Tenants
Results 1-746
1-CITE: 515 So.2d 425 David MARGOLIS, as a general partner in Plaza Delray, Ltd., a Florida limited
partnership, and as a general partner in the Jaymar Company, a partnership, Cross Appellant, v.
Nicholas A. MALESKY and Giuseppe Bellito, Cross Appellees.
TEXT: PER CURIAM. This is an appeal by tenants and a cross appeal by the landlord. The tenants
app... had determined that in such event, the leased premises would be used as an office or for
storage space. GLICKSTEIN, DELL and GUNTHER, JJ., concur.
2-CITE: 558 So.2d 443 Alberta L. MASON, et al., Appellants Cross-Appellees, v. Wayne HARROD and Ronald
L. IRWIN, Appellees Cross-Appellants.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment for costs on appeal. The appeal for which
...lung, Kilmer and Cornish is stricken. Otherwise, the judgment is affirmed. It is so ordered.
COBB, J., and LEE, R.E. Jr., Associate Judge, concur.
3-CITE: 616 So.2d 1064 Robert S. KAUFMAN, Individually and as Trustee, Appellant, v. Dan P. HELLER, as
Personal Representative of the Estate of Gary D. May and Daryl Scott, Appellees.
TEXT: PER CURIAM. Landlord Robert S. Kaufman appeals a final judgment awarding tenants
counter-cla... Bankers Multiple Line Ins. Co. v. Farish, 464 So.2d 530 (Fla.1985). That judgment is
affirmed. Judgment affirmed; fee award reversed and remanded.
4-CITE: 513 So.2d 159 Wayne HARROD, et al., Appellants, v. Alberta L. MASON, et al., Appellees.
TEXT: PER CURIAM. Appellants purchased a mobile home park and raised the rental on mobile home
lot... errors in the trial itself which are not considered in this opinion because they are rendered
moot by reversal, or reduction, of the damage awards.
5-CITE: 505 So.2d 586 Guy RHONE, Appellant, v. JoAnne RHONE, Appellee.
TEXT: PER CURIAM. Affirmed. See Pratt v. Pratt, 502 So.2d 1001 (Fla. 2d DCA 1987); Hoyt v. Hoyt,
4...s and tenants in common. We find no merit in appellant s third point. LEHAN, A.C.J., and
SANDERLIN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
6-CITE: 565 So.2d 805 BERMUDA AVENUE SHOPPING CENTER ASSOCIATES, L.P., Appellant, v. Moe RAPPAPORT, et
al., Appellees.
TEXT: DANIEL, Chief Judge. Bermuda Avenue Shopping Center Associates, L.P. (landlord) appeals a
fi...ecurity deposit. Thus, even excluding lost profits, the evidence supports an award of $15,000
in damages. AFFIRMED. COBB and GOSHORN, JJ., concur.
7-CITE: 639 So.2d 105 Vincent M. DROST, Appellant, v. Lance HILL and Jan Hill, Appellees.
TEXT: COPE, Judge. Vincent M. Drost appeals a final order granting specific performance. We
revers...vor of Drost. Reversed and remanded. ------------ (FN*) Since this issue is dispositive,
we need not consider the other issues raised by appellant.
8-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.
9-CITE: 624 So.2d 379 Joseph GYONGYOSI and Eva Gyongyosi, Petitioners, v. The Hon. James T. CARLISLE,
Meadowbrook Tenants Corporation, Respondents.
TEXT: PER CURIAM. The petition for writ of prohibition is granted on the authority of Pool Water
P...y. I concur only because Pool Water Products, Inc. appears to mandate this result. However, if
writing on a clear slate, I would deny the petition.
10-CITE: 585 So.2d 319 Hugh D. ROWLES, etc., Appellant, v. DEPARTMENT OF BUSINESS REGULATION, etc.,
Appellee.
TEXT: PETERSON, Judge. We are asked to construe section 723.002(1), Florida Statutes (1989),
(FN1)... payment for relocating the property of Marie Warnock. AFFIRMED in part; VACATED in part.
COWART, J., and ANTOON, J., II, Associate Judge, concur.
11-CITE: 449 So.2d 423 Edward J. MLASKA, Appellant, v. Inez MLASKA, Appellee.
TEXT: PER CURIAM. We affirm the judgment appealed in which the trial court restored the wife as
so...lieve the now ex-husband of any liability on the new note and mortgage which encumbers the
property. Affirmed in part and remanded with directions.
12-CITE: 621 So.2d 676 MELI INVESTMENT CORP., etc., Appellant, v. O.R., et al., Appellees.
TEXT: PER CURIAM. Meli Investment Corporation (landlord) appeals the trial court s order which
app...ounterclaim and then redetermine the fees awarded to the counterclaimant in accordance with
these directions. Vacated and remanded with directions.
13-CITE: 572 So.2d 26 Jeffrey FREE, individually, and Addan, Inc., a Florida corporation, Appellants,
v. Conrad BAAS, Appellee.
TEXT: ALTENBERND, Judge. Jeffrey Free and Addan, Inc., were commercial tenants of a building in
Ca...therwise prevents these claims. Snyder v. Cheezem Dev. Corp., 373 So.2d 719 (Fla. 2d DCA 1979).
Reversed. SCHOONOVER, C.J., and LEHAN, J., concur.
14-CITE: 711 So.2d 1352 Nohra ROSSEAU, Appellant, v. Israel FINTZ, Appellee.
TEXT: PER CURIAM. Nohra Rosseau ( Rosseau ) appeals an adverse summary judgment entered in favor
o... proceedings consistent with this opinion. See Sanzare v. Varesi, 681 So.2d 785 (Fla. 4th DCA
1996); Ward, 504 So.2d at 528. Reversed and remanded.
15-CITE: 614 So.2d 1162 HOWARD SAVINGS BANK, Appellant, v. EASTERN FEDERAL CORPORATION, Appellee.
TEXT: WIGGINTON, Judge. Appellant, Howard Savings Bank [Bank], appeals 12 final judgments entered
...ooke Associates v. Insurance Commissioner, 581 So.2d 943 (Fla. 5th DCA 1991). REVERSED and
REMANDED with directions. KAHN and MICKLE, JJ., concur.
16-CITE: 444 So.2d 540 OMNI INTERNATIONAL OF MIAMI, LTD., Appellant, v. DEPARTMENT OF BANKING AND
FINANCE and Department of Revenue, Appellees.
TEXT: SCHWARTZ, Chief Judge. After trial, the hearing officer found that the appellant shopping
ce...------------ (FN3) Indeed, we can find nothing whatever in the record, as opposed to mere
speculation, to support the conclusion of the Comptroller.
17-CITE: 439 So.2d 304 F.J. ARTINO and Fedora Artino, his wife, et al., Appellants, v. Samuel C. CUTLER
and Doris M. Cutler, his wife, and Karl E. Bigelow, d b a Venetian Mobile Home Park, Appellees.
TEXT: DANAHY, Judge. The appellants (the tenants) are twenty-three tenants living in mobile homes
...d 1215 (Fla.1978). REVERSED and REMANDED for further proceedings not inconsistent with this
opinion. BOARDMAN, A.C.J., and SCHOONOVER, J., concur.
18-CITE: 596 So.2d 807 Johann PRINZ, Appellant, v. Christobel PRINZ, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. In this appeal, appellant (Husband) argues that the trial
cour...property in the event that should become a desirable or necessary alternative. The order is
otherwise affirmed. PARKER and ALTENBERND, JJ., concur.
19-CITE: 698 So.2d 581 Yolanda RAMSEY, Appellant, v. William S. JONASSEN, Esquire, Appellee.
TEXT: QUINCE, Judge. Yolanda Ramsey challenges the trial court s order granting attorney William
S...use we reverse Ramsey s first point on appeal, we do not address the second point raised in her
brief. SCHOONOVER, A.C.J., and LAZZARA, J., concur.
20-CITE: 509 So.2d 973 Sheldon VIDIBOR d b a Eastern Shores Mobile Village, Appellant, v. Tom ADAMS, et
al., Appellees.
TEXT: SHARP, Judge. Vidibor appeals from an order denying him attorney s fees from the tenants of
...g & Air Conditioning, Inc., 340 So.2d 1234 (Fla. 4th DCA 1976); cf. Dolphin Towers Condo Ass n,
Inc. v. Del Bene, 388 So.2d 1268 (Fla. 2d DCA 1980).
21-CITE: 709 So.2d 186 Donna L. LEWIS, Appellant, v. ESTATE OF John J. TURCOL, Deceased, Appellee.
TEXT: PETERSON, Judge. Donna L. Lewis appeals an order overruling her objection to the inventory
f... not prevail in Florida unless the instrument creating the estate expressly provides for
survivorship. AFFIRMED. THOMPSON and ANTOON, JJ., concur.
22-CITE: 555 So.2d 1293 Nate TRACHSEL, Appellant, v. S.C.K.W., INC., etc., Appellee.
TEXT: PER CURIAM. Appellant Nate Trachsel, who was defendant below, appeals an adverse final
judgm...for rental of unit owners properties. Trachsel does not participate in the rental pool and
S.C.K.W. has not sought to assess him for those expenses.
23-CITE: 567 So.2d 1039 John William CLEARY, Appellant, v. Doris Lea HOUGH, Appellee.
TEXT: PER CURIAM. The appellant, John William Cleary, challenges a declaratory judgment entered
in...ent in all other respects. Affirmed in part, reversed in part, and remanded with instructions.
SCHOONOVER, C.J., and SCHEB and RYDER, JJ., concur.
24-CITE: 472 So.2d 1378 Esther GARCIA-TUNON, Appellant, v. Jose GARCIA-TUNON, Marta Gonzalez and Rosa
Maria Urreta, Appellees.
TEXT: SCHEB, Judge. This appeal poses the question of whether a life tenant can partition Florida
... seeking to partition against remaindermen. Thus, we affirm the summary final judgment in favor
of appellees. GRIMES, A.C.J., and HALL, J., concur.
25-CITE: 490 So.2d 205 Bonnie Marie TINSLEY, n k a Bonnie Marie Burke, Appellant, v. Calvin W. TINSLEY,
III, Appellee.
TEXT: JORGENSON, Judge. The wife in this marriage dissolution proceeding, Bonnie Tinsley, appeals
... of his obligation, see Hendricks v. Hendricks, 312 So.2d 792 (Fla. 3d DCA 1975), and it must be
explicitly stated in the final judgment. Affirmed.
26-CITE: 546 So.2d 790 Shirleen LAWRENCE, Appellant Cross-Appellee, v. E.W. LAWRENCE, Jr., Appellee
Cross-Appellant.
TEXT: PER CURIAM. This is an appeal from a final judgment on property issues in a dissolution of
m...Affirmed as modified and remanded to the trial court to enter a modified final judgment,
pursuant to this decision and the agreement of the parties.
27-CITE: 455 So.2d 1137 Carol OSTYN, Appellant, v. Lucille OLYMPIC, Appellee.
TEXT: DANAHY, Judge. In an action to quiet title to real property, the plaintiff appeals a final
s...f Florida statutory law. Section 732.401(2), Fla.Stat. (1983).That section of the statutes was
enacted in 1975. Ch. 75-220, Section 17, Laws of Fla.
28-CITE: 595 So.2d 228 Luis DIAZ, Appellant, v. SOUTHEAST BANK, N.A., Appellee.
TEXT: PER CURIAM. Appellant, Luis Diaz, appeals from a final summary judgment in a negligence
acti... judgment. There remains a factual issue whether the site of the injury was an area under
control of the lessee by the terms of the lease agreement.
29-CITE: 509 So.2d 378 Kenneth WHITE, a minor, By and Through his mother and next friend, Linda White
CARTER, Appellants, v. Marsha WHITWORTH, Chester Shackelford, Della Shackelford, and Southeastern
Fire Insurance Company, a foreign corporation, Appellees (Two Cases).
TEXT: GLICKSTEIN, Judge. This is an appeal, by a minor plaintiff, from a final judgment following
...rsons other than dog owners for injuries caused by dogs has been settled by Noble v. Yorke, 490
So.2d 29 (Fla.1986). WALDEN and STONE, JJ., concur.
30-CITE: 452 So.2d 1029 V & R, INC., Roger Bacon, Stephen Vincent, and Montego Bay Corporation,
Appellants, v. Arthur M. WOLFF, Michael H. Gora, Gulfstream Camera & Sound, Inc., Heath-Jo, Inc., d
b a Wyn s Green Olive Lounge, Aloha Travel Agency Inc. and John Cavell d b a Fort Lauderdale
Secretarial Service, and all others similarly situate as a Class, et al., Appellees.
TEXT: PER CURIAM. At issue is the propriety of a summary final judgment. We conclude that genuine
...(Fla. 4th DCA 1980); Sarasota County v. Stanton Investment Co. of Missouri, 283 So.2d 152 (Fla.
2d DCA 1973). DOWNEY, HURLEY and DELL, JJ., concur.
31-CITE: 532 So.2d 707 Mary Ellen BARDEN, Appellant, v. Marguerite B. PAPPAS, et al., Appellees.
TEXT: ORFINGER, Judge. Appellant Mary Ellen Barden appeals in Case No. 87-2093 from a final
judgme...e position for which it was cited. Except as to such deletion, the motion for rehearing is
denied. SHARP, C.J., and ORFINGER and COBB, JJ., concur.
32-CITE: 700 So.2d 726 George E. SNYDER and Karen E. Snyder, Appellants, v. Virginia DINARDO, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellants, George and Karen Snyder, challenge a final
judgmen...nt entered for appellee and, on remand, direct judgment to be entered for appellants.
FRANK, J., and CASANUEVA, DARRYL C., Associate Judge, concur.
33-CITE: 630 So.2d 1158 CHARLIE BROWN S OF TAMPA, INC., Appellant, v. James COOK, Appellee.
TEXT: PARKER, Judge. Charlie Brown s of Tampa, Inc., appeals an order granting a motion to set
asi...le in good faith has been made to the within applicant [Tara Lynn DeBrocke] of the business
for which the foregoing transfer of license is sought.
34-CITE: 552 So.2d 236 Peter MERCURIO, Appellant, v. Ophelia URBAN, Appellee.
TEXT: GUNTHER, Judge. We affirm the trial court s final judgment awarding Ophelia Urban (Urban)
on...; reversed in part and remanded to the trial court to amend the final judgment in accordance
with this opinion. GLICKSTEIN and WALDEN, JJ., concur.
35-CITE: 724 So.2d 577 STRAUB CAPITAL CORPORATION, as General Partner of Palm Beach Park Centre, Ltd.,
George E. Straub and Glenn E. Straub, Appellants, v. L. FRANK CHOPIN, P.A., Jacqueline S. Miller,
P.A., and Joel H. Yudenfreund, P.A., as General Partners of Chopin, Miller & Yudenfreund, Appellees.
TEXT: POLEN, Judge. In these consolidated appeals, the landlord, Straub Capital Corp. (SCC),
appea...prevailing party attorney s fees for reconsideration in light of our opinion. POLEN,
TAYLOR, JJ., and FRUSCIANTE, JOHN A., Associate Judge, concur.
36-CITE: 530 So.2d 289 STATE of Florida, Appellant, v. DIVISION OF BOND FINANCE, Appellee.
TEXT: PER CURIAM. The state appeals a trial court s validation of up to $300,000,000 in housing
re... validating this revenue housing bond issue. It is so ordered. EHRLICH, C.J., and OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
37-CITE: 664 So.2d 361 In re ESTATE OF Elizabeth H. HILLYER, Deceased. Gale HILLYER, as Personal
Representative of the Estate of Elizabeth H. Hillyer, Appellant, v. Douglas Van Allen HILLYER,
Beneficiary of Estate of Elizabeth H. Hillyer, Appellee.
TEXT: POLEN, Judge. Gale Hillyer, the personal representative of her mother s estate, appeals
from...trial court should not have *363 looked outside the will to either the deed or the codicil.
Therefore, we reverse. KLEIN and PARIENTE, JJ., concur.
38-CITE: 453 So.2d 547 ARISTEK COMMUNITIES, INC., a Florida corporation, doing business as Lakewood
Village and Aristek Properties, Ltd., a foreign corporation doing business as Lakewood Village,
Appellants Cross Appellees, v. Lee W. FULLER, et al., Appellees Cross Appellants.
TEXT: WALDEN, Judge. The tenants at a mobile home park sued the park owners saying the rent
increa...ief. The tenants cross appeal is without merit. Reversed and remanded for further
proceedings consistent herewith. LETTS and HERSEY, JJ., concur.
39-CITE: 446 So.2d 271 Margaret WITTOCK and Richard Wittock, Appellants, v. Martha RAMPONI, Appellee.
TEXT: SMITH, RUPERT, Associate Judge. Appellants, in reliance upon faulty legal advice, failed to
...o amend her pleadings should there be additional facts she wishes to call to the attention of the
trial court. BERANEK and GLICKSTEIN, JJ., concur.
40-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.
41-CITE: 622 So.2d 594 Louis SCHWAM and Beverly Schwam, his wife, John Doe and Jane Doe, his wife, if
any, as Tenants in Possession, if any, Appellants, v. HOME SAVINGS OF AMERICA, FSB f k a Home
Savings of America, F.A., Appellee.
TEXT: PER CURIAM. Affirmed. Schneiderman v. Cantor, 546 So.2d 51 (Fla. 4th DCA 1989); Haney v.
Oli...JJ. TEXT: PER CURIAM. Affirmed. Schneiderman v. Cantor, 546 So.2d 51 (Fla. 4th DCA 1989);
Haney v. Olin Corp., 245 So.2d 671 (Fla. 4th DCA 1971).
42-CITE: 569 So.2d 852 David L. ROBERTSON, Appellant Cross Appellee, v. Joan T. ROBERTSON, Appellee
Cross Appellant.
TEXT: PER CURIAM. We reverse that part of the trial court s final judgment which denied David L.
R...53 the final judgment which denies the husband a special equity in the marital home. REVERSED
AND REMANDED. DELL, WALDEN and GUNTHER, JJ., concur.
43-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.
44-CITE: 568 So.2d 1309 CLEANCO, INC., a Florida corporation, Appellant, v. MANOR INVESTMENT COMPANY,
Franklin Property Company and B.F. Saul Company, Appellees.
TEXT: SALMON, MICHAEL H., Associate Judge. These cases involve two laundry space leases. In
essenc...ese claims. Affirmed in part, and reversed and remanded for further proceedings in
accordance with this opinion. GLICKSTEIN and DELL, JJ., concur.
45-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.
46-CITE: 460 So.2d 1016 Louis JOHNSON, Jr.; Cleveland West, Camilla Ann Arns; Wendell L. Andrews and
Ellen Andrews, his wife, Appellants, v. David LEUSCHNER, Appellee.
TEXT: COBB, Chief Judge. In this case, the issue is whether the trial court erred in computing
mes... We reverse and remand for entry of a judgment consistent with this opinion. REVERSED and
REMANDED. FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.
47-CITE: 578 So.2d 56 Mary Hope JENNINGS (formerly known as Hope Jennings Allen), Appellant, v. Harlan
G. ALLEN, Appellee.
TEXT: PER CURIAM. The trial judge erred in his recitation in paragraph F of the final judgment,
Th...nd Wife s names as tenants by the entireties. That sentence is struck. The judgment is
otherwise AFFIRMED. JOANOS, BARFIELD, and WOLF, JJ., concur.
48-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.
49-CITE: 435 So.2d 381 Judith A. WEISE, Appellant, v. Louise C. KIZER, Personal Representative of the
Estate of Wallace C. Cawthon, Deceased, Appellee.
TEXT: SHARP, Judge. Judith Weise appeals from a final judgment that determined that Louise Kizer,
... and COWART, J., concur. ------------ (FN7) 22 Fla.Jur.2d Equity Section 47 (1980). (FN8) Hughes
v, Hughes, 171 Ind.App. 255, 356 N.E.2d 225 (1976).
50-CITE: 447 So.2d 241 Lena RATINSKA, individually and as Trustee of TaHo Lounge, Inc., a dissolved
Florida corporation, Appellant, v. ESTATE OF Roman DENESUK, deceased, and Sadie Denesuk, Appellees.
TEXT: BOARDMAN, Judge. Appellant sought a declaratory judgment determining 1) whether the real
pro... the cause REMANDED with directions to enter a new judgment ruling appellant to be the sole
owner of the property. CAMPBELL and LEHAN, JJ., concur.
51-CITE: 568 So.2d 108 William BERKE, Appellant, v. CITY OF MIAMI BEACH, Appellee.
TEXT: SCHWARTZ, Chief Judge. Directly contrary to the judgment below, which dismissed with
prejudi...nded. ------------ (FN3) We agree that the plaintiff s claim for attorney s fees under
Section 57.105, Fla.Stat. (1989) was properly stricken below.
52-CITE: 504 So.2d 426 Angelina IANDOLI, as Personal Representative of the Estate of Lewis E. Iandoli,
Appellant, v. Marie IANDOLI, Appellee.
TEXT: LETTS, Judge. The trial judge ruled that although a constitutional homestead may be devised
...ctly on all fours, but the principle is the same. As a consequence, we believe Finch commands
affirmance. AFFIRMED. WALDEN and STONE, JJ., concur.
53-CITE: 462 So.2d 20 McDAY CORPORATION, et al., Appellants, v. COLONIAL PENN COMMUNITIES, INC., et
al., Appellees. COLONIAL PENN COMMUNITIES, INC., et al., Appellants, v. COLONIAL PENN GROUP, INC.,
etc., et al., Appellees.
TEXT: SHARP, Judge. The McDay Corporation and Coast Mortgage and Realty Investors (hereinafter
col...re reversed; and Case Number 84-106 is affirmed. AFFIRMED IN PART; REVERSED IN PART.
DAUKSCH, J., concurs. COWART, J., dissents withiout opinion.
54-CITE: 550 So.2d 1160 Jennie HARRIS, Linda Berry, John Berry, Kathryn Wieder, Marguerite Beauton,
Roland Verdiere and Robert Sisson, Sr., Appellants, v. MARTIN REGENCY, LTD., a Florida Limited
Partnership, Appellee.
TEXT: PER CURIAM. Appellants, the tenants of a mobile home park, appeal the entry of summary
judgm...ngly, we affirm the entry of summary judgment in favor of appellee. AFFIRMED. DELL and
STONE, JJ., and FRANK, RICHARD H., Associate Judge, concur.
55-CITE: 741 So.2d 1215 READY STATE BANK, a Florida banking corporation, Appellant, v. Barry D.
MEISELMAN, Appellee. Barry D. Melselman, Appellant, v. Union Planters Bank, N.A., f k a Ready State
Bank, Appellee.
TEXT: SCHWARTZ, Chief Judge. Ready State Bank held a mortgage on a long-term leasehold granted to
...upon terms and conditions identical to those in the Lease for the full remaining term of the
Lease and any extensions thereof. [emphasis supplied]
56-CITE: 453 So.2d 531 Luther S. HUFF, Jr., Appellant, v. Wilmateen Virginia Maxwell HUFF, Appellee.
Wilmateen Virginia Maxwell HUFF, Appellant, v. Luther S. HUFF, Jr., Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. Both parties appeal from an amended final judgment of
dissolu...ght to exclusive occupancy of the residence. *533 As modified, the judgment is affirmed.
AFFIRMED as modified. COBB, C.J., and SHARP, J., concur.
57-CITE: 498 So.2d 1001 Hazel G. STEARNS, Appellant, v. LANDMARK FIRST NATIONAL BANK OF FORT LAUDERDALE
and Willard F. Stearns, Appellees.
TEXT: WEBSTER, PETER D., Associate Judge. Appellant, plaintiff below, requests reversal of a
parti...ed to her $54,500 interest in the Treasury Notes. AFFIRMED IN PART; REVERSED IN PART; AND
REMANDED WITH DIRECTIONS. LETTS and WALDEN, JJ., concur.
58-CITE: 520 So.2d 9 Margaret SHARP, Petitioner, v. Magali C. HAMILTON, Respondent. H.S. MUSSELWHITE,
Petitioner, v. Magali C. HAMILTON, Respondent.
TEXT: KOGAN, Justice. This cause is before the Court on petition to review the holding in Sharp
v....11 (Fla. 3d DCA 1964). It is so ordered. McDONALD, C.J., and OVERTON, SHAW, BARKETT and
GRIMES, JJ., concur. EHRLICH, J., concurs in result only.
59-CITE: 705 So.2d 948 THOMAS J. KONRAD & ASSOCIATES, INC., Appellant, v. John A. McCOY and Barnett
Bank, N.A., Appellees.
TEXT: WEBSTER, Judge. Appellant seeks review of an order dissolving a continuing writ of
garnishme...rse and remand *950 for further proceedings consistent with this opinion. REVERSED and
REMANDED, with directions. LAWRENCE and DAVIS, JJ., concur.
60-CITE: 534 So.2d 1183 CITY OF ORLANDO, et al., Appellants, v. Ford S. HAUSMAN, etc., Appellee.
TEXT: DANIEL, Judge. In December 1986, the City of Orlando, a municipal corporation, the Greater
O...religious, or charitable purposes shall be exempt from taxation. It was uncontested that the
properties here were not being used for these purposes.
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: 447 So.2d 327 Frank D. AVERSA, Appellant, v. Marjorie J. AVERSA, Appellee.
TEXT: PER CURIAM. AFFIRMED. ANSTEAD, C.J., and BERANEK, J., concur. WALDEN, J., dissents with
op.... I would, at least, reverse the award of the jointly owned marital home to the Wife, and,
instead, leave the parties as tenants in common as to it.
63-CITE: 710 So.2d 737 Karen E. McCLENON, Appellant, v. Antonio ZARTEMI, Appellee.
TEXT: PER CURIAM. Karen McClenon ( McClenon ) appeals an order denying her motion to set aside a
d...at the corporation is attempting to engage an attorney to represent it, constitutes a `paper
under Rule 1.500(a) Florida Rules of Civil Procedure ).
64-CITE: 666 So.2d 1056 Paul THEODOROPOULOS and Anne Theodoropoulos, his wife, Appellants, v. Betty
Marie TALBERT, Appellee.
TEXT: THOMPSON, Judge. Paul Theodoropoulos and Anne Theodoropoulos ( the Theodoropouloses )
appeal...sh that portion of the amended judgment of the trial court. AFFIRMED in part; QUASHED in
part; REMANDED. PETERSON, C.J., and GRIFFIN, JJ., concur.
65-CITE: 448 So.2d 16 Martina SCHEIN, Appellant, v. Thomas Fred SCHEIN, Appellee.
TEXT: BASKIN, Judge. In this appeal from a Final Judgment Dissolving Marriage, the wife
challenges...ion of the residence upon the husband s remarriage, as he conceded to be appropriate.
Affirmed in part; reversed in part; remanded with directions.
66-CITE: 489 So.2d 1243 Robert B. STEELE and Janice Kramer Steele, individually and as the co-personal
representatives of the Estate of Brandon Richard Steele, deceased, Appellants, v. Harold P. KRAVITZ,
as Trustee of Quail Roost Mobile Home Park Tenants Association; S.B. Leasing Corporation, d b a
Quail Roost Mobile Home Community; Leo Gevlan, Gerald Berger, and Harold P. Kravitz, individually
and as joint venturers, Appellees.
TEXT: PER CURIAM. Affirmed. See Britz v. LeBase, 258 So.2d 811 (Fla.1971); Walters v. Greenglade
V....1971); Walters v. Greenglade Villas Homeowners Association, 399 So.2d 538 (Fla. 3d DCA 1981);
Margrabe v. Graves, 97 So.2d 498 (Fla. 1st DCA 1957).
67-CITE: 697 So.2d 1006 John SOTOMAYOR and Elizabeth Sotomayor, Appellants, v. HUNTINGTON BROWARD
ASSOCIATES L.P., LTD., a limited partnership, Appellee.
TEXT: PARIENTE, Judge. Appellant (plaintiff), who was injured on appellee s (defendant) premises
w.... Accordingly, the summary judgment is reversed. REVERSED AND REMANDED FOR PROCEEDINGS
CONSISTENT WITH THIS OPINION. POLEN and GROSS, JJ., concur.
68-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.
69-CITE: 549 So.2d 207 Milton J. HALL, Appellant, v. Almaretta R. HALL, Appellee.
TEXT: PER CURIAM. This is an appeal by Milton J. Hall from a final judgment granting a partition
o...la. 4th DCA 1976) (in proper annulment proceeding, court may distribute property); Dandy v.
Dandy, 234 So.2d 728, 730-31 (Fla. 1st DCA 1970) (same).
70-CITE: 605 So.2d 118 Patricia PERROTT, Appellant, v. Richard A. FRANKIE, Appellee.
TEXT: PATTERSON, Judge. The appellant challenges the final summary judgment awarding the appellee
...the appellee and remand for the entry of a final summary judgment for the appellant. RYDER,
A.C.J., and BUCKLEW, SUSAN C., Associate Judge, concur.
71-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.
72-CITE: 466 So.2d 375 Catherine DIEDRICKS, Appellant, v. Arlene REINHARDT, as Personal Representative
of the Estate of William Reinhardt, a k a William D. Reinhardt, Deceased, Appellee.
TEXT: DANIEL S. PEARSON, Judge. Catherine Diedricks, the appellant, was the long-time apparent,
bu...e upon which her complaint was served upon Catherine. Upon remand, the judgment is to be
modified accordingly. Affirmed, with directions to modify.
73-CITE: 675 So.2d 168 Gregory A. HILL, Appellant, v. Mary Lou HILL, Appellee.
TEXT: GOSHORN, Judge. Gregory Hill appeals the final judgment of dissolution of marriage. We find
....075(5)(a)5. uses the term special equity, the statute actually provides a procedure to
determine whether the disputed property is a marital asset.
74-CITE: 433 So.2d 589 Robert L. AGNEW, Appellant, v. Shirley AGNEW, Appellee.
TEXT: PER CURIAM. The final judgment is affirmed in all respects except the following: (1)
Support...her than the reason ascribed in the final judgment. AFFIRMED AS MODIFIED. BERANEK and
GLICKSTEIN, JJ., and SMITH, RUPERT, Associate Judge, concur.
75-CITE: 531 So.2d 731 James M. BROWN, Jr., and Bianca Brown, Appellants, v. Jack POWELL, et al.,
Appellees. James M. BROWN, Jr., and Bianca Brown, Appellants Cross Appellees, v. Betty SIMMONS,
Appellee Cross Appellant, and Jack Powell, et al., Appellees.
TEXT: GUNTHER, Judge. We reverse the order awarding attorney s fees and the final judgment
entered...e Trews motion for summary judgment. AFFIRMED IN PART; REVERSED IN PART, AND REMANDED.
STONE, J., and WEBSTER, PETER, D., Associate Judge, concur.
76-CITE: 571 So.2d 45 PUBLIC HOUSING ASSISTANCE, INC., Appellant, v. Edward HAVILL, etc., et al.,
Appellees.
TEXT: GORSHORN, Judge. The issue in this case is whether a nonprofit corporation operated
exclusiv...emanded with instructions to reinstate PHAI s ad valorem tax exemption. REVERSED and
REMANDED with instructions. DAUKSCH and GRIFFIN, JJ., concur.
77-CITE: 480 So.2d 1324 Alan and Nancy GARRETT a k a Alan and Nancy Gershbein, Appellants, v. Anna C.
JANIEWSKI, et al., Appellees.
TEXT: DOWNEY, Judge. Appellants, Alan and Nancy Garrett, a k a Gershbein, (Owners), appeal from a
... AND REMANDED, with directions. HURLEY and BARKETT, JJ., concur. ------------ (FN1) U.C.C.
section 2-302 is codified in Florida as section 627.302.
78-CITE: 443 So.2d 152 Michael E. SALYERS, Appellant Cross-Appellee, v. Martha A. GOOD, Appellee
Cross-Appellant.
TEXT: GRIMES, Judge. In this postdissolution action, the husband appeals the denial of his motion
...e the order dismissing the complaint and remand the case for further proceedings consistent with
this opinion. OTT, C.J., and BOARDMAN, J., concur.
79-CITE: 443 So.2d 462 DE ANZA CORPORATION, Appellant, v. HOLLYWOOD ESTATES HOMEOWNERS ASSOCIATION,
INC., Appellee.
TEXT: HERSEY, Judge. We are asked to review an order permitting parties to intervene in
litigation...ies in interest. We do not prejudge the issue of whether they sat on their rights too
long. REVERSED and REMANDED. DOWNEY and WALDEN, JJ., concur.
80-CITE: 750 So.2d 155 James M. EYTH, Appellant, v. Peggy Muscat EYTH, Appellee.
TEXT: PER CURIAM. We reject the points raised by appellant husband; however, as counsel for the
pa...e final judgment of dissolution of marriage entered January 25, 1999. ALTENBERND, A.C.J., and
BLUE, J., and SCHEB, JOHN M., (Senior) Judge, Concur.
81-CITE: 613 So.2d 519 L. Marguerite ZAHRT, a k a L. Marguerite Zahrt Haddad, Appellant, v. OCEAN MANOR
PROPERTIES, INC., a Florida corporation, Midge Clark, Alan Bachewicz, and John Doe, occupant of
apartment 702, and Omri Florida, Inc., a Florida corporation, Virgil D. Bianculli and Reba M.
Bianculli, his wife, and Calumet Federal Savings and Loan Association, Appellees.
TEXT: JAMES C. DOWNEY, Senior Judge. Appellant, L. Marguerite Zahrt, was a tenant in the Ocean
Man...d complaint asserting a proper count in ejectment and a specific count for damages in
accordance with the foregoing. STONE and FARMER, JJ., concur.
82-CITE: 506 So.2d 1168 Julius EGGER, Lillian L. Hodges, Laura M. Egger, Faye E. Harrison, Nancy
Cornwell, Bob-Ellen Vaughn, Janice Cornwell, and Robert C. Cornwell, Appellants, v. Mary I. EGGER,
Appellee.
TEXT: HENDRY, Judge. This appeal is from the entry of a final judgment based upon a finding by
the...evisees under the will or as the heirs in proceedings to determine their identity in the
office of the judge administering the estate of decedent.
83-CITE: 516 So.2d 16 Stanley FROST, Appellant, v. NEWPORT MOTEL, INC., d b a Newport Resort Motel,
Appellee.
TEXT: PER CURIAM. The trial court entered summary final judgment for the defendant in an order
whi...n and conjecture; this is not permitted. See Ephrem v. Phillips, 99 So.2d 257 (Fla. 1st DCA
1957). . . . The summary final judgment is Affirmed.
84-CITE: 458 So.2d 428 Alice Marie POITIER, Appellant, v. Bernard Carlton POITIER, Appellee.
TEXT: PER CURIAM. No error or abuse of discretion has been demonstrated with respect to the trial
...e judgment ordering the partition and sale of the real property held by the entireties is
reversed; in all other respects, the judgment is affirmed.
85-CITE: 650 So.2d 54 Josephine Joyce D ANDREA, Appellant, v. Vincent James D ANDREA, Appellee.
TEXT: POLEN, Judge. Former wife appeals the trial court s order denying in part her motion for
mod...d remand for entry of an order in favor of the former wife, consistent with this opinion.
REVERSED AND REMANDED. WARNER and PARIENTE, JJ., concur.
86-CITE: 596 So.2d 1118 SUN COAST INTERNATIONAL INC., Appellant, v. DEPARTMENT OF BUSINESS REGULATION,
DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES, Appellee.
TEXT: ERVIN, Judge. Appellant, Sun Coast International, Inc., the owner of a mobile home park
(Sun...d 148 (Fla. 1st DCA 1992), however, we note that the propriety of ordering such a remedy was
not an issue raised in Herrick, unlike the case at bar.
87-CITE: 574 So.2d 1230 Christina M. CARUSO, Appellant, v. Carl N. PLUNK, Appellee.
TEXT: COBB, Judge. In this case the plaintiff below, Christina M. Caruso, brought an action
agains...re remand for appropriate proceedings pursuant to Chapter 64. AFFIRMED in part; REVERSED
in part; and REMANDED. DAUKSCH and PETERSON, JJ., concur.
88-CITE: 597 So.2d 370 Denise Darcel SMITH, Appellant, v. Oneal SMITH, Jr., Appellee.
TEXT: PER CURIAM. This is an appeal by the wife Denise Darcel Smith from a final judgment of
marri...ve-stated special equity should be awarded to the husband utilizing the correct standard of
proof. Affirmed in part; reversed in part and remanded.
89-CITE: 509 So.2d 981 Patricia MANTO, Appellant, v. Anthony MANTO, Appellee.
TEXT: FRANK, Judge. The appellant, Patricia Manto, disputes the trial court s failure to
incorpora...respects the judgment of the trial court is affirmed. Marcoux v. Marcoux, 464 So.2d 542
(Fla.1985). SCHOONOVER, A.C.J., and THREADGILL, J., concur.
90-CITE: 681 So.2d 785 Richard SANZARE, Appellant, v. Daniela VARESI and Edward Varesi, Individually
and as Tenants by the Entireties, Terry Reynolds and Karen Reynolds, Individually and as Tenants by
the Entireties, and Coconut Key Homeowners Association, Inc., a Florida Corporation, Appellees.
TEXT: POLEN, Judge. On April 11, 1996, this court sua sponte withdrew its opinion affirming a
fina...genuine issues of material fact remain, we reverse the final summary judgment and remand for
further proceedings. STEVENSON and GROSS, JJ., concur.
91-CITE: 714 So.2d 1215 Linda FOSTER d b a Reruns and James Foster, her husband, Appellants, v. William
L. MATTHEWS and Catherine Matthews, Appellees.
TEXT: SORONDO, Judge. Linda and James Foster (Foster), appeal the Final Summary Judgment entered
i... That result was reached by reading the exculpatory clauses together with the contract s
indemnity clause, an argument which has not been made here.
92-CITE: 626 So.2d 1089 Cynthia Allyn Young TABER, Appellant, v. John Stephen TABER, Appellee.
TEXT: PER CURIAM. Cynthia Taber, the wife, appeals from a final judgment of dissolution of
marriag...tribution scheme, including reevaluation of the marital home in light of the authority
cited in this opinion. ZEHMER, WOLF and MICKLE, JJ., concur.
93-CITE: 689 So.2d 420 BALDWIN PIANO AND ORGAN COMPANY, Appellant, v. Michael John ROSENOW, John and
Jane Doe, tenants Yorktown Condominiums, Unit 302, Individuals, and Anthony and Patricia Dote,
Appellees.
TEXT: PER CURIAM. We decline to consider the appellant s argument that the circuit court lacked
ju...n is affirmed, without prejudice to the appellant to challenge the trial court s jurisdiction
on remand. KLEIN, STEVENSON and SHAHOOD, JJ., concur.
94-CITE: 575 So.2d 233 Millie M. WIGGINTON, Appellant, v. David L. WIGGINTON, Appellee.
TEXT: PARKER, Judge. Mrs. Wigginton appeals pro se from a final judgment of partition of a
twenty-... interest, less expenses from the grove, with an accounting and payment to be made by
December 24, 1987, which Mrs. Wigginton claims was never done.
95-CITE: 560 So.2d 1276 Opal G. HURLBERT, Appellant, v. John N. SHACKLETON, Jr., M.D. and Elayne M.
Shackleton, a k a Elayne Moss Shackleton, Appellees.
TEXT: SHIVERS, Chief Judge. This is an appeal from an order on supplementary proceedings denying
r... assets from future unforeseen adversity wrought by a medical mistake. That is not legal fraud.
I would have affirmed the judgment without comment.
96-CITE: 740 So.2d 562 AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP, a Delaware limited
partnership, f k a American Property Investors IX, a California limited partnership d b a American
Property Investors, Appellant, v. TWIN CITIES INVESTORS, INC., a Florida corporation, Appellee.
TEXT: OWEN, WILLIAM C., Jr., Senior Judge. Appellant and appellee, the two entities which between
...--- (FN4) Our decision relates only to the use of the parking area. The issue of who is
responsible for providing the parking area is not before us.
97-CITE: 509 So.2d 1256 In re ESTATE OF John B. CLEEVES, Deceased. Truda C. JEWETT, Appellant, v. SUN
BANK SOUTHWEST, N.A., and Valentina B. Cleeves, as Co-Personal Representatives of Estate of John B.
Cleeves, Valentina B. Cleeves, David B. Cleeves, Susan C. Laws, Robert Raskin, Pamela Raskin,
Kimberly Raskin, Lynn C. Simard, and Helen C. Fuller, Appellees. David B. CLEEVES, Appellant, v. In
re ESTATE OF John B. CLEEVES, Deceased, Appellee.
