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 t