Landlords
Results 1-89
1-CITE: 526 So.2d 179 Paul J. SALMONTE, Appellant Cross-Appellee, v. Richard A. EILERTSON and Mildred
C. Eilertson, Appellees Cross-Appellants.
TEXT: PER CURIAM. This cause is before us on appeal and cross appeal of a jury verdict in a
landlo...es. Attorney fees and costs are granted appellees, the amount to be fixed by the trial
court on remand. BOOTH, THOMPSON and WIGGINTON, JJ., concur.
2-CITE: 521 So.2d 363 Theron R. DURDEN and Lorraine T. Durden, his wife, Petitioners, v. COMPASS
POINTS, INC., and Century 21 Compass Points, Inc., Respondents.
TEXT: DAUKSCH, Judge. This matter is before the court upon a petition for writ of certiorari to
th...judgment. The circuit court cannot be faulted for something not presented to it properly.
CERTIORARI DENIED. SHARP, C.J., and DANIEL, J., concur.
3-CITE: 634 So.2d 300 Delores BLANKENSHIP, Appellant, v. Dale Dean ROTHS and John Dean, Appellees.
TEXT: ERVIN, Judge. Appellant, Delores Blankenship, appeals a summary judgment entered against
her...Children s Ass n v. Harigel, 479 So.2d 831, 833 (Fla. 1st DCA 1985). REVERSED and REMANDED
for further proceedings. MICKLE and DAVIS, JJ., concur.
4-CITE: 646 So.2d 275 Larry M. ANDERSON, Appellant, v. Aldo FIOCCHI, Dorothy Fiocchi, John Caselli,
Rose Caselli and Faye L. Roberts, Appellees.
TEXT: BLUE, Judge. Larry Anderson challenges an adverse summary judgment that determined there
was...e summary judgment. Accordingly, we reverse and remand for proceedings consistent with this
opinion. CAMPBELL, A.C.J., and SCHOONOVER, J., concur.
5-CITE: 465 So.2d 524 THE FLORIDA BAR, Petitioner, v. William K. MICKENS, Jr., Respondent.
TEXT: PER CURIAM. This cause is before us on the complaint of The Florida Bar and the report of
th...VERTON, Acting C.J., and ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur. ------------ (FN*)
We have jurisdiction. Art. V. Section 15, Fla. Const.
6-CITE: 696 So.2d 1211 Myrna CUADRA, as Personal Representative of the Estate of Francisco Javier
Cuadra, Appellant, v. SOUTH FLORIDA APARTMENTS I, LTD., and Professional Management, Appellees.
TEXT: PER CURIAM. In the underlying suit, the plaintiff, the personal representative of a tenant
w...nts motion for summary judgment. Fla.R.Civ.P. 1.510. *1212 Accordingly, we reverse and remand
for further proceedings consistent with this opinion.
7-CITE: 468 So.2d 337 Wilton ESKRIDGE and Betty Eskridge, Appellants, v. MACKLEVY, INC., a
corporation, Appellee.
TEXT: SHIVERS, Judge. Wilton and Betty Eskridge (Eskridge) appeal final judgment in favor of
Mackl... is reversed and remanded for the entry of a judgment consistent with this opinion. BOOTH,
J., and TILLMAN PEARSON (Ret.), Associate Judge, concur.
8-CITE: 627 So.2d 1258 AMERIVEND CORPORATION, Appellant, v. WEST DADE LTD., a Florida limited
partnership; West Dade, Ltd., II, a Florida limited partnership; South Florida I, Ltd., a Florida
limited partnership; Little Havana Ltd., a Florida limited partnership; and Rolando Barrero,
Appellees.
TEXT: COPE, Judge. Amerivend Corp. appeals an order imposing a sanction of $2,000 for contempt.
We...s against the appellee landlords. *1260 we quash the adjudication of contempt and the
imposition of sanctions pursuant thereto. Certiorari granted.
9-CITE: 547 So.2d 349 Carmen OLAVE, Appellant, v. Donald F. HOWARD and Virginia Howard, Appellees.
TEXT: PER CURIAM. Appellant, who was plaintiff below, appeals an adverse summary judgment.
Plaint...ont of the demised premises. We agree with appellant that the issue was not raised by the
motion for summary judgment and is not properly before us.
10-CITE: 608 So.2d 844 Martin L. ROBBINS, M.D., P.A., et al., Appellants, v. I.R.E. REAL ESTATE FUND,
LTD., et al., Appellees.
TEXT: NESBITT, Judge. Tenants of a commercial building complex appeal an adverse declaratory
judgm...aried personnel to collect these unauthorized charges cannot be termed operating expenses
and cannot be passed on to tenants. The motion is denied.
11-CITE: 581 So.2d 900 THE FLORIDA BAR, Petitioner, v. FLORIDA SERVICE BUREAU, INC., Respondent.
TEXT: McDONALD, Justice. This is an action brought by The Florida Bar against Florida Service
Bure...au with the unauthorized practice of law is dismissed. It is so ordered. SHAW, C.J., and
OVERTON, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
12-CITE: 531 So.2d 397 Sy COLE and Clyde Moore, Appellants, v. Seymour MENDELSOHN, Mendelsohn s of New
York, and C & J Deli Depot, Appellees.
