Homeowner
Results 1-373
1-CITE: 752 So.2d 694 Tom ZERQUERA, Appellant, v. CENTENNIAL HOMEOWNERS ASSOCIATION, INC., Appellee.
TEXT: PER CURIAM. Tom Zerquera ( Homeowner ) appeals the trial court s Final Judgment of
Foreclosu...at, consequently, his homestead was subject to foreclosure if said fines were not paid.
Accordingly, the Final Judgment of Foreclosure is affirmed.
2-CITE: 662 So.2d 417 Roger DIAZ, Appellant, v. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA,
Appellee.
TEXT: PER CURIAM. Following Hurricane Andrew, the insurance carrier in this case admitted its
liab...udice in that regard. Having activated the jurisdiction of the court, the carrier had a right
to rely on the written orders of the court. Affirmed.
3-CITE: 659 So.2d 1191 Dheraj PERSAUD, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Dheraj Persaud appeals his convictions of armed burglary, grand theft, burglary
...v. State, 488 So.2d 595 (Fla. 1st DCA 1986). Affirmed. ------------ (FN1) The passenger was the
codefendant below. His appeal is not now before us.
4-CITE: 642 So.2d 786 SCOTTSDALE INSURANCE COMPANY, Appellant, v. DEER RUN PROPERTY OWNER S
ASSOCIATION, INC., a Florida not-for-profit corporation, Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. Appellee s motion for rehearing is denied. However,
for...ier notice. Therefore, the final judgment is reversed in part and remanded for further
proceedings. DELL, C.J., and HERSEY and STONE, JJ., concur.
5-CITE: 549 So.2d 1200 LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. Joshua MILLER, M.D., Appellee.
TEXT: PER CURIAM. Liberty Mutual Insurance Company (Liberty Mutual) appeals a final declaratory
ju...ation and this court concluded that Aetna s policy did not afford such coverage. Aetna Cas. and
Sur. Co. v. Miller, 550 So.2d 29 (Fla. 3d DCA 1989).
6-CITE: 596 So.2d 696 Marlene A. SMITH, Barry T. Werblow and Bari L. Werblow, his wife, and Alan G.
Ehrlich, Appellants, v. Gwen ADLER, Bonnie Lurer, Mary Hughart, Brad Orvieto, Jeffrey S. Siniawsky,
and Jacaranda Lakes Homeowner s Association, Inc., Appellees.
TEXT: ON MOTION FOR CLARIFICATION PER CURIAM. We withdraw our previously issued opinion and
subst... remand for further proceedings on the award of costs and attorney s fees against the
individual defendants. DOWNEY, LETTS and WARNER, JJ., concur.
7-CITE: 685 So.2d 27 Steve PHILLIPS, Appellant, v. GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA,
Appellee.
TEXT: LEVY, Judge. The plaintiff below appeals a trial court order which denied his motion to
comp...enying the motion to compel and dismissing the action for declaratory judgment and remand for
an order compelling appraisal. Reversed and remanded.
8-CITE: 442 So.2d 379 INTERNATIONAL INSURANCE COMPANY, Appellant, v. Jeff MASON and South Carolina
Insurance Company, Appellees.
TEXT: LEHAN, Judge. The trial court granted summary judgment to plaintiff-appellee, Jeff Mason,
ag...uld apply and would relieve appellant from liability. REVERSED AND REMANDED FOR PROCEEDINGS
CONSISTENT HEREWITH. OTT, C.J., and SCHEB, J., concur.
9-CITE: 541 So.2d 1370 Roland L. BLOSSER and Mary R. Blosser, Appellants, v. SENTRY INDEMNITY COMPANY,
Appellee.
TEXT: PER CURIAM. We reverse a summary judgment entered in favor of an insurance company in an
act...m the third party. Therefore, the final summary judgment is reversed. We remand for further
proceedings. GLICKSTEIN, STONE and POLEN, JJ., concur.
10-CITE: 475 So.2d 1012 Shirley ORTIZ, a minor, By and Through her natural guardian and next friend
Miriam ATEHOURTA and Miriam Atehourta derivatively as mother and natural guardian, Appellants, v.
BANKERS STANDARD INSURANCE COMPANY, Appellee.
TEXT: WILLIAM A. NORRIS, Jr., Associate Judge. Appellants brought an action for declaratory
judgme...41, Fla.Stat. (1981). (Sections 627.730--627.7405 are currently known as the Florida Motor
Vehicle No-Fault Law. Section 627.730, Fla.Stat. [1983].)
11-CITE: 455 So.2d 1120 ATLAS POOLS OF THE PALM BEACHES, INC., a Florida corporation, Appellant, v.
P.V. CONSTRUCTION CORP., a Florida corporation, Appellee.
TEXT: LETTS, Judge. We do not believe a protracted recitation of the facts of this case will
contr...ate to the damages sustained. This cause is reversed and remanded for further proceedings.
REVERSED AND REMANDED. HERSEY and WALDEN, JJ., concur.
12-CITE: 756 So.2d 120 Joan O. KELLER, Appellant, v. NEWMAN SONS, INC, Appellee.
TEXT: COPE, J. This is an appeal by a homeowner in a construction lien case. We affirm in part
and... completion contract, which was approximately $3,500. Affirmed in part, reversed in part, and
remanded for further proceedings consistent herewith.
13-CITE: 487 So.2d 1157 SATELLITE DEVELOPMENT CORPORATION, etc., et al., Appellants, v. TORTOISE ISLAND
HOMEOWNER S ASSOCIATION, INC., etc., Appellee.
TEXT: COBB, Chief Judge. The issue here is whether the trial court erred by granting a temporary
i... DCA 1959), cert. denied, 122 So.2d 406 (Fla.1960). Accordingly, we reverse the temporary
injunction. REVERSED. ORFINGER and COWART, JJ., concur.
14-CITE: 508 So.2d 411 Eloise LOCKHART, Appellant, v. Ronald WORSHAM, d b a Worsham Construction
Company, Appellee.
TEXT: BOOTH, Chief Judge. This cause is before us on appeal from a final judgment entered in a
sui...erse the judgment below and remand to the trial court for redetermination of damages in light
of this opinion. WENTWORTH and THOMPSON, JJ., concur.
15-CITE: 733 So.2d 534 Richmond CAPELL, Appellant, v. Hubert and Zoe GAMBLE, Appellees.
TEXT: WOLF, Judge. Appellant, Richard Capell, challenges a final judgment in favor of appellees,
H...always obtains the same policy when requested to do so by clients, such a policy may have been
admissible to show the extent of recoverable damages.
16-CITE: 472 So.2d 823 Cleosta LANE and Jerlene Lane, Appellants, v. ALLSTATE INSURANCE COMPANY,
Appellee.
TEXT: DOWNEY, Judge. This appeal arises from a final summary judgment finding that a moped was a
m...e use of a moped was excluded from coverage under the homeowner s policy, is reversed. HURLEY,
J., concurs. LETTS, J., dissenting without opinion.
17-CITE: 527 So.2d 960 The VILLAGE AT LAKE BOCA RIO, INC., Appellant, v. Joseph MILICI, Appellee.
TEXT: PER CURIAM. AFFIRMED. See Mayer v. First National Company of Sarasota, 99 Fla. 173, 125 So.
...ell known to the parties and was described with sufficient particularity in the contract
documents to allow it to be identified and located by them.
18-CITE: 677 So.2d 1336 Angela RUIZ and Raul Ruiz, Appellants, v. FORTUNE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. The plaintiffs, Angela and Raul Ruiz, appeal from an adverse summary judgment.
W...ulted in the losses of which they now complain. *1339 For these reasons we find that summary
judgment was properly entered in this case. Affirmed.
19-CITE: 554 So.2d 556 Jack GRISS, Appellant, v. AETNA CASUALTY & SURETY COMPANY, Appellee.
TEXT: PER CURIAM. The dispositive question is whether the use of deadly force in self-defense
cons...uestion. Reversed and remanded. ------------ (FN1) Marshall conflicts with Clemmons v.
American States Ins. Co., 412 So.2d 906 (Fla. 5th DCA 1982).
20-CITE: 712 So.2d 806 Abdala ALHUSSAIN, Appellant, v. Matthew SYLVIA, Michael Sylvia, William J.
Sylvia, Silco Investments, L.C., d b a Sunrise Watersports Rentals, Gerald E. Holmes, AMC Marine
Construction of Florida, Seven Seven International, Inc., d b a USA Groceries, Inc., Ekus & Chess,
Inc., d b a Mombasa Bay Lounge, Boston Whaler, Inc. and Teleflex, Inc., Appellees.
TEXT: PER CURIAM. Appellant, Abdala Alhussain, appeals an order that in effect denied his motion
t...ying appellant s motion to quash and remand for the case to proceed accordingly. REVERSED and
REMANDED. GUNTHER, POLEN and STEVENSON, JJ., concur.
21-CITE: 666 So.2d 276 IMPERIAL TERRACE EAST HOMEOWNER S ASSOC., INC., Appellant, v. Loren K. GRIMES
and Joann P. Grimes, Appellees.
TEXT: ON MOTION TO REVIEW ATTORNEY S FEES ASSESSMENT PER CURIAM. This matter (FN1) is before us
a...ERSON, C.J., and HARRIS and THOMPSON, JJ., concur. ------------ (FN1) We have jurisdiction
pursuant to Florida Rule of Appellate Procedure 9.400(c).
22-CITE: 588 So.2d 1075 CHICAGO TITLE INSURANCE COMPANY, Appellant, v. CV REIT, INC., f k a Cenvill
Investors, Inc., Appellee.
TEXT: WARNER, Judge. In this case the trial court granted partial summary judgment on a third
part...thin the coverage of the title insurance policy, it was error to enter partial summary
judgment. Pioneer National. ANSTEAD and FARMER, JJ., concur.
23-CITE: 446 So.2d 245 TREE CONSTRUCTION CORPORATION, a Florida corporation, Appellant, v. Charles W.
CAPLINGER and Charlece Caplinger, his wife, Appellees.
TEXT: PER CURIAM. This is an appeal from a final judgment entered on a counterclaim in a
construct... reversed to be reassessed on remand. AFFIRMED AS TO LIABILITY AND REVERSED FOR A
FURTHER TRIAL ON DAMAGES. BERANEK, DELL and WALDEN, JJ., concur.
24-CITE: 610 So.2d 702 NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant, v. Richard NOCK, et al.,
Appellees.
TEXT: PER CURIAM. In this appeal, appellant Nationwide Mutual Fire Insurance Company contests
summ... favor of appellees and remand for further proceedings consistent with this opinion.
REVERSED and REMANDED. SHIVERS, MINER and ALLEN, JJ., concur.
25-CITE: 655 So.2d 144 Ken LATERA and Marie Latera, Appellant, v. The ISLE AT MISSION BAY HOMEOWNERS
ASSOCIATION, INC., a Not-For-Profit Corporation, Appellee.
TEXT: KLEIN, Judge. This is an appeal from a final summary judgment, which ordered appellants to
r...e First Amendment argument. We have considered the remaining issues and find them to be without
merit. Affirmed. WARNER and SHAHOOD, JJ., concur.
26-CITE: 661 So.2d 1239 EDD HELMS ELECTRICAL CONTRACTING, INC., Appellant, Orlando VALENTINI and
Benedicta Valentini, Appellees.
TEXT: PER CURIAM. Affirmed. Mestre Rental Co. v. Resources Recovery, Inc., 568 So.2d 1344 (Fla.
3d...3d DCA 1976); Board of Public Instruction of Dade County v. Fred Howland, Inc., 243 So.2d 221
(Fla. 3d DCA 1970), cert. denied 248 So.2d 167 (1971).
27-CITE: 710 So.2d 1382 SUN TERRACE AT the OAKS HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit
corporation, Appellant, v. DIVOSTA AND COMPANY, INC., a Florida corporation and R & J Roofing of
Florida, Inc., a Florida corporation, Appellees.
TEXT: PER CURIAM. AFFIRMED. See Stamford at Village of Palm Beach Lakes Homeowner s Ass n v.
*1383...meowner s Ass n v. *1383 Shell Constr. Co., 4 Fla.L.Weekly Supp. 361 (15th Cir. Oct. 23,
1996). STONE, C.J., and FARMER and STEVENSON, JJ., concur.
28-CITE: 511 So.2d 604 STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. Ines DE LONDONO, Appellee.
TEXT: FERGUSON, Judge. A claim for personal property loss was brought under a homeowner s policy
c...ial court erred in permitting the jury to pass on this question since State *606 Farm was
entitled to judgment as a matter of law. I would reverse.
29-CITE: 707 So.2d 1181 Yolanda SANTOS, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Appellee.
TEXT: WHATLEY, Judge. Yolanda Santos appeals a final order granting summary judgment for State
Far...ter of law. Because I conclude that the ambiguous policy language and the disputed facts bar
summary judgment under the umbrella policy, I dissent.
30-CITE: 604 So.2d 897 Edna R. MENNA, Appellant, v. SUN COUNTRY HOMEOWNERS ASSOCIATION, INC., a Florida
corporation, Appellee.
TEXT: PER CURIAM. Edna R. Menna, the appellant (owner), who owns and operates Sun Country Mobile
H...e affirm the trial court s order granting summary judgment for the association. Affirmed.
SCHOONOVER, A.C.J., and PATTERSON and BLUE, JJ., concur.
31-CITE: 475 So.2d 999 TORTOISE ISLAND HOMEOWNER S ASSOCIATION INC., etc., Appellant Cross-Appellee, v.
TORTOISE ISLAND GROUP LTD., etc., et al., Appellee Cross-Appellant.
TEXT: KIRKWOOD, L.R., Associate Judge. Tortoise Island Homeowner s Association, Inc.
(Association)...Fla. 4th DCA 1973); City of Miami Beach v. Klinger, 179 So.2d 864 (Fla. 3d DCA
1965). REVERSED and REMANDED. COBB, C.J., and ORFINGER, J., concur.
32-CITE: 695 So.2d 1324 A.M. HOCHSTADT, Appellant, v. The SANCTUARY HOMEOWNER S ASSOCIATION, INC.,
Appellee.
TEXT: PER CURIAM. We affirm except for the issue involving whether the foreclosure judgment
exting... include real estate taxes which the Sanctuary failed to pay after it had taken title to
the property. GLICKSTEIN, KLEIN and PARIENTE, JJ., concur.
