jr., for and on Behalf of the Estate and the survivor, Pollie Louise CAMPBELL,
Appellees. SOUTHEASTERN HEALTH CARE, INC., a foreign corporation doing business in Florida,
Appellant, v. ESTATE OF Morris Hugo CAMPBELL, By and Through its Personal Representative, Morris
Hugo CAMPBELL, Jr., for and on Behalf of the Estate and the survivor, Pollie Louise CAMPBELL,
Appellees.
TEXT: CAMPBELL, Acting Chief Judge. Appellants, Payton Health Care Facilities, Inc. (hereinafter
r...ages. Accordingly, we affirm the final judgment of the trial court on all points. SANDERLIN,
J., concurs. SCHOONOVER, J., concurs in result only.
818-CITE: 696 So.2d 507 James L. BISHOP, Appellant, v. BALDWIN ACOUSTICAL & DRYWALL and Wausau Insurance
Co., Appellees.
TEXT: KAHN, Judge. Appellant James L. Bishop challenges a worker s compensation order denying
perm...ns of whether claimant has sustained an anatomic and psychological PI, and, if so, whether
claimant has established his entitlement to PTD benefits.
819-CITE: 725 So.2d 1209 James Hayden JOHNSON, Jr., Appellant, v. Nancy Sebek JOHNSON, Appellee.
TEXT: GREEN, J. This is a consolidated appeal from a final judgment of dissolution of marriage
and...finding no reversible error for all of the foregoing reasons, we affirm both the final
judgment and the post-decretal order under review. Affirmed.
820-CITE: 654 So.2d 1194 EASTERN AIRLINES & GAB, Appellants, v. Willie GRIFFIN, Appellee.
TEXT: EN BANC BARFIELD, Judge. Eastern Airlines and GAB (E C) appeal a compensation order
awardin...ligence requirement imposed on those seeking relief from stipulations on the ground of
mistake of fact. ------------ (FN5) 132 So.2d 400 (Fla.1961).
821-CITE: 682 So.2d 105 IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE.
TEXT: PER CURIAM. The Civil Procedure Rules Committee of the Florida Bar has submitted its
quadren...e box to indicate whether ---or not--- a jury is being demanded in the complaint. Date
and attorney signature. Date and sign the civil cover sheet.
822-CITE: 446 So.2d 150 Robert B. WHITE, Trustee and Luis Facundo Bacardi, Appellants, v. Adriana
BACARDI, Appellee.
TEXT: FERGUSON, Judge. Husband, the beneficiary of a spendthrift trust, along with one of the
trus...the marriage or the settlement agreement, other remedies are available to him. See 25
Fla.Jur.2d Family Law Sections 354 et seq. Section 359 (1981).
823-CITE: 561 So.2d 373 Cecil E. LEE and Irma M. Lee, Appellants, v. SOUTHERN BELL TELEPHONE AND
TELEGRAPH COMPANY, Appellee.
TEXT: BARFIELD, Judge. We agree with appellants that the trial court abused its discretion in
dire... dissents, in part, with written opinion. BOOTH, Judge, dissenting in part. I dissent from
the reversal of the trial court s award of a new trial.
824-CITE: 634 So.2d 787 Derrick A. POWELL and Eugena Powell, Appellants, v. ALLSTATE INSURANCE COMPANY,
a foreign corporation, Appellee.
TEXT: ON MOTION FOR REHEARING EN BANC PER CURIAM. We grant appellee s motion to rehear the cause
...ert. denied, -- U.S. --, 113 S.Ct. 2377, 124 L.Ed.2d 282 (1993); Mitchell v. State, 622 So.2d
1156, 1157 (Fla. 5th DCA 1993). DAUKSCH, J., concurs.
825-CITE: 606 So.2d 1183 CITY OF MIAMI, Appellant, v. Ronald V. BELL, Appellee.