TEXT: WALDEN, Judge. Landlords, Sy Cole and Clyde Moore, filed suit in the county court against
th...iled by tenants. Reversed and remanded to the circuit court for further proceedings consistent
herewith. HERSEY, C.J., and GLICKSTEIN, J., concur.
13-CITE: 680 So.2d 607 Ross PALAZZOLO d b a Safety Harbor Chiropractic Clinic, Appellant, v. Jack L.
FESSLER, Elaine A. Fessler, and Pick KWIK Holdings, Inc., f k a JFI Corporation, Appellees.
TEXT: BLUE, Judge. Ross Palazzolo, d b a Safety Harbor Chiropractic Clinic (tenant), appeals the
p... as to count one is reversed and the case remanded for further proceedings. Reversed and
remanded. SCHOONOVER, A.C.J., and ALTENBERND, J., concur.
14-CITE: 474 So.2d 917 Steven FLYNN, Appellant, v. Harry A. BOGGS and Betty J. Boggs, his wife,
Appellees.
TEXT: PER CURIAM. We reverse the summary judgment entered in favor of the appellees-landlords and
... cause for further proceedings in accord with the decision in Mansur v. Eubanks, 401 So.2d 1328
(Fla.1981). DOWNEY, ANSTEAD and LETTS, JJ., concur.
15-CITE: 505 So.2d 1319 THE FLORIDA BAR, Complainant, v. William K. MICKENS, Jr., etc., Respondent.
TEXT: PER CURIAM. This unauthorized practice of law proceeding concerns a nonlawyer tenant
evictio.... McDONALD, C.J., concurs in the referee s findings and imposition of a fine of
$1,000.00, but dissents from the provision requiring incarceration.
16-CITE: 638 So.2d 105 Brett SMITH, a minor, by and through his Parents, William SMITH and Leonor
Smith, Appellant, v. Hugo ORTIZ and Maria Ortiz, Appellees.
TEXT: PER CURIAM. There are genuine issues of material fact, for example whether the landlords
had...the alleged defect. Accordingly, we reverse the final summary judgment and remand for further
proceedings. Holl v. Talcott, 191 So.2d 40 (Fla.1966).
17-CITE: 639 So.2d 86 Robert M. WINSLOW, Alton C. Loudermilk and E. Kim Evans, Appellants, v. FIRST
UNION NATIONAL BANK OF FLORIDA, Appellee.
TEXT: GRIFFIN, Judge. Appellants Robert Winslow, Alton Loudermilk, and Kim Evans, plaintiffs
below...ction of the bank should act to just-as-heavily tip the scales of equity to appellants and
cause the judge to rule in favor of appellants on remand.
18-CITE: 676 So.2d 502 Carlos BADARACO, Appellant, v. SUNCOAST TOWERS V ASSOCIATES, Appellee.
TEXT: GERSTEN, Judge. Appellant, Carlos Badaraco ( tenant ), appeals the dismissal of his
complain...tended to effect self-help eviction, the trial court properly dismissed the tenant s
complaint. Accordingly, the order below is affirmed. Affirmed.
19-CITE: 629 So.2d 1108 Thomas GREGORY and Patricia Gregory, Appellants, v. Fred TAYLOR and Greta
Taylor, Appellees.
TEXT: PER CURIAM. AFFIRMED. DELL, C.J., and PARIENTE, J., concur. GLICKSTEIN, J., dissents with
... final judgment. Accordingly, I would reverse the summary final judgment entered in favor of
appellees landlords and remand for further proceedings.
20-CITE: 559 So.2d 307 Venceslao NARDI, et al., Appellants, v. CONTINENTAL NATIONAL BANK, Appellee.
TEXT: PER CURIAM. Venceslao Nardi and several closely held corporations owned by him appeal an
adv...f situation presented here, and does not undercut the principles announced in 4715 Realty
Corporation v. Central Bank & Trust Co., 301 So.2d at 793.
21-CITE: 614 So.2d 555 HORATIO ENTERPRISES, INC., Petitioner, v. Martin RABIN, Marilyn Rabin, and
Stanley Rabin, Respondents.
TEXT: PER CURIAM. Horatio Enterprises, Inc., petitions for a writ of certiorari to quash an order
...ompletely shut down the restaurant. Professional Sav. Bank v. Fowler, 566 So.2d 28 (Fla. 3d DCA
1990). For these reasons, I would deny the petition.
22-CITE: 708 So.2d 640 FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, an agency of the State
of Florida, Appellant, v. Irwin S. MORSE, M.D., Appellee.
TEXT: FLETCHER, Judge. The Florida Department of Health and Rehabilitative Services [HRS] appeals
...es to Dr. Morse is reversed. ------------ (FN2) Our review of the record satisfies us that issues
sufficient to preclude such a finding were raised.
23-CITE: 605 So.2d 868 THE FLORIDA BAR RE ADVISORY OPINION--NONLAWYER PREPARATION OF AND REPRESENTATION
OF LANDLORD IN UNCONTESTED RESIDENTIAL EVICTIONS.
TEXT: PER CURIAM. Pursuant to rule 10-7.1(b) of the Rules Regulating The Florida Bar, Doris A.
Bun...r. Therefore, we request that The Florida Bar s Standing Committee on Simplified Legal Forms
draft and submit such a form for this Court s approval.