33-CITE: 698 So.2d 1236 Kevin E. BRYAN and Renee M. Bryan, Appellants, v. Kenneth M. CLAYTON, et al.,
Appellees.
TEXT: PER CURIAM. In this appeal we are asked to decide whether maintenance assessments owed to
th...r personal, family or household purposes. Appellants motion to stay or recall mandate is
denied. GRIFFIN, C.J., and COBB and W. SHARP, JJ., concur.
34-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.
35-CITE: 687 So.2d 296 WESTWOOD COMMUNITY TWO ASSOCIATION, INC., etc., Appellant, v. John L. LEWIS and
Peter C. Martin, Appellees.
TEXT: PER CURIAM. Appellant, a homeowner s association, appeals from an adverse summary judgment
i...o did not address the validity or enforceability of a by-law enacted prior to the date after
which the declaration of restrictions could be amended.
36-CITE: 613 So.2d 526 Emilio ALMAYOR and Telvia Almayor, Appellants, v. STATE FARM FIRE & CASUALTY
COMPANY, Appellee.
TEXT: SCHWARTZ, Chief Judge. At the owner s request, Almayor came to her home to check out and
per...rship, maintenance, use, loading or unloading of: * * * * * * (2). a motor vehicle
owned or operated by or rented or loaned to any insured.
37-CITE: 622 So.2d 551 Larry MONAHAN and Jane Monahan, his wife, Appellants, v. HOMEOWNER S OF LA CITA,
INC., Appellee.
TEXT: HARRIS, Chief Judge. Because of its limited holding, we affirm the summary judgment entered
...t constitutes storing. That issue is not properly before us at the this time. AFFIRMED.
DIAMANTIS, J., and STROKER, R.J., Associate Judge, concur.
38-CITE: 665 So.2d 1150 Laura RODRIGUEZ, Mitchell Robboy, Brickell Place Condominium Association, Inc.,
Phase One and Brickell Place Condominium Association, Inc., Phase Two, Appellants, v. CITY OF MIAMI,
United Teachers of Dade and Stanley Axlrod U.T.D. Towers, Inc., Appellees.
TEXT: PER CURIAM. Affirmed. See Parker v. Leon County, 627 So.2d 476, 479 (Fla.1993); Citizens
Gro...d 476, 479 (Fla.1993); Citizens Growth Management Coalition of W. Palm Beach, *1151 Inc. v.
City of West Palm Beach, Inc., 450 So.2d 204 (Fla.1984).
39-CITE: 502 So.2d 47 Nathan H. GARVIN and Eva Garvin, Appellants Cross-Appellees, v. Virginia SQUIERS,
Appellee Cross-Appellant.
TEXT: FRANK, Judge. The parties to this action own adjoining lots in a residential subdivision in
...remanded to the trial court for the determination of a reasonable award of fees and costs to the
Garvins. SCHOONOVER, A.C.J., and HALL, J., concur.
40-CITE: 675 So.2d 673 INSIGNIA HOMES, INC., Appellant, v. Robert HINDEN and Julie Hinden, his wife and
East Side Savings and Loan Association, Appellees.
TEXT: PER CURIAM. We reverse in part the trial court s order denying arbitration in a dispute
betw... Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla.1987). Reversed in part; affirmed in
part. GUNTHER, C.J., and WARNER and POLEN, JJ., concur.,
41-CITE: 714 So.2d 1209 Wayne F. CORDOVA and Patricia A. Cordova, Appellants, v. The ENCLAVE AT SILVER
LAKES ASSOCIATES, LTD., a corporation and Brookman-Fels Zukerman, a Joint Venture, Appellees.
TEXT: PER CURIAM. We affirm the summary judgment in favor of the appellees, who constructed a
home...tween the appellants and the appellees. Affirmed in part and reversed in part. KLEIN and
TAYLOR, JJ., and LABARGA, JORGE, Associate Judge, concur.
42-CITE: 550 So.2d 1169 Ronald R. ROMANO, Appellant, v. MICHIGAN MILLERS MUTUAL INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. AFFIRMED. In this dispute over coverage under a homeowner s insurance policy,
th...arm Casualty Co. v. Friend, 478 So.2d 1198 (Fla. 4th DCA 1985), rev. denied, 488 So.2d 831
(Fla.1986). ANSTEAD, GLICKSTEIN and WARNER, JJ., concur.
43-CITE: 596 So.2d 84 HOLIDAY PINES PROPERTY OWNERS ASSOCIATION, INC., a Florida corporation not for
profit, Appellant, v. Ralph WETHERINGTON and Gloria Wetherington, his wife; Mortimer Hanly and Jane
Hanly, his wife; Alex Rowen and Theresa Rowen, his wife; Gus Gerakaris and Mary Gerakaris, his wife,
individually, and on behalf of a class of all others similarly situated, Appellees.
TEXT: PER CURIAM. This is an appeal from a final judgment for declaratory relief which determined
...nforceable, but we affirm that part of the trial court s judgment declaring the 1987 amendments
unenforceable. DELL, STONE and WARNER, JJ., concur.
44-CITE: 456 So.2d 1235 Scott LAWSON and Connie Lawson as mother of Scott Lawson, a minor, Appellants,
v. ALLSTATE INSURANCE COMPANY, a foreign insurer, Clarence Neville, Jim Hazelrig, Northcut & Sons
Nursery & Landscape Co., and Florida Farm Bureau Casualty Insurance Co., a Florida insurer,
Appellees.
TEXT: FERGUSON, Judge. At issue is whether a vehicle was in dead storage at the time it caused
inj...186 (Sup.Ct.1960). It is unnecessary to decide whether there was a live or dead storage
because we find no storage in the first instance. Affirmed.
45-CITE: 631 So.2d 382 Nancy J. COLETTI, Appellant, v. AULTMAN CONSTRUCTION CO., INC., Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiff Nancy J. Coletti from an order granting the
d...ejudice to the plaintiff seeking review of an adverse final judgment when, and if, it is entered
in this case by the trial court. Appeal dismissed.
46-CITE: 585 So.2d 370 MAPLEWOOD PHASE ONE HOMEOWNER S ASSOCIATION, INC., Petitioner, v. James R. CECIL
and Stephanie E. Cecil, Respondents.
TEXT: FARMER, Judge. James and Stephanie Cecil appeal an order which simply decreed that the
amou...t prejudice to present a new motion and offer evidence on the subject. CERTIORARI DENIED.
POLEN, J., concurs. DOWNEY, J., concurs in result only.
47-CITE: 458 So.2d 71 David HESS and Donna Hess, Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY,
Appellees.
TEXT: HENDRY, Judge. This appeal questions the correctness of a summary judgment rendered in
favor... rentals occurring now and then, such as vacation rentals. Accordingly, the entry of final
summary judgment for the appellee is affirmed. Affirmed.
48-CITE: 435 So.2d 414 AMERICAN INDEMNITY COMPANY, Appellant, v. Mike McQUAIG, et al., Appellees.
TEXT: FRANK D. UPCHURCH, Jr., Judge. American Indemnity Company appeals from a final summary
judgm...ig, there would be little argument that this was more than one occurrence. The only
difference is that here, the time interval was relatively short.
49-CITE: 712 So.2d 451 Rocky Lee MILLER, Appellant, v. STATE of Florida, Appellee.
TEXT: DOYEL, ROBERT L., Associate Judge. The appellant, Rocky Lee Miller, challenges his
convictio...tion as it is to use every legitimate means to bring about a just one. Berger v. United
States, 295 U.S. 78, 88, 55 S.Ct. 629, 79 L.Ed. 1314 (1935).
50-CITE: 649 So.2d 301 IMPERIAL TERRACE EAST HOMEOWNER S ASSOCIATION, etc., Appellants, v. Loren K.
GRIMES and Joann P. Grimes, etc., Appellees.
TEXT: ON MOTION FOR REHEARING PER CURIAM. We withdraw our previous opinion and substitute the
fol...e remand for an award of fees and costs to the prevailing party. AFFIRMED IN PART; REMANDED.
HARRIS, C.J., and PETERSON and THOMPSON, JJ., concur.
51-CITE: 546 So.2d 749 Ivonne PRATT and William Pratt, Appellants, v. BAHAMASAIR HOLDING, LTD.,
Appellee.
TEXT: SCHWARTZ, Chief Judge. Mrs. Pratt tripped and fell on a piece of slanted metal which
bridged...o the commercial situation involved here. Ainsworth, 467 So.2d at 386; Liberty Mut. Ins.
Co. v. Kimmel, 465 So.2d 606 (Fla. 3d DCA 1985). Reversed.
52-CITE: 632 So.2d 1054 PREMIER INSURANCE COMPANY, Appellant, v. Charles E. ADAMS, Randy Charles Adams,
Carolyn Adams, Evan Rhind, Patricia Rhind, J. Barrie Rhind and Phoenix Insurance Company, Appellees.
TEXT: GOSHORN, Judge. The parents of a minor brought suit against Randy and Carolyn Adams and
thei...visions in the policy are given meaning and one provision is not rendered meaningless by the
other. AFFIRMED. DIAMANTIS and THOMPSON, JJ., concur.
53-CITE: 730 So.2d 380 LOCH NESS HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation,
Appellant, v. Carlos PELAEZ and Yoana Pelaez, Appellees.
TEXT: NESBITT, J. Claiming numerous violations of an injunction, a homeowners association appeals
... Mrs. Pelaez was not in violation of the injunction at issue, and the finding that she was a
prevailing party, the balance of the order is affirmed.
54-CITE: 650 So.2d 624 SEITLIN & COMPANY, Appellant, v. The PHOENIX INSURANCE COMPANY, Howard Silber,
and Brad Schandler, Appellees. The PHOENIX INSURANCE COMPANY, Appellant Cross-appellee, v. Howard
SILBER, Appellee, and Brad Schandler, Appellee Cross-appellant.
TEXT: COPE, Judge. These are consolidated appeals from a declaratory judgment determining the
exis...ation from Seitlin, it may have been able to avail itself of an intentional acts exclusion in
the insurance policy. That issue was not raised below.
55-CITE: 636 So.2d 576 HILLMAN CONSTRUCTION CORPORATION, Appellant, v. Dr. William W. WAINER; Sun Bank,
South Florida, N.A., as Co-Trustees of The William W. Wainer Living Revocable Trust, Manny Corti,
and Robert Kephart, Appellees.
TEXT: FARMER, Judge. We reverse a dismissal for failure to state a cause of action. Our reading
of...tated a cause of action for unjust enrichment so as to make a dismissal on pleading grounds
error. REVERSED. GLICKSTEIN and PARIENTE, JJ., concur.
56-CITE: 568 So.2d 1344 MESTRE RENTAL CO., a Florida corporation, Appellant, v. RESOURCES RECOVERY
(DADE COUNTY), INC., a Delaware corporation, Appellee Cross-Appellant, v. MONTENAY POWER
CORPORATION, Cross-Appellee.
TEXT: PER CURIAM. Where appellants failed to provide the trial court with a complete record of
the...86 (Fla. 3d DCA 1986), rev. denied, 503 So.2d 328 (Fla.1987); Zerwal v. State Farm Mut. Auto.
Ins. Co., 332 So.2d 645 (Fla. 3d DCA 1976). Affirmed.
57-CITE: 568 So.2d 903 AETNA CASUALTY AND SURETY COMPANY, Petitioner, v. Jack GRISS, Respondent.
TEXT: PER CURIAM. We review Griss v. Aetna Casualty & Surety Co., 554 So.2d 556 (Fla. 3d DCA
1989)...sh the decision of the district court below. It is so ordered. SHAW, C.J., and OVERTON,
McDONALD, EHRLICH, BARKETT, GRIMES and KOGAN, JJ., concur.
58-CITE: 748 So.2d 343 Luis AGUIAR, et al., Appellants, v. UNITED STATES FIDELITY & GUARANTY COMPANY,
Appellee.
TEXT: PER CURIAM. The summary judgment below, denying the application for the appraisal of
damages...ost unlikely, the insurance company raises an objection to appraisal even after the
now-mandated-by-Romay satisfaction of the policy pre-conditions.
59-CITE: 626 So.2d 1102 CITY OF ORLANDO and Alexis, Appellants, v. Beresford BROWN, Appellee.
TEXT: PER CURIAM. Appellants City of Orlando and Alexis appeal the order of the Judge of
Compensat.... We reverse and remand to the JCC for entry of an order consistent with this opinion.
REVERSED and REMANDED. BOOTH, MINER and WOLF, JJ., concur.
60-CITE: 450 So.2d 1260 William HANSON and Isabelle Hanson, Appellants, v. GENERAL ACCIDENT FIRE & LIFE
INSURANCE CORPORATION, LTD., etc., et al., Appellees.
TEXT: ANSTEAD, Chief Judge. This is an appeal from a final summary judgment holding that
appellant...ly. Because we have concluded that the exclusion would not apply even if the premises
were controlled by the insured we need not decide this issue.
61-CITE: 642 So.2d 1201 Gerard HECK and Betty Ann Heck, Appellants, v. PARKVIEW PLACE HOMEOWNERS
ASSOCIATION, INC., Appellee.
TEXT: MELANIE G. MAY, Associate Judge. As Shakespeare once said: What s in a name? That which we
c...ng or Shutter as defined by the Declaration. For the foregoing reasons, the judgment of the
trial court is reversed. POLEN and FARMER, JJ., concur.
62-CITE: 548 So.2d 725 Roberta PARRISH and George Parrish, her husband, Appellants, v. Walter MATTHEWS
and Delores Matthews, Appellees.
TEXT: PER CURIAM. Appellants, who were plaintiffs below, appeal an adverse summary judgment.
Plain...o cross); Beebe v. Kaplan, 177 So.2d 869 (Fla. 3d DCA 1965) (employer homeowner told
employee to hurry across poorly lit patio at night). Affirmed.
63-CITE: 724 So.2d 684 PELICAN BAY HOMEOWNERS ASSOCIATION, INC., Appellant, v. Robert SEDITA & Patricia
Sedita, His Wife, Appellees.
TEXT: HARRIS, J. Pelican Bay filed an action against the Seditas to enjoin them from parking
their...ay of nearly four months in this case was also. For all of these reasons I would affirm the
trial court s denial of attorney s fees to Pelican Bay.
64-CITE: 671 So.2d 801 Michael TENCH, et al., Appellants, v. AMERICAN RELIANCE INSURANCE COMPANY,
Appellee.
