Phrase search :business contracts
Results 1-8433
1-CITE: 727 So.2d 1076 Roger STREHLOW and Michael D. Buttelman, Appellants, v. LEGEND EQUITIES
CORPORATION, Appellee.
TEXT: PER CURIAM. We reverse a temporary injunction that enforces the non-solicitation clauses of
...s the appellee asks. We find the reasoning and the result in that case to be sound. REVERSED AND
REMANDED. FARMER, GROSS and HAZOURI, JJ., concur.
2-CITE: 715 So.2d 1048 AMERICAN RESIDENTIAL SERVICES, INC., a Delaware corporation, and David R.
Prince, Appellants, v. EVENT TECHNICAL SERVICES, INC., a California corporation qualified to do
business in the State of Florida, Appellee.
TEXT: COPE, Judge. American Residential Services, Inc. and David R. Prince appeal a temporary
inju...ble confidential business or professional information that otherwise does not qualify as
trade secrets. Section 542.335(1)(b)2, Fla.Stat. Affirmed.
3-CITE: 503 So.2d 944 HENDRY CORPORATION, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION
and Atlantic Foundation Company, Inc., Appellees.
TEXT: THOMPSON, Judge. Hendry Corporation (Hendry) appeals a final order of the Department of
Tran...federal restrictions on DOT in the letting of contracts. We find no merit to the other
issues raised, and affirm. JOANOS and NIMMONS, JJ., concur.
4-CITE: 450 So.2d 572 Charles E. McDANIEL, Appellant, v. DEPARTMENT OF ADMINISTRATION, DIVISION OF
RETIREMENT, Appellee.
TEXT: THOMPSON, Judge. McDaniel appeals a non-final order denying his motion to dismiss appellee
s...racts. Accordingly, we affirm the denial of McDaniel s motion to dismiss for lack of personal
jurisdiction. ERVIN, C.J., and WIGGINTON, J., concur.
5-CITE: 460 So.2d 386 RUSTBROOK--S.C.B. (U.S.), INC., A Florida Corporation, Appellant, v. Walter
SAUERMANN, Appellee.
TEXT: LEHAN, Judge. A condominium developer has appealed a judgment for the buyer of a
condominium... Sauermann on either of the two grounds argued, we reverse and remand for proceedings
consistent herewith. RYDER, C.J., and SCHOONOVER, J., concur.
6-CITE: 682 So.2d 703 SWISSCO PROPERTIES, Appellant Cross-Appellee, v. HECTOR VERDI, et al., Appellees
Cross-Appellants.
TEXT: PER CURIAM. Swissco seeks the full amount of liquidated damages provided for in two
contract...firm the award of attorneys fees, as substantial justice was done by the trial court.
Affirmed in part; reversed in part; remanded with directions.
7-CITE: 526 So.2d 1050 Patrick T. ALLEN and Jerry B. Schreiber, Appellants, v. Steven M. ROSEN,
Appellee.
TEXT: DANIEL S. PEARSON, Judge. Allen and Schreiber, the plaintiffs below, appeal from an order
di...itor Brulz, it is enforceable even though not in writing, and the plaintiff s complaint states
a cognizable cause of action. Reversed and remanded.
8-CITE: 731 So.2d 160 M & J ENTERPRISES OF MIAMI, INC. d b a Live Shot Productions, Appellant, v.
Theodore OUTLER, James R. Mann, P.A., and Bruce Lower Laurence, Appellees.
TEXT: PER CURIAM. M & J Enterprises of Miami, Inc., doing business as Live Shot Productions,
appea...eversible error in any of the other points on appeal. Affirmed in part, reversed in part,
and remanded for further proceedings consistent herewith.
9-CITE: 584 So.2d 176 JETBORNE INTERNATIONAL, INC., a Delaware corporation, Appellant, v. Allan N.
COHAN, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Jetborne International, Inc. from a
temporary...11 S. Williston, A Treatise on the Law of Contracts Section 1423 (3d ed.1968); 5A A.
Corbin, Corbin on Contracts Sections 1204-09 (1964). Reversed.
10-CITE: 463 So.2d 314 SUNTIDE CONDOMINIUM ASSOCIATION, INC., Appellant, v. DIVISION OF FLORIDA LAND
SALES AND CONDOMINIUMS, DEPARTMENT OF BUSINESS REGULATION, Appellee.
TEXT: ZEHMER, Judge. Suntide Condominium Association appeals a final order of the Division of
Land...perly impair any obligation of contract and is not constitutionally invalid as applied in
this case. AFFIRMED. ERVIN, C.J., and BOOTH, J., concur.
