Phrase search :living wills
Results 1-2682
1-CITE: 561 So.2d 1355 Danny WILLS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Danny Wills appeals the sentence imposed upon him after a jury trial. The trial
...(Fla. 2d DCA 1986). Accordingly, we reverse Wills sentence and remand for resentencing.
THREADGILL, A.C.J, and PARKER and ALTENBERND, JJ., concur.
2-CITE: 686 So.2d 702 William P. EDWARDS, Appellant, v. Virgil WILLS and Irmgard A. Wills, his wife,
and Tom Ward, Appellees.
TEXT: PER CURIAM. The appellant, William P. Edwards, challenges the trial court s order which
gran...ingly, we reverse the trial court s award of attorney s fees to the appellee Ward. Reversed.
SCHOONOVER, A.C.J., and BLUE and FULMER, JJ., concur.
3-CITE: 516 So.2d 5 Joan WILLS, Appellant, v. WILLS TRAVEL SERVICE, INC., Appellee.
TEXT: PER CURIAM. Appellant challenges a final judgment on her complaint for declaratory relief.
T...e secured by the mortgage is in the amount of $183,943.03; otherwise, we affirm the final
judgment. SCHEB, A.C.J., and RYDER and HALL, JJ., concur.
4-CITE: 529 So.2d 1253 Deborah Day CATES, Appellant, v. John R. FRICKER, Appellee.
TEXT: LEHAN, Judge. We affirm the summary judgment which denied appellant s petition for
revocatio... re Estate of Pfeiffer, 34 Fla.Supp. 132 (Dade Cty. Ct.), aff d, 240 So.2d 211 (Fla. 3d
DCA 1970). Affirmed. CAMPBELL, C.J., and HALL, J., concur.
5-CITE: 465 So.2d 562 Ralph C. WILLS, Appellant, v. SNAPPER CREEK NURSING HOME, INC., Snapper Creek
Nursing & Convalescent Home, Inc., Isaac Mizrahi and Mildred Mizrahi, individually and as joint
tenants and owners of the land and building, and Chicago Insurance Company, Appellees.
TEXT: SCHWARTZ, Chief Judge. Marilyn Wills was seriously hurt in an accident at the Snapper Creek
... damages alone. (FN3) Reversed. ------------ (FN3) Any assessment must be reduced by the 50%
comparative negligence already determined by the jury.
6-CITE: 502 So.2d 454 David FLINN, Personal Representative and Lucy V. Flinn and David Flinn,
Appellants, v. S. Grant VAN DEVERE, Appellee.
TEXT: SCHWARTZ, Chief Judge. The trial court determined that realty owned by Ms. Van Devere was
no...ed. ------------ (FN2) We observe that the attorneys who drew the instruments for the decedent
are not those who presently represent the appellants.
7-CITE: 736 So.2d 57 In re ESTATE OF Azalea Lawson BARTEAU, Deceased, John S. Biederman, John S.
Biederman, Jr., Sadie T. Wilcox, Linda S. Gilbert, Colin E. Brett, Nan L. Sundano, Ellen Biederman a
k a Jane Ellene Biederman Creamer, and Mercedes Biederman, Appellants, v. Jesus Rene Guzman Ramos,
Petitioner for Personal Representative of the Estate of Azalea Lawson Barteau, Under Mexican Will
dated November 24, 1997, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellants, beneficiaries under Decedent s earlier will,
chall...ls. In doing so, the place of Decedent s domicile at the time of her death is a valid
subject for determination. WHATLEY and STRINGER, JJ., Concur.
8-CITE: 498 So.2d 954 Garland H. PRIDGEN, Appellant, v. Jean Anne PRIDGEN, Appellee.
TEXT: SANDERLIN, Judge. Husband appeals an order entered subsequent to final judgment of
dissoluti...ceive all proceeds from the insurance company for additional living expenses. We affirm
on all other points. SCHEB, A.C.J., and DANAHY, J., concur.
9-CITE: 559 So.2d 96 Mary F. HENLEY, Appellant, v. EASTERN AIRLINES, etc., et al., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from entry of a final summary judgment in favor of
appelle... 549 So.2d 798 (Fla. 5th DCA 1989); Farrar v. Arthur, 544 So.2d 1170 (Fla. 5th DCA 1989).
REVERSED and REMANDED. GOSHORN and GRIFFIN, JJ., concur.
10-CITE: 701 So.2d 1228 Alan P. STEPT and Edythe E. Eisenberg, individually and as residuary
beneficiaries of the revocable Living Trust created by Samuel Stept and Celia Stept, Appellants, v.
August C. PAOLI and Charles E. Paoli, Jr., individually and as Co-Partners, d b a Paoli & Paoli,
Appellees.
TEXT: DAKAN, STEPHEN L., Associate Judge. Appellants, Alan Stept and Edythe E. Eisenberg, were
the... we see no reason to expand the limited privity exception and reject Appellants invitation to
do so. AFFIRMED. STONE, C.J., and GROSS, J., concur.
11-CITE: 560 So.2d 1201 Carol BERGMAN, Appellant, v. David SERNS, Appellee.
TEXT: PER CURIAM. Carol Bergman appeals a final judgment denying her petition to revoke the will
o... S.Ct. 165, 97 L.Ed. 680 (1952) ( res adjudicata . . . is conclusive as to all matters germane
thereto that were or could have been raised. . . . ).
12-CITE: 722 So.2d 288 John P. DAUGHERTY, Appellant, v. CITY OF KISSIMMEE, Appellee.
TEXT: PER CURIAM. AFFIRMED. See Kalkai v. Emergency One, 717 So.2d 626 (Fla. 5th DCA 1998);
Milano...ency One, 717 So.2d 626 (Fla. 5th DCA 1998); Milano v. Moldmaster, Inc., 703 So.2d 1093
(Fla. 4th DCA 1997). COBB, GOSHORN and HARRIS, JJ., concur.
13-CITE: 546 So.2d 755 BARNETT BANKS TRUST COMPANY, N.A., Appellant, v. Lois Rene HERR, Appellee.
TEXT: PER CURIAM. This is an appeal by the trustee of a residuary trust created by a will
[Barnett...of Principal for Beneficiary s Support, 41 A.L.R.3d 255 (1972). The final declaratory
decree under review is therefore, in all respects, Affirmed.
14-CITE: 446 So.2d 1128 In re The ESTATE OF Myer G. BAER, Deceased.
TEXT: GLICKSTEIN, Judge. Here we have a testator who excluded most of his siblings in two
successi...is remanded so that the trial court may issue an order consonant with this opinion.
HURLEY, J., and OWEN, WILLIAM C., Jr., Associate Judge, concur.
15-CITE: 520 So.2d 80 Clyde MILLER, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. In this appeal from a conviction upon a nolo plea to a charge of carrying
...e of adultery. Section 798.02 prohibits a man and woman not married to each other from lewdly
and lasciviously associating and cohabiting together.
16-CITE: 592 So.2d 341 In re ESTATE OF Leonard M. BOYAR, Deceased.
TEXT: PER CURIAM. This case involves the enforcement of a contract between husband and wife in
whi...2d 1267 (Fla. 2d DCA 1980), rev. denied, 394 So.2d 1153 (Fla.1981). Accordingly, the
judgments are AFFIRMED. DOWNEY, HERSEY and DELL, JJ., concur.
17-CITE: 485 So.2d 907 Rudolph BROWD, Appellant, v. CAPITAL ASSOCIATES, INC., and Ever Clear Photo
Copy, Inc., Appellees.
TEXT: PER CURIAM. We reverse the summary judgment which is the subject of this appeal and remand
f....2d 29 (Fla.1977); and Hermes v. Anton, 300 So.2d 46 (Fla. 3d DCA 1974). Reversed and Remanded.
HERSEY, C.J., and WALDEN and GUNTHER, JJ., concur.
18-CITE: 522 So.2d 99 Priscilla PORTER, Mary Ann Mandell, and William J. Porter, Jr. Appellants, v. The
ESTATE of Lucia Porter MYRICK, Deceased, and Kathryn Porter Alligood, Appellees.
TEXT: PER CURIAM. The question on this appeal is who is entitled to the remainder of the estate
of...ded by the testator. 2 T. Thomas & D. Smith, Florida Estates Practice Guide 22-3, 22-4
(1987). Accordingly, the order under review is Affirmed.
19-CITE: 581 So.2d 258 William ULPIERRE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The state concedes that the trial court erred in failing to resolve any
discrepa... and remand for resentencing pursuant to the correct sentencing guideline scoresheet.
The sentence is vacated and remanded for further proceedings.
20-CITE: 697 So.2d 220 Rose KASMER, et al., Appellants, v. In re the GUARDIANSHIP OF Roman LIMNER,
Appellee.
TEXT: PER CURIAM. Rose Kasmer and Morris David Kasmer, the personal representatives of the Estate
... of their religious views, they are free to resign or ask the probate court to appoint suitable
individuals who can carry out the decedent s wishes.
21-CITE: 689 So.2d 255 THE FLORIDA BAR, Complainant, v. AMERICAN SENIOR CITIZENS ALLIANCE, INC., et
al., Respondents.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar and the referee s report
reg...unlicensed practice of law as specified in the referee s report. It is so ordered. OVERTON,
SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
22-CITE: 446 So.2d 1081 THE FLORIDA BAR, Complainant, v. Leonard Lee SHELDON, Respondent.
TEXT: PER CURIAM. This lawyer-discipline proceeding is before the Court upon the complaint of The
...ty days from the date of this order to close out his practice. It is so ordered. ALDERMAN,
C.J., and BOYD, OVERTON, EHRLICH and SHAW, JJ., concur.
23-CITE: 719 So.2d 1218 SUNRISE ASSISTED LIVING, INC., Appellant, v. T. Denver WARD, Appellee.
TEXT: THREADGILL, Acting Chief Judge. The appellant, Sunrise Assisted Living, Inc., garnishee on
a...to establish, if possible, the jurisdiction of Florida courts over an appropriate garnishee.
Reversed; remanded. ALTENBERND and GREEN, JJ. concur.
24-CITE: 627 So.2d 613 Regla FLORES-HORTON, Appellant, v. C.B. INSTITUTIONAL FUND VI, LTD., a
California limited partnership and Farbman Stein Management of Florida, Inc., a Michigan
corporation, Appellees.
TEXT: PER CURIAM. REVERSED. We reverse the summary judgment entered in this premises liability
cas...f the landlord and tenant for the condition alleged to have been unsafe and the cause of
appellant s injury. ANSTEAD, STONE and POLEN, JJ., concur.
25-CITE: 616 So.2d 607 David J. McCALL, Appellant, v. Sally H. McCALL, Appellee.
TEXT: THREADGILL, Judge. The former husband appeals from an order modifying a final judgment of
di...other respects the order appealed from is affirmed. Affirmed in part; reversed in part and
remanded. CAMPBELL, A.C.J., and SCHOONOVER, J., concur.
26-CITE: 539 So.2d 543 Salvador LANDA, Appellant, v. Gabriela LANDA, Appellee.
TEXT: PER CURIAM. Where the record showed that the mother, as custodial parent of the two minor
ch...be modified in light of the change in the children s domicile, should be presented first to the
trial court. AFFIRMED IN PART AND REVERSED IN PART.
27-CITE: 567 So.2d 561 Barbara WALTER, Appellant, v. LONE STAR LIFE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Appellant, Barbara Walter, seeks reversal of a final summary judgment entered
in... & Co., 351 So.2d 29 (Fla.1977); Holl v. Talcott, 191 So.2d 40 (Fla.1966). REVERSED and
REMANDED. HERSEY, C.J., and DELL and GUNTHER, JJ., concur.
28-CITE: 602 So.2d 665 John J. BOYLE, Appellant, v. Louise SCHMITT, etc., et al., Appellees.
TEXT: JORGENSON, Judge. John Boyle appeals from a final judgment denying recovery in an action
for...79 agreement to make a will, Blanche and James Boyle both revoked that agreement even before
Blanche Boyle individually repudiated it in June, 1988.
29-CITE: 705 So.2d 955 Dean E. CHERESKIN, Michael S. Chereskin, and James W. Chereskin, not
individually but as the Co-Trustees of the Irrevocable Living Trust of Barbara A. Chereskin, and the
Irrevocable Living Trust of James M. Chereskin, Appellants, v. BRANCH BANKING AND TRUST COMPANY, a
North Carolina corporation, Appellee.
TEXT: PER CURIAM. We affirm the order of the trial court determining that the court has
jurisdicti... well as the constitutional minimum contacts requirement, have been satisfied in this
case. AFFIRMED. BOOTH, JOANOS and VAN NORTWICK, JJ., concur.
30-CITE: 627 So.2d 50 Lane MITZENMACHER, Appellant, v. Robin MITZENMACHER, Appellee.
TEXT: PER CURIAM. This is an appeal by the husband Lane Mitzenmacher from a temporary alimony
awar...ny is reversed and the cause is remanded to the trial court with directions to deny the wife
s motion for temporary alimony. Reversed and remanded.
31-CITE: 752 So.2d 119 Alan EABY, Appellant, v. VOLUSIA COUNTY FIRE SERVICES and County of Volusia,
Appellees.
TEXT: PER CURIAM. In this workers compensation case, the claimant appeals an order of the judge
of...versity of West Florida and Alexsis Risk Management v. Mixson, 752 So.2d 92 (Fla. 1st DCA
2000), I would not certify the issue to the supreme court.
32-CITE: 450 So.2d 351 Charles NORMAN, Appellant, v. Anna O. KADEL, Vernon Anthony Kadel, Allstate
Insurance Company and Grocery Warehouse II, Inc., Appellees.
TEXT: PER CURIAM. The trial court entered summary judgment in favor of appellee Grocery Warehouse
... summary judgment and remand for further proceedings. Wills v. Sears, Roebuck & Co., 351 So.2d 29
(Fla.1977). HERSEY, HURLEY and DELL, JJ., concur.
33-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.