TEXT: NESBITT, Judge. Michael and Mildred Tench brought an action to recover under a property
insu...as to enforcement until such time as the plaintiffs ultimately prevail. In all other *803
respects, the previous opinion of this court is readopted.
65-CITE: 569 So.2d 880 SOUTHEAST CAPITAL DEVELOPMENT CORPORATION, Appellant, v. CAYA COSTA COMMUNITY
ASSOCIATION, INC., Appellee.
TEXT: ALTENBERND, Judge. Southeast Capital Development Corporation appeals a final judgment in an
...dequately alleged in the complaint for declaratory action. Affirmed in part, reversed in part,
and remanded. SCHEB, A.C.J., and FRANK, J., concur.
66-CITE: 662 So.2d 1012 STATE FARM FIRE AND CASUALTY COMPANY, Petitioner, v. Amanda VALIDO, Respondent.
TEXT: PER CURIAM. The respondent sued State Farm on a homeowner s policy for damages allegedly
cau...rn Bell Tel. & Tel. Co., 544 So.2d 1133 (Fla. 4th DCA 1989); Dade County School Bd. v. Soler,
534 So.2d 884 (Fla. 3d DCA 1988). Certiorari granted.
67-CITE: 753 So.2d 799 Zaedy POZO, Appellant, v. FLORIDA RESIDENTIAL PROPERTY AND CASUALTY JOINT
UNDERWRITING ASSOCIATION, Appellee.
TEXT: SHEVIN, Judge. We affirm the order dismissing the complaint. The trial court correctly
ruled...uous language excludes coverage for plaintiff s claim and that the severability clause does
not provide an avenue of relief to plaintiff. Affirmed.
68-CITE: 453 So.2d 183 Robert MASTERS, Appellant, v. The STATE of Florida, Appellee.
TEXT: SCHWARTZ, Chief Judge. While the defendant s marijuana patch was located but forty feet
from...3d DCA), cert. denied, 361 So.2d 835 (Fla.1978). The trial court, in my view, erred in
denying the defendant s motion to suppress. I would reverse.
69-CITE: 524 So.2d 1155 Gina MARCHESE, individually, and as guardian of the minor plaintiff, Likrish
Marchese, Appellant, v. LITITZ MUTUAL INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. The final declaratory decree under review is affirmed upon a holding that the
ac...ames v. Gulf Life Ins. Co., 66 So.2d 62 (Fla.1953); Fernandez v. United States Fidelity &
Guarantee Co., 308 So.2d 49 (Fla. 3d DCA 1975). Affirmed.
70-CITE: 721 So.2d 1202 The STATE of Florida, Appellant, v. Carl Anthony CLARK, Appellee.
TEXT: COPE, J. The state appeals an order granting suppression of evidence. We reverse. At 2:30
a...2d 377 (1984)). The order under review is reversed and the cause is remanded with directions to
deny the motion to suppress. Reversed and remanded.
71-CITE: 603 So.2d 146 Riesa HAAS and Arthur Haas, her husband, Appellants, v. WOODEN SHOE GARDENS,
INC., et al., Appellees.
TEXT: PER CURIAM. We reverse the trial court s summary judgment that the defect in defendant s
goo...f time the nails holding the boards might easily come out. We remand for a trial on the
issues. REVERSED. HERSEY, GUNTHER and FARMER, JJ., concur.
72-CITE: 613 So.2d 531 ESPLANADE PATIO HOMES HOMEOWNERS ASSOCIATION, INC., Appellant, v. Cecil D.
ROLLE, et al., Appellees.
TEXT: SCHWARTZ, Chief Judge. On this appeal by the homeowner s association, we reverse a judgment
...rsed and the cause remanded with directions to enter a judgment enforcing the restriction in
question against the appellees. Reversed and remanded.
73-CITE: 739 So.2d 1255 Peter K. GROSSEIBL, Appellant, v. J. CHRIS HOWARD BUILDERS, INC. etc., et al.,
Appellees.
TEXT: W. SHARP, J. Grosseibl appeals from an order staying his lawsuit against J. Chris Howard
Bui...e claims of liens by contractors were specifically excluded from the arbitration provision).
REVERSED AND REMANDED. DAUKSCH and COBB, JJ., concur.
74-CITE: 576 So.2d 1331 CHUN YEN MIN, as Personal Representative of the Estate of Pei Chin Lee,
deceased, Appellant, v. COUNTRY PARK AT BOCA RATON HOMEOWNER S ASSOCIATION, INC., Stanley Wantman,
Inc., Levitt Home, Inc., and Hardrives Co., Appellees.
TEXT: PER CURIAM. REVERSED. We agree with appellant that the trial court erred in dismissing
appel...e sufficient to require responsive pleadings from the appellees. ANSTEAD and WARNER, JJ.,
and WALDEN, JAMES H., (Retired), Associate Judge, concur.
75-CITE: 559 So.2d 1226 Jorge ARENCIBIA, Appellant, v. Madelyne AGRA, Personal Representative of the
Estate of Jesus Agra, deceased, Appellee.
TEXT: PER CURIAM. Plaintiff Jorge Arencibia appeals dismissal of his second amended complaint
with...ition as that term is referred to in the law of premises liability. See generally Restatement
(Second) of Torts Sections 315, 343 (1965). Affirmed.
76-CITE: 751 So.2d 674 Edward ROBERTSON and Theresa L. Robertson, Appellants, v. COUNTRYSIDE PUD
RESIDENTIAL HOMEOWNERS, etc., et al., Appellees.
TEXT: W. SHARP, J. The Robertsons, Edward and Theresa, appeal from a summary final judgment
entere...s, Inc v. Sunshine Ranches Homeowners, Inc., 303 So.2d 665 (Fla. 4th, DCA 1974), Voight.
REVERSED and REMANDED. PETERSON and GRIFFIN, JJ., concur.
77-CITE: 540 So.2d 173 Thomas ANDERSON and Glenda Anderson, his wife, Appellants, v. ROSETREE VILLAGE
ASSOCIATION, INC., Appellee.
TEXT: LEHAN, Acting Chief Judge. This is an appeal from a final summary judgment ordering that
app...nt Corp., 373 So.2d 719, 720 ( Fla. 2d DCA 1979)). Reversed and remanded for proceedings not
inconsistent herewith. FRANK and PARKER, JJ., concur.
78-CITE: 569 So.2d 1329 Amelia SPADAFORA and Louis Spadafora, her husband, Appellants, v. Anthony CARLO
and Lillian Carlo, his wife, Appellees.
TEXT: ALTENBERND, Judge. The plaintiffs, Mr. and Mrs. Spadafora, appeal a final summary judgment
i...f care. Bryant v. Lucky Stores Inc., 570 So.2d 950 (Fla. 2d DCA 1990) (en banc). Reversed and
remanded. RYDER, A.C.J., and THREADGILL, J., concur.
79-CITE: 600 So.2d 34 WEST AMERICAN INSURANCE COMPANY, Appellant, v. Carolyn LOWRIE, Appellee.
TEXT: COPE, Judge. Western American Insurance Company appeals a non-final order granting partial
s...tself, which is not part of the plumbing system. The judgment is reversed and the cause
remanded with directions to enter judgment for the insurer.
80-CITE: 650 So.2d 120 Terrell MARTIN, Appellant, v. JACK YANKS CONSTRUCTION CO., Appellee.
TEXT: NESBITT, Judge. Homeowner Terrell Martin seeks reversal of the final judgment which
determin... of the fraudulent lien. See Section 713.31(c), Fla.Stat. (1993). For the foregoing
reasons, the judgment under review is reversed with directions.
81-CITE: 708 So.2d 312 Michael SCHEER, M.D., Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, an
Illinois corporation authorized to do business in Florida, June Vernon and Delroy Vernon, Jasmine
Ashley, and Marjorie Young, Appellees.
TEXT: KLEIN, Judge. Three female co-employees of Dr. Scheer sued him and their joint employer in
f...ourt erred in finding that the business pursuits exclusion left Dr. Scheer without a defense or
coverage. Reversed. WARNER and FARMER, JJ., concur.
82-CITE: 432 So.2d 654 SWEETWATER OAKS CONDOMINIUM ASSOCIATION, INC., Appellant Cross-Appellee, v.
CREATIVE CONCEPTS OF TAMPA, INC., and Sweetwater Oaks II Condominium Association, Inc., Appellees
Cross-Appellants.
TEXT: GRIMES, Acting Chief Judge. In this appeal, the developer of two condominiums and one of
the...action. Accordingly, we reverse the order of dismissal and remand for proceedings consistent
with this opinion. DANAHY and SCHOONOVER, JJ., concur.
83-CITE: 718 So.2d 936 Armando DANIEL, Julio Caesar Daniel and Marlen Daniel, Appellants, v. FLORIDA
RESIDENTIAL PROPERTY AND CASUALTY JOINT UNDERWRITING ASSOCIATION and Guy Brickman Insurance Agency,
Appellees.
TEXT: PER CURIAM. Insureds appeal the final summary judgment entered in favor of their insurer
and...ingly, the order under review is reversed as to the claim for negligence and remanded for
further proceedings, the balance of the order is affirmed.
84-CITE: 520 So.2d 281 Marilyn CASBY, Petitioner, v. Warren Douglas FLINT and Rita Flint, his wife,
Respondents.
TEXT: SHAW, Justice. We have for review Casby v. Flint, 501 So.2d 689 (Fla. 4th DCA 1987), in
whic...tice, specially concurring. I agree that his case is controlled by Schoen, but I believe
that Justice Adkins dissent in Schoen is the correct view.
85-CITE: 595 So.2d 284 Jewell STERLING, Appellant, v. CITY OF WEST PALM BEACH and State Farm Fire and
Casualty Company, Appellees.
TEXT: POLEN, Judge. The appellant, Jewell Sterling, seeks reversal of a final summary judgment
ent...final summary judgment and remand the case to the trial court for further proceedings.
HERSEY, J., concurs. ANSTEAD, J., dissents without opinion.
86-CITE: 546 So.2d 1161 LEESBURG HUMANE SOCIETY, INC., Appellant, v. William C. KAUFFMAN, Appellee.
TEXT: ORFINGER, Judge. Appellee is contesting setback variances granted to appellant by the Lake
C... variances, pending the ultimate outcome of the litigation. AFFIRMED in part and REMANDED.
DAUKSCH, J. and McNULTY, J.P., Associate Judge, concur.
87-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.
88-CITE: 705 So.2d 676 The STATE of Florida, Appellant, v. Jose M. CORTEZ, and Alexis Rodriguez,
Appellees.
TEXT: COPE, Judge. The State appeals an order suppressing evidence. As there was no Fourth
Amendme...or the offense of attempted burglary, or at the least, had a founded suspicion to justify
detaining defendants until the homeowner could be located.
89-CITE: 677 So.2d 37 STATE FARM FIRE AND CASUALTY COMPANY, a foreign corporation, Appellant, v. Arthur
W. Nickelson and Melvinee Nickelson, individually and as parents and natural guardians of Nikki W.
Nickelson, a minor, Appellees.
TEXT: WOLF, Judge. Appellant, State Farm Fire and Casualty (State Farm), seeks review of a jury
ve...ccordingly the case is remanded with directions for the trial judge to enter judgment in favor
of State Farm. BENTON and VAN NORTWICK, JJ., concur.
90-CITE: 576 So.2d 348 Clayton R. ZEHNER, Appellant, v. MEL-RE CONSTRUCTION, INC., Appellee.
TEXT: PER CURIAM. The appellant, a homeowner, entered into a contract with the appellee for the
co...e appellant and against the appellee in the amount of $39,904.89. Reversed and remanded.
DANAHY, A.C.J., and CAMPBELL and ALTENBERND, JJ., concur.
91-CITE: 678 So.2d 431 GENERAL MORTGAGE ASSOCIATES, INC., et al., Appellants, v. CAMPOLO REALTY &
MORTGAGE CORPORATION, et al., Appellees.
TEXT: SCHWARTZ, Chief Judge. On the authority of Florida Nat l Bank v. Bankatlantic, 589 So.2d
255... collection of default interest, as occurred here. It is therefore insufficient to comply with
the requirements of the dicta in question. Affirmed.
92-CITE: 434 So.2d 360 Donald V. WEBB, Appellant, v. Robert N. VERVILLE, Ronald C. Reno, Corinne A.
Reno, his wife, William Webb, Richard Falabela, Fernando Rebustillo and Martha Rebustillo, his wife,
Appellees.
TEXT: LETTS, Judge. We have simplified and distilled the facts, (FN1) but in essence the question
...itle must have been issued to the Federal before the sale back to the defaulting owner. REVERSED
AND REMANDED. DOWNEY and GLICKSTEIN, JJ., concur.
93-CITE: 568 So.2d 1293 Faye SPENGLER, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY and Andreu
Harvey, Appellees.
TEXT: ZEHMER, Judge. Faye Spengler appeals a summary final judgment for State Farm Fire and
Casual...s reversed and this cause is remanded for further proceedings consistent with this opinion.
REVERSED AND REMANDED. SMITH and NIMMONS, JJ., concur.
94-CITE: 592 So.2d 361 Bob RITCHIE and Elizabeth Ritchie, Appellants, v. CARRIAGE OAKS HOMEOWNERS
ASSOCIATION, INC., Appellee.
TEXT: PETERSON, Judge. Bob and Elizabeth Ritchie appeal a final summary judgment ordering them to
...s and costs are vacated, and the cause is remanded for further proceedings. Judgments VACATED;
REMANDED. GOSHORN, C.J., and DIAMANTIS, J., concur.
95-CITE: 645 So.2d 594 Dennis Earl WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant maintains that the restitution amount must be reversed because
it...he amount of the award is unclear, the restitution award is reversed and a new restitution
hearing is ordered. FRANK, C.J., and FULMER, J., concur.
96-CITE: 478 So.2d 1198 STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. Lewis FRIEND, Appellee.
TEXT: GLICKSTEIN, Judge. This is an appeal of a final order, declaring appellee to be covered
unde...was not engaged in a business pursuit as defined by the policy issued by appellant. WALDEN,
J., and OWEN, WILLIAM C., JR., Associate Judge, concur.
97-CITE: 566 So.2d 859 Kenneth DINKINS, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of a judgment of conviction and sentence for
burgla...he above statement, when considered in context, it is apparent that such is a reporting
error and that it was the prosecutor who made the statement.