11-CITE: 710 So.2d 120 SUN COAST HOME CARE, INC., Appellant, v. STATE of Florida, DEPARTMENT OF
INSURANCE, Appellee.
TEXT: ALTENBERND, Judge. Sun Coast Home Care, Inc. (Sun Coast), appeals a declaratory statement
is...the record contains no competent, substantial evidence to support the declaration. Reversed
and remanded. CAMPBELL, A.C.J., and GREEN, J., concur.
12-CITE: 705 So.2d 720 Raymond Leslie THORP, Jr., Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, etc., Appellee.
TEXT: PER CURIAM. AFFIRMED. See Walker v. Florida Department of Business and Professional
Regulati...ee Walker v. Florida Department of Business and Professional Regulation, 705 So.2d 652
(Fla. 5th DCA 1998). DAUKSCH, COBB and GOSHORN, JJ., concur.
13-CITE: 484 So.2d 1328 Harvey BURTON d b a Investment Funding Associates, Appellant, v. MERRITTS
PROPERTIES, LTD., a United Kingdom corporation, and A.L.R. Morton, Appellees.
TEXT: NESBITT, Judge. Harvey Burton, doing business as Investments Funding Associates, the real
es...act was void from its inception. In any event, the effect the failure to deposit had on a
brokerage agreement was not involved in Countywide Realty.
14-CITE: 741 So.2d 1173 WESTERN DIVERSIFIED SERVICES, INC., Appellant, v. BOB DANCE DODGE, INC., etc.,
et al., Appellees.
TEXT: GRIFFIN, J. Western Diversified Services, Inc. ( WDS ) appeals a final judgment entered in
f...the benefit of the non-terminating party;. the writing requirement was waivable by WDS.
REVERSED and REMANDED. PETERSON and THOMPSON, JJ., concur.
15-CITE: 724 So.2d 157 Lucien LALLOUZ, Appellant, v. D.E.T. CARD, L.C., d b a Gusto Marketing Services,
Appellee.
TEXT: PER CURIAM. Lucien Lallouz, the defendant below, appeals from a nonfinal order denying his
m...nt, or so much of it as is referred to, is to interpreted as part of the writing. ). We find no
merit in the remaining points on appeal. AFFIRMED.
16-CITE: 447 So.2d 322 Jacky B. STRICKLAND, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Chief Judge. Appellant was charged in the same information with one count of grand
th...y s use of charts prepared by the state can only be deemed harmless. Accordingly, appellant s
sentence is AFFIRMED. BOOTH and ZEHMER, JJ., concur.
17-CITE: 557 So.2d 908 ROBINSON & ST. JOHN ADVERTISING AND PUBLIC RELATIONS, INC., Appellant, v. Jan
LANE, a k a Jan Lane Silcox, a k a Jan Silcox, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from a final judgment which absolved
appelle... appellee is liable on the contracts entered into with appellant. Accordingly, the trial
court s order is reversed. JOANOS and ALLEN, JJ., concur.
18-CITE: 455 So.2d 640 Frank M. WILLIAMS, M.D., Appellant Cross-Appellee, v. DOLPHIN REEF, LTD., etc.,
Appellee Cross-Appellant.
TEXT: SCHOONOVER, Judge. Appellant, Frank M. Williams, M.D., has appealed from a final judgment
en... of costs and for the assessment of a reasonable attorney s fee. We affirm the judgment in all
other respects. GRIMES, A.C.J., and OTT, J., concur.
19-CITE: 498 So.2d 657 Michael FITZGERALD, Lynn Fitzgerald, Philip Fitzgerald, Dorothy Elliott, Howard
Gitlan and Barbara Gitlan, Appellants, v. WESTINGHOUSE CREDIT CORPORATION, a foreign corporation,
Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order denying a transfer of venue from Orange to
B...anded to the trial court with directions to order the case transferred to Broward County.
REVERSED and REMANDED. ORFINGER and COWART, JJ., concur.
20-CITE: 446 So.2d 1138 LAUREN, INC., d b a Ace Saxon Mar-Tab Vending Company, Appellant, v. MARC &
MELFA, INC. d b a Hunter s Lounge, and Gary Melfa, Appellees.
TEXT: HUBBART, Judge. The plaintiff Lauren, Inc. d b a Ace Saxon Mar-Tab Vending Company [Lauren]
...itted) (emphasis added) The judgment under review is therefore reversed and the cause is
remanded for further proceedings. Reversed and remanded.
21-CITE: 508 So.2d 1274 ACTON CATV, INC., Appellant, v. WILDWOOD PARTNERS, LTD., Appellees.