TEXT: PER CURIAM. Truda C. Jewett and David B. Cleeves, the adult children of the decedent, John
B...er. Affirmed in part, reversed in part, and remanded for proceedings consistent herewith.
SCHEB, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
98-CITE: 599 So.2d 101 THE FLORIDA BAR, Complainant, v. Edward J. SALNIK, Respondent.
TEXT: PER CURIAM. Both The Florida Bar and Edward J. Salnik seek review of the referee s
recommend...isolated incident and he did present useful character evidence. I would suspend him from
the practice of law for three years. OVERTON, J., concurs.
99-CITE: 723 So.2d 374 Gleydis MARTINEZ-MOURE, et al., Appellants, v. PESARO IMPORTS, INC., etc., et
al., Appellees.
TEXT: SCHWARTZ, Chief Judge. We find nothing in the terms of the lease, the conduct of parties,
or...1985); cf. Levy v. Home Depot, Inc., 518 So.2d 941 (Fla. 3d DCA 1987). Accordingly, the summary
judgments entered below for the tenant are affirmed.
100-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.
101-CITE: 576 So.2d 754 CLASS OF OWNERS AND TENANTS, Appellant, v. FLORIDA POWER & LIGHT COMPANY, etc.,
et al., Appellees.
TEXT: PER CURIAM. We find no error in the dismissal of appellant s claims for any damage caused
by... and smoke. We remand for further proceedings consistent with this opinion. ANSTEAD and STONE,
JJ., and FENNELLY, JOHN E., Associate Judge, concur.
102-CITE: 464 So.2d 1287 Alexander SMITH, Appellant, v. Svetlana SMITH, Appellee.
TEXT: COWART, Judge. This case involves the right of a co-tenant to rental from another
co-tenant.... Verdier v. Verdier, 313 P.2d 123, 152 Cal.App.2d 348 (1957), cited in note 26 to
Crigger v. Florida Power Corp., 436 So.2d 937 (Fla. 5th DCA 1983).
103-CITE: 479 So.2d 155 Gwen ENFIELD, Appellant Cross-Appellee, v. Steven N. ENFIELD, Appellee
Cross-Appellant.
TEXT: PER CURIAM. Paragraph L of the Amended Final Judgment Dissolving Marriage provides, inter
al...s credit is to be assessed against the husband s share in the proceeds of the sale of the
house. With that clarification, the judgment is Affirmed.
104-CITE: 473 So.2d 288 PIERETH, DEERWESTER, LLOYD, OBERTEIN and PETRICK, Appellants, v. OLD BRIDGE
CORPORATION d b a Old Bridge Park, Appellee.
TEXT: GRIMES, Acting Chief Judge. This is the second chapter of a dispute between Old Bridge Park
...nces. We reverse the judgment against Piereth and remand for a hearing to determine damages to be
awarded in his favor. SCHEB and OTT, JJ., concur.
105-CITE: 736 So.2d 786 William KIRCHHOFF, individually, and as Trustee of the William E. Kirchhoff,
Jr., Revocable Trust, Appellant, v. Meredith L. SCOTT, individually, and as Trustee, John R. Arnold,
S. David Spector, Patterson W. Moseley, Sherry B. Moseley, Lawrence J. Byrne, Andrew S. Taussig, and
John Ochsner, Appellees.
TEXT: ALTENBERND, Acting Chief Judge. William Kirchhoff, individually, and as trustee of the
Willi...ens. See Ashland Oil, Inc. v. Florida, Dep t of Transp., 352 So.2d 567 (Fla. 2d DCA 1977).
Reversed and remanded. BLUE and NORTHCUTT, JJ., Concur.
106-CITE: 509 So.2d 1201 Gordon S. SALAMY, Appellant, v. STATE of Florida, Appellee.
TEXT: NIMMONS, Judge. Appellant, having pled nolo contendere to manufacturing cannabis, appeals
fr...unk of appellant s car. Reversed and remanded with directions to enter an order granting the
motion to suppress. SHIVERS and THOMPSON, JJ. concur.
107-CITE: 439 So.2d 1044 Norris OAKLEY, Appellant, v. Eugenie OAKLEY, Appellee.
TEXT: PER CURIAM. This is an appeal from that portion of a final judgment of dissolution
requiring...(Fla. 2d DCA 1977). The instant trial court lacked both imperatives, and thus exceeded
its jurisdiction. LETTS, GLICKSTEIN and WALDEN, JJ., concur.
108-CITE: 479 So.2d 800 Mr. & Mrs. Dale APPEL, et al., Appellants, v. John SCOTT and Catherine Scott,
his wife, and George Scott, Appellees. Mr. & Mrs. Helge AHNFORS, Appellants, v. John SCOTT and
Catherine Scott, his wife, and George Scott, Appellees.
TEXT: RYDER, Chief Judge. The appellants plaintiffs appeal a final order in which the court
grante...d a hearing on the merits, we must reverse. Reversed and remanded for proceedings
consistent with this opinion. SCHEB and SCHOONOVER, JJ., concur.
109-CITE: 446 So.2d 1129 COMMUNITY FEDERAL SAVINGS AND LOAN ASSOCIATION OF the PALM BEACHES, Appellant,
v. Richard G. ORMAN and Joyce W. Orman, his wife; First American Bank of Palm Beach County; and
Wilcox Gallery of Homes, a Florida corporation, Appellees.
TEXT: LETTS, Judge. This appeal arises from a trial judge s dismissal of a suit to foreclose a
mor...emanded in view of existing law which might indicate a contra result. AFFIRMED. *1132
HERSEY, J., concurs. BERANEK, J., dissents without opinion.
110-CITE: 469 So.2d 934 Charles W. FRANKS, Appellant, v. Virginia FRANKS, Appellee.
TEXT: PER CURIAM. The order awarding the appellant s interest in the property owned by himself
and... or other monies due from appellant under the judgment as allowed by law. See, e.g., Sections
61.11, .12, .17, Fla.Stat. (1983); Fla.R.Civ.P. 1.570.
111-CITE: 445 So.2d 1032 K.D. LEWIS ENTERPRISES CORPORATION, INC., a Florida corporation, Appellant
Cross-Appellee, v. Edward SMITH, Lucy Lang and Mildred Williams, Appellees Cross-Appellants.
TEXT: FRANK D. UPCHURCH, Jr., Judge. K.D. Lewis Enterprises Corporation, Inc., the owner and
landl...ve granted the landlord s motion to set aside the verdicts on punitive damages. AFFIRMED in
part, REVERSED in part. DAUKSCH and COBB, JJ., concur.
112-CITE: 576 So.2d 1382 Amy Fitzsimons BODE, Appellant, v. Mark Wellman BODE, Appellee.
TEXT: PER CURIAM. We affirm this cause upon the authority of Canakaris v. Canakaris, 382 So.2d
119...onclusion reached upon that particular aspect. AFFIRMED IN PART; REMANDED FOR FURTHER
PROCEEDINGS. HERSEY, C.J., and LETTS and POLEN, JJ., concur.
113-CITE: 514 So.2d 428 Manuel A. SUAREZ, Appellant, v. Doris SUAREZ, Appellee.
TEXT: PER CURIAM. We find ourselves in agreement with both of the ex-husband s contentions on his
...ng circumstances, including the change required by our determination concerning the disposition
of the home. Reversed and remanded with directions.
114-CITE: 725 So.2d 436 Shelman MORSE, Appellant, v. KOHL, METZGER, SPOTTS, P.A., Appellee.
TEXT: PER CURIAM. We reverse an order denying Appellant s verified motion to dissolve a
post-judgm...e reverse and remand for further proceedings consistent with this opinion. STONE,
C.J., KLEIN, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
115-CITE: 492 So.2d 1175 Christine BAILEY, Appellant, v. Lee O. PARKER, Appellee.
TEXT: SHIVERS, Judge. This case involves an appeal of a final judgment ordering the partition of
r...mpletely negated such presumption and warranted a factual determination of the respective
interests based on relative contribution of consideration.
116-CITE: 593 So.2d 1190 Isabel VALDIVIA, Appellant, v. Esther Fajardo VALDIVIA, Appellee.
TEXT: PER CURIAM. Appellant Isabel Valdivia, the ex-wife of decedent, Jose Valdivia, M.D., claims
...er claim. Accordingly, we reverse the trial court s order and remand the case to permit
appellant to prosecute her petition to void the conveyance.
117-CITE: 524 So.2d 693 Arthur E. THOMAS, et al., Appellants, v. Rebert JONES, et al., Appellees.
TEXT: ON MOTION FOR REHEARING AND REHEARING EN BANC PER CURIAM. Pursuant to the appellants
motion... procedural unconscionability. This case went to trial, and the circumstances of no
meaningful choice were alleged and proved. DANIEL, J., concurs.
118-CITE: 509 So.2d 1273 Francis DONNELLY, v. FIRST MUTUAL SAVINGS ASSOCIATION OF FLORIDA, Appellee.
TEXT: ERVIN, Judge. Appellant, Francis Donnelly, appeals the granting of a summary judgment to
Fir...rd states in pertinent part: This account may be pledged in whole or in part as security for
any loan made by you to one or more of the undersigned.
119-CITE: 530 So.2d 938 Ford S. HAUSMAN, as Orange County Property Appraiser, Appellant, v. BAYROCK
INVESTMENT COMPANY, Appellee.
TEXT: SHARP, Chief Judge. Ford S. Hausman, Orange County Property Appraiser, appeals from a final
...ational Corp. v. Blake, 287 So.2d 129 (Fla. 3d DCA 1973), cert. den., 294 So.2d 91 (Fla.1974);
Kauffman. REVERSED. ORFINGER and COBB, JJ., concur.
120-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.
121-CITE: 680 So.2d 1063 Robert BRANDT, James Brandt, Gary Brandt and John Brandt, d b a Pix Realty,
Appellants, v. DADE DENTAL CENTER, INC., Appellee.
TEXT: SHEVIN, Judge. Robert Brandt, James Brandt, Gary Brandt and John Brandt d b a Pix Realty
[la...state taxes levied . . . against the building of which the demised premises form a part and
land upon which the same is erected. (emphasis supplied)
122-CITE: 613 So.2d 551 Hollie M. HOWES, n k a Hollie M. Hatch, Appellant, v. Gerald HOWES, Appellee.
TEXT: PER CURIAM. In this divorce action the wife appeals from a final judgment of dissolution.
Sh...tion of this case. Reversed and remanded for further consistent proceedings. LETTS and POLEN,
JJ., and ALDERMAN, JAMES E., Senior Justice, concur.
123-CITE: 463 So.2d 1219 Kenneth W. MAYER, Appellant, v. Dominic CIANCIOLO, as Personal Representative
of the Estate of Anita Ann Mayer Reeves, Appellee.
TEXT: FERGUSON, Judge. By this appeal, plaintiff challenges an amended final judgment which
denied... (1925). But the mere existence of kinship, without more, does not give rise to such a
relation. In re Null s Estate, 302 Pa. 64, 153 A. 137 (1930).
124-CITE: 466 So.2d 3 Wayne V. PHILLIPS, Appellant, v. Carole D. PHILLIPS, Appellee.
TEXT: LETTS, Judge. In the final judgment of dissolution, the trial judge specifically found that
...date of this opinion. The remainder of the final judgment is affirmed in all respects. REVERSED
AND REMANDED. HERSEY and GLICKSTEIN, JJ., concur.
125-CITE: 689 So.2d 1169 Brigitte Michelle ENGELBRECHT, Appellant, v. Polly Anne EARL, as Personal
Representative of the Estate of Oscar A. Jose, Jr., Appellee.
TEXT: PER CURIAM. This appeal arises from an order entered in probate and involves the
apportionme... to the decedent s interest in jointly held property. We agree with Pfeifer and
therefore affirm. GUNTHER, C.J., and FARMER and KLEIN, JJ., concur.
126-CITE: 549 So.2d 712 Sylvia M. HARRISON and Edward F. Hickey, Jr., Appellants, v. SAVERS FEDERAL
SAVINGS AND LOAN ASSOCIATION, Appellee.
TEXT: ERVIN, Judge. Appellants (defendants below) appeal a deficiency judgment in the amount of
$8...mine the value of the subject property based upon competent evidence placed before it. ZEHMER,
J., concurs. WENTWORTH, J., agrees with conclusion.
127-CITE: 678 So.2d 501 Robert SMEATON, Appellant, v. Christine SMEATON, Appellee.
TEXT: PER CURIAM. The former husband challenges a final judgment of dissolution of marriage. He
ra...nt dealing with equitable distribution and remand for further proceedings consistent with this
opinion. JOANOS, WOLF and VAN NORTWICK, JJ., concur.
128-CITE: 497 So.2d 286 DORAN JASON COMPANY, Appellant, v. William R. BRADDON, Appellee.
TEXT: PER CURIAM. This is an appeal of a final judgment entered after a jury verdict in favor of
r...oject. Accordingly, we reverse that portion of the final judgment awarding $1,830,914 to
Braddon. Affirmed in part, reversed in part, and remanded.
129-CITE: 478 So.2d 478 Huston L. MASSEY, Appellant, v. Alice E. MASSEY, Appellee.
TEXT: SCHEB, Acting Chief Judge. Huston L. Massey, the husband, appeals from a final judgment of
d... time frame for the husband s use and possession of the home pending sale. Otherwise, we affirm
the final judgment. CAMPBELL and HALL, JJ., concur.
130-CITE: 473 So.2d 708 Lynn C. HAVENER, Appellant, v. Dwight HAVENER, Appellee.
TEXT: PER CURIAM. Affirmed. GRIMES, A.C.J., and SCHEB and OTT, JJ., concur. ON MOTION FOR
REHEAR...n of the sailboat. See Section 689.15, Fla.Stat. (1983). Otherwise, the final judgment is
affirmed. GRIMES, A.C.J., and SCHEB and OTT, JJ., concur.
131-CITE: 502 So.2d 53 Lewis Parnell CHURCHVILLE, Appellant, v. Betty Faye VARNER, Appellee.
TEXT: PER CURIAM. We have for review a final judgment of partition ordering the public sale of
cer...d for further proceedings consistent herewith. REVERSED and REMANDED. JOANOS and ZEHMER,
JJ., and MINER, CHARLES E., Jr., Associate Judge, concur.
132-CITE: 543 So.2d 301 W. Kent CAMPBELL, Appellant, v. Gene H. CAMPBELL, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order denying his complaint for partition of
...gia order full faith and credit. Sammons v. Sammons, 479 So.2d 223 (Fla. 3d DCA 1985). The order
is affirmed. THOMPSON and WIGGINTON, JJ., concur.
133-CITE: 757 So.2d 1267 D & H DISTRIBUTING COMPANY, Appellant, v. HUTTIG SASH & DOOR COMPANY, a foreign
corporation, Brunswick Enterprises, Inc., d b a Brunswick Door Company, a Florida corporation, and
Jerry Downing and Stacy Downing, his wife, Appellees.
TEXT: FARMER, J. D & H Distributing Company and Brunswick Enterprises rented commercial space
from...udgment in Huttig s favor was inappropriate. See Moore v. Morris, 475 So.2d 666 (Fla.1985).
REVERSED AND REMANDED. POLEN and HAZOURI, JJ., concur.
134-CITE: 579 So.2d 193 BRASSERIA LA CAPANNINA, INC. and Vita Murphy, Appellants, v. Murphy H. GOODMAN,
Appellee.
TEXT: PER CURIAM. Appellants Defendants Brasseria La Capannina, Inc. and Vita Murphy (Tenants)
app...ire that a writ issue but is simply directory as to the circumstances under which a writ may
*195 issue, who may issue it, and the effect of a writ.
135-CITE: 537 So.2d 630 Arnold PAU, Jr., Appellant, v. Yvette PAU, Appellee.
TEXT: THREADGILL, Judge. The former husband files this interlocutory appeal, claiming error in
the...erty, is moot because the order requiring sale was affirmed on appeal. The order appealed
from is affirmed. SCHEB, A.C.J., and PARKER, J., concur.
136-CITE: 492 So.2d 421 William L. FURLONG and Jane P. Furlong, Appellants, v. FULLER & JOHNSON, P.A.,
and S. William Fuller, Jr., Fred M. Johnson and Patrick J. Farrell, Jr., individually, Appellees.
TEXT: WENTWORTH, Judge. Appellants seek review of an order by which they are enjoined from
interfe...is thus properly applied. See Leffler v. Smith, 388 So.2d 261 (Fla. 5th DCA 1980). The
order appealed is affirmed. MILLS and NIMMONS, JJ., concur.
137-CITE: 722 So.2d 273 James E. SACKETT, Appellant, v. Ernest W. SHAHID, individually, E & M Land
Investors, Ltd.; Margaret P. Shahid, individually; and Shoreline Realty of Destin, Inc., n k a
Shahid, Inc., a Florida corporation, Appellees.
TEXT: VAN NORTWICK, J. James E. Sackett appeals an adverse judgment entered in supplementary
proce...issue as well. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings
consistent with this opinion. JOANOS and WOLF, JJ. concur.
138-CITE: 469 So.2d 153 Richard J. FOWLER, Charles A. Fowler, III, and Anna L. Fowler, Appellants, v.
RESASH CORP., a Florida corporation, and Riviera Plaza Associates, Inc., a Florida corporation,
Appellee.
TEXT: PER CURIAM. Richard J. Fowler, Charles A. Fowler, III and Anna L. Fowler, the lessors of a
n...aside the jury verdict herein and entering judgment for the lessees is affirmed. The balance of
the order under review is moot. Affirmed as stated.
139-CITE: 466 So.2d 18 Patsy P. WITTENSTEIN, Appellant, v. Sheldon WITTENSTEIN, Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. Patsy Wittenstein appeals from a final judgment of
dissolutio...er lump sum alimony is appropriate and if so, in what amount. AFFIRMED in part;
REVERSED in part and REMANDED. COBB, C.J., and COWART, J., concur.
140-CITE: 593 So.2d 491 Joan T. ROBERTSON, Petitioner, v. David L. ROBERTSON, Respondent.
TEXT: PER CURIAM. We review Robertson v. Robertson, 569 So.2d 852 (Fla. 4th DCA 1990), because of
...t conflicts with this opinion. It is so ordered. SHAW, C.J., and OVERTON, McDONALD, BARKETT,
KOGAN and HARDING, JJ., concur. GRIMES, J., recused.
141-CITE: 641 So.2d 965 Edward J. BARBERIO, Appellant, v. Florence SMITH, Appellee.
TEXT: PER CURIAM. On Motion for Rehearing On consideration of appellant s motion for rehearing,
w...e. McCoy v. Love, 382 So.2d 647 (Fla.1979). The remaining points presented are meritless.
Accordingly, the final judgment under review is affirmed.
142-CITE: 743 So.2d 1165 SEMINOLE COUNTY, Appellant Cross-Appellee, v. SANFORD COURT INVESTORS, LTD., et
al., Appellees Cross-Appellants.
TEXT: ON MOTION FOR CLARIFICATION ANTOON, C.J. After granting appellees motion to supplement the
...r us to rule on this issue in light of our holding that the trial court improperly admitted
expert testimony regarding the tenants business damages.
143-CITE: 529 So.2d 1263 CONSOLIDATED REAL ESTATE INVESTMENTS, INC., Appellant, v. Jimmy PADILLA, a
minor, by and through his father, Justo Padilla, and Justo Padilla, individually, Appellees.
TEXT: PER CURIAM. Consolidate Real Estate Investments, Inc., owner of a mobile home park, appeals
...e Padillas pursuant to the jury verdict. City of Pensacola v. Stamm, 448 So.2d 39 (Fla. 1st DCA),
rev. denied, 456 So.2d 1181 (Fla.1984). Affirmed.
144-CITE: 589 So.2d 994 COUNTRYWIDE FUNDING CORPORATION, Appellant, v. Mary PALMER, Individually and as
Personal Representative of the Estate of Jose G. Baca; and Adelina Hentzschel, Appellees.
TEXT: LEHAN, Judge. We reverse the final judgment which denied relief to appellant, Countrywide
Fu...a position in which he could convey his interest. Reversed and remanded for proceedings
consistent herewith. SCHEB, A.C.J., and RYDER, J., concur.
145-CITE: 503 So.2d 399 Anne Marie FISCHER, Appellant, v. Gary FISCHER, Appellee.
TEXT: PER CURIAM. By this appeal, the wife in a dissolution of marriage proceeding challenges
vari.... See Pub. Employees Relations Comm n v. District School Bd., 374 So.2d 1005, 1010-1011 (Fla.
2d DCA 1979), cert. denied, 383 So.2d 1193 (Fla.1980).
146-CITE: 597 So.2d 877 Vurest Barbara SULLIVAN, Appellant, v. Earl R. SULLIVAN, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from an order awarding credits, rents,
attorne...rmine whether the trial court found ouster. Accordingly, we remand for appropriate
findings in light of Bailey. BOOTH, WOLF AND KAHN, JJ., concur.
147-CITE: 481 So.2d 1255 A.J. LARREA, Appellant Cross-Appellee v. KINA INVESTMENTS, INC., Appellee
Cross-Appellant.
TEXT: FERGUSON, Judge. Appellant, A.J. Larrea, owned a building which he sold to appellee, Kina
In...n replevin action was not entitled to money damages where such a claim was neither raised in
the pleadings nor tried by express or implied consent).
148-CITE: 618 So.2d 323 David WILLIAMS, Appellant, v. The STATE of Florida, Appellee.
TEXT: JORGENSON, Judge. David Williams appeals from a judgment of conviction for possession with
i...t also to a deterioration of the physical environment that requires substantial government
expenditure. . . . 42 U.S.C.A. Section 11901 (West 1992).
149-CITE: 581 So.2d 53 THE FLORIDA BAR, Complainant, v. James C. McKENZIE, Respondent.
TEXT: PER CURIAM. This is a lawyer disciplinary proceeding in which the respondent, James C.
Mcken...hich sum let execution issue. It is so ordered. SHAW, C.J., and OVERTON, BARKETT, GRIMES,
KOGAN and HARDING, JJ., concur. McDONALD, J., dissents.
150-CITE: 544 So.2d 1128 Arthur TRAGER, Appellant, v. Barbara Joy TRAGER, Appellee.
TEXT: PER CURIAM. We reverse the trial court s post-judgment order granting the wife s motion for
...usband s share of expenses. See Brandt *1129 v. Brandt, 525 So.2d 1017 (Fla. 4th DCA 1988).
Reversed. GLICKSTEIN, WARNER and GARRETT, JJ., concur.
151-CITE: 755 So.2d 157 James H. BATMASIAN d b a Investments Limited, Appellant, v. Paul BALLACHINO,
Appellee.
TEXT: FARMER, Judge. We reverse the summary judgment finding liability in favor of plaintiff and
d...le for, and shall secure, the payment of compensation to all such employees, except to employees
of a subcontractor who has secured such payment. ).
152-CITE: 463 So.2d 348 Eli I. KAHN, Appellant, v. John S. POST and John S. Post, P.A., Appellees.
TEXT: PER CURIAM. Eli Kahn appeals from an adverse final summary judgment entered on his
complaint... Crevier, 438 So.2d 1011 (Fla. 4th DCA 1983); Drawdy v. Sapp, 365 So.2d 461 (Fla. 1st
DCA 1978). The final summary judgment is affirmed. Affirmed.
153-CITE: 448 So.2d 1252 J. David ROUNDTREE and Ernestine Roundtree, his wife, Appellants, v. J. Elliott
SMITH, Appellee.
TEXT: DELL, Judge. J. David Roundtree and Ernestine Roundtree appeal from an order dismissing the
...he trial court is reversed and remanded for further proceedings consistent herewith. REVERSED
and REMANDED. ANSTEAD, C.J., and DOWNEY, J., concur.
154-CITE: 439 So.2d 984 John Edward PEACOCK, Appellant, v. Theresa Marie PEACOCK, Appellee.
TEXT: PER CURIAM. The point presented in this appeal is whether the trial court erred in failing
t...rt was correct in ruling that appellant had not shown his entitlement to partition. Farkas v.
Farkas, 426 So.2d 1213 (Fla. 4th DCA 1983). Affirmed.
155-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.
156-CITE: 456 So.2d 935 LENNAR CORPORATION, Appellant, v. DYNAMIC CABLEVISION OF FLORIDA, INC., Mark H.
Ellis, Ernesto Rodriguez and Jesus R. Checa, Appellees.
TEXT: PER CURIAM. In Storer Cable T.V. of Florida, Inc. v. Summerwinds Apartments Associates
Ltd.,...able T.V. of Florida Inc. v. Summerwinds Apartments Associates, Ltd., 451 So.2d 1034.
Reversed with directions to enter judgment for the appellant.
157-CITE: 724 So.2d 182 Jorge NUNEZ and Leonor Nunez, Appellants, v. Pedro L. FERNANDEZ and Ana E.
Fernandez, Appellees.
TEXT: PER CURIAM. In the instant case, Jorge and Leonor Nunez filed a mortgage foreclosure action
...7 So.2d 959, 960 (Fla. 3d DCA), review denied, 408 So.2d 1092 (Fla.1981). Reversed and remanded
for entry of judgment consistent with this opinion.
158-CITE: 531 So.2d 1058 Cayetano TERREROS, Appellant, v. Deborah TERREROS, Appellee.
TEXT: BASKIN, Judge. Cayetano Terreros appeals the trial court s entry of a Final Judgment
Dissolv...r ruling, we remand the cause to enable the trial court to reevaluate all its awards.
Affirmed in part; reversed in part; remanded with directions.
159-CITE: 459 So.2d 473 Patricia Granger BASSETT, Appellant, v. Frederick Scott BASSETT, Appellee.
TEXT: PER CURIAM. The appellant, Patricia Granger Bassett, appeals from the final judgment
dissolv...itative alimony to appellant for two years. We affirm the judgment in all other respects.
GRIMES, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
160-CITE: 447 So.2d 928 Lourdes Suarez-Murias DUARTE, Appellant, v. Gilberto DUARTE, Appellee.
TEXT: PER CURIAM. The appellant complains of one feature of a final judgment dissolving a
marriage...h. (FN2) The trial court shall award the appellant attorney s fees for services in this
court upon a final resolution of theis matter in that forum.
161-CITE: 568 So.2d 505 BOCA PALM INVESTMENTS, INC., and Boca Partners I, Appellants, v. JERDON
INCORPORATED, a Florida corporation and Donald S. Rich, Appellees.
TEXT: PER CURAIM. Appellants Plaintiffs Boca Palm Investments (Boca Palm) and Boca Partners I
(Boc...the fraud count of Boca Palm s and Boca Partners fourth amended complaint. REVERSED AND
REMANDED. HERSEY, C.J., and DELL and GUNTHER, JJ., concur.
162-CITE: 453 So.2d 77 Mary Prime HARMON, Appellant, v. Harold D. HARMON, Appellee.
TEXT: NESBITT, Judge. A judgment dissolving the parties marriage left them as tenants in common
of...ncial positions of the parties would otherwise justify a fee award, we reverse and remand to
the trial court for a determination of the proper fees.
163-CITE: 616 So.2d 163 FIRST CAPITAL INCOME AND GROWTH FUNDS, LTD.--SERIES XII, and First Capital
Properties Corp., Appellants, v. Stanley J. BAUMANN, et al., Appellees.
TEXT: PER CURIAM. The defendants, First Capital Income and Growth Fund, Ltd.--Series XII and
First...substantial evidence. Vole, 131 Ill.Dec. at 17, 538 N.E.2d at 205; Laufer v. Norma Fashions,
Inc., 418 So.2d 437, 439 (Fla. 3d DCA 1982). Affirmed.
164-CITE: 526 So.2d 131 Edna C. CHAPMAN, Edwina Demetree, and Margaret Jean Leno, Appellants
Cross-Appellees, v. Arthur Edward CHAPMAN, Linda Rhodes, Estelle M. Fay, Frank Walton Chapman, III,
and Muriel Thielen, Appellees Cross-Appellants.
TEXT: JORGENSON, Judge. Edna Chapman and her grantees Margaret Jean Leno and Edwina Demetree
appea...l of attorney s fees to the remaindermen. Affirmed in part, reversed in part, and remanded
for further proceedings in accordance with this opinion.
165-CITE: 599 So.2d 765 Teresa Robinson TURNER, Appellant, v. William Russell TURNER, Appellee.
TEXT: DIAMANTIS, Judge. Teresa Turner (the former wife) appeals the non-final order determining
th...nt on the pleadings and remand this cause for proceedings consistent with this opinion.
REVERSED and REMANDED. W. SHARP and PETERSON, JJ., concur.
166-CITE: 448 So.2d 1227 Raymond J. KENNEDY, Appellant, v. Donna A. KENNEDY, Appellee.
TEXT: GRIMES, Judge. In this appeal from a judgment of marriage dissolution, the husband
complains...tained exclusive possession in order to raise the children. We affirm the judgment in
all other respects. BOARDMAN, A.C.J., and DANAHY, J., concur.
167-CITE: 705 So.2d 108 Joshua DAVIS, a minor, By and Through his next friend, Cameo DAVIS, and Cameo
Davis, individually, Appellants, v. Lee BELL, individually, d b a Kic Real Estate, and as Trustee
for Lee Bell Family Trust, Appellee.
TEXT: NORTHCUTT, Judge. Joshua and Cameo Davis appeal the final judgment dismissing their
negligen...e reverse and remand with instructions to reinstate the Davises action against Bell.
Reversed and remanded. BLUE, A.C.J., and WHATLEY, J., concur.
168-CITE: 498 So.2d 527 Patricia A. MARCHERET, Appellant, v. John W. MARCHERET, Appellee.
TEXT: PER CURIAM. This is an appeal from a final judgment dissolving an eighteen-year marriage,
de...the matter be conducted before another trial judge to be administratively assigned in the
customary manner. Reversed and remanded, with directions.
169-CITE: 432 So.2d 604 Marion CHILDS, Appellant, v. Morton WEISSMAN and Harold Steiner, Appellees.
TEXT: FERGUSON, Judge. The question presented is whether a purchaser of land adjacent to a
dedicat...ad nothing to quit-claim to North Dade Investments in 1960; thus, there was nothing for
appellees, eventual purchasers, to take by tax deed in 1980.
170-CITE: 590 So.2d 1099 ORLANDO ORANGE COUNTY EXPRESSWAY AUTHORITY, Appellant, v. ORANGE NORTH
ASSOCIATES, Appellee.
TEXT: PETERSON, Judge. The Orlando Orange County Expressway Authority appeals an order of taking,
...he Florida Supreme Court declared these sections unconstitutional in Joint Ventures, Inc. v.
Department of Transportation, 563 So.2d 622 (Fla.1990).
171-CITE: 737 So.2d 1248 Patricia E. HAMILTON, etc., Appellant, v. George B. HUGHES, Sr., et al.,
Appellee.
TEXT: DAUKSCH, J. Appellant Patricia Hamilton appeals the post-foreclosure distribution of excess
...ation of an undeserved windfall. ORDER VACATED; REMANDED FOR ENTRY OF ORDER IN COMPLIANCE
HEREWITH. PETERSON, J., and MIHOK, Associate J., concur.
172-CITE: 551 So.2d 585 Carroll Crim WILLIAMS, Appellant, v. Ruth W. SHULER, Appellee.
TEXT: PER CURIAM. We are asked to review a trial court s final judgment declaring the parties
tena...tion 95.11, Florida Statutes, for an action on a judgment or decree of a court of record . .
., her claim is barred and should have been dismissed.
173-CITE: 639 So.2d 1004 Magally DIAZ, Appellant, v. SECURITY UNION TITLE INSURANCE COMPANY, et al.,
Appellees.
TEXT: PER CURIAM. Appellant, Magally Diaz (Diaz), appeals a final judgment in a partition action.
... an order rendering each party liable for one-half of the attorneys fees awarded. Affirmed in
part; reversed in part, and remanded with directions.
174-CITE: 432 So.2d 113 Clarence ENGLE, Appellant, v. Sarkis ACOPIAN and Bobbye Acopian, Appellees.
TEXT: SHARP, Judge. Engle appeals from a final judgment entered after a non-jury trial, which
requ...0 (1954). Whatever Sarkis may know about Lot 36 is not imputed, ipso facto, to his wife,
Bobbye. They are not co-tenants of Lot 36. I would affirm.
175-CITE: 442 So.2d 373 Ernest HILER, Appellant, v. Margaret HILER, Appellee.
TEXT: BOARDMAN, Judge. In this dissolution of marriage proceeding, the husband contends that the
t...ks merit. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent
with this opinion. OTT, C.J., and LEHAN, J., concur.
176-CITE: 454 So.2d 10 FEDERATED DEPARTMENT STORES, INC. d b a Burdines, Appellant, v. Jane DOE and John
Doe, her husband, and Equity Properties and Development Company, Inc., Appellees. EQUITY PROPERTIES
AND DEVELOPMENT COMPANY, INC., Appellant, vs. Jane DOE and John Doe, her husband, Appellees.
TEXT: JORGENSON, Judge. Federated Department Stores, Inc., d b a Burdines [Burdines] and its
co-de... remanded with directions to enter a final judgment finding Equity 100% negligent. Affirmed
in part, reversed in part and remanded with directions.
177-CITE: 490 So.2d 253 Louriese MURBACH, Appellant, v. Richard MURBACH, Appellee.
TEXT: PER CURIAM. Appellant attacks that portion of the judgment of dissolution which reads as
fol... respect to the other issues argued on appeal. Except as indicated above, we affirm the
judgment. GRIMES, A.C.J., and RYDER and HALL, JJ., concur.
178-CITE: 613 So.2d 1358 MLH PROPERTY MANAGERS, INC., Appellant, v. Clyde COX, et al., Appellees.
TEXT: WARNER, Judge. Appellant challenges the trial court s order denying its motion for
injunctiv...ial court and remand for a hearing to determine the amount of rent required to be
deposited under section 723.063(2). LETTS and POLEN, JJ., concur.
179-CITE: 452 So.2d 129 Millicent A. BIGGS, Appellant, v. Selbourne A. BIGGS, Appellee.
TEXT: LEHAN, Judge. In this action for reformation of a deed on grounds of mistake and unjust
enri...d be admitted. The parol evidence rule does not bar its admission. REVERSED AND REMANDED FOR
NEW TRIAL. RYDER, A.C.J., and SCHOONOVER, J., concur.
180-CITE: 560 So.2d 1208 The GREEN COMPANIES, INC., OF FLORIDA, Appellant, v. KENDALL RACQUETBALL
INVESTMENTS, LTD., American Racquetball Corp., and Scandinavian Health & Fitness Centers, Inc.,
Appellees.
TEXT: PER CURIAM. The Green Companies, Inc., of Florida ( Green ), plaintiff below, appeals on
adv...e been admitted. (FN8) As this is a proceeding in equity, the question of fashioning relief is
addressed to the sound discretion of the trial court.
181-CITE: 445 So.2d 400 William R. LACY, Appellant, v. Herbert SEEGERS, Jr., and Mary Seegers, his wife,
Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. Appellant William Lacy appeals from a summary judgment
render...gers. The facts are not in dispute. We therefore reverse and remand for entry of summary
judgment for appellant Lacy. COBB and COWART, JJ., concur.
182-CITE: 591 So.2d 1152 FIRST LEASING & FUNDING OF FLORIDA, INC., a Florida corporation, Appellant, v.
Lowell C. FIEDLER, d b a Island Pub, Ann Fiedler, as Guarantor, and Lantis, Inc., Betty Lantis and
Georgia Lantis, as Guarantors, Appellees.
TEXT: FRANK, Judge. First Leasing & Funding of Florida, Inc. (First Leasing) challenges an order
e...PRODUCE RENTAL INCOME. Reversed and remanded for further proceedings not inconsistent with this
opinion. CAMPBELL, A.C.J., and PARKER, J., concur.
183-CITE: 458 So.2d 398 GREAT SOUTHWEST FIRE INSURANCE COMPANY, Appellant, v. Lavern J. DeWITT and Lynn
DeWitt, his wife, Appellees.
TEXT: BARFIELD, Judge. The Great Southwest Fire Insurance Company appeals the denial of its
interp...es. Nevertheless, the Hector Supply opinion did not create an exception for mortgages in
its realty personalty scheme, and we decline to do so here.
184-CITE: 467 So.2d 474 John J. TOROK, Appellant, v. BLUE SKIES MOBILE HOME OWNERS ASSOCIATION, INC.,
etc., et al., Appellee.
TEXT: SHARP, Judge. Torok, the owner and manager of the Blue Skies Mobile Home Park, appeals from
...r any further motions for injunctive relief. REVERSED AND REMANDED. FRANK D. UPCHURCH, Jr., J.,
concurs. DAUKSCH, J., concurs in conclusion only.
185-CITE: 556 So.2d 438 Ellen VADALA, n k a Ellen Wilson, Appellant, v. Louis VADALA, Appellee.
TEXT: PER CURIAM. The wife appealed the Final Judgment of Dissolution which ordered the sale and
p... 1085 (Fla. 5th DCA 1979). AFFIRMED in part; REVERSED in part. DOWNEY and WALDEN, JJ., and
McNULTY, JOSEPH P., (Retired), Associate Judge, concur.
186-CITE: 459 So.2d 413 Carron M. CUTLER, Appellant, v. The BOARD OF REGENTS OF the STATE OF FLORIDA,
Appellee.
TEXT: SMITH, Judge. This is an appeal by Carron M. Cutler from an order dismissing her complaint,
...abitability. This cause is REVERSED and REMANDED to the trial court for proceedings consistent
with this opinion. JOANOS and NIMMONS, JJ., concur.
187-CITE: 716 So.2d 315 Wallace R. PLAPINGER, etc., et al., Appellants, v. EASTERN STATES PROPERTIES
REALTY CORP., etc., Appellee.
TEXT: W. SHARP, Judge. Wallace R. Plapinger, Alan Plapinger and Mervyn Platt, individually and d
b... v. Palm Chevrolet-Oldsmobile, Inc., 388 So.2d 638 (Fla. 2d.DCA 1980); United Services
Automobile Ass n v. Kiibler, 364 So.2d 57 (Fla. 3d DCA 1978).
188-CITE: 581 So.2d 1387 In re ESTATE OF Sidney I. FIELDS, Appellant, v. Sandra R. FIELDS, Appellee.
TEXT: BASKIN, Judge. Ronnie Fields, as personal representative of the Estate of Sidney I. Fields,
... entirety did not exist, the bonds passed to the wife, along with the contents of the safe
deposit box, as a gift inter vivos. Winterton. Reversed.
189-CITE: 566 So.2d 336 Dan Wayne McCORD, Appellant, v. STATE of Florida, Appellee.
TEXT: SMITH, Judge. Appellant appeals his conviction for possession of cocaine, contending the
tri...tate, i.e., whether Feehley s acts should be considered the acts of a private citizen or state
action. AFFIRMED. BOOTH and WENTWORTH, JJ., concur.
190-CITE: 647 So.2d 907 AMSOUTH BANK OF FLORIDA, Appellant, v. William E. HEPNER, Appellee.
TEXT: BENTON, Judge. Amsouth Bank of Florida (Amsouth) appeals the denial of plaintiff s motion
fo...s names conjunctively on finding insufficient the extrinsic evidence [conclusory testimony by
the spouses] that they intended an entireties estate).
191-CITE: 524 So.2d 480 Pamela MOSS, Appellant, v. TEN ASSOCIATES d b a West Club Apartments, William
Gautier, as Trustee and Receiver for West Club Apartments, Howard Gross, Jerry Gross, et al.,
Appellees.
TEXT: PER CURIAM. Pamela Moss appeals from on order granting summary final judgment and a
directed...rdingly, we reserve the summary final judgment and directed verdict and remand for
proceedings consistent with this opinion. Reversed and remanded.
192-CITE: 562 So.2d 363 Jean B. BERTONE, Appellant, v. Antonio M. BERTONE, Appellee. Antonio M. BERTONE,
Cross-Appellant, v. Jean B. BERTONE, Cross-Appellee.
TEXT: SCHEB, Judge. In these consolidated appeals, we address issues concerning awards of
alimony,...der appealed in number 89-02451. *365 Affirmed in part, reversed in part, and remanded
with directions. CAMPBELL, C.J., and PATTERSON, J., concur.
193-CITE: 662 So.2d 1389 Kenneth L. ROBIE and Barbara G. Robie, Appellants, v. PORT DOUGLAS (FLORIDA),
INC., Appellee.