24-CITE: 627 So.2d 485 THE FLORIDA BAR RE ADVISORY OPINION--NONLAWYER PREPARATION OF AND REPRESENTATION
OF LANDLORD IN UNCONTESTED RESIDENTIAL EVICTIONS.
TEXT: PER CURIAM. In The Florida Bar re Advisory Opinion--Nonlawyer Preparation of and
Representat...ot address actions for recovery of past due rent and was not intended to authorize
property managers to seek money judgments on behalf of landlords.
25-CITE: 597 So.2d 926 COIN LAUNDRY EQUIPMENT COMPANY, INC., Appellant, v. David GILBERT and Harlen
Johnson, Appellees.
TEXT: PER CURIAM. Appellant, Coin Laundry Equipment Company, Inc., also known informally as CLEC
C... appellees to file suit upon performance of all conditions precedent to the institution of suit.
REVERSED. ZEHMER, MINER and WEBSTER, JJ., concur.
26-CITE: 488 So.2d 909 Lucy QUICK and Michael Quick, her son, Appellants, v. STATE FARM FIRE AND
CASUALTY COMPANY, Appellee.
TEXT: MILLS, Judge. Lucy Quick, for herself and for her minor son, appeals from entry of final
sum...re not covered by the policy or on the policy s unambiguous exclusion of the type of injury
alleged. Affirmed. WENTWORTH and NIMMONS, JJ., concur.
27-CITE: 639 So.2d 617 FLANIGAN S ENTERPRISES, INC., Petitioner, v. BARNETT BANK OF NAPLES, et al.,
Respondents.
TEXT: SHAW, Justice. We have for review Flanigan s Enterprises, Inc. v. Barnett Bank, 614 So.2d
11...la.Stat (1977). The cases identified by the district court as being in conflict with its ruling
are distinguishable, and we find no actual conflict.
28-CITE: 456 So.2d 1309 The STATE of Florida, Appellant, v. James W. GREEN and Walter J. Vogel,
Appellees.
TEXT: DANIEL S. PEARSON, Judge. At stake in this appeal are the competing claims of the landlords
...s certificates of stock, bonds, promissory notes, and franchises. (citations omitted) *1314
Favorite, 407 A.2d at 977. Accordingly, I would affirm.
29-CITE: 538 So.2d 1325 VETERANS GAS COMPANY, Appellant Cross-Appellee, v. Wanda Gail GIBBS, Faye A.
Shaw, and Joseph B. Shaw, Appellees Cross-Appellants, v. Allen S. PHILLIPS, Appellee Cross-Appellee.
TEXT: ERVIN, Judge. Pursuant to cross-appellant Joseph B. Shaw s notice of abandonment of his
cros...------ (FN1) In fact, the Standard Instruction 3.5(i), concerning the duty owed by commercial
lessors to commercial lessees, was given in this case.
30-CITE: 448 So.2d 1208 Elvina DURENE, Petitioner, v. Ancel ALCIME, Respondent.
TEXT: HENDRY, Judge. Elvina Durene petitions this Court for a writ of certiorari to review a
final...mpose a claim upon the security deposit. Thus, that fund of money is no longer available to
the landlord or to the court for the payment of damages.
31-CITE: 498 So.2d 451 S.A. RIZZO and W. George Kennedy, Appellants, v. NARANJA LAKES CONDOMINIUM
ASSOC. NUMBERS ONE, TWO, THREE, FOUR AND FIVE, Appellees.
TEXT: SCHWARTZ, Chief Judge. The trial judge ruled that the developers-landlords under a 99-year
... alternative argument for affirmance has been rejected by this court in Naranja Lakes Condominium
Ass n v. Rizzo, 490 So.2d 1266 (Fla. 3d DCA 1986).
32-CITE: 689 So.2d 1205 THE GAP, INC., Appellant, v. BRAZILIAN BEAT TOUR, INC., etc., et al.,
Appellees.
TEXT: SCHWARTZ, Chief Judge. The Gap, a tenant at a shopping center, sued the landlords and the
up... Lock Scaffolding Rental Equip. Co., 374 So.2d 487 (Fla.1979); University Plaza Shopping Ctr.,
Inc. v. Stewart, 272 So.2d 507 (Fla.1973). Affirmed.
33-CITE: 629 So.2d 894 PROSPECTIVE TENANT REPORT, INC., Dueane L. Burnes, Owner, Appellant, v.
DEPARTMENT OF STATE, DIVISION OF LICENSING, Appellee.
TEXT: DANAHY, Acting Chief Judge. Prospective Tenant Report, Inc. [PTR] appeals from final agency
... exercise jurisdiction over PTR. Reversed and remanded with instructions to vacate the cease and
desist order. PARKER and ALTENBERND, JJ., concur.
34-CITE: 707 So.2d 865 Vivienne CLEMENTE and Jose Louis Herrada, Appellants, v. Donald E. HORNE and
Dottie Lee Horne, Appellees.
TEXT: GREEN, Judge. Vivienne Clemente and her former husband, Jose Louis Herrada appeal the
involu...r the intentional infliction of emotional distress does not properly lie and the trial
court s dismissal of this action must be affirmed. Affirmed.
35-CITE: 451 So.2d 1034 STORER CABLE T.V. OF FLORIDA, INC., Appellant, v. SUMMERWINDS APARTMENTS
ASSOCIATES LTD., a Florida limited partnership, Appellee.