34-CITE: 615 So.2d 661 Sharon ZUCKERMAN, Petitioner, v. Jack ALTER, Respondent.
TEXT: McDONALD, Justice. We have for review Alter v. Zuckerman, 585 So.2d 303, 311 (Fla. 3d DCA
19...tended that one-party trusts created in Florida be executed with the formality of a will. I
respectfully dissent. OVERTON and HARDING, JJ., concur.
35-CITE: 433 So.2d 1030 JANIS DEVELOPMENT CORP., Appellant, v. Michael J. HOLLAND, et al., Appellees.
TEXT: PER CURIAM. We reverse the summary final judgment of foreclosure entered in this case
becaus...tion, 328 So.2d 448, 449 (Fla. 1st DCA), cert. denied, 341 So.2d 1086 (Fla.1976). REVERSED
AND REMANDED. GLICKSTEIN, HURLEY and DELL, JJ., concur.
36-CITE: 544 So.2d 1079 Christina M. FISCHER, n k a Christina M. Price, Appellant, v. Michael L.
FISCHER, and Everett Reihing and Leota Reihing, Appellees.
TEXT: FRANK, Judge. The narrow issue presented for our consideration in this dissolution matter
is... insoluble problems. Shuler at p. 590. We reverse and vacate the trial court s order granting
intervention. RYDER, A.C.J., and PARKER, J., concur.
37-CITE: 754 So.2d 751 STATE of Florida--HRS DIVISION OF RISK MANAGEMENT, Appellant Cross-Appellee, v.
James SEVER, Appellee Cross-Appellant.
TEXT: PER CURIAM. We find no reversible error as to either of the two issues raised in the main
ap...s the final order of the judge of compensation claims is affirmed. Affirmed in part and
reversed in part. WEBSTER, KAHN and PADOVANO, JJ., CONCUR.
38-CITE: 565 So.2d 917 HOLD & HOOKER, INC., Appellant Cross-Appellee, v. BARCELONA WEST INVESTORS,
LTD., et al., Appellees Cross-Appellants.
TEXT: PER CURIAM. This is an appeal from an order granting the appellee a new trial and a
cross-ap...he new trial is moot. The order granting a new trial is quashed and the judgment is
reversed. REVERSED. DAUKSCH, COWART and GRIFFIN, JJ., concur.
39-CITE: 549 So.2d 719 Luie HOLLAND and Joann Holland, husband and wife, Appellants, v. GOLDCO, INC.,
an Alabama corporation, Appellee.
TEXT: PER CURIAM. Appellants, the plaintiffs in a personal injury suit arising out of a slip and
f...e wet condition of the restaurant floor. Wills v. Sears, Roebuck & Co., 351 So.2d 29 (Fla.1977).
REVERSED. SMITH, THOMPSON and MINER, JJ., concur.
40-CITE: 449 So.2d 931 Wells S. STECKEL and Anne Steckel Ratsey, Appellants, v. Emmett A. BROWN and
Joel Eugene Brown, Appellees.
TEXT: PER CURIAM. While the trial court correctly ruled that the plaintiffs-appellants had no
viab...n, 392 So.2d 971 (Fla. 3d DCA 1981). Accordingly, the judgment below is reversed and the
cause remanded for further proceedings consistent herewith.
41-CITE: 565 So.2d 870 Lloyd FREEMAN, Appellant, v. FLEET SUPPLY, INC., Appellee.
TEXT: MINER, Judge. Appellant, Lloyd Freeman, appeals from a summary judgment which was entered
in...2d 666, 668 (Fla.1985). Accordingly, summary judgment is reversed and the cause remanded.
REVERSED and REMANDED. WIGGINTON and ALLEN, JJ., concur.
42-CITE: 580 So.2d 801 The CELOTEX CORPORATION, Appellant, v. Louis COLON and Jeannette Colon,
Appellees.
TEXT: PER CURIAM. Affirmed. White Constr. Co., Inc. v. Dupont, 455 So.2d 1026 (Fla.1984); Binger
v...s v. Snapper Creek Nursing Home, Inc., 465 So.2d 562 (Fla. 3d DCA), review denied, 476 So.2d 675
(Fla.1985); Section 90.804(2)(a), Fla.Stat. (1989).
43-CITE: 536 So.2d 263 SUN BANK MIAMI, N.A., as Personal Representative of the Estate of Lilly
Glickstein, Deceased, and Robert Grayson, et al., Appellants, v. Martha HOGARTH, Helaine Newman,
Howard Glickstein and Herbert Gladstone, Appellees.
TEXT: BASKIN, Judge. This appeal follows the entry of Final Judgment revoking probate of the will
...ly change is in the vehicle through which they take--a specific bequest under a will as opposed
to a disbursement from a pour-over trust. AFFIRMED.
44-CITE: 585 So.2d 303 Jack ALTER, individually and as Trustee, Appellant, v. Sharon ZUCKERMAN and
Beverly Kanter, Appellees.
TEXT: COPE, Judge. Jack Alter appeals an adverse summary final judgment. The judgment determined
t...rida, and (2) any such Florida trust is governed by the general requirements of subsection
689.075(1)--which the trusts in the present case satisfy.
45-CITE: 732 So.2d 1133 Tonya YOUNG, Appellant, v. James YOUNG, Appellee.
TEXT: WEBSTER, J. The former wife seeks review of an order changing the primary residential
custod...er changing the primary residential custody of the parties child to the former husband is
reversed. REVERSED. ALLEN and VAN NORTWICK, JJ., CONCUR.
46-CITE: 666 So.2d 1018 Willie HUNTER, Appellant, v. SOUTH FLORIDA SOD and Florida Farm Bureau,
Appellees.
TEXT: BARFIELD, Judge. The claimant seeks review of a workers compensation order determining that
...fic Tea Company v. Wood, 380 So.2d 558 (Fla. 1st DCA 1980); A.C. Scott Construction and Paving
Company v. Miller, IRC Order 2-3906 (Sept. 11, 1979).
47-CITE: 472 So.2d 873 William A. BROWN, Appellant, v. Frances E. BROWN, Appellee.
TEXT: DANAHY, Judge. The husband appeals from an order modifying a final judgment in a marriage
di.... Geiger, 437 So.2d 735 (Fla. 5th DCA 1983), and cases cited therein. AFFIRMED. OTT, A.C.J.,
concurs. FOGLE, HARRY W., Associate Judge, dissents.
48-CITE: 444 So.2d 1024 David E. LEHR, Will Contestant, Zoona E. Doughman, Individually and as Personal
Representative of the Estate of John Shoop, Alfred J. Shoop, Individually, and the Estate of John
Shoop, by its Personal Representative, Will Contestants, Appellants, v. Wayne A. BISHOP and Ray B.
Cheatwood, Jr., Appellees.
TEXT: PER CURIAM. This is a consolidated appeal by the contestants below from an adverse ruling
of... of Donner, 364 So.2d 742 (Fla. 3d DCA 1978). No reversible error having been demonstrated, the
order and judgment appealed are affirmed. Affirmed.
49-CITE: 609 So.2d 167 Malcolm BAKER, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. We have for review two issues raised by Malcolm Baker concerning
... 6, 10 and that portion of 15 relating to alcohol. We otherwise affirm the conditions of Baker s
probation. SCHOONOVER and ALTENBERND, JJ., concur.
50-CITE: 590 So.2d 33 Donald W. HODGSON, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. Appellant, Donald W. Hodgson, appeals his convictions and sentences as an
adul...)(4), as well as the other statutory criteria. AFFIRMED IN PART, REVERSED IN PART, and
REMANDED for resentencing. WIGGINTON AND WOLF, JJ., concur.
51-CITE: 547 So.2d 996 BARNETT BANK OF PALM BEACH COUNTY, Appellant, v. Manley H. THALER, Leo
Greenfield, and Florida Realty & Diversified Investment Corp., a Florida corporation, Appellees.
TEXT: PER CURIAM. The summary judgment in favor of the defendant is reversed. Wills v. Sears,
Roeb...7 the agreement, particularly as to the validity of the certificate of occupancy. DELL,
STONE, JJ., and FRANK, RICHARD H., Associate Judge, concur.
52-CITE: 491 So.2d 1219 Robert Edward COSGROVE, Appellant, v. Madelaine Mackoul COSGROVE, Appellee.
TEXT: MILLS, Judge. This is an appeal from a final judgment of dissolution of marriage, wherein
th...ing the course of a long-term marriage. Accord, Wagers v. Wagers, 444 So.2d 520 (Fla. 1st DCA
1984). AFFIRMED. WENTWORTH and NIMMONS, JJ., concur.
53-CITE: 645 So.2d 39 In re ESTATE OF Hazel Cooper CORBIN. Bill CORBIN, Sr. and Daulton Cooper,
Appellants, v. Betty Guy SHERMAN, Individually and as Personal Representative of the Estate of Hazel
Cooper Corbin and James W. Cooper a k a Jimmy Cooper, Appellees.
TEXT: BARFIELD, Judge. Appellants challenge the trial court s validation of decedent s will,
exclu...ight of our reversal of the final judgment. Affirmed in part, reversed in part, and
remanded for further proceedings. ALLEN and WOLF, JJ., concur.
54-CITE: 737 So.2d 602 Sherry CONKLIN, Appellant, v. Ernie Haire FORD, and Humana Workers Compensation
Services, Appellees.
TEXT: PER CURIAM. The claimant, Sherry Conklin, appeals a final order by the judge of
compensation...ase is covered by the 1989 statute; however, the language of the 1989 statute is
identical to the 1985 statute referenced in the certified question.
55-CITE: 679 So.2d 1195 Fernando BENAVIDES, Appellant, v. The STATE of Florida, Appellee.
TEXT: FLETCHER, Judge. Fernando Benavides appeals an order revoking his probation and sentencing
h...urther complicating the circumstances below. *1197 status and to the offender program under
reasonable probation conditions. Reversed and remanded.
56-CITE: 549 So.2d 194 Linda Onett SHINN and Michael Onett, Appellants, v. Roy J. Schneider, Jr., as
Personal Representative of the Estate of Dorothy P. Schneider, Deceased, Appellee.
TEXT: GAVIN K. LETTS, Associate Judge. The trial judge held that an inter vivos grant of real
esta...ry of a final summary judgment in accordance herewith. REVERSED AND REMANDED. ------------
(FN2) 6 Bowe-Parker: Page on Wills Section 54.37 (1962).
57-CITE: 480 So.2d 235 DAYRON CORPORATION AND CLAIMS CENTER, Appellant, v. Frank MOREHEAD, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order awarding
cla...ruck Plaza Camp Oil Company v. Tucker, 395 So.2d 265 (Fla. 1st DCA 1981), and a specific
finding is unnecessary since compensability was stipulated.
58-CITE: 526 So.2d 157 Jeanne MARTIN and S. Ray Rotenberger, Appellants, v. James NEMEC, Appellee.
TEXT: PER CURIAM. Appellants, the beneficiaries under their father s will, brought suit against
ap...Conran v. Young, 458 So.2d 870 (Fla. 4th DCA 1984). REVERSED and REMANDED for further
proceedings. HERSEY, C.J., and DELL and WALDEN, JJ., concur.
59-CITE: 509 So.2d 1298 Johnny AIELLO, d b a Sugar Shack Lounge, and Chubb Group of Insurance
Companies, Appellants, v. James F. WILLS, Division of Workers Compensation Appellees Cross
Appellants, v. PIER EIGHT LIQUORS, INC., and American Casualty Company, Cross Appellee.
TEXT: MILLS, Judge. There is competent substantial evidence in the record supporting the deputy
co...We therefore find no merit in the issue raised on appeal. The issue raised on cross appeal is
moot. AFFIRMED. WENTWORTH and BARFIELD, JJ., concur.
60-CITE: 469 So.2d 183 HOLIDAY PLAZA CORPORATION, a Florida corporation, Appellant, v. CINEMAS OF
MIAMI, INC., Appellee.
TEXT: PER CURIAM. Landlord Holiday Plaza Corporation [Holiday Plaza] appeals a final judgment
rend...nclude that appellant s remaining points lack merit. Affirmed in part, reversed in part, and
remanded for proceedings consistent with this opinion.
61-CITE: 499 So.2d 873 David CHAPPELLE, Appellant, v. WINDJAMMER BAREFOOT CRUISES, LIMITED, and the
YANKEE TRADER , Appellees.
TEXT: PER CURIAM. The final summary judgment under review is reversed and the cause is remanded
to...1 So.2d 133 (Fla.1972); McCaulery v. Eastern Steamship Lines, Inc., 211 So.2d 72 (Fla. 4th DCA
1968); Fla.R.Civ.P. 1.510(c). Reversed and remanded.
62-CITE: 696 So.2d 1338 Larry Cecil SINGLETON, Appellant, v. Patricia Kay SINGLETON, Appellee.
TEXT: PER CURIAM. Contrary to section 61.075(3), Florida Statutes (1995), the final judgment in
th...ncome, unless it finds that the girlfriend made contributions that reduced the husband s living
expenses. FARMER, STEVENSON and GROSS, JJ., concur.
63-CITE: 704 So.2d 1100 CRUSE CONSTRUCTION and Florida Insurance Guaranty Association, Inc. (FIGA),
Appellants CrossAppellees, v. Frank ST. REMY, Appellee CrossAppellant.
TEXT: PER CURIAM. Mr. Frank St. Remy, a carpenter, injured his back in a compensable accident on
F... *1102 in the short interim between the request for such care and authorization of it.
Accordingly, we AFFIRM. ERVIN, KAHN and DAVIS, JJ., concur.
64-CITE: 566 So.2d 915 Wendy Dawn BLACKBURN for Lloyd E. Blackburn, (deceased), Appellant, v. David
TAYLOR and Arrow Trucking & Land Dev., Inc. and Liberty Mutual Insurance Co., Appellees.