TEXT: COWART, Judge. Appellee, Wildwood Partners, Ltd., a New Jersey limited partnership, entered
...ral Arbitration Act. We also uphold the trial court s order awarding Wildwood $1,000 in fees and
costs. AFFIRMED. ORFINGER and SHARP, JJ., concur.
22-CITE: 460 So.2d 464 Nelson KUSNER and Manmex, Inc., a Texas corporation, and NK Industries, Inc.,
Appellants, v. AMERICAN MINERALS, INC., Appellee.
TEXT: PER CURIAM. We reverse the preliminary injunction under review (FN1) because the
non-competi...sentative, are entirely inseparable as parties to the contract and that Kusner thus
may not be considered a salesman of Manmex under paragraph 7(c).
23-CITE: 451 So.2d 990 INDIAN PINES, INC., Appellant, v. Paula B. PUTNAM, Appellee.
TEXT: COLEMAN, T.P., Associate Judge. The sole issue raised in this appeal is whether the trial
co...gment in favor of the appellee, and reverse that judgment for proceedings consistent with this
opinion. REVERSED. DAUKSCH and COWART, JJ., concur.
24-CITE: 522 So.2d 500 Terence M. BROWN, Appellant, v. LARKIN & SHEA, P.A., Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order granting summary judgment on the issue
...summary judgment. The order appealed is reversed and the cause remanded for further proceedings
on the complaint. MILLS and BARFIELD, JJ., concur.
25-CITE: 632 So.2d 277 AMERICAN DIVE CENTER, INC., Appellant, v. STATE of Florida, DEPARTMENT OF
TRANSPORTATION, Appellee.
TEXT: PER CURIAM. This is an appeal by a business owner challenging a final summary judgment
denyi...how that DOT is *279 entitled to prevail on this issue under the facts of this case. See
Hicks. REVERSED. HERSEY, POLEN and STEVENSON, JJ. concur.
26-CITE: 500 So.2d 583 J.R. BRUCE CORPORATION, a Florida Corporation, Appellant, v. Alvah Drew RAMSEY,
Yolanda J. Ramsey, Robert Diez and Steve Calderoni, d b a Ram Shores, Appellees.
TEXT: LEHAN, Judge. We reverse a final judgment which determined that the appellant was not
entitl...nt is entitled to a return of its deposits. Reversed and remanded for proceedings
consistent herewith. GRIMES, A.C.J., and SCHOONOVER, J., concur.
27-CITE: 710 So.2d 197 Thomas G. COMERFORD, Appellant, v. SUNSHINE NETWORK, etc., et al., Appellees.
TEXT: PER CURIAM. Thomas G. Comerford [ Comerford ] filed an action below to recover commissions
h...imately be appropriate in this case, but it is premature at this time. REVERSED and REMANDED.
GRIFFIN, C.J., and W. SHARP and HARRIS, JJ., concur.
28-CITE: 681 So.2d 871 Latrell B. SMITH, Appellant, v. SEARS, ROEBUCK & CO., Appellee.
TEXT: PER CURIAM. Latrell B. Smith appeals a final judgment in favor of Sears, Roebuck & Co.,
appe...favor of Sears are supported by competent and substantial evidence. Accordingly, we affirm.
AFFIRMED. BOOTH, BENTON and VAN NORTWICK, JJ., concur.
29-CITE: 637 So.2d 47 CHARLES E. BURKETT AND ASSOCIATES, INC., Appellant, v. DEPARTMENT OF
TRANSPORTATION, Appellee.
TEXT: HARRIS, Chief Judge. The issue in this case is the validity of the rules of the Department
o... seeking MBE certification, it may have the salutary effect of removing some of the latent bias
that can exist in these governmentally run programs.
30-CITE: 473 So.2d 791 STAR ISLAND ASSOCIATES, a Florida general partnership; KSP Associates, a Florida
general partnership; Star Island Investments, Inc., a Florida corporation; Koscow Corporation, a
Florida corporation; Sun Bay Homeowners, Inc., a Florida corporation and Peninsula Development &
Investment Corporation, a Florida corporation, Appellants, v. Donald LICHTER and Donaldson Homes, a
Florida corporation, Appellees.
TEXT: DANAHY, Judge. The appellants are the developers of a condominium project known as Sailboat
...tions that prejudgment interest be recalculated as set forth herein. AFFIRMED IN PART AND
REVERSED IN PART. SCHEB, A.C.J., and LEHAN, JJ., concur.
31-CITE: 677 So.2d 78 CYN-CO, INC., d b a Mr. First Aid Life & Safety Service Company, Appellant, v.
Jan LANCTO and Armchem International Corporation, Appellees.