TEXT: PER CURIAM. This appeal questions the appropriateness of the trial judge declaring Section
8... the future, additional cable installations that more significantly restrict a landlord s use
of the roof of his building will be made. Affirmed.
36-CITE: 685 So.2d 870 LAND O SUN REALTY LTD., Alan S. Fogg, Jr., Individually and as General Partner
of Land O Sun Realty, Ltd., Steven M. Fogg, Individually and as General Partner of Land O Sun
Realty, Ltd., Suzanne Fogg Rentz, as General Partner of Land O Sun Realty, Ltd., C Store Realty,
Ltd., C Store Management Corporation, as General Partner of C Store Realty, Ltd., Richard D. Rentz,
Individually and F.S. Disposition, Inc., f k a Farm Stores, Inc., Lennar Florida Partners I, L.P.
and Lennar Florida Land V Q.A., Ltd., Appellants, v. REWJB GAS INVESTMENTS, a Florida General
Partnership; FS Convenience Stores, Inc., a Florida Corporation, as General Partner of REWJB Gas
Investments and Toni Gas and Food Stores, Inc., a Florida Corporation, as General Partner of REWJB
Gas Investments, Appellees.
TEXT: SCHWARTZ, Chief Judge. The parties lease agreement provided: 3. The term of [each of] the
[...of the parties and their freedom to contract. I would reverse and remand with instructions to
the trial court to enter judgment for the appellants.
37-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.
38-CITE: 596 So.2d 676 Diane RAY, f k a Diane Castano, Appellant, v. TAMPA WINDRIDGE ASSOCIATES, LTD.,
a Florida limited partnership; Lincoln Property Company No. 543, Ltd., a Florida limited
partnership; and Lincoln Property Company, a foreign corporation, Appellees.
TEXT: LEHAN, Judge. We reverse the summary judgment entered for defendants in this suit for
person...epted from section 83.47 by section 83.51(2)(a). Reversed and remanded for proceedings
consistent herewith. RYDER, A.C.J., and PARKER, J., concur.
39-CITE: 625 So.2d 852 Edward THAL and Leonard Thal, as partners of E & L Thal Partnership, a Florida
partnership, Appellants, v. S.G.D. CORPORATION, a Florida corporation, and The City of Miami Beach,
Appellees.
TEXT: PER CURIAM. In this eviction proceeding, we reverse the trial court s order refusing to
evic...protect himself. Cunningham et al., supra, Section 6.68, at 385. We see no reason to decide
this commercial dispute on equitable grounds. Reversed.
40-CITE: 748 So.2d 1077 Teresa E. BROWN, etc., et al., Appellants, v. SUNCHARM RANCH, INC., etc., et
al., Appellees.
TEXT: ANTOON, C.J. The issue raised in this premises liability case is whether liability for
injur...ority does not constitute sufficient control over the leased premises for purposes of
imposing liability. AFFIRMED. DAUKSCH and COBB, JJ., concur.
41-CITE: 445 So.2d 347 SOUTHEAST BANKS TRUST COMPANY, N.A., Trustee, Appellant, v. HIGGINBOTHAM
CHEVROLET-OLDSMOBILE, INC., Appellee.
TEXT: COBB, Judge. The appellee herein, Dennis Higginbotham, purchased an automobile dealership
*3...f a building is a structural element, and in entering judgment for the plaintiff below.
REVERSED. FRANK D. UPCHURCH, Jr., and COWART, JJ., concur.
42-CITE: 493 So.2d 417 STORER CABLE T.V. OF FLORIDA, INC., Appellant, v. SUMMERWINDS APARTMENTS
ASSOCIATES, LTD., Appellee. DYNAMIC CABLEVISION OF FLORIDA, INC., et al., Appellants, v. LENNAR
CORPORATION, Appellee.
TEXT: OVERTON, Justice. The appellants in these consolidated cases appeal the decisions reported
a... rent their homes by enabling them to obtain the benefit of an important communications medium
and does so by reasonable means. I therefore dissent.
43-CITE: 508 So.2d 538 BRADENTON MALL ASSOCIATES, a Florida General Partnership; Fred A. Beshara; Fred
M. Beshara; James M. Beshara; Nicholas Manos; Dorothy Manos; Bradenton Mall Holding Corporation;
Dorothy Manos, as personal representative of Nicholas Manos, deceased; James M. Beshara, as personal
representative of Fred A. Beshara, deceased; and the Edward J. Debartolo Corporation, Petitioners,
v. Pamela E. HILL, Respondent.
TEXT: PER CURIAM. Petitioners seek a writ of certiorari to quash an order of the circuit court
whi...and the matter remanded with directions for further proceedings consistent with this opinion.
RYDER, A.C.J., and SCHOONOVER and FRANK, JJ., concur.
44-CITE: 589 So.2d 976 Paulette LAROCHELLE, Appellant, v. WATER & WAY LIMITED d b a Harbour View
Apartments, Appellee.
TEXT: PER CURIAM. We reverse and remand for further proceedings on the authority of Holley v. Mt.
...to those economically forced to reside closer to our inner cities than to those in, for lack of a
more descriptive term, better class neighborhoods.
45-CITE: 474 So.2d 372 Hazel LOCKAMY and Philip Lockamy, her husband, Appellants, v. Gregory BYRNE and
Elva Byrne, Appellees.