98-CITE: 632 So.2d 194 MEDIDENT CONSTRUCTION, INC., Appellant, v. Pamela CHAPPELL, Appellee.
TEXT: PER CURIAM. Medident Construction, Inc. appeals a non-final order denying its motion to
comp...h directions to allow arbitration and stay state court proceedings during the pendency of
dispute resolution by arbitration. Reversed and remanded.
99-CITE: 521 So.2d 359 Louise B. MOSS, Appellant, v. INVERNESS HIGHLANDS SOUTH AND WEST CIVIC
ASSOCIATION, INC., etc., et al., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment enjoining appellant from renting portions
...elderly folks who have others pay for them. *360 The judgment is reversed. REVERSED. SHARP,
C.J., concurs. DANIEL, J., dissents without opinion.
100-CITE: 489 So.2d 876 WEST AMERICAN INSURANCE COMPANY, Appellant, v. Luann NIXON, Mary Lou Powell,
John T. Morris and Joy Morris, as parents and natural guardians of Stephanie Nicole Morris, a minor,
and John T. Morris and Joy Morris, individually, Appellees.
TEXT: HERSEY, Chief Judge. Appellant, insurer, seeks review of a non-final order holding that a
du...d 1108 (Fla. 5th DCA 1981). We therefore dismiss the appeal, without prejudice, as being
premature. APPEAL DISMISSED. DOWNEY and DELL, JJ. concur.
101-CITE: 454 So.2d 695 ROBERT W. GOTTFRIED, INC., Appellant, v. Joseph E. COLE and Marcia Cole, his
wife, Appellees.
TEXT: LETTS, Judge. This case involves a builder who sued a homeowner for the balance of an
unpaid...or alternative methods of calculating architectural fees incurred under a contract to
provide architectural fees to build a single family residence.
102-CITE: 620 So.2d 786 ROYAL OAK LANDINGS HOMEOWNERS ASSOCIATION, INC., Appellant, v. Robert C.
PELLETIER and Linda M. Pelletier, his wife, Appellees.
TEXT: PER CURIAM. Royal Oak Landing Homeowner s Association, the appellant, appeals from the
trial... section 14.3 of the Declaration. We affirm all other issues raised on appeal. GUNTHER, and
STONE, JJ., and MOE, LEROY H., Associate Judge, concur.
103-CITE: 453 So.2d 1170 Anthony PALUMBO, Appellant, v. LIL GENERAL STORES CORPORATION, Liberty Mutual
Insurance Company, Julius Finkelstein, David Alper and Aetna Casualty & Surety Company, Appellees.
TEXT: LETTS, Judge. The appellant was beaten in the parking lot of a convenience store. He filed
s...e stated against them. One can also contemplate a homeowner s liability to his guests upon the
occasion of a second armed robbery at a dinner party.
104-CITE: 573 So.2d 47 ALLSTATE INSURANCE COMPANY, Appellant, v. Jerry SHOFNER and Margaret Shofner,
Appellees.
TEXT: ZEHMER, Judge. Allstate Insurance Company appeals a declaratory judgment determining that
it...eversed, and the cause is remanded for entry of a judgment in accordance with this opinion.
REVERSED AND REMANDED. SMITH and NIMMONS, JJ., concur.
105-CITE: 581 So.2d 158 STRESSCON, etc., Petitioner, v. Reynaldo MADIEDO, et al., Respondents.
TEXT: HARDING, Justice. We have for review Stresscon v. Madiedo, 561 So.2d 1351, 1352 (Fla. 3d
DCA...) Although these cases addressed the Florida Statutes for 1975, 1980 and 1981, the provision
in question in each is identical to the 1987 provision.
106-CITE: 674 So.2d 880 STATE FARM FIRE AND CASUALTY COMPANY and State Farm General Insurance Company,
Appellants, v. Richard M. GOLDSTEIN and Maria Goldstein, Appellees.
TEXT: SCHWARTZ, Chief Judge. Because the windstorm coverage of the State Farm homeowner s policy
i...ding debris removal expense. This coverage may increase the limit otherwise applicable. We do
not cover property grown for business purposes. [e.s.]
107-CITE: 516 So.2d 1022 STATE FARM FIRE AND CASUALTY COMPANY, Petitioner, v. H. Clark NAIL, et al.,
Respondents.
TEXT: COBB, Judge. Respondents Paul and Julie Slattery filed an action against petitioner, State
F.... Accordingly, we grant certiorari and quash the order of consolidation. *1024 CERTIORARI
GRANTED; ORDER QUASHED. DAUKSCH and SHARP, JJ., concur.
108-CITE: 549 So.2d 1136 Osvaldo SIGARAY, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant appeals his conviction for burglary and grand theft. We affirm.
Respo...e s presence during jury selection cannot be waived by anyone, including the defendant.
Singletary does not retroactively apply to the case at hand.
109-CITE: 626 So.2d 274 HOMEOWNER S CORPORATION OF RIVER TRAILS, Appellant, v. John SABA, Jr., Trustee,
d b a River Trails Mobile Home Park, Appellee.
TEXT: ALTENBERND, Judge. In response to a motion to dismiss, the trial court entered a partial
fin...enced the shift in bargaining power caused by moving a mobile home into the park. Reversed
and remanded. RYDER, A.C.J., and PATTERSON, J., concur.
110-CITE: 441 So.2d 700 Claude Robert WEBB, Appellant, v. STATE of Florida, Appellee.
TEXT: BOARDMAN, Acting Chief Judge. Appellant Claude Robert Webb contends that the evidence
presen...echanic s lien. *703 judgment and sentence and REMAND to the trial court with directions to
discharge appellant. SCHEB and SCHOONOVER, JJ., concur.
111-CITE: 704 So.2d 694 SOUTHEAST AND ASSOCIATES, INC., Appellant, v. FOX RUN HOMEOWNERS ASSOCIATION,
INC., a Florida not-for-profit corporation, and Albert Love and Rose Love, his wife, Appellees.
TEXT: RAMIREZ, JUAN, Jr., Associate Judge. This is an appeal from an order granting Appellees
moti...omeone on their behalf kept signing for the certified letters, sending in a partial payment.
REVERSE AND REMAND. GUNTHER and SHAHOOD, JJ., concur.
112-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.
113-CITE: 707 So.2d 1185 USAA CASUALTY INSURANCE COMPANY, a foreign insurance company authorized to do
business in the State of Florida, Appellant, v. Lawrence GORDON, Appellee.
TEXT: STEVENSON, Judge. USAA appeals a declaratory judgment determining that its homeowner s
insur...on II, and the plain language of the exclusion properly precludes appellee s recovery in
this case. REVERSED. GLICKSTEIN and SHAHOOD, JJ., concur.
114-CITE: 671 So.2d 250 AMERICAN RELIANCE INSURANCE COMPANY, a foreign corporation, Petitioner, v.
ROSEMONT CONDOMINIUM HOMEOWNERS ASSOCIATION, INC., a Florida corporation, Respondent.
TEXT: PER CURIAM. American Reliance Insurance Company petitions for a writ of certiorari to
review... trial court--not having been noticed for hearing--and should not have been ruled upon.
Accordingly, we grant certiorari and quash the order below.
115-CITE: 629 So.2d 1053 INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Petitioner, v. George M. RIDENOUR
and Kathleen Y. Ridenour, Respondents.
TEXT: PER CURIAM. Indemnity Insurance Co. of North America (Indemnity) seeks a writ of certiorari
...a. 5th DCA 1987). (FN3) We find no support in the record for respondents claim that Indemnity is
voluntarily defending them in the liability action.
116-CITE: 656 So.2d 961 Raymond J. BARBER, personally, and d b a RJB Systems, Appellant, v. WONDERLAND
GREYHOUND PARK, etc., Appellee.
TEXT: THOMPSON, Judge. Raymond J. Barber ( Barber ) appeals the trial court s order denying his
mo...as for account stated, count IV was for goods sold, count V was for specific performance, and
count VI was for a temporary and permanent injunction.
117-CITE: 467 So.2d 1095 Bobby OSBORNE, Appellant Cross Appellee, v. ELIZABETH MASSEY INVESTMENT
CORPORATION, Tracor Marine, Inc., Yellow Tail Marine, Inc., William R. Riley, Phoenix Assurance Co.,
Ltd., et al., Appellees Cross Appellants.
TEXT: BARKETT, Judge. The trial court granted summary judgment in favor of appellee Phoenix
Assura...dgment of the trial court and remand the cause for further proceedings consistent herewith.
REVERSED AND REMANDED. HURLEY and WALDEN, JJ., concur.
118-CITE: 566 So.2d 331 M. David EPSTEIN and Stacy Epstein, his wife, Appellants, v. HARTFORD CASUALTY
INSURANCE COMPANY, a foreign corporation, Appellee.
TEXT: ALLEN, Judge. This is an appeal by M. David Epstein and Stacy Epstein, plaintiffs below,
fro...inal judgment and remand this cause to the trial court for further proceedings in accordance
with this opinion. WENTWORTH and NIMMONS, JJ., concur.
119-CITE: 744 So.2d 1242 WINGROVE ESTATES HOMEOWNERS ASSOCIATION, et al., Petitioners, v. PAUL CURTIS
REALTY, INC. and Orange County, Florida, Respondents.
TEXT: COBB, J. Two homeowner associations, Wingrove Estates and Winderlakes, seek certiorari
revie...ue the writ quashing the order of the circuit court so as to permit intervention. PETITION
GRANTED; WRIT ISSUED. GOSHORN and GRIFFIN, JJ., concur.
120-CITE: 573 So.2d 181 Andrew HARROW and Susan Harrow, his wife, Appellants Cross-Appellees, v. REMKE
DEVELOPMENT, INC., Appellee, and HOW Insurance Company, Appellee Cross-Appellant.
TEXT: PER CURIAM. The appellants (the homeowners) asserted claims based on construction defects
in...d by the trial judge. Affirmed in part, reversed in part, and remanded for further
proceedings. DANAHY, A.C.J., and FRANK and PARKER, JJ., concur.
121-CITE: 699 So.2d 271 MIAMI LAKES CIVIC ASSOCIATION, INC., Appellant, v. Rolando J. ENCINOSA, Jr.,
Appellee. Rolando J. ENCINOSA, Jr., Appellant, vs. MIAMI LAKES CIVIC ASSOCIATION, INC., Appellee.
TEXT: NESBITT, Judge. Plaintiff Miami Lakes Civic Association, Inc. (the association ) appeals a
f... fee order in the consolidated case unnecessary. Reversed and remanded with directions to enter
the mandatory injunction sought by the association.
122-CITE: 525 So.2d 910 Irwin Stanley BROOKS a k a I. Stanley Brooks, a k a Stanley Brooks, and Harriet
K. Brooks, his wife, Appellants, v. Dick HOLSOMBACH, Appellee.
TEXT: LETTS, Judge. Before us is a controversy between a builder and a homeowner over a final
invo...question of damages and liability are inseparable. Accordingly, this cause should be retried
on all issues previously presented in the trial court.
123-CITE: 746 So.2d 507 Susan BOYCE, Michael A. Boyce, Mattie G. Brown, Charles L. Brown, Shawn Cafiero,
Alice Cafiero, Antonietta Demps, Lawrence Demps, Debra Richerson Hirstreet, Bruce Hirstreet, Sandra
H. Jacobson, George F. Jacobson, Parvin Lakhani, Ali Lakhani, Tibisay Montero, Manuel Montero, Kay
L. Nezwek, Todd Nezwek, Marta Nunez, Rafael Nunez, Dina M. Quieja, Jorge I. Queija, Roselyn Seide,
Michael Seide, Danuta Sprangenberg, Jack Dodson, Helene S. Weingarten, Richard M. Weingarten,
Michelle Wilger and Daniel J. Wilger, Appellants, v. Ivy SIMPSON and Donavan G. Williams, Appellees.
TEXT: McCARTHY, TIMOTHY P., Associate Judge. The appellants and appellees own residential
dwelling...lated in Judge Altenbernd s concurring opinion in Baldwin v. Nature s Hideaway, Phase I-B
Homeowners Ass n, 613 So.2d 1376, 1378 (Fla. 2d DCA 1993).
124-CITE: 604 So.2d 854 INDEPENDENT FIRE INSURANCE COMPANY, Appellant Cross-Appellee, v. Connie S.
ARVIDSON and Kevin C. Arvidson, Appellees Cross-Appellants.
TEXT: PER CURIAM. Appellant, Independent Fire Insurance Company, appeals the trial judge s second
...CEEDINGS CONSISTENT WITH THIS OPINION. POLEN, J., and JAMES E. ALDERMAN, Senior Justice, concur.
FARMER, J., concurring specially without opinion.
125-CITE: 520 So.2d 618 SANTA FE PASS, INC., Appellant, v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION
and Santa Fe Lake Dwellers Association, Inc., Appellees.
TEXT: PEARSON, TILLMAN, Associate Judge (Retired). The appellant, a developer, filed with the
Depa...of Fla.Admin.Code Rule 17-25.027, the permit shall issue, otherwise it shall be denied.
REVERSED with directions. SHIVERS and ZEHMER, JJ., concur.
126-CITE: 455 So.2d 462 Fred FINBERG, Appellant, v. HERALD FIRE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. This is an appeal by plaintiff Finberg from a final summary judgment entered in
...entitled to a final summary judgment as a matter of law. We remand for entry of final summary
judgment in appellant s favor. Reversed and remanded.
127-CITE: 687 So.2d 7 Metropolitan Dade County, APPELLANT, v. Howard S. GOLDBERG, Appellee.
TEXT: PER CURIAM. Metropolitan Dade County appeals, and Howard S. Goldberg cross-appeals, a
perman...n for rehearing en banc is denied. Affirmed in part, reversed in part, dismissed in part,
and remanded for further proceedings consistent herewith.
128-CITE: 501 So.2d 689 Marilyn CASBY, Appellant, v. Warren Douglas FLINT and Rita Flint, his wife,
Appellees.
TEXT: HERSEY, Chief Judge. In this slip-and-fall personal injury case, appellant s third amended
c...g rise to a duty to warn, thus being distinguishable from Schoen v. Gilbert, 436 So.2d 75
(Fla.1983)? AFFIRMED. ANSTEAD and GUNTHER, JJ., concur.
129-CITE: 534 So.2d 776 Edward L. MARSHALL, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY,
Appellee.