TEXT: PER CURIAM. Wendy Dawn Blackburn contests an order of the Judge of Compensation Claims
(JCC)...rder appealed from is REVERSED and REMANDED for further proceedings consistent with this
opinion. SHIVERS, C.J., and JOANOS and MINER, JJ., concur.
65-CITE: 576 So.2d 940 CALTON, INC., Appellant, v. CAMELOT AT MARINERS VILLAGE, etc., et al.,
Appellees.
TEXT: PER CURIAM. Plaintiff appellant Calton, Inc., appeals the final order entering judgment on
t... the pleadings and remand for further proceedings consistent with this opinion. REVERSED and
REMANDED. COWART, GRIFFIN and DIAMANTIS, JJ., concur.
66-CITE: 569 So.2d 893 Diane M. RAKUSIN, Appellant, v. Stephen B. RAKUSIN, Appellee.
TEXT: PER CURIAM. Diane M. Rakusin appeals from an order denying her motion for a change in venue
...use and remand with instructions that venue be transferred to Alachua County, Florida. REVERSED
and REMANDED. LETTS, DELL and WALDEN, JJ., concur.
67-CITE: 712 So.2d 1205 Ottmar K.T. DIPPOLD, Appellant, v. Marika DIPPOLD, Appellee.
TEXT: ORFINGER, M., Senior Judge. Appellant, the former husband, appeals from an order reducing
th...ider a greater alimony reduction. See Guzman v. Guzman, 653 So.2d 1118 (Fla. 5th DCA 1995).
REVERSED and REMANDED. COBB and W. SHARP, JJ., concur.
68-CITE: 478 So.2d 482 UNIVERSITY OF FLORIDA FOUNDATION, INC., Appellant, v. James E. MILLER, Appellee.
TEXT: ERVIN, Judge. The University of Florida Foundation, Inc., residuary beneficiary under a
will... and finding no merit as to that argument, we affirm the denial of the stay. Reversed in
part, affirmed in part. JOANOS and BARFIELD, JJ., concur.
69-CITE: 523 So.2d 166 George Chester BEDELL, Appellant, v. Bettie Moor BEDELL, Appellee.
TEXT: ERVIN, Judge. The appellant husband appeals the trial court s order denying his petition
for...y, or a lesser amount, as a result of such change. REVERSED and REMANDED for further
consistent proceedings. SMITH, C.J., and NIMMONS, J., concur.
70-CITE: 646 So.2d 293 Carol D. NOBLE and the Department of Health and Rehabilitative Services,
Appellants, v. Maurice BURRELL, Appellee.
TEXT: ERVIN, Judge. Carol Noble and the Department of Health and Rehabilitative Services appeal
an...eclare Burrell the father, based upon the child s best interests. REVERSED and REMANDED for
further proceedings. JOANOS and BARFIELD, JJ., concur.
71-CITE: 718 So.2d 1263 Jeffrey MERRITT, a k a Paul Peava, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Jeffrey Merritt appeals his sentence for burglary. He argues that the trial
cour...ay raise and preserve this issue in the trial court. Reversed and remanded for resentencing.
PARKER, C.J., and ALTENBERND and QUINCE, JJ., concur.
72-CITE: 643 So.2d 11 Samya L. MEKHAIEL, Appellant, v. Riad E. MESSIHA, Appellee.
TEXT: ALTENBERND, Judge. Samya L. Mekhaiel, the former wife, appeals an order that modifies the
fi...record information. Instead, our decision is based exclusively on the husband s failure to
prove that the wife planned to permanently move to Egypt.
73-CITE: 521 So.2d 149 Brenda J. WOMBLE, Appellant, v. George A. WOMBLE, Appellee.
TEXT: UPCHURCH, F.D., Jr., Judge, Retired. Appellant Brenda Womble appeals a final judgment of
dis... 1985); DeCenzo v. DeCenzo, 433 So.2d 1316 (Fla. 3d DCA 1983). REVERSED and REMANDED.
DAUKSCH, J., concurs. COWART, J., dissents without opinion.
74-CITE: 457 So.2d 1064 In re Trust Under WILL OF Louis J. MARTELL, Deceased.
TEXT: GRIMES, Judge. This case examines the law applicable in construing the terms and provisions
...ral grandfather, Arthur J. Landry, per stirpes. Accordingly, the decision of the trial court is
reversed. BOARDMAN, A.C.J., and DANAHY, J., concur.
75-CITE: 613 So.2d 1345 James GOEKE, Appellant, v. John D. GOEKE, Guardian of the Estate of William
John Goeke, incapacitated, Appellee.
TEXT: ALTENBERND, Judge. This appeal arises from an adversary proceeding between twin brothers in
... will. Unif. Probate Code Section 5-407, 8 U.L.A. 485 (1969); Unif. Guardianship and Protective
Proceedings Act Section 2-307, 8A U.L.A. 495 (1982).
76-CITE: 449 So.2d 941 John Bernard BRODUS, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. We affirm defendant s conviction and probation sentence for possession of
mari...he achievement of an important governmental objective. Id. at 676. The 1977 statute was the
same as the 1975 statute on which the Mays court relied.
77-CITE: 512 So.2d 275 Bruce B. WENZEL, Appellant, v. Barbara H. WENZEL, Appellee.
TEXT: PER CURIAM. The husband appeals a non-final order awarding temporary alimony in a
dissolutio...it from it; and that any decision by the trial court rendered in such volatile
atmosphere is not carved in stone when the final hearing takes place.
78-CITE: 468 So.2d 1081 Elvin Lee MOORE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant s convictions for robbery, burglary and battery are affirmed upon
... victim, see Hankey v. State, 458 So.2d 1143 (Fla. 5th DCA 1984), individually and together would
more than justify the sentence imposed. Affirmed.
79-CITE: 445 So.2d 622 Edward P. SWAN, as Personal Representative of the Estate of Mary Layman Gibson,
deceased, Appellant, v. FLORIDA NATIONAL BANK OF MIAMI, as Personal Representative of the Estate of
Richmond T. Gibson, deceased, et al., Appellees.
TEXT: BASKIN, Judge. Colonel Gibson and Mrs. Gibson executed mutual wills. Colonel Gibson s will
p...ntion to substitute another in his place appears in the will. For these reasons, we hold that
the testamentary trust disposition lapsed. Affirmed.
80-CITE: 516 So.2d 1067 FLAGSHIP NATIONAL BANK OF BOYNTON BEACH, as Personal Representative of the
Estate of Marion Bentley Wall, Deceased, and Flagship National Bank of Boynton Beach and James R.
Warnke, as Trustees of the Trust entered into by Marion Bentley Wall as donor on February 15, 1978,
as amended, Appellants, v. Rohan KELLEY, as Guardian Ad Litem For Terry P. Bentley, a Minor,
Appellee.
TEXT: PER CURIAM. We review on this appeal whether the trial court erred in determining that
certa...tion in the trial court s determination that the property passed under decedent s estate. We
therefore affirm. DELL, WALDEN and STONE, JJ., concur.
81-CITE: 445 So.2d 714 Judith Ellen BOHLEN, Appellant, v. Floyd J. SHAW, et al., Appellees. Susan M.
HOFSTEIN, Appellant, v. Joseph Edward ROBERTS, et al., Appellees.
TEXT: PER CURIAM. Judith Ellen Bohlen and Susan M. Hofstein appeal from a final summary judgment
e... 351 So.2d 367 (Fla. 4th DCA 1977); Foster v. Lee, 226 So.2d 282 (Fla. 2d DCA 1969). REVERSED
and REMANDED. BERANEK, DELL and WALDEN, JJ., concur.
82-CITE: 483 So.2d 889 Harry A. AHLMAN, Appellant, v. Alice Francis WOLF, Appellee.
TEXT: BASKIN, Judge. This appeal follows the entry of a Final Judgment invalidating the will and
c...N*) Our dispostion of this case renders it unnecessary to reach the issue of Mrs. Hand s
testamentary capacity at the time the codicil was executed.
83-CITE: 629 So.2d 103 Curtin R. COLEMAN, II, Petitioner, v. Marie Preston Land COLEMAN, Respondent.
TEXT: McDONALD, Justice. We have for review Coleman v. Coleman, 614 So.2d 532 (Fla. 4th DCA
1993),...ict court s decision in Coleman and disapprove Schorb. It is so ordered. BARKETT, C.J.,
and OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
84-CITE: 535 So.2d 288 Mark CLERKIN, Appellant, vs. KENDALL TOWN & COUNTRY ASSOCIATES, LTD., a limited
partnership, Appellee.
TEXT: PER CURIAM. The final summary judgment under review is reversed and the cause is remanded
*2...otion for rehearing as well as the other motions filed herein, and adhee to our original
decision reversing the final summary judgment under review.
85-CITE: 752 So.2d 92 UNIVERSITY OF WEST FLORIDA and Alexsis Risk Management, Appellants, v. William
MIXSON, Appellee.
TEXT: WEBSTER, J. In this workers compensation case, the employer and servicing agent contend
that...hat argument in a motion for certification. In the absence of such a request, however, the
court has no good reason to certify the issue on its own.
86-CITE: 657 So.2d 958 Kathryn A. ROBINSON, Appellant, v. John W. ROBINSON, Appellee.
TEXT: WOLF, Judge. Kathryn Robinson appeals from a final order modifying a final judgment of
disso...uidelines. (FN3) For instance, a disability or other circumstance which would require grater
than normal financial support for the subsequent child.
87-CITE: 687 So.2d 903 Eugene MARTIN and Larry Martin, Appellants, v. Jean MARTIN, Appellee.
TEXT: KLEIN, Judge. Appellants are the sons of the decedent and appellee was the decedent s
second... barred from litigating their tortious interference case in so far as it precludes them
from challenging the trusts. FARMER and GROSS, JJ., concur.
88-CITE: 715 So.2d 362 Bette K. DILLOW, Appellant, v. Patricia Dillow WAGNER, et al., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment in a probate case. The question on
appeal... The judgment is reversed and this case remanded for entry of orders consistent herewith.
REVERSED and REMANDED. GOSHORN and HARRIS, JJ., concur.
89-CITE: 547 So.2d 1237 Joseph A. MARTIN and Virginia Martin, his wife, John R. Bolte and Marian Bolte,
his wife, Geraldine Suter, Howard Virgin and Prudence Virgin, his wife, and John R. Batchelor and
Laura Batchelor, his wife, Appellants, v. OCEAN REEF VILLAS ASSOCIATION, INC., a Florida
corporation, Appellee.
TEXT: NORRIS, W.A., Jr., Associate Judge. Appellants are unit owners in Ocean Reef Villas
Condomin...werhouse Condominium, Inc. v. Millman, 475 So.2d 674 (Fla.1985), cited by appellants, is
inapposite. AFFIRMED. DANIEL, C.J., and COBB, J., concur.
90-CITE: 718 So.2d 222 Raymond ARGYROS, Appellant, v. STATE of Florida, Appellee.
TEXT: CASANUEVA, Judge. Raymond Argyros challenges his perjury conviction on two grounds: first,
t...y, we reverse with instructions to grant Mr. Argyros motion for directed verdict and to
discharge him. CAMPBELL, A.C.J., and NORTHCUTT, J., concur.
91-CITE: 462 So.2d 1202 ALLSTATE INSURANCE COMPANY, a foreign corporation, Appellant, v. Madeline
HILSENRAD and Steven Garfield, Appellees.
TEXT: BARKDULL, Judge. The defendant appeals an adverse final summary judgment and an order
assess...he same is hereby reversed with directions to enter summary judgment in favor of Allstate
Insurance Company. Reversed and remanded with directions.
92-CITE: 576 So.2d 921 Robert A. BECHHOLD and Marianne T. Bechhold, Appellants, v. MARINER PROPERTIES,
INC., Appellee.
TEXT: ALTENBERND, Judge. Robert and Marianne Bechhold appeal a final summary judgment in favor of
...ble exposure to golfballs and what steps, if any, would be appropriate to remedy this problem.
Reversed. CAMPBELL, A.C.J., and DANAHY, J., concur.
93-CITE: 501 So.2d 140 James PETERSEN, Appellant, v. Richmond POWELL, et al., Appellees.
TEXT: SCHOONOVER, Judge. Appellant, James Petersen, appeals from a summary judgment entered in
fav...tion, a judgment for Powell should be entered. Reversed and remanded for proceedings
consistent herewith. CAMPBELL, A.C.J., and LEHAN, J., concur.
94-CITE: 610 So.2d 54 Tameka L. BUTLER, by and through her parent and natural guardian, Leila BUTLER,
Appellants, v. SMALL FRY, INC., d b a Small Fry Educational Day Care Centers, Appellee.
TEXT: PER CURIAM. The plaintiff, Tameka L. Butler, appeals from a final summary judgment entered
i...remand this cause for further proceedings consistent with this opinion. Reversed and remanded
for further proceedings consistent with this opinion.
95-CITE: 614 So.2d 532 Curtin R. COLEMAN, II, Appellant, v. Marie Preston Land COLEMAN, Appellee.
TEXT: FARMER, Judge. The parties were divorced in 1964, and he was ordered to pay her permanent
pe...quiry into legislative intent may be conducted only where the statute is ambiguous on its face.
Streeter v. Sullivan, 509 So.2d 268, 271 (Fla.1987).
96-CITE: 537 So.2d 658 Katherine Elizabeth Macdonald WALTON, Appellant, v. Bruce Eugene WALTON,
Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of a post-dissolution modification order reducing
a...rd of living experienced during the parties marriage. We therefore reverse the order appealed
and remand the cause. MILLS and SHIVERS, JJ., concur.
97-CITE: 614 So.2d 648 STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES and Susan
Mcgurl, Appellants, v. Thomas MCGURL, Appellee.
TEXT: FRANK, Judge. The Department of Health and Rehabilitative Services and Susan McGurl have
app...abuse its discretion in setting the husband s support obligation below the guideline amount.
Affirmed. SCHOONOVER, A.C.J., and PARKER, J., concur.