TEXT: PER CURIAM. We find that the trial court correctly granted summary judgment in favor of the
...aused by his own negligence, and would reverse the summary judgment as to all reasons stated by
the trial court, and remand for further proceedings.
46-CITE: 627 So.2d 68 Chris KITSOPOULOS and Elizabeth Kitsopoulos, his wife, Appellant, v. MATHERS
BRIDGE RESTAURANT, INC., Appellee.
TEXT: GRIFFIN, Judge. This is an appeal of a judgment in favor of the defendant below, Mathers
Bri... to protect its invitees against the danger foreseeably created by loose boards on its dock.
REVERSED and REMANDED. DAUKSCH and COBB, JJ., concur.
47-CITE: 625 So.2d 982 Michael O NEIL, Gloria O Neil, his wife, and Kevin O Neil and Synergy Gas
Corporation, Appellants, v. Jasmine GILBERT, Appellee.
TEXT: SCHWARTZ, Chief Judge. The plaintiff Jasmine Gilbert recovered a jury verdict and the
judgme...75), cert. denied, 429 U.S. 998, 97 S.Ct. 524, 50 L.Ed.2d 608 (1976); see also Lawrence v.
Florida East Coast R.R., 346 So.2d 1012, 1015 (Fla.1977).
48-CITE: 598 So.2d 223 AETNA LIFE INSURANCE COMPANY, Appellant, v. Ford S. HAUSMAN, etc., et al.,
Appellees.
TEXT: GOSHORN, Chief Judge. Aetna Life Insurance Company (Aetna) appeals the final judgment in
fav... dispositive, we do not address Aetna s remaining issues on appeal. REVERSED and REMANDED.
COBB, J. and RICHARDSON, E.J., Associate Judge, concur.
49-CITE: 528 So.2d 400 The FORTE TOWERS, INC., a Florida corporation d b a Forte Towers Apartments,
Appellant, v. Otto LEDERER and Helen Lederer, his wife, Appellees.
TEXT: PER CURIAM. Appellee Lederer sustained injuries when parked car rolled down the entrance
ram...afe architectural or engineering building design with the landlord s duties to provide for
running water, rodent extermination, and garbage removal.
50-CITE: 455 So.2d 1085 Timothy DONOGHUE, Petitioner, v. Kurt L. WALLACH, d b a Hidden Village Mobile
Home Park, Respondent.
TEXT: GRIMES, Acting Chief Judge. This is a petition for writ of certiorari to review a circuit
co...of certiorari and quash the order of the circuit *1088 court which reversed the judgment of the
county court. CAMPBELL and SCHOONOVER, JJ., concur.
51-CITE: 458 So.2d 806 Leonard KLATMAN, Appellant, v. Herman BARNETT and Roslyn Barnett, his wife,
Appellees.
TEXT: PER CURIAM. Affirmed. HERSEY and BARKETT, JJ., concur. GLICKSTEIN, J., concurs specially
w...sitive opinions in the future which respond to changing societal needs. In this instance,
however, the appropriate response seems to be legislative.
52-CITE: 607 So.2d 491 JUPITER MALL REALTY CORP., Appellant, v. ROSNER S INC., a Florida corporation,
Appellee.
TEXT: PER CURIAM. Jupiter Mall Realty Corp. (Jupiter Mall) appeals from a final judgment entered
i..., REVERSED IN PART AND REMANDED. POLEN, JJ., and DIMITROULEAS, WILLIAM P., Associate Judge,
concur. WARNER, J., concurs specially without opinion.
53-CITE: 691 So.2d 596 SANCTUARY OF BOCA, INC., a Florida corporation, Appellant, v. CAREERS USA, INC.,
a Pennsylvania corporation, Appellee.
TEXT: STEVENSON, Judge. This is an appeal from a final order denying the landlord s motion for
pre... the motion for attorney s fees is reversed and this cause remanded for further proceedings.
REVERSED and REMANDED. STONE and WARNER, JJ., concur.
54-CITE: 593 So.2d 1125 EMPLOYEE BENEFIT PLANS, INC., and Comprehensive Benefit Services Company, Inc.,
Appellants, v. RADICE CORPORATE CENTER I, INC., Appellee.
TEXT: DOWNEY, Judge. This is a non-final appeal of an order denying appellant s motion to
dissolve... dissolve the temporary injunction is reversed and the cause is remanded with directions
to dissolve the injunction. LETTS and FARMER, JJ., concur.
55-CITE: 711 So.2d 583 Carol MARKELL, Appellant, v. MI CASA, LTD., a Partnership, and Toppel Partners
Limited Partnership, d b a Camden Court Apartments, a k a Mi Casa Apartments, GFS Management of
Florida, Inc., an involuntarily dissolved Florida corporation, and MIG Camden, Inc., an
involuntarily dissolved Florida corporation, Appellees.
TEXT: KARLAN, Sandy, Associate Judge. Carol Markell, Plaintiff below, appeals from a final
judgmen...is urged to read Judge Klein s concurrence for his discussion on the nature of latent and
patent defects and overlapping liability in today s world.