TEXT: DELL, Judge. Appellant, Edward L. Marshall, appeals from a final summary judgment entered
in...usetts Bay Insurance Company, 172 Ga.App. 811, 324 S.E.2d 510 (1984); McAndrews v. Farm Bureau
Mutual Insurance Company, 349 N.W.2d 117 (Iowa 1984).
130-CITE: 457 So.2d 512 AETNA INSURANCE COMPANY, Appellant, v. STATE FARM FIRE & CASUALTY COMPANY, as
subrogee of Larry B. Elmore and Eva H. Elmore, his wife, Appellee.
TEXT: SHIVERS, Judge. Appellant, Aetna Insurance Company, appeals from a final judgment in favor
o...angible property which has not been physically injured or destroyed provided such loss of use
is caused by an occurrence during the policy period;
131-CITE: 554 So.2d 504 STATE FARM FIRE AND CASUALTY COMPANY, Petitioner, v. Edward L. MARSHALL,
Respondent.
TEXT: PER CURIAM. We have for review Marshall v. State Farm Fire & Casualty Co., 534 So.2d 776
(Fl...he insured. Preferred Mutual Ins. Co. v. Thompson, [23 Ohio St.3d 78] 491 N.E.2d [688] at 691
[1986] (emphasis in original). BARKETT, J., concurs.
132-CITE: 603 So.2d 126 Douglas J. ARCHIE and Michelle E. Archie, Appellants, v. STATE FARM FIRE &
CASUALTY COMPANY, Appellee.
TEXT: SCHOONOVER, Acting Chief Judge. The appellants, Douglas J. Archie and Michelle E. Archie,
ch...2d 201 (Fla.1989). We, accordingly, reverse the final summary judgment and remand for
proceedings consistent herewith. HALL and BLUE, JJ., concur.
133-CITE: 730 So.2d 835 Allie Jo HESTER, Appellant, v. CINDI S PLACE HOMEOWNERS ASSOCIATION, INC.,
Appellee.
TEXT: PER CURIAM. Allie Jo Hester ( Appellant ) appeals from an Order granting a Homeowners
Associ...istent herewith. ------------ (FN2) The incidental damages involved in the instant case
include an off-duty police officer hired by the Association.
134-CITE: 519 So.2d 645 Janice Wasserman GOLDSTEN, Appellant, v. BETTY GINSBURG INTERIOR DESIGN, INC., a
Florida corporation, and Betty Ginsburg, Appellees.
TEXT: DOWNEY, Judge. This is a timely appeal from a final judgment entered pursuant to a jury
verd...refutation of the argument in the record. In view of the foregoing, the judgment appealed
from is affirmed. HERSEY, C.J., and GUNTHER, J., concur.
135-CITE: 678 So.2d 376 SMITH BARNEY SHEARSON, INC., Appellant, v. Howard E. BERMAN, et al., Appellees.
TEXT: PER CURIAM. Defendant-appellant Smith Barney Shearson, Inc. (Shearson) appeals from an
order...monstrate a substantial likelihood of success on the merits. Accordingly, the order granting
Berman s motion for a temporary injunction is reversed.
136-CITE: 598 So.2d 109 Timothy KIRSCH, Jr., a minor, by and through his natural parents, Timothy P.
KIRSCH and Lynn C. Kirsch, and Timothy P. Kirsch and Lynn C. Kirsch, individually, Appellants, v.
AETNA CASUALTY & SURETY COMPANY, Appellee. Timothy KIRSCH, Jr., a minor, by and through his natural
parents, Timothy P. KIRSCH and Lynn C. Kirsch, and Timothy P. Kirsch and Lynn C. Kirsch,
individually, Appellants, v. Stephanie STAHL and Joyce M. Tekavec, Appellees.
TEXT: PATTERSON, Judge. In this consolidated appeal, the appellants challenge the final summary
ju...mary judgment on the basis of this exclusion was error. Affirmed in part, reversed in part,
and remanded. SCHOONOVER, C.J., and LEHAN, J., concur.
137-CITE: 653 So.2d 371 Jane DOE, For and on Behalf of Charlene DOE, a minor child, Appellant, v.
ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. We have for review a question of Florida law certified by the United States
Cour...peals for the Eleventh Circuit for disposition. It is so ordered. GRIMES, C.J., and
OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
138-CITE: 474 So.2d 325 Alice B. FOREMAN, as Personal Representative of the Estate of Albert E. Foreman,
her husband, and Alice B. Foreman, individually, Appellant, v. VALLEY FORGE INSURANCE COMPANY, a
Pennsylvania Corporation, Aetna Insurance Company, a Connecticut Corporation, Harry A. Marks, and
Irma L. Johnson, d b a Riverbluff Fishing Resort, Appellees. VALLEY FORGE INSURANCE CO., Appellant,
v. Alice B. FOREMAN, as Personal Representative of the Estate of Albert E. Foreman, her husband,
Alice B. Foreman, individually, Aetna Insurance Co., a Connecticut Corporation, Harry A. Marks, and
Irma L. Johnson, d b a Riverbluff Fishing Resort, Appellees.
TEXT: PER CURIAM. We find error in the trial court s decision to direct a verdict in favor of the
...mand for further proceedings in accord herewith. REVERSED AND REMANDED. ANSTEAD and GLICKSTEIN,
JJ., and GOLDMAN, MURRAY, Associate Judge, concur.
139-CITE: 743 So.2d 51 Tyrone LAWTON, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, J., Tyrone Lawton appeals his sentence imposed pursuant to the Prison Release
Reof... AFFIRMED. DAUKSCH and GOSHORN, JJ., concur. ------------ (FN3) The victim entered a plea to
misdemeanor possession of drugs at initial appearance.
140-CITE: 506 So.2d 497 ALLSTATE INSURANCE COMPANY, Petitioner, v. Arthur Russell SWANSON, as Personal
Representative of the Estate of Christina Ann Swanson, Respondent.
TEXT: SHARP, Judge. Allstate Insurance Company seeks certiorari review of an order compelling
disc...ly combining the two causes of action. Accordingly, we issue the writ and quash the discovery
order. WRIT ISSUED. DAUKSCH and COWART, JJ., concur.
141-CITE: 690 So.2d 705 Nicholas A. LAGANELLA, Appellant, v. BOCA GROVE GOLF AND TENNIS CLUB, INC.,
Appellee.
TEXT: PER CURIAM. This appeal arises from the dismissal of appellant s complaint for failure to
st...ntractual relationship or the breach of any warranty. Affirmed in part; reversed in part; and
remanded. GLICKSTEIN, STONE and WARNER, JJ., concur.
142-CITE: 649 So.2d 912 Willie BROWN, Appellant Cross-Appellee, v. The TRAVELERS INSURANCE COMPANY,
Appellee Cross-Appellant.
TEXT: ON MOTIONS FOR REHEARING FARMER, Judge. We grant rehearing and substitute our previous
opin... which provided general liability coverage. *916 REVERSED AND REMANDED WITH DIRECTIONS.
KLEIN, J., and HARRY LEE ANSTEAD, Associate Judge, concur.
143-CITE: 474 So.2d 840 ALLSTATE INSURANCE COMPANY, a s o Andrew H. Jackson and J.D. Jackson, his wife,
and Andrew H. Jackson and J.D. Jackson, his wife, Appellants, v. WEATHERS BROTHERS, INC., a transfer
company, Truck Insurance Exchange, Auto Truck Plaza Specialists, Inc., and Fireman s Fund Insurance
Company, Appellees.
TEXT: MILLS, Judge. This is an appeal from a final summary judgment for the defendants, Weathers
B...ned in the government bill of lading were held to be controlling. See also 31 U.S.C., Sections
240-242. Affirmed. SMITH and THOMPSON, JJ., concur.
144-CITE: 719 So.2d 389 Frank F. FEROLA and Vera Ferola, Appellants, v. BLUE REEF HOLDING CORP., INC.,
Joseph F. Coyne, individually and as Trustee of Saturn Realty Trust, a Massachusetts Business Trust,
Frank L. Viola, Anthony M. Viola, Jaguar Construction Company, Inc., Jupiter Key Association, Inc.,
Haymarket Cooperative Bank, and The Town of Jupiter, Appellees.
TEXT: ON MOTION FOR REHEARING PER CURIAM. We withdraw our opinion issued September 2, 1998 and
su...ciation, does not provide for derivative actions, and Chapter 607 does not apply to non-profit
corporations. See Section 617.1908, Fla.Stat. (1997).
145-CITE: 741 So.2d 1177 Herbert S. ROSE, et al., Appellants, v. The VILLAGE OF KINGS CREEK CONDOMINIUM
ASSOCIATION, INC., et. al., Appellees.
TEXT: PER CURIAM. Herbert Rose, a condominium owner at The Village of King s Creek, filed a
multi-...sition to award Rose attorney s fees as prevailing party. Reversed and remanded for
further proceedings consistent with the statements made herein.
146-CITE: 554 So.2d 593 Marie C. MICHEL, Appellant, v. MERRILL STEVENS DRY DOCK COMPANY, Appellee.
TEXT: ON REHEARING EN BANC LEVY, Judge. This case was set for rehearing en banc to determine the
....1965) (same), and reverse the summary judgment as to the claims sounding in negligence and
breach of contract. Affirmed in part; reversed in part.
147-CITE: 740 So.2d 594 SUNTRUST BANK MIAMI, N.A. and First Union National Bank of Florida, Appellants,
v. Athanasius A. PAPADOPOLOUS a k a Arthur A Pappas a k a Art Papadopolous a k a Art Pappas and
Deborah P. Papadopolous, Appellees.
TEXT: COPE, J. Suntrust Bank, N.A., and First Union National Bank of Florida (collectively the
ban...ish indirectly that which they cannot do directly. See Hill v. First National Bank of
Marianna, 79 Fla. 391, 399, 84 So. 190, 192 (1920). Affirmed.
148-CITE: 579 So.2d 798 The TRAVELERS INSURANCE COMPANY, a Connecticut corporation authorized to do
business in the State of Florida, Appellant, v. Paul EMERY and John Kemp, Appellees.
TEXT: PER CURIAM. The Travelers Insurance Co. (Travelers) appeals a final judgment denying its
com...roceedings to determine the existence or non-existence of coverage and of Travelers duty to
defend Emery. NIMMONS, BARFIELD and MINER, JJ., concur.
149-CITE: 590 So.2d 1050 CONSOLIDATED AMERICAN INSURANCE COMPANY, INC., Appellant, v. Kimberly Cade
HENDERSON, Appellee.
TEXT: PER CURIAM. This is an appeal from a final order finding coverage under an insurance
contrac...e son, not the mother. Therefore, we must reverse. Based on the foregoing, the order
finding coverage and awarding damages of $750,000 is reversed.
150-CITE: 501 So.2d 9 Donald NELSON and Geraldine Nelson, Appellants, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. Donald and Geraldine Nelson appeal the order adjudicating them guilty of grand
...every reasonable doubt. Negron v. State, 306 So.2d 104 (Fla.1974), receded from on other grounds,
Butterworth v. Fluellen, 389 So.2d 968 (Fla.1980).
151-CITE: 436 So.2d 239 Linda BERWICK, Appellant, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE CO.,
Appellee.
TEXT: JORGENSON, Judge. Berwick appeals from an adverse summary judgment. In light of the
followin...ment proceedings that the appraisal *241 was not received by Kavanaugh. The presumption,
therefore, remains. Reversed and remanded with directions.
152-CITE: 751 So.2d 653 Tom CARNEY, Appellant, v. Frank GAMBEL and Hilda Gambel, Appellees.
TEXT: STONE, J. Plaintiff appeals from a final order dismissing counts III and IV of a second
amen...also affirm. GROSS, J. and JULIAN, JOYCE, Associate Judge, concur. ------------ (FN1) We
note that Mark was apparently also a co-owner of the unit.
153-CITE: 657 So.2d 1193 Carlos A. ROMERO, Jr., Appellant, v. SHADYWOOD VILLAS HOMEOWNERS ASSOCIATION,
INC., Appellee.
TEXT: PER CURIAM. A plaintiff appeals a trial court order dismissing his Amended Complaint for
inj...nit owner . . . a complete financial report of actual receipts and expenditures for the
previous 12 months. Section 718.111(13), Fla.Stat. (1993).
154-CITE: 580 So.2d 659 M.L. MONTGOMERY, INC., and M.L. Montgomery, individually, Appellants Cross
Appellees, v. Ian and Janet GRASSAM, Appellees Cross Appellants.
TEXT: LETTS, Judge. After a bench trial, final judgment was entered in favor of the homeowners
aga...est shall likewise exclude the $16,040.50 discussed earlier in this opinion. AFFIRMED IN
PART; REVERSED IN PART. GUNTHER and GARRETT, JJ., concur.
155-CITE: 484 So.2d 1363 AMERICAN STATES INSURANCE COMPANY, Appellant, v. ALLSTATE INSURANCE COMPANY,
Appellee.
TEXT: ORFINGER, Judge. When a dog which is riding in the back of a pickup truck bites a passenger
...passenger. The accident occurred at the vehicle, but it did not arise out of the use of the
vehicle. AFFIRMED. COBB, C.J., and COWART, J., concur.
156-CITE: 595 So.2d 1019 KILLEARN ACRES HOMEOWNERS ASSOCIATION, INC., a Florida corporation, Appellant,
v. Michael L. KEEVER and Shelly R. Keever, Appellees.
TEXT: BOOTH, Judge. This cause is before us on appeal from a final judgment denying appellant s
co...DCA 1965). The final judgment below is reversed, and this cause is remanded for proceedings
consistent herewith. WIGGINTON and MINER, JJ., concur.
157-CITE: 472 So.2d 1276 CINCINNATI INSURANCE COMPANY, Appellant, v. W.H.F. WILTSHIRE and Edith Hayward
Wiltshire, Appellees.
TEXT: MILLS, Judge. Cincinnati Insurance Company (Cincinnati) appeals from a final judgment
declar...ulting from subterranean voids created by the action of water on limestone or similar rock
formations. REVERSED. SMITH and THOMPSON, JJ., concur.
158-CITE: 645 So.2d 555 Shane D. HAMILTON, Appellant, v. STATE of Florida, Appellee.
TEXT: LAZZARA, Judge. Shane D. Hamilton appeals his judgments and sentences for grand theft in
the...ry and selective enforcement by vesting undue discretion as to its scope in those who
prosecute. McKenney v. State, 388 So.2d 1232, 1234 (Fla.1980).