TEXT: PARIENTE, Judge. Following default by Inverrary Cinema Corp. (tenant), appellee Port
Douglas...ourt on the issue of lien priority, we need not reach the other issues raised in this
appeal. REVERSED AND REMANDED. POLEN and KLEIN, JJ., concur.
194-CITE: 446 So.2d 177 Thomas L. LEMON and Bettye Lemon, et al., Appellants Cross Appellees, v. ASPEN
EMERALD LAKES ASSOCIATES, LTD., Appellee Cross Appellant.
TEXT: COBB, Judge. This is a contract dispute arising from a class action instituted by the
tenant...ceding opinion. AFFIRMED IN PART, REVERSED IN PART and REMANDED for reconsideration
consistent with this opinion. DAUKSCH and COWART, JJ., concur.
195-CITE: 446 So.2d 169 Josephine B. WIGGINS, etc., Appellant Cross-Appellee, v. Olivia M. PARSON,
Appellee, and Lillie H. Dudley and Lecil O. Howell, Appellees Cross-Appellants.
TEXT: SHARP, Judge. The issue in this case is whether the complete withdrawal of funds from a
join...fter Broadhead s death before that of the other donee-tenants and the trial court s order
dismissing her third amended complaint should be affirmed.
196-CITE: 566 So.2d 866 WESTERN WORLD, INC., Joe Anderson and Dan Fletcher, Appellants, v. Grace H.
DANSBY, Appellee.
TEXT: ZEHMER, Judge. This is an appeal from a final declaratory judgment that declared an
agreemen...s reversed and the cause is remanded for further proceedings in accordance with this
opinion. REVERSED AND REMANDED. MINER and ALLEN, JJ., concur.
197-CITE: 611 So.2d 1268 Patricia ROTH, Appellant, v. Harold ROTH, Appellee.
TEXT: PER CURIAM. Patricia Roth, former wife of Harold Roth, appeals a final judgment granting
par... [four] minor children of the parties hereto. *1269 Affirmed in part; reversed in part; and
remanded for proceedings consistent with this opinion.
198-CITE: 487 So.2d 1099 Wanda B. WESCOTT, Appellant Cross Appellee, v. William J. WESCOTT, Appellee
Cross Appellant.
TEXT: UPCHURCH, Judge. Wanda Wescott appeals from a final judgment ordering the partition and
sale...did not prohibit partition of the home. The other points raised by the parties do not merit
discussion. AFFIRMED. DAUKSCH and SHARP, JJ., concur.
199-CITE: 472 So.2d 1325 Donna Buckley VANDERGRIET, Appellant, v. Robert H. BUCKLEY Appellee.
TEXT: ORFINGER, Judge. Donna Buckley Vandergrift, the former wife, appeals that portion of the
tri...ed occupancy of the dwelling, yet the court refused to find ouster on that fact alone. (FN4)
See Smith v. Smith, 464 So.2d 1287 (Fla. 5th DCA 1985).
200-CITE: 702 So.2d 286 159 EAST INC., a Florida corporation, d b a Italian Furniture Outlet and
Palladio, Inc., Appellants, v. Belle MARGOLIS, d b a Plumtree Centre, Appellee.
TEXT: PER CURIAM. We affirm the final judgment, entered in favor of the appellee, and agree with
t... of the lease s acceleration clause. See Dobbs v. Petko, 207 So.2d 11, 13 (Fla. 4th DCA 1968).
AFFIRMED. GLICKSTEIN, DELL and WARNER, JJ., concur.
201-CITE: 489 So.2d 99 CAREFREE VILLAGES, INC., and Thomas J. Flatley, Appellants, v. KEATING
PROPERTIES, INC., and First American Title Company of Sarasota, Appellees.
TEXT: PER CURIAM. Appellants, Carefree Villages, Inc., and Thomas J. Flatley, sellers of real
prop...ney s fees to the seller as provided for in the contract for purchase. Reversed and
remanded. RYDER, C.J., and GRIMES and SCHOONOVER, JJ., concur.
202-CITE: 703 So.2d 1214 SUN PLAZA, L.P., Appellant, v. WILBRO, INC., George E. Wilson, Sr., Stephen R.
Wilson, George E. Wilson, Jr., Appellees.
TEXT: PER CURIAM. Sun Plaza, Inc. (Sun Plaza), the lessor of a shopping center, appeals from a
fin...ections to hold further proceedings as necessary which *1215 are consistent with the dictates
of this opinion. BOOTH, JOANOS and WOLF, JJ., concur.
203-CITE: 480 So.2d 260 Janice R. LOWE, Appellant, v. Gordon B. SCOTT, Appellee.
TEXT: GRIMES, Judge. This is an appeal from a judgment of $15,146.20 determined to be owed as the
...ing, but we reverse the judgment and remand the case for a recalculation of the appropriate
amount owing to Scott. CAMPBELL and LEHAN, JJ., concur.
204-CITE: 754 So.2d 722 KAREN S TACK, INC., Richard J. Ludwig and Lisa J. Ludwig, d b a Karen s Cigars &
Accessories, Griffin Pawn & Check Cashing, Inc., H.I.J. Associates, Inc., V.I.P. Dry Cleaners, Inc.,
Leigh Potter-Wessel, d b a Miracle Workers Grooming and d b a Miracle-Myst Maine Coon Cats, Robert
Van Toorn d b a B & G Enterprises, ABC Typesetting & Printing, Inc., J.W. Hilton, D.V.M., P.A., and
Super Stop Foods, Inc., Appellants, v. STATE of Florida DEPARTMENT OF TRANSPORTATION, Shirley
Greenbaum, Allan Fishman, Benay Fishman, People s Telephone Company, Peter V. Balasky d b a Griffin
Animal Hospital, Town of Davie, Broward Board of County Commissioners, Appellees.
TEXT: PER CURIAM. Appellants are the tenants in a shopping center who appeal an order granting a
q...ewelry, and the resolution of that case will not change the result in this case. We find no
error and affirm. WARNER, KLEIN and GROSS, JJ., concur.
205-CITE: 598 So.2d 225 The TERRACE BANK OF FLORIDA, a Florida Banking Corporation, Appellant, v.
Earnest A. BRADY, Jr., and Barnett Bank of the Suncoast, N.A., Appellees.
TEXT: PARKER, Judge. The Terrace Bank of Florida appeals a trial court s final order dissolving a
...he witnesses when they testified. Nonetheless, his ruling does carry with it a presumption of
correctness, even if slight. I would therefore affirm.
206-CITE: 601 So.2d 1303 Maria Elena IBANEZ-VOGELSANG, Appellant Cross-Appellee, v. George C. VOGELSANG,
Appellee Cross-Appellant.
TEXT: FERGUSON, Judge. This appeal arises from a judgment, entered on the wife s complaint,
dissol... and substantial evidence *1304 as required by section 61.075(3), it cannot be disturbed.
Russ v. Russ, 576 So.2d 414 (Fla. 3d DCA 1991). Affirmed.
207-CITE: 558 So.2d 146 Anthony FERRONE, Appellant, v. Lawrence SOFFES, as Personal Representative of
the Estate of Julian Soffes, deceased, Appellee.
TEXT: COPE, Judge. The question before us is the interpretation of the Florida apportionment
statu...cated that, in the event the will were found to be ambiguous, an evidentiary hearing would
be required. We therefore remand for further proceedings.
208-CITE: 520 So.2d 598 Cecelia Joy ROBERTS, Appellant, v. Darrell ROBERTS, Appellee.
TEXT: SHIVERS, Judge. The parties to this appeal were married in Illinois in August of 1978. In
19...ille home, to recalculate the wife s special equity according to the formula set out in Landay
v. Landay, supra. THOMPSON and NIMMONS, JJ., concur.
209-CITE: 528 So.2d 994 John L. ATWATER, Jr., Appellant, v. Patricia M. ATWATER, Appellee.
TEXT: UPCHURCH, F.D., Jr., Judge, Retired. This is an appeal from a judgment of dissolution of
mar...d bargain. Because the sale of the property effectively disposes of all issues on appeal, the
appeal is DISMISSED. ORFINGER and COBB, JJ., concur.
210-CITE: 497 So.2d 966 Lessie R. (Buster) WILLIAMS, Appellant, v. Joyce M. WILLIAMS, Appellee.
TEXT: ERVIN, Judge. Appellant, the husband, raises three issues on appeal of this final judgment
o...as lump sum alimony, or under any other equitable principle. AFFIRMED in part, REVERSED in part
and REMANDED. WIGGINTON and BARFIELD, JJ., concur.
211-CITE: 439 So.2d 1005 Ruth STEIN, Petitioner, v. James HUBBS and Bonnie Hubbs, Respondents.
TEXT: SHARP, Judge. Stein petitions this court to issue a writ of certiorari to the circuit court
...asily be avoided by adding an addendum to the five day summons informing the defendant he has
twenty days in which to answer the money damage count.
212-CITE: 700 So.2d 57 UNITED STATES of America, Acting Through Farmers Home Administration, United
States Department of Agriculture, Appellant, v. Mildred C. CRAWFORD, a k a Mildred Crawford, f k a
Mildred Parrish; Ronald A. Feagle; Alfred Torrans; Barnett Recovery Corporation, a Florida
Corporation; and Unknown Tenants Owners, Appellees.
TEXT: PER CURIAM. This cause is on appeal from the trial court s ruling in favor of Appellees in
A...J., concur. ------------ (FN1) In view of this court s decision on the conversion issue, review
of Appellant s other issue on appeal is unnecessary.
213-CITE: 440 So.2d 1307 GONPERE CORPORATION, Dora Perera and Old Republic Insurance Company,
Appellants, v. Pedro REBULL and Candida Rebull, individually, and as husband and wife, Appellees.
TEXT: BASKIN, Judge. The issues in this appeal arise from the shooting injuries sustained by two
t...that he once heard that Moreno told someone he shot three people in Cuba, is consistent with his
prior employment as a policeman and security guard.
214-CITE: 471 So.2d 210 Jerome Simon GUDINAS, Appellant, v. Eugenia Wanda GUDINAS, Appellee.
TEXT: JOANOS, Judge. In the final judgment of dissolution of the 20 year marriage during which
the... the issue of child support and award support in a different manner. See Jones, supra.
Reversed and remanded. ERVIN, C.J. and SHIVERS, J., concur.
215-CITE: 621 So.2d 580 James RIVARD and Barbara Rivard, his wife, Appellants, v. Floyd GRIMM and Helen
Grimm, Appellees.
TEXT: PER CURIAM. This is an appeal from a final summary judgment in favor of defendants
appellees...ce to the tape-recorded statement because it was not part of the record on appeal and a
clear violation of the Florida Rules of Appellate Procedure.
216-CITE: 530 So.2d 1051 Fred HUTTIG, Appellant, v. Hope HUTTIG, Appellee.
TEXT: PER CURIAM. Where, as here, the only significant marital asset of the parties was the
marita...s alleviated when at oral argument her counsel agreed that the house must be sold when the
younger of the parties two children reaches his majority.
217-CITE: 553 So.2d 180 J.M. BEESON COMPANY, Appellant, v. Ernesto SARTORI, Appellee.
TEXT: WARNER, Judge. This appeal by a general contractor questions an amended final judgment in
fa...mount due on the contract necessarily includes the change orders which the trial court found as
part of the contract. DOWNEY and DELL, JJ., concur.
218-CITE: 606 So.2d 1267 Clara Mae YOUNG, Appellant, v. Clifford Cole YOUNG, Appellee.
TEXT: ERVIN, Judge. Appellant, Clara Mae Young, attacks a final judgment of dissolution of
marriag... to present evidence of any appreciated value that was purely passive. REVERSED and
REMANDED for further proceedings. MINER and WOLF, JJ., concur.
219-CITE: 610 So.2d 93 CARDINAL INDUSTRIES and CNA Insurance Company, Appellants, v. Barbara PAULEY,
Appellee.
TEXT: PER CURIAM. The employer and carrier appeal from a workers compensation order which
determin...alculation of the AWW, or for recalculation of those amounts. In all other respects, the
order is AFFIRMED. BOOTH, BARFIELD and MINER, JJ., concur.
220-CITE: 502 So.2d 1295 Elizabeth T. VELZY, f k a Elizabeth T. Miller, Appellant, v. In re The ESTATE
OF Ashley Rodman MILLER, Appellee.
TEXT: CAMPBELL, Judge. Elizabeth T. Velzy, the divorced spouse of decedent, appeals the trial
cour... not clearly and unequivocally refuted by the record to sustain an estoppel if properly pled.
Affirmed. SCHEB, A.C.J., and SCHOONOVER, J., concur.
221-CITE: 728 So.2d 240 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. BARBARA S CREATIVE
JEWELRY, INC., a Florida corporation, et al., Appellees.
TEXT: WARNER, Judge. In this eminent domain case, the Department of Transportation ( DOT )
challen... a taking of the entire parcel would serve the public interest. I cannot say the court s
finding constituted an abuse of discretion. I would affirm.
222-CITE: 691 So.2d 28 ASSOCIATED DRY GOODS CORPORATION, now known as The May Department Stores Company,
Appellant, v. Joel ROBBINS, as Property Appraiser of Dade County, Florida; and Richard Gardner, as
Tax Collector of Dade County, Florida, Appellees.
TEXT: COPE, Judge. Associated Dry Goods Corporation appeals an order dismissing its mandamus
actio... entire parcel in pieces to separate buyers. See id. By its terms, the Rule applies to fee
simple owners, not tenants under a land lease. Affirmed.
223-CITE: 471 So.2d 117 Carl HUDSON, Cheryl Lea Battey, et al., Petitioners, v. Herbert HOFMANN and
Arlene Hofmann, d b a Harbor Lights Mobilsites, Respondents.
TEXT: GRIMES, Acting Chief Judge. This is a petition for write of certiorari to review an order
aw...lities improvements assessment provided relinquishment of jurisdiction is obtained from this
court by proper motion. DANAHY and LEHAN, JJ., concur.
224-CITE: 526 So.2d 1080 Efterpi BENASUTTI, Appellant, v. Catherine COSTALAS, a k a Katina Costalas,
Appellee.
TEXT: RYDER, Acting Chief Judge. This appeal is from a summary judgment in favor of appellee. The
...remand the matter for further proceedings consistent with this opinion. Reversed and remanded
with instructions. HALL and THREADGILL, JJ., concur.
225-CITE: 562 So.2d 718 SOUTHEAST BANK, N.A., Appellant, v. Salvatore INGRASSIA, Appellee.
TEXT: PER CURIAM. Southeast Bank appeals a non-final order awarding fees in a receivership. We
rev...amount. Southeast s second request on rehearing, that we order the trial court to rehear the
application for trial level attorney s fees, is denied.
226-CITE: 743 So.2d 161 John BIONDO, Appellant, v. Althea A. POWERS, et al., Appellee.
TEXT: POLEN, J. John Biondo timely appeals from a final judgment which ordered partition and sale
...f the proceeds of the partition sale among the parties in accordance with this opinion. SHAHOOD,
J., and GLICKSTEIN, HUGH S., Senior Judge, concur.
227-CITE: 579 So.2d 244 PUBLIX SUPER MARKETS, INC., Appellant, v. Helen SWEET, Appellee.
TEXT: PER CURIAM. The defendant below, Publix Super Markets, Inc. [Publix], appeals from a final
j...ion of this issue, we do not need to address Publix s remaining point raised on appeal.
Accordingly, we reverse and remand for further proceedings.
228-CITE: 730 So.2d 703 Jeannene BALL, Appellant, v. Dean A. JIMENEZ, Appellee.
TEXT: QUINCE, Judge. Jeannene Ball appeals the grant of summary judgment entered in favor of Dean
... appropriate. The summary judgment is therefore reversed and the cause remanded for further
proceedings. DANAHY, A.C.J., and CAMPBELL, J., concur.
229-CITE: 438 So.2d 404 Omar BLANCO and Enrique Gonzalez, Appellants, v. STATE of Florida, Appellee.
TEXT: LETTS, Judge. The defendants appeal their convictions for armed robbery and armed burglary
c...t was a valid one year lease. However, that agreement taken in pari materia with the application
form and the deposit receipt, did have that effect.
230-CITE: 510 So.2d 1167 Teresita PEREZ, Appellant, v. Isidoro PELEA, Jr. Appellee.
TEXT: PER CURIAM. We affirm the final judgment under review but remand with directions to the
tria...er to pay half the husband s obligation. That error must be corrected. I would therefore
reverse and remand solely for correction of paragraph nine.
231-CITE: 650 So.2d 122 PUBLIX SUPER MARKETS, INC., Appellant, v. Timothy JEFFERY and Diana Jeffery,
Appellees.
TEXT: HUBBART, Judge. This is an appeal by the defendant Publix Super Markets, Inc. from a final
j...ersed and the cause is remanded to the trial court with directions to enter judgment for the
defendant Publix in this cause. Reversed and remanded.
232-CITE: 495 So.2d 235 Margaret SHARP and H.S. Musselwhite, Appellants, v. Magali C. HAMILTON, et al.,
Appellees.
TEXT: COBB, Judge. Magali Hamilton and L.E. Hamilton, as husband and wife, were the owners of a
pa... to the lienors does not preclude an attack by them on the transfer as a fraud on the
creditors. No such attack has been either pled or proven here.
233-CITE: 458 So.2d 434 CITY OF WINTER HAVEN, a Florida municipal corporation, Appellant, v. RIDGE AIR,
INC., a Florida corporation, Appellee.
TEXT: BOARDMAN, Acting Chief Judge. Appellant, the City of Winter Haven, challenges the trial
cour...eement. Accordingly, we reverse and remand to the trial court for further proceedings
consistent with this opinion. DANAHY and LEHAN, JJ., concur.
234-CITE: 549 So.2d 1130 The GOLFVIEW CLUB AT FOUNTAINBLEAU PARK CONDOMINIUM, NO. 1, INC., Appellant, v.
Linda PARKER and George Astray Caneda, as surviving parents of Stephanie Caneda, deceased,
Appellees.
TEXT: FERGUSON, Judge. In January, 1984, Stephanie Caneda--age 18--visited her girlfriend, Maria,
...een made. Compare Parkansky v. Old Key Largo, Inc., 546 So.2d 1143 (Fla. 3d DCA 1989). The
remaining points on appeal are without merit. Affirmed.
235-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.
236-CITE: 643 So.2d 1132 In re the ESTATE OF Dykes James RIGGS, Deceased. Sondra Scott RIGGS, Appellant,
v. Jacqualyn WYROBA; Edward Wyroba; Linda Ruddy; Melanie Le Boeuf; Deborah Bartlett; and Dykes James
Riggs, Jr., Individually and as Personal Representative of the Estate of Dykes James Riggs,
Appellee.
TEXT: FARMER, Judge. The question involved in this appeal is whether the term, my entire estate,
i...th to admit the evidence and then to construe the will as the trial judge did. REVERSED.
GLICKSTEIN, J., and BROWN, LUCY, Associate Judge, concur.
237-CITE: 506 So.2d 1135 Gerald A. PAGE, Appellant, v. Milorad COP, Sarah A. McNulty f k a Sarah A.
Page, Jim Cowan, and Prime Time Radio, Inc., Appellees.
TEXT: SCHEB, Acting Chief Judge. This appeal arises from the aftermath of a suit to foreclose a
mo...erest, if any, of Bud Page Realty, Inc., and The Florida Group, Inc., in respect to the
property described herein. CAMPBELL and LEHAN, JJ., concur.
238-CITE: 624 So.2d 360 Richard I. EADY, Appellant, v. Joyce P. EADY, Appellee.
TEXT: SMITH, Judge. This is an appeal from a final judgment of dissolution ending the parties 20
y...BOOTH and JOANOS, JJ., concur. ------------ (FN2) See generally, Gabriel v. Gabriel, 18
Fla.L.Weekly D1566, -- So.2d -- (Fla. 4th DCA July 7, 1993).
239-CITE: 646 So.2d 737 EASTERN FEDERAL CORPORATION, Appellant, v. STATE OFFICE SUPPLY COMPANY, INC.,
Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from a final order granting appellee State
O...shioned was within the trial court s discretion. Accordingly, the order appealed from is
affirmed, as modified herein. MINER and WOLF, JJ., concur.
240-CITE: 553 So.2d 304 Janice HUTCHISON, Appellant, v. Roland J. BILODEAU, Appellee.
TEXT: WENTWORTH, Judge. Appellant Hutchison, plaintiff below, seeks review of a judgment entered
u...refore reverse and remand the cause with directions for the entry of judgment in accordance with
the jury s verdict. ERVIN and ZEHMER, JJ., concur.
241-CITE: 448 So.2d 1149 SOL B. CORPORATION, d b a Holiday Beach Motel, Appellant, v. DIVISION OF
ALCOHOLIC BEVERAGES AND TOBACCO, Appellee.
TEXT: DOWNEY, Judge. Appellant was the owner of an alcoholic beverage license. As a result of
char...is stricken from the final order under review, and as so modified the final order is
affirmed. AFFIRMED AS MODIFIED. HERSEY and DELL, JJ., concur.
242-CITE: 509 So.2d 1241 Jacqueline VASQUES, a minor, By and Through her natural parents and next friend
Emelia ROCHA, and Emelia Rocha, individually, Appellants, v. Marcelino LOPEZ, Appellee.
TEXT: STONE, Judge. The plaintiff child was attacked by a pit bulldog while being cared for in a
r...nd remand with instructions to enter judgment in accordance with the jury s verdict.
GLICKSTEIN, J., concurs. LETTS, J., dissents without opinion.
243-CITE: 490 So.2d 1057 SOUTHEAST BANK, N.A., Appellant, v. J.A.M.A. MOBILE HOME PARKS LIMITED
PARTNERSHIP and Southeast Fire Insurance Co., Appellees.
TEXT: ZEHMER, Judge. We review on appeal the final judgment dismissing appellant s third amended
c...be remiss in not pointing out that the trial judge did not have the benefit of the opinion in
Varnado at the time the appealed judgment was entered.
244-CITE: 525 So.2d 923 Estrella MEDEROS-SIBILA, Appellant, v. Jorge A. SIBILA, Appellee.
TEXT: PER CURIAM. Estrella Mederos-Sibila and Jorge A. Sibila were married in 1974. The marriage
p...rity, becomes self-supporting, dies, discontinues residence with Estrella, or until Estrella
resides at some other location with the minor children.
245-CITE: 613 So.2d 511 John S. HOLMES, Appellant, v. Terese L. HOLMES, Appellee.
TEXT: COPE, Judge. John S. Holmes appeals a final judgment of dissolution of marriage. We affirm
i... remainder of the judgment is affirmed, including the dissolution of the marriage of the
parties. Affirmed in part, reversed in part, and remanded.
246-CITE: 525 So.2d 1017 Victoria M. BRANDT, Appellant, v. Donald W. BRANDT, Appellee.
TEXT: EN BANC OPINION ON REHEARING HERSEY, Chief Judge. We grant appellant s motion for
rehearing...ense, rather than burdening the non-user who has, in any event, lost the opportunity to
receive rent or profit during the period of the other s use.
247-CITE: 543 So.2d 406 Claudette PELLETIER and Pamela Caputo, Appellants, v. Paul CUTLER, Appellee.
TEXT: PER CURIAM. This cause first came before this court in 1987, when appellee, the purported
la...(Fla. 5th DCA 1988). We therefore affirm the trial court s order denying appellants motion for
treble damages. DOWNEY, DELL and POLEN, JJ., concur.
248-CITE: 478 So.2d 380 George WYNN, Appellant, v. Shirley A. WYNN, Appellee.
TEXT: PER CURIAM. In this dissolution action the trial judge equitably distributed some of the
mar...inger, 342 So.2d 861 (Fla. 1st DCA 1977); Wood v. Friedman, 388 So.2d 1355 (Fla. 5th DCA
1980); Rubino v. Rubino, 372 So.2d 539 (Fla. 1st DCA 1979).
249-CITE: 712 So.2d 1238 John J. HEIM, Jr., Appellant, v. Patricia M. HEIM, Appellee.
TEXT: GROSS, Judge. John and Patricia Heim were married on September 15, 1992. On the day before,
... s portion at $220,400, which included the S100,000 under the prenuptial agreement plus one-half
of the equity in the marital properties ($120,400).
250-CITE: 449 So.2d 373 Goldie TOPPER, as Personal Representative of the Estate of Sarah Liptzen,
Appellant, v. Joyce STEWART, Phyllis Stone, Shirley Zion, as Co-Personal Representative of the
Estate of Sam Liptzen, Appellees.
TEXT: PER CURIAM. Goldie Topper, as personal representative of Sarah Liptzen s estate, appeals
fro...se of the securities. We trust that the results will end this interminable litigation between
these parties. Reversed and remanded with directions.
251-CITE: 616 So.2d 1187 Nancy N. WEATHERS-MATHERS a k a Nancy N. Weathers, as trustee of Nancy N.
Weathers-Mathers revocable trust, and Nancy N. Weathers-Mathers, individually, Appellant, v. William
A. McGUIRE, Peter C. Bernardo and Bernardo Realty, Inc., Appellees.
TEXT: POLEN, Judge. Appellant, Nancy M. Weathers-Mathers, appeals the trial court s order
dismissi...s case is remanded with instructions to reinstate the complaint. REVERSED and REMANDED.
ANSTEAD, J., concurs. FARMER, J., concurs in result only.
252-CITE: 710 So.2d 151 James FARRELL, Appellant, v. Rosemarie FARRELL, Appellee.
TEXT: SHEVIN, Judge. James Farrell [James] appeals an order denying his motion to dismiss for
lack...in the statute. Based on the foregoing reasoning, we affirm the order denying the motion to
dismiss, and remand for further proceedings. Affirmed.
253-CITE: 627 So.2d 27 Mark G. NAEDEL, Appellant, v. John D. BOLLE and Patricia C. Bolle, his wife,
Appellees.
TEXT: DANAHY, Acting Chief Judge. In this interlocutory appeal arising from a boundary and
easemen... 399 So.2d 455 (Fla. 4th DCA 1981). Reversed and remanded for further proceedings in
accord with this opinion. PARKER and ALTENBERND, JJ., concur.
254-CITE: 538 So.2d 970 Carole ROSECRANS, Appellant, v. Gloria EDEN, as Personal Representative of the
Estate of Donald W. Adams, deceased, Appellee.
TEXT: COBB, Judge. This appeal concerns the ownership of a joint checking account held in the
name... 1980). Compare In Re Estate of Heyes, 515 So.2d 377, 380 (Fla. 4th DCA 1987); Seidl v.
Estate of Michelsen, 487 So.2d 336, 338 (Fla. 4th DCA 1986).
255-CITE: 625 So.2d 894 John Allen MEDEROS and Marcia Mederos, Appellants, v. SELPH (L.T.), INC., a k a
L.T. Selph, Inc., et al., Appellees.
TEXT: HARRIS, Chief Judge. John Allen Mederos and Marcia Mederos (Mederos) loaned Selph (L.T.),
In...ses a judgment lien for child support accruing after July 1, 1988. AFFIRMED in part; REVERSED
in part and REMANDED. DAUKSCH and COBB, JJ., concur.
256-CITE: 481 So.2d 101 Martin K. DONALDSON, Appellant, v. Michele M. DONALDSON, Appellee.
TEXT: SCHEB, Judge. This appeal arises from a final judgment of dissolution of marriage. Martin
Do... We remand for proceedings consistent with this opinion. In all other respects, we affirm the
final judgment. GRIMES, A.C.J., and HALL, J., concur.
257-CITE: 497 So.2d 1351 Barbara WISHOFF, Appellant, v. Richard WISHOFF, Appellee.
TEXT: DELL, Judge. Appellant seeks reversal of a final judgment foreclosing an attorney s
charging...table lien. See Jones v. Carpenter, 90 Fla. 407, 106 So. 127 (Fla.1925); Folsom v.
Farmers Bank of Vero Beach, 102 Fla. 899, 136 So. 524 (Fla.1931).
258-CITE: 531 So.2d 1026 In the Interest of R.S., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant appeals his adjudication of delinquency for obstruction a police
offic...cur. ------------ (FN3) By our recitation of the absence of these facts, we do not imply
that these facts must be present to constitute obstruction.
259-CITE: 521 So.2d 357 MID-FLORIDA AT EUSTIS, INCORPORATED, Appellant, v. Noel E. GRIFFIN, Jr.,
Appellee.
TEXT: SHARP, Chief Judge. Mid-Florida at Eustis, Inc. appeals for the temporary injunction
entered...ration, 436 So.2d 937 (Fla. 5th DCA 1983). Accordingly, we vacate the injunction and
remand for further proceedings. COBB and DANIEL, JJ., concur.
260-CITE: 619 So.2d 440 Douglas C. CHANEY, Appellant, v. Esther J. CHANEY, Appellee.
TEXT: RYDER, Acting Chief Judge. Douglas C. Chaney, the former husband, seeks review of the lower
...prejudice to Mr. Chaney s right to again seek reimbursement in the trial court after the home is
sold. Affirmed. CAMPBELL and PARKER, JJ., concur.
261-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.
262-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.
263-CITE: 595 So.2d 148 Alfred HERRICK, d b a Tan Tara Mobile Home Park, Appellant, v. FLORIDA
DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES,
Appellee.
TEXT: JOANOS, Chief Judge. Alfred Herrick (Herrick), owner of Tan Tara Mobile Home Park, appeals
a...he park, shall be assessed for water, sewer, and waste disposal based on the disclosures
contained in the prospectus. BOOTH and ALLEN, JJ., concur.
264-CITE: 579 So.2d 769 Ruby A. HOLMES, Appellant, v. Donald E. HOLMES, Appellee.
TEXT: SCHOONOVER, Chief Judge. The appellant, Ruby A. Holmes, challenges a final judgment
dissolvi...l judgment in accordance with this opinion. We affirm in all other respects. Reversed
and remanded with instructions. RYDER and HALL, JJ., concur.
265-CITE: 483 So.2d 447 Beverly A. CLAUGHTON, Appellant, v. Edward N. CLAUGHTON, Appellee.
TEXT: BASKIN, Judge. The dissolution of the twenty-four year marriage of Beverly and Edward
Claugh...clude all appropriate assets. For these reasons, we reverse and remand for further
proceedings consistent with this opinion. Reversed and remanded.
266-CITE: 731 So.2d 47 ESTATE OF Barbara K. HECKERT, Richard D. Heckert, Executor, Appellant, v. The
STATE of Florida, DEPARTMENT OF REVENUE, Appellee.
TEXT: PER CURIAM. The Estate of Barbara K. Heckert (estate), appeals from the trial court s order
... the State of Florida and remand with instructions to enter final summary judgment in favor of
the estate. Reversed and remanded with instructions.
267-CITE: 746 So.2d 1231 Roy HARDEMON, Appellant, v. UNITED COMPANIES LENDING CORP., Appellee.
TEXT: FLETCHER, Judge. Roy Hardemon appeals from a final order and judgment quieting title in
favo...dverse unrecorded right). After a thorough review of the record, we can find no error below
and affirm the judgment of the circuit court. Affirmed.
268-CITE: 558 So.2d 25 COLONIAL ACRES MOBILE HOMEOWNERS ASSOCIATION, INC., Appellant, v. Kurt L.
WALLACH, as Trustee, d b a Colonial Acres Mobile Home Park, Appellee.
TEXT: PER CURIAM. Affirmed. See Garrett v. Janiewski, 480 So.2d 1324 (Fla. 4th DCA 1986).
BARKDUL...y of mobile home tenant to pack up and go elsewhere is not a material consideration in
determining whether a lot rental increase is unconscionable).
269-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.
270-CITE: 478 So.2d 101 Judith A. SHERE, Appellant, v. Richard A. SHERE, Appellee.
TEXT: SCHEB, Judge. Appellant Judith A. Shere challenges the correctness of an order of
distributi...ount of such fees to be deducted form the distribution due Richard Shere and paid to
Judith Shere s counsel. GRIMES, A.C.J., and LEHAN, J., concur.
271-CITE: 558 So.2d 1039 Douglas BELCHER, d b a Club Wildwood Mobile Home Village, Appellant, v. George
KIER, et al., Appellees.
TEXT: PER CURIAM. The appellees, mobile home park tenants, brought a suit for declaratory
judgment...increase in rent as was the foundation for the unconscionable rents found in Ashling
Enterprises, Inc. v. Browning, 487 So.2d 56 (Fla. 3d DCA 1986).
272-CITE: 677 So.2d 62 Jack E. MANN, Appellant, v. Rhonda D. MANN, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from a final judgment of dissolution of
marr...tee was so invested with title. Thus . . . the grantee is not divested of his title by loss
of the deed or by its destruction. (footnotes omitted)).
273-CITE: 444 So.2d 588 Gary C. KELLEY, Appellant, v. Susan M. KELLEY, Appellee.
TEXT: CAMPBELL, Judge. Appellant husband, Gary C. Kelley, seeks reversal of a final judgment of
di... marital home. Otherwise, the final judgment shall remain the same. Reversed and remanded with
instructions. HOBSON, A.C.J., and RYDER J., concur.
274-CITE: 479 So.2d 252 FEDERATION OF MOBILE HOME OWNERS OF FLORIDA, INC., Appellant, v. DEPARTMENT OF
BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES, Appellee.
TEXT: LEHAN, Judge. The Federation of Mobile Home Owners of Florida, Inc. (the Federation)
appeals...ding to seek to have these questions answered. Reversed and remanded for proceedings
consistent herewith. GRIMES A.C.J., and CAMPBELL, J., concur.
275-CITE: 498 So.2d 463 Pedro R. PEREZ, Appellant, v. Mario ZAZO, Appellee.
TEXT: SCHWARTZ, Chief Judge. The defendant-landlord, Pedro Perez, appeals from an adverse jury
ver...d 346 (Fla.1979); Nettles v. Thornton, 198 So.2d 44. Accordingly, the judgment below is
reversed for entry of judgment in favor of Perez. Reversed.
276-CITE: 436 So.2d 441 In re ESTATE of Lila K. McGLONE, Deceased.
TEXT: DOWNEY, Judge. Lila McGlone left a Last Will and Testament dated March 20, 1970, which
conta...ons to reinstate the testamentary gifts to Glenn and Louise Ellstrom. REVERSED AND
REMANDED, with directions. BERANEK and GLICKSTEIN, JJ., concur.
277-CITE: 544 So.2d 347 Barbara Cox HARPER, Appellant, v. TUSCANY PLACE CONDOMINIUM ASSOCIATION, INC.,
Appellee.
TEXT: PER CURIAM. AFFIRMED. DAUKSCH and ORFINGER, JJ., concur. DANIEL, J., dissents with
opinion...DCA 1988); Lomillo v. Howard Johnsons Company, 471 So.2d 1296 (Fla. 3d DCA 1985). I *349
would reverse and remand the cause for further proceedings.
278-CITE: 569 So.2d 811 Perla GRAFF, Appellant, v. Jay L. GRAFF, Appellee.
TEXT: ERVIN, Judge. Perla Graff, the former wife, appeals from a final judgment of dissolution of
...ximately 13 years following the marriage, deeded the house and lot to the parties as joint
tenants by the entireties for survivorship purposes only.
279-CITE: 698 So.2d 590 D. Miller McCARTHY and Cambridge Cozumel, Inc., etc., Appellants, v. SOUTHERN
STATES UTILITIES, a Florida corporation, Appellee.
TEXT: GRIFFIN, Chief Judge. The issue in this appeal is whether it was error for the lower court
t... further development below. The summary judgment based on the economic loss rule is reversed.
REVERSED and REMANDED. COBB and ANTOON, JJ., concur.
280-CITE: 614 So.2d 1149 Milan JELIC, Appellant, v. SEARS MORTGAGE CORPORATION, an Ohio corporation, et
al., Appellees.
TEXT: POLEN, Judge. Appellant brings this non-final appeal from the trial court s order
disbursing...it the improperly disbursed funds ($2,806.68) into the registry of the court.
REVERSED. DELL, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
281-CITE: 688 So.2d 421 James Nielsen ROGERS, etc., Appellant, v. Charles Langdon ROGERS, et al.,
Appellees.
TEXT: JORGENSON, Judge. In this Dade County probate action, the personal representative appeals
fr...rent county within the State of Florida. What we find so novel in this case is the trial court
s impromptu transfer of the litigation to California.
282-CITE: 546 So.2d 24 Rita GOLDFARB, Appellant, v. Barry AGRAN, Appellee.
TEXT: PER CURIAM. Rita Goldfarb appeals a final order of the trial court overruling in part a
repo...otion to dismiss. Barry did not appeal or cross-appeal those rulings and, accordingly, is
bound by them. *27 REVERSED AND REMANDED WITH DIRECTIONS.
283-CITE: 464 So.2d 698 TRI-CITY TITLE COMPANY, a Florida corporation, Appellant, v. Yone VALERO,
Appellee.
TEXT: BOARDMAN, EDWARD F., (Ret.) Judge. This is the second appeal arising from appellant
Tri-City...ded final judgment as modified to reflect a total judgment in the amount of $24,330.60.
Affirmed as modified. OTT, A.C.J., and DANAHY, J., concur.
284-CITE: 528 So.2d 97 James C. McCARTHY, Appellant, v. Catherine J. McCARTHY, Appellee.
TEXT: RYDER, Acting Chief Judge. Husband raises several interrelated points in his appeal from
the... (Fla. 4th DCA 1978). Wife is not entitled to a special equity in the mother s loan to the
couple jointly. Reversed. LEHAN and FRANK, JJ., concur.
285-CITE: 657 So.2d 57 Allan SERCHAY, as Trustee and former Director of Allan Serchay, C.P.A., P.A., an
administratively dissolved Florida corporation, and Paul J. Lane, as Trustee and former Director of
Paul J. Lane, P.A., an administratively dissolved Florida corporation, Appellants, v. NTS FORT
LAUDERDALE OFFICE JOINT VENTURE, a Kentucky general partnership, as general partner of NTS
Properties, IV, Ltd., a Kentucky limited partnership, Appellee.
TEXT: STONE, Judge. We reverse a summary judgment entered in favor of Appellee, the landlord,
agai...ial summary judgment is affirmed. We remand for final hearing on the issues raised by the
defenses and set-off. GLICKSTEIN and WARNER, JJ., concur.
286-CITE: 462 So.2d 523 CALOOSA PROPERTY OWNERS ASSOCIATION, INC., Appellant, v. DEPARTMENT OF
ENVIRONMENTAL REGULATION; Caleffe Investment, Ltd., and Worthington Enterprises, Inc., Appellees.
TEXT: SMITH, Judge. Caloosa Property Owners Association, Inc. appeals from a final order of the
De...id of what the developers reasonable assurances are and the Secretary s reasons for rejecting
the hearing officer s recommendation are insufficient.
287-CITE: 712 So.2d 1194 Lavine MENDELSON, Appellant, v. GREAT WESTERN BANK, F.S.B., Appellee.
TEXT: NORTHCUTT, Judge. Lavine Mendelson challenges a final summary judgment foreclosing a
mortgage...95). We reverse the final summary judgment and remand for further proceedings consistent
with this opinion. FULMER, A.C.J., and GREEN, J., concur.
288-CITE: 544 So.2d 1024 In re Inquiry Concerning A Judge re: William G. TYE--No. 88-266.
TEXT: PER CURIAM. The Florida Judicial Qualifications Commission filed notice of formal charges
th...liam G. Tye for the conduct described above. It is so ordered. EHRLICH, C.J., and OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
289-CITE: 560 So.2d 331 Emmett C. SIMPSON, Evelyn R. Simpson and Linda Simpson, Appellants, v. Bennie
FILLICHIO and Minnie Fillichio, and State of Florida, Department of Transportation, Appellees.
TEXT: LETTS, Judge. After a final judgment of condemnation, a dispute arose over the
apportionment... REVERSED AND REMANDED. DELL and WARNER, JJ., concur. ------------ (FN1) See also
Lassiter v. Kaufman, 15 F.L.W. D419 (Fla. 4th DCA Feb. 14, 1990).
290-CITE: 564 So.2d 166 Wanda B. WESCOTT, Appellant, v. AMERIFIRST FEDERAL SAVINGS & LOAN ASSOCIATION,
etc., et al., Appellees.
TEXT: GRIFFIN, Judge. This mortgage foreclosure action is yet one more chapter in a long, much
lit...ust was an invalid passive trust. Accordingly, it was not error to order foreclosure of the
entire debt. AFFIRMED. COBB and PETERSON, JJ., concur.