TEXT: PARKER, Acting Chief Judge. Cyn-co, Inc., d b a Mr. First Aid Life and Safety Service
Compan...A and QUINCE, JJ., concur. ------------ (FN1) Cyn-co concedes in its brief that it is not
contesting the dismissal of its complaint against Armchem.
32-CITE: 696 So.2d 1316 Johnathan S. ALLEN, D.V.M., Appellant, v. DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION, Appellee.
TEXT: PER CURIAM. AFFIRMED. See Borrego v. Agency for Health Care Admin., 675 So.2d 666 (Fla. 1st
... PER CURIAM. AFFIRMED. See Borrego v. Agency for Health Care Admin., 675 So.2d 666 (Fla. 1st DCA
1996). ERVIN, KAHN and VAN NORTWICK, JJ., concur.
33-CITE: 458 So.2d 1230 Eddie Lee PITTMAN d b a Eddie s Dive Inn, Appellant, v. DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellee.
TEXT: PER CURIAM. Affirmed. Lash, Inc. v. State of Florida, Department of Business Regulation,
Div...d. Lash, Inc. v. State of Florida, Department of Business Regulation, Division of Alcoholic
Beverages and Tobacco, 411 So.2d 276 (Fla. 3d DCA 1982).
34-CITE: 452 So.2d 113 Leon DRIGGERS, Appellant, v. Hattie DRIGGERS, Appellee.
TEXT: PER CURIAM. The husband appeals a final judgment of dissolution awarding the wife his
intere... without merit. The award to the wife of the husband s interest in the bait and tackle
business is AFFIRMED. MILLS, SMITH and NIMMONS, JJ., concur.
35-CITE: 461 So.2d 188 S.N.W. CORP., P.N.W. Corp. and K.N.W. Corp., Appellants, v. Norman HAUSER and
Judith B. Hauser, his wife, Appellees.
TEXT: DELL, Judge. Appellants, the sellers of two condominium units, appeal from a final judgment
...we reverse the trial court s judgment awarding appellees damages in the amount of $38,700 plus
interest. REVERSED. HURLEY and WALDEN, JJ., concur.
36-CITE: 520 So.2d 269 THE FLORIDA BAR, Complainant, v. Donald F. WRIGHT, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before the Court upon the complaint of The
Flori...1,113.95, for which sum let execution issue. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
37-CITE: 450 So.2d 1157 SKYLIGHT CORPORATION d b a The Blue Room Lounge, Appellant, v. STATE of
Florida, DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellee.
TEXT: PER CURIAM. Affirmed. See Lash, Inc. v. Department of Business Regulation, 411 So.2d 276
(Fl...ation, 411 So.2d 276 (Fla. 3d DCA 1982); Pauline v. Lee, 147 So.2d 359 (Fla. 2d DCA 1962).
CAMPBELL, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.
38-CITE: 723 So.2d 341 William H. PRUETT, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, etc., Appellee.
TEXT: PER CURIAM. AFFIRMED. See Walker v. Florida Department of Business and Professional
Regulati...e Walker v. Florida Department of Business and Professional Regulation, 705 So.2d 652
(Fla. 5th DCA 1998). COBB, GOSHORN and THOMPSON, JJ., concur.
39-CITE: 562 So.2d 419 COMMUNICATIONS STATIONS OF BROWARD, INC., Appellant, v. Joan DECKER, etc., et
al., Appellees.
TEXT: DOWNEY, Judge. Appellant sued appellees and Kelcor Communications, Inc., in a five-count
com...nd remand the cause for further proceedings, including leave to amend the complaint if
appellants choose to do so. ANSTEAD and WALDEN, JJ., concur.
40-CITE: 572 So.2d 519 Edward W. JONES, Sr., et al., Appellants, v. STERILE PRODUCTS CORPORATION, etc.,
Appellee.
TEXT: W. SHARP, Judge. Edward Jones and Sterile Assembly Systems, Inc. (SAS) appeal from a final
s...ing and proof, judgment should be entered for appellants on all counts. REVERSED and REMANDED.
COBB, J., and DANIEL, C.W., Judge, Retired, concur.
41-CITE: 649 So.2d 275 Robert BAKERMAN, Appellant, v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF
PARI-MUTUEL WAGERING, Appellee.
TEXT: PER CURIAM. Robert Bakerman appeals an order of the Department of Business Regulation,
Divis... State, Dep t of Business Regulation, Div. of Pari-Mutuel Wagering, 431 So.2d 603 (Fla. 3d
DCA 1983); Section 550.2415, Fla.Stat. (1993). Affirmed.
42-CITE: 449 So.2d 306 POINT MANAGEMENT, INC., Appellant, v. DEPARTMENT OF BUSINESS REGULATION,
DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, Appellee.