TEXT: ON MOTION FOR REHEARING ZEHMER, Judge. Upon consideration of the City s motion for
rehearin...ings of fact and conclusions of law supporting their imposition. Jupiter Marine v.
Spoelstra, 528 So.2d 1270 (Fla. 1st DCA 1988). [emphasis added]
826-CITE: 703 So.2d 1076 Kimberly BALAS and Teresa Shumate, Petitioners, v. Marjorie A. RUZZO, and
Exec., Inc., etc., Respondents.
TEXT: W. SHARP, Judge. Balas and Shumate petition this court for a writ of certiorari to review
ce...from discovery. Motion for Clarification GRANTED as stated above; Motion for Rehearing and
Certification DENIED. HARRIS and THOMPSON, JJ., concur.
827-CITE: 665 So.2d 1048 Samuel ZELL, etc., et al., Petitioners, v. Gaylynn Sue MEEK and Barry M. Meek,
Respondents.
TEXT: ANSTEAD, Justice. Gaylynn Sue Meek (Meek) and her husband Barry M. Meek sought review in
the...3. *1055 We remand for proceedings consistent herewith. It is so ordered. GRIMES, C.J., and
OVERTON, SHAW, KOGAN, HARDING and WELLS, JJ., concur.
828-CITE: 615 So.2d 671 Lawton CHILES, et al., Appellants, v. UNITED FACULTY OF FLORIDA, et al.,
Appellees.
TEXT: KOFAN, Justice. We have on appeal an ordr of the circuit court certified by the First
Distri...judgment of damages). (FN4) Flack v. Graham, 461 So.2d 82 (Fla.1984) (prejudgment interest
denied to county judge against comptroller for back pay).
829-CITE: 513 So.2d 219 SOUTHWEST GULFCOAST, INC., d b a Southwest Forest Industries, Appellant, v. Earl
ALLAN, Jr., Appellee.
TEXT: ZEHMER, Judge. This is an interlocutory appeal pursuant to rule 9.130, Florida Rules of
Appe...and can, if it chooses, protect those workers from retaliation for seeking assistance from
this program. Lingle, 823 F.2d at 1053-54 (dissenting).
830-CITE: 593 So.2d 234 Sam BATLEMENTO, et al., Appellants, v. DOVE FOUNTAIN, INC., et al., Appellees.
TEXT: GRIFFIN, Judge. This is an appeal from a final judgment upon a jury verdict rendered in
favo...mages to appellees. AFFIRMED in part; REVERSED in part and REMANDED for new trial on fraud
and punitive damages. W. SHARP and COWART, JJ., concur.
831-CITE: 585 So.2d 293 UNIVERSITY OF MIAMI, d b a the University of Miami School of Medicine, a Florida
corporation, Appellant, v. Patricia ECHARTE, a minor, by and through her parents and natural
guardians, Norma ECHARTE and Pedro Echarte, and Norma Echarte and Pedro Echarte, individually,
Appellees.
TEXT: BASKIN, Judge. The University of Miami (FN1) [University] appeals a final summary judgment
d...ituations, providing more specific jury instructions on damages, limiting or abolishing punitive
damages, and changing the collateral source offset.
832-CITE: 704 So.2d 1055 QUINCY CORPORATION, d b a Quincy Farms, Appellant, v. Hector P. AGUILAR, et
al., Appellees.
TEXT: SMITH, Senior Judge. The employer challenges an order of the Unemployment Appeals
Commission...of benefits has the burden of proving that the case comes within the disqualifying
provision of the law (here, a bona fide labor dispute existed) ).
833-CITE: 608 So.2d 97 Alice M. SCHAFRATH, Appellant, v. MARCO BAY RESORT, LTD. and FEISCO and Youth
Haven, Inc. and Liberty Mutual Ins. Co., Appellees.