291-CITE: 436 So.2d 396 LA BOUTIQUE OF BEAUTY ACADEMY, INC., a Florida corporation, Appellant, v. Dennis
R. MELOY, David M. Meloy, John W. Heaberlin and Marilyn F. Heaberlin, Appellees.
TEXT: CAMPBELL, Judge. La Boutique of Beauty Academy, Inc., the mortgagee in this case, appeals
th... mortgagors and denying it as to the mortgagee. Appellees motion for attorney s fees is denied.
AFFIRMED. BOARDMAN, A.C.J., and LEHAN, J., concur.
292-CITE: 676 So.2d 451 SEMINOLE COUNTY, Appellant, v. S. Clark BUTLER, et al., Appellee.
TEXT: ANTOON, Judge. Seminole County (County), appeals the final order awarding attorneys fees in
...v. Delco Oil, Inc., 669 So.2d 1162 (Fla. 5th DCA 1996). AFFIRMED in part; REVERSED in part; and
REMANDED. PETERSON, C.J., and DAUKSCH, J., concur.
293-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.
294-CITE: 651 So.2d 1271 David ROBINSON, as Co-Personal Representative of the Estate of Marvin L.
Robinson and Co-Trustee of the Marvin L. Robinson Amended and Restated Declaration of Trust,
Appellant, v. Marilyn Z. ROBINSON, Appellee.
TEXT: PER CURIAM. David Robinson ( Personal Representative ), as Co-Personal Representative of
the...on--absent any presumption--that the subject property was held as tenants by the entireties.
AFFIRMED. GLICKSTEIN, KLEIN and SHAHOOD, JJ., concur.
295-CITE: 567 So.2d 477 Barbara J. MILTON, Appellant, v. Lester F. MILTON, Appellee.
TEXT: MINER, Judge. In this appeal challenging certain property division portions of a final
judgm... is whether the record contains competent, substantial evidence to support the trial court s
findings. Marcoux v. Marcoux, 464 So.2d 542 (Fla.1985).
296-CITE: 685 So.2d 971 Jan N. MATTINGLY, Appellant, v. Douglas E. MATTINGLY, Appellee.
TEXT: PER CURIAM. Jan N. Mattingly (wife), the former wife, appeals an order on mandate issued by
...e substantially equal or, if unequal, supported by a legally sufficient factual basis.
SCHOONOVER, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.
297-CITE: 685 So.2d 1365 Robin Legrace STRICKLAND, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robin Legrace Strickland challenges an order requiring her to pay restitution
in...ended order imposing restitution in the amount of $631. Reversed and remanded with directions.
THREADGILL, C.J., and BLUE and FULMER, JJ., concur.
298-CITE: 694 So.2d 779 TERRA MAR CAPITAL, INC. and T.D. Realty Inc., Appellants, v. Janice Fay
Underdown AUXIER and Patricia Ann Underdown Smith, Appellees.
TEXT: KLEIN, Judge. Appellees owned a piece of property on which the taxes had not been paid for
s...dress, there is all the more reason to require notice to each owner. We therefore affirm.
WARNER, J. and BARR, ROBBIE M., Associate Judge, concur.
299-CITE: 652 So.2d 404 Betsy T. RUTLAND, Appellant, v. Joseph P. RUTLAND, Jr., Appellee.
TEXT: HARRIS, Chief Judge. Joseph P. Rutland, Jr. filed the petition herein to dissolve his
marria...would remand on this issue for proper fact finding. Upon consideration of all the relevant
factors, the court might revisit the no alimony decision.
300-CITE: 549 So.2d 1053 Michael T. TROIANO, Appellant, v. Mary Ann TROIANO and Marie D. Francolino,
Appellees.
TEXT: COBB, Judge. This is an appeal by the husband, Michael T. Troiano, from a final judgment of
...able lien against the Lake County property. AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
GOSHORN, J. and SCHEB, J.M., Associate Judge, concur.
301-CITE: 576 So.2d 848 STATE of Florida, DEPARTMENT OF REVENUE, Appellant, v. James E. BROCK, et al.,
Appellees.
TEXT: PER CURIAM. In this appeal, the Department of Revenue challenges a circuit court s final
ord.... Accordingly, the trial court s order permanently enjoining the Department is REVERSED.
MINER and WOLF, JJ., and WENTWORTH, Senior Judge, concur.
302-CITE: 497 So.2d 635 Rebecca Joyce PASTORE, Petitioner, v. Kenneth Wayne PASTORE, Respondent.
TEXT: ADKINS, Judge. In Pastore v. Pastore, 480 So.2d 231 (Fla. 1st DCA 1985), the First District
...ions to affirm the final judgment of the trial court. It is so ordered. McDONALD, C.J., and
BOYD, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.
303-CITE: 595 So.2d 312 In re: ESTATE OF Roger B. TUDHOPE, Deceased. Kevin Lawrence TUDHOPE and Gary M.
Fernald as Guardian Ad Litem for Brian James Tudhope, a minor, Appellants, v. Alan RUDKIN as
Personal Representative of the Estate of Roger B. Tudhope, Deceased, Errol R. Gard, Ellis P. Hyman,
D.D.S., and Moss-Feaster Funeral Homes, Inc., Appellees.
TEXT: FRANK, Acting Chief Judge. When Roger Tudhope died, testate, he was survived by two minor
ch... the final judgment and remand for further proceedings consistent with this opinion.
THREADGILL, J., and CHARLES B. CURRY, Associate Judge, concur.
304-CITE: 629 So.2d 221 Frederick Ashton De PEYSTER, III, Appellant, v. Maria-luisa Biddle Duke De
Peyster, Appellee.
TEXT: DELL, Chief Judge. We sua sponte consolidate Case No. 91-3006 and 92-1169. In these
appeals,...ward appellant the sum of $16,572.80 plus interest as provided in the settlement
agreement. REVERSED and REMANDED. HERSEY and FARMER, JJ., concur.
305-CITE: 684 So.2d 806 THE FLORIDA BAR, Complainant, v. Robert Scott KAUFMAN, Respondent.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar and the referee s report
reg...s in the amount of $1,503.73, for which sum let execution issue. It is so ordered. OVERTON,
SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
306-CITE: 723 So.2d 310 Marc SWICKLE, Appellant, v. Sherry SWICKLE, Appellee.
TEXT: COHN, JAMES I., Associate Judge. Marc Swickle appeals the final judgment dissolving his
marr... reduced to $3,046.76. All other issues raised are affirmed. AFFIRMED IN PART; REVERSED IN
PART and REMANDED. STEVENSON and SHAHOOD, JJ., concur.
307-CITE: 515 So.2d 377 In re The ESTATE OF Philip Randall Heyes, Deceased. Sally Josephine Mongovern
McNULTY, Beneficiary Appellant, v. Rea QUACKENBUSH, individually and as Personal Representative and
Eileen Quackenbush, individually, Appellees.
TEXT: PER CURIAM. This is an appeal from a final order which determined two Sun Bank accounts--a
m...an. Thus, the IDS mutual fund account was properly determined to have passed outside of decedent
s estate. GLICKSTEIN, DELL and STONE, JJ., concur.
308-CITE: 505 So.2d 598 Marvin Thomas RIGBY, individually and on Behalf of the heirs of William Clinton
Rigby, Andrew Jackson Rigby, and James Franklin Rigby, Appellants, v. Vernie G. LILES, Adrian L.
Lancaster, Marion Gene Liles, and Bass Enterprises Production Co., Appellees.
TEXT: ZEHMER, Judge. Marvin Thomas Rigby appeals the dismissal of his three count second amended
c...----------- (FN1) The legal sufficiency of these counts to allege a cause of action has not been
presented on appeal and we express no view thereon.
309-CITE: 718 So.2d 947 Mangi L. AGARWAL, Appellant, v. PINNACLE REALTY MANAGEMENT CO., etc., et al.,
Appellees.
TEXT: W. SHARP, Judge. Agarwal appeals from a final judgment in favor of Pinnacle Realty
Managemen...h DCA 1989). AFFIRMED. HARRIS and ANTOON, JJ., concur. ------------ (FN1) The lease
between Pinnacle and Super Source required Pinnacle s consent.
310-CITE: 459 So.2d 1114 Stephen P. ANTUNA, Bank Account Owner, Appellant, v. Frederick Vaughan DAWSON,
John E. Malloy, Susan A. Malloy, his wife, jointly and severally, and Savings of America, garnishee,
Appellees.
TEXT: HERSEY, Judge. This is an appeal from orders denying post-judgment motions to intervene and
...nt orders and remand this cause to the lower tribunal for further appropriate proceedings.
REVERSED and REMANDED. HURLEY and BARKETT, JJ., concur.
311-CITE: 613 So.2d 493 Geraldine MOROWITZ, Appellant, v. VISTAVIEW APARTMENTS, LTD., et al., Appellees.
TEXT: LEVY, Judge. The appellant, Geraldine Morowitz, sued the appellees, Vistaview Apartments,
Lt...d remanded. ------------ (FN1) We do not address Morowitz remaining point on appeal regarding
an impartial juror, as the issue is unlikely to recur.
312-CITE: 629 So.2d 883 Carole V. KNECHT, Appellant, v. Harold C. KNECHT, Jr., Appellee.
TEXT: PER CURIAM. Carole V. Knecht appeals a final judgment of dissolution of marriage. We
reverse...facts there presented, the husband was not entitled to credit for mortgage payments which
were ordered to be made as part of his support obligation.
313-CITE: 441 So.2d 669 James Davison SCHMUCKER, Appellant Cross-Appellee, v. Elizabeth Louise
SCHMUCKER, n k a Elizabeth L. Timpson, Appellee Cross-Appellant.
TEXT: HENDRY, Judge. We have for review on appeal and cross-appeal portions of an order enforcing
...r respects affirmed. Affirmed in part and reversed in part, with directions. ------------ (FN1)
The appellant subsequently abandoned this position.
314-CITE: 553 So.2d 738 Rebecca S. WALKER, Appellant, v. Michael H. ERPENBACH, Appellee.
TEXT: DANIEL, Chief Judge. Rebecca Walker appeals the dismissal with prejudice of her complaint
fo...trial court could have imposed other conditions relating to the husband s life-style. See,
e.g., Aycock v. Aycock, 498 So.2d 999 (Fla. 4th DCA 1986)
315-CITE: 435 So.2d 868 Lawrence K. HULL, Richard G. Peterson and Shirley L. Peterson, his wife; Richard
D. Polley; and Richard W. Green, Appellants Cross-Appellees, v. MIAMI SHORES VILLAGE and Edward A.
McCarthy, as Archbishop of the Archdiocese of Miami, his successors in Office, Appellees
Cross-Appellants.
TEXT: FERGUSON, Judge. Appellants commenced this action on a complaint for a declaration that the
... That fact does not preclude the granting of some equitable relief if injury can be proved. Spey
v. Hayes, 406 So.2d 1176, 1179 (Fla. 1st DCA 1981).
316-CITE: 469 So.2d 248 Julius FISKE, Appellant, v. Edwin L. SHELTON, Appellee.
TEXT: GRIMES, Acting Chief Judge. This is an appeal from a summary judgment of $27,114.67. Fiske
...the court correctly held that he could recover this sum from Fiske on the basis of unjust
enrichment. Affirmed. SCHOONOVER and FRANK, JJ., concur.
317-CITE: 675 So.2d 1003 John T. HADDEN III, Appellant, v. Emilio CIRELLI, et al., Appellee.
TEXT: ANTOON, Judge. John T. Hadden III (John Hadden) appeals the final summary judgment
determini...operty who is required to do so in a judgment, is subject to contempt. Subsection (c)
also provides for the appointment of a person to convey title.
318-CITE: 584 So.2d 212 Joseph PACITTI, Appellant, v. SEAPOINTE CONDOMINIUM ASSOCIATION, Appellee.
TEXT: PER CURIAM. The Seapointe Condominium Association (Seapointe) claimed unit owners Joseph
Pac...ions to apply. Accordingly, both the order denying the motion to dissolve the injunction and
the order finding appellants in contempt are reversed.
319-CITE: 606 So.2d 1255 Nathan J. LINDENFIELD, Saud Lindenfield, Jack Lindenfield, Dale Wallick, Peter
Wallick and Michael A. Mosco, trading and d b a Boca East Group, a k a Boca Islands East,
Appellants, v. Joseph DORAZIO, a minor, by Cheryl DORAZIO, his mother and natural guardian, and
Cheryl Dorazio in her own right, Appellees.
TEXT: DELL, Judge. Appellants contend that the trial court erred when it granted appellees Cheryl
...rt with instructions to grant a new trial on liability and damages. AFFIRMED IN PART; REVERSED
IN PART and REMANDED. LETTS and POLEN, JJ., concur.
320-CITE: 708 So.2d 329 James M. CROCKETT, Jr., Appellant, v. Elsie M. CROCKETT, Appellee.
TEXT: KAHN, Judge. Appellant James M. Crockett, Jr. appeals from a final judgment of dissolution
o...table distribution). AFFIRMED in part, REVERSED in part, and REMANDED for proceedings
consistent with this opinion. MICKLE and DAVIS, JJ., concur.
321-CITE: 537 So.2d 154 1155 INVESTMENT COMPANY, Appellant, v. TAMARAC CLUB, INC., Carroll A. Ernst and
Laura A. Cantilena Ernst, his wife, et al., Appellees.
TEXT: PER CURIAM. This is an appeal from a non-final order. We reverse. Appellee filed a
complain... dissents with opinion. ANSTEAD, Judge, dissenting. I would dismiss the appeal as moot
in light of the dismissal of the action in the trial court.
322-CITE: 443 So.2d 233 Carl Dennis EVANS, Appellant, v. Sarah M. EVANS, Appellee.
TEXT: SHIVERS, Judge. Dennis Evans, the husband, appeals from a supplemental final judgment of
dis...e as each child attains majority, marries or dies. AFFIRMED in part, REVERSED in part and
REMANDED with directions. MILLS and ZEHMER, JJ., concur.
323-CITE: 484 So.2d 83 Barbara WADE, Appellant, v. Robert WADE, Appellee.
TEXT: RYDER, Chief Judge. On December 29, 1983, Barbara Wade filed a petition for dissolution of
h...ion is for an indefinite period of time and not limited until the rehabilitative alimony period
expires. Affirmed. CAMPBELL and HALL, JJ., concur.
324-CITE: 606 So.2d 765 Adolfo Z. AGUILA-ROJAS, Appellant, v. CITY MANAGEMENT GROUP CORPORATION, a
Florida corporation, Appellee.
TEXT: PER CURIAM. Defendant, Adolfo Aguila-Rojas, appeals a final judgment finding him guilty of
n...y by failing to timely notify the insurer of the claim. City Management Group v. American
Reliance Assurance Co., 528 So.2d 1299 (Fla. 3d DCA 1988).
325-CITE: 741 So.2d 554 MING PROPERTIES, INC., Appellant Cross-Appellee, v. STARDUST MARINE S.A., Jet
Sea U.S.A., Inc., a dissolved Florida corporation, Yachting U.S.A., Inc., a dissolved Florida
corporation, Frederic Asseo and Jacques Casiro, Appellees Cross-Appellants.
TEXT: WARNER, C.J. This is a complex case involving allegations of fraudulent transfers. The
trial... multiple material issues of disputed fact. For that reason, we reverse and remand for a
trial on these issues. GUNTHER and STEVENSON, JJ., concur.
326-CITE: 558 So.2d 122 Nelle J. FITZGERALD, Appellant, v. Geary S. FITZGERALD, Appellee.
TEXT: CAWTHON, Associate Judge. In this appeal from an order granting partition of a marital
home,.... *127 In summary, I would affirm this second special equity issue. At most, the case
should be remanded for explicit findings on the ouster issue.
327-CITE: 530 So.2d 399 Dorothy MOLLNOW, Appellant, v. Marvin A. MOLLNOW, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of a dissolution order, challenging the division
of...s reversed as to the award of rehabilitative alimony and the division of marital property, and
the cause is remanded. ERVIN and BOOTH, JJ., concur.
328-CITE: 487 So.2d 336 Gerald SEIDL, Appellant, v. ESTATE OF Edna MICHELSEN, et al., Appellees.
TEXT: LETTS, Judge. At stake is the ownership of funds in a state bank and a federal savings and
l...he depositor aunt was still living. *339 We find no merit in the remaining points on appeal.
This case is AFFIRMED. DOWNEY and DELL, JJ., concur.
329-CITE: 470 So.2d 844 Kenneth WOOTEN, Appellant, v. Nichola RHODUS, Appellee.
TEXT: SHARP, Judge. This is an appeal from a final judgment which denied Wooten, the former
husban...Salcedo v. Asociacion Cubana, Inc., 368 So.2d 1337 (Fla. 3d DCA), cert. denied, 378 So.2d
342 (Fla.1979). The judgment should therefore be affirmed.
330-CITE: 520 So.2d 104 Lisa D. WAITT (Wood), Appellant, v. The HANOVER INSURANCE COMPANY, Appellee.
TEXT: PARKER, Judge. Lisa D. Waitt filed an action seeking a declaration that she was entitled to
...rial judge shall, after proper notice, assess reasonable attorney s fees for services rendered on
this appeal. DANAHY, C.J., and FRANK, J., concur.
331-CITE: 596 So.2d 1207 Michael R. HAYDEN and Deborah Hayden, Appellants, v. Robert BEESE, Appellee.
TEXT: DOWNEY, Judge. Michael and Deborah Hayden appeal from a non-final order denying their
motion...ble harm will befall them if the temporary injunction is not granted. Accordingly, we
affirm the order appealed from. LETTS and DELL, JJ., concur.
332-CITE: 575 So.2d 1367 Bernard C. MOSKOWITZ, et al., Petitioners, v. Mohammed ASLAM, Respondent.
TEXT: SCHWARTZ, Chief Judge. The county court sua sponte dismissed an action for residential
evict... a three (3) day notice requiring that payment be made in cash is in substantial
compliance with the intent of F.S. 83.56(3). Certiorari granted.
333-CITE: 528 So.2d 1278 Howard M. NEU, Appellant, v. Honorable Robert ANDREWS and Department of Legal
Affairs, State of Florida, Appellees. SENTIMENTAL JOURNEYS, INC. and Leonard Weingrad, Appellants,
v. DEPARTMENT OF LEGAL AFFAIRS, State of Florida, Appellee. Gregory L. LANGSETT and Kathleen M.
Langsett, Appellants, v. DEPARTMENT OF LEGAL AFFAIRS, State of Florida, Appellee.
TEXT: WALDEN, Judge. There are before this court three consolidated appeals arising out of an
acti...s consistent herewith, in addition we grant the writ of prohibition concerning the motion for
disqualification. HERSEY, C.J., and DELL, J., concur.
334-CITE: 507 So.2d 676 Paul CUTLER, Appellant, v. Claudette PELLETIER and Pamela Caputo, and Richard
Emerson, Appellees.
TEXT: WALDEN, Judge. Paul Cutler, appellant, appeals a final judgment awarding a total of
$178,500...ver, after reviewing the evidence, we find that there was insufficient evidence to
support an award of punitive damages on either of these theories.
335-CITE: 648 So.2d 1241 Gino PREMICI d b a Pazazz, Appellant, v. United GROWTH PROPERTIES, L.P., etc.
Appellee.
TEXT: GRIFFIN, Judge. Appellant Gino Premici, d b a Pazazz [ Premici ], timely appeals a final
jud..., the lower court should have tried all remaining issues before entering a final judgment.
REVERSED and REMANDED. COBB, and W. SHARP, JJ., concur.
336-CITE: 706 So.2d 916 EASTON-BABCOCK & ASSOCIATES, INC., Appellant, v. Manuel FERNANDEZ, Appellee.
TEXT: GREEN, Judge. Appellant, Easton-Babcock & Associates, Inc. ( Easton-Babcock ) is a
commercia...ctions that the jury s verdict be reinstated and that final judgment be entered in favor
of EastonBabcock. Reversed and remanded with instructions.
337-CITE: 715 So.2d 310 Annette N. NORDMAN, Appellant, v. Marjorie E. McCORMICK, etc., Appellee.
TEXT: PETERSON, Judge. Annette N. Nordman appeals an order establishing Marjorie E. McCormick as
t...ootnote 2, is explained in the cases of Sigmund v. Elder, 631 So.2d 329 (Fla. 1st DCA 1994) and
Reid v. Bradshaw, 302 So.2d 180 (Fla. 1st DCA 1974).
338-CITE: 464 So.2d 590 Elaine RUDDY, Appellant, v. John F. RUDDY, Appellee.
TEXT: PER CURIAM. In this dissolution of marriage case, the wife makes two contentions on appeal.
...ether she complained about the trial court choosing particular property does not seem relevant to
the issue of whether the court had that authority.
339-CITE: 653 So.2d 1135 Gloria DE SHLESINGER, Appellant Petitioner, v. Rosa Stokhamer DE SLEYZYNGER,
Appellee Respondent.
TEXT: PER CURIAM. Plaintiff-appellant Gloria De Shlesinger seeks review of an order clarifying
the... Gelkop, 384 So.2d 195, 201 (Fla. 3d DCA 1980), abrogation in part on other grounds
recognized, Montano v. Montano, 520 So.2d 52 (Fla. 3d DCA 1988).
340-CITE: 700 So.2d 157 John CHARLEMAGNE, Appellant, v. Adassa and Alston FRANCIS, Appellees.
TEXT: WARNER, Judge. The appellant sued property owners appellees in common law negligence,
claimi...992). The error of giving the instruction was not harmless. We therefore reverse and
remand for a new trial. STONE, C.J., and SHAHOOD, J., concur.
341-CITE: 582 So.2d 155 CENTER ASSOCIATES, INC., Appellant, v. Catherine YOUNG, Appellee.
TEXT: DOWNEY, JUDGE. Appellant (Center) seeks reversal of an order of the trial court granting a
m... to justify the order appealed from. It is, therefore, reversed and the cause is remanded for
further proceedings. HERSEY and GARRETT, JJ., concur.
342-CITE: 610 So.2d 1356 James BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: MINER, Judge. Urging the unconstitutionality of section 893.13(1)(i), Florida Statutes
(Supp...nce except that we herewith strike the one dollar assessment appellant was ordered to pay to
First Step of Bay County. ERVIN and WOLF, JJ., concur.
343-CITE: 487 So.2d 1151 Stuart G. MORAITIS, Appellant, v. George R. GALLUZZO and Alana Galluzzo,
Appellees.
TEXT: COWART, EDWARD D., Associate Judge. This appeal follows a final judgment granting specific
p... though partition was denied, the attorneys fee provision in the partition statute applied. See
Cannon v. Morris, 407 So.2d 372 (Fla. 1st DCA 1981).
344-CITE: 499 So.2d 850 JEWELCOR JEWELERS & DISTRIBUTORS, INC., Appellant Cross Appellee, v. SOUTHERN
ORNAMENTALS, INC., Appellee Cross Appellant, and Publix Super Markets, Inc., a Florida corporation;
and Madeira Shopping Center, Inc., a Florida corporation, Appellees. PUBLIX SUPER MARKETS, INC., and
Madeira Shopping Center, Inc., Appellants Cross Appellees, v. SOUTHERN ORNAMENTALS, INC., Appellee
Cross Appellant, and Jewelcor Jewelers and Distributors, Inc., Appellee.
TEXT: PER CURIAM. This is an appeal from a final judgment imposing liability on a sublessor and a
...s right to contribution. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS
OPINION. HERSEY, C.J., LETTS and GUNTHER, JJ., concur.
345-CITE: 486 So.2d 637 Florence Mildred NAZWORTH, individually, and as personal representative of the
Estate of Henry Roy Nazworth, deceased, and as surviving spouse, Appellant, v. SWIRE FLORIDA, INC.,
a corporation, United States Fire Insurance Company, a corporation, and the North River Insurance
Company, a corporation, Appellees.
TEXT: NIMMONS, Judge. This appeal arises from consolidated personal injury and wrongful death
acti...rity to execute on behalf of Owner all leases having an aggregate total value of $20,000.00
of less and having a term not in excess of five years.
346-CITE: 639 So.2d 117 The HOUSING AUTHORITY OF the CITY OF DAYTONA BEACH and Reverend Carl Brinkley,
Executive Director, Appellants, v. Sandra GOMILLION, Appellee.
TEXT: PER CURIAM. The issue posed by this appeal is whether the tenant records of a public
housing...uced and submitted to the federal government are simply monitoring devices. * * * *
* * AFFIRMED. COBB, DIAMANTIS and THOMPSON, JJ., concur.
347-CITE: 720 So.2d 1132 17070 COLLINS AVENUE, etc., Appellant, v. GRANITE STATE INSURANCE COMPANY, a
Pennsylvania corporation, and Tri Insurance Underwriters, Inc., a Florida corporation, d b a
Advanced Insurance Underwriters, Appellees.
TEXT: PER CURIAM. R.K. Associates, owner of the 17070 Collins Avenue Shopping Center ( insured );
... we affirm the trial court s denial of the agent s motion to dismiss the First Amended Complaint.
Affirmed in part, reversed in part, and remanded.
348-CITE: 518 So.2d 1384 APPLIANCE & REFRIGERATION DISTRIBUTORS, INC., Appellant, v. FEDDERS USA, INC.,
and Fedders Air Conditioning USA, Inc., Appellees.
TEXT: HENDRY, Judge. Appliance & Refrigeration Distributors (ARD) appeals the denial of its
motion... accordance with this opinion, we find it was reversible error to enter a final judgment of
default. Reversed and remanded for further proceedings.
349-CITE: 458 So.2d 798 CONTINENTAL REAL ESTATE EQUITIES, INC., individually and as general partner of
Continental Real Estate Partners, Ltd., and Continental Real Estate Partners, Ltd., Appellants, v.
RICH MAN POOR MAN, INC., Appellee.
TEXT: GRIMES, Acting Chief Judge. This appeal involves the issue of whether a shopping mall owner
... directions to enter an order reflecting the lessee s obligation for its share of the taxes after
January 1, 1982. SCHEB and CAMPBELL, JJ., concur.
350-CITE: 516 So.2d 1068 MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellant, v. Peter A. GEORGE, J.
Tracy Rooks, Control Data Business Centers, Inc., and Louis F. Powell, Trustee for Louis F. Powell,
M.D., P.A., Defined Contribution Pension Plan, Appellees.
TEXT: HERSEY, Chief Judge. The final summary judgment from which this appeal is taken provided
for...ing first mortgage is not affected by any of these proceedings. REVERSED AND REMANDED.
WALDEN, J., and WEBSTER, PETER D., Associate Judge, concur.
351-CITE: 442 So.2d 338 Diane SMITH, etc., Appellant, v. Robert Gerald MOUGHAN, Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. Appellant Diane Smith Seeks review of an order denying her
re...ive possession right upheld, unlike this case, was limited to a definite, ascertainable number
of years--the minority, inter alia, of the children).
352-CITE: 496 So.2d 806 Gloria DAVIS, Petitioner, v. Rosman Charles DIEUJUSTE, Respondent.
TEXT: EHRLICH, Justice. We have for review a decision of the Fourth District Court of Appeal,
Dieu...pported by competent, substantial evidence. I dissent and would finally resolve this case by
approving the result of the district court s decision.
353-CITE: 465 So.2d 562 Ralph C. WILLS, Appellant, v. SNAPPER CREEK NURSING HOME, INC., Snapper Creek
Nursing & Convalescent Home, Inc., Isaac Mizrahi and Mildred Mizrahi, individually and as joint
tenants and owners of the land and building, and Chicago Insurance Company, Appellees.
TEXT: SCHWARTZ, Chief Judge. Marilyn Wills was seriously hurt in an accident at the Snapper Creek
... damages alone. (FN3) Reversed. ------------ (FN3) Any assessment must be reduced by the 50%
comparative negligence already determined by the jury.
354-CITE: 635 So.2d 61 ASPEN-TARPON SPRINGS LIMITED PARTNERSHIP, etc., et al., Appellants, v. George
STUART, etc., et al., Appellees.
TEXT: BARFIELD, Judge. This appeal involves challenges to a final judgment determining the
constit...e note that the parties may protect by contract their respective interests with regard to
the duration and conditions of mobile home park tenancies.
355-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.
356-CITE: 480 So.2d 219 INVESTMENT AND INCOME REALTY, INC., etc., Appellant, v. Peggy BENTLEY, Appellee.
TEXT: UPCHURCH, Judge. The County Court for Orange County has certified two questions pursuant to
...can Insurance Co., 257 So.2d 73 (Fla. 2d DCA 1972). Accordingly, the trial court s order of
dismissal is AFFIRMED. DAUKSCH and SHARP, JJ., concur.
357-CITE: 437 So.2d 234 In re The Marriage of Lynn Earl LYNCH, Appellant, v. Rhonda Kay LYNCH, Appellee.
TEXT: ORFINGER, Chief Judge. This appeal from a judgment of dissolution of marriage challenges
the...in Judge Orfinger s opinion. However, compare, and also see the cases cited in the dissent in
Sanders v. Sanders, 435 So.2d 372 (Fla. 5th DCA 1983).
358-CITE: 595 So.2d 1032 Debra Lynn ADKINS, Appellant, v. James Yamagami ADKINS, Appellee.
TEXT: ZEHMER, Judge. Deborah Adkins, the former wife, appeals an order amending the provisions
for...eversed in part and this cause is remanded for entry of an appropriate order consistent with
this opinion. REVERSED. SMITH and ALLEN, JJ., concur.
359-CITE: 478 So.2d 410 Royal Flagg JONAS, Trustee, Appellant, v. William G. LOGAN and Martin Neca
Logan, his wife, Appellees.
TEXT: BASKIN, Judge. Royal Flagg Jonas appeals a final judgment, entered after a non-jury trial,
d...ind that Mr. Logan possessed no interest to which Jonas s lien could attach and affirm the final
judgment entered in favor of Mrs. Logan. Affirmed.
360-CITE: 702 So.2d 1322 FAMILY BANK, a Florida banking corporation, Appellant, v. ABLE REALTY OF
AMERICA CORP., a Florida corporation, Edward A. Walstrum, and Luz M. Walstrum; and John Doe, and
Alice Doe, as tenants in possession of 1416 N.W. 33rd Court, Fort Lauderdale, Florida, Appellees.
TEXT: FARMER, Judge. The mortgagee appeals a final order setting aside an earlier final judgment
f...r denying foreclosure to condition the denial on a prompt closing. AFFIRMED, BUT REMANDED WITH
INSTRUCTIONS. STONE, C.J., and GUNTHER, J., concur.
361-CITE: 591 So.2d 178 THE FLORIDA BAR Re Louis C. CORBIN.
TEXT: PER CURIAM. We have for consideration a referee s findings, conclusions and recommendations
...which sum let execution issue. It is so ordered. SHAW, C.J., and OVERTON, McDONALD, BARKETT,
GRIMES and KOGAN, JJ., concur. HARDING, J., recused.
362-CITE: 651 So.2d 1248 Jeffrey Michael ESPOSITO, Appellant, v. Angie R. ESPOSITO, Appellee.
TEXT: QUINCE, Judge. Jeffrey Esposito (husband) appeals the trial court s distribution of assets
i...stribution of the massage therapy business and remand for further proceedings consistent with
this opinion. CAMPBELL, A.C.J., and BLUE, J., concur.
363-CITE: 569 So.2d 1253 FLORIDA PUBLIC SERVICE COMMISSION, Petitioner, v. Fred L. BRYSON, Judge, et
al., Respondents.
TEXT: BARKETT, Justice. We have before us an original proceeding in which the Public Service
Commi... consistent with the views expressed in this opinion. It is so ordered. SHAW, C.J., and
OVERTON, McDONALD, EHRLICH, GRIMES and KOGAN, JJ., concur.
364-CITE: 543 So.2d 438 Bryan Wayne BESSENT, By and Through his parent and next friend, Hershell
BESSENT, and Hershell Bessent, individually, Appellants, v. Donald W. MATTHEWS and Misty Kelly
Butler, Appellees.
TEXT: SMITH, Chief Judge. The appellant, plaintiff below, appeals from a final summary judgment
en...cause the appellant has not established a basis for finding the appellee liable, the summary
judgment is AFFIRMED. THOMPSON and MINER, JJ., concur.
365-CITE: 726 So.2d 336 Edward C. VINING, Jr., and Gail G. Vining, Appellants, v. Eva MARTYN, Appellee.
TEXT: FARMER, J. A judgment debtor seeks review of an order finding a fraudulent transfer of an
au... instructions to enter final judgment on the writ of garnishment in favor of Martyn. GUNTHER,
J., and WEINSTEIN, PETER M., Associate Judge, concur.
366-CITE: 573 So.2d 57 In re the ESTATE OF Katherine V. BELL, also known as Virginia Bell, Deceased.
William HUNTER, Daniel Hunter and Marywil Hunter Croson, Appellants, v. Oleta JOHNSON, Personal
Representative of the Estate of Katherine V. Bell, also known as Virginia Bell, Appellee.
TEXT: NIMMONS, Judge. Appellants, beneficiaries of decedent Katherine V. Bell s will, appeal a
fin....56, Florida Statutes. However, that section has no application to the case at bar because
Bell had nothing to do with the purchase of the two CD s.
367-CITE: 604 So.2d 523 SOUTHEAST SEMINOLE CIVIC ASSOCIATION, INC., Appellant, v. W.A. ADKINS, et al.,
Appellees.
TEXT: COWART, Judge. The owners of a large tract of land subdivided it into home site lots with
ro... (Fla. 1st DCA 1984), though such use must be for the benefit of the public at large. See
generally McQuillin, Municipal Corporations Section 33.50.
368-CITE: 701 So.2d 429 Walter Derek INGRAM, Appellant, v. Lauri Anne INGRAM, Appellee.
TEXT: WOLF, Judge. Walter Ingram, the former husband, raises several issues on appeal from a
final...opportunity to confront and respond to the evidence that the trial court has now determined
to be admissible. JOANOS and VAN NORTWICK, JJ., concur.
369-CITE: 710 So.2d 608 BEAL BANK, SSB, Appellant, v. ALMAND & ASSOCIATES, etc., et al., Appellees.
TEXT: PER CURIAM. The issue in this case is whether bank accounts belonging to Amos F. Almand,
Jr....Y SHOWED IT IS A JOINT ACCOUNT WITH RIGHT OF SURVIVORSHIP AND RIGHT OF ONE PARTY TO THE
ACCOUNT TO WITHDRAW FUNDS? COBB and W. SHARP, JJ., concur.
370-CITE: 512 So.2d 1150 Harold J. ADAMS and Lovedia Buresh, Appellants, v. T.A. ADAMS, Jr., et al.,
Appellees.
TEXT: SHIVERS, Judge. Plaintiffs appellants Harold J. Adams and Lovedia Buresh appeal the trial
co...intestacy to the six children of Arie Adams, and then to their respective heirs, devisees,
grantees, or assigns. NIMMONS and BARFIELD, JJ., concur.
371-CITE: 479 So.2d 810 TECHNICABLE VIDEO SYSTEMS, INC., Appellant, v. AMERICABLE OF GREATER MIAMI, LTD.
and Miami Tele-Communications, Inc., Appellee.
TEXT: NESBITT, Judge. Technicable Video Systems, Inc. (Technicable) appeals an order dismissing
it...pinion on the plaintiff s ability to state a cause of action under 42 U.S.C. Section 1981. See
Organization of Minority Vendors, 579 F.Supp. at 591.
372-CITE: 645 So.2d 1055 REWJB GAS INVESTMENTS, a Florida general partnership; F.S. Convenience Stores,
Inc., as general partner of REWJB Gas Investments; and Toni Gas and Food Stores, Petitioners, v.
LAND O SUN REALTY, LTD., a Florida limited partnership, by and through its general partners, Alan S.
Fogg, Jr., as general partner, Stephen M. Fogg, as general partner, and Suzanne Fogg Rentz, as
general partner, Respondents.
TEXT: POLEN, Judge. Petitioners are the tenants in an eviction proceeding below. They seek review
...e order denying the stay and direct the trial court to enter a stay pending the disposition of
the Dade County case. HERSEY and KLEIN, JJ., concur.
373-CITE: 540 So.2d 199 Jennifer CZERWINSKI, Appellant, v. SUNRISE POINT CONDOMINIUM, Appellee.
TEXT: PER CURIAM. The appellant, a tenant at Sunrise Point Condominium, was robbed and sexually
as...o v. Howard Johnsons Co., 471 So.2d 1296 (Fla. 3d DCA 1985); Medina v. 187th Street Apts., 405
So.2d 485 (Fla. 3d DCA 1981). REVERSED AND REMANDED.
374-CITE: 516 So.2d 1035 Sandra J. FOUCART, Appellant, v. A.B. PAUL, Jr., Appellee.
TEXT: SHARP, Judge. Sandra Foucart appeals from a final judgment which denied her any remedy in
he...ittock v. Ramponi, 446 So.2d 271 (Fla. 4th DCA 1984); Harelik v. Teshoney, 337 So.2d 828 (Fla.
1st DCA), cert. dismissed, 341 So.2d 1082 (Fla.1976).
375-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.
376-CITE: 585 So.2d 1081 Manuel ANDREU and Sylvia M. de Andreu, his wife, Appellants, v. CITICORP
SAVINGS OF FLORIDA, a Federal Savings and Loan Association, Appellee.
TEXT: PER CURIAM. The plaintiffs, Manuel and Sylvia M. de Andreu [hereinafter referred to as the
A... to demonstrate foreseeability of attack). See generally Ehrhardt, Florida Evidence Section
411.2 (2d Ed. 1984). I would affirm the judgment below.
377-CITE: 530 So.2d 445 STATE FARM FIRE & CASUALTY COMPANY, Appellant, v. Marva CRONK, Jay P. Lewis,
Pamela Lewis and Zahn Builders, Inc., a Florida corporation, Appellees.
TEXT: COOK, JACK, H., Associate Judge. Appellant, State Farm Fire & Casualty Company, appeals the
... declaratory relief, the order of the circuit court is reversed and the case is remanded for
further proceedings. GLICKSTEIN and DELL, JJ., concur.
378-CITE: 708 So.2d 699 STATE of Florida, Appellant Cross-Appellee, v. Charles Ray ALLEN, Appellee
Cross-Appellant.
TEXT: PER CURIAM. AFFIRMED. See Elsleger v. State, 503 So.2d 1367, 1370 (Fla. 4th DCA), cause
dism...he officers suddenly became more threatening; it occurred only when he realized that the
search would ultimately be conducted with a search warrant.
379-CITE: 442 So.2d 408 STATE of Florida, Appellant, v. Ralph Edwin HORTON, Appellee.
TEXT: OTT, Chief Judge. Ralph Edwin Horton was charged with false imprisonment. The trial court
gr...ept this conclusory allegation, as the depiction of the event contained in paragraphs 1 a-d
provides a basis for finding that a threat was involved.
380-CITE: 743 So.2d 1227 Bruce REESE and Lucy Reese d b a Industrial Park Shell a k a Reese Enterprises
of South Florida, Inc., Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.
TEXT: McCARTHY, TIMOTHY P., Associate Judge. Appellants appeal from a denial of attorney s fees
fo...ofits appellants may have enjoyed from appellants efforts during their extended tenancy on DOT
s property. AFFIRMED. POLEN and GROSS, JJ., concur.
381-CITE: 440 So.2d 383 COMMERCIAL UNION INSURANCE COMPANY, Appellant, v. The R.H. BARTO COMPANY, A
DIVISION OF ATLAS AIR CONDITIONING CORPORATION, Appellee.
TEXT: DOWNEY, Judge. Appellant, Commercial Union Insurance Company, has perfected this appeal
from...aled from is reversed. REVERSED. HURLEY, J., and GEIGER, DWIGHT L., Associate Judge,
concur. GLICKSTEIN, J., recused himself after oral argument.
382-CITE: 665 So.2d 237 PIZZA U.S.A. OF POMPANO INC., Appellant, v. R S ASSOCIATES OF FLORIDA, a
Pennsylvania limited partnership, Appellee.
TEXT: STEVENSON, Judge. This is an appeal involving a commercial lease between appellant, Pizza
U....e litigation. In all other respects we deny appellee s motion for rehearing and appellant s
motion for clarification. DELL and STONE, JJ., concur.
383-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.
384-CITE: 464 So.2d 597 Ira SACHS, Appellant, v. CURRY-THOMAS HARDWARE, INCORPORATED, Appellee.