56-CITE: 647 So.2d 988 LYNCH AUSTIN REALTY, INC., as agent for Heritage Court Associates, Inc.,
Appellant, v. Kathy A. ENGLER, Philip W. Engler, Judith A. Hirsch, and Dennis Hirsch, Appellees
TEXT: LAZZARA, Judge. Lynch Austin Realty, Inc. (Lynch) appeals a final judgment, rendered after
a...for the entry of an amended judgment. Affirmed in part, reversed in part, and remanded with
directions PARKER, A.C.J., and ALTENBERND, J., concur.
57-CITE: 749 So.2d 529 Arthur GRANT, Appellant, v. Roger THORNTON and The John Casey Trust No. 3645,
Appellees.
TEXT: GREEN, Judge. Arthur Grant timely appeals the trial court s order granting summary judgment
...hornton to comply with the Manatee County building code can be evidence of negligence. Reversed
and remanded. BLUE, A.C.J., and DAVIS, J., Concur.
58-CITE: 654 So.2d 966 PRACTICE MANAGEMENT ASSOCIATES, INC., Appellant, v. Scott BITET, Appellee.
PRACTICE MANAGEMENT ASSOCIATES, INC., Appellant, v. Christopher BENOIT, Appellee. PRACTICE
MANAGEMENT ASSOCIATES, INC., Appellant, v. Ricky J. MARTINO, Appellee. PRACTICE MANAGEMENT
ASSOCIATES, INC., Appellant, v. Phyllis M. BURGIO, Appellee. PRACTICE MANAGEMENT ASSOCIATES, INC.,
Appellant, v. Richard MATTEO, Appellee.
TEXT: PER CURIAM. The appellant, Practice Management Associates, Inc. (PMA), challenges the final
...roceedings consistent with this opinion. Affirmed in part, reversed in part and remanded.
DANAHY, A.C.J., and CAMPBELL and PATTERSON, JJ., concur.
59-CITE: 563 So.2d 103 JACK ECKERD CORPORATION, Appellant, v. 17070 COLLINS AVENUE SHOPPING CENTER,
LTD., and Taco Bell Corporation, Appellees.
TEXT: PER CURIAM. The issue presented in this appeal, from an order denying a motion for
temporary...lant has not met the prerequisites for the issuance of an injunction, proving neither
irreparable harm nor inadequate remedy at law, I would affirm.
60-CITE: 449 So.2d 852 The CITY OF ST. PETERSBURG, Florida, Appellant, v. COMPETITION SAILS, INC.,
Appellee.
TEXT: GRIMES, Acting Chief Judge. The City of St. Petersburg as appellant-lessor seeks review of
a...roof. We affirm the judgment insofar as it provides that the city must provide dock space for
Competition Sails. SCHEB and SCHOONOVER, JJ., concur.
61-CITE: 457 So.2d 1110 David BEATTIE, et al., and Area Communications, Inc., Appellants, v. SHELTER
PROPERTIES, IV, U.S. Shelter Corp., and Universal Cable Services, Appellees. Kim STANFORD, et al.,
and Area Communications, Inc., Appellants, v. DEANZA PROPERTIES-XI-LTD., et al., Appellees.
TEXT: ZEHMER, Judge. These two cases present essentially the same legal issue: whether section
83...., holding, inter alia, that the statute is unconstitutional as providing for the taking of
private property for private purposes, and for vagueness.
62-CITE: 621 So.2d 1025 THE FLORIDA BAR RE: APPROVAL OF FORMS PURSUANT TO RULE 10-2.1(a) OF the RULES
REGULATING THE FLORIDA BAR--DEFAULT FORMS.
TEXT: PER CURIAM. The Florida Bar petitions this Court seeking approval of six forms pursuant to
r... with the assistance of: Name: Approved for use under rule 10-2.1(a) of Address: the
Rules Regulating The Florida Bar Telephone Number:
63-CITE: 551 So.2d 1251 CUSHMAN & WAKEFIELD OF FLORIDA, INC., Appellant, v. Marnie Ruth WILLIAMS (f k a
Marnie Ruth Troutman), Louis A. Dombrova, Appellees.
TEXT: PARKER, Judge. Cushman & Wakefield of Florida, Inc., who was the defendant in the trial
cour...f Cushman & Wakefield. *1255 Reversed and remanded for further proceedings consistent with
this opinion. LEHAN, A.C.J., and PATTERSON, J., concur.
64-CITE: 714 So.2d 509 SOUTHEAST FARMS, INC., Appellant, v. AUTO-OWNERS INSURANCE COMPANY, et al.,
Appellees.
TEXT: GOSHORN, Judge. Southeast Farms, Inc. appeals from the summary final judgment in favor of
Au...ability policy, but Auto-Owners attempted to turn it into a premises liability policy by
endorsement. The ensuing ambiguity must be held against it.
65-CITE: 513 So.2d 160 Donald PIERCE and Michele Pierce, his wife, Appellants, v. AALL INSURANCE
INCORPORATED, a Florida corporation, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a summary judgment in a negligence case. The issue
re...iled with an agency or a court risks far more than liability for malpractice. I would reverse.
------------ (FN4) Section 627.727, Fla.Stat. (1981).
66-CITE: 473 So.2d 1345 Antonette FAZIO and Richard Fazio, her husband, Appellants, v. DANIA JAI-ALAI
PALACE, INC., d b a Dania Jai-Alai Fronton, Appellee.