159-CITE: 691 So.2d 1095 RLI INSURANCE COMPANY, Appellant, v. SCOTTSDALE INSURANCE COMPANY, a foreign
corporation, Royal Insurance Agency, Inc., f k a Morrison-Dulfer Insurance Agency and Hull and
Company, Inc., Appellees.
TEXT: KLEIN, Judge. RLI Insurance Company, an excess insurer, brought this lawsuit against a
prima...y), as well as Judge Polen s dissent. *1097 that the trial court was correct in disposing of
this claim. Affirmed. FARMER and SHAHOOD, JJ., concur.
160-CITE: 633 So.2d 1111 INDEPENDENT FIRE INSURANCE COMPANY, Appellant, v. Joseph PAULEKAS and Marsha
Paulekas, Appellees.
TEXT: LEVY, Judge. In December of 1987, Joseph Paulekas was piloting his boat in the Florida
Keys,..., the trial court determines that Independent is obligated to provide coverage for the
accident in question. Affirmed in part and reversed in part.
161-CITE: 462 So.2d 91 Esther KUPPERMAN and Fred Kupperman, her husband, Appellants, v. Daniel LEVINE
and Barbara Levine, his wife, Appellees.
TEXT: DELL, Judge. Appellants challenge the dismissal of their amended complaint for damages
arisi... my view Judge Owen was eminently correct. This offering is in conflict with Schoen, as I am
confident our Supreme Court will agree. I would affirm.
162-CITE: 436 So.2d 163 FIRST HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, SEBRING, FLORIDA, a corporation
organized and operating under the laws of the United States of America, Appellant, v. Dwight M.
NANCE and Patricia G. Gallagher, Appellees.
TEXT: SCHOONOVER, Judge. The appellant, First Home Federal Savings and Loan Association, has
appea... if all or any part of the real property securing the loan is sold or transferred by the
borrower without the association s prior written consent.
163-CITE: 531 So.2d 946 PUBLIC HEALTH TRUST OF DADE COUNTY, Petitioner, v. Jorge LOPEZ, Respondent. In
re The ESTATE OF Helen v. TAYLOR, Deceased. Mary Helen HINES and Cynthia Whidden, as personal
representatives of the Estate of Helen v. Taylor, Deceased, Petitioners, v. GESSLER CLINIC, P.A.,
and Winter Haven Hospital, Respondents.
TEXT: BARKETT, Justice. We review the conflicting decisions of Lopez v. Public Health Trust of
Dad...ed by section 731.201(18), Florida Statutes (1985), as those persons entitled to the decedent
s property under the statutes of intestate succession.
164-CITE: 610 So.2d 112 John W. PALMA and Gloria Palma, Appellants, v. The TOWNHOMES OF ORIOLE
ASSOCIATION, INC., a Florida not-for-profit corporation, Appellee.
TEXT: PER CURIAM. The appellants, John and Gloria Palma, appeal from the denial of their motion
fo...he property owners. REVERSED AND REMANDED, for further consistent proceedings. HERSEY and
WARNER, JJ., and WALDEN, JAMES H., Senior Judge, concur.
165-CITE: 717 So.2d 592 GALLOWAY GLEN HOMES ASSOCIATION, INC., Appellant, v. UMLIC-SIX CORP., Appellee.
TEXT: NESBITT, Judge. A subdivision s homeowner association appeals a determination by way of
summ...998), which calls a balloon mortgage a partially amortized mortgage. *594 the note and the
first mortgage securing the same. Reversed and remanded.
166-CITE: 745 So.2d 983 Henry Blanco AVILA, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, J. We affirm Avila s conviction on charges of second-degree felony murder, armed
burg... before them. Id. at 75. As to all other issues raised, we also find no reversible error or
abuse of discretion. KLEIN and STEVENSON, JJ., concur.
167-CITE: 659 So.2d 310 FLORIDA FARM BUREAU INSURANCE COMPANY, Appellant, v. J. Timothy BIRGE and
Margaret Birge, Appellees.
TEXT: PER CURIAM. Florida Farm Bureau Insurance Company appeals a $100,000 final judgment entered
...age into the home. To the *316 extent that my conclusions disagree with Sterling as it relates to
the water damage clause, I would certify conflict.
168-CITE: 483 So.2d 560 KEITH, MACK, LEWIS & ALLISON, Appellant, v. I. Jeffrey BORAKS and Rona L.
Boraks, Appellees.
TEXT: PER CURIAM. The transaction giving rise to this litigation began when the Borakses entered
i...l court with directions to enter a judgment consistent with this opinion. ANSTEAD and WALDEN,
JJ., and FREDRICKA G. SMITH, Associate Judge, concur.
169-CITE: 538 So.2d 133 POINCIANA MOBILE HOME PARK, INC., a Florida corp., Appellant, v. Pink CONLEY,
Dorothea Hilfiker and John Woodhouse, Appellees.
TEXT: LEVY, Judge. Owner of mobile home park and three mobile homeowners and lessees of their
resp...nge by counsel for appellees at the hearing on the consolidated actions, appellant was
precluded from proceeding against mobile homeowner Woodhouse.
170-CITE: 656 So.2d 494 James M. STEPP, Jr., and Alison D. Stepp, Appellants, v. STATE FARM FIRE &
CASUALTY COMPANY, Appellee.
TEXT: PER CURIAM. This is an appeal of a final summary judgment in which the trial court
determine...ravelers Ins. Co., 130 Fla. 806, 814, 179 So. 138, 141 (1937), I respectfully dissent
from affirmance of a summary judgment predicated on much less.
171-CITE: 756 So.2d 1073 Karen GROSS, Individually and as the Parent and Natural Guardian of Barton Eby,
Jr., a Minor, and Barton Eby, Sr., Individually, Appellants, v. SAND AND SEA HOMEOWNERS ASSOCIATION,
INC., a Florida non-profit corporation; Lautrec Management Co., a Foreign corporation d b a Sand &
Sea Village Management, Sand & Sea Mobile Park, and Sand & Sea Village Mobile Home Community, The
Management of Sand and Sea Village, and Sand & Sea Partners Limited, a Florida limited partnership,
d b a Sand & Sea Village, and Sand and Sea Village Mobile Home Community and Sand and Sea Mobile
Park, Appellees.
TEXT: STEVENSON, J. This is an appeal from a final order of the trial court dismissing a personal
... point, summary judgment may be appropriate; at this stage, however, dismissal is premature.
REVERSED and REMANDED. FARMER and KLEIN, JJ., concur.
172-CITE: 452 So.2d 594 AMERICAN INDEMNITY COMPANY, a Texas corporation, authorized to do business in
the State of Florida, Appellant, v. LANCER, VANDROFF & SUDAKOFF, P.A., f k a Bernstein, Sherr,
Hodges, Lancer & Vandroff, P.A., Appellee.
TEXT: OTT, Chief Judge. The lower court rendered final summary judgment in favor of appellee
findi...judgment in favor of appellant. REVERSED and REMANDED for further proceedings not
inconsistent with this opinion. BOARDMAN and RYDER, JJ., concur.
173-CITE: 533 So.2d 809 Robert QUARLES, et al., Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, et al., Appellees.
TEXT: DANIEL, Judge. The Quarles, as personal representatives of the estate of their son Craig,
ap...es amended complaint against State Farm and Georgia American. REVERSED and REMANDED for
further proceedings. SHARP, C.J., and DAUKSCH, J., concur.
174-CITE: 523 So.2d 611 The SALVATION ARMY, Petitioner, v. BOARD OF COUNTY COMMISSIONERS, METROPOLITAN
DADE COUNTY, Florida, Respondent.
TEXT: HENDRY, Judge. The Salvation Army (SA) seeks certiorari review of a decision by the
Eleventh...ed the Building Director s decision to issue the Salvation Army a building permit solely
because that was the desire of vocal neighboring residents.
175-CITE: 588 So.2d 294 ALLSTATE INSURANCE COMPANY, Petitioner, v. Brian ENGLISH and Diane English,
Respondents.
TEXT: PER CURIAM. Allstate Insurance Company (Allstate) petitions this court for a writ of
certior... disqualified Allstate s counsel, and remand for further proceedings consistent with this
opinion. DANAHY, A.C.J., and FRANK and HALL, JJ., concur.
176-CITE: 712 So.2d 1211 AMERICAN RELIANCE INSURANCE COMPANY, Appellant, v. Rodney PEREZ, a minor, By
and Through his mother, natural guardian and next friend Stella PEREZ, and Stella Perez,
individually, and Christopher Brown, a minor, By and Through his mother, natural guardian and next
friend, Bernice Brown, and Bernice Brown, individually, Appellees.
TEXT: COPE, Judge. American Reliance Insurance Company appeals a partial summary judgment holding
... The order under review is reversed and the cause remanded with directions to enter judgment in
favor of American Reliance. Reversed and remanded.
177-CITE: 563 So.2d 1132 Marie SUGGS, Appellant, v. Elliott ALLEN and Trisha Allen, Appellees.
TEXT: NIMMONS, Judge. Appellant, plaintiff below, appeals from a final summary judgment for the
de...rt. *1134 denied 246 So.2d 787 (Fla.1971); 49 Fla.Jur.2d Summary Judgment Section 36, p. 466.
REVERSED and REMANDED. SMITH and ALLEN, JJ., concur.
178-CITE: 611 So.2d 10 Gloria S. BONNER, and Jacqueline Farrow, Appellants, v. MIRROR LAKES HOMEOWNERS
ASSOC., INC., a Florida corporation, Ruth Grossman, Frank Champa, Pauline Shusko, Norman Bleshman,
Bernard Weber, William Watts, Martine Wilson & Jules Schneider, and Board of Directors of Mirror
Lakes Homeowners Assoc., Inc., Appellees.
TEXT: PER CURIAM. The appellants, two homeowner members of the Mirror Lakes Homeowners
Association... Accordingly, we reverse and remand for further proceedings consistent herewith.
ANSTEAD and DELL, JJ., and WALDEN, JAMES H., Senior Judge, concur.
179-CITE: 732 So.2d 1141 INDEMNITY INSURANCE COMPANY OF NORTH AMERICA a s o Unidas Systems, Inc.,
Appellant Cross-Appellee, v. Lloyd CHAMBERS and Tetra Pak, Inc., Appellees Cross-Appellants.
TEXT: STONE, C.J. Indemnity Insurance Company appeals an award of attorney s fees and expert
witne...itness fees awarded to Tetra Pak is affirmed, and the final judgment for attorney s fees as
to Chambers is reversed. WARNER and GROSS, JJ., concur.
180-CITE: 629 So.2d 1064 HILTON HOTELS CORPORATION, a Delaware corporation, Appellant, v. EMPLOYERS
INSURANCE OF WAUSAU, Appellee.
TEXT: LEVY, Judge. An insured defendant in a slip-and-fall case appeals an adverse summary
judgmen...ounsel for both sides admitted at oral argument that there were no findings of fact
regarding the exact distance of the accident from the gift shop.
181-CITE: 491 So.2d 334 Emory W. SCOTT, Jr., et al., Appellants, v. SANDESTIN CORPORATION, et al.,
Appellees.
TEXT: DAVEY, P. KEVIN, Associate Judge. Appellants, some eighty owners of condominium units in
the...ained in the appellants declarations of condominium precludes a finding of such intent in this
case. Affirmed. WENTWORTH and NIMMONS, JJ., concur.
182-CITE: 727 So.2d 400 Heather Rockastle DOAN, Petitioner, v. JOHN HANCOCK MUTUAL LIFE INSURANCE
COMPANY, Respondent.
TEXT: SORONDO, J. Heather Rockcastle Doan petitions this Court for a Writ of Certiorari to quash
t...e also Allstate Ins. Co. v. Melendez, 550 So.2d 156 (Fla. 5th DCA 1989); State Farm Mut. Auto.
Ins. Co. v. Kelly, 533 So.2d 787 (Fla. 4th DCA 1988).
183-CITE: 502 So.2d 1380 Wanda BROCK, Alan Brock, Reginald Mahaffy, Agnes Mahaffy, Howard Peterson,
Evanna Peterson, William Reidell, Loretta Reidel, Paul Keller, Gloria Keller, Gloria Brock, Chester
Brock, and Edward Stephenson, Appellants, v. The WATERGATE MOBILE HOME PARK ASSOCIATION, INC., a
Florida corporation, William Bernstein, William Reid, Fred Dinardo, Nancy Tramantano, Thomas Deegan,
Rosemary Chancey, Ray Johnson and I. Marie Miller, Appellees.
TEXT: STONE, Judge. This is an appeal from the dismissal of a complaint for failure to allege
suff...he State is not involved either directly or indirectly with the association s activities.
Accordingly, we affirm. ANSTEAD and GUNTHER, JJ., concur.
184-CITE: 524 So.2d 722 SHORES SUPPLY CO., Appellant Cross-Appellee v. AETNA CASUALTY & SURETY CO.,
INC., and Frisa Corporation, Appellees Cross-Appellants. AETNA CASUALTY & SURETY CO., INC.,
Appellant Cross-Appellee v. SHORES SUPPLY CO., Appellee Cross-Appellant.
TEXT: HENDRY, Judge. Shores Supply Company filed an action against Aetna Casualty and Surety
Compa...1987), and that Frisa s claim for a fee award as the prevailing party in its separate
contract action is without any statutory or contractual basis.
185-CITE: 435 So.2d 954 John L. GRADY, Appellant, v. Wade SCAFFE, Appellee.
TEXT: DANAHY, Judge. The appellant, the plaintiff below in this defamation action, appeals from
an... question. The trial judge was correct in dismissing the appellant s complaint with prejudice.
AFFIRMED. BOARDMAN, A.C.J., and GRIMES, J., concur.
186-CITE: 722 So.2d 216 ALLSTATE INSURANCE COMPANY, a corporation, Appellant, v. Salvatore GULISANO and
Eleanor Gulisano, Appellees.
TEXT: QUINCE, Judge. Allstate Insurance Company (Allstate) appeals an order granting Salvatore
and... could have easily been done. Accordingly, we reverse and remand with directions to reinstate
the judgment. PARKER, C.J., and WHATLEY, J., Concur.