TEXT: SMITH, Judge. Sachs appeals a final summary judgment of foreclosure rendered in favor of
app... the property in question. Meyers v. Ferris, 91 Fla. 958, 109 So. 209 (1926); Seiff v. Presto
Brick Machine Corp., 168 So.2d 700 (Fla. 3d DCA 1964).
385-CITE: 696 So.2d 1257 Johnny TITUS, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. Although not so framed by the parties, the real issue in this case is
whether...der denying suppression and the following conviction for proceedings consistent with our
disposition. REVERSED. GLICKSTEIN and GROSS, JJ., concur.
386-CITE: 524 So.2d 486 Craig R. SAS, Appellant, v. Susan E. SAS, Appellee.
TEXT: SCHEB, Acting Chief Judge. The husband appeals from an amended final judgment of
dissolution...es on appeal. Cummings v. Cummings, 330 So.2d 134 (Fla.1976); Andrews v. Andrews, 409
So.2d 1135 (Fla. 2d DCA 1982). RYDER and PARKER, JJ., concur.
387-CITE: 455 So.2d 373 Dean FORSBERG and Walter Freeman, Appellants, v. The HOUSING AUTHORITY OF the
CITY OF MIAMI BEACH and Murray Gilman, Executive Director, Appellees.
TEXT: PER CURIAM. Dean Forsberg and Walter Freeman, tenants in public housing operated by the
Miam...so Cox Broadcasting Corp. v. Cohn, 420 U.S. 469, 95 S.Ct. 1029, 43 L.Ed.2d 328 (1975);
Restatement (Second) of Torts, Section 652B comment c (1976).
388-CITE: 630 So.2d 210 Roberta Mary ZUCKERMAN, Appellant, v. ALEX HOFRICHTER, P.A., f k a Hofrichter &
Quiat, P.A., Alex Hofrichter, individually, Henry Hirst, individually, Ronald P. Ponzoli,
individually, Ponzoli, Wassenberg & Sperkacz, P.A., and Andrew Leinoff, individually, Appellees.
TEXT: GERSTEN, Judge. Appellant, Roberta Zuckerman, appeals a dismissal of her complaint. We
affir...ly invoked equity jurisdiction when an adequate remedy at law existed under Chapter 77,
Florida Statutes (1991), we affirm the dismissal. Affirmed.
389-CITE: 731 So.2d 733 Howard P. BURKHART, Appellant, v. Sandra H. BURKHART, Appellee.
TEXT: ALLEN, J. The appellant challenges an order by which a final judgment of dissolution of
marr...marital home, and (3) the appellee was awarded attorney s fees. The order is affirmed in all
other respects. WEBSTER and VAN NORTWICK, JJ., CONCUR.
390-CITE: 712 So.2d 822 Rickey N. THOMAS, Appellant, v. Ruth M. THOMAS, Appellee.
TEXT: NORTHCUTT, Judge. We agree with Mr. Thomas s contention that the value of Mrs. Thomas s
cour...l value of the former marital home and including half that sum in Mrs. Thomas s gross monthly
income. CAMPBELL, A.C.J., and ALTENBERND, J., concur.
391-CITE: 613 So.2d 1339 Sharon L. LEONARD, Appellant, v. James J. LEONARD, Appellee.
TEXT: PER CURIAM. In this appeal from a final judgment of dissolution of marriage, we agree with
t...ON, Judge, dissenting in part. As to the award of permanent alimony and attorney s fees, I
cannot agree that the trial judge abused her discretion.
392-CITE: 458 So.2d 839 Howard E. GOOD, Appellant, v. Rita A. GOOD, Appellee.
TEXT: OTT, Judge. The husband in this dissolution of marriage action appeals the award to the
wife...e facts of this case and this opinion. REVERSED IN PART and REMANDED for proceedings
consistent herewith. BOARDMAN, A.C.J., and SCHEB, J., concur.
393-CITE: 562 So.2d 425 Florrie Emma BARLOW, Appellant, v. Paul BARLOW, Appellee.
TEXT: SCHEB, Judge. In this appeal from a final judgment of dissolution, the wife raises two
issue...erwise, the final judgment is affirmed. Affirmed in part, reversed in part and remanded
with instructions. CAMPBELL, C.J., and PARKER, J., concur.
394-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.
395-CITE: 526 So.2d 724 TRUMAN ANNEX COMPANY, Appellant, v. FLORIDA KEYS AQUEDUCT AUTHORITY, Appellee.
TEXT: PER CURIAM. Truman Annex Company [Truman Annex] appeals a Declaratory Statement of the
Flori...purposes of the exempt person or organization, such person, organization or entity shall be
required to pay any applicable System Development Fee.
396-CITE: 432 So.2d 1389 Althea B. HU, Appellant, v. Frank Ting-Yi HU, Appellee.
TEXT: DANAHY, Judge. Neither party is entirely happy with the financial and property awards
contai... the trial judge reexamines the awards. REVERSED in part, AFFIRMED in part, and REMANDED
with instructions. GRIMES, A.C.J., and RYDER, J., concur.
397-CITE: 620 So.2d 1087 DEPARTMENT OF TRANSPORTATION, Appellant, v. L.I. GEFEN, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from a final judgment finding a compensable
...icular private property are not to be considered in determining whether a property owner has
suffered a compensable loss due to the public taking.
398-CITE: 509 So.2d 1128 VINCI DEVELOPMENT COMPANY, a Florida corporation, Appellant Cross-Appellee, v.
Peter W. CONNELL, Trustee, Appellee Cross-Appellant.
TEXT: PER CURIAM. We have before us an appeal and cross-appeal that arise from amended final
judgm...wner. Reversed in part, affirmed in part, and remanded with instructions. DANAHY, C.J.,
SANDERLIN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
399-CITE: 617 So.2d 373 Francis X. McMONAGLE, Appellant Cross-Appellee, v. Peggy McMONAGLE, Appellee
Cross-Appellant.
TEXT: W. SHARP, Judge. Francis McMonagle appeals from a final judgment of dissolution of marriage
...er, 469 So.2d 212 (Fla. 5th DCA 1985). (FN5) Bussey v. Bussey, 611 So.2d 1354 (Fla. 5th DCA
1993); Bain v. Bain, 553 So.2d 1389 (Fla. 5th DCA 1990).
400-CITE: 620 So.2d 198 Colette M. VILLALVA, Appellant Cross-Appellee, v. John J. VILLALVA, Appellee
Cross-Appellant.
TEXT: BRESCHER, GEORGE A., Associate Judge. The parties in this cause were married in 1983 and
the...urn those matters to the trial court for further consideration. REVERSED AND REMANDED.
STONE, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
401-CITE: 466 So.2d 1253 John D. KAYLOR, Appellant, v. Anne H. KAYLOR, Appellee.
TEXT: OTT, Acting Chief Judge. In this appeal, the husband challenges a contempt order entered
aga...agers, etc., of property to turn moneys over to the wife. Accordingly, both orders of the
trial court are AFFIRMED. DANAHY and LEHAN, JJ., concur.
402-CITE: 591 So.2d 330 Scott J. LAWLOR, former husband, Appellant, v. Carol Okarski LAWLOR, former
wife, Appellee.
TEXT: PER CURIAM. AFFIRMED. DAUKSCH and GRIFFIN, JJ., concur. W. SHARP, J., dissents with
opinio...1989) (reasonable availability of health insurance unclear; remanded for determination).
(FN3) See Jones v. Jones, 493 So.2d 19 (Fla. 5th DCA 1986).
403-CITE: 458 So.2d 359 Michael Maurice BURNS, et al., Appellants, v. J.C. SAMS and Cornelia Sams,
Appellees.
TEXT: BARFIELD, Judge. Michael Burns, a minor, through his mother, Marjorie Johnson, and Marjorie
...or the servant of an independent contractor, Pray. In either event, appellees were entitled to
the directed verdict awarded them by the trial judge.
404-CITE: 527 So.2d 1373 James BARROW, Petitioner, v. Donna BARROW, Respondent.
TEXT: OVERTON, Justice. This is a petition to review Barrow v. Barrow, 505 So.2d 506 (Fla. 2d DCA
...rther proceedings consistent with this opinion. It is so ordered. *1378 McDONALD, C.J., and
EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
405-CITE: 458 So.2d 891 Edeltraud BECKER, formerly Edeltraud Schleich, Appellant, v. Peter EFFENBERGER,
Appellee.
TEXT: OTT, Judge. Appellee had a judgment against Forthner, who is not a party to this appeal. In
...and REMANDED for such amendment to the judgment or other proceedings as are consistent with this
opinion. GRIMES, A.C.J., and CAMPBELL, J., concur.
406-CITE: 707 So.2d 706 STATE of Florida, Petitioner, v. Johnny TITUS, Respondent.
TEXT: GRIMES, Senior Justice. We have for review Titus v. State, 696 So.2d 1257 (Fla. 4th DCA
1997...lly distinguishable, and we approve the decision below. It is so ordered. KOGAN, C.J., and
OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ., concur.
407-CITE: 631 So.2d 329 Otto V. SIGMUND, Jr. and Ruth C. Sigmund, Appellants, v. Kenneth Jacques ELDER,
Sr., as Personal Representative of The Estate of Otto V. Sigmund, deceased, Appellee.
TEXT: SMITH, Judge. Appellant seeks reversal of an order entered in the probate division of the
ci...d 330 (Fla.1982); Nelson v. Boyer, 412 So.2d 31 (Fla. 2d DCA 1982). Accordingly, the order
under review is AFFIRMED. ERVIN and ALLEN, JJ., concur.
408-CITE: 436 So.2d 914 Robert W. BRADEN, Appellant, v. Clara BRADEN, Appellee.
TEXT: SCHEB, Judge. Robert W. Braden complains of the trial court s order on his petition for
acco...dit and to award such sum as a setoff against the husband s indebtedness to the wife.
Otherwise, we affirm. GRIMES, A.C.J., and DANAHY, J., concur.
409-CITE: 532 So.2d 1297 Kendall C. SMITH, Appellant, v. Linda M. SMITH, Appellee.
TEXT: DOWNEY, Judge. This is an appeal by the husband from a final judgment of dissolution of
marr... of one-half of the ratio which his contribution bore to the purchase price which is one-half
of twenty-five percent or twelve and one-half percent.
410-CITE: 671 So.2d 162 George J. BUSBY, Appellant, v. Karlyn Kay Rehard BUSBY, Appellee.
TEXT: WARNER, Judge. The principal issue in this appeal is whether the trial court erred in using
...not incorrect but reflects the ruling of the trial court on the issue. The motion for rehearing
is denied. STONE, WARNER and SHAHOOD, JJ., concur.
411-CITE: 449 So.2d 378 CENTURY VILLAGE, Appellant, v. Rebecca E. WALKER, Property Appraiser, Palm Beach
County, Florida, and Allen C. Clark, Tax Collector, Palm Beach County, Florida, Appellees.
TEXT: DOWNEY, Judge. Century Village has perfected this appeal from a final summary judgment in
fa...eentree, Inc., the encumbered interest is to be assessed. I submit that a reduction must occur
by virtue of a genuinely disadvantageous encumbrance.
412-CITE: 586 So.2d 1309 Frederick M. ROBERTS, et al., Appellants, v. CFW CONSTRUCTION COMPANY, INC.,
Appellee.
TEXT: HARRIS, Judge. On or about December 31, 1981 West Kennedy Apartments, Ltd. (W.K.A.) a
Florid...ver damages occasioned by the contractor s failure to render full performance. Oven
Development Corp. v. Molisky, 278 So.2d 299 (Fla. 1st DCA 1973).
413-CITE: 557 So.2d 102 Victor SEIJAS, Appellant, v. Maria SEIJAS, Appellee.
TEXT: GERSTEN, Judge. This is an appeal by a husband from a final judgment of dissolution of
marri...onveyance from the original grantors to Maria Seijas, the original grantors would have had
to be joined as indispensable parties. That was not done.
414-CITE: 645 So.2d 171 Miriam HERNANDEZ, Appellant, v. Walfrido HERNANDEZ, Appellee.
TEXT: COPE, Judge. Miriam Hernandez appeals a post-dissolution order of partition. We affirm in
pa...the order under review insofar as it orders partition. We reverse the remainder of the order
and remand for further proceedings consistent herewith.
415-CITE: 680 So.2d 622 DEPARTMENT OF CORRECTIONS, State of Florida, Appellant, v. William L. ROSS, Jr.,
Appellee.
TEXT: ANTOON, Judge. William L. Ross, Jr. (Ross), sued the Department of Corrections (DOC), for
de...the private dock he was constructing under the authority of the Florida Statutes). REVERSED
AND REMANDED. PETERSON, C.J., and DAUKSCH, J., concur.
416-CITE: 453 So.2d 1383 WALDORFF INSURANCE AND BONDING, INC., Appellant, v. EGLIN NATIONAL BANK,
Appellee.
TEXT: SHIVERS, Judge. Waldorff Insurance and Bonding, Inc. (Waldorff) appeals the supplemental
fin... the 1972 note and mortgage is $41,562.61. The purchase price bid for the remaining mortgaged
property at the foreclosure sale in 1976 was $750,000.
417-CITE: 528 So.2d 385 MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, Appellant, v. DEPARTMENT OF
COMMUNITY AFFAIRS, Appellee.
TEXT: PER CURIAM. This is an appeal from a final agency order of the Florida Department of
Communi...this case. See Florida Motor Lines v. R.R. Comm n, 101 Fla. 1018, 132 So. 851 (1931). The
case should be reversed and remanded for new proceedings.
418-CITE: 683 So.2d 586 FEDERATION OF MOBILE HOME OWNERS OF FLORIDA, INC. and Department of Business and
Professional Regulation, Division of Florida Land Sales, Condominiums and Mobile Homes, Appellants,
v. FLORIDA MANUFACTURED HOUSING ASSOCIATION, INC., Appellee.
TEXT: DAVIS, Judge. The Federation of Mobile Home Owners of Florida, Inc., and the Florida
Departm...35. We therefore AFFIRM the order invalidating the repeal of Rule 61B-31.001(5), Florida
Administrative Code. BARFIELD, C.J., and KAHN, J., concur.
419-CITE: 517 So.2d 73 The STATE of Florida, Appellant, v. Oliver McCORMACK, Appellee.
TEXT: PER CURIAM. The state appeals an order granting a motion to suppress cocaine obtained
during...had probable cause to make the arrest. For these reasons, the order granting the motion to
suppress is reversed with directions to deny the motion.
420-CITE: 679 So.2d 852 Mary Louis HOSACK, Appellant, v. Richard Lee HOSACK, Appellee.
TEXT: PER CURIAM. Mary Louise Hosack, the former wife, appeals a final judgment of dissolution
con..., 176 (Fla. 3d DCA 1994). REVERSED in part, and REMANDED for proceedings consistent with this
opinion. WOLF, BENTON and VAN NORTWICK, JJ., concur.
421-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.
422-CITE: 636 So.2d 105 Gaylynn Sue MEEK and Barry M. Meek, Appellants, v. Samuel ZELL, Trustee under
Trust Agreement dated April 3, 1972, and known as Trust Number 853, not individually, but solely as
Trustee; and First Property Management Corp., an Illinois corporation, Appellees.
TEXT: LAWRENCE, Judge. Gaylynn Sue Meek (Meek) and her husband Barry M. Meek seek review of a
summ... entered by the trial court in favor of the defendants, and remand for proceedings consistent
with this opinion. BARFIELD and WEBSTER, JJ., concur.
423-CITE: 476 So.2d 1292 William R. WARD, Appellant, v. Kila B. WARD, Appellee.
TEXT: DELL, Judge. William R. Ward appeals from a final judgment of dissolution and challenges
the... the final judgment in all other respects. AFFIRMED IN PART; REVERSED IN PART and REMANDED.
LETTS, J., and COOK, JACK H., Associate Judge, concur.
424-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.
425-CITE: 463 So.2d 540 William David LOWRY, John Lowry, Janet Lowry Copeland and Lynn Lowry Carlson,
Appellants, v. Mary LOWRY, Appellee.
TEXT: GRIMES, Judge. This case involves a claim for relief predicated upon the theory of unjust
en...e complaint stated a cause of action. Accordingly, this cause is reversed and remanded for
further proceedings. RYDER, C.J., and SCHEB, J., concur.
426-CITE: 445 So.2d 717 Dudley D. HORN, II, Appellant, v. Glenda A. HORN, Appellee.
TEXT: DELL, Judge. Dudley D. Horn, II appeals from a final judgment of dissolution which awarded
a...sum alimony. We affirm the final judgment in all other respects. AFFIRMED IN PART, REVERSED IN
PART and REMANDED. BERANEK and WALDEN, JJ., concur.
427-CITE: 580 So.2d 331 Phyllis A. MEACHUM, Appellant, v. Richard N. MEACHUM, Appellee.
TEXT: SCHEB, Judge. Phyllis Meachum, the wife, appeals from a final judgment of dissolution. She
c...ability, should it be deemed necessary. Affirmed in part; reversed in part and remanded with
directions. SCHOONOVER, C.J., and DANAHY, J., concur.
428-CITE: 536 So.2d 334 FOREST S MENS SHOP and Ladies Den of Stuart, Appellants Cross Appellees, v.
Richard L. SCHMIDT and Charles E. Schmidt, Jr., as trustees d b a Monterey Shopping Plaza, Appellees
Cross Appellants.
TEXT: WEBSTER, PETER D., Associate Judge. Appellant (plaintiff below) appeals, and appellees
(defe... 318 So.2d 414 (Fla. 2d DCA 1975), cert. denied, 333 So.2d 465 (Fla.1976). REVERSED AND
REMANDED, with directions. GUNTHER and STONE, JJ., concur.
429-CITE: 632 So.2d 272 SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, Appellants Cross-Appellees, v.
William MARKHAM, as Property Appraiser of Broward County, Appellee Cross-Appellant, and Broward
County, a political subdivision of the State of Florida, and Joseph Rosenhagen, as Broward County
Revenue Collector, Appellees.
TEXT: STEVENSON, Judge. Southern Bell Telephone and Telegraph Company ( Southern Bell ), appeals
a... in the cross-appeal and find them to be without merit. Accordingly, the judgment of the trial
court is affirmed. DELL, C.J., and POLEN, J. concur.
430-CITE: 507 So.2d 148 Elaine Marie BARTON, Appellant, v. The MITCHELL COMPANY, etc., et al.,
Appellees.
TEXT: WALDEN, Judge. This is a landlord tenant action. Ms. Barton leased premises for five years
f...er business, Ms. Barton waited a reasonable time for the landlord to act. *150 The judgment on
appeal is REVERSED. ANSTEAD and DELL, JJ., concur.
431-CITE: 626 So.2d 1035 Francisco Jorge CASTILLO, Appellant, v. Magaly CASTILLO, Appellee.
TEXT: PER CURIAM. A husband appeals from a final dissolution of a marriage that lasted less than
f...o pay other parties fees); Seitz v. Seitz, 471 So.2d 612 (Fla. 3d DCA 1985). Each party shall
bear their own attorneys fees. Reversed and remanded.
432-CITE: 510 So.2d 1127 Robert J. MILLER, Appellant, v. Donald ROSENTHAL and Mary Rosenthal, Appellees.
TEXT: RYDER, Acting Chief Judge. In 1979, appellant and his wife purchased certain real property.
...produced by appellant and his wife s tenancy by the entirety property. Reversed. THREADGILL,
J., and PATTERSON, DAVID F., Associate Judge, concur.
433-CITE: 608 So.2d 76 FORMAN S DAIRY PALM NURSERY, Appellant, v. DEPARTMENT OF TRANSPORTATION, STATE OF
FLORIDA, Appellee.
TEXT: FARMER, Judge. When the Florida State Department of Transportation [DOT] constructed
interst...ly lost, and the amount required to compensate Nursery therefor under section
24.303(a)(10). REVERSED AND REMANDED. LETTS and WARNER, JJ., concur.
434-CITE: 584 So.2d 46 Bernard E. DRAGLAND, Appellant, v. Barbara E. DRAGLAND, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Bernard E. Dragland (Husband), challenges that portion of the
Pi...ed without prejudice to Husband s right to seek further relief when he has satisfied the clean
hands problem. RYDER, A.C.J., and FRANK, J., concur.
435-CITE: 591 So.2d 594 THE FLORIDA BAR RE APPROVAL OF FORMS PURSUANT TO RULE 10-1.1(b) OF THE RULES
REGULATING THE FLORIDA BAR.
TEXT: PER CURIAM. The Florida Bar petitions this Court for approval of seventeen forms pursuant
to... Seller SWORN TO and subscribed before me this _______ day of _______, 19__ .
___________________________ Notary Public My commission expires:
436-CITE: 479 So.2d 223 Willis Dexter SAMMONS, Appellant, v. Julia Sullivan SAMMONS, Appellee.
TEXT: SCHWARTZ, Chief Judge. The appellee, Julia Sammons, was the plaintiff below in an action
see... the entireties, Section 689.15, Fla.Stat. (1983), she has the right to partition as a matter
of law. Bell v. Bell, 112 So.2d 63 (Fla. 3d DCA 1959).
437-CITE: 566 So.2d 352 Ramiro MALAGON and Maria Malagon, Appellants, v. Annette SOLARI, Appellee.
TEXT: PER CURIAM. Appellants, as tenants, brought an action against their landlord for return of
t...edings in accordance with Hensley and Pappert. REVERSED AND REMANDED. HERSEY, C.J., STONE, J.,
and OWEN, WILLIAM C., Jr., Associate Judge, concur.
438-CITE: 549 So.2d 755 Sidney L. SYNA and Steven Lachterman, Appellants, v. Sol LEWEN and Beverly
Parmet, Guardian of Marion Lewen, Incompetent, Appellees.
TEXT: BASKIN, Judge. Attorneys Syna and Lachterman challenge the trial court s order: dismissing
w...Since the appeal comes to us on a motion to dismiss, we must accept the allegations of
overreaching as true, although they are disputed by appellee.
439-CITE: 671 So.2d 885 WAREHOUSES OF FLORIDA, INC., Appellant, v. Richard L. HENSCH and Susan L.
Hensch, Appellee.
TEXT: ANTOON, Judge. In this mortgage foreclosure case the primary issue is whether the trial
cour...Barnett Bank of Palm Beach County, 550 So.2d 65 (Fla. 2d DCA 1989). The deficiency judgment
is vacated. VACATED. GOSHORN and GRIFFIN, JJ., concur.
440-CITE: 521 So.2d 282 B.J. PEARCE, et al., Petitioners, v. DORAL MOBILE HOME VILLAS, INC., Respondent.
TEXT: PER CURIAM. Petitioners are tenants of a mobile home park who are presently involved in a
su...ase is remanded to the circuit court for further proceedings consistent with this opinion.
RYDER, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
441-CITE: 573 So.2d 892 In re the GUARDIANSHIP OF Catherine S. MEDLEY, Incompetent. Patricia J. EMIDDIO,
Individually, and as Personal Representative of the Estate of Catherine S. Medley, Deceased; Pamela
Nadeau, f k a Pamela Donoher and Cynthia McLaren, Appellants, v. SOUTHEAST BANK, N.A., Individually
and as Guardian of the Property of Catherine S. Medley, Incompetent, Appellee.
TEXT: LEHAN, Judge. At the heart of this case, which involves twelve joint savings and loan
associ...appropriate at this preliminary pleadings stage. Reversed and remanded for proceedings
consistent herewith. SCHEB, A.C.J., and DANAHY, J., concur.
442-CITE: 450 So.2d 256 Vicki Rae HANEY, Appellant, v. Harry L. HANEY, Appellee.
TEXT: LEHAN, Judge. The wife appeals the property distribution, alimony, and child support
awarded...oncur. ------------ (FN1) The Marcoux opinion certified the question of whether Conner
limits the scope of appellate review enunciated in Canakaris.
443-CITE: 721 So.2d 341 Raymond SPITALE, Appellant, v. Charles H. SMITH, Appellee.
TEXT: FULMER, Judge. Raymond Spitale appeals the trial court s entry of judgment against him for
f...value of the house. Accordingly, we reverse and remand for entry of judgment in favor of the
defendant. PATTERSON, A.C.J., and QUINCE, J., Concur.
444-CITE: 581 So.2d 591 I.R.T. PROPERTY COMPANY, Appellant, v. Lloyd G. SHEEHAN, Appellee.
TEXT: THREADGILL, Judge. This is an appeal from a final judgment which perpetually enjoins I.R.T.
...trons was a permissive one. Accordingly, we reverse the final judgment granting the injunction.
Reversed. CAMPBELL, A.C.J., and FRANK, J., concur.
445-CITE: 690 So.2d 603 PROCACCI COMMERCIAL REALTY, INC., as General Partner of Procacci Financial
Group, Ltd., Appellant Cross-Appellee, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,
Appellees Cross-Appellant, and BDC Deland, Ltd., Appellee.
TEXT: ON MOTION FOR REHEARING OF ORDER GRANTING ATTORNEYS FEES BENTON, Judge. A
motion--appellant...th and Rehabilitative Services and BDC Deland, Ltd. pursuant to section
120.57(1)(b)(10), Florida Statutes, is denied. ERVIN and KAHN, JJ., concur.
446-CITE: 707 So.2d 958 Allan SERCHAY, individually and as Trustee and Director of Allan Serchay,
C.P.A., P.A., a Florida corporation; A. Serchay Accounting Services, P.A., a Florida corporation;
Paul J. Lane, individually and as Trustee and Director of Paul J. Lane, P.A., a Florida corporation,
and Coven & Lane, P.A., a Florida corporation, Appellants, v. NTS FORT LAUDERDALE OFFICE JOINT
VENTURE, a Kentucky general partnership, as general partner of NTS Properties IV, Ltd., a Kentucky
limited partnership, Appellee.
TEXT: STONE, Chief Judge. We affirm that portion of the final judgment in favor of Appellee
Landlo...versed with instruction to enter judgment in its favor. As to the remaining appellants, the
judgment is affirmed. GUNTHER and SHAHOOD, JJ., concur.
447-CITE: 600 So.2d 477 WEST TOWN PLAZA ASSOCIATES, LTD., a Florida Limited Partnership, Appellant, v.
PINES PROPERTIES, INC., a Florida corporation, and Wal-Mart Stores, Inc., Appellees.
TEXT: FEDER, RICHARD Y., Associate Judge. West Town Plaza Associates, Ltd. timely appeals from
the...384 So.2d 212 (Fla. 4th DCA), rev. denied, 389 So.2d 1108 (Fla.1980). All other points on
appeal are without merit. WARNER and POLEN, JJ., concur.
448-CITE: 524 So.2d 1124 Donald M. SIMPSON, Appellant, v. Eleanor S. SIMPSON, Appellee.
TEXT: COWART, Judge. The 1983 judgment dissolving the marriage between the parties left the
partie...., 214 So.2d 82 (Fla. 3d DCA 1968). (FN7) This quashal constitutes an adjudication that the
temporary injunction in this case was wrongfully issued.
449-CITE: 431 So.2d 1037 Euphrosyne HAGER, Appellant, v. Andrew ILLES and Glenda Illes, his wife,
Appellee.
TEXT: DELL, Judge. Euphrosyne Hager seeks review of a circuit court order quashing service of
proc...process and remand to the circuit court for proceedings consistent with this opinion.
REVERSED AND REMANDED. LETTS, C.J., and ANSTEAD, J., concur.
450-CITE: 654 So.2d 1005 TIRE KINGDOM, INC., Appellant, v. WATERBED CITY, INC., Appellee.
TEXT: BARKDULL, Judge. Prior to August 24, 1994, Tire Kingdom operated a store in South Dade
Count...e and Repair. Tenant shall at all times, and at Tenant s expense, maintain the Premises in a
clean orderly, tenantable and sanitary condition. . . .
451-CITE: 529 So.2d 794 R & S PARTNERSHIP d b a Red Sunset Building, Appellant, v. MARTIN SCHAFFEL
ENTERPRISES, INC., and St. Paul Fire & Marine Insurance Company, Appellees.
TEXT: BASKIN, Judge. Appellant R & S Partnership d b a Red Sunset Building [R & S] seeks reversal
...eal on the crossclaim against defendant Martin Schaffel Enterprises, Inc., is moot because they
are not liable to plaintiff Designers Tile. . . . ).
452-CITE: 655 So.2d 142 Olga LAMBERTINI, Appellant, v. Frank LAMBERTINI, Appellee.
TEXT: PER CURIAM. The wife appeals from the final judgment annulling the marriage between her and
...r a divorce according to the original dissolution judgment and order, and for such other relief
as the parties may present by supplemental petition.
453-CITE: 460 So.2d 518 SAFECO TITLE INSURANCE COMPANY, a California corporation, Appellant, v.
ATTORNEYS TITLE SERVICES, INC., a Florida corporation, Appellee.
TEXT: FERGUSON, Judge. This is an appeal from a final order dismissing appellant s third party
com...ty complaint, assuming the truth of the allegations, states a cause of action. We hold that it
does. Reversed and remanded for further proceedings.
454-CITE: 576 So.2d 406 Victor MITRANI and Delores Mitrani, his wife, Appellants, v. Jack Philip
DRUCKMAN, Appellee.
TEXT: PER CURIAM. Victor and Delores Mitrani appeal from a final summary judgment entered in
favor... judgment on a more complete record if he is able to show the nonexistence of a disputed
issue of material fact with respect to the causation issue.
455-CITE: 443 So.2d 473 Dorothy DORAN and Mary Adams, Appellants Cross-Appellees, v. Carol GAINER,
individually and as Personal Representative of the Estate of Holly E. Gainer, Appellee
Cross-Appellant.
TEXT: COBB, Judge. This appeal concerns the disposition of joint savings accounts in two separate
...MED in part; REVERSED in part; and REMANDED for entry of judgment consistent with this opinion.
DAUKSCH J., and DIAMANTIS, Associate Judge, concur.
456-CITE: 445 So.2d 711 Ronald L. MARCOUX, Appellant Cross Appellee, v. Catherine M. MARCOUX, Appellee
Cross Appellant.
TEXT: PER CURIAM. Husband appeals the final judgment of dissolution ending a 13-year marriage.
The...nner-Kuvin trilogy has collectively put the District Courts on notice that the judgments of
trial judges are all but irreversible in domestic cases.
457-CITE: 613 So.2d 448 CAPITAL CITY COUNTRY CLUB, INC., etc., Petitioner, v. Katie TUCKER, etc., et
al., Respondents.
TEXT: GRIMES, Justice. We review Capital City Country Club, Inc. v. Tucker, 580 So.2d 789 (Fla.
1s...prove the decision of the court below. It is so ordered. BARKETT, C.J., and OVERTON, SHAW,
KOGAN and HARDING, JJ., concur. McDONALD, J., recused.
458-CITE: 437 So.2d 1110 In re The ESTATE OF Elizabeth D. SLATER, Deceased. Carrie Alice SLATER,
Appellant Cross-Appellee, v. John David SLATER, Appellee Cross-Appellant.
TEXT: COWART, Judge. The parties are the son and daughter and only heirs of their mother
Elizabeth...ther proceedings consistent with this opinion. REVERSED AND REMANDED. COBB and FRANK
D. UPCHURCH, JJ., concur. ------------ (FN3) See n. 1, supra.
459-CITE: 585 So.2d 324 CITY OF TARPON SPRINGS, a Florida Municipal Corporation, Appellant, v. TARPON
SPRINGS ARCADE LIMITED, f k a Southeast Capital Associates Four, Ltd., Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, City of Tarpon Springs, seeks reversal of a final
j...case. Otherwise, we do not pass upon the validity of ordinance 90-39 and its effect on the
validity of chapter 20-1. LEHAN and PARKER, JJ., concur.
460-CITE: 473 So.2d 306 Homer P. WALSER, Appellant, v. Rita J. WALSER, Appellee.
TEXT: OTT, Judge. Husband appeals from a final judgment of dissolution of marriage, contending
tha... the trial court to reconsider its award in light of this opinion. REVERSED and REMANDED with
directions. SCHEB, A.C.J., and CAMPBELL, J., concur.
461-CITE: 480 So.2d 231 Kenneth Wayne PASTORE, Appellant, v. Rebecca Joyce PASTORE, Appellee.
TEXT: MILLS, Judge. Kenneth, the husband, appeals from a final judgment of dissolution of
marriage...rm on this issue. Affirmed in part and reversed in part and remanded for action in
accordance with this decision. SHIVERS and ZEHMER, JJ., concur.
462-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.
463-CITE: 495 So.2d 773 Donald R. CLARK and Candace W. Clark, Petitioners, v. Homer R. HIETT,
Respondent.
TEXT: GRIMES, Acting Chief Judge. This is a petition for certiorari arising out of a
nonresidentia... We grant the petition for certiorari and direct that the circuit court affirm the
judgment of the county court. SCHEB and SCHOONOVER, JJ., concur.
464-CITE: 552 So.2d 252 Pamella HAAS, Appellant, v. Thomas HAAS, Appellee.
TEXT: DELL, Judge. Pamella Haas, appeals from the trial court s final judgment on modification
whi...ital property, and should there be a change of circumstances wherein Thomas Haas is seeking
contribution for improvements in accordance with Barrow.
465-CITE: 601 So.2d 1300 Richard W. OGDEN and Robert M. Larsen, Appellants, v. STATE of Florida
DEPARTMENT OF TRANSPORTATION, Appellee.
TEXT: GODERICH, Judge. The plaintiffs, Richard W. Ogden and Robert M. Larsen, appeal from a final
...asons, we find that the trial court properly entered a directed verdict in favor of DOT. The
judgment entered thereon is hereby affirmed. Affirmed.
466-CITE: 498 So.2d 989 Sharon Davidson DUGAN n k a Sharon Davidson Tanner, Appellant, v. Robert Carlton
DUGAN, Appellee.
TEXT: THOMPSON, Judge. The wife appeals an order entered subsequent to the entry of the final
judg...pects the order is reversed and the cause remanded to the lower court for further proceedings
consistent herewith. JOANOS and NIMMONS, JJ., concur.
467-CITE: 606 So.2d 380 INTERCONTINENTAL PROPERTIES, INC., Appellant, v. STATE of Florida DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES, and Coliseum Lanes, Inc., Appellees.
TEXT: COPE, Judge. Intercontinental Properties, Inc. appeals an order by the Florida Department
of...w is therefore Affirmed. ------------ (FN7) In this case the Department did obtain a letter
from Ms. Stewart clarifying her status with the project
468-CITE: 480 So.2d 1336 BENNETT M. LIFTER, INC., Appellant, v. Louis Coleman VARNADO, a minor, by and
through his mother and next friend Andrea VARNADO, and Andrea Varnado, individually, Appellees.
TEXT: FERGUSON, Judge. This appeal takes us again into the murky waters of proximate causation.
Th... it said in adopting and promulgating the instruction. None of the procedural issues raised as
grounds for a new trial require reversal. Affirmed.
469-CITE: 466 So.2d 203 Felicia M. TRONCONI, Petitioner, v. Francis Joseph TRONCONI, Respondent.
TEXT: EHRLICH, Justice. We review a decision of a district court affirming a property
distribution...ant question to be answered in this case is whether the trial court s order was
specifically justified; the majority fails to address that question.
470-CITE: 629 So.2d 181 Juanita Lee ZANAKIS and Michael Zanakis, Appellants, v. Sophie ZANAKIS,
Appellee.
TEXT: KLEIN, Judge. The trial court imposed a resulting trust on appellants real estate, and they
...n v. Phipps, 93 Fla. 805, 113 So. 419 (1927). We affirm the judgment in all respects. HERSEY,
J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
471-CITE: 717 So.2d 61 Hershel L. DAVIS; Olga B. Davis; Aaron Davis, as Curator of the Estate of Juanita
Davis, deceased, d b a Davis Monument Company; and DeLee Motley, as Curator of the Estate of Juanita
Davis, deceased, d b a Davis Monument Company, Appellants, v. STATE of Florida, DEPARTMENT OF
TRANSPORTATION, Appellee.
TEXT: CASANUEVA, Judge. The trial of this eminent domain action raised issues of greed, intrigue,
... error is a further ground for reversal. Accordingly, we reverse the final judgment and remand
for a new trial. BLUE, A.C.J., and WHATLEY, concur.
472-CITE: 601 So.2d 1310 CARTERET SAVINGS BANK, F.A., Appellant, v. Mayer L. WEINER, Linda S. Weiner and
Chaney Weiner, Appellees.
TEXT: DELL, Judge. Appellant, Carteret Savings Bank, F.A., contends the trial court erred when it
...nies borrowed by appellees, plus all interest due under the terms of the note and mortgage.
REVERSED and REMANDED. DOWNEY and HERSEY, JJ., concur.
473-CITE: 512 So.2d 1027 CARR SMITH & ASSOCIATES, INC., Appellant, v. FENCE MASTERS, INC., Donald C.
Ernst and C. Oliver Troutman, Donald O. McIntosh and Associates, Appellees.
TEXT: PER CURIAM. Florida Packaging Service, Inc. (Florida Packaging) entered into a contract
with...o determine whether supermarket owed a duty to plaintiff). Accordingly, the judgment under
review is Reversed and remanded for further proceedings.
474-CITE: 631 So.2d 327 Charles E. FORTNER, Appellant, v. Gera M. FORTNER, Appellee.
TEXT: ALTENBERND, Judge. Mr. Fortner appeals an award of attorney s fees to his former wife. She
i...fees under section 61.16 should not depend upon the courtroom in which the twine is unraveled.
Affirmed. DANAHY, A.C.J., and CAMPBELL, J., concur.
475-CITE: 624 So.2d 370 Patricia C. NASH, Appellant, v. Frank L. NASH, Appellee.
TEXT: PER CURIAM. The wife, Patricia C. Nash, appeals from an amended final judgment for
dissoluti...e and remand for a determination of the amount of attorney s fees to be awarded to the
wife. Affirmed, in part, and reversed in part, and remanded.
476-CITE: 442 So.2d 998 Jean L. ABBE, Appellant, v. Marnon F. ABBE, Appellee.
TEXT: CAMPBELL, Judge. Appellant wife, Jean L. Abbe, appeals from a final judgment which
dissolved... OF THE PROPERTY OF THE PARTIES? We, therefore, reverse and remand for treatment
consistent with this opinion. OTT, C.J., and HOBSON, J., concur.
477-CITE: 526 So.2d 95 Shelly Gay Brown SHEPHERD, Appellant, v. Patrick P. SHEPHERD, Appellee.
TEXT: GLICKSTEIN, Judge. The former wife appeals final judgment rendered in a marriage
dissolution...es and costs and remand with direction to redetermine same upon determination of
equitable distribution to the wife. DELL and GUNTHER, JJ., concur.
478-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.
479-CITE: 475 So.2d 1253 Drema H. MURPHY, Appellant, v. William J. MURPHY, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a final judgment dissolving the marriage of
appellant...viding for support and alimony is not an abuse of discretion. AFFIRMED. FRANK D.
UPCHURCH, Jr., J., concurs. SHARP, J., dissents without opinion.
480-CITE: 505 So.2d 606 Carolyn FAUST, Appellant, v. Frederic L. FAUST, Appellee.
TEXT: SMITH, Judge. The wife appeals a final judgment of dissolution, contending that the trial
co...nsideration and the disposition of the marital home, and we should remand to the trial judge to
review his entire judgment in light of these errors.
481-CITE: 588 So.2d 622 Marion MASON, a k a Marion R. Campbell, Appellant, v. Martina R. ROSER, as
Guardian of the Estate of John Lewis Reese, Appellee.
TEXT: MINER, Judge. In this appeal, appellant challenges a final judgment voiding a deed to a
cert...other points on appeal. REVERSED and REMANDED with instructions to sustain the validity of
the deed in question. ERVIN and WIGGINTON, JJ., concur.
482-CITE: 552 So.2d 248 Joseph G. CHIAFAIR, Appellant Cross-Appellee, v. Gisele H. CHIAFAIR, Appellee
Cross-Appellant.
TEXT: WIGGINTON, Judge. Appellant appeals and appellee cross-appeals the amended final judgment
of...tody, is necessary. Reversed in part and Remanded for further proceedings consistent with this
opinion. SHIVERS, C.J., and WENTWORTH, JJ., concur.
483-CITE: 703 So.2d 1136 GOODING S SUPERMARKETS, INC., Appellant Cross-Appellee, v. NET REALTY HOLDING
TRUST, a foreign corporation, Appellee Cross-Appellant.