98-CITE: 706 So.2d 896 Budd LAURENCE, Secondary Holdings, Inc., Shores Development, Inc., Wayne Rosen,
and Michael Latterner, Petitioners, v. Jose I. SOLER, Resol, Inc., Primary Holdings, Inc., by and
through its shareholder, Jose I. Soler, Respondents.
TEXT: PER CURIAM. Petitioners seek certiorari review of the trial court s order denying their
moti...at a partnership was formed, see Dahlawi, 644 So.2d at 523, and until the action for an
accounting has been completed. See Miller, 692 So.2d at 933.
99-CITE: 549 So.2d 219 Raymond J. PIRINO, Appellant, v. Marianne D. PIRINO, Appellee.
TEXT: GOSHORN, Judge. Raymond J. Pirino (husband) appeals the trial court s order awarding $3,000
... many parties to a faltering marriage, for a variety of reasons, attempt to maintain life-styles
far beyond their financial abilities and resources.
100-CITE: 472 So.2d 1299 In re The ESTATE of Walter J. JONES, Deceased. Karen Carey HALL, Appellant, v.
Edwin C. JONES, as Successor Personal Representative of the Estate of Walter J. Jones, Deceased,
Appellee.
TEXT: PER CURIAM. This is an appeal from an order of ademption. The dispositive scheme of Mr.
Jon...ard to the note and deed of trust. I do not believe any different result occurs because the
note was paid in full at an early date. I would affirm.
101-CITE: 469 So.2d 828 Donald W. LEDFORD, Appellant, v. Marie I. LEDFORD, Appellee.
TEXT: ORFINGER, Judge. The former husband appeals from a final judgment of dissolution of
marriage...property and may reconsider the award of alimony and support for the wife. REVERSED and
REMANDED. FRANK D. UPCHURCH, Jr., and COWART, JJ., concur.
102-CITE: 453 So.2d 856 T.D.D., Husband, Petitioner, v. M.J.D.D., Wife, Respondent.
TEXT: DELL, Judge. This matter comes before us on petition for writ of certiorari to quash two
ord...t to HLA blood testing and remand this case to the trial court for further proceedings
consistent herewith. ANSTEAD, C.J., and BERANEK, J., concur.
103-CITE: 516 So.2d 86 Chester D. MAHONEY, Guardian of Laureen M. Gay, Appellant, v. Donald GAY,
Appellee.
TEXT: PER CURIAM. This is an appeal instituted by Chester Mahoney, as guardian for the wife
Lauree...ded to the trial court with directions to order the husband to pay for the above-stated two
items. Affirmed in part; reversed in part and remanded.
104-CITE: 639 So.2d 178 Janine BAIN, Appellant, v. Linda HILL, as personal representative of the Estate
of Raymond E. LeDuc, Appellee.
TEXT: SCHWARTZ, Chief Judge. This is an appeal from an order admitting a will to probate after an
...itnesses must sign the will in the presence of the testator and in the presence of each other.
. . . Section 732.502, Fla.Stat (1993). (FN2) Ibid.
105-CITE: 661 So.2d 385 STATE of Florida, DEPARTMENT OF REVENUE, By and on Behalf of Janet STANLEY,
Appellant, v. James D. TUCKER, Appellee.
TEXT: PER CURIAM. Appellant seeks review of an order entered in response to a motion seeking an
in..., 1994, the effective date established by the order on appeal. *386 REVERSED and REMANDED,
with directions. BOOTH, MINER and WEBSTER, JJ., concur.
106-CITE: 613 So.2d 426 THE FLORIDA BAR RE ADVISORY OPINION--NONLAWYER PREPARATION OF LIVING TRUSTS
TEXT: PER CURIAM. Pursuant to rule 10-7.1(b) of the Rules Regulating The Florida Bar, Ira C.
Hatch...ts or to the practice of public accountancy. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
107-CITE: 555 So.2d 1293 Barry R. MANN, Appellant Cross-Appellee, v. Mary June MANN, Appellee
Cross-Appellant.
TEXT: PER CURIAM. The former husband, Barry Mann, appeals an order granting the former wife s
peti...ersed, and the cause is remanded with directions to award Ms. Mann permanent alimony in the
original amount. Reversed and remanded with directions.
108-CITE: 675 So.2d 216 Anne Marie RUSSO and Peter Russo, Appellants, v. Humberto Trias BURGOS,
Appellee.
TEXT: KLEIN, Judge. Appellants are the maternal grandparents of a two-year-old child who has been
...t a proceeding under chapter 61 only requires proof by a preponderance of the evidence that a
custody decision be in the best interest of the child.
109-CITE: 631 So.2d 364 Carolyn A. WASHINGTON, Appellant, v. FLEET MORTGAGE CORPORATION, Appellee.
TEXT: PER CURIAM. Appellant Carolyn Washington (Washington) appeals a summary judgment granted in
...ase, with the amount of such fees, if any, also to be determined by the trial court. REVERSED
AND REMANDED. BOOTH, LAWRENCE and DAVIS, JJ. concur.
110-CITE: 453 So.2d 886 Onelia Padron LOWY, Appellant, v. Carol ROBERTS and Betty Kessler, Personal
Representative of the Estate of Robert E. Lowy, deceased, Appellees.
TEXT: SCHWARTZ, Chief Judge. Robert E. Lowy died on March 8, 1982. On March 24 of that year, a
six... 448 So.2d 1187 (Fla. 2d DCA 1984). For these reasons, the order under review is reversed and
the cause remanded for trial. Reversed and remanded.
111-CITE: 744 So.2d 1203 Long Van NGUYEN, and Bankers Trust of California, N.A., Appellants, v. J.D.
BUFFKIN, Jr. and Linda D. Norse as Trustee of the Linda D. Norse revocable living trust, Appellees.
TEXT: PER CURIAM. DISMISSED. See Benton v. Moore, 655 So.2d 1272 (Fla. 1st DCA 1995). WEBSTER,
DA...r Appellees. TEXT: PER CURIAM. DISMISSED. See Benton v. Moore, 655 So.2d 1272 (Fla. 1st DCA
1995). WEBSTER, DAVIS and VAN NORTWICK, JJ., CONCUR.
112-CITE: 564 So.2d 555 In re The ESTATE OF Rose V. VICKERY, Deceased.
TEXT: GARRETT, Judge. This is a consolidated appeal. Appellants seek review of the dismissal of
th...ngly, we affirm the striking of appellant s probate claim and the dismissal of their breach of
contract complaint. WALDEN and GUNTHER, JJ., concur.
113-CITE: 590 So.2d 471 In re ESTATE OF James John DICKSON, Deceased. KIM BERTOGLIO, et al., Appellants,
v. Christa Kohl DICKSON and American Cancer Society, Appellees.
TEXT: NESBITT, Judge. We reverse an order of the trial court, which admitted the last will and
tes...e and at his direction, by burning, tearing, canceling, defacing, obliterating, or destroying
it with the intent, and for the purpose of revocation.
114-CITE: 727 So.2d 1048 Ernest R. GONZALEZ, Appellant, v. Mary B. GONZALEZ, Appellee.
TEXT: PER CURIAM. AFFIRMED. *1049 DAUKSCH and THOMPSON, JJ., concur. HARRIS, J., concurs in
part...d support over the table amount by adding 5% of the parents income over that shown in the
table, are they also recoverable as monthly adjustments ?
115-CITE: 503 So.2d 904 Alan ERDE, Appellant, v. Wilma C. ERDE, Appellee.
TEXT: GRIMES, Acting Chief Judge. The husband appelas from an order modifying a judgment of
dissol...d of lump sum alimony and the award of military retirement pay increases. In all other
respects, we affirm the order. RYDER and FRANK, JJ., concur.
116-CITE: 547 So.2d 946 Kay L. COPPOCK, as Personal Representative of the Estate of George Hawkins,
deceased, Appellant, v. Hazel H. CARLSON, Appellee.
TEXT: FERGUSON, Judge. George Hawkins died in 1987 at age 84. His last will and testament, dated
J... (Fla. 3d DCA 1987). The record contains more than sufficient testimony supporting the trial
court s determination. For that reason, I would affirm.
117-CITE: 473 So.2d 22 Tom P. LINQUIST, Appellant, v. Mark H. BOYD and Sharon Boyd, his wife, Appellees.
TEXT: PER CURIAM. The defendant Tom P. Linquist appeals a partial summary judgment on liability
en...362 So.2d 414, 416-17 (Fla. 2d DCA 1978). The partial summary judgment appealed from is
reversed and the cause is remanded for further proceedings.
118-CITE: 611 So.2d 544 Nancy Pam SIMPSON, et al., Appellants, v. Clydia M. WILLIAMSON, et. al.,
Appellees.
TEXT: W. SHARP, Judge. Petitioners below (Simpson, Nabors and Cleveland Williamson) appeal from
th... court below. Accordingly, we reverse and remand this cause for further proceedings. REVERSED
and REMANDED. GOSHORN, C.J., and COWART, J., concur.
119-CITE: 689 So.2d 1310 Brian James KEARNEY, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. Brian James Kearney appeals his conviction and departure sentence for lewd
...EMANDED for new trial consistent with this opinion. PETERSON, C.J., and ANTOON, J., concur.
------------ (FN1) Section 800.04(1), Fla.Stat. (1993).
120-CITE: 462 So.2d 883 Anne B. BLAKISTONE, Appellant, v. John R. BLAKISTONE, Appellee.
TEXT: PER CURIAM. Appellant Anne Blakistone appeals from the final judgment of dissolution of
marr...e award. The final judgment of dissolution is otherwise affirmed. CAMPBELL, A.C.J., and
SCHOONOVER, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
121-CITE: 538 So.2d 147 Clarice Jones STRIPLING, Appellant, v. Robert Olin STRIPLING, Jr., Appellee.
TEXT: PER CURIAM. AFFIRMED. WIGGINTON and NIMMONS, JJ., concur. JOANOS, J., dissents with
writte...nd remand for a restructuring of the alimony provisions in order to provide a standard of
living more appropriate to the circumstances of this case.
122-CITE: 670 So.2d 1135 Harold LAUSHWAY, etc., Appellant, v. Shirley G. ONOFRIO, Appellee.
TEXT: ANTOON, Judge. Harold Laushway appeals the final order entered by the trial court removing
h...enerally 1 Leslie A. Jeffries, Redfearn Wills and Administration in Florida, Section 17-12 (6th
ed.1986). AFFIRMED. COBB and GOSHORN, JJ., concur.
123-CITE: 495 So.2d 271 Myra LITTLEJOHN, Appellant, v. Charlie H. LITTLEJOHN, Jr., Appellee.
TEXT: PER CURIAM. This is an appeal from a nonfinal order denying the wife s motion for temporary
...evant evidence. Any motion for rehearing directed to this opinion shall be filed within ten days.
GRIMES, A.C.J., and SCHEB and RYDER, JJ., concur.
124-CITE: 700 So.2d 19 Allen R. HIMEBAUGH, Appellant Cross-Appellee, v. WEBER INVESTMENT CORPORATION,
Appellee Cross-Appellant.
TEXT: HARRIS, Judge. Allen Himebaugh purchased a lot in an unrecorded subdivision in 1988. The
pur...ney s fees. Sybert v. Combs, 555 So.2d 1313 (Fla. 5th DCA 1990). AFFIRMED in part; REVERSED
in part and REMANDED. GOSHORN and ANTOON, JJ., concur.
125-CITE: 581 So.2d 632 Daniel J. STADLER and Tracey Wills Stadler, his wife, Appellants, v. FORD WERKE
AG, a foreign corporation, Heiser Lincoln-Mercury, Inc., a foreign corporation, Ford Motor Co., a
foreign corporation, Jeffrey Kirsch, as Personal Representative of the Estate of Brian S. Richards,
deceased, the Richards Automobile Co., Inc., a domestic corporation, and National Union Fire
Insurance Company of Pittsburgh, PA., a foreign corporation, Appellees.
TEXT: PER CURIAM. This is an appeal from an order transferring the underlying action to Martin
Cou...Florida Statutes (1989). Hu v. Crockett, 426 So.2d 1275 (Fla. 1st DCA 1983). REVERSED AND
REMANDED. HERSEY, C.J., and LETTS and DELL, JJ., concur.
126-CITE: 463 So.2d 447 Deborah HERR, Appellant, v. Larry HERR, Appellee.
TEXT: DELL, Judge. In this dissolution of marriage suit, the general master recommended that the
w...dren as well as the husband s ability to pay, and to enter an order based upon those factual
determinations. ANSTEAD, C.J., and HERSEY, J., concur.
127-CITE: 696 So.2d 842 Jeff ROWAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Jeff Rowan, challenges an order revoking his probation and
senten...to carry its burden of proving a willful and substantial violation of probation. Reversed.
PARKER, A.C.J., and PATTERSON and LAZZARA, JJ., concur.
128-CITE: 733 So.2d 536 AMERICANA DUTCH HOTEL and Cigna Property & Casualty Co., Appellants, v. Johnny
McWILLIAMS, Appellee.
TEXT: KAHN, J. In this case, the employer carrier (E C) appeal an order of the judge of
eompensati...irmed in Cruse, is still good law. Alderman, 23 Fla. L. Weekly at D2579, -- So.2d at
--, 1998 WL 798821. AFFIRMED. WOLF and PADOVANO, JJ., concur.
129-CITE: 586 So.2d 468 Homer Leo WILLS, Jr., Petitioner, v. The Honorable Thomas WILSON, Respondent.
TEXT: PETITION FOR WRIT OF PROHIBITION PER CURIAM. Petitioner, Homer Leo Wills, Jr., seeks a
writ...(1). The motion for discharge was timely and, therefore, incorrectly stricken. The only
option *471 is to grant the motion and discharge petitioner.
130-CITE: 662 So.2d 1237 THE FLORIDA BAR, Complainant, v. Melvin SCHOONOVER, etc., Respondent.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar alleging that respondent
Mel... respondent, for which sum let execution issue. It is so ordered. GRIMES, C.J., and OVERTON,
SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
131-CITE: 454 So.2d 764 STATE of Florida, Appellant, v. Michael D. MYERS, Appellee.