TEXT: BERANEK, Judge. This is a condominium controversy of major proportions in that it involves
a...roceedings with directions that the initial administrative order to show cause be dismissed.
REVERSED AND REMANDED. DOWNEY and LETTS, JJ., concur.
43-CITE: 734 So.2d 603 EMERALD COAST HOUSING, d b a, Royale Apartments, Appellant, v. STATE of Florida,
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, Appellee.
TEXT: PER CURIAM. We elect to treat appellee s motion to relinquish jurisdiction as a confession
o...ession of error. The final order is hereby reversed *604 and the cause is remanded for further
proceedings. JOANOS, KAHN and PADOVANO, JJ., concur.
44-CITE: 461 So.2d 1011 GRAPHIC ASSOCIATES, INC., a Florida corporation, Petitioner, v. RIVIANA
RESTAURANT CORPORATION, a Florida corporation, Respondent.
TEXT: HERSEY, Judge. The petition for writ of certiorari under consideration seeks to limit
discov...ilizing the guidelines that we have here established. CERTIORARI GRANTED, ORDER QUASHED,
CASE REMANDED. ANSTEAD, C.J., and GLICKSTEIN, J., concur.
45-CITE: 519 So.2d 1030 DEPARTMENT OF REVENUE, Appellant, v. IMPERIAL BUILDERS & SUPPLY, INC. Appellee.
TEXT: UPCHURCH, Chief Judge. The Department of Revenue, State of Florida, appeals a judgment in
fa...ent the department construes it as requiring direct purchase for use on a farm, adds and
unwarranted gloss not contemplated by section 212.08(5)(a).
46-CITE: 472 So.2d 494 FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF SEMINOLE COUNTY, etc., Appellant,
v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, Appellee.
TEXT: COWART, Judge. Appellant savings and loan association, as mortgagee, made convertible
constr...ncern expressed in Chotka v. Fidelco Growth Investors, 383 So.2d 1169 (Fla. 2d DCA 1980),
and in 1977 Op. Att y Gen. Fla. 077-13 (February 8, 1977).
47-CITE: 708 So.2d 589 THE FLORIDA BAR re Thomas R. SCHWARZ
TEXT: PER CURIAM. Thomas R. Schwarz, a member of The Florida Bar, has filed a petition in this
Cou...ordingly, we deny the petition. It is so ordered. KOGAN, C.J., OVERTON, SHAW, HARDING, WELLS
and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.
48-CITE: 472 So.2d 1380 CHICAGO TITLE INSURANCE COMPANY, Appellant, v. TITLE CONSULTANTS, INC. and
Marlie B. Smith, Appellees.
TEXT: PER CURIAM. Plaintiff Chicago Title Insurance Company appeals from various rulings of the
tr... Chicago may not be compensated twice for the same wrong. Reversed and remanded for a new
trial. RYDER, C.J., and CAMPBELL and LEHAN, JJ., concur.
49-CITE: 462 So.2d 839 VILLAGE ZOO, INC., Appellant, v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF
ALCOHOLIC BEVERAGES AND TOBACCO, Appellee.
TEXT: PER CURIAM. Affirmed. Although we agree with appellant that the penalty imposed upon it by
t...ention that the agency added any findings of fact inconsistent with the hearing officer s
findings. ANSTEAD, C.J., and LETTS and DELL, JJ., concur.
50-CITE: 434 So.2d 1027 DIRECT MAIL SPECIALIST, INC., a Mississippi corporation, Appellant, v. TERRA
MAR GROUP, INC., a Florida corporation, d b a Hideaway Sands Resort, and Hideaway Sands Resort,
Inc., a Florida corporation, Appellees.
TEXT: HOBSON, Acting Chief Judge. Direct Mail Specialist, Inc. (hereinafter Direct Mail ), a
Missi...ng the action, and remand for further proceedings not inconsistent with this opinion.
REVERSED and REMANDED. CAMPBELL and SCHOONOVER, JJ., concur.
51-CITE: 585 So.2d 374 ST. PAUL FIRE & MARINE INSURANCE COMPANY, Appellant, v. NAPLES COMMUNITY
HOSPITAL, INC., Appellee.
TEXT: PATTERSON, Judge. St. Paul Fire & Marine Insurance Company (St. Paul) appeals from the
summa...llier. Accordingly, we reverse the summary judgment entered in favor of Naples. Reversed
and remanded. SCHOONOVER, C.J., and CAMPBELL, J., concur.
52-CITE: 564 So.2d 173 DEPARTMENT OF REVENUE, Appellant, v. FLORIDA HOME BUILDERS ASSN., et al.,
Appellees.