TEXT: COBB, Judge. Gooding s Supermarkets, Inc., plaintiff below, appeals from a final judgment
in...ng party attorney s fees as per paragraph 31 of the lease. AFFIRMED IN PART; REVERSED IN PART
AND REMANDED. GRIFFIN, C.J., and HARRIS, J., concur.
484-CITE: 712 So.2d 1198 Sandra E. ARCHER, Appellant, v. Clyde W. ARCHER, Appellee.
TEXT: PETERSON, Judge. Sandra E. Archer, the former wife, appeals the final judgment of
dissolutio...pinion, may reconsider the overall equitable distribution scheme. REVERSED IN PART,
AFFIRMED IN PART, REMANDED. GOSHORN and THOMPSON, JJ., concur.
485-CITE: 704 So.2d 667 Robert G. CORNETTE, Appellant Cross-Appellee, v. Terry L. CORNETTE, n k a Terry
L. CHANDLER, Appellee Cross-Appellant.
TEXT: PATTERSON, Judge. Robert Cornette (the husband) appeals from the equitable distribution
aspe...ts reasoning in this respect. See Harreld v. Harreld, 682 So.2d 635 (Fla. 2d DCA 1996).
Reversed and remanded. PARKER, C.J., and BLUE, J., concur.
486-CITE: 585 So.2d 459 Robert B. BATTISTA, Appellant, v. Sara Duese Stevenson BATTISTA, Appellee.
TEXT: KAHN, Judge. The appellant former husband appeals from the trial court s order denying his
p..., however, that the losing party s attorney is not personally responsible if he has acted in
good faith, based on the representations of his client.
487-CITE: 700 So.2d 794 Gloria DAVIS f k a Gloria Skinner, Appellant, v. Thelma LYONS, Appellee.
TEXT: SHAHOOD, Judge. This case involves a partition action of certain real property held by
appel...ion, award attorney s fees to the prevailing party based on section 64.081, Florida
Statutes. REVERSED AND REMANDED. DELL and FARMER, JJ., concur.
488-CITE: 448 So.2d 62 Patrick F. SMITH, James T. Bernhardt and Joan M. Bernhardt, Appellants, v. WINN
DIXIE STORES, INC., Appellee.
TEXT: BASKIN, Judge. We have reviewed the Final Judgment entered by the Trial court in favor of
Th...pediment to the trial court s grant of relief from forfeiture under general equitable
principles. We therefore affirm the Final Judgment. Affirmed.
489-CITE: 639 So.2d 113 WHEELING DOLLAR BANK, etc., et al., Appellants, v. CITY OF DELRAY BEACH, Florida
and Samuel McGrew, et al., Appellees.
TEXT: KLEIN, Judge. We affirm the trial court s conclusion that appellants were barred by adverse
...arged with knowledge of their status and condition, and of the vicissitudes to which they are
subject. Affirmed. GUNTHER and FARMER, JJ., concur.
490-CITE: 522 So.2d 939 Robert SABIN, Paul Sabin and Phoenix Collection, Inc., Appellants, v. Stephen H.
BUTTER, Appellee.
TEXT: FERGUSON, Judge. This appeal is from a judgment establishing a $148,690.28 charging lien
for...home. (FN2) In the Final Judgment of Dissolution of Marriage the trial court found that the
parties agreed to list the former marital home for sale.
491-CITE: 438 So.2d 186 Barbara Fe NAVARRE, Appellant, v. George E Armond NAVARRE, Appellee.
TEXT: ROBERT P. SMITH, Jr., Judge. In an independent action filed some years after the parties
mar...judgment and REMAND the case for proceedings upon the claim and the defenses other than accord
and satisfaction. WENTWORTH and ZEHMER, JJ., concur.
492-CITE: 583 So.2d 390 Larry LEATHERWOOD, Appellant, v. Jodi SANDSTROM, f k a Jodi Leatherwood and
Amerifirst Bank, a Federal Savings Bank, Appellees.
TEXT: WARNER, Judge. This is an appeal from a final judgment of partition. The appellant makes
sev...hould reserve jurisdiction on this issue should attempts at a private sale fail. As to all
other issues, we affirm. ANSTEAD and STONE, JJ., concur.
493-CITE: 467 So.2d 404 Michael J. MICELI, as Trustee, Leroy G. Bailey, Benjamin S. Smith and Anne E.
Smith, Frank C. McDonald and Lauretta R. McDonald, Werner C. Helwig and Ruth M. Helwig, W.K. Backman
and Margaret L. Backman, Anthony Vaz and Ann Marie Vaz, Mill Chemicals Appellants Cross-Appellees,
v. GILMAC DEVELOPERS, INC., a Florida corporation, and a successor to Gulf Shore Corporation, a
dissolved corporation, W.W. Gilman and Malcolm MacPherson, Appellees Cross-Appellants.
TEXT: BENTLEY, E. RANDOLPH, Associate Judge. Appellants, who were plaintiffs below, appeal the
fin... judgments entered by the trial court and remand this case for proceedings consistent with
this opinion. SCHEB, A.C.J., and SCHOONOVER, J., concur.
494-CITE: 477 So.2d 638 Thomas R. VANDEGRIFT, Appellant Cross-Appellee, v. Mary P. VANDEGRIFT, Appellee
Cross-Appellant.
TEXT: COBB, Chief Judge. The appellant, Thomas R. Vandegrift, timely appeals a final judgment
diss...448 So.2d 1227 (Fla. 2d DCA 1984); Rutkin v. Rutkin, 345 So.2d 400 (Fla. 3d DCA 1977). (FN12)
Hottman v. Hottman, 418 So.2d 304 (Fla. 4th DCA 1982).
495-CITE: 516 So.2d 1008 Renee BUCKLEY, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,
District I, Escambia County AFDC and Medically Needy Unit, Appellee.
TEXT: ZEHMER, Judge. Renee Buckley appeals a final order issued by the Department of Health and
Re...Pond opinion that: By this holding we are not directing the Department to create eligibility. .
. . Id. at 1333. I would affirm the order appealed.
496-CITE: 568 So.2d 1281 REGAL MARBLE, INC., a Florida corporation, Irving Walder and David Sarkell,
Appellants, v. DREXEL INVESTMENTS, INC., a Florida corporation, a k a Drexel Properties, Inc., a
Florida corporation, Darby and Way, Inc., a Florida corporation, Josias and Goren, a Florida
partnership of attorneys, James A. Cherof, individually and as a partner of Josias and Goren,
Gregory Darby, individually, Joseph Kolb, individually, and Harry W. Thompson, individually,
Appellees.
TEXT: STONE, Judge. We affirm a summary judgment for the defendants in a tort action for fraud
and...83), rev. denied, 451 So.2d 848 (Fla.1984). Therefore, the final judgment is affirmed.
ANSTEAD, J., and OWEN, WILLIAM C., Associate Judge, concur.
497-CITE: 653 So.2d 474 Jacob Der HAGOPIAN, Jr., Appellant, v. In re Guardianship of Marie ZIMMER, Lois
M. Rosenzweig, Guardian of the Person and Property of Marie Zimmer, and George Elias, Jr., Attorney
Ad Litem for Marie Zimmer, Appellees.
TEXT: GREEN, Judge. This is an appeal from orders of the probate court which authorized
liquidatio...isposition of this issue makes it unnecessary to consider the other issues raised by
the guardian and the attorney ad litem. Reversed and remanded.
498-CITE: 652 So.2d 1261 JFR INVESTMENT, Appellant, v. DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, et
al., Appellees.
TEXT: PER CURIAM. We affirm an order authorizing Appellee to take possession of Appellant s real
p... actions. As to all other issues raised, we also find no error. Therefore, the order of taking
is affirmed. STONE, WARNER and FARMER, JJ., concur.
499-CITE: 555 So.2d 1309 Earl Edward HOFFAY, Jr., Appellant, v. Rose Mary HOFFAY, Appellee.
TEXT: MINER, Judge. The former husband appeals from a final judgment of dissolution challenging
th... the principal balance on the first mortgage as of September 26, 1983, is subtracted from the
total purchase price. [52,900 - 24,229.23 = 28,670.77]
500-CITE: 494 So.2d 514 Kathleen W. STRICKLAND, Appellant, v. Aubrey Eugene STRICKLAND, Appellee.
TEXT: STONE, Judge. The wife appeals an award of a special equity in each of two properties to
the...vent, the wife s interest in such property is, at a minimum, equal to that of the husband.
REVERSE AND REMAND. GLICKSTEIN and WALDEN, JJ., concur.
501-CITE: 557 So.2d 124 Gayle S. BENZ, etc., Appellant, v. Jeffrey P. BENZ, etc., Appellee.
TEXT: LEVY, Judge. By this appeal the former wife challenges those portions of an Amended Final
Ju...dgment is not supported by competent evidence and must, therefore, be reversed. Affirmed in
part, reversed in part, and remanded with instructions.
502-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.
503-CITE: 509 So.2d 1306 Sharon Williams BRADSHAW, Appellant, v. STATE of Florida, Appellee.
TEXT: SMITH, Chief Judge. Appellant appeals her convictions for possession of cocaine with intent
...nd Muwwakil v. State, 435 So.2d 304, 305 (Fla. 3d DCA 1983), pet. for rev. den., 444 So.2d 417
(Fla.1984). AFFIRMED. ERVIN and BOOTH, JJ., concur.
504-CITE: 632 So.2d 611 Jeffrey W. MARTIN and Dorothy E. MARTIN, Appellants, v. Michael PAUNOVICH and
Elisabeth Paunovich, his wife, Appellees.
TEXT: PER CURIAM. AFFIRMED. GOSHORN and DIAMANTIS, JJ., concur. GRIFFIN, J., dissents, with
opin..., has done some allocation, and will do further allocation, any ruling by the trial judge
that allocation is impossible has to be clearly erroneous.
505-CITE: 596 So.2d 119 SUNCHASE APARTMENTS, a Wisconsin general partnership, and Jeffrey Keierleber, as
general partner of Sunchase Apartments, Appellants, v. SUNBELT SERVICE CORPORATION, a Texas
corporation, Appellee.
TEXT: WEBSTER, Judge. Appellants, defendants below, seek review of a summary final judgment
entere...defense; and that, to the extent that the borrowers claims were based upon agreements not
reflected in appellee s records, those claims were barred.
506-CITE: 532 So.2d 92 Maher MARROUCHE, Appellant, v. Casey HOMASEY, Appellee.
TEXT: DOWNEY, Judge. Appellant, Marrouche, and appellee, Homasey, purchased a condominium for
$160...property and proceed once again to a proper public *95 sale and such other proceedings as the
court finds proper. GLICKSTEIN and DELL, JJ., concur.
507-CITE: 449 So.2d 909 Nury AGUDO, Appellant, v. Marcelo M. AGUDO, Appellee.
TEXT: BARKDULL, Judge. Following the opinion and decision reported as Agudo v. Agudo, 411 So.2d
24...l and cross-appeal 83-924 be and the same are hereby affirmed and the ruling complained of in
83-1427 be and the same is hereby affirmed. Affirmed.
508-CITE: 475 So.2d 206 Jean L. ABBE, Petitioner, v. Marnon F. ABBE, Respondent.
TEXT: ADKINS, Justice. The Second District Court of Appeal, adhering to its prior precedents,
held... court for proceedings consistent with this opinion. It is so ordered. BOYD, C.J., and
OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.
509-CITE: 480 So.2d 131 GREENBRIAR CONDOMINIUM APARTMENTS II ASSOCIATION, INC., Greenbriar Condominium
Apartments III Association, Inc., Imperial Park Apartments II, Inc., Greenbriar Condominium
Apartments I Association, Inc., Bay Palms Condominium Association, Inc., Imperial Court Condominium
Association I, Inc., Imperial Court Condominium Association II, Inc., Imperial Court Condominium
Association III, Inc., Imperial Court Condominium Association IV, Inc., Imperial Court Condominium
Association V, Inc., Imperial Park Condominium Association, Inc., and Imperial Park Apartments One,
Inc., Appellants, v. Carl E. KOCH, Paula Koch, John Joseph Koch, and Carolyn Baumberger, Appellees.
TEXT: LEHAN, Judge. Ten condominium associations and two cooperative associations filed suit for
a...important to him. . . . [F]raud claims on separate contracts are inherently diverse. . . . )
Affirmed. DANANY, A.C.J., and SCHOONOVER, J., concur.
510-CITE: 583 So.2d 667 Mary Jo KELLY, Petitioner, v. William KELLY, Respondent.
TEXT: McDONALD, Justice. We review Kelly v. Kelly, 568 So.2d 70 (Fla. 2d DCA 1990), because of
con... for maintenance and repairs, none of which was reimbursed by the husband. I would give her
credit for one-half of said sums. OVERTON, J., concurs.
511-CITE: 445 So.2d 1071 SEMINOLE-ON-THE-GREEN, Cavalier Building One Association, Inc., a nonprofit
Florida corporation, Seminole-On-The-Green, Villas Unit No. Two South Association, Inc., a nonprofit
Florida corporation, Seminole-On-The-Green, Villas Unit No. Four South Association, Inc., a
nonprofit Florida corporation, Seminole-On-The-Green, Villas Unit No. Two North Association, Inc., a
nonprofit Florida corporation, and Seminole-On-The-Green, Villas Unit No. Three South Association,
Inc., a nonprofit Florida corporation, Appellants, v. Jack KELLY, individually, and as Trustee of
Seminole-On-The-Green Management, Inc., a dissolved Florida corporation, Appellee.
TEXT: OTT, Chief Judge. The main issue presented in this appeal is whether a certain rent
escalati...or $36.00 each. Admittedly, neither the record in our case nor the Steinhardt opinion
refers to the facilities or benefits enjoyed under the leases.
512-CITE: 680 So.2d 588 James E. LAMBERT, Germain Seguin, Madeleine Seguin, Ray Griffin and L.E.
Olmstead, Jr. & Associates, Inc., Appellants Cross-appellees, v. The BERKLEY SOUTH CONDOMINIUM
ASSOCIATION, INC., a Florida not-for-profit corporation, Appellee Cross-appellant, and Hugh
Robinson, Mario Aispuro, Leo Senesi, Mark Hariton, Esther Leibman, Mitchell Silver, Laurence Hecht,
George Preste, and Leon Alaluf, Appellees.
TEXT: GUNTHER, Chief Judge. Appellant, James Lambert, appeals from the trial court s award of
dama... to be without merit, we affirm the trial court s order in all other respects. AFFIRMED IN
PART; REVERSED IN PART. STONE and SHAHOOD, JJ., concur.
513-CITE: 559 So.2d 1204 Mary Edith Mitchell PFAFFKO, Appellant, v. Arthur Gustave William PFAFFKO,
Appellee.
TEXT: LEHAN, Acting Chief Judge. We affirm the final judgment of dissolution of marriage from
whic.... See Miller v. Miller, 342 So.2d 85, 86 (Fla. 1st DCA 1976), cert. denied, 354 So.2d 983
(Fla.1977). Affirmed. FRANK and THREADGILL, JJ., concur.
514-CITE: 653 So.2d 472 Manuel LOPEZ, individually and as Personal Representative of the Estate of Ramon
Paredes, Deceased and Concepcion Lopez, Appellants, v. Teresa PAREDES and Daniel A. Wick, Attorney
Ad Litem of the Estate of Ramon Paredes, Deceased, Appellees.
TEXT: GREEN, Judge. Appellants appeal a non-final order which they contend is tantamount to
tempor...eek Village Townhouse Ass n, Inc. v. Cutler Creek Village Condominium Ass n, Inc., 584
So.2d 103, 103-04 (Fla. 3d DCA 1991). Reversed and remanded.
515-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.
516-CITE: 570 So.2d 1338 Alina PORTUONDO, Appellant, v. Juan M. PORTUONDO, Appellee.
TEXT: PER CURIAM. Alina Portuondo [the wife] appeals a final judgment dissolving her marriage to
J...nner, 439 So.2d 887 (Fla.1983); Henning v. Henning, 507 So.2d 164, 165 (Fla. 3d DCA 1987). In
all other respects the motion for rehearing is denied.
517-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.
518-CITE: 581 So.2d 904 Leon MYERS and Marion Myers, husband and wife, Appellants, v. Mary Elizabeth
MILLER and Paula Louise Kavanaugh, as Trustees of the William Cantwell Miller Trust, Appellees.
Ernest MARSHALL and Muriel Marshall, husband and wife, Appellants, v. Mary Elizabeth MILLER and
Paula Louise Kavanaugh, as Trustees of the William Cantwell Miller Trust, Appellees. Edward F. PRYZE
and Eleanor Pryze, husband and wife, Appellants, v. Mary Elizabeth MILLER and Paula Louise
Kavanaugh, as Trustees of the William Cantwell Miller Trust, Appellees. Mary E. POTTER, Appellant,
v. Mary Elizabeth MILLER and Paula Louise Kavanaugh, as Trustees of the William Cantwell Miller
Trust, Appellees. Elizabeth ASEL, Appellant, v. Mary Elizabeth MILLER and Paula Louise Kavanaugh, as
Trustees of the William Cantwell Miller Trust, Appellees.
TEXT: PER CURIAM. Leon and Marion Myers, Ernest and Muriel Marshall, Edward and Eleanor Pryze,
Mar...claims and for further proceedings consistent with this opinion. Reversed and remanded with
directions. RYDER, A.C.J., and THREADGILL, J., concur.
519-CITE: 536 So.2d 353 Dewey Steven CREWS, Appellant, v. June Carol CREWS, Appellee.
TEXT: SHIVERS, Judge. The husband appeals a final judgment dissolving marriage which denies
certai...light of a determination of the extent of the husband s special equities. AFFIRMED in part
and REVERSED in part. MILLS and WENTWORTH, JJ., concur.
520-CITE: 490 So.2d 956 Robert E. ELLIOTT and Linda J. Elliott, Appellants, v. Richard E. KRAUSE and
Margaret Mackin, Appellees.
TEXT: UPCHURCH, Judge. Robert and Linda Elliott appeal an order in probate determining the right
t...788 (Fla. 2d DCA 1983); In Re Rogers Estate, 180 So.2d 167 (Fla. 2d DCA 1965). (FN4) 22
Fla.Jur.2d Section 79 Estates, Powers and Restraints (1980).
521-CITE: 444 So.2d 431 CRAIG R. WEINER ASSOCIATES, INC., Appellant, v. Arthur F. SHERDEN, et al.,
Appellees.
TEXT: ANSTEAD, Chief Judge. This is an appeal from a final summary judgment finding that
appellant...rm the lower court s holding that the letter is insufficient to satisfy the requirements
of the Statute of Frauds. BERANEK and HURLEY, JJ., concur.
522-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.
523-CITE: 454 So.2d 663 Wayne and Vivian SMITH, Appellants, v. L.J. Lu HINDERY, Appellee.
TEXT: CORRECTED OPINION MILLS, Judge. Wayne and Vivian Smith, husband and wife, appeal from an
or... Pinellas County, 423 So.2d 578 (Fla. 2d DCA 1982). On the same principle, this Court will
follow the more recent precedent in In Re Lincoln, supra.
524-CITE: 553 So.2d 774 Michael A. STEINFELD, Appellant, v. Marcia L. STEINFELD, Appellee.
TEXT: GUNTHER, Judge. We reverse the trial court s post-judgment order directing the parties to
eq...nt of the final judgment, and was correct in ordering that the checks be equally divided
between the former husband and former wife. I would affirm.
525-CITE: 442 So.2d 1009 Dorothea Margaret DELEHANT, Appellant Cross Appellee, v. Lauren Moore DELEHANT,
Appellee Cross Appellant.
TEXT: WALDEN, Judge. This is an uncommonly difficult dissolution of marriage action. The record
re... benefit of the security of the marital home while pursuing his remaining chance at higher
education with what is left of this family s wherewithal.
526-CITE: 743 So.2d 169 DEPARTMENT OF REVENUE, State of Florida, Appellant, v. David M. RACE and Karen
Martin Race, etc., Appellees.
TEXT: ON RACE S MOTION TO AMEND AND CLARIFY AND APPELLANT S MOTION FOR REHEARING AND
CLARIFICATIO...ly to correct a clerical error for which only the minimum taxes were required. Rule
12B-4.014(3). AFFIRMED. ANTOON, C.J., and GRIFFIN, J., concur.
527-CITE: 445 So.2d 1116 Yone VALERO, Appellant, v. TRI-CITY TITLE COMPANY, a Florida corporation,
Appellee.
TEXT: HOBSON, Acting Chief Judge. Appellant, plaintiff below, seeks reversal of that portion of
th...reestablish the escrow account containing the initial sum of $27,916.98, together with $1,400
interest. REVERSED. RYDER and CAMPBELL, JJ., concur.
528-CITE: 504 So.2d 1301 HOBE ASSOCIATES, LTD., a Florida limited partnership, Appellant, v. STATE of
Florida, DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE
HOMES, Appellee.
TEXT: JOANOS, Judge. In this administrative appeal, Hobe Associates, LTD. (Hobe), a mobile home
pa... Mobile Homes between October 1, 1984, and July 1, 1986, shall not be allowed to recover said
lost income twice by the provisions of such section.
529-CITE: 515 So.2d 1302 Cyrilla Ann HARRELL, Appellant, v. John W. HARRELL, Appellee.
TEXT: HENDRY, Judge. Cyrilla Ann Harrell appeals from a post dissolution, post partition sale,
ord...s opinion which directs such credits to be applied to the balance due of the total amount
awarded. Affirmed in part, reversed in part and remanded.
530-CITE: 452 So.2d 35 FIRST AMERICAN TITLE INSURANCE COMPANY, Appellant, v. Harold KESSLER, Appellee.
TEXT: DANIEL S. PEARSON, Judge. Convinced that the record reveals genuine issues of material
fact,..., 366 So.2d 123, and thus, Kessler s recovery could not be barred, even if Friedman s could
be, see Hedtcke v. Sentry Insurance Co., 326 N.W.2d 727.
531-CITE: 616 So.2d 527 Jesse SNELLGROVE, d b a Sunbrella House of Real Estate, Appellant, v. N.F.
FOGAZZI, a k a Frank Fogazzi, as trustee and individually, and Erika Fogazzi, Appellees.
TEXT: PER CURIAM. Appellant filed suit to set aside an allegedly fraudulent transfer by Appellee.
.... City Nat. Bank of Miami, 548 So.2d 701 (Fla. 3d DCA 1989). Reversed and remanded for further
proceedings. STONE, WARNER and FARMER, JJ., concur.
532-CITE: 705 So.2d 120 GREATER ORLANDO AVIATION AUTHORITY, Appellant Cross-Appellee, v. BULLDOG
AIRLINES, INC., Appellee Cross-Appellant.
TEXT: PETERSON, Judge. Greater Orlando Aviation Authority ( GOAA ) appeals a final judgment
entere...chose not to join it as a party to this litigation. The final judgment entered against
GOAA is reversed. REVERSED. COBB and GOSHORN, JJ., concur.
533-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.
534-CITE: 464 So.2d 674 Travis Eugen WHIGHAM, Appellant, v. Bonnie Marie WHIGHAM, Appellee.
TEXT: COWART, Judge. This case involves a defective service of process and a void judgment. In
19...nants in common as to that property. The order denying the husband relief from the void
judgment is REVERSED. COBB, C.J., and DAUKSCH, J., concur.
535-CITE: 469 So.2d 852 Samuel RODGERS and Delores Rodgers, Appellants, v. MIAMI DOLPHINS, LTD.,
Appellee.
TEXT: PER CURIAM. Affirmed. *853 HENDRY, Judge, dissents. I respectfully dissent. Mr. and Mrs.
R...under the lessor s exclusive control, are not present here as the lessee s warning in Federated
Department Stores would not have prevented the harm.
536-CITE: 591 So.2d 653 Eugene R. CELANO and wife, Rebecca CELANO, Appellants, v. Thomas DLABAL, Lee D.
Ettinger, William E. Haik, William R. Marshall, Michael R. McCoy, and Fonsby DeCroos, Appellees.
TEXT: PER CURIAM. In this dispute, the appellants sought a declaratory judgment to confirm their
o... prevail on their claims for ejectment and damages. Accordingly, the final judgment is REVERSED
and REMANDED. ERVIN, ZEHMER and MINER, JJ., concur.
537-CITE: 436 So.2d 1099 Theodore J. DeLISI, Sr., et al., Petitioners, v. BANKERS INSURANCE COMPANY, a
Florida corporation, Respondent.
TEXT: HURLEY, Judge. The petitioner invoked his Fifth Amendment privilege against
self-incriminati...y, we issue the writ, quash the order on sanctions and remand for further
proceedings consistent with this opinion. DOWNEY and WALDEN, JJ., concur.
538-CITE: 584 So.2d 187 Debra GIACULLI, etc., Appellant, v. Ivory BRIGHT, et al., Appellees.
TEXT: W. SHARP, Judge. Debra Giaculli, individually and as next friend of her son, Nicholas,
appea...lowed foreign substance to remain on its steps for six hours). REVERSED and REMANDED.
GRIFFIN, J., concurs. COWART, J., dissents without opinion.
539-CITE: 741 So.2d 1251 James D. CRANE and Barbara Crane, his wife, v. Frederick MARTIN, Trustee,
Appellee.
TEXT: ERVIN, J. Appellants, James and Barbara Crane, appeal from a final declaratory judgment
upho... 1. There was no evidence below *1254 that the clerk of the court failed to comply with
section 197.522(1). AFFIRMED. MINER and KAHN, JJ., CONCUR.
540-CITE: 453 So.2d 897 Herbert M. GELFAND, as Operating General Partner of De Anza Properties-X, a
California Limited Partnership, Appellant Cross Appellee, v. MORTGAGE INVESTORS OF WASHINGTON, a
Maryland Business Trust, Appellee Cross Appellant.
TEXT: PER CURIAM. This controversy arose as the result of the sale of a mobile home park known as
...efore remanded for further proceedings consistent herewith. AFFIRMED IN PART; REVERSED IN PART;
REMANDED. DOWNEY, HERSEY and BARKETT, JJ., concur.
541-CITE: 454 So.2d 797 Patricia J. JOHNSON, Appellant, v. Jerome A. JOHNSON, Appellee.
TEXT: HURLEY, Judge. The wife, Patricia J. Johnson, appeals from a final judgment of dissolution.
...espects the judgment on appeal is affirmed. AFFIRMED IN PART; REVERSED IN PART. ANSTEAD, C.J.,
and GREEN, OLIVER L., Jr., Associate Judge, concur.
542-CITE: 471 So.2d 93 James A. DEVLIN, et al., Appellants, v. THE PHOENIX, INC., Appellee.
TEXT: COWART, Judge. The original lessee leased from an original owner-lessor (Mr. Murcia) a unit
...to maintain and make repairs to the leased building. Because this point was not presented below
or on appeal we make no decision with respect to it.
543-CITE: 585 So.2d 367 Lazara IBER, Appellant, v. R.P.A. INTERNATIONAL CORPORATION, Appellee.
TEXT: SCHWARTZ, Chief Judge. Ms. Iber grew tired of waiting for a bus in the hot Miami sun and
dec...also Stewart v. Texas Co., 67 So.2d 653 (1953) (person at gas station to change bill licensee;
case decided before adoption of public invitee test).
544-CITE: 440 So.2d 584 In re ESTATE OF Samuel J. MELISI, Deceased.
TEXT: DOWNEY, Judge. The critical question involved herein is whether the real property in
controv...d to determine whether Samuel J. Melisi had the status of the head of a family at the time
of his death. DOWNEY, LETTS and GLICKSTEIN, JJ., concur.
545-CITE: 541 So.2d 1153 Goldie SOBELMAN, Petitioner, v. Alan SOBELMAN, Respondent.
TEXT: KOGAN, Justice. We have for review an opinion of the Second District Court of Appeal in
Sobe...pport scheme, I concur. ------------ (FN*) Of course, the trial court may also order that an
existing life insurance policy be used in this fashion.
546-CITE: 608 So.2d 15 CITY OF OCALA, etc., Petitioner, v. O.J. NYE, et al., Respondents.
TEXT: PER CURIAM. We have for review Nye v. City of Ocala, 559 So.2d 360 (Fla. 5th DCA 1990), in
w...m the trial court s judgment. It is so ordered. BARKETT, C.J., and OVERTON, McDONALD, SHAW,
GRIMES and HARDING, JJ., concur. KOGAN, J., dissents.
547-CITE: 473 So.2d 768 CONCH COVE INCORPORATED, Appellant Cross Appellee, v. The HARTFORD ACCIDENT AND
INDEMNITY COMPANY, Appellee Cross Appellant.
TEXT: DELL, Judge. Hartford Accident and Indemnity Co., appellee, brought a subrogation action
aga...yed in the lease now before us. However, I must confess the distinctions are not compelling.
Thus I see no alternative but to concur--under protest.
548-CITE: 746 So.2d 480 PARK AVENUE BBQ & GRILLE OF WELLINGTON, INC., Appellant, v. COACHES CORNER,
INC., Appellee.
TEXT: WEINSTEIN, PETER M., Associate Judge. Market Wellington, Inc., Park Avenue BBQ & Grille,
Reg...oregoing, we determine that the trial court s imposition of the injunction against Park Avenue
should be affirmed. GUNTHER, and POLEN, JJ., concur.
549-CITE: 620 So.2d 212 Ralph SPIVEY, Appellant, v. Edward L. TRADER, Appellee.
TEXT: PER CURIAM. The appellant, Ralph Spivey, is appealing a final summary judgment holding that
... POLEN, JJ., concur. ------------ (FN1) There is evidence in the record that Spivey s business
had several hundred thousand dollars of other assets.
550-CITE: 478 So.2d 95 HELGA SKIN THERAPY, INC., Helga Spiessl, individually, and Ludwig Spiessl,
individually, Appellants, v. DEAD RIVER PROPERTIES, INC., a foreign corporation, Appellee.
TEXT: SCHEB, Judge. Helga Skin Therapy, Inc., Helga Spiessl, and Ludwig Spiessl (Helga) appeal
fro...ages raised in counts III and IV and the defenses and counterclaim are not before us on this
appeal. Affirmed. RYDER, C.J. and DANAHY, J., concur.
551-CITE: 479 So.2d 794 Ronald POMERANTZ and Bonnie Pomerantz, Appellants, v. WOODLANDS SECTION 8
ASSOCIATION, INC., Appellee.
TEXT: ANSTEAD, Judge. This is an appeal from a final judgment entered in favor of the Woodlands
As...o merit to the other issues raised by appellants. Accordingly, we affirm the judgment of the
trial court. HERSEY, C.J., and GLICKSTEIN, J., concur.
552-CITE: 580 So.2d 178 Evie T. PARKER, f k a Evie T. Nix, Appellant, v. William NIX, Jr., Appellee.
TEXT: WENTWORTH, Senior Judge. This is an appeal from a final judgment for appellee Nix on his
com... The final judgment is therefore reversed and this cause is remanded to the trial court for
further proceedings. SMITH and WIGGINTON, JJ., concur.
553-CITE: 528 So.2d 1313 Hyun LEE and Oh Hi Lee, his wife, Appellants, v. Su Shin CHUNG and Yang Soon
Chung, Appellees.
TEXT: PARKER, Judge. The Lees seek review of a nonfinal order which vacated a final judgment,
prev...that the trial court reinstate the September 2, 1987 judgment. Reversed and remanded with
instructions. SCHEB, A.C.J., and SCHOONOVER, J., concur.
554-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.
555-CITE: 495 So.2d 797 Charles R. REYHER, Appellant, v. Ruth Ann REYHER, Appellee.
TEXT: RYDER, Judge. Ruth Ann Reyher filed a petition for dissolution of marriage with Charles
Reyh...rsed and remanded with instructions. SCHEB, A.C.J. and SANDERLIN, J., concur. ------------
(FN1) Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980).
556-CITE: 736 So.2d 754 TOYOTA TSUSHO AMERICA, INC., Petitioner, v. Earl M. CRITTENDEN and A.E. Langley,
Respondents.
TEXT: ANTOON, C.J. Toyota Tsusho America, Inc. (Toyota), seeks certiorari review of the trial
cour...l requirements of law in directing Toyota to withdraw the Tennessee action. CERTIORARI
GRANTED; ORDER QUASHED. W. SHARP, and GRIFFIN, JJ., concur.
557-CITE: 647 So.2d 308 DEPARTMENT OF TRANSPORTATION, State of Florida, Appellant, v. Joost P.
ZYDERVELD, Trustee, Appellee.
TEXT: THOMPSON, Judge. The Department of Transportation ( DOT ) appeals the granting of a motion
f...proper amount of compensation due. Both DOT and Zyderveld are entitled to a new trial, and I
therefore concur in the result reached by the majority.
558-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.
559-CITE: 588 So.2d 64 A. HARRISON, a minor child, and L. Harrison, her natural mother and guardian,
Appellants, v. HOUSING RESOURCES MANAGEMENT, INC., a D.C. corporation, registered to do business in
Florida, Appellee.
TEXT: ALLEN, Judge. In this premises liability case, the appellants, L. Harrison and A. Harrison,
...nying the appellants motion for new trial is reversed and this case is remanded for a new trial
on all issues. JOANOS, C.J., and BOOTH, J., concur.
560-CITE: 647 So.2d 874 RSR INVESTMENTS, INC. and Native Investments, Inc., Appellants, v. BARNETT BANK
OF PINELLAS COUNTY; Sarah J. Lee; John S. Lee; Ted P. Wittner; Richard A. Leandri; Francis C.
Leandri; Bahia Del Mar Condominium Association No. 3 of St. Petersburg, Inc., a Florida not for
profit corporation, John Doe and Jane Doe, unknown spouses or tenants, Appellees
TEXT: HALL, Judge. The appellee, Barnett Bank of Pinellas County, was the owner and holder of a
fi...nvestments, Inc. conducted themselves inappropriately at the judicial sale. Accordingly, I
would reverse the order setting aside the judicial sale.
561-CITE: 675 So.2d 626 CITY OF ST. PETERSBURG, Florida, Appellant, v. William A. BOWEN, as Trustee of
the William A. Bowen Trust Agreement, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, City of St. Petersburg, Florida (City), challenges
...n will be fixed has not yet been determined. The parties may, by motion, present this issue to
the Court. Affirmed. FRANK and BLUE, JJ., concur.
562-CITE: 452 So.2d 981 Patricia H. GARDNER, Appellant, v. Winston W. GARDNER, Appellee.
TEXT: SHARP, Judge. Patricia Gardner argues the trial court erred in its judgment of dissolution
b...--------- (FN6) See Neumann v. Neumann, 413 So.2d 1203 (Fla. 3d DCA 1982); Schwartz v. Schwartz,
396 So.2d 806 (Fla. 3d DCA 1981); Rosen; Hessinger.
563-CITE: 505 So.2d 602 Jack L. BARRS, Appellant, v. Beverly B. BARRS, Appellee.
TEXT: ZEHMER, Judge. The former husband appeals a final judgment of dissolution of marriage. The
i...onclude that no reasonable person would take the view adopted by the trial court. ------------
(FN5) Cf. Hoffman v. Jones, 280 So.2d 431 (Fla.1973).
564-CITE: 719 So.2d 999 Gerard BURNS and Marie Burns, Appellants, v. BANKAMERICA NATIONAL TRUST COMPANY,
etc., et al, Appellees.
TEXT: THOMPSON, Judge. Gerard and Marie Burns appeal a nonfinal order denying their motion to
vaca...Florida, Inc. v. Tiffany Square Investors Ltd. Partnership, 605 So.2d 116 (Fla. 5th DCA
1992); Riley v. Grissett, 556 So.2d 473 (Fla. 1st DCA 1990).
565-CITE: 448 So.2d 1143 BEACHWOOD VILLAS CONDOMINIUM, Appellant, v. Earl S. POOR and Iris E. Poor, his
wife, and Sanford I. Kartzman and Francine L. Kartzman, his wife, Appellees.
TEXT: HURLEY, Judge. At issue is the validity of two rules enacted by a condominium board of
direc...1) that is what the Declaration required; and (2) the By-Laws fall if they conflict with the
Declaration. It is hard to quarrel with his conclusion.
566-CITE: 624 So.2d 1146 James F. RAY, Appellant Cross-Appellee, v. Lynda Y. RAY, Appellee
Cross-Appellant.
TEXT: ERVIN, Judge. In this appeal from a final judgment of dissolution of marriage, appellant
cro..., 980 (Fla. 1st DCA 1990). AFFIRMED in part, REVERSED in part, and REMANDED for further
proceedings. MINER, J., and SHIVERS, Senior Judge, concur.
567-CITE: 466 So.2d 274 Franco PEZZIMENTI and Molly Musca, Appellants, v. L.R. CIROU and Doris L. Cirou,
Appellees.
TEXT: CAMPBELL, Judge. Appellant, Molly Musca, seeks review of the final judgment of foreclosure
o...ed in part, reversed in part and remanded for entry of an award of attorney s fees in accord
with this opinion. OTT, A.C.J., and FRANK, J., concur.
568-CITE: 742 So.2d 468 SASSO AIR CONDITIONING, INC., Appellant, v. UNITED COMPANIES LENDING
CORPORATION, et al., Appellees.
TEXT: WARNER, C.J. The trial court granted summary judgment in favor of a mortgagee and against a
...United on both claims and direct that summary judgment be entered in favor of Sasso. STEVENSON,
J., and CONNER, BURTON C., Associate Judge, concur.
569-CITE: 528 So.2d 947 Susan W. SHARPE, Appellant, v. Eugene T. CALABRESE, et al., Appellees.
TEXT: PER CURIAM. A marriage dissolution action between a wife, appellant Susan W. Sharpe, and a
h...judgment creditor. REVERSED and REMANDED. SHARP, C.J., and COWART, J., concur. DAUKSCH, J.,
concurs specially in conclusion only without opinion.
570-CITE: 648 So.2d 680 THE FLORIDA BAR, Petitioner, v. H. Eugene JOHNSON, Respondent.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar and the referee s report
reg...d on behalf of The Florida Bar upon submission. It is so ordered. GRIMES, C.J., and OVERTON,
SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
571-CITE: 505 So.2d 456 FRIENDSHIP PARK PROPERTY CORPORATION, Appellant, v. Alma Willis SHAW, as trustee
of the Testamentary Trust of Howard W. Shaw, Appellee.
TEXT: THOMPSON, Judge. This is an appeal from a final judgment denying the plaintiff below the
equ...e. There being no reversible abuse of discretion, *459 the judgment appealed is AFFIRMED.
JOANOS, J. and THOMAS D. OAKLEY, Associate Judge, concur.
572-CITE: 498 So.2d 955 Virginia ROBBINS, Appellant, v. Joan HUNYADY, W. Paul Robbins, Susan Babjack,
John Robbins, Christine Robbins, Daniel Robbins, Margaret Rivers, Michael Robbins, Anne Rice, Bonnie
Kraus, Norman Johnston and Marlene Platz, Appellees.
TEXT: GRIMES, Acting Chief Judge. This appeal involves the interpretation of a declaration of
trus...urse, the provisions of the declaration continue to control the disposition of the assets of
Trust A. Reversed. SCHOONOVER and FRANK, JJ., concur.
573-CITE: 447 So.2d 445 P.P.M., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: HOBSON, Acting Chief Judge. P.P.M., a juvenile, appeals an order of the lower court
adjudica...he second degree, which constitutes a felony of the second degree, punishable as
provided in Section 775.082, Section 775.083, or Section 775.084.
574-CITE: 704 So.2d 130 BENTON INVESTMENT COMPANY, INC. and ISC Realty Corporation as General Partners
of Marketplace Income Properties, a North Carolina Limited Partnership, Appellants, v. WAL-MART
STORES, INC., Appellee.
TEXT: VAN NORTWICK, Judge. Marketplace Income Properties appeals a final summary judgment entered
... proximately caused injury to Ridenour. REVERSED and REMANDED for further proceedings consistent
with this opinion. BOOTH and JOANOS, JJ., concur.
575-CITE: 554 So.2d 600 Cecil E. KING, Jr., Appellant, v. ESTATE OF Cecil E. King, Sr., J.T. Williams,
Jr., Co-Personal Representative, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of a declaratory judgment order by which it was
det...in nature does not defeat the co-tenant s rights. Note, Survivorship Rights in Joint
Accounts, 24 U.Fla.L.Rev. 476, 495 (1972) (footnotes omitted).
576-CITE: 693 So.2d 945 Lizzie HARRIS, et al., Petitioners, v. Dale WILSON, et al., etc., Respondents.