TEXT: OTT, Judge. Appellee was charged with possession of a felony amount of marijuana and
paraphe...ccordingly, it was error for the trial court to grant appellee s motion to suppress.
REVERSED and REMANDED. GRIMES, A.C.J., and LEHAN, J., concur.
132-CITE: 738 So.2d 453 Roberta WILLIAMS, Appellant, v. The ESTATE OF Nero PENDER, Appellee.
TEXT: LAWRENCE, J. Roberta Williams appeals an order determining, by the preponderance of the
evid...lleged adoptive parents. We accordingly reverse the order of the trial court and remand for
consistent proceedings. ALLEN and BENTON, JJ., CONCUR.
133-CITE: 504 So.2d 18 Estelle TEMPLIN and RICHARD TEMPLIN, Appellants, v. K-MART CORPORATION, a foreign
corporation and Fred Wynn, Appellees.
TEXT: PER CURIAM. The Templins appeal form a final summary judgment entered against them in their
...t appealed is reversed and the cause remanded for further proceedings. REVERSED AND REMANDED.
UPCHURCH, C.J., and ORFINGER and SHARP, JJ., concur.
134-CITE: 448 So.2d 1233 Jerome ANDREWS, Appellant, v. Gwendolyn D. ANDREWS, Appellee.
TEXT: MILLS, Judge. The former husband seeks review of the trial court s order partially denying
h...pouses, there almost has to be some reduction in the standard of living formerly enjoyed by the
family. AFFIRMED. SMITH, and NIMMONS, JJ., concur.
135-CITE: 655 So.2d 1243 Glenn E. BENTERS, Appellant Cross-Appellee, v. Holly BENTERS, Appellee
Cross-Appellant.
TEXT: HARRIS, Chief Judge. The final judgment dissolving marriage entered herein awarded the Wife
...ll the alimony be considered rehabilitative. AFFIRMED in part; REVERSED in part and REMANDED
with instructions. GOSHORN and PETERSON, JJ., concur.
136-CITE: 697 So.2d 1292 Julie M. PACKARD, Appellant, v. Brian S. PACKARD, Appellee.
TEXT: PER CURIAM. Julie M. Packard appeals a final judgment of dissolution in which the trial
cour...evidence, in its discretion. *1294 REVERSED and REMANDED for proceedings consistent with
this opinion. JOANOS, WOLF and VAN NORTWICK, JJ., concur.
137-CITE: 513 So.2d 1120 Angela B. MIMS, Appellant, v. William Alexander MILLER and Sybel A. Husband,
Appellees.
TEXT: FRANK D. UPCHURCH, Jr., Associate Judge. This is an appeal from a nonfinal order denying a
m...986, and on March 19, filed her motion to vacate. The order denying the motion to vacate
default is reversed. FRANK, A.C.J., and HALL, J., concur.
138-CITE: 475 So.2d 1337 In re ESTATE OF Mary C. W. HAND. Alice Frances WOLF, Appellant Cross-Appellee,
v. Harry A. AHLMAN and Cristol, Mishan & Sloto, Appellees Cross-Appellants.
TEXT: REVISED OPINION DANIEL S. PEARSON, Judge. The issue in this appeal is whether Harry A.
Ahlm...he will. Even if from the attorneys standpoint the agreement is, in retrospect, improvident,
courts do not save parties from improvident agreements.
139-CITE: 585 So.2d 478 Elba Marie VALLE and Elba N. Valle, Appellants, v. Terry CHILDS, Appellee.
TEXT: PER CURIAM. Defendants Elba Marie Valle and Elba N. Valle appeal an adverse partial summary
...ist v. Boyd, 473 So.2d 22 (Fla. 3d DCA 1985). The order under review is reversed and the cause
remanded for further proceedings consistent herewith.
140-CITE: 601 So.2d 1266 Dorothy WALTON & Rodger Walton, et al., Appellants, v. The ESTATE OF Mary E.
WALTON, Deceased, et al., Appellees.
TEXT: NESBITT, Judge. We reverse an order denying a petition for the establishment of a lost or
de...e trial court denying the petition for lost or destroyed will is reversed, and the cause
remanded with directions to admit the 1985 will to probate.
141-CITE: 437 So.2d 788 Stuart A. DUTCHER, Appellant, v. The ESTATE OF Loreta B. DUTCHER, Appellee.
TEXT: RYDER, Judge. Stuart Dutcher, the only child of Loreta B. Dutcher, appeals from an order
hol...f-serving, the testimony of the other two individuals, both of whom were witnesses to the
execution of the will, supports the result which we reach.
142-CITE: 649 So.2d 270 Tricia Lee TAYLOR, Petitioner, v. Honorable Patrick G. KENNEDY, Circuit Court
Judge, etc. Respondent.
TEXT: GRIFFIN, Judge. Petitioner, Tricia Taylor [ Taylor ], seeks a writ of prohibition against
th...is no common law or statutory basis for the child s petition. (FN5) There is also no apparent
basis for an order controlling the mother s residence.
143-CITE: 467 So.2d 465 John SCHNEIDER, Appellant, v. Norma Jean SCHNEIDER, Appellee.
TEXT: ORFINGER, Judge. The former husband appeals from an order denying his petition for
modificat...here. As a matter of public policy, I do not think persons who legitimize their
relationships should be penalized, while persons who do not are not.
144-CITE: 432 So.2d 812 CONE BROTHERS CONTRACTING and Whiting National Services, Appellants, v. Daniel
E. ROGERS (Deceased), and Louise C. Rogers (Claimant), Appellee.
TEXT: MILLS, Judge. This is an appeal by the employer carrier from an order of the deputy
commissi...inion. BOOTH, Judge, dissenting: I respectfully dissent, and would affirm the order of
the deputy as supported by competent, substantial evidence.
145-CITE: 434 So.2d 36 Elaine THOMPSON and Barry Thompson, her husband, Appellants, v. Peter L. NILES,
Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. The Thompsons appeal from a final summary judgment in favor
o...ions of Dutchess. The affidavit of Niles merely alleged that Dutchess was a division of National
Services. REVERSED. COBB and COWART, JJ., concur.
146-CITE: 696 So.2d 466 Daniel R. GANDUL, Appellant, v. Judith A. GANDUL, Appellee.
TEXT: COPE, Judge. Appellant Daniel R. Gandul, the husband in this dissolution action, appeals a
f...as it dissolves the parties marriage. The final judgment is reversed in all other respects and
remanded for further proceedings consistent herewith.
147-CITE: 711 So.2d 1315 Celius JEAN, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, Judge. Appellant was charged with sexual battery of the fourteen year old daughter
of...community control should not, accordingly, have been revoked because he was alone with his own
children. Reversed. GUNTHER and FARMER, JJ., concur.
148-CITE: 672 So.2d 74 Shirley HYATT n k a Shirley Sanders, Appellant, v. Terry Leroy HYATT, Sr.,
Appellee.
TEXT: WOLF, Judge. The former wife challenges the trial court s order denying a request for
child-...indings regarding attorney s fees and costs, specifically whether each party has the
ability to pay their own fees. JOANOS and MICKLE, JJ., concur.
149-CITE: 526 So.2d 141 Carl Ray CARTER, Jr., a beneficiary of the Estate of Catherine S. Carter,
Appellant, v. David Ray CARTER and Virginia Carter, Appellees.
TEXT: NESBITT, Judge. Carl R. Carter, Jr. appeals the revocation of his mother s will on the
groun...of James amounted to undue influence. Accordingly, we reverse the final judgment below and
order the trial court to admit to probate the 1983 will.
150-CITE: 565 So.2d 741 UNIVERSAL UNDERWRITERS INSURANCE COMPANY, Appellant, v. Arthur Forte EVANS, III,
Appellee.
TEXT: GOSHORN, Judge. Universal Underwriters Insurance Company (Universal) appeals the summary
fin...ed by Universal s policy of insurance and awarding attorney s fees and costs is reversed.
REVERSED and REMANDED. W. SHARP and COWART, JJ., concur.
151-CITE: 578 So.2d 288 Victoria LONG, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Victoria Long contends the trial court erred in denying her motions for
judgmen...victions. Accordingly, this case is reversed and remanded with directions consistent with
this opinion. SCHEB, A.C.J., and ALTENBERND, J., concur.
152-CITE: 525 So.2d 427 Barbara V. SALISBURY, Appellant, v. Harry H. SALISBURY, Jr., Appellee.
TEXT: THOMPSON, Judge. The wife appeals a final judgment of dissolution of marriage which divided
...at the court may properly consider all the criteria set forth in Section 61.08, Fla.Stat.
REVERSED and REMANDED. BOOTH and WIGGINTON, JJ., concur.
153-CITE: 608 So.2d 937 Laura JOHNSON, as Personal Representative of the Estate of Jason Johnson,
Deceased, Appellant, v. HOWARD MARK PRODUCTIONS, INC., a Florida corporation, Appellee.
TEXT: ALTENBERND, Judge. Laura Johnson, as personal representative of the estate of Jason
Johnson,...sed, and the case remanded for further proceedings consistent with this opinion.
Reversed and remanded. FRANK, A.C.J., and THREADGILL, J., concur.
154-CITE: 719 So.2d 320 HIGHLANDS INSURANCE COMPANY, Appellant, v. Morris KRAVECAS, Appellee.
TEXT: PER CURIAM. Highlands Insurance Company (Highlands) appeals the lower court s Final
Judgment...and relocate, then the homeowner s claim for loss of use is limited to the shortest time
required for the homeowner s household to settle elsewhere.
155-CITE: 557 So.2d 894 William Bernard GREEN, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. William Green appeals his conviction of two counts of armed robbery with a
fi...ial as to vitiate the entire trial. Duest v. State, 462 So.2d at 448; Cobb v. State, 376 So.2d
at 232. AFFIRMED. ERVIN and WENTWORTH, JJ., concur.
156-CITE: 626 So.2d 974 Robert D. GREEN, Appellant, v. CSX TRANSPORTATION, INC., Appellee.
TEXT: PER CURIAM. This is an action brought by Robert Green against his employer, CSX
Transportati...lity of this testimony should be reconsidered if, and when, the evidence is proffered
at trial or otherwise. SMITH, KAHN and LAWRENCE, JJ., concur.
157-CITE: 647 So.2d 315 Albert HOFFMAN, Appellant, v. Stewart L. KRUG, Appellee.
TEXT: FRANK, Chief Judge. A recounting of each event creating a relationship and terminating in a
...wnership and not in the business of maintaining and operating an adult congregate living
facility. Affirmed. CAMPBELL and THREADGILL, JJ., concur.
158-CITE: 578 So.2d 480 Herman Lamar GOLDEN, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Herman Lamar Golden contends the trial court erred in denying his motions for
j...ely. *481 Accordingly, this case is reversed and remanded with directions consistent with this
opinion. SCHEB, A.C.J., and ALTENBERND, J., concur.
159-CITE: 539 So.2d 27 Jane MANSON, Appellant, v. Fremont B. HAYES, Appellee.
TEXT: PER CURIAM. This is an appeal from an order refusing to admit the will of Raymond M. Hayes
t...of Olson, 181 So.2d 642, 643 (Fla.1966). Where, as the court found here, the statutory
formalities are not complied with, that assurance is missing.
160-CITE: 442 So.2d 1107 Melinda M. GARY, Appellant Cross Appellee, v. T. Jack GARY, III, Appellee Cross
Appellant.
TEXT: LEE, J. CAIL, Associate Judge. This is an appeal and cross appeal from a final judgment of
d...be restricted to the husband s annual bonus and it shall not terminate sooner in the event of
the husband s death. DOWNEY and LETTS, JJ., concur.
161-CITE: 592 So.2d 1225 Brenda JOHNSON, Petitioner, v. Dr. Barry WANDER, Respondent.
TEXT: ON MOTION FOR REHEARING PER CURIAM. In this action for professional malpractice,
petitioner...iewable by certiorari. Krueger v. Wear, 498 So.2d 578 (Fla. 3d DCA 1986); Norris v.
Southern Bell Tel. & Tel. Co., 324 So.2d 108 (Fla. 3d DCA 1975).
162-CITE: 560 So.2d 423 Ronald D. HACKNEY, Appellant, v. Sherri L. HACKNEY, Appellee.
TEXT: DOWNEY, Judge. These are two timely consolidated appeals arising from the denial of
appellan...ause to the trial court with directions to further consider appellant s petition for
modification. Reversed. HERSEY, C.J., and WARNER, J., concur.
163-CITE: 541 So.2d 743 Barbara J. KAUFMAN, Appellant, v. James M. KAUFMAN, Appellee.
TEXT: PER CURIAM. In an earlier appeal of this case we directed that the judgment dissolving the
m...2d 58, 62 (Fla. 2d DCA), cert. denied, 367 So.2d 1125 (Fla.1979); In re Marriage of Jones, 357
So.2d 439 (Fla. 2d DCA 1978). Reversed and remanded.
164-CITE: 498 So.2d 1289 Winfred C. WILSON, Appellant, v. FIRST FLORIDA BANK, as Personal Representative
of the Estate of Alvin L. Cooledge, Deceased and University of Georgia, Appellees.
TEXT: GRIMES, Judge. This is an appeal from a judgment construing a will. On April 22, 1984,
Alvi...hat the residue of the estate be distributed to the University of Georgia was eminently
correct. Affirmed. DANAHY, C.J., and CAMPBELL, J., concur.
165-CITE: 515 So.2d 294 STATE of Florida, DIVISION OF WORKERS COMPENSATION, ADMINISTRATIVE TRUST FUND
and Walt Disney World, Appellants, v. William HOOKS, Appellee.
TEXT: BARFIELD, Judge. Appellant seeks review of a compensation order finding that supplemental
wo...uty commissioner s order is REVERSED and the matter REMANDED for entry of an order consistent
with this decision. BOOTH and WIGGINTON, JJ., concur.