TEXT: JOANOS, Judge. The Department of Revenue has appealed a non-final order granting partial
sum...titutional as to contracts entered into between May 1 and June 30, 1987. Affirmed in part and
reversed in part. WIGGINTON and ZEHMER, JJ., concur.
53-CITE: 548 So.2d 270 TERRANOVA CORPORATION, a Florida Corporation, as the authorized managing agent
for B & D Enterprises of Miami, Inc., a Florida Corporation, Appellant, v. Mark FRIED, Appellee.
TEXT: LEVY, Judge. A commercial landlord appeals the entry of an adverse final judgment in its
act...solution period. Accordingly, the Judgment is reversed and the case is remanded for further
proceedings consistent herewith. Reversed and remanded.
54-CITE: 520 So.2d 323 CHALLENGE AIR TRANSPORT, INC., Appellant, v. TRANSPORTES AEREOS NACIONALES,
S.A., Appellee.
TEXT: PER CURIAM. Challenge Air Transport, Inc. (Challenge), appeals from a final summary
judgment...lenge remain disputed issues precluding summary judgment. Accordingly, we reverse and
remand this cause to the trial court for further proceedings.
55-CITE: 562 So.2d 779 James A. SCHWARTZ, as trustee of Sunbelt Properties, and individually,
Appellant, v. Sarah H. HILL, Appellee.
TEXT: HALL, Judge. The appellant challenges the final order which finds him personally liable for
...ding no individual liability as to James A. Schwartz for any unpaid sums under the promissory
note. SCHOONOVER, A.C.J., and THREADGILL, J., concur.
56-CITE: 620 So.2d 246 Hector Eduardo Reglero MONTANER, etc., et al., Appellants, v. BIG SHOW
PRODUCTIONS, S.A., etc., et al., Appellees.
TEXT: JORGENSON, Judge. Hector Eduardo Reglero Montaner, p k a Ricardo Montaner, and Carlos
Mameri...iolate Florida s public policy regarding enforcing personal service contracts through
injunctions. Jaffe v. Snow, 610 So.2d 482 (Fla. 5th DCA 1992).
57-CITE: 636 So.2d 1351 PRES-KAP, INC. d b a Prestige Travel of Rockland, Appellant, v. SYSTEM ONE,
DIRECT ACCESS, INC., Appellee.
TEXT: HUBBART, Judge This is an appeal by a nonresident defendant corporation from a non-final
ord...l jurisdiction, and would affirm. ------------ (FN1) The fact that the ownership of the
computer base may have changed over the years is immaterial.
58-CITE: 458 So.2d 71 David HESS and Donna Hess, Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY,
Appellees.
TEXT: HENDRY, Judge. This appeal questions the correctness of a summary judgment rendered in
favor... rentals occurring now and then, such as vacation rentals. Accordingly, the entry of final
summary judgment for the appellee is affirmed. Affirmed.
59-CITE: 443 So.2d 1068 Ted DOBBS, Appellant, v. Jules GORLITZ, Appellee.
TEXT: PER CURIAM. Where uncontroverted affidavits and deposition testimony submitted in support
of...1 (1937); Central National Bank of Miami v. Central Bancorp, Inc., 411 So.2d 358 (Fla. 3d DCA
1982). Reversed and remanded for further proceedings.
60-CITE: 559 So.2d 302 ROBERT H. HART & SONS, INC., Appellant, v. STATE of Florida DEPARTMENT OF
TRANSPORTATION, Appellee.
TEXT: DANAHY, Judge. The appellant (Hart & Sons) was named as a defendant in condemnation
proceedi...to business damages. Fla.R.Civ.P. 1.420(b). Accordingly, we reverse and remand for
further proceedings. RYDER, A.C.J., and ALTENBERND, J., concur.
61-CITE: 516 So.2d 320 CROSSLANDS PROPERTIES, INC., Appellant, v. UNIVEST CROSSLAND TRACE, LTD., a
Florida limited partnership, Univest Eastbay Downs, Ltd., a Florida limited partnership and Univest
Real Estate Corporation, their general partner, Appellees.
TEXT: LEHAN, Judge. This is a suit by the seller against two partnerships (the buyers) for
damages...tances existed in this case. Reversed and remanded for proceedings consistent herewith.
RYDER, A.C.J., and BOARDMAN, EDWARD F. (Ret.), J., concur.
62-CITE: 534 So.2d 935 JOSEPH U. MOORE, INC., Appellant, v. John A. HOWARD, Appellee.