TEXT: DOWNEY, Judge. Antonette and Richard Fazio appeal a final judgment entered upon a jury
verdi...art of appellants case. Thus, it was reversible error to exclude them. REVERSED AND
REMANDED for a new trial. HERSEY, C.J., and LETTS, J., concur.
67-CITE: 603 So.2d 597 WESTERN WORLD, INC., Joe Anderson and Dan Fletcher, Appellants, v. Grace H.
DANSBY, Appellee.
TEXT: WOLF, Judge. Appellants challenge a second amended final judgment upholding a termination
of...court to consider the appellant s defense of waiver and to make the appropriate findings
concerning this defense. ZEHMER and BARFIELD, JJ., concur.
68-CITE: 522 So.2d 973 In re the Matter of the Adoption. Sherman M. BROD, Appellant Attorney, v. The
MATTER OF AN ADOPTION, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, Sherman M. Brod, is the attorney and intermediary
f...nal judgment of adoption. Reversed and remanded. THREADGILL and PARKER, JJ., concur.
------------ (FN3) $500 in 1985, $1,000 after 1987 amendment.
69-CITE: 491 So.2d 1173 William C. HERRELL, Jr. and William C. Herrell, Jr., P.A., Appellants, v.
SEYFARTH, SHAW, FAIRWEATHER & GERALDSON, A partnership doing business in Florida, Appellee.
TEXT: ERVIN, Judge. This is an appeal by nonresidential sublessees from a non-final order of
parti...rprises Corp. v. Smith, 445 So.2d 1032 (Fla. 5th DCA 1984). No issue, however, was before
the court as to the constitutionality of such a condition.
70-CITE: 578 So.2d 376 THE UNITED STATES SHOE CORPORATION, PRECISIONS LENSCRAFTERS DIVISION; Pearle
Vision, INC.; and Cole Vision Corporation, Appellants, v. DEPARTMENT OF PROFESSIONAL REGULATION,
BOARD OF OPTICIANRY, Appellee.
TEXT: PER CURIAM. The appellants, corporate entities who operate retail optical establishments
and...ined in Section 484.003(7) to mean any establishment in the state which offers, advertises,
and performs opticianry services for the general public.
71-CITE: 507 So.2d 1172 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. FORTUNE FEDERAL
SAVINGS AND LOAN ASSOCIATION, f k a First Federal Savings and Loan Association of Clearwater, and
Ronald J. Schultz, Property Appraiser, Pinellas County, Appellees.
TEXT: RYDER, Acting Chief Judge. We are here concerned with the constitutionality of section
337.2... PROPERTY THAN IS NECESSARY TO IMPLEMENT A VALID PUBLIC PURPOSE, CONTRAVENES THE FLORIDA
CONSTITUTION? Affirmed. CAMPBELL and LEHAN, JJ., concur.
72-CITE: 638 So.2d 1044 Michael J. SEYMOUR d b a Seymour Construction, Appellant, v. John P. ADAMS and
Ann D. Adams, Appellees.
TEXT: GRIFFIN, Judge. Michael J. Seymour ( Seymour ) and Seymour Construction Corp. ( Seymour
Cons...ssal of a complaint unless notice cannot be given within the limitation period. See Hospital
Corp. of America v. Lindberg, 571 So.2d 446 (Fla.1990).
73-CITE: 576 So.2d 1294 Jennie HARRIS, et al., Petitioners, v. MARTIN REGENCY, LTD., etc., Respondent.
TEXT: BARKETT, Justice. We have for review Harris v. Martin Regency, Ltd., 550 So.2d 1160 (Fla.
4t...he current statute, the park owner must give one year s notice and either elect to buy the
mobile homes or finance their relocation to another park.
74-CITE: 510 So.2d 985 DEPENDABLE LIFE INSURANCE COMPANY, a corporation, Appellant Cross-Appellee, v.
John J. HARRIS, Appellee Cross-Appellant.
TEXT: SHARP, Judge. Dependable Life Insurance Company appeals from a final judgment after a jury
t...udgment in all regards, but we reverse the award of attorney s fees. AFFIRMED IN PART; REVERSED
IN PART. UPCHURCH, C.J., and ORFINGER, J., concur.
75-CITE: 453 So.2d 844 E.W. LAMBERT, E.W. Lambert, Jr., and Robert C. Seaver, Appellants, v. Brenda
DOE, as Next Friend of Steven Doe, a minor, Appellee.
TEXT: NIMMONS, Judge. This is an appeal by the owners of a Gulf Breeze apartment complex,
Shorelin...D and the case remanded for the entry of an amended final judgment reflecting the
deletion of punitive damages. THOMPSON and BARFIELD, JJ., concur.
76-CITE: 740 So.2d 73 MUNAO, MUNAO, MUNAO and MUNAO, d b a La Buona Vita Mobile Home Park, Appellants,
v. The HOMEOWNERS ASSOCIATION OF LA BUONA VITA MOBILE HOME PARK, INC. and Charles Gaito, Appellees.
TEXT: DELL, J. These consolidated appeals are from a final judgment ordering a rent reduction for
...y, we affirm the final judgments that are the subject of these consolidated appeals in all
respects. AFFIRMED. STEVENSON and HAZOURI, JJ., concur.
77-CITE: 433 So.2d 1242 Nicholas CONTOS and Anne Contos, his wife, Appellants, v. Evalyn LIPSKY, an
individual, Appellee.