166-CITE: 748 So.2d 1038 Dennis ALDERMAN, Appellant, v. FLORIDA PLASTERING and Associated Industries
Insurance Company, Appellees.
TEXT: PER CURIAM. Dennis Alderman, the claimant, appeals a final order by the judge of
compensatio...ULATE THE OFFSET BASED ON THE YEARLY 5% INCREASE IN SUPPLEMENTAL BENEFITS? Reversed
and Remanded. BENTON, VAN NORTWICK and PADOVANO, JJ., CONCUR.
167-CITE: 707 So.2d 350 Joann C. CARDILLO, Appellant, v. Paul T. CARDILLO, Appellee.
TEXT: QUINCE, Judge. This case arises out of a divorce proceeding involving Joann and Paul
Cardill... the type and amount of alimony, taking into consideration the most recent income enjoyed
by the parties. CAMPBELL, A.C.J., and FULMER, J., concur.
168-CITE: 626 So.2d 1096 In re ESTATE OF Arthur H. BOVEE, Deceased. Cindy TELLIA and Lisa Tellia,
Appellants, v. Joseph BOVEE, Personal Representative of the Estate of Arthur H. Bovee, Appellee.
TEXT: PER CURIAM. Cindy and Lisa Tellia appeal an order construing the residuary clause in the
wil...J.S. Wills Section 1226 (1957). REVERSED and REMANDED for further proceedings consistent with
this opinion. SMITH, KAHN and LAWRENCE, JJ., concur.
169-CITE: 609 So.2d 623 In re ESTATE OF Margaret WALKER.
TEXT: ON MOTION FOR REARING EN BANC STONE, Judge. By our initial opinion in this case, the court
...a. 4th DCA 1988). As a result, I would reverse the final judgment and remand the case with
instructions that judgment be entered for the appellants.
170-CITE: 695 So.2d 843 Janice M. LYNCH, Appellant, v. John D. LYNCH, Appellee.
TEXT: FLETCHER, Judge. Janice M. Lynch [wife] appeals, and John D. Lynch [husband] cross appeals
a...hereof challenged by the husband in his cross appeal. Affirmed in part; reversed in part; and
remanded for further proceedings consistent herewith.
171-CITE: 653 So.2d 1118 Romeo G. GUZMAN, Appellant Cross-Appellee, v. Barbara K. GUZMAN, Appellee
Cross-Appellant.
TEXT: PETERSON, Judge. Romeo G. Guzman appeals the final judgment of dissolution of his marriage
t... revised amount of alimony is fashioned. The parties may be in comparable financial situations
at that time so that denial may again be appropriate.
172-CITE: 437 So.2d 764 Willie James McCRAY, deceased, and Elizabeth McCray, Appellant, v. BEVERLY HILLS
PLANTATION and Florida Farm Bureau, Appellees.
TEXT: SHIVERS, Judge. In this workers compensation case, Elizabeth McCray appeals the order of
the...rdingly, the order of October 26, 1982, is REVERSED and this cause REMANDED for further
proceedings. ROBERT P. SMITH, Jr. and NIMMONS, JJ., concur.
173-CITE: 736 So.2d 106 Penny KAZMIERAZAK, Appellant, v. Pamela S. QUERY, Appellee.
TEXT: GUNTHER, Judge. Appellant seeks reversal of the trial court s orders dismissing her
petition...ord on the issue. An important factor driving the decision in Cox was the absence of any
evidence in the record in support of the parties positions.
174-CITE: 536 So.2d 1184 William Francis QUINN, Appellant, v. Sheila M. QUINN, Appellee.
TEXT: PER CURIAM. We affirm the award of permanent alimony, and because we see no consistent
patte...r spouse by allowing him to have a family and yet devote all productive hours to increasing
his earning capacity. Id. at 583-86 (footnotes omitted).
175-CITE: 559 So.2d 1204 Mary Edith Mitchell PFAFFKO, Appellant, v. Arthur Gustave William PFAFFKO,
Appellee.
TEXT: LEHAN, Acting Chief Judge. We affirm the final judgment of dissolution of marriage from
whic.... See Miller v. Miller, 342 So.2d 85, 86 (Fla. 1st DCA 1976), cert. denied, 354 So.2d 983
(Fla.1977). Affirmed. FRANK and THREADGILL, JJ., concur.
176-CITE: 683 So.2d 177 Mary Ann SASNETT, Appellant, v. Odell O. SASNETT, Appellee.
TEXT: QUINCE, Judge. Mary Ann Sasnett challenges the trial court s ruling in a dissolution
proceed...ound. We remand this case to the trial court for reconsideration of the issues of costs
and attorney s fees. RYDER, A.C.J. and LAZZARA, J., concur.
177-CITE: 590 So.2d 456 Wilner BELIZAIRE, Appellant, v. Robert W. LYDIC d b a Tidewater Machinery
Company, Appellee.
TEXT: PER CURIAM. Affirmed. McCormick Machinery v. Julian E. Johnson & Sons, Inc., 523 So.2d 651
(...(Fla.1961); Marrillia v. Lyn Craft Boat Co., 271 So.2d 204, 206 (Fla. 2d DCA 1973); see also
Wills v. Sears, Roebuck & Co., 351 So.2d 29 (Fla.1977).
178-CITE: 535 So.2d 661 John Richard COLLINS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant John Richard Collins from two judgments of
co...e affirmed; the sentences under review are reversed, and the cause is remanded to the trial
court for resentencing within the sentencing guidelines.
179-CITE: 454 So.2d 26 Virginia S. SHRINE, Appellant, v. Bertram SHRINE, Appellee.
TEXT: BOOTH, Judge. Appellant Virginia Shrine, appeals an order entered by the trial court
modifyi...e is remanded with directions for entry of an order in accordance herewith. WENTWORTH,
J., concurs. ERVIN, C.J., dissents without written opinion.
180-CITE: 525 So.2d 1028 Marianne D. PIRINO, Appellant, v. Raymond J. PIRINO, Appellee.
TEXT: ORFINGER, Judge. In this appeal from a judgment of dissolution of marriage, the former wife
...he parties. In all other respects the final judgment is affirmed. AFFIRMED in part, REVERSED in
part, and REMANDED. DAUKSCH and COBB, JJ., concur.
181-CITE: 755 So.2d 651 Judith ACKER, Appellant, v. CITY OF CLEARWATER, and City of Clearwater Risk
Management, Appellees.
TEXT: BOOTH, Judge. This appeal arises from an order of the Judge of Compensation Claims
(hereinaf...IS THE EMPLOYER ENTITLED TO RECALCULATE THE OFFSET BASED ON THE YEARLY 5% INCREASE IN
SUPPLEMENTAL BENEFITS? ERVIN and VAN NORTWICK, JJ., concur.
182-CITE: 720 So.2d 540 In re ESTATE OF Marvin ROBINSON, Deceased. Shirley ROBINSON, Appellant, v.
Marilyn Z. ROBINSON, etc., et al., Appellees.
TEXT: BROWNELL, SCOTT M., Associate Judge. This case presents an issue of first impression in
Flor... interest of the settlor. We affirm as to all other issues raised based on law of the case or
as being without merit. KLEIN and GROSS, JJ., concur.
183-CITE: 578 So.2d 367 John J. BOYLE, Appellant, v. Louise SCHMITT, individually and as Ancillary
Personal Representative of the Estate of Blanche E. Boyle, deceased, and Louise Schmitt,
individually, Appellees.
TEXT: PER CURIAM. This is a consolidated appeal by the plaintiff John J. Boyle from final orders
w... The final orders of dismissal are therefore reversed and the cause is remanded to the trial
court for further proceedings. Reversed and remanded.
184-CITE: 502 So.2d 8 Janeta FITTERMAN, Appellant, v. Monas F. FITTERMAN a k a Wayne Fitterman,
Appellee.
TEXT: ON MOTION FOR REHEARING DOWNEY, Judge. Appellant s petition for rehearing is granted and
ou...and make sufficient findings of fact to support his conclusion regarding the appropriate award
of temporary alimony. DELL and GUNTHER, JJ., concur.
185-CITE: 483 So.2d 882 Desiree TOBACK, Appellant, v. Lawrence TOBACK, Appellee.
TEXT: FERGUSON, Judge. Appellant wife contends that the trial court frustrated her efforts to
show...anded for further proceedings. ------------ (FN1) See Estreicher & Kornreich, Imputing
Income: Proving the Unprovable, Fla.B.J., April, 1985, at 56.
186-CITE: 436 So.2d 75 Sylvia SCHOEN and David Schoen, Petitioners, v. Robert GILBERT and Highland
Insurance Company, Respondents.
TEXT: BOYD, Justice. We have for review a decision of the Third District Court of Appeal, Schoen
v...(Fla. 2d DCA 1980). I would adopt the dissent authored by Judge Daniel S. Pearson. The
decision of the district court of appeal should be quashed.
187-CITE: 481 So.2d 994 Elvis Nathaniel CLARK, Appellant, v. STATE of Florida, Appellee.
TEXT: UPCHURCH, Judge. Clark appeals from a departure sentence, raising two issues for our
conside... also invalid. Sentence reversed and cause remanded for resentencing in accordance with
the sentencing guidelines. DAUKSCH and SHARP, JJ., concur.
188-CITE: 715 So.2d 1155 Melvin K. SILVERMAN, Appellant, v. Bess Ann SILVERMAN, Appellee.
TEXT: PER CURIAM. We reverse the final judgment of dissolution awarding the former wife a
property...y have not yet been considered and bear on the former husband s ability to pay. See id.
at 382. STONE, C.J., and FARMER and STEVENSON, JJ., concur.
189-CITE: 492 So.2d 783 Marie Ruth LUSKIN, Appellant, v. Paul LUSKIN, Appellee.
TEXT: PER CURIAM. This is an appeal by the wife in a dissolution of marriage action of the trial
c...n of this matter in accordance with the principles set forth herein. REVERSED and REMANDED WITH
DIRECTIONS. DOWNEY, ANSTEAD and DELL, JJ., concur.
190-CITE: 727 So.2d 1044 Enrique SOTO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Enrique Soto appeals the judgment and sentence entered. following the
revocation...er of revocation and remand for the reinstatement of Soto s probation. Reversed and
remanded. BLUE, A.C.J., and FULMER and CASANUEVA, JJ., Concur.
191-CITE: 519 So.2d 743 RBC I, Inc., Appellant, v. AJAR I, Inc., Appellee.
TEXT: PER CURIAM. In this interlocutory appeal, the defendant RBC I, Inc. (RBC) challenges an
orde...re s functional place of business. Accordingly, the plaintiff correctly selected Dade County
as the proper forum in which to bring suit. Affirmed.
192-CITE: 442 So.2d 362 Walter H. BRYAN, Appellant, v. Sarah J. BRYAN, Appellee.
TEXT: WIGGINTON, Judge. Appellant husband, Walter Bryan, appeals a final judgment of dissolution
o...Fla. 1st DCA 1977). I would reverse the lump sum alimony and attorney s fee awards because the
trial court abused its discretion in both instances.
193-CITE: 559 So.2d 672 Peter MANG, Appellant, v. COUNTRY COMFORT INN, INC., Silvio De Piante, and Jorge
Perez, Appellees.
TEXT: JORGENSON, Judge. Peter Mang appeals an order dismissing two counts of a four-count amended
... be inherently false or mere pretense set up in bad faith without color of fact); Ader v. Temple
Ner Tamid, 339 So.2d 268 (Fla. 3d DCA 1976) (same).
194-CITE: 563 So.2d 193 John L. DeSMIDT and John Rulong, as Copersonal Representatives of the Estate of
Hermanes K. DeSmidt, Deceased, Appellants, v. Beulah DeSMIDT, Appellee.
TEXT: ALTENBERND, Judge. The trial court granted Beulah DeSmidt, the surviving spouse of Hermanes
...stration, i.e., her reasonable living expenses, established the reasonableness of this allowance.
Affirmed. DANAHY, A.C.J., and LEHAN, J., concur.
195-CITE: 543 So.2d 464 John P. HYNDS and Katherine Hynds, Appellants, v. Deborah D. THOMAS and Matthew
Thomas, Appellees.
TEXT: DANAHY, Judge. This is an appeal from a final summary judgment entered in favor of the
appel...la.1977). The movant here made no such conclusive showing. We, therefore, reverse and remand
for further proceedings. HALL and PARKER, JJ., concur.
196-CITE: 458 So.2d 439 BEACH PLACE JOINT VENTURE, Owner of Beach Place, a condominium, Appellant, v.
BEACH PLACE CONDOMINIUM ASSOCIATION, INC., a corporation not for profit, for itself, and for the
unit owners of Beach Place, a condominium, Appellee.
TEXT: PER CURIAM. Appellant, Beach Place Joint Venture, owner of Beach Place, a condominium,
seeks... we reverse the trial court and remand for any necessary proceedings consistent herewith.
HOBSON, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
197-CITE: 540 So.2d 190 David O. OCHS, Appellant, v. Sylvia C. OCHS, Appellee.
TEXT: WIGGINTON, Judge. Appellant husband appeals an order denying his petition for modification
o...den of showing a change of circumstances sufficient to warrant a modification on any ground
raised. AFFIRMED. WENTWORTH and THOMPSON, JJ., concur.
198-CITE: 488 So.2d 571 Betty R. WEST, Lorraine Thomason and Hilda Delaney, Appellants, v. Margaret
FRANCIONI, as personal Representative of the Estate of Daniel J. Francioni, deceased, Appellee.
TEXT: NESBITT, Judge. While the will of testator is to be construed as an entirety and all
provisi... (FN1) Since the stock has been sold, Margaret is entitled to that portion of the proceeds
of the sale which constitute 30% of the residuary estate.
199-CITE: 677 So.2d 405 Willie HUDGE, Appellant, v. XTRA SUPER FOOD CENTERS, INC., Appellee.