TEXT: OVERTON, Justice. We have for review Harris v. Wilson, 656 So.2d 512 (Fla. 1st DCA 1995),
in... for special benefits, up to the assessed valuation of five thousand dollars, upon
establishment of right thereto in the manner prescribed by law.
577-CITE: 430 So.2d 472 OCEAN S EDGE DEVELOPMENT CORP., a Florida corporation, Appellant, v. TOWN OF
JUNO BEACH, a Florida municipal corporation, Appellee.
TEXT: GLICKSTEIN, Judge. This is an appeal from an order, in the nature of a final judgment,
dismi...d for this development by the town s ordinances; and the notion of concealment just clouded
the true legal issues. ANSTEAD and HURLEY, JJ., concur.
578-CITE: 658 So.2d 1119 The GREEN COMPANIES, INC. Appellant, v. KENDALL RACQUETBALL INVESTMENT, LTD.,
and Scandinavian Health & Fitness Centers, Inc., Appellees.
TEXT: PER CURIAM. Appellant, The Green Companies, Inc. ( Green ) appeals from a final order
granti...he appeal in Green II. ------------ (FN5) The court explicitly told Eastern to raise the
issue when the case went back to the trial court on remand.
579-CITE: 589 So.2d 255 FLORIDA NATIONAL BANK OF MIAMI, etc., et al., Petitioners, v. BANKATLANTIC,
etc., Respondent.
TEXT: We have for review Florida National Bank v. Bankatlantic, 557 So.2d 596 (Fla. 4th DCA 1990),
...ence such as this is sufficient to prove an intentional default, the exception will swallow the
rule. I respectfully dissent. SHAW, C.J., concurs.
580-CITE: 541 So.2d 155 FIRST FLORIDA BANK, N.A., f k a First National Bank of Florida, Appellant, v.
MAX MITCHELL & COMPANY, P.A., and Max W. Mitchell, Appellees.
TEXT: HALL, Judge. The appellant, First Florida Bank, appeals a summary judgment granted the
appel...REPARING THE FINANCIAL STATEMENTS, DESPITE A LACK OF PRIVITY BETWEEN THE ACCOUNTANT AND THE
THIRD PARTY? LEHAN, A.C.J., and PATTERSON, J., concur.
581-CITE: 625 So.2d 1219 Mark H. DEMARS, Appellant, v. VILLAGE OF SANDALWOOD LAKES HOMEOWNERS
ASSOCIATION, INC. and Gaetan J. Gagne, Inc., Appellees.
TEXT: ON MOTIONS FOR REHEARING WARNER, Judge. On motion for rehearing we allowed the Real
Propert...being asked to render a default judgment based upon publication. See Baker, Elizabeth,
Affidavit of Diligent Search, Vol. 63 Fla.B.J. 63 (Feb.1989).
582-CITE: 719 So.2d 22 ESTATE OF Mary Grace JOHNSTON, deceased, Appellant, v. TPE HOTELS, INC., a
Florida Corporation, Appellee.
TEXT: W. SHARP, Judge. Mary Grace Johnston appeals from an adverse final judgment in a quiet
title...ection 10. (FN18) See Hagan v. Ellis, 39 Fla. 463, 22 So. 727 (1897); Andreu v. Watkins, 26
Fla. 390, 7 So. 876 (1890). *29 APPENDIX (ILLUSTRATION)
583-CITE: 696 So.2d 844 Elena Abeta BAIRD, Appellant, v. George Richard BAIRD, Appellee.
TEXT: PADGETT, J. ROGERS, Associate Judge. Elena Abeta Baird challenges the final judgment s
equit...d in part, affirmed in part and remanded for further proceedings consistent with the
foregoing opinion. PATTERSON, A.C.J., and WHATLEY, J., concur.
584-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.
585-CITE: 604 So.2d 904 Lawton A. GAY, Appellant, v. Joanne GAY, Appellee.
TEXT: PETERSON, Judge. Lawton A. Gay appeals the trial court s order dissolving a lis pendens
file...eighing the objections of the husband against the practical financial solution offered by the
wife. Petition DENIED. COBB and HARRIS, JJ., concur.
586-CITE: 499 So.2d 858 Majorie GRIBBIN, Appellant Cross Appellee, v. John F. GRIBBIN, Appellee Cross
Appellant.
TEXT: PER CURIAM. AFFIRMED. DELL and STONE, JJ., concur. GLICKSTEIN, J., concurs specially with
...attorney s fees--because Canakaris controls and because of the belief that nothing constructive
*864 can be accomplished by saying anything further.
587-CITE: 706 So.2d 881 Arnold WOLF As Trustee U T D 9 2 94 F B 0 Arnold Wolf, Retirement Accounts, Inc.
FBO Arnold Wolf IRA 90544, Disa Anhalt Tua DTD 3 23 92 Dis Anhalt Ttee, EJS Investment Company and
City First Mortgage Corp., a Florida Corporation, Appellants, v. Marin SPARIOSU and Suyapa Baraha
Spariosu, his wife, Maysonet Landscape, Co., Inc., and Unknown Tenants at 8500 S.W. 112th Street,
Miami, FL., Appellees.
TEXT: GREEN, Judge. Appellants (collectively the Wolf Group ), plaintiffs below, appeal a final
su...oup take priority over Maysonet s lien to the amount of the satisfied two prior mortgages on
the property. Reversed and remanded with instructions.
588-CITE: 561 So.2d 663 In the Interest of C.B. and J.P., Minor Children.
TEXT: HARRIS, Judge. The court appointed guardian of the dependent children appeals an order
dismi...e children and the interests of society demand a judicial determination. REVERSED for
further proceedings. DANIEL, C.J., and PETERSON, J., concur.
589-CITE: 728 So.2d 1191 James W. LICH, Appellant, v. N.C.J. INVESTMENT COMPANY, a Florida corporation,
and Radiant Properties & Management, Inc., Appellees.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, James W. Lich, challenges the final summary
judgmen...ions had been taken and that it was Lich s obligation to file any deposition that might
conflict with the few facts established in their affidavits.
590-CITE: 740 So.2d 1224 ESSEX HOME MORTGAGE SERVICING CORPORATION, Appellant cross-appellee, v. William
J. FRITZ and Sandra L. Fritz, Appellees cross-appellants, and Barnett Bank of South Florida, N.A.,
John Doe and jane doe as unknown tenants in possession, Appellees.
TEXT: ON MOTION FOR REHEARING STONE, J. Appellees cross-appellants motion for rehearing is
denied...r statutory damages shall be reduced to $2,000. As to all other issues raised on
cross-appeal, we also affirm. STEVENSON and SHAHOOD, JJ., concur.
591-CITE: 670 So.2d 145 In re the ESTATE OF H.H. HERRING, Deceased. Robert Joseph HERRING, Appellant, v.
John A. HENDERSON, Appellee.
TEXT: ZEHMER, Chief Judge. Robert J. Herring appeals from an adverse final judgment entered on
his... Harrison v. Huber, 463 So.2d 1190 (Fla. 2d DCA), dismissed, 469 So.2d 749 (Fla.1985); and In
re Estate of Heyes, 515 So.2d 377 (Fla. 4th DCA 1987).
592-CITE: 538 So.2d 464 CONTINENTAL COUNTRY CLUB, INC., a Florida corporation, Appellant Cross-Appellee,
v. James A. SAVOIE, et al., Appellees Cross-Appellants.
TEXT: COBB, Judge. (FN1) This case involves a dispute over the amount of a maintenance fee
charged...nce fee. The judgment below should be amended accordingly. AFFIRMED IN PART, REVERSED IN
PART, AND REMANDED. SHARP, C.J., and DAUKSCH, J., concur.
593-CITE: 576 So.2d 870 Sonia Blanco de RODRIGUEZ and Unit No. 3105-B, Bayside Village Condominium,
Appellants, v. BANCO INDUSTRIAL de VENEZUELA, C.A., etc., Appellee.
TEXT: BASKIN, Judge. Sonia Blanco de Rodriguez appeals a non-final omnibus order granting a
motion...law standards for issuing an injunction against the related assets. The remaining points
lack merit. Affirmed in part; reversed in part; remanded.
594-CITE: 454 So.2d 606 CITY OF MIAMI, Appellant, v. Joseph ROBBIE, The South Florida Sports
Corporation, and The Miami Dolphins, Ltd., Appellees.
TEXT: DANIEL S. PEARSON, Judge. The appellant, City of Miami, and the appellees, Joseph Robbie,
Th...ther an enforceable settlement was reached. For the foregoing reasons I believe that one was
and would affirm the final judgment of the trial court.
595-CITE: 672 So.2d 568 SOUTH PACIFIC ENTERPRISES, LIMITED PARTNERSHIP, a Florida limited partnership,
and Jess R. Santamaria, Appellants Cross-Appellees, v. CORNERSTONE REALTY, INC., a Florida
corporation, Royal Palm West, Inc., and Daniel Catafumo, Appellees Cross-Appellants.
TEXT: SHAHOOD, Judge. This is an appeal from a final judgment entered in favor of appellees,
Corne...lm West and Catalfumo. Affirmed in part; reversed and remanded in part with directions.
WARNER, J., and SPEISER, MARK A., Associate Judge, concur.
596-CITE: 502 So.2d 1297 Elizabeth T. VELZY, Appellant, v. The ESTATE OF Ashley Rodman MILLER and George
W. Greer, as Personal Representative of the Estate of Ashley Rodman Miller, Appellees.
TEXT: CAMPBELL, Judge. This is an appeal from a summary judgment for appellees, the Estate of
Ashl... We, therefore, affirm the summary judgment entered below which held that appellant s claim
was barred. SCHEB, A.C.J., and SCHOONOVER, J., concur.
597-CITE: 514 So.2d 1108 D.B. ESPENSHIP III as Personal Representative of the Estate of Linda Nell
Espenship, deceased; Rachael Yvonne Revels; Robert Johns, as Personal Representative of the Estate
of Janice Faye Lord, deceased; Cynthia Kathleen Conant; Debra Suzanne Bryan; and Tammara Caroline
Keen, both individually and as Co-trustees under that certain Land Trust Agreement dated January 5,
1980, Appellants Cross-Appellees, v. John Michael CARTER, Jr., both individually and as Co-trustee
under that certain Land Trust Agreement dated January 5, 1980, Appellee Cross-Appellant.
TEXT: FRANK, Judge. This appeal is from a final judgment that determined John Michael Carter,
Jr.,... Water Fish Commission. *1111 its cancellation of the 1984 deed. In all other respects, the
judgment is affirmed. ERVIN AND WIGGINTON, JJ., concur.
598-CITE: 688 So.2d 376 Fred A. PRIESTER and Laurie Priester, his wife, Appellants, v. GRAND AERIE OF
THE FRATERNAL ORDER OF EAGLES, INC. a k a Fraternal Order of Eagles, Louis J. Barna, The Greater
Conch Republic of F.O.E. 4138, Inc., Bernie Barber and Florida State Aerie, F.O.E., Appellees.
TEXT: PER CURIAM. Fred Priester appeals a final order dismissing with prejudice his negligence
cou...odge at the time of the incident to be belied by the general allegations contained in the
complaint. Reversed and remanded for further proceedings.
599-CITE: 564 So.2d 555 In re The ESTATE OF Rose V. VICKERY, Deceased.
TEXT: GARRETT, Judge. This is a consolidated appeal. Appellants seek review of the dismissal of
th...ngly, we affirm the striking of appellant s probate claim and the dismissal of their breach of
contract complaint. WALDEN and GUNTHER, JJ., concur.
600-CITE: 601 So.2d 231 Patsy Ann GLOVER, Appellant, v. William Cecil GLOVER, Appellee.
TEXT: SHIVERS, Judge. The former wife (Wife) appeals from a Final Judgment of Dissolution of
Marri...pellant did not represent appellant in the trial court. In all other respects, the original
opinion stands. SHIVERS, KAHN and WEBSTER, JJ., concur.
601-CITE: 505 So.2d 1385 Virginia Delores HOLCOMB, Appellant, v. Robert M. HOLCOMB, Appellee.
TEXT: JOANOS, Judge. Virginia Delores Holcomb (Wife) appeals from a final judgment of dissolution
...7 (Fla.1980), we reverse and remand for further proceedings consistent with this opinion.
Reversed and remanded. SMITH, and BARFIELD, JJ., concur.
602-CITE: 489 So.2d 842 MANER PROPERTIES, INC., James C. Nielander, individually, Castlewood Realty
Company, Inc., etc., and Holly Lake Properties, etc., Appellants, v. Steve SIKSAY and Irma Siksay,
his wife, and Barbara Felton, Appellees.
TEXT: HERSEY, Chief Judge. Maner Properties, Inc., owner of Holly Lake Mobile Home Park, appeals
a..., III, IV and V are appropriately maintained in class action status. AFFIRMED IN PART; REVERSED
IN PART; REMANDED. DOWNEY and WALDEN, JJ., concur.
603-CITE: 532 So.2d 1318 EGF TAMPA ASSOCIATES, a New York general partnership, and Pan Am Circle
Associates, Ltd., a Florida limited partnership, Appellants, v. Edgar V. BOHLEN, G.F.G.M. A.G., a
Liechtenstein corporation, Springall S.A., a Panamanian corporation, and Naomi Wolffer, Appellees.
TEXT: PARKER, Judge. The appellants seek review of the trial court s denial of their motions to
qu...urt should proceed on the merits of the case in a manner consistent with this opinion.
REVERSED AND REMANDED. RYDER, A.C.J., and HALL, J., concur.
604-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.
605-CITE: 728 So.2d 799 Melvin BUSH, Appellant, v. Robert M. AYER, Audree A. Ayer, and Irene M. Malkus,
Appellees.
TEXT: OWEN, WILLIAM C., Jr., Senior Judge. The vendee under a putative contract for sale of a
vaca... it or, in its discretion, may open the case and take such further evidence as it deems
appropriate. REVERSED. STONE, C.J., and KLEIN, J., concur.
606-CITE: 468 So.2d 291 Seneca B. ANDERSON and Martha P. Anderson, his wife, Appellants, v. Julian
WALTHAL, a k a Joe Walthal and J. Max Hannon, Appellees.
TEXT: WIGGINTON, Judge. The Andersons appeal from partial final summary judgments entered by the
t...inion affirming the summary judgment in favor of Walthal on the claim for punitive damages,
reverse the judgment and remand for further proceedings.
607-CITE: 577 So.2d 573 Ronald J. SCHULTZ, etc., et al., Petitioners, v. TM FLORIDA-OHIO REALTY LTD.
PARTNERSHIP, Respondent.
TEXT: PER CURIAM. We have for review Schultz v. TM Florida-Ohio Realty Ltd. Partnership, 553
So.2d...for reinstatement of the assessment of the property appraiser. It is so ordered. SHAW,
C.J., and McDONALD, BARKETT, GRIMES and KOGAN, JJ., concur.
608-CITE: 438 So.2d 452 Wallyce V. VANDERGRIFF, Appellant, v. Jack C. VANDERGRIFF, Appellee.
TEXT: SHIVERS, Judge. The issue in this dissolution action is whether the final judgment has made
...nent alimony would not be error. Short of such findings, however, I am of the view that *456 the
wife was entitled to an award of permanent alimony.
609-CITE: 656 So.2d 271 STAR LAKES ESTATES ASSOCIATION, INC., Appellant, v. Dory AUERBACH and Hortense
Auerbach, his wife, and Carline Joseph and Patricia Joseph, tenants in possession, Appellees.
TEXT: PER CURIAM. In the main appeal, a condominium association appeals the amount of its
attorney...DCA 1982); Cross v. Federal Nat l Mortgage Ass n, 359 So.2d 464, 465 (Fla. 4th DCA 1978);
Campbell v. Werner, 232 So.2d 252, 256 (Fla. 3d DCA 1970).
610-CITE: 489 So.2d 65 Martin Jeffrey LYNCH, Appellant, v. Alice Clapp BROWN, Appellee.
TEXT: ZEHMER, Judge. Martin Jeffrey Lynch, plaintiff below, appeals from a final summary judgment
... other witnesses who, although not seeing the plaintiff s fall, provided circumsatntial evidence
which purported to bear upon the cuase of the fall.
611-CITE: 492 So.2d 1149 TEN ASSOCIATES and Highlands Insurance Company, Appellants, v. Angela BRUNSON,
etc., et al., Appellees.
TEXT: JORGENSON, Judge. The appellants, Ten Associates and Highlands Insurance Company [Ten
Associ...ned the assailant and knew that he was properly on the premises as a guest indicates that
the security provided was at least working to some extent.
612-CITE: 458 So.2d 290 James D. CASTO, Appellant, v. Donna L. CASTO, Appellee. Donna L. CASTO,
Appellant, v. James D. CASTO, Appellee. James D. CASTO, Appellant Cross-Appellee, v. Donna L. CASTO,
Appellee Cross-Appellant.
TEXT: DOWNEY, Judge. These consolidated appeals seek review of a final judgment of dissolution
and...ERED at Tallahassee, Florida, on October 11, 1983. s James E. Alderman
--------------------- CHIEF JUSTICE SUPREME COURT OF FLORIDA
613-CITE: 709 So.2d 162 David Miles FULLERTON, Appellant, v. Rita Gehenio FULLERTON, Appellee.
TEXT: THOMPSON, Judge. David Miles Fullerton, the former husband, appeals the judgment of
dissolut...ouse in the other s pension. AFFIRMED in part, REVERSED in part, and REMANDED. *166
PETERSON, J., concurs. GRIFFIN, C.J., concurs in result only.
614-CITE: 566 So.2d 850 PENSACOLA EXECUTIVE HOUSE CONDOMINIUM ASSOCIATION, INC., Appellant, v.
BASKERVILLE-DONOVAN ENGINEERS, INC., Appellee.
TEXT: WIGGINTON, Judge. Appellant, a condominium homeowners association and plaintiff below,
bring...and the cause for further proceedings. REVERSED and REMANDED for further proceedings
consistent with this opinion. BARFIELD and WOLF, JJ., concur.
615-CITE: 506 So.2d 389 THE FLORIDA BAR, Complainant, v. Eugene COLLIER, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding against Eugene Collier is before us on complaint
of...dent, for which sum let execution issue. It is so ordered. McDONALD, C.J., OVERTON, EHRLICH,
SHAW and BARKETT, JJ., and ADKINS, J. (Ret.), concur.
616-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.
617-CITE: 435 So.2d 284 Robert V. WENDEL, Appellant, v. STATE FARM FIRE & CASUALTY CO., Appellee.
TEXT: COBB, Judge. This is an appeal from a final judgment voiding an insurance policy with theft
...er the coverage or the recovery possible under the policy. Accordingly, the judgment below is
REVERSED. ORFINGER, C.J., and UPCHURCH, J., concur.
618-CITE: 447 So.2d 263 In Re Estate of Ralph James EDSELL, Jr., Deceased. Mary June EDSELL, Appellant,
v. Lisa EVERED and John E. Edsell, Jr., Co-Personal Representatives, Appellees.
TEXT: PER CURIAM. The ultimate question presented is whether the appellant, a pretermitted wife
un...hall be required for an agreement, contract, or waiver executed before marriage. *267 The
majority opinion herein squarely conflicts with Downing.
619-CITE: 645 So.2d 39 In re ESTATE OF Hazel Cooper CORBIN. Bill CORBIN, Sr. and Daulton Cooper,
Appellants, v. Betty Guy SHERMAN, Individually and as Personal Representative of the Estate of Hazel
Cooper Corbin and James W. Cooper a k a Jimmy Cooper, Appellees.
TEXT: BARFIELD, Judge. Appellants challenge the trial court s validation of decedent s will,
exclu...ight of our reversal of the final judgment. Affirmed in part, reversed in part, and
remanded for further proceedings. ALLEN and WOLF, JJ., concur.
620-CITE: 552 So.2d 1146 James Michael WATSON, as Representative of the Estate of Michael Corso,
deceased, Appellant, v. The CITY OF HIALEAH, Appellee.
TEXT: JORGENSON, Judge. James Michael Watson, personal representative of Michael Corso s estate,
a... the issue has been said to be one of law for the court. Stahl v. Metropolitan Dade County, 438
So.2d 14, 21 (Fla. 3d DCA 1983) (citations omitted).
621-Sweatt, his wife; Everett Townsend and Virginia Townsend, his wife; Theodore Twomey and Phyllis
Twomey, his wife; Walter Underwood and Sherry Underwood, his wife; Margaret Weirich; Hazel Wene;
Corine Wetherington; Marguerite Whitney; Dalton L. Wilkins; Lillian Wills; Mary Wood; Ruby Wynekoop;
Barbara Zimmer; and Crescent Lake Mobile Homeowners Association, Inc., Appellants, v. CRESCENT LAKE
MOBILE COLONY, INC., a Florida corporation, Appellee.
TEXT: PER CURIAM. In this case, mobile home park tenants in the park owned and operated by the
app...eversed. Upon remand, the trial court shall award the appellants their fees and costs instead.
RYDER, A.C.J., and DANAHY and CAMPBELL, JJ., concur.
622-CITE: 720 So.2d 1091 WPB, LTD., a Florida Limited Partnership, Stiles at Palm Beach, Ltd., a Florida
Limited partnership, as General Partner of WPB, Ltd., Terry W. Stiles, as General Partner of Stiles
at Palm Beach Ltd., and Terry W. Stiles, individually, Appellants Cross-Appellees, v. George P.
SUPRAN, as Trustee, Appellee Cross-Appellant.
TEXT: GROSS, Judge. The main issue in this appeal is whether section 687.01, Florida Statutes
(198...erformance of the landlord was not triggered under the terms of the guaranty. AFFIRMED.
DELL, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
623-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.
624-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.
625-CITE: 508 So.2d 23 Earnest BEASLEY, Appellant, v. Barbara BEASLEY, Appellee.
TEXT: GLICKSTEIN, Judge. This is an appeal of a final order dissolving a marriage and
distributing...ssues. I recognize that this dissent is in conflict with Tommaney v. Tommaney, 405
So.2d 454 (Fla. 2d DCA 1981), which we should decline to follow.
626-CITE: 676 So.2d 513 P. Bryce WILLIAMS and Michael J. Dwyer, Appellants, v. PEAK RESORTS
INTERNATIONAL INC., et al., Appellees.
TEXT: THOMPSON, Judge. P. Bryce Williams and Michael J. Dwyer, appellants, appeal the partial
summ...assume that the court means what it says until it tells us otherwise. I would affirm the
trial court and certify the question to the supreme court.
627-CITE: 612 So.2d 610 Mark K. STRALEY, Appellant, v. Stacy FRANK, Appellee.
TEXT: ON REMAND FROM THE FLORIDA SUPREME COURT PER CURIAM. We consider this case on remand from
t... 833 (1935). Accordingly, I would remand this cause to the trial court for further proceedings
consistent with the views expressed in this opinion.
628-CITE: 433 So.2d 1202 Herbert C. ANDERSON and Joan Anderson, Petitioners, v. Sam BELL, George Bell
and James E. Estes, Respondents.
TEXT: ADKINS, Justice. We have for review a decision of the District Court of Appeal, First
Distri...y the plaintiff. It is so ordered. ALDERMAN, C.J., and BOYD, OVERTON, McDONALD and
EHRLICH, JJ., concur. *1208 APPENDIX -------- (ILLUSTRATION)
629-CITE: 587 So.2d 494 PANAMA CITY HOUSING AUTHORITY, Appellant, v. Ann SOWBY, and Florida Unemployment
Appeals Commission, Appellee.
TEXT: JOANOS, Chief Judge. The Panama City Housing Authority (Authority) appeals an order of the
U...e was not due to misconduct connected with work. Accordingly, the Commission s order is
affirmed in all respects. SMITH and BARFIELD, JJ., concur.
630-CITE: 511 So.2d 962 METROPOLITAN DADE COUNTY FAIR HOUSING AND EMPLOYMENT APPEALS BOARD, Petitioner,
v. SUNRISE VILLAGE MOBILE HOME PARK, INC., Respondent.
TEXT: McDONALD, Chief Justice. The Third District Court of Appeal has certified the following
ques...state. We erred in Broward County v. La Rosa, 505 S.2d 422 (Fla.1987), and should recede
from the portion which prohibits the assessment of damage.
631-CITE: 629 So.2d 963 Richard HAISFIELD, Marc J. Haisfield, Randy Haisfield, as successor trustee
under the Haisfield Children s Trust, as sole partners of Haisfield Enterprises of Florida,
Appellants, v. ACP FLORIDA HOLDINGS, INC., et al., and Peabey Associates, et al., Appellees.
TEXT: ON MOTION FOR REHEARING ROSS, DALE, Associate Judge. Appellants, RICHARD HAISFIELD, et
al.,...d attorney s fees incurred in removing the lis pendens and clearing title, which is a
recoverable element of damages. STONE and POLEN, JJ., concur.
632-CITE: 513 So.2d 686 Melvin GROSSMAN and Bliss & Nyitray, Inc., Appellants, v. SEA AIR TOWERS,
LIMITED, Appellee.
TEXT: REVISED OPINION FERGUSON, Judge. Defendants, Melvin Grossman, an architect, and Bliss &
Nyi...sing the load-bearing capacity of its traffic deck is reversed, otherwise the judgment is
affirmed. The judgment on the indemnity claim is affirmed.
633-CITE: 624 So.2d 294 Robert GORDON, et al., Appellants, v. FLAMINGO HOLDING PARTNERSHIP, et al.,
Appellees.
TEXT: JORGENSON, Judge. This is an appeal from a final judgment of foreclosure arising from the
sa...perty notwithstanding its transfer to the Flamingo Holding Partnership, and that the equitable
lien is superior to the lien of Irving Trust Company.
634-CITE: 435 So.2d 372 Jack H. SANDERS, Appellant, v. Marjorie J. SANDERS, Appellee.
TEXT: SHARP, Judge. The husband, Jack Sanders, appeals from a final judgment of dissolution which
...e are essential to achieve that degree of equality of treatment under a rule of law to which all
citizens are entitled under our form of government.
635-CITE: 439 So.2d 233 Milton B. BECKERMAN, Appellant, v. Robert GREENBAUM, as personal representative
of the Estate of Bernard Greenbaum, d b a Bernard Greenbaum & Associates, a partnership, and Bernard
Greenbaum & Associates, Inc., a corporation, Appellees.
TEXT: OTT, Chief Judge. This appeal essentially involves three questions: the allowance of
certain...., 321 So.2d 562 (Fla. 4th DCA 1975). This case is REMANDED for entry of judgment
consistent with this opinion. SCHOONOVER and LEHAN, JJ., concur.
636-CITE: 579 So.2d 739 In re ESTATE OF Alma S. GAINER, deceased. Inez G. DUNCAN, Vivian S. Gibson,
Mollye S. Medeski, Thomas L. Sapp, Patricia Ann Hardison, Linda Sue Saye, and Ruth E. Bruner,
Appellants, v. Ronald DAVIS and Shirley Davis, individually and as Personal Representatives of the
Estate of Alma S. Gainer, deceased, Appellees.
TEXT: PER CURIAM. This cause is before us on appeal from orders entered in probate proceedings
den...ee shall observe the standards in dealing with the trust assets that would be observed by a
prudent trustee dealing with the property of another.
637-CITE: 436 So.2d 40 SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, Petitioner, v. Donald HANFT,
Respondent.
TEXT: BOYD, Justice. This cause is before the Court on petition for review of a decision of a
dist...he elements are present to warrant an award of punitive damages in light of all the evidence.
The decision of the district court should be approved.
638-CITE: 474 So.2d 369 PEARCE & PEARCE, INC., d b a Pearce Corporation, a Missouri corporation,
Appellant Cross-Appellee, v. KROH BROTHERS DEVELOPMENT COMPANY, a Missouri corporation, and Medical
Office Building Investors, Ltd., a Florida limited corporation, Appellees Cross-Appellants, and
William E. Arnold Company, a Florida corporation, and Federal Insurance Company, a New Jersey
corporation, Appellees Cross-Appellees.
TEXT: SMITH, Judge. Appellant seeks reversal of an amended final judgment entered after a
non-jury... and MOBI $791.30, representing cross-appellants actual expenditures for alleged interior
damage over the seven-year period covered by this dispute.
639-CITE: 469 So.2d 240 SUN BANK OF TAMPA BAY, a Florida banking corporation, Appellant Cross-Appellee,
v. SPIGRIN PROPERTIES, LTD., a limited partnership, Ray Tamargo, Robert F. Carbonell, and Thomas A.
Smith, individually and as its general partners, and Spigrin, Inc., a Florida corporation, Appellees
Cross-Appellants.
TEXT: GRIMES, Judge. This is an appeal from a usury judgment directing the recovery of double
inte...5,514.64 and a judgment for Sun Bank against Smith for three-sevenths of that amount or the
sum of $19,506.27. RYDER, C.J., and DANAHY, J., concur.
640-CITE: 432 So.2d 86 The GREEN COMPANIES, a corporation, and Allstate Insurance Company, a foreign
corporation, Appellants, v. Nicholas DIVINCENZO and Mary Jane Divincenzo, his wife, Appellees.
TEXT: PER CURIAM. Plaintiff Nicholas DiVincenzo was a tenant in an office complex known as
Dadelan...st to the present case would call for a holding that the defendants motion for a directed
verdict should have been granted. I respectfully dissent.
641-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.
642-CITE: 457 So.2d 553 SHADA, a Florida partnership, Appellant, v. TITLE & TRUST COMPANY OF FLORIDA,
etc., Appellee.
TEXT: DELL, Judge. Shada, a Florida partnership, appeals from an adverse final summary judgment
in...ent in favor of appellee and remand this cause for further proceedings consistent herewith.
REVERSED and REMANDED. DOWNEY and HURLEY, JJ., concur.
643-CITE: 722 So.2d 891 Frank L. ZORC, Appellant, v. CITY OF VERO BEACH, Florida, Appellee.
TEXT: SHAHOOD, J. Appellant, Frank Zorc, appeals from Amended Summary Final Judgment entered in
fa...UNTHER and STEVENSON, JJ., concur. GUNTHER, J., did not participate in oral argument, but has
had the opportunity to review the entire proceedings.
644-CITE: 563 So.2d 767 HOME DESIGN CENTER - JOINT VENTURE, a Florida general partnership, Appellant, v.
COUNTY APPLIANCES OF NAPLES, INC., a Florida corporation, Beverly L. Good, and Harry A. Walcott,
Appellees.
TEXT: ALTENBERND, Judge. Home Design Center--Joint Venture appeals a final judgment which
relieved...ty Appliances insurance difficulties did not establish a valid defense in this case.
Reversed and remanded. DANAHY, A.C.J., and LEHAN, J., concur.
645-CITE: 516 So.2d 1125 CITY OF MIAMI, a municipal corporation, and Herbert Breslow, Appellants
Cross-Appellees, v. Michael M. COSGROVE, Appellee Cross-Appellant.
TEXT: PER CURIAM. We conclude that the exclusive remedy for noncompliance with Section 112.532,
Fl...ance of the officer s official duties or for abridgment of the officer s civil rights arising
out of the officer s performance of official duties.
646-CITE: 506 So.2d 426 VILLAGE PARK MOBILE HOME ASSOCIATION, INC., a Florida Corporation, Alice
Mallanda, Kenneth Byers and Billie Byers, Appellants, v. STATE of Florida, DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES, Appellees.
TEXT: NIMMONS, Judge. This is an appeal from a final order of the Department of Business
Regulatio...y as a result of the agency s approval of the prospectus. Accordingly, appellants Motion
for Rehearing is DENIED. JOANOS and THOMPSON, JJ., concur.
647-CITE: 585 So.2d 1052 Deborah FISHBEIN, Appellant Cross-Appellee, v. PALM BEACH SAVINGS & LOAN
ASSOCIATION, F.S.A., et al., Appellees Cross-Appellants.
TEXT: GARRET, Judge. Deborah Fishbein [Mrs. Fishbein] appeals the trial court s final judgment
tha...Fla. 824, 191 So. 18 (Fla.1939); La Mar v. Lechlider, 135 Fla. 703, 185 So. 833 (Fla.1939);
Jones v. Carpenter, 90 Fla. 407, 106 So. 127 (Fla.1925).
648-CITE: 707 So.2d 361 SOUTHLAKE COMMUNITY FOUNDATION, INC., Appellant Cross-Appellee, v. Edward
HAVILL, etc., et al., Appellees Cross-Appellants.
TEXT: COBB, Judge. We have for review a circuit court judgment upholding the denial by the Lake
Co...estoppel issue raised by Foundation. Accordingly, Havill s denial of the charitable exemption
is affirmed. GRIFFIN, C.J., and THOMPSON, J., concur.
649-CITE: 683 So.2d 1119 Stewart D. WILLIAMS, Appellant Cross-Appellee, v. Marny S. WILLIAMS, Appellee
Cross-Appellant.
TEXT: COPE, Judge. Stewart D. Williams appeals, and Marny S. Williams cross-appeals, a final
judgm...reach the former wife s argument that the trial court in any event has discretion to deny
the credit where justified by the financial circumstances.
650-CITE: 495 So.2d 1177 Eugene UVANILE, Appellant, v. Donald DENOFF, Joseph Uvanile, Stuart
Enterprises, Inc., Tideway Construction Company, Inc., and William Brant, as Trustee, Appellees.
TEXT: SALMON, MICHAEL H., Associate Judge. During 1958, Uvanile and Denoff entered into a
business...ovisions thereof and their consequences and subsequently claim fraud on the grounds that
it had been represented to him that the agreement was fair.
651-CITE: 585 So.2d 445 Maxine A. OVERTON, Appellant, v. The PROGRESSIVE INSURANCE COMPANY and Jeffrey
A. Overton, Appellees.
TEXT: DELL, Judge. Maxine Overton appeals from a final judgment that denied her claim for
coverage...of appellant s insurable interest and damages under the policy. REVERSED and REMANDED.
DOWNEY, J., concurs. HERSEY, J., dissents without opinion.
652-CITE: 736 So.2d 58 Julio MENENDEZ, Sr., and Vivian Menendez, individually and as guardians of Julio
Menendez, Jr., and Julio Menendez, Jr., individually, Appellants, v. The PALMS WEST CONDOMINIUM
ASSOCIATION, INC., Richard Seaberg and Beverly Seaberg, individually, and Clifford Miller and
Barbara Miller, individually, Appellees.
TEXT: PADOVANO, J. This is an appeal from a final summary judgment for the defendants in a
premise...stance in this case. Therefore, we hold that the defendants were entitled to prevail as a
matter of law. Affirmed. KAHN and LAWRENCE, JJ., CONCUR.
653-CITE: 541 So.2d 1121 LANCA HOMEOWNERS, INC., etc., et al., Appellants, Cross-Appellees, v. LANTANA
CASCADE OF PALM BEACH, LTD., et al., Appellees, Cross-Appellants.
TEXT: SHAW, Justice. We have on appeal Lantana Cascade of Palm Beach, Ltd. v. Lanca Homeowners,
In...and for proceedings consistent with this opinion. It is so ordered. EHRLICH, C.J., and
OVERTON, McDONALD, BARKETT, GRIMES, and KOGAN, JJ., concur.
654-CITE: 585 So.2d 334 Mark K. STRALEY, Appellant, v. Stacy FRANK, Appellee.
TEXT: ON MOTION FOR REHEARING EN BANC PER CURIAM. Pursuant to motion of the appellant, Mark K.
St...l assets equally, and there was a substantial disparity in their incomes, the trial court
correctly awarded the wife a part of her attorney s fees).
655-CITE: 717 So.2d 601 CITY OF MIAMI, a municipal corporation, and The City of Miami Nuisance Abatement
Board, a quasi-judicial board, Appellants, v. KESHBRO, INC., a Florida corporation, d b a Stardust
Motel; and Harish Gihwala, individually, Appellees.
TEXT: FLETCHER, Judge. The City of Miami [City] and the City of Miami Nuisance Abatement Board
(FN...17 Fla. 183 (1879). As a consequence, we reverse the summary judgment in favor of the owners
and remand for further proceedings consistent herewith.
656-CITE: 576 So.2d 1371 Dennis Edward FRANKLIN, et ux., Appellants Cross-Appellees, v. Michael M.
WALLACK, et al., Appellees Cross-Appellants.
TEXT: HARRIS, Judge. Dennis and Voncile Franklin appeal from a final judgment of foreclosure of a
...ge on his property. ------------ (FN8) 11 Fla.Jur.2d Contracts Section 41 (1979). (FN9) See 25
Am.Jur.2d Duress & Undue Influence Section 22 (1966).
657-CITE: 537 So.2d 641 The CITY OF KEY WEST, Appellant, v. R.L.J.S. CORPORATION, Acme Advisors
Corporation, Neufeld Corporation, 1800 Atlantic Developers, Inc., a Florida Joint Venture known as
1800 Atlantic Developers, Appellees.
TEXT: DANIEL S. PEARSON, Judge. We address a question of first impression in this state, namely,
d...e also A. Arnold, J. Douglas, & D. Feld, Modern Real Estate and Mortgage Forms Section 30
(1986); S. Goldberg, Sales of Real Property 387-91 (1971).
658-CITE: 542 So.2d 1002 Joseph M. FINEBERG, individually and as general partner of Laguna Palms
Properties, Ltd., Appellant, v. E.B. KLINE, Stanley Kline and Charles H. Snowden, Appellees.
TEXT: On Motion for Clarification and Rehearing NESBITT, Judge. Appellant s motion for rehearing
...ounts awarded herein as part of his forty-nine percent partnership share. Affirmed in part,
reversed in part, and remanded for further proceedings.
659-CITE: 594 So.2d 789 FLORIDA POWER CORPORATION, a Florida corporation, Appellant, v. Andrew J. LYNN
and Richard M. Haber, as Co-Trustees of the Christine Priest Trust, and Andrew J. Lynn,
individually, as Tenants in Common, and Andrew J. Lynn, Lillian E. Lynn and Richard M. Haber, as
Co-Trustees of the Andrew A. Lynn Trust; Citizens Bank of Clearwater, a Florida banking association;
Hillsborough County, a political subdivision of the State of Florida; Joanne Hixon Shell f k a
Joanne Hixon Mills and Julia Elaine Hixon Johnson, Lila Y. Hixon; E.E. Chaires, Jr.; Tait S. Scott
and Dorothy Louise Scott; Federal Land Bank of Columbia, South Carolina, a corporation organized,
chartered and existing under the laws of the United States of America; Ada M. Manning and Walter W.
Manning; Jean W. Smolek and Alfred W. Wilson, as Trustees of the Edward J. Smolek Family Trust, and
Alfred W. Wilson, individually; and Gary Edens and Jack J. Craparo, Appellees.
TEXT: CAMPBELL, Judge. Appellant, Florida Power Corporation (F.P.C.), appeals the final order
deny...the easements. We reverse and remand to the trial court for further proceedings consistent
herewith. SCHOONOVER, C.J., and ALTENBERND, J., concur.
660-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.
661-CITE: 733 So.2d 1026 ARVIDA JMB PARTNERS, Arvida JMB Managers, Inc., Arvida JMB Partners, Ltd.,
Broken Sound Club, Inc., Country Club Maintenance Association, Inc., Appellants Cross-Appellees, v.
COUNCIL OF VILLAGES, INC., Thomas Domagala, Jules Pearlstine, Barry Blum, William Lehrburger, Mori
Aaron Schweitzer, and Chaman-coral Ltd. Partnership, etc., Essex Place Ltd. Partnership, etc.,
Appellees Cross-Appellants.
TEXT: PER CURIAM. Council of Villages, Inc. (Council), the Country Club Maintenance Association,
I...as a plaintiff below. CCMA is a defendant, and is not a member of the class in this class action
suit. GUNTHER, STEVENSON and SHAHOOD, JJ., concur.
662-CITE: 634 So.2d 667 Richard L. JACOBS, Appellant, v. Judith L. VAILLANCOURT, individually and as
trustee, and Robin A. Vaillancourt, Appellees.
TEXT: SCHOONOVER, Judge. The appellant, Richard L. Jacobs, challenges a final judgment upholding
t...ng the award of attorney s fees and costs, we affirm these consolidated appeals in all respects.
Affirmed. CAMPBELL, A.C.J., and BLUE, J., concur.
663-CITE: 610 So.2d 524 Gene SOUTHARDS and Kathleen Southards, husband and wife, Appellants, v. MOTEL
MANAGEMENT COMPANY, n k a B & M Management Company, Inc., a Florida corporation, Harry F. Knight,
Tax Collector, Monroe County, Florida, and J. Thomas Herndon, Executive Director, Department of
Revenue, State of Florida, Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiffs Gene and Kathleen Southards, as class
repres...to proceed, with Motel Management s interest in the $10 million building being subject to
the rather minuscule property interests of the appellants.