TEXT: FRANK, Acting Chief Judge. Appellant Joseph U. Moore, Inc. is engaged in the insurance and
s... the reasonableness of the time and geographic restrictions. AFFIRMED IN PART, REVERSED IN
PART, AND REMANDED. THREADGILL and PARKER, JJ., concur.
63-CITE: 624 So.2d 383 Tammy BARBERIO-POWELL, Appellant, v. BERNSTEIN LEIBSTONE ASSOCIATES, INC., Roy
Powell, and Barberio-Powell, Inc., Appellees.
TEXT: PER CURIAM. We reverse an order granting a temporary injunction prohibiting Appellant, a
for...ES H., Senior Judge, dissents without opinion. ------------ (FN1) Her husband s former
relationship with the company is not a factor in this appeal.
64-CITE: 695 So.2d 944 Carolyn SPRINGER, Appellant, v. BLUE CROSS & BLUE SHIELD OF FLORIDA, INC., a
Florida corporation, and Blue Cross & Blue Shield of Western New York, a foreign corporation,
Appellees.
TEXT: STEVENSON, Judge. Appellant, Carolyn Springer, appeals an order granting the motion of
defen...end this lawsuit in this forum would offend traditional notions of fair play and substantial
justice. REVERSED. GUNTHER and PARIENTE, JJ., concur.
65-CITE: 624 So.2d 352 COASTAL COMPUTER CORPORATION, Appellant, v. TEAM MANAGEMENT SYSTEMS, INC.,
Charles Tuttle and Yvonne Tuttle, Appellees.
TEXT: RYDER, Judge. Coastal Computer Corporation seeks review of a nonfinal order denying its
moti...ive remedy for their breach is reversed. This case is remanded for proceedings consistent
with this opinion. FRANK, C.J., and CAMPBELL, J., concur.
66-CITE: 459 So.2d 447 BURNUP & SIMS COM TEC, INC., Appellant, v. STATE of Florida, DEPARTMENT OF LABOR
AND EMPLOYMENT SECURITY, DIVISION OF EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. We originally entered a per curiam decision without opinion affirming the order
...here is sufficient evidence in the record to uphold the special deputy s findings; *449
therefore, I cannot conclude that his findings are in error.
67-CITE: 489 So.2d 57 MARYLAND CASUALTY COMPANY, Appellant, v. STATE of Florida DEPARTMENT OF GENERAL
SERVICES and the Florida Board of Regents, Appellees.
TEXT: LEHAN, Judge. In this multiparty lawsuit, one of the defendants appeals the trial court s
or...y Maryland Casualty and find them to be without merit. Accordingly, the trial court s order is
affirmed. GRIMES, A.C.J., and CAMPBELL, J., concur.
68-CITE: 728 So.2d 358 CARLTON PALMS HOTEL, INC., etc., Appellant, v. FIDELITY TRUST, INC., Appellee.
TEXT: PER CURIAM. Appellant, Carlton Palms Hotel, Inc. ( Carlton Palms ) signed a contract for
mor...ing, we need not address the issue of whether Fidelity was properly licensed at the time of
the transaction. MINER, WOLF and PADOVANO, JJ., CONCUR.
69-CITE: 745 So.2d 485 SEARS TERMITE AND PEST CONTROL, INC., Appellant, v. David ARNOLD, individually
and d b a Diamond Termite & Pest Control, and Gary Atchey, individually and as agent for Diamond
Termite & Pest Control, Appellees.
TEXT: ERVIN, J. Appellant, Sears Termite and Pest Control, Inc., appeals an order denying its
moti...Diamond before their Sears contracts expired, Reiper and Michlo signed on after their
contracts with Sears expired, and Benefield stayed with Sears.
70-CITE: 449 So.2d 292 FINST DEV., INC., Appellant, v. Isaac BEMAOR, Sergio Goldemberg, David Saul,
Vulf Mintz, Luba Mintz and Zelman Mintz, Appellees.
TEXT: PER CURIAM. This is an appeal from a final summary judgment rescinding certain contracts
for...See Pfohl v. Pfohl, 345 So.2d 371, 379 (Fla. 3d DCA 1977). We accordingly affirm in all
respects the final summary judgment under review. Affirmed.
71-CITE: 566 So.2d 558 FLORIDA AUTOMOBILE DEALERS SELF-INSURERS FUND, Appellant, v. PLANTATION AMC
JEEP, INC., Jeffrey Kaye and Martin Kaye, Appellees.
TEXT: PER CURIAM. Appellees successfully brought an action against a pooled self-insurance fund
to...NTITLED TO A DEFENSE DENIED BY THE AGREEMENT S FUND IS ENTITLED *560 TO AN AWARD OF ATTORNEY
S FEES? ANSTEAD, GLICKSTEIN and WARNER, JJ., concur.