TEXT: SHEVIN, Judge. Willie Hudge appeals a final summary judgment in favor of Defendant, Xtra
Sup...k & Co., 351 So.2d 29 (Fla.1977); Holl v. Talcott, 191 So.2d 40 (Fla.1966). Accordingly, we
reverse the order under review. Reversed and remanded.
200-CITE: 702 So.2d 513 PROGRESSIVE INSURANCE COMPANY, Appellant, v. The ESTATE OF Elizabeth J. WESLEY;
The Estate of Taylor C. Wesley; and Stephen Wesley, as personal representative of The Estate of
Taylor C. Wesley, Appellees.
TEXT: QUINCE, Judge. Progressive Insurance Company (Progressive) appeals the summary judgment
ente...on that Taylor Wesley was not excluded from coverage under his mother s insurance policy with
Progressive. BLUE, A.C.J., and NORTHCUTT, J., concur.
201-CITE: 458 So.2d 73 Mildred M. FILKINS, Appellant, v. Harry A. FILKINS, Appellee.
TEXT: BOARDMAN, Acting Chief Judge. In this dissolution of marriage proceeding, appellant wife
con...ment of dissolution in all other respects. Reversed and remanded for further proceedings not
inconsistent herewith. GRIMES and SCHEB, JJ., concur.
202-CITE: 672 So.2d 597 Terry L. CROWLEY, Appellant, v. Kevin X. CROWLEY, Appellee.
TEXT: PER CURIAM. In this appeal from a final judgment of dissolution of marriage, the wife
assert...d should be ordered to provide life insurance to protect the child support award. REVERSED
and REMANDED. MINER, WEBSTER and LAWRENCE, JJ., concur.
203-CITE: 637 So.2d 76 Linda C. MALONE, Appellant, v. Francis J. MALONE, Appellee.
TEXT: GOSHORN, Judge. The former wife appeals the dismissal of her motion for the former husband
t...ietig v. Boggs, 578 So.2d 838 (Fla. 3d DCA 1991), approved, 602 So.2d 1250 (Fla.1992). REVERSED
and REMANDED. W. SHARP and DIAMANTIS, JJ., concur.
204-CITE: 477 So.2d 1068 Elizabeth C. CAMPBELL, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. The state charged defendant Elizabeth Campbell with possession
of...ette case containing the cocaine, marijuana, and syringe. We remand for proceedings consistent
with this opinion. SCHOONOVER and HALL, JJ., concur.
205-CITE: 548 So.2d 902 Lois E. ZYGMONT, Appellant, v. L. Alan SMITH and Lavone Smith, his wife,
Appellees.
TEXT: PER CURIAM. This is an appeal from a Summary judgment rendered against appellant in her
negl...appellant s fall. Accordingly, summary judgment is reversed and the cause remanded. REVERSED
and REMANDED. SMITH, THOMPSON and MINER, JJ., concur.
206-CITE: 738 So.2d 369 Jodie H. KOKORIS, Appellant, v. Clifford S. ZIPNICH, individually and on behalf
of Rachel A. Zipnick and Danielle L. Zipnick, minors, Appellee.
TEXT: CONNER, BURTON C., Associate Judge. Jodie Kokoris appeals the trial court s denial of her
mo...y for a week, and we affirm the trial court s denial of the motion to dissolve the domestic
violence injunction. WARNER and STEVENSON, JJ., concur.
207-CITE: 604 So.2d 535 AMERICAN RELIANCE INSURANCE COMPANY, Appellant, v. Virgil RIGGINS and Carolyn B.
Riggins, Appellees.
TEXT: PER CURIAM. This is an appeal by the defendant American Reliance Insurance Company from two
...eversal will necessarily require the trial court upon remand to vacate the order granting
attorney s fees for the plaintiff. Reversed and remanded.
208-CITE: 453 So.2d 939 Otto RUNKEL, Appellant, v. The SOUTHEAST PALM BEACH HOSPITAL DISTRICT, a Florida
corporation, d b a Bethesda Memorial Hospital, Appellee.
TEXT: DOWNEY, Judge. The Southeast Palm Beach Hospital District sued Otto Runkel to recover a
hosp...versed because of the issue of fact presented by Otto s third affirmative defense. DAUKSCH,
JAMES C., and PURDY, H. MARK, Associate Judges, concur.
209-CITE: 490 So.2d 958 Janice Ann CROSS, Appellant, v. Warren Austin CROSS, Appellee.
TEXT: JOANOS, Judge. The wife sought review in this court of a final judgment of dissolution of
ma...one is apparent on the record. Our judgment should not be substituted for that of the trial
court on a matter within the trial court s discretion.
210-CITE: 493 So.2d 530 Barbara Lynn COMMANDER, Appellant, v. Timothy Ray COMMANDER, Appellee.
TEXT: NIMMONS, Judge. Appellant, the former wife, appeals from an order denying her Motion To
Spec...ential harm, as opposed to actual harm, is all that is required to prohibit the situation.
Id. at 737. AFFIRMED. MILLS and WIGGINTON, JJ., concur.
211-CITE: 598 So.2d 257 Sara ZAYAS, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,
Appellee.
TEXT: KAHN, Judge. Appellant Sara Zayas is a 25-year-old totally disabled adult. She seeks review
... reverse the final order and direct HRS to treat Mrs. Zayas as a single person household for
eligibility purposes. BARFIELD and ALLEN, JJ., concur.
212-CITE: 708 So.2d 602 AMERICAN RED CROSS, United Way, Rutherford H. Spessard, Jr., The Salvation Army,
John D. Barker, James T. Barker, Sr., Frances V. Lawrence, James N. Barker, Jr., Pamela B. Gordon,
(the Barker Group ), and Mary Gallagher, Beneficiaries, Appellants, v. In re ESTATE OF John Anderson
HAYNSWORTH, Jr., Deceased, Appellee.
TEXT: LEVY, Judge. Three charitable organizations and several relatives who are the beneficiaries
...e. Any part of the will is void if so procured, but the remainder of the will not so procured
shall be valid if it is not invalid for other reasons.
213-CITE: 593 So.2d 607 Loretta DOWNING, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Loretta Downing, a 65-year-old woman living alone in her mobile home, was
bur...e by a county judge as a condition for avoiding the consequence of a violation of probation.
REVERSED and REMANDED. COBB and GRIFFIN, JJ., concur.
214-CITE: 559 So.2d 698 Earl Frederick WILSON, III, Appellant, v. Rebecca Thames WILSON, Appellee.
TEXT: ALLEN, Judge. Earl Frederick Wilson, III (husband) appeals a post-dissolution order entered
...cts, the order appealed from is affirmed. AFFIRMED in part, REVERSED in part, and REMANDED for
further proceedings. ERVIN and ZEHMER, JJ., concur.
215-CITE: 664 So.2d 1080 AMERICARE RETIREMENT FACILITIES, LTD. NO. 1 d b a Villa Biscaya; Verna P.
Reizen; Perry-Barnett Corporation; and G.J.L. Corporation, Appellants, v. Ann LINDEN, by her
attorney in fact, Larry LINDEN, Appellee.
TEXT: PER CURIAM. This is an appeal from a jury verdict and an award of damages in favor of Ann
Li...- (FN1) On the one comment by Linden s trial counsel which was objected to, the trial court
sustained the objection and gave a curative instruction.
216-CITE: 537 So.2d 1056 Daniel BARFIELD, Appellant, v. Galena SCHMON and Robert Curl, as personal
representatives of the Estate of Robert Schmon, Deceased, Appellees.
TEXT: HERSEY, Chief Judge. In this action brought under Florida s Wrongful Death Act, sections
768... duly authenticated documents as may serve a similar function in the issuing jurisdiction.
AFFIRMED AND REMANDED. WALDEN and GUNTHER, JJ., concur.
217-CITE: 497 So.2d 740 SHALOM MANOR, INC., d b a Shalom Manor Retirement Home and King David Retirement
Home, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: PER CURIAM. We are satisfied from the record that HRS Form 1806 incorporates all of the
elem...ng notice to the licensee s address *741 as well as to the administrator of the facility.
AFFIRMED. HERSEY, C.J., and DELL and STONE, JJ., concur.
218-CITE: 751 So.2d 764 Delora BERRY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant challenges a Baker Act order of involuntary placement for
treatmen... So.2d 756; Welk v. State, 542 So.2d 1343 (Fla. 1st DCA 1989). The appealed order is
therefore reversed. ALLEN, WOLF and VAN NORTWICK, JJ., CONCUR.
219-CITE: 749 So.2d 581 AUTO-OWNERS INS. CO., Appellant, v. William Clyde CHRISTOPHER and Tina Quinn,
etc., Appellees.
TEXT: W. SHARP, J. Auto-Owners Insurance Company (Auto-Owners) appeals from a final summary
judgme... concur. ------------ (FN1) Section 627.727(9)(d), Fla.Stat. See Mangual v. State Farm
Mutual Automobile Ins. Co., 719 So.2d 981 (Fla. 5th DCA 1998)
220-CITE: 482 So.2d 400 Richard FLANNERY, Appellant, v. Thomas GREEN, Appellee.
TEXT: PER CURIAM. Appellant, Richard Flannery, appeals from a judgment denying his claim for
homes...legal duty to support arising out of a family relationship, a family in law. Holden. I
would reverse the denial of appellant s homestead exemption.
221-CITE: 447 So.2d 1026 Donna Jean McCLAY, Appellant, v. Michael Arnold McCLAY, Appellee.
TEXT: DOWNEY, Judge. The wife seeks reversal of a final judgment of dissolution. This ten year
ma...use is remanded for further proceedings consistent with this opinion. REVERSED IN PART AND
REMANDED, with directions. LETTS and DELL, JJ., concur.
222-CITE: 561 So.2d 614 Ignatius GRIGUTIS, Appellant, v. Constance GRIGUTIS, Appellee.
TEXT: PER CURIAM. We affirm the trial court s award of child support. While the trial court erred
...nder the facts of this case in the ultimate amount awarded for the support of the three children.
HERSEY, C.J., and DOWNEY and WARNER, JJ., concur.
223-CITE: 510 So.2d 1204 Karen Jo BRADFORD and Jerry Bradford, her husband, Appellants, v. Howard
BERNSTEIN, Appellee.
TEXT: RYDER, Acting Chief Judge. Appellants (plaintiffs below) appeal the trial court s order
gran...r granting summary judgment and remand the case to proceed to trial. Reversed and remanded.
FRANK, J. and BOARDMAN, EDWARD F., (Ret.), J., concur.
224-CITE: 710 So.2d 638 STATE of Florida, Appellant, v. Linda McKEWEN, Appellee.
TEXT: PETERSON, Judge. The state of Florida appeals an order suppressing evidence of cocaine,
mari...). We vacate the order suppressing the contraband and remand for further proceedings. ORDER
VACATED; REMANDED. DAUKSCH and THOMPSON, JJ., concur.
225-CITE: 431 So.2d 647 Glen W. GILSON, II, as Personal Representative of the Estate of G. W. GILSON,
deceased, Appellant, v. John R. FOLTZ, P.A., a Florida professional corporation, John R. Foltz,
individually, and the Cincinnati Insurance Company, Appellees.
TEXT: OTT, Chief Judge. Appellant, Glen W. Gilson, II, as personal representative of his father s
...trued as precluding the adding of appropriate parties or issues on remand. REVERSED and REMANDED
for a new trial. BOARDMAN and LEHAN, JJ., Concur.
226-CITE: 468 So.2d 1098 Jerry Lee JACKSON, Appellant, v. Kenneth L. JACKSON, Sr., Appellee.
TEXT: GRIMES, Acting Chief Judge. This litigation involves the custody of the parties minor
childr... for modification but reverse that portion of the order which permits the husband to
maintain temporary custody. FRANK and SCHOONOVER, JJ., concur.
227-CITE: 552 So.2d 964 Robert LANGFORD, Appellant, v. Curtis McCORMICK, as Personal Representative of
the Estate of Anava L. McCormick, deceased, Appellee.
TEXT: PER CURIAM. Robert Langford appeals a final judgment denying his petition for revocation of
... probate of the March will and to admit the September will to probate. REVERSED AND REMANDED.
SHIVERS, C.J., and THOMPSON and ZEHMER, JJ., concur.
228-CITE: 546 So.2d 1071 Genaro Muniz VARA, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Judge. In this appeal from a departure sentence for a conviction of second degree
mu...y pronounced valid departure reasons upon resentencing. Pope v. State, 542 So.2d 423 (Fla. 5th
DCA 1989). SCHEB A.C.J., and ALTENBERND, J., concur.
229-CITE: 504 So.2d 1283 James Weldon DUGAN, Appellant, v. Rebecca Leah DUGAN, k n a, Rebecca Leah
Gorsage, Appellee.
TEXT: NIMMONS, Judge. Appellant appeals from an order denying his motion for change of custody.
Fi... conduct must, as in this case, at some point outweigh, as a matter of law, bare promises to do
better. REVERSED. ERVIN and BARFIELD, JJ., concur.
230-CITE: 567 So.2d 551 Donald AMES, Appellant, v. CONTINENTAL CASUALTY COMPANY, etc., Appellee.
TEXT: PER CURIAM. AFFIRMED. GOSHORN and PETERSON, JJ., concur. W. SHARP, J., dissents with
opini...Strahm v. Aetna Casualty and Surety Co., 285 So.2d 679 (Fla. 3d DCA 1973); Pan American
Bancshares, Inc. v. Trask, 278 So.2d 313 (Fla. 3d DCA 1973).
231-CITE: 573 So.2d 372 John Wayne SPANN, Appellant, v. Virginia Louise Spann BLAIR, Appellee.
TEXT: CAMPBELL, Judge. John Wayne Spann, husband and respondent in this appeal from an order
modif...mstances we also find that the trial court s award of attorney s fee to the wife should be
and is reversed. SCHOONOVER, C.J., and HALL, J., concur.
232-CITE: 440 So.2d 442 Lucille SMITH, Appellant, v. Inez WILSON, Appellee.