664-CITE: 614 So.2d 587 Gary B. McCRAY and Mariane A. McCRAY, his wife, Appellants, v. Louis C. MYERS,
an individual, and Julius L. Bacon, an individual, Appellees.
TEXT: KAHN, Judge. In this tort action, appellants plaintiffs (McCray) challenge the trial court
s...hat, in any event, proximate causation is lacking as a matter of law, we AFFIRM the summary
judgment. SMITH, J., and SHIVERS, Senior Judge, concur.
665-CITE: 468 So.2d 908 ED RICKE AND SONS, INC., a Florida Corporation, Petitioner, v. Demetrius
Octavius GREEN, a minor, By and Through his Guardian of the Property, Edward P. SWAN, Esq.,
Respondent.
TEXT: ADKINS, Justice. We review the opinion of the Third District Court of Appeal in Green v. Ed
...olicy should be adhered to. The opinion of the district court should be quashed with directions
to affirm the final judgment. OVERTON, J., concurs.
666-CITE: 447 So.2d 1383 DIVISION OF ADMINISTRATION, STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
Appellant, v. John L. ALLEN, et al., Appellees.
TEXT: FRANK D. UPCHURCH, Jr., Judge. This is an appeal from a final judgment after jury verdict
in...ee Tosohatchee Game Preserve, Inc. v. Central and Southern Florida Flood Control District, 265
So.2d 681 (Fla.1972). DAUKSCH and COBB, JJ., concur.
667-CITE: 660 So.2d 1111 Jack SITOMER, Doris Goldbring and Rose Wishansky, Appellants, v. Richard M.
ORLAN, as Guardian for Belle Orlan Sitomer, Appellee.
TEXT: GROSS, ROBERT M., Associate Judge. Appellants appeal from a final judgment which allowed
app...he factors the jury could consider in deciding what type of accounts the Sitomers created.
REVERSED AND REMANDED. KLEIN and PARIENTE, JJ., concur.
668-CITE: 573 So.2d 37 Jose Manuel MARTINEZ, Appellant, v. Patricia Dee MARTINEZ, Appellee.
TEXT: ZEHMER, Judge. Jose Martinez and Patricia Dee Martinez were married for nine years, during
w...ward of attorney s fees. The awards made by the trial judge on these points were well within the
discretion afforded him under the law of our state.
669-CITE: 587 So.2d 1366 Kenneth D. RAGER, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. Kenneth D. Rager appeals his convictions of one count of
racketee... criminal conduct as the only remaining individual to prosecute. Reversed with
instructions to discharge appellant. FRANK and PARKER, JJ., concur.
670-CITE: 674 So.2d 783 Wayne Enzor CAMPBELL, Appellant, v. Susan Campbell GORDON and Husband, Guy Bruce
Gordon, Appellees.
TEXT: BENTON, Judge. Wayne Enzor Campbell asks us to reverse the summary judgment entered on the
c...r proceedings consistent with this opinion. We affirm the final summary judgment as to
counterclaim as to count two. BOOTH and JOANOS, JJ., concur.
671-CITE: 678 So.2d 397 STATE FARM FIRE & CASUALTY INSURANCE CO., Appellant, v. DENI ASSOCIATES OF
FLORIDA, INC., Appellee. FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, Appellant, v. E. C. FOGG,
III, Lisabeth A. Fogg, Elizabeth Fogg Lane, and John Roger Clark, individually and as partners d b a
Land-O-Sun Groves, Appellees.
TEXT: EN BANC FARMER, Judge. In these unrelated appeals, we have decided on our own motion to
gra... against the insurer, and find coverage. I agree with the majority that there is no coverage
in the spraying case. POLEN and PARIENTE, JJ., concur.
672-CITE: 665 So.2d 1048 Samuel ZELL, etc., et al., Petitioners, v. Gaylynn Sue MEEK and Barry M. Meek,
Respondents.
TEXT: ANSTEAD, Justice. Gaylynn Sue Meek (Meek) and her husband Barry M. Meek sought review in
the...3. *1055 We remand for proceedings consistent herewith. It is so ordered. GRIMES, C.J., and
OVERTON, SHAW, KOGAN, HARDING and WELLS, JJ., concur.
673-CITE: 602 So.2d 914 THE FLORIDA BAR RE: ADVISORY OPINION--NONLAWYER PREPARATION OF RESIDENTIAL
LEASES UP TO ONE YEAR IN DURATION. THE FLORIDA BAR RE: APPROVAL OF FORMS PURSUANT to Rule 10-1.1(b)
OF THE RULES REGULATING THE FLORIDA BAR.
TEXT: PER CURIAM. Pursuant to rule 10-7.1(b) of the Rules Regulating The Florida Bar, Randy J.
Sch...___ 2 witnesses need for each Tenant This form was completed with the assistance
of: Name: Address: Telephone Number:
674-CITE: 624 So.2d 761 James J. WEAVER, Appellant, v. SCHOOL BOARD OF LEON COUNTY, Appellee.
TEXT: SMITH, Judge. Appellant, James J. Weaver (hereinafter Dr. Weaver or Weaver) appeals a final
...$150 per hour for the last 13 hours expended. No issue is presented on appeal as to fees awarded
to other counsel involved in the proceedings below.
675-CITE: 644 So.2d 527 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Eula M. HECKMAN,
Freddie K. Heckman, Allan W. Heckman and J & H Salvage and Storage Yards, Inc., Appellees.
TEXT: ON MOTION FOR REHEARING KLEIN, Judge. We withdraw our prior opinion filed September 14,
199...re and conveyed the property to the city in June of 1988. The agent acts for the principal and
by the agent s acts, the principal must give account.
676-CITE: 690 So.2d 1361 STATE of Florida, Petitioner, v. Wilbur WILSON, Respondent.
TEXT: PARKER, Acting Chief Judge. The State of Florida filed a petition for writ of certiorari
wit...e miscarriage of justice standard, and the now discarded shocks the judicial conscience
standard. See Bould v. Touchette, 349 So.2d 1181 (Fla.1977).
677-CITE: 601 So.2d 1165 In re ESTATE OF Lettie V. COMBEE, Deceased. Linda Rae FARMER, et al.,
Petitioners, v. Irma A. WALKER, et al., Respondents.
TEXT: GRIMES, Justice. We review In re Estate of Combee, 583 So.2d 708 (Fla. 2d DCA 1991),
because...he extent that it is inconsistent with this opinion. It is so ordered. SHAW, C.J., and
OVERTON, McDONALD, BARKETT, KOGAN and HARDING, JJ., concur.
678-CITE: 564 So.2d 634 Lewis E. WADSWORTH, III, Appellant, v. FIRST UNION NATIONAL BANK OF FLORIDA, et
al., Appellees.
TEXT: ON MOTION FOR REHEARING EN BANC DAUKSCH, Judge. We withdraw our prior opinion in this case
...mesteader can devise the homestead away from his lineal descendants. See City National Bank of
Florida v. Tescher, 557 So.2d 615 (Fla. 3d DCA 1990).
679-CITE: 552 So.2d 946 1800 ATLANTIC DEVELOPERS, Appellant, v. DEPARTMENT OF ENVIRONMENTAL REGULATION
and City of Key West, Appellees.
TEXT: PER CURIAM. 1800 Atlantic Devlopers appeals a final order of the Department of
Environmental...titutional issue. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. SHIVERS, C.J.,
ZEHMER, J., and PEARSON, TILLMAN (Ret d), Associate Judge, concur.
680-CITE: 653 So.2d 459 STATE of Florida, Appellant, v. Joseph DELGRASSO, Appellee.
TEXT: QUINCE, Judge. The state appeals two orders of the trial court entered after a jury
convicte...not a biohazardous or hazardous waste facility and does not have a permit for the
storage, treatment or disposal of biohazardous or hazardous waste.
681-CITE: 673 So.2d 135 WATER OAK MANAGEMENT CORPORATION, et al., Appellants, v. LAKE COUNTY, Florida,
etc., et al., Appellees.
TEXT: PER CURIAM. Appellants, Water Oak Management Corporation, Sun QRS, Inc., and John Richard
Se...remiums; 2. The public safety is protected; and 3. The public health is protected. (FN11) Id.
(FN12) See 656 So.2d at 521 (Booth, J., dissenting).
682-CITE: 590 So.2d 970 REGENCY LAKE APARTMENTS ASSOCIATES, LTD., a Florida partnership, Appellant, v.
Ella Mae FRENCH and Marion C. French, her husband, Appellees.
TEXT: WOLF, Judge. Regency Lake Apartments Associates, Limited (Regency) appeals from a final
judg...nts the opportunity to either accept the remittitur or have a new trial on the issue of
damages. JOANOS, C.J., and WENTWORTH, Senior Judge, concur.
683-CITE: 656 So.2d 512 Lizzie Mae HARRIS, Wanda M. Townsend, and Ellis Townsend, Appellants, v. Dale
WILSON, James Jett, Larry Lancaster, Patrick McGovern, and George Bush, as constituting the Board of
Clay County Commissioners; Clay County, a Political Subdivision of the State of Florida, Appellees.
TEXT: WOLF, Judge. Appellants challenge a final summary judgment determining that a special
assess...aps, and a tax masquerading as an assessment will become a proverbial monster, escaping all
bonds and undermining the legal limitations on taxation.
684-CITE: 629 So.2d 841 James BROWN, Petitioner, v. STATE of Florida, Respondent. STATE of Florida,
Appellant, v. Melburn Ben THOMAS, et al., Appellees. STATE of Florida, Appellant, v. Reginald Eugene
KIRKLAND, Appellee.
TEXT: HARDING, Justice. We have consolidated for our review three cases in which district courts
o...e pertinent facts in order to determine whether the statute is unconstitutional in its
application. I respectfully dissent. McDONALD, J., concurs.
685-CITE: 648 So.2d 168 THOR BEAR, INC., Appellant, v. CROCKER MIZNER PARK, INC., a Florida corporation,
as a general partner of Crocker Mizner Park I, Ltd., a Florida limited partnership, as general
partner of Crocker Downtown Development Associates, a Florida general partnership, and the City of
Boca Raton, Appellees.
TEXT: PER CURIAM. This is an appeal from the trial court s order which granted appellee s motion
f...ion for rehearing, but grant its motion for clarification. On remand the trial court should
consider and rule upon all remaining post-trial motions.
686-CITE: 611 So.2d 1256 AIRPORT PLAZA LIMITED PARTNERSHIP, Appellant, v. UNITED NATIONAL BANK OF MIAMI,
Milam Dairy Warehouse Associates, Transam Distribution Services, Inc., Security Bonded Warehouse
Inc., J. Kimpton Honey and Donald B. Hand, Appellees.
TEXT: ON MOTION FOR REHEARING PER CURIAM. This case is before us to review a judgment entered
aft... Inc., 410 So.2d 998 Fla. 3d DCA 1982). Instead, the fraud claim was premised upon false
representations about the past and present rental receipts.
687-CITE: 583 So.2d 708 In re ESTATE of Lettie V. COMBEE, Deceased. Irma A. WALKER and Dorothy I.
Collins, Appellants, v. Linda Rae FARMER and Raymond Groover Combee, Jr., a minor, by and through
his mother and next friend, Linda Combee Miranda, Appellees.
TEXT: ALTENBERND, Judge. Irma A. Walker and Dorothy I. Collins appeal an order of the probate
cour...sus this more rigid and predictable solution and it has chosen the latter solution. Reversed
and remanded. CAMPBELL, A.C.J., and HALL, J., concur.
688-CITE: 722 So.2d 874 DEPARTMENT OF HEALTH, Appellant, v. Sara R. Johnson CURRY, and the Holmes County
School Board, Appellees.
TEXT: WEBSTER, J. The Department of Health seeks review of orders denying its motion to dismiss
fo... no reason to weigh the importance of competing social policies or to attempt to decipher the
legislature s intentions in regard to the legislation.
689-CITE: 599 So.2d 1309 Frank C. DIEFENDERFER, III, Appellant, v. FOREST PARK SPRINGS, et al.,
Appellees.
TEXT: W. SHARP, Judge. Diefenderfer appeals from a final judgment rendered after a non-jury trial
...(FN9) U.S. Const. Amend. V; Art. 10, Section 6, Fla.Const. (FN10) See also Langhorst v.
Riethmiller, 52 Ohio App.2d 137, 368 N.E.2d 328 (Ohio 1977).
690-CITE: 661 So.2d 1207 THE FLORIDA BAR, Complainant, v. William T. CHARNOCK, III, Respondent.
TEXT: PER CURIAM. This matter is before the Court on respondent s petition for review of a
referee...w procedures under which motions are ruled upon on the basis of written submissions to
make the trial judge inaccessible to counsel for the parties.
691-CITE: 488 So.2d 864 Frances Louise WOLFSON, f k a Frances W. Cary, Appellant, v. Elton M. CARY,
Appellee.
TEXT: HENDRY, Judge. Petitioner Frances L. Wolfson appeals a final judgment denying her a special
...ares are held to be void; and the order distributing the tax refund equally between the parties
is affirmed. Affirmed in part and reversed in part.
692-CITE: 490 So.2d 1005 GALT VIEW APARTMENTS, INC., a k a Coral Ridge Towers South Co-op, Appellant, v.
Frank FAZIO, Appellee.
TEXT: HERSEY, Chief Judge. The subject of this appeal is a final judgment requiring appellant,
Gal...ing of failure to make a diligent, good faith effort to seek performance of that condition.
Accordingly, we affirm. DELL and GUNTHER, JJ., concur.
693-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.
694-CITE: 693 So.2d 1080 Donald A. STOCK, Appellant Cross-Appellee, v. Katherine L. STOCK and Michael J.
Egan and Doris Y. Egan, Appellees Cross-Appellants.
TEXT: NORTHCUTT, Judge. In this dissolution of marriage action, the trial court shouldered the
une...e entire equitable distribution scheme. Affirmed in part, reversed in part and remanded for
further proceedings. ALTENBERND and BLUE, JJ., concur.
695-CITE: 542 So.2d 395 In re ESTATE OF William A. HOWARD, Deceased. Peggy Mixon HOWARD, Appellant, v.
Thomas M. BAUMER, Personal Representative of the Estate of William A. Howard, deceased, William G.
Howard, Barbara Howard Highsmith, Brenda Howard Wilbanks and Tala Howard Reynolds, Appellees.
TEXT: NIMMONS, Judge. The sole issue presented for our review on this appeal is whether the
probat...murdering spouse under Section 732.802, Florida Statutes. The probate court s final order
is therefore AFFIRMED. JOANOS and WIGGINTON, JJ., concur.
696-CITE: 721 So.2d 1164 THE FLORIDA BAR, Complainant, v. Edward C. VINING, Jr., Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before us upon review of a referee s findings
an...isputed funds to Vining. Id. at 672 n. 9. After learning of this, the client sued Vining and,
in September of 1993, was awarded damages. Id. at 672.
697-CITE: 522 So.2d 880 Mary Jo CARR, Appellant, v. George L. CARR, Appellee.
TEXT: SMITH, Chief Judge. The wife appeals a final judgment in a dissolution proceeding
contending...void. Other than requiring the trial judge to reevaluate the retirement status of the
parties under Diffenderfer, I would not disturb the decision.
698-CITE: 449 So.2d 855 The NATURAL KITCHEN, INC., Appellant Cross-Appellee, v. AMERICAN TRANSWORLD
CORPORATION, Appellee Cross-Appellant.
TEXT: GRIMES, Acting Chief Judge. This appeal involves a dispute concerning the refusal of a
lesso...firm the judgment as it relates to the collection of sales taxes. We affirm the issues
raised by the cross-appeal. CAMPBELL and LEHAN, JJ., concur.
699-CITE: 738 So.2d 1008 Gail PERSAN, et al, Appellant, v. LIFE CONCEPTS, INC. etc., et al, Appellee.
TEXT: GRIFFIN, J. Appellants, Gail Persan, et al., timely appeal a final judgment of involuntary
d...asible, it can petition the court for relief. What it cannot do, I submit, is sell the trust
assets and pocket the money for some unrelated purpose.
700-CITE: 641 So.2d 888 Norma R. BROIN, Major Mark L. Broin, USMC, her husband; Patricia Young; Joyce
Newman Scott; Marilyn Mittan; Patricia Crittenden; Nancy Fossey Strickland; Donna O Neil; on behalf
of themselves and all others similarly situated, Appellants, v. PHILIP MORRIS COMPANIES, INC., a
Virginia corporation; Philip Morris Incorporated, ( Philip Morris U.S.A. ), a Virginia corporation;
Philip Morris International Inc., ( Philip Morris International ), a Virginia corporation; RJR
Nabisco Holdings Corp., a Delaware corporation; RJR Nabisco Holding Group, Inc., a Delaware
corporation; RJR Nabisco Capital Corp., a Delaware corporation; RJR Nabisco, Inc., a Delaware
corporation; Loews Corp., a Delaware corporation; Lorillard, Inc., a New York corporation; Lorillard
Tobacco Co., ( LTC ), a Delaware corporation; Brooke Group Ltd., a Delaware corporation; American
Brands, Inc., a Delaware corporation; Dosal Tobacco Corp., a Florida corporation; The American
Tobacco Company, a Delaware corporation; and Liggett Group Inc., a Delaware corporation, Appellees.
TEXT: BASKIN, Judge. We reverse the trial court s order dismissing class action allegations in
pla...rder of dismissal and remand the cause with instructions to reinstate the class action
allegations in the amended complaint. Reversed and remanded.
701-CITE: 438 So.2d 490 The MANORS OF INVERRARY XII CONDOMINIUM ASSOCIATION, INC., Appellant, v.
ATRECO-FLORIDA, INC., City of Lauderhill, Florida, et al., Appellees.
TEXT: DOWNEY, Judge. The issue involved in this appeal is whether the doctrine of governmental
imm...sts who are observed by the police to be intoxicated and who later are involved in accidents
causing substantial personal injuries to third parties.
702-CITE: 695 So.2d 667 LAKE COUNTY, Florida, etc., Petitioners, v. WATER OAK MANAGEMENT CORPORATION, et
al., Respondents.
TEXT: OVERTON, Justice. We have for review Water Oak Management Corp. v. Lake County, 673 So.2d
13...ety of the solid waste special assessment, even though this issue is not discussed in the
district court s opinion, and I would not address it here.
703-CITE: 602 So.2d 1245 Murphy H. GOODMAN, Appellant, v. BRASSERIA LA CAPANNINA, INC., et al.,
Appellees.
TEXT: McDONALD, Judge. We review Brasseria La Capannina, Inc. v. Goodman, 579 So.2d 193 (Fla. 4th
...as constitutionally applied to the facts of this case. It is so ordered. SHAW, C.J., and
OVERTON, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
704-CITE: 687 So.2d 888 Fred M. CONE, Jr., individually, and in his capacity as Trustee of the Hugh F.
Culverhouse Trust, Petitioner, v. Joy McCann CULVERHOUSE, The Hugh F. Culverhouse Trust, Hugh F.
Culverhouse, Jr., Gay Culverhouse, and The Culverhouse Family Foundation, Inc., Respondents. Stephen
F. STORY and John M. Donlan, individually and in their capacity as Trustees of Hugh F. Culverhouse
Trust, Petitioners, v. Joy McCann CULVERHOUSE, The Hugh F. Culverhouse Trust, Hugh F. Culverhouse,
Jr., Gay Culverhouse, and The Culverhouse Family Foundations, Inc., Respondents. Fred M. CONE, Jr.,
individually, and as a Partner of Cone, Purcell & Flanagan, P.A., and Cone, Purcell & Flanagan,
P.A., Petitioners, v. Joy McCann CULVERHOUSE, Respondent.
TEXT: ALTENBERND, Judge. In this opinion, we consolidate three petitions for writ of certiorari
th... to determine whether the documents contain communications that fit within the common interest
exceptions. DANAHY, A.C.J., and WHATLEY, J., concur.
705-CITE: 542 So.2d 371 George A. CASAVAN, et al., Appellants Cross Appellees, v. LAND O LAKES REALTY,
INC., OF LEESBURG, et al., Appellees Cross Appellants.
TEXT: ORFINGER, Judge. After a real estate transaction between the Carharts, as sellers, and the
C...ason Company of Tampa, Inc., 480 So.2d 651, 652 (Fla. 2d DCA 1985); Secrist v. National Service
Industries, Inc., 395 So.2d 1280 (Fla. 2d DCA 1981).
706-CITE: 667 So.2d 921 SANDPIPER HOMEOWNERS ASSOCIATION, INC., Appellant, v. LAKE YALE CORP., etc., et
al., Appellees.
TEXT: GOSHORN, Judge. Sandpiper Homeowners Association, Inc. ( the Association ) appeals from the
...ts legislative authority can be resolved as long as the PSC s inverted rate structure remains
intact. REVERSED. W. SHARP and GRIFFIN, JJ., concur.
707-CITE: 696 So.2d 498 Lynda Russell SCHROEDER and Mark Stenstrom, etc., Appellants, v. Joyce F.
JOHNSON, Appellee.
TEXT: COBB, Judge. The appellee, Joyce Johnson, filed her complaint below seeking a declaratory
ju... parties intentions should be followed in this case and the trial judge should be affirmed on
his construction of the successive renewal provisions.
708-CITE: 711 So.2d 1255 COMPTECH INTERNATIONAL, INC., a Florida corporation, Appellant, v. MILAM
COMMERCE PARK, LTD., a Florida limited partnership and D & M Modeling, Inc., a dissolved Florida
corporation. Appellees.
TEXT: ON MOTION FOR REHEARING GERSTEN, Judge. We withdraw our previously issued opinion and
subst...lectric, Inc., No. 97-1412, 710 So.2d 195 (Fla. 5th DCA 1998), and certified conflict with
this panel s previously released opinion to the contrary.
709-CITE: 660 So.2d 300 Richard GOLDMAN and Patricia Goldman, Appellants, v. STATE FARM FIRE GENERAL
INSURANCE COMPANY, a foreign corporation, Appellee.
TEXT: RIVKIND, LEONARD, Associate Judge. Appellants, plaintiffs below, appeal from a final
summary...llants noncompliance precludes an action on the policy regardless of a showing of
prejudice by the insurer. AFFIRMED. DELL and POLEN, JJ., concur.
710-CITE: 466 So.2d 1055 In re ESTATE OF Holly E. GAINER, Deceased. Carol GAINER, Individually and as
Personal Representative of the Estate of Holly E. Gainer, Appellant, v. Dorothy DORAN and Mary
Adams, Appellees.
TEXT: ALDERMAN, Justice. Carol Gainer appeals the decision of the District Court of Appeal, Fifth
...at the legislature will act to correct its oversight. *1061 In my opinion the district court of
appeal was correct and I would affirm its decision.
711-CITE: 700 So.2d 38 ALAFAYA SQUARE ASSOCIATION, LTD., etc., Appellant, v. GREAT WESTERN BANK, etc.,
et al., Appellee.
TEXT: ON MOTION FOR REHEARING AND OR EN BANC REVIEW ANTOON, Judge. Appellees have filed a motion
...s, the value of the property was less than the outstanding debt. I would affirm the trial court.
GRIFFIN, C.J., and COBB and W. SHARP, JJ., concur.
712-CITE: 556 So.2d 1197 CENVILL INVESTORS, INC., etc., et al., Appellants Cross Appellees, v.
CONDOMINIUM OWNERS ORGANIZATION OF CENTURY VILLAGE EAST, INC., etc., et al., Appellees Cross
Appellants.
TEXT: HERSEY, Chief Judge. This litigation arose from a controversy between appellants as lessors
...organizations such as COOCVE in the definition of association for purposes of obtaining relief
under section 718.401(4)(a), Florida Statutes (1987).
713-CITE: 583 So.2d 744 TALLAHASSEE FURNITURE COMPANY, INC., a Florida corporation, Appellant, v.
Elizabeth Holland HARRISON, Appellee.
TEXT: SMITH, Judge. Appellant, Tallahassee Furniture Company, Inc., appeals from a jury verdict
fin...t further discussion. *765 met the standard of extreme misconduct contemplated by White
Construction Co. v. Dupont, 455 So.2d 1026, 1029 (Fla.1984).
714-CITE: 752 So.2d 42 FRIENDS OF NASSAU COUNTY, INC., Sherry Bevis, Charles E. Commander, and David A,
Theriaque, Appellants, v. NASSAU COUNTY, Florida, St. Johns River Water Management District, and
Fisher Development Company, Appellees.
TEXT: BENTON, J. Friends of Nassau County, Inc., (Friends) and Sherry Bevis, Friends president
and...easons, I conclude that the administrative law judge did not abuse her discretion by imposing
sanctions under section 120.57(1)(b)5. I would affirm.
715-CITE: 553 So.2d 1203 Ronald J. SCHULTZ, as Property Appraiser of Pinellas County, Florida, and Randy
Miller, as Executive Director of the Department of Revenue of the State of Florida, Appellants, v.
TM FLORIDA-OHIO REALTY LTD. PARTNERSHIP, an Ohio Limited Partnership, authorized and doing business
in Florida, Appellee.
TEXT: LEHAN, Acting Chief Judge. The Property Appraiser of Pinellas County contends on appeal
that...igure. Whether or not such an assessment was proper is the determinative aspect of this case
which in my view the certified question should reflect.
716-CITE: 528 So.2d 376 Joanna SGUROS, Personal Representative of the Estate of Peter Louis Sguros,
deceased, for the benefit of Joanna Sguros, surviving spouse, and the Estate of Peter Louis SGUROS,
individually, Appellant, v. BISCAYNE RECREATION DEVELOPMENT COMPANY, a Florida corporation,
Appellee.
TEXT: ON MOTION FOR REHEARING GRANTED The opinion of this court, filed on August 4, 1987, is
withd...fore follows that the entry of the summary judgment for the defendant BRD based on the
impact doctrine was entirely inappropriate. I would reverse.
717-CITE: 496 So.2d 204 CITY OF JACKSONVILLE, Appellant, v. Lowell Kent HORN and Juanita Horn,
Appellees.
TEXT: SMITH, Judge. The City of Jacksonville appeals a final judgment enjoining the city from
exer...ient proof of use of the roadway so as to prevent the operation of the exception to the
statute. AFFIRMED. BOOTH, C.J., and WENTWORTH, J., concur.
718-CITE: 436 So.2d 937 Donald CRIGGER and Elaine Crigger, Appellants, v. FLORIDA POWER CORPORATION,
Appellee.
TEXT: COWART, Judge. This case involves the allegations and proof essential to establish a
prescri...permission has no more legal significance than would permission from a complete stranger
having no interest in the land whatsoever. I would affirm.
719-CITE: 747 So.2d 395 TOWN OF JUPITER, a municipal corporation, Appellant, v. Michele ALEXANDER, as
Trustee, Appellee.
TEXT: WARNER, Judge. This is the second appearance of this case in our court. In Alexander v.
Town...d reverse for entry of a partial final judgment in favor of the Town on the takings issue and
remand for further proceedings on the remaining claim.
720-CITE: 693 So.2d 1126 Dawn RABON, Appellant, v. INN OF LAKE CITY, INC., Appellee.
TEXT: VAN NORTWICK, Judge. Dawn Rabon, who slipped and fell while performing her duties as a
secur...with this opinion. WOLF, J., concurs. BOOTH, J., dissents. BOOTH, Judge, dissenting. I
respectfully dissent and would affirm the judgment below.
721-CITE: 600 So.2d 1159 JACKSONVILLE PORT AUTHORITY, a Florida corporation, Appellant, v. ALAMO
RENT-A-CAR, INC., a Florida corporation, Appellee.
TEXT: WIGGINTON, Judge. The Jacksonville Port Authority (JPA) brings this appeal from a final
decl...ing that the user fee is an unlawful tax as not authorized by the JPA Charter, and that
holding is hereby REVERSED. SMITH and WEBSTER, JJ., concur.
722-CITE: 462 So.2d 849 Carole Emerson ROYAL and James Thornton Royal, Appellants, v. Annie Chitty
PARADO, Appellee.
TEXT: SMITH, Judge. Appellants seek reversal of a final judgment rescinding a quitclaim deed and
q...ing such further proceedings and entering such further or amended order or judgment as may be
necessary to balance the equities between the parties.
723-CITE: 711 So.2d 1135 DENI ASSOCIATES OF FLORIDA, INC., Petitioner, v. STATE FARM FIRE & CASUALTY
INSURANCE COMPANY, Respondent. E.C. FOGG, III, et al., Petitioners, v. FLORIDA FARM BUREAU MUTUAL
INSURANCE COMPANY, Respondent.
TEXT: GRIMES, Senior Justice. We review State Farm Fire & Casualty Insurance Co. v. Deni
Associate... Farm. OVERTON, J., concurs. ------------ (FN5) Ch. 376, Fla.Stat. (1995);
Fla.Admin.Code., R. 38I-30.003. (FN6) Ch. 487, Part I, Fla.Stat. (1995).
724-CITE: 667 So.2d 942 James B. CLAYTON, Appellant, v. SCHOOL BOARD OF VOLUSIA COUNTY, Appellee.
TEXT: HARRIS, Judge. This case requires that we review the holding in North Broward Hospital
Distr...roperty, I conclude that disposition of this appeal must turn on the fact that Clayton
lacked standing to pursue the underlying action for mandamus.
725-CITE: 502 So.2d 446 STATE of Florida, Appellant, v. Carlos Franco SUCO, Appellee.
TEXT: HUBBART, Judge. This is an appeal by the state from an order suppressing, in part, certain
e...above clarification, then, as to the invited guest aspect of this case, we adhere to our
original opinion and deny the state s motion for rehearing.
726-CITE: 748 So.2d 993 Dwayne HAWKINS and Millard G. Ripley, Appellants, v. FORD MOTOR COMPANY,
Appellee.
TEXT: LEWIS, J. We have for review a question of Florida law certified by the United States Court
...nth Circuit. It is so ordered. HARDING, C.J. SHAW, ANSTEAD and PARIENTE; JJ., and OVERTON and
KOGAN, Senior Justices, concur. WELLS, J., recused.
727-CITE: 457 So.2d 467 FIRST AMERICAN TITLE INSURANCE COMPANY, INC., Petitioner, v. FIRST TITLE SERVICE
COMPANY OF THE FLORIDA KEYS INC., Respondent.
TEXT: BOYD, Justice. This cause is before the Court on petition for review of a district court of
...ur. ADKINS, Justice, Dissenting: I would not modify the rule in Sickler v. Indian River
Abstract & Guaranty Co., 142 Fla. 528, 195 So. 195 (1940).
728-CITE: 558 So.2d 9 FIRST FLORIDA BANK, N.A., etc., Petitioner, v. MAX MITCHELL & COMPANY, et al.,
Respondents.
TEXT: GRIMES, Judge. We review First Florida Bank v. Max Mitchell & Co., 541 So.2d 155, 157 (Fla.
... appeal and remand the case for further proceedings. It is so ordered. EHRLICH, C.J., and
OVERTON, McDONALD, SHAW, BARKETT and KOGAN, JJ., concur.
729-CITE: 498 So.2d 659 DOCTOR S BUSINESS SERVICE, INC. and General Accident Insurance Company,
Appellants, v. Barbara S. CLARK, Appellee.
TEXT: ON REHEARING EN BANC SMITH, Judge. Upon motion of appellee, Barbara S. Clark, the court
has...mployees who are injured going to and from work and the nearest parking area. El Sirocco
Motor Inn, Inc. v. Prekop, 207 So.2d 434, 435 (Fla.1968).
730-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.
731-CITE: 717 So.2d 72 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, Appellant, v. CONSOLIDATED-TOMOKA LAND
CO.; Indigo Development Group Inc.; Indigo Group Inc.; Indigo Group Ltd.; Patricia Lagoni as Trustee
of Trust Nos. IDI-2, IDI-3 and IDI-4; Seaview Development Corp.; Leroy E. Folsom; James S.
Whiteside, Jr., and Joan W. Whiteside; Susan Spear Root; Susan R. Graham and Chapman J. Root, II,
Trustees of the Chapman S. Root 1982 Living Trust; Daniel P.S. Paul, Individually and as Trustee of
the Daniel P.S. Paul Charitable Remainder Trust; Ava And Rufus, Inc.; Samuel P. Bell, III and Anne
Moorman Reeves, as Tenants in Common, Appellees.
TEXT: PADOVANO, Judge. The St. Johns River Water Management District appeals a final order by an
a...systems, and riparian wildlife. Therefore, we reverse the decision of the administrative law
judge. Reversed. BOOTH and VAN NORTWICK, JJ., concur.
732-CITE: 567 So.2d 461 STATE of Florida, Appellant, v. Patricia PARRISH and Jacqueline Paige Parrish,
Appellees.
TEXT: JOANOS, Judge. The state appeals an order of the trial court which dismissed an information
...arent policy of inertia, or action only on request in such cases, appears to me excusable in the
context of the particular offense. I would reverse.
733-CITE: 530 So.2d 1011 Gerald Kip GEDDES, Appellant Cross Appellee, v. Gudrun Margrit GEDDES, Appellee
Cross Appellant.
TEXT: ANSTEAD, Judge. This is an appeal from a final judgment of dissolution of marriage. The
appe...the First District--are automatically deprived of support when they reach 18, even if still
in high school and totally dependent upon their parents.
734-CITE: 612 So.2d 669 The HASKELL COMPANY and Service Merchandise Company, Inc., Appellants, v. The
LANE COMPANY, LTD., Appellee. The HASKELL COMPANY and H.J. Wilson Company, Inc., Appellants, v. The
LANE COMPANY, LTD., Appellee,
TEXT: WEBSTER, Judge. In these consolidated appeals, each of the appellants seeks review of a
summ... persons on the land. Sound public policy requires disclosure in both residential and
commercial transactions where such dangerous conditions exist.
735-CITE: 511 So.2d 384 Richard E. GORDON, Jr., et al., Appellants, v. ETUE, WARDLAW & CO., P.A., James
E. Etue, and Stuart C. Wardlaw, Appellees.
TEXT: WIGGINTON, Judge. Before us is an appeal from an order dismissing with prejudice counts II,
...time now to reexamine carefully all privity barriers, particularly those judicially erected to
exempt independent public accountants from liability.
736-CITE: 616 So.2d 1070 PENINSULA FEDERAL SAVINGS AND LOAN ASSOCIATION, n k a Intercontinental Bank, et
al., Appellants, v. DKH PROPERTIES, LTD., a Florida Limited Partnership, et al., Appellees.
TEXT: COPE, Judge. On consideration of the motions for rehearing, we withdraw the opinion dated
No...cial value of what he is offering outweighs any probative value since it has no probative value
because they admit it was not even an issue in 1986.
737-CITE: 440 So.2d 570 Leo Alexander JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: ADKINS, Judge. This is an appeal from a judgment of the Fourth Judicial Circuit, Duval
Count...the sentence imposed by the trial court are affirmed. It is so ordered. *580 ALDERMAN,
C.J., and BOYD, OVERTON, McDONALD and EHRLICH, JJ., concur.
738-CITE: 589 So.2d 260 Lawton CHILES, etc., et al., Appellants, v. CHILDREN A, B, C, D, E, and F, etc.,
Appellees.
TEXT: BARKETT, Justice. We have for review the order of the Eleventh Judicial Circuit, in and for
...ect to all of the laws relative to the budget process. I would reverse the decision under review
and find the statutes under review constitutional.
739-CITE: 714 So.2d 1070 James PAGE, in his capacity as Property Appraiser for Nassau County, Florida;
Gwendolyn M. Miller, in her for Nassau County, Florida; and L.H. Fuchs, in his capacity as Executive
Director of the Florida Department of Revenue, Appellants, v. CITY OF FERNANDINA BEACH, a municipal
corporation, Appellee.
TEXT: BENTON, Judge. This case raises questions about the amenability to ad valorem taxation of
ce...roperty appraiser testified at trial that he ceased to assess the airport property as taxable
after the legislative amendment in 1993. (R. 720-721).
740-CITE: 497 So.2d 1188 STATE of Florida, et al., Appellants, v. Wade POWELL, et ux., et al.,
Appellees.
TEXT: OVERTON, Justice. This is a petition to review a circuit court order finding
unconstitutiona...resent and readily available to grant or deny consent. Is that the legislative
intent? The trial court should hear arguments and address this point.
741-CITE: 576 So.2d 322 HOLIDAY INNS, INC., Hospitality Venture, a Texas joint venture of Vista
Management, Inc., a Texas corporation, and Leisure Dynamics, Inc., a Texas corporation, and The
Insurance Company of North America, Appellants Cross Appellees, v. Robert SHELBURNE, Lewis Friend,
State Farm Insurance Co., Danny Mullin d b a Aristocrat Security Company, Lester Carter and Wayne
Bennett, Appellees Cross Appellants. HOLIDAY INNS, INC., Hospitality Venture, a Texas joint venture
of Vista Management, Inc., a Texas corporation, and Leisure Dynamics, Inc., a Texas corporation, and
the Insurance Company of North America, Appellants Cross Appellees, v. G. Julius RICE, as Personal
Representative of the Estate of David Lamar Rice, deceased, G. Julius Rice, individually and Evelyn
Rice, individually, Lewis Friend State Farm Insurance Co., Danny Mullin d b a Aristocrat Security
Company, Lester Carter and Wayne Bennett, Appellees Cross Appellants.
TEXT: OPINION ON REHEARING HERSEY, Chief Judge. Appellants motion for rehearing is granted and
ou...ED AND AN INVITEE IS INJURED IN THAT EXTENDED AREA, CAN THE INVITOR BE LIABLE UNDER A
NEGLIGENCE THEORY? AFFIRMED. DELL and GUNTHER, JJ., concur.
742-CITE: 702 So.2d 1273 Manuel RAIMI, Individually and as Co-Personal Representative and Trustee of the
Evelyn S. Gruber Last Will and Testament and Evelyn S. Gruber Revocable Trust Both Dated July 8,
1994; Renee Raimi and Frieda Pantzer, SunTrust f k a SunBank Miami, N.A.; Theresa Heidel,
Individually and as an Officer of SunBank Miami, N.A., Lucille Clum, Individually and as Vice
President and Trust Officer of SunBank Miami, N.A.; Ida Raimi and Edward L. Schultz, Appellants, v.
Estelle G. FURLONG, Appellee.
TEXT: GREEN, Judge. This is a consolidated appeal of five appeals from an adverse final judgment
e...edent s last executed will and amendment thereto, The Barash Will and Amended Trust, be admitted
to probate. Reversed and remanded with directions.
743-CITE: 546 So.2d 410 Denis RETY, Appellant Cross Appellee, v. Arthur GREEN and Southern Commodity
Corporation, Appellees Cross Appellants.
TEXT: HUBBART, Judge. This is an appeal by the plaintiff Denis Rety from two post-trial orders
ent... and Eassa decisions cannot possibly govern this case. The defendant s motions for rehearing
are denied; we decline to grant the remaining motions.
744-CITE: 561 So.2d 278 STATE of Florida, Appellant, v. Tom Franklin SAWYER, Appellee.
TEXT: RYDER, Acting Chief Judge. The State of Florida challenges two trial court orders which
gran...ting the motion in limine is denied; and the matter is remanded for further proceedings.
PATTERSON, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
745-CITE: 480 So.2d 1366 SHANDS TEACHING HOSPITAL AND CLINICS, INC., Appellant, v. Rebecca SMITH,
Appellee.
TEXT: PER CURIAM. Shands Teaching Hospital appeals the trial court s dismissal of its complaint
ag... of powers and our tripartite system of government. ------------ (FN79) 280 So.2d at 437-38.
(FN80) Id. at 438 (emphasis added). (FN81) Id. at 443.
746-CITE: 704 So.2d 633 Carol BERRY, as personal representative of the Estate of Roy Lee Berry, Jr.,
deceased, Appellant, v. CSX TRANSPORTATION, INC., Appellee. James CHRISCO, Appellant, v. CSX
TRANSPORTATION, INC., Appellee.
TEXT: VAN NORTWICK, Judge. In these consolidated appeals, James Chrisco and Carol Berry, as
person...ies, 22 Am. J. Indus. Med. 325 (1992) Kurt Rasmussen, M.D., et al., Solvent-Induced
Chronic Toxic Encephalopathy, 23 Am. J. Indus. Med. 779 (1993)