187-CITE: 579 So.2d 895 John L. TAYLOR and Nancy Taylor, his wife, Winclare Management Services, Inc.,
and Michael Wheatley, Appellants, v. THE RIDGE AT THE BLUFFS HOMEOWNER S ASSOCIATION, INC., a
Florida not-for-profit corporation, Appellee.
TEXT: PER CURIAM. Appellants-homeowners appeal the trial court s determination that section
163.04...together, the statutes reflect an intent to regulate political entities, not homeowners
associations. GLICKSTEIN, GUNTHER and GARRETT, JJ., concur.
188-CITE: 549 So.2d 1174 Howard L. LAURSEN and Mary E. Laursen, husband and wife, Appellants, v. Floria
GIOLLI and Arline Giolli, husband and wife, Appellees.
TEXT: HALL, Judge. The appellants challenge the final judgment denying their request for an
injunc...th directions that the trial court enter an injunction to enforce the deed restrictions
against the Giollis. CAMPBELL, C.J., and SCHEB, J., concur.
189-CITE: 711 So.2d 84 ALLSTATE INSURANCE COMPANY, Appellant, v. TIG INSURANCE COMPANY, f k a
Transamerica Insurance Company, Appellee.
TEXT: LAWRENCE, Judge. Allstate Insurance Company (Allstate) appeals from a judgment of the trial
...limits in relation to the loss. REVERSED in part, AFFIRMED in part, and REMANDED for consistent
proceedings. BARFIELD, C.J., and WOLF, J., concur.
190-CITE: 556 So.2d 505 LAKEWOOD ON THE GREEN VILLAS ASSOCIATION, INC., a Florida not-for-profit
corporation, Appellant Cross Appellee, v. Irving POMERANTZ and Judith L. Pomerantz, his wife,
Appellees Cross Appellants.
TEXT: DOWNEY, Judge. Appellant, Lakewood On The Green Villas Association, Inc. (Lakewood), sued
Ap...ination of attorney s fees for appellant as the prevailing party. AFFIRMED IN PART; REVERSED
IN PART AND REMANDED. ANSTEAD and LETTS, JJ., concur.
191-CITE: 704 So.2d 689 HOLLUB CONSTRUCTION COMPANY, Appellant, v. Onkar NARULA and Joy Narula, his
wife, Appellees.
TEXT: GREEN, Judge. The appellant, Hollub Construction Company ( Hollub ), appeals a final
judgmen... attorney s fees and remand this cause for a determination of a reasonable attorney s fee
award to Hollub. Reversed and remanded with instructions.
192-CITE: 574 So.2d 293 Charles A. DOUGLAS, etc., et al., Appellants, v. RIVER GROVE I MOBILE HOMEOWNERS
ASSOCIATION, INC., etc., Appellee.
TEXT: GRIFFIN, Judge. Appellants, owners of a mobile home park, seek review of the order below
den....2d 305 (Fla. 3d DCA 1982). These cases are discussed, and the opposing view is expressed, in
1 J. Hauser, Attorney s Fees in Florida 40, 42 (1988).
193-CITE: 714 So.2d 1130 MARINER CAY PROPERTY OWNERS ASSOCIATION, INC., a not-for-profit Florida
corporation, Appellant, v. TOPSIDE MARINA, INC., a Florida corporation, as successor in interest to
Lee A. Ray and Nancy J. Ray, his wife, Martin County, a political subdivision of the State of
Florida, Charles F. Kehoe and Phyllis Kehoe, his wife, Appellees.
TEXT: POLEN, Judge. Mariner Cay Property Owners Association, Inc. ( Mariner Cay ), a homeowner s
a...ehoe, whom the court previously precluded from testifying. REVERSED and REMANDED in accordance
with this opinion. WARNER and SHAHOOD, JJ., concur.
194-CITE: 705 So.2d 686 Irwin J. DINN, Individually and as Trustee, and Janet F. Reid, Appellants, v.
Barbara HAYNES, Appellee.
TEXT: ON MOTION FOR REHEARING KLEIN, Judge. We withdraw our opinion filed on July 2, 1997 and
sub...3 (1993). The minority view, that these can be tort actions, is set forth in Summers v. Hagen,
852 P.2d 1165 (Alaska 1993), and cases cited therein.
195-CITE: 740 So.2d 589 FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF the PALM BEACHES, Appellant, v.
Kim BEZOTTE and Gardens Oaks Homeowner s Association, Appellees.
TEXT: ROTHSCHILD RONALD J., Associate Judge. Appellant sued Appellee Kim Bezotte (Bezotte) to
fore...We reverse the trial courts application of a multiplier and remand for recalculation
consistent with this opinion. SHAHOOD and TAYLOR, JJ., concur.
196-CITE: 707 So.2d 929 The SECURITY MUTUAL LIFE INSURANCE COMPANY OF LINCOLN, NEBRASKA, Appellant
Cross-Appellee, v. DEPARTMENT OF INSURANCE AND STATE TREASURER, Appellee Cross-Appellant.
TEXT: BENTON, Judge. The Security Mutual Life Insurance Company of Lincoln, Nebraska (Security
Mut...ts is reversed, and the matter is remanded for an award of costs and fees. The order is
otherwise affirmed. VAN NORTWICK and PADOVANO, JJ., concur.
197-CITE: 512 So.2d 1125 Scottie N. SINGER, Appellant, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY,
Appellee.
TEXT: DOWNEY, Judge. Scottie N. Singer, appellant, filed an application for a tenant s policy of
h...09(1)(b), Florida Statutes (1983), thus vitiating the policy. The summary judgment appealed
from is affirmed. ANSTEAD and GLICKSTEIN, JJ., concur.
198-CITE: 619 So.2d 974 Joseph R. OREAR, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: BLUE, Judge. The defendant below, Joseph R. Orear (Orear), challenges the granting of a
summ...erage, does not create an insurmountable barrier to coverage. We would suggest that nearly
all accidents have at their beginning an intentional act.
199-CITE: 699 So.2d 337 VILLAGES AT MANGO KEY HOMEOWNERS ASSOCIATION, INC., Appellant, v. HUNTER
DEVELOPMENT, INC., Appellee.
TEXT: ANTOON, Judge. The trial court entered summary judgment in favor of Hunter Development,
Inc....nd this matter to the trial court for further proceedings. REVERSED and REMANDED. W. SHARP,
J., concurs. GRIFFIN, C.J., dissents without opinion.
200-CITE: 615 So.2d 862 Ardiel CARRASQUILLO, Appellant, v. HOLIDAY CARPET SERVICE, INC., Appellee.
TEXT: Corrected Opinion PER CURIAM. Claimant appeals from a summary final judgment entered in
fav...); Pursell v. Sumter Elec. Co-op, Inc., 169 So.2d 515, 518 n. 2 (Fla. 2d DCA 1964).
Accordingly, the final judgment in Holiday s favor is affirmed.
201-CITE: 498 So.2d 528 Efrem JOHNSON, Appellant, v. SUPRO CORPORATION, Appellee.
TEXT: SCHWARTZ, Chief Judge. In 1970, the defendant Supro Corporation, which was engaged in
manufa...031(2), Fla.Stat. (1985); Pullum v. Cincinnati, Inc., 476 So.2d 657 (Fla.1985), appeal
dismissed, -- U.S. --, 106 S.Ct. 1626, 90 L.Ed.2d 174 (1986).
202-CITE: 661 So.2d 24 DORAL MOBILE HOME VILLAS, INC., Appellant, v. DORAL HOME OWNERS, INC., Appellee.
TEXT: ALTENBERND, Judge. The defendant, Doral Mobile Home Villas, Inc., appeals a nonfinal order
a...wner is commonly written as one word, chapter 723, Florida Statutes, employs the term, home
owner. We follow the statutory language in this opinion.
203-CITE: 739 So.2d 664 ISLE OF CATALINA HOMEOWNERS ASSOCIATION, INC., Appellant, v. Janine M. PARDEE,
Appellee.
TEXT: GOSHORN, J. Isle of Catalina Homeowners Association, Inc. ( ICHA ) appeals an order denying
...ess an instrument signed by a majority of the then owners of the lots has been recorded,
agreeing to change said restrictions in whole or in part.
204-CITE: 639 So.2d 78 FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellant, v. John B. McKESSON, Denise R.
McKesson, Holly Lake Association, INC., and Holly Lake Properties, Inc., Appellees.
TEXT: RAMIREZ, JUAN, Jr., Associate Judge. Appellant, Federal National Mortgage Association
(FNMA)...RWISE INDICATE THAT THE LIEN RELATES BACK OR TAKES PRIORITY OVER AN INTERVENING MORTGAGE.
REVERSED AND REMANDED. GUNTHER and STONE, JJ., concur.
205-CITE: 710 So.2d 702 THE OCEAN RITZ OF DAYTONA CONDOMINIUM, etc., Appellant, v. GGV ASSOCIATES, LTD,
et al, Appellee.
TEXT: HARRIS, Judge. The issue herein is whether the economic loss rule bars a negligence action
i...hat was the intent of H.T.P., it would be better for the supreme court to drive that final
coffin-nail. AFFIRMED. DAUKSCH and ANTOON, JJ., concur.
206-CITE: 642 So.2d 812 COMMUNITY ANIMAL HOSPITAL OF DADE, INC. and Centennial, Appellants, v. Mercedes
VARGAS, Appellee.
TEXT: PER CURIAM. Appellant, Community Animal Hospital of Dade, Inc., appeals the order of the
jud...oppel may apply under certain circumstances, this is not an appropriate case for its
application. REVERSED. BARFIELD, MINER and WOLF, JJ., concur.
207-CITE: 527 So.2d 1386 Kurt WALLACH and Old Republic Insurance Company, Appellants, v. Barbara
ROSENBERG and Ralph Rosenberg, Appellees.
TEXT: FERGUSON, Judge. This is an appeal from a jury verdict finding Wallach liable for
negligence...ersons could not differ), rev. denied, 446 So.2d 99 (Fla.1984). In this case reasonable
persons could have reached different conclusions. Affirmed.
208-CITE: 448 So.2d 1029 Henry Lee RILEY, Appellant, v. The STATE of Florida, Appellee.
TEXT: HUBBART, Judge. The central issue raised by this appeal is whether it is unlawful [under
the...or imagined, of irrational violence. I think the established law on this subject is eminently
sound; I would adhere to it as the law of this state.
209-CITE: 594 So.2d 774 HCA GULF COAST HOSPITAL, Appellant, v. ESTATE OF Phyllis E. DOWNING, Deceased,
Appellee.
TEXT: PER CURIAM. The question presented in this case is whether an heir possessed of an
equitable...wning Gray may hold equitable title to the homestead property free from the claim of
creditor HCA. AFFIRMED. ERVIN, ZEHMER and MINER, JJ., concur.
210-CITE: 622 So.2d 1363 Reson Lee WOODS, Jr. and Shaun Woods, Appellants, v. HUNTINGTON FEDERAL SAVINGS
BANK, Appellee.
TEXT: PARKER, Judge. Reson Lee and Shaun Woods (the Woods) appeal the trial court s Amended Final
...ended complaint or counterclaim is impliedly tolled. See Commercial Garden Mall v. Success
Academy, Inc., 453 So.2d 934, 935-36 (Fla. 4th DCA 1984).
211-CITE: 695 So.2d 906 Paul WARTH and Glenda Warth, Appellants, v. STATE FARM FIRE AND CASUALTY
COMPANY, a foreign corporation; Dan Benefield and Oleene Benefield, Virginia Haight, Michael McAdams
and Lynda McAdams, John Smyth and Mary Smyth, Appellees.
TEXT: THREADGILL, Chief Judge. The Warths, plaintiffs in an action for declaratory judgment
seekin...e Montgomery Ward & Co., Inc. v. Hoey, 486 So.2d 1368 (Fla. 5th DCA 1986). Reversed and
remanded for new trial. PATTERSON and FULMER, JJ., concur.
212-CITE: 572 So.2d 963 EUROPCO MANAGEMENT COMPANY OF AMERICA, Appellant, v. Stephen W. SMITH and Ruth
R. Smith, Appellees.
TEXT: ZEHMER, Judge. Europco Management Company of America appeals a final order, entered at the
e...had previously been made regarding additions, and that such consistency could be confirmed by
observing the homes in Southwind II and Bluewater Bay.
213-CITE: 558 So.2d 430 Queen E. HARRIS, a k a Queen Esther HARRIS, Appellant, v. P.S. MORTGAGE AND
INVESTMENT CORP., and Susan M. Hyde, Appellees.
TEXT: PER CURIAM. This is an appeal by the defendant mortgagor Queen E. Harris from a final order
...cutory appeal rule shall not preclude initial review of a non-final order on appeal from the
final order in the cause. ). Reversed with directions.
214-CITE: 711 So.2d 594 Billy L. BOONE, Appellant, v. STATE of Florida, Appellee.
TEXT: KAHN, Judge. Appellant Billy Boone challenges judgments and sentences on seven counts of
gra...o the sort of possession necessary to support the instruction at issue. *597 REVERSED and
REMANDED for a new trial. MICKLE and DAVIS, JJ., concur.
215-CITE: 754 So.2d 160 Grace McMILLAN and Becky Gary, Appellant, v. The OAKS OF SPRING HILL HOMEOWNER S
ASSOCIATION, INC., et al. Appellee.
TEXT: ANTOON, C.J. Grace McMillan and Becky Gary (Appellants) appeal the order granting an
injunct...ndings are supported by the evidence and its conclusions are legally correct. Accordingly,
we affirm. AFFIRMED. DAUKSCH and W. SHARP, JJ., concur.
216-CITE: 622 So.2d 1348 FEDERAL INSURANCE COMPANY, Appellant, v. ALLISTER MANUFACTURING COMPANY, a
foreign corporation doing business in the State of Florida, Appellee.
TEXT: KLEIN, Judge. Plaintiff, after paying its insured s claim for fire damage to his residence,
..., 844 F.2d 1239 (6th Cir.1988); See also, Nash Miami Motors v. Bandel, 160 Fla. 925, 37 So.2d 366
(1948). Reversed. ANSTEAD and DELL, JJ., concur.
217-CITE: 661 So.2d 325 CONTINENTAL INSURANCE COMPANY a s o Gulf National Life Insurance Company,
Appellant, v. James R. KENNERSON, Individually, and Robert L. Higgins, Individually, and J & B
OUTLET, Inc., and James R. Kennerson and Robert L. Higgins d b a J & B Outlet, Inc., Appellees.