TEXT: MILLS, Judge. Smith appeals from a final judgment which awarded the proceeds of a life
insur...for Massachusetts Mutual, not with Evans. For the foregoing reasons, the judgment of the
trial court is affirmed. SHIVERS and ZEHMER, JJ., concur.
233-CITE: 575 So.2d 239 Ben S. CARLTON and Winston C. Carlton, Appellants, v. Barbara B. CARLTON and
Charles R. Baumann, Co-Personal Representatives of the Estate of T. Mabry Carlton, Jr., Deceased,
Appellees.
TEXT: CAMPBELL, Acting Chief Judge. In this appeal, appellants, Ben S. Carlton and Winston C.
Carl... now maintainable. We, therefore, reverse and remand for future proceedings below consistent
with this opinion. FRANK and THREADGILL, JJ., concur.
234-CITE: 434 So.2d 345 James W. HINES and Cynthia Hines, his wife, Appellants, v. Marjorie LeBAR, Arab
Termite and Pest Control of Florida, Inc., and Amick & Sons, Inc., Appellees.
TEXT: GRIMES, Judge. Appellants were concerned over termites. As a condition of the purchase of
th...e reverse the summary judgment with respect to all appellees and remand the case for further
proceedings. HOBSON, A.C.J., and CAMPBELL, J., concur.
235-CITE: 466 So.2d 242 AUTO-OWNERS INSURANCE COMPANY, Appellant, v. Donald L. BENNETT, as Personal
Representative of the Estate of Richard Gary Bennett, deceased, Appellee.
TEXT: LEHAN, Judge. An insurance company, defendant below, appeals from a summary final judgment
a...insured motorist coverage to the son under two policies. However, the dictates of Mullis
control. Affirmed. RYDER, C.J., and CAMPBELL, J., concur.
236-CITE: 493 So.2d 451 Daniel R. BUTLER, Petitioner, v. STATE of Florida, Respondent.
TEXT: ADKINS, Justice. We have for review Butler v. State, 476 So.2d 1334 (Fla. 1st DCA 1985),
whi...to further remand to the trial court for a new trial. It is so ordered. McDONALD, C.J., and
BOYD, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.
237-CITE: 566 So.2d 583 Robert H. SCHLESINGER, Appellant, v. Mary Jane EMMONS, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Robert H. Schlesinger, former husband, challenges the
postdissol...e not initially met. We, therefore, affirm the orders of the trial court from which
this appeal is taken. SCHEB, A.C.J., and PATTERSON, J., concur.
238-CITE: 636 So.2d 110 Roy J. SCHNEIDER, Jr., Appellant, v. Linda Onett SHINN and Michael Onett,
Appellees.
TEXT: PER CURIAM. Following our decision in Shinn v. Schneider, 549 So.2d 194 (Fla. 3d DCA 1989),
...gainst Roy J. Schneider, Jr. of $135,000 payable to the remaining residuary devisees under the
deceased s will. Affirmed in part; reversed in part.
239-CITE: 661 So.2d 879 John C. FOX, Appellant, v. Peter FITZPATRICK, Trustee of Douglas R. Allen
Revocable Living Trust Number One, and as Beneficiary and Personal Representative of the Estate of
Douglas R. Allen, Appellee.
TEXT: PER CURIAM. Appellant, John Fox, appeals an adverse summary judgment, claiming that a
court-...vidence, and because there are no material issues of fact, summary judgment is appropriate.
See Holl v. Talcott, 191 So.2d 40 (Fla.1966). Affirmed.
240-CITE: 442 So.2d 235 Donald Leroy BENTZONI, Appellant, v. Prudence Martin BENTZONI, Appellee.
TEXT: ORFINGER, Chief Judge. The former husband appeals from an order of the trial court denying
h...rom another source, that portion of the rehabilitative alimony award should be terminated.
REVERSED and REMANDED. DAUKSCH and COWART, JJ., concur.
241-CITE: 566 So.2d 527 V. Ardelle SOUTHFORD, Nora Lee Eberlein, Major John K. Hahn, Dennis Eberlein,
Richard Eberlein, Carol Lee Guguluizzo, Deborah Eberlein and John J. Southford, Individually, and as
Trustee of the John G. Hahn Revocable Living Trust, Appellants, v. Catherine A. HATTON, Appellee.
TEXT: RYDER, Judge. John J. Southford appeals the trial court s final order denying him costs and
...finds that there was a complete absence of a justiciable issue of either law or fact raised by
the complaint or defense of the losing party. . . .
242-CITE: 545 So.2d 460 Mary RUSSO, William T. Mayo and Ora Bell E. Meadows, Appellants, v. William
ROSS, as Personal Representative of the Estate of Edna Fine, et al., Appellees.
TEXT: PER CURIAM. This is an appeal from an order granting a defense motion for a summary
judgment...s case. The order under review is, therefore, reversed and the cause is remanded to the
trial court for further proceedings. Reversed and remanded.
243-CITE: 505 So.2d 556 Louis BRAGASSA, Appellant, v. Brenda BRAGASSA, Appellee.
TEXT: PER CURIAM. Brenda and Louis Bragassa were divorced in 1984. Under the parties settlement
ag...ent evidence and were not clearly erroneous. The trial court erred, therefore, in substituting
its own judgment for that of the master s. Reversed.
244-CITE: 591 So.2d 677 Madelyn MILLER, Appellant, v. Mary Margaret PAGODIN, Christopher Curia,
Greyhound Rent-A-Car, Inc., and Value Rent-A-Car, Inc., Appellees.
TEXT: POLEN, Judge. The appellant, Madelyn Miller, was injured in an automobile accident which
occ...to the appellant s pending nonfinal appeal of the order denying her motion for relief from the
judgment. GLICKSTEIN, C.J., and GARRETT, J., concur.
245-CITE: 478 So.2d 501 Martha Faye ELLIS, Appellant, v. Homer Junior ELLIS, Appellee.
TEXT: SHIVERS, Judge. In the order being appealed, the trial court modified its final judgment of
...her mother. The order modifying custody as to Kaye Ellis and Amanda Ellis is reversed as to Kaye
Ellis only. WENTWORTH and WIGGINTON, JJ., concur.
246-CITE: 455 So.2d 598 In the Interest of L.R.R. and M.A.R., Children. Pamela RUSSELL, Appellant, v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. Pamela Russell, the natural mother, appeals from an order
ter...owing the adjudication of dependency that the predisposition study was to be considered by the
court. AFFIRMED. COBB, C.J., and SHARP, J., concur.
247-CITE: 559 So.2d 753 Laverne HANLEY, Appellant, v. William C. HANLEY, Jr., Appellee.
TEXT: PER CURIAM. We reverse the judgment in this dissolution action. The trial court abused its
d...CA 1989). Upon remand the court may take additional testimony on both these issues, if
necessary. HERSEY, C.J., and DOWNEY and WARNER, JJ., concur.
248-CITE: 593 So.2d 602 Lamar Dale WAGLER, Appellant, v. Melissa G. WAGLER, Appellee.
TEXT: PER CURIAM. Lamar Wagler (father) challenges an order awarding custody of the parties minor
...hat the child s interests would be equally served by the father or the mother. WIGGINTON and
WOLF, JJ., concur. ALLEN, J., concurs in result only.
249-CITE: 737 So.2d 650 Bobby Joe COPE, Appellant, v. ELECTRO-PROTECTIVE CORP. and Liberty Mutual
Insurance Co., Appellees.
TEXT: PER CURIAM. The claimant appeals a workers compensation order which permits the employer
car...Remy, 704 So.2d 1100 (Fla. 1st DCA 1997). The appealed order is therefore reversed, and the
case is remanded. JOANOS, ALLEN and DAVIS, JJ., CONCUR.
250-CITE: 680 So.2d 1114 ALLSTATE INSURANCE COMPANY, Appellant Petitioner, v. AMERICAN SOUTHERN HOME
INSURANCE COMPANY, Appellee Respondent.
TEXT: VAN NORTWICK, Judge. Allstate Insurance Company (Allstate) petitions this court for a writ
o...ettle and insured was required to pay $1 million in settlement to avoid near certainty of larger
judgment that would exceed all available coverage).
251-CITE: 450 So.2d 895 AVALON MARION I.C.F. and Shelby Mutual Insurance Company, Appellants, v. James
H. STARK, Appellee.
TEXT: WIGGINTON, Judge. Appellants, employer carrier, appeal the deputy commissioner s order
award...rily limited his income. Therefore, the deputy commissioner s award of wage loss benefits
was not error. AFFIRMED. MILLS and SHIVERS, JJ., concur.
252-CITE: 431 So.2d 234 Jack YOUNG, Appellant, v. Kathryn YOUNG, Appellee.
TEXT: WENTWORTH, Judge. Jack Young appeals the final judgment dissolving his twenty-one year
marri...cordingly reversed and the cause remanded for further proceedings consistent herewith.
SHIVERS, J., concurs. JOANOS, J., dissents without opinion.
253-CITE: 622 So.2d 622 Sherry E. LONG, Appellant, v. Paul A. LONG, Appellee.
TEXT: THREADGILL, Judge. Sherry E. Long appeals an order which modifies a final judgment of
dissol...at the support payments of $500 per month are nonmodifiable property distributions.
Reversed and remanded. DANAHY, A.C.J., and PARKER, J., concur.
254-CITE: 631 So.2d 1125 ESTATE OF Henrietta M. SANGENITO, Deceased. Vincent F. CATANZARO, Appellant, v.
Theodore L. MEROLLA, Appellee.
TEXT: KLEIN, Judge. The appellant was unsuccessful in establishing a lost or destroyed will, but
a... DELL, C.J. and POLEN, J., concur. NOTE: KLEIN, J., did not participate in oral argument but
has reviewed the presentation made at that proceeding.
255-CITE: 668 So.2d 659 In re the GUARDIANSHIP OF Ruth SHERRY. Harold SHERRY, Appellant, v. Mitchell
KLEVANSKY, as Plenary Guardian, Appellee.
TEXT: STONE, Judge. We reverse a final order that permitted Appellee, a plenary guardian, to
chang...l. Therefore, the order is reversed. Upon remand, the guardian s petition shall be
dismissed. DELL, J., and KAHN, MARTIN, Associate Judge, concur.
256-CITE: 683 So.2d 656 Robert R. KRILICH, Appellant Cross-Appellee, v. Harold T. LANGE, JR., as Trustee
of the Harold T. Lange, Jr. Revocable Living Trust dated 4 15 85, Appellee Cross-Appellant.
TEXT: PER CURIAM. We reverse that portion of the final judgment which orders the removal of the
pe...gment. We affirm the appeal and cross appeal in all other respects. Affirmed in part; reversed
in part. GLICKSTEIN, DELL and SHAHOOD, JJ., concur.
257-CITE: 711 So.2d 582 James R. RAUCH, Appellant, v. Rebecca B. RAUCH, Appellee.
TEXT: PER CURIAM. Appellant, James Rauch (the Father ), timely appeals from an order that failed
t... s order and remand with instructions to enforce the Texas order awarding custody to the Father.
REVERSED. GUNTHER, FARMER and KLEIN, JJ., concur.
258-CITE: 541 So.2d 169 STUART SPORTFISHING, INC., Appellant, v. KEHOE, et al., Appellees.
TEXT: POLEN, Judge. Appellant, as new owner of marina property adjacent to appellees residential
p... A restaurant and raw bar do not fit into this intended use category. Accordingly, we affirm the
order under review. DOWNEY and LETTS, JJ., concur.
259-CITE: 678 So.2d 1371 Linda Gail BROOKS, Appellant, v. Roy BROOKS, Appellee.
TEXT: JOANOS, Judge. The sole issue raised in this appeal from a final judgment of dissolution of
...s to convert the award to permanent periodic alimony. In all other respects, the trial court s
rulings are affirmed. BOOTH and BENTON, JJ., concur.
260-CITE: 526 So.2d 984 David BUSSEY and Mary Bussey, Appellants, v. DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, Appellee.
TEXT: BOOTH, Judge. Appellants, David and Mary Bussey, seek review of a final order of appellee,
D...63 F.Supp. 897 (N.D. Ohio, W.D.1973) (money received under the work study program constituted a
grant within the meaning of the federal regulation).
261-CITE: 741 So.2d 565 Patricia A. CHENEY, Appellant cross-appellee, v. Randall V. CHENEY, Appellee
cross-appellant.
TEXT: STONE, J. We reverse, in part, the final judgment of dissolution of marriage because the
tri...ses, or the wife made contributions to support her live-in companion. As to all other issues
raised, we affirm. STEVENSON and SHAHOOD, JJ., concur.
262-CITE: 689 So.2d 1037 THE FLORIDA BAR, Complainant, v. Ronald J. YORK, Sr., etc., Respondent.
TEXT: REVISED OPINION PER CURIAM. We have for review the complaint of The Florida Bar (the Bar)
a...NG, WELLS and ANSTEAD, JJ., concur. ------------ (FN1) The referee amended his report to strike
the recommendation that costs be taxed against York.
263-CITE: 507 So.2d 777 Luis MILANES, Appellant, v. COLONIAL PENN INSURANCE COMPANY, as subrogee of
Thomas J. Kirkland, Appellee.
TEXT: PER CURIAM. The Florida Supreme Court has established a policy of providing relief from
def...de the default and final judgment was an abuse of discretion. Accordingly, the order is
Reversed and this case is remanded for further proceedings.
264-CITE: 477 So.2d 67 Richard A. POTTER, Appellant, v. June W. POTTER, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of a dissolution order by which appellee was
awarde...e order is accordingly reversed and the cause remanded for a reconsideration of alimony
based on the cited criteria. ERVIN and ZEHMER, JJ., concur.
265-CITE: 436 So.2d 441 In re ESTATE of Lila K. McGLONE, Deceased.
TEXT: DOWNEY, Judge. Lila McGlone left a Last Will and Testament dated March 20, 1970, which
conta...ons to reinstate the testamentary gifts to Glenn and Louise Ellstrom. REVE