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 judg