TEXT: DANIEL S. PEARSON, Judge. In 1957, the Contoses leased certain land and a restaurant
located... sure that if Bracton and Littleton and Coke had not gone to that great equitable estate
in the sky centuries ago, they would all feel the same way.
78-CITE: 518 So.2d 1285 Dennie Pryse EWEN, III, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. See Berry v. State, 493 So.2d 1098 (Fla. 4th DCA 1986). DOWNEY,
GLICK...fear that by slight rewording each time they rehearse the Terry standard, our courts have
gradually weakened the safeguards of the fourth amendment.
79-CITE: 746 So.2d 1198 BALDWIN SOD FARMS, INC., a foreign corporation, Appellant, v. Hugh D. CORRIGAN
and James P. Corrigan, Jr., as Co-Trustees of the Patricia Corrigan Grantor Reserved Income Trust
and the J. Pat Corrigan Grantor Reserved Income Trust, Appellees.
TEXT: PER CURIAM. Baldwin Sod Farms, Inc. ( Baldwin ) appeals an order evicting Baldwin and
direct...equired by Par. 30 of the lease. Based on the foregoing, we reverse and remand for jury
trial. REVERSED. GUNTHER, POLEN and TAYLOR., JJ., concur.
80-CITE: 570 So.2d 386 USP REAL ESTATE INVESTMENT TRUST, a Business Trust, Appellant, v. DISCOUNT AUTO
PARTS, INC., a Florida Corporation, Appellee.
TEXT: ZEHMER, Judge. This is an appeal from a final judgment, entered pursuant to a bench trial,
d...om its exercise of poor judgment. Neither should we reinterpret facts clearly understood,
considered, and interpreted reasonably by the trial court.
81-CITE: 685 So.2d 904 MAYOR S JEWELERS, INC., d b a MAYOR S JEWELERS, Appellant, v. STATE OF
CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, Appellee.
TEXT: KLEIN, Judge. Appellant, a tenant under a commercial lease, notified appellee, its
landlord,... way from Mayors. If this injunction were to stand, one tenant will have been required
to remain in business while two others were allowed to close.
82-CITE: 609 So.2d 1323 William J. MATHIAS, et al., Appellants, v. WALLING ENTERPRISES, INC., Appellee.
TEXT: EN BANC DIAMANTIS, Judge. Mathias, Chandler and Ohnstad (investor group), appeal from a
sum...S, PETERSON and GRIFFIN, JJ., concur. COBB, COWART and DIAMANTIS, JJ., dissent, without
opinion. ------------ (FN1) Fla.R.App.P. 9.030(a)(2)(A)(v).
83-CITE: 472 So.2d 1210 Polly Suzanne PATERSON, Appellant, v. Kent C. DEEB, Transamerica Insurance Co.,
W. Fenton Langston, and Hartford Accident & Indemnity Co., Appellees.
TEXT: ZEHMER, Judge. Appellant, Polly Suzanne Paterson, sued appellees, Kent C. Deeb and W.
Fenton...ock Village. The judgment is reversed and the case is remanded for further proceedings.
REVERSED and REMANDED. ERVIN, C.J., and MILLS, J. concur.
84-CITE: 492 So.2d 1032 DEPARTMENT OF INSURANCE, Appellants, v. DADE COUNTY CONSUMER ADVOCATE S OFFICE,
Appellees.
TEXT: OVERTON, Justice. This appeal from Dade County Consumer Advocate s Office v. Department of
I..., JJ., concur. ------------ (FN4) The very most the Court should do is direct reversal of the
summary judgment and remand for a trial on the merits.
85-CITE: 697 So.2d 115 THE FLORIDA BAR RE AMENDMENTS TO RULES REGULATING THE FLORIDA BAR.
TEXT: PER CURIAM. The Florida Bar, as part of its annual review and with the authorization of the
...uthority in the authorized legal assistance attorney s home state of any disciplinary action
taken against the authorized legal assistance attorney.
86-CITE: 621 So.2d 1032 THE FLORIDA BAR RE: AMENDMENTS TO RULES REGULATING THE FLORIDA BAR.
TEXT: PER CURIAM. The Florida Bar, as part of its annual review and with the authorization of the
... policies stated herein. The Florida Bar shall not make any charge to the local bar association
or its lawyer referral service for such supervision.
87-CITE: 644 So.2d 282 THE FLORIDA BAR RE AMENDMENTS TO RULES REGULATING THE FLORIDA BAR.
TEXT: PER CURIAM. The Florida Bar, as part of its annual review and with the authorization of the
...any such volunteer aytorney from pursuing from the non-complying attorney costs of collection,
including reasonable attorney fees, permitted by law.
88-CITE: 718 So.2d 1179 In re AMENDMENTS TO THE RULES REGULATING THE FLORIDA BAR.
TEXT: PER CURIAM. This matter is before the Court on the petition of The Florida Bar for
amendment...nter shall endeavor to assist the commission in this regard consistent with the center s
funding, staffing, operational, and reporting structure.___
89-CITE: 494 So.2d 977 THE FLORIDA BAR RE RULES REGULATING THE FLORIDA BAR.
TEXT: PER CURIAM. In November 1984 this Court heard oral argument in case numbers 65,197 and
65,87... (b) The Supreme Court of Florida or the approved legal aid organization may, at any time,
with or without cause, withdraw certification hereunder.