TEXT: BENTON, Judge. As a shopping center owner s insurer, Continental Insurance Company
(Continen...1976); Cascade Trailer Court v. Beeson, 50 Wash.App. 678, 749 P.2d 761 (1988).
Affirmed. MINER, J., concurs. WEBSTER, J., concurs in result only.
218-CITE: 700 So.2d 161 UNITED STATES FIRE INSURANCE COMPANY, Appellant, v. The MERIDIAN OF PALM BEACH
CONDOMINIUM ASSOCIATION, INC., a Florida corporation, Appellee.
TEXT: ON MOTION FOR REHEARING POLEN, Judge. We deny appellee s motion for rehearing, but
withdraw...and hold there was no coverage for defective workmanship under the excess policy of
insurance provided by United. WARNER and PARIENTE, JJ., concur.
219-CITE: 515 So.2d 339 Mary Bessent COTE, as Personal Representative of the Estate of Michael Bessent,
deceased, Appellant, v. Michael JOWERS, Appellee.
TEXT: NIMMONS, Judge. Mary Bessent Cote, as the personal representative of the Estate of Michael
B...asons, and because I believe that the majority s opinion places this court s imprimatur on a
senseless and unlawful killing, I respectfully dissent.
220-CITE: 721 So.2d 751 Tom ZERQUERA and Blanca Valdivia, Appellants, v. CENTENNIAL HOMEOWNERS
ASSOCIATION, INC., Appellee.
TEXT: PER CURIAM. Homeowners Tom Zerquera and Blanca Valdivia appeal from an adverse final
judgmen...nd costs against both Zerquera and Valdivia. Affirmed in part; reversed in part; and
remanded for further proceedings consistent with this opinion.
221-CITE: 658 So.2d 601 FRONTIER INSURANCE COMPANY, Appellant, v. PINECREST PREPARATORY SCHOOL INC., a
Florida corporation, Paul Kupfer and Rhonda Kupfer, as Parents and Natural Guardians of Cassandra
Kupfer, a Minor, Appellees.
TEXT: STONE, Judge. We affirm a declaratory judgment holding that a Frontier Insurance general
lia...(Minn.1992). Therefore, construing against the insurer the ambiguity in the exclusion, the
judgment is affirmed. POLEN and STEVENSON, JJ., concur.
222-CITE: 542 So.2d 1050 Gloris CRAWFORD and Edward Crawford, Appellants, v. Walter R. MILLER and Teresa
Miller, Appellees.
TEXT: PER CURIAM. Appellants, who were plaintiffs below, appeal a summary judgment against them.
W...eveiw denied, 389 So.2d 1113 (Fla.1980); Bennett v. Mattison, 382 So.2d 873 (Fla. 1st DCA 1980).
I would reverse for a jury to make these decisions.
223-CITE: 704 So.2d 176 Lisa WESTMORELAND, as Personal Representative of the Estate of Rosemarie
Deslauriers, deceased; Elizabeth Carrero and Laniel Carrero, individually and as Co-Personal
Representatives of the Estates of Lenise Carrero, deceased, and Laniel Carrero, deceased, and as
mother and father of Lenise and Laniel Carrero; and, Jean Deslauriers, individually, and as Personal
Representative of the Estate of Fleurette Deslauriers, a k a Fleurette Lalonde, deceased,
Appellants, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Appellee.
TEXT: ON MOTIONS FOR REHEARING, CLARIFICATION AND CERTIFICATION FARMER, Judge. We substitute the
...f ammonia from a blueprint machine in an architectural firm s offices fell within a pollution
exclusion in a comprehensive general liability policy.
224-CITE: 452 So.2d 672 Mark MEYER, a minor, By and Through his natural mother, Inez MEYER, and Inez
Meyer, individually, Appellants, v. John C. TORREY, Susan L. Torrey, Fidelity Southern Insurance
Co., and Be-Mac s Services, Florida Farm Bureau Casualty Insurance Co., Appellees. and John C.
TORREY, Susan L. Torrey, Fidelity Southern Insurance Co., Cross-Appellants, v. BE-MAC S SERVICES,
Florida Farm Bureau Casualty Insurance Co., Cross-Appellees.
TEXT: CAMPBELL, Judge. Appellants appeal final summary judgments entered against them on their
com...nt. See also Greenhouse Inc. v. Thiermann, 288 So.2d 566 (Fla. 2nd DCA 1974). 396 So.2d at
266. Affirmed. BOARDMAN, A.C.J., and OTT, J., concur.
225-CITE: 655 So.2d 146 Frank MARRONE, Appellant, v. STATE FARM FIRE AND CASUALTY INSURANCE COMPANY,
Appellee.
TEXT: KLEIN, Judge. The trial court directed a verdict against appellant because of his
undisputed...s frivolous and direct the trial court to award attorney s fees and costs under section
57.105, Florida Statutes. GUNTHER and SHAHOOD, JJ., concur.
226-CITE: 664 So.2d 972 Frank MARRONE, Appellant, v. STATE FARM FIRE AND CASUALTY INSURANCE COMPANY,
Appellee.
TEXT: KLEIN, Judge. We withdraw the opinion filed May 3, 1995 and substitute the following
opinion...m and direct the trial court to award appellate attorney s fees and costs under section
57.105, Florida Statutes. GUNTHER and SHAHOOD, JJ., concur.
227-CITE: 479 So.2d 112 DEPARTMENT OF BUSINESS REGULATION, DIVISION OF LAND SALES, etc., Petitioner, v.
Herman E. SIEGEL, Respondent. TOWERS OF QUAYSIDE HOMEOWNERS ASSOCIATION, Petitioner, v. Herman E.
SIEGEL, Respondent.
TEXT: OVERTON, Justice. These petitions seek review of the decision of the Third District Court
of...ove the ruling of the Divisions of Land Sales and Condominiums. It is so ordered. BOYD, C.J.,
and ADKINS, McDONALD, EHRLICH and SHAW, JJ., concur.
228-CITE: 641 So.2d 467 MIAMI COUNTRY DAY SCHOOL, Appellant, v. Irving BAKST and Jackie Bakst,
Appellees.
TEXT: BASKIN, Judge. Miami Country Day School [School] appeals a non-final order ruling that the
h...e stresses and strains of misfortune. Collins v. Collins, 150 Fla. 374, 377, 7 So.2d 443, 444
(1942). Accordingly, the order is affirmed. Affirmed.
229-CITE: 547 So.2d 319 Roy LATHAN, et al., Appellants, v. HANOVER WOODS HOMEOWNERS ASSOCIATION, INC.,
Appellee.
TEXT: SHARP, Judge. The Lathans appeal from a final judgment which granted Hanover Woods
Homeowner...ty, games and play structures, swimming pools and tennis courts, removal of trees of a
certain size and greater, mailboxes, and signs, respectively.
230-CITE: 594 So.2d 802 James Walter TODD, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Judge. On March 18, 1990, appellant entered the Lighthouse Church and stole $110
fr...t meet the test of causation historically or currently required in Florida for conviction of
manslaughter. REVERSED. COBB and HARRIS, JJ., concur.
231-CITE: 587 So.2d 455 Paul GORMLEY, et al., Petitioners, v. GTE PRODUCTS CORPORATION, Respondent.
TEXT: PER CURIAM. We review Gormley v. GTE Products Corp., 549 So.2d 729 (Fla. 3d DCA 1989),
based... the law and the evidence because it heard prejudicial evidence. I would not do that and
would approve the decision of the district court of appeal.
232-CITE: 630 So.2d 668 STATE FARM FIRE AND CASUALTY COMPANY, a foreign corporation, Appellant, v.
William Terry CALDWELL and Verus Hilling, Appellees.
TEXT: FARMER, Judge. The issue is whether the purposeful and deliberate act of striking another
pe...), cert. denied, 386 So.2d 639 (Fla.1980). Because State Farm did not separately appeal the
cost judgment timely, we lack jurisdiction to review it.
233-CITE: 573 So.2d 128 Fred C. MEISTER and Barbara M. Meister, individually and as parents and natural
guardians of Alan Meister, a minor, and William Koltchigin and Carmen Koltchigin, individually and
as parents and natural guardians of Dwayne Koltchigin, a minor, Appellants, v. UTICA MUTUAL
INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Appellants seek review of a summary final declaratory judgment holding that
thei...alf of the appellants on the issue of coverage. REVERSED AND REMANDED. ANSTEAD, GLICKSTEIN,
JJ., and OFTEDAL, RICHARD L., Associate Judge, concur.
234-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.
235-CITE: 468 So.2d 545 UNITED STATES AUTOMOBILE ASSOCIATION, Appellant, v. The HARTFORD INSURANCE
COMPANY, Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. United States Automobile Association (USAA) appeals from a
fi...tford secondarily liable. Accordingly, Hartford is entitled to attorney s fees for defending
Amato. AFFIRMED. COBB, C.J., and DAUKSCH, J., concur.
236-CITE: 500 So.2d 250 Estella Kohler LEPPERT, Appellant, v. LAKEBREEZE HOMEOWNERS ASSOCIATION, INC., a
non-profit corporation, and its Board of Directors, Appellees.
TEXT: NIMMONS, Judge. This is an appeal from a circuit court order dismissing with prejudice four
...rida Statutes (1985), is REVERSED and the cause is REMANDED for further proceedings consistent
with this opinion. MILLS and WENTWORTH, JJ., concur.
237-CITE: 641 So.2d 175 AMERICAN STATES INSURANCE COMPANY, Petitioner, v. KRANSCO, a foreign
corporation, et al., Respondents.
TEXT: COBB, Judge. American States Insurance Co. (ASI), insurer of defendants Jayme and Carol
Jaco...ck its possible motivations. We grant the petition for certiorari and quash the discovery
order entered below. GOSHORN and DIAMANTIS, JJ., concur.
238-CITE: 625 So.2d 15 Edward C. SWEENEY and Sandra S. Sweeney, husband and wife, Appellants, v. Paul M.
MACK and Patricia J. Mack, husband and wife, Appellees.
TEXT: GRIFFIN, Judge. Defendants, Edward C. and Sandra S. Sweeney (the Sweeneys ), have appealed
t...rneys fees, also appealed, is reversed. REVERSED and REMANDED with instructions to vacate the
injunction. HARRIS, C.J., and DIAMANTIS, J., concur.
239-CITE: 752 So.2d 19 Stanley M. QUAGGIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Stanley Quaggin appeals his manslaughter conviction and sentence of fifteen
year...e so fundamental as to require reversal. ) (citations omitted). REVERSED and REMANDED for a
new trial. W. SHARP, GOSHORN and GRIFFIN, JJ., concur.
240-CITE: 553 So.2d 708 Terry FITZGERALD, as mother and next friend of Brandi Fitzgerald, a minor,
Appellant, v. Jan CESTARI, Maria Cestari, his wife and Mary B. Cestari, Appellees.
TEXT: PER CURIAM. The dissent occasions this opinion. While the dissent discusses many of the
fac...have gone to the jury. Therefore, I respectfully dissent from the majority s affirmance of the
trial court s summary judgment in favor of appellees.
241-CITE: 578 So.2d 14 BOCA WEST CLUB, INC., a Florida not-for-profit corporation, Appellant, v. Paul
LEVINE and Marcia Levine, Appellees.
TEXT: WARNER, Judge. This is an appeal from a final summary judgment in favor of a suspended
membe...refore reverse the final judgment of the trial court and remand for entry of judgment in
favor of the appellant. GLICKSTEIN and STONE, JJ., concur.
242-CITE: 678 So.2d 1310 A.M. HOCHSTADT, as last remaining director of Interlaken Development
Corporation, Appellant Cross-Appellee, v. Wayne A. GERL and Susan G. Gerl, Appellees
Cross-Appellants, v. RESOLUTION TRUST CORPORATION, as conservator of AmeriFirst Bank, and The
Sanctuary Homeowners Association, INC., Appellees.
TEXT: STEVENSON, Judge. This is an appeal from a final judgment of mortgage foreclosure. The
prima...es. Speaking for myself only, these motions also have the effect of diminishing my ardor for
the arguments of lawyers who so squander our attention.
243-CITE: 596 So.2d 1223 Theodore GIBSON, Appellant Cross-Appellee, v. Stephanie GIBSON, Appellee
Cross-Appellant.
TEXT: DANAHY, Judge. In this appeal from a final judgment of dissolution of marriage, the husband
... that part of the judgment ordering the husband to provide medical and dental health insurance
for the child. RYDER, A.C.J., and LEHAN, J., concur.
244-CITE: 497 So.2d 1286 Ernesto ALAVA, a minor, By and Through his parents and natural guardians,
Avilio ALAVA and Alicia Martinez, Appellants, v. ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: BASKIN, Judge. Ernesto Alava, a minor, appeals a final judgment in favor of Allstate
Insuran... we reverse the final judgment and remand the cause to the trial court for further
proceedings consistent with this opinion. Reversed and remanded.
245-CITE: 492 So.2d 686 ROLLING OAKS HOMEOWNER S ASS N, INC., Mildred Harris and Barry Young,
Appellants, v. DADE COUNTY, a political subdivision of the State of Florida, and Sergio Pereira,
County Manager, Emil Morton, Lottie Morton, individually, and as Trustee, Lawrence Morton,
individually and as Trustee, d b a Morton Properties; Dolphin Stadium Corp., a Florida corporation;
State of Florida, Department of Community Affairs and Department of Transportation; South Florida
Regional Planning Council, Appellees.
TEXT: PER CURIAM. The appellants, Rolling Oaks Homeowners Ass n, Inc., Mildred Harris and Barry
Yo... of said counts if, as and when any of said counts becomes viable. DOWNEY, JAMES C., DELL,
JOHN W., and WALDEN, JAMES H., Associate Judges, concur.
246-CITE: 738 So.2d 522 Phyllis M. LAW, Appellant, v. Robert R. LAW, Barbara Law, Kimberly Pero and
Teresa Fitzsimmons, Appellees.
TEXT: KLEIN, J. Appellant is the former wife of appellee Robert Law and has a judgment against
him...r s name. Whether Robert s intent was fraudulent was an issue of fact, and there was evidence
to support the trial court s rejection of this theory.
247-CITE: 680 So.2d 588 James E. LAMBERT, Germain Seguin, Madeleine Seguin, Ray Griffin and L.E.
Olmstead, Jr. & Associates, Inc., Appellants Cross-app