TEXT: PER CURIAM. The claimant, Alice Schafrath, appeals an order denying her claim for workers
co...d 794 (Fla. 1st DCA1990); Jones v. Citrus Central, Inc., 537 So.2d 1123, 1127. With these
additional comments, I fully concur in the panel opinion.
834-CITE: 536 So.2d 974 In re AMENDMENTS TO RULES OF CIVIL PROCEDURE.
TEXT: PER CURIAM. The Civil Procedure Rules Committee of The Florida Bar has submitted its
quadren.......................................
..........................................................................
________________________________
835-CITE: 674 So.2d 631 In re AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE.
TEXT: WELLS, Justice. This matter is before the Court upon a report filed by the Workers
Compensat...the above-named parties and counsel of record on , 19 .___
______________________________ ___Assistant to the___ ___Judge of Compensation Claims___
836-CITE: 723 So.2d 208 AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE.
TEXT: OVERTON, Justice. In February 1998, this Court issued an opinion in which we amended a
numbe...stamp commissioned name of notary or clerk.] ____ Personally known ____ Produced
identification Type of identification produced ______________
837-CITE: 618 So.2d 189 UNIVERSITY OF MIAMI, etc., Appellant, v. Patricia ECHARTE, etc., et al.,
Appellees.
TEXT: HARDING, Justice. We have for review University of Miami v. Echarte, 585 So.2d 293 (Fla. 3d
...reater the deprivation of recovery. For these many reasons I would approve the decisions of the
trial and district courts. BARKETT, C.J., concurs.
838-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.
839-CITE: 474 So.2d 783 FLORIDA PATIENT S COMPENSATION FUND, et al., Appellants v. Susan Ann VON
STETINA, etc., et al., Appellees.
TEXT: PER CURIAM. This is an appeal from Florida Medical Center, Inc. v. Von Stetina, 436 So.2d
10...which were unrelated to the single issue requiring my recusal. I reject the suggestion that I
am legally or ethically required to disqualify myself.
840-CITE: 604 So.2d 1110 In re AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE.
TEXT: PER CURIAM. The Civil Procedure Rules Committee of The Florida Bar has submitted its
quadren...e or child is an issue, identify the person and state the name and address of all health
care providers involved in the treatment of that person.___
841-CITE: 507 So.2d 1080 Robert P. SMITH, Jr., et al., Appellants Cross-Appellees, v. DEPARTMENT OF
INSURANCE, et al., Appellees Cross-Appellants. HARTFORD FIRE INSURANCE CO., Appellant
Cross-Appellee, v. DEPARTMENT OF INSURANCE, et al., Appellees Cross-Appellants. REGENCY INSURANCE
CO., et al., Appellants Cross-Appellees, v. DEPARTMENT OF INSURANCE, et al., Appellees
Cross-Appellants.
TEXT: PER CURIAM. This is an appeal from a circuit court judgment holding constitutional
substanti...ior decisions as saying Do whatever you want to do, as long as your decision is
buttressed by a crisis. I concur in the dissent of Justice Ehrlich.
842-CITE: 480 So.2d 1366 SHANDS TEACHING HOSPITAL AND CLINICS, INC., Appellant, v. Rebecca SMITH,
Appellee.
TEXT: PER CURIAM. Shands Teaching Hospital appeals the trial court s dismissal of its complaint
ag... of powers and our tripartite system of government. ------------ (FN79) 280 So.2d at 437-38.
(FN80) Id. at 438 (emphasis added). (FN81) Id. at 443.
843-CITE: 431 So.2d 204 Fred V. SASSO, Appellant Cross-Appellee, v. RAM PROPERTY MANAGEMENT and Fireman
s Fund Insurance Company, Appellees Cross-Appellants.
TEXT: ERVIN, Judge. In this workers compensation case, Sasso appeals from an order which denied
hi...cument must, therefore, come from that court--not ours. AFFIRMED. ROBERT P. SMITH, Jr., C.J.,
and SHAW, LEANDER, J., Jr., Associate Judge, concur.