72-CITE: 436 So.2d 274 Bill R. WINCHESTER, as Trustee, et al., Appellants, v. AMRHEIN-HATCHER, INC., a
Florida corporation, and Larasan, Inc., a foreign corporation, Appellees.
TEXT: BERANEK, Judge. The appellant, Winchester, appeals a final judgment entered in favor of
appe...25(1), (h), Florida Statutes (1981). The judgment below is thus affirmed. AFFIRMED. WALDEN,
J., and COCALIS, PATRICIA W., Associate Judge, concur.
73-CITE: 529 So.2d 316 William R. HILL, Appellant, v. LAKELAND DOWNTOWN DEVELOPMENT AUTHORITY,
Appellee.
TEXT: LEHAN, Judge. We affirm the trial court s denial of defendant s motion to quash service of
p...s of Coral Gables, Inc. v. Rueben H. Donnelley Corp., 415 So.2d 892, 895 n. 3 (Fla. 3d DCA
1982). Affirmed. CAMPBELL, C.J., and SCHEB, J., concur.
74-CITE: 633 So.2d 1165 UNISON INVESTMENT LIMITED PARTNERSHIP and CSP Unison, Inc., Appellants, v.
UNISON INDUSTRIES LIMITED PARTNERSHIP, Appellee.
TEXT: ALLEN, Judge. The appellants, Unison Investment Limited Partnership (UILP) and CSP Unison
(C...eement. The jurisdictional threshold in section 48.193(1)(a) being thereby satisfied, the
appealed order is affirmed. SMITH and DAVIS, JJ., concur.
75-CITE: 456 So.2d 1249 HOTEL PROPERTIES, LTD., Appellant, v. HERITAGE INSURANCE COMPANY OF AMERICA, a
corporation, and Mount Vernon Fire Insurance Company, a corporation, Appellees.
TEXT: PER CURIAM. The judgment below, based on the jury s findings that the appellee-insurance
com...r, if any, in submitting the question of coverage to the jury for its decision was totally
harmless under the circumstances of this case. Affirmed.
76-CITE: 439 So.2d 904 AMERICAN DIVERSIFIED INSURANCE SERVICES, INC., a Florida corporation, Appellant,
v. UNION FIDELITY LIFE INSURANCE COMPANY, an insurance corporation, Ron Holmer, and Michael E.
McBryan, Appellees.
TEXT: LEHAN, Judge. American Diversified Insurance Services, Inc. appeals an order dismissing its
...oceed on those allegations of the complaint that do. REVERSED AND REMANDED FOR PROCEEDINGS
CONSISTENT HEREWITH. OTT, C.J., and HOBSON, J., concur.
77-CITE: 520 So.2d 669 FLORIDA PEST CONTROL AND CHEMICAL COMPANY, Appellant, v. Rex P. THOMAS,
Appellee.
TEXT: MILLS, Judge. Florida Pest Control & Chemical Co. (FPC) appeals from the entry of an
injunct...void as against public policy, and reluctance on the part of courts to enforce contracts
likely to interfere with a person s right to make a living.
78-CITE: 488 So.2d 835 S.P.G. GEM CORP., a New York Corporation, Sushil Godika and Mamta Godika, his
wife, Appellants, v. Peter WOLOFSKY, Sydney Wolofsky, Kenneth Wolofsky, Mel Schuster, SNW Corp., PNW
Corp., and KNW Corp., and Jeffrey M. Perlow, P.A., Appellees.
TEXT: PER CURIAM. Appellees (developers) are in the business of selling condominiums. The
appellan...AND REMANDED FOR FURTHER PROCEEDINGS IN ACCORDANCE HEREWITH. ANSTEAD, J., and BARKETT,
ROSEMARY, and HURLEY, DANIEL T.K., Associate Judges, concur.
79-CITE: 446 So.2d 134 A.G. EDWARDS & SONS, INC., a Delaware corporation doing business in Florida,
Petitioner, v. Scott B. BING and Mary Ellen Bing, his wife, Albert P. McGarity, Linda G. Zingle,
David W. Thompson and Kathryn D. Thompson, his wife, Respondents.
TEXT: HERSEY, Judge. The parties (except two) entered into agreements containing arbitration
claus...d to arbitration. See Raymond, James & Assoc., Inc. v. Maves, 384 So.2d 716 (Fla. 2d DCA
1980). CERTIORARI GRANTED. LETTS and HURLEY, JJ., concur.
80-CITE: 555 So.2d 397 Frank A. LOVE and Christina G. Love, Appellants, v. GENERAL DEVELOPMENT
CORPORATION, Appellee.
TEXT: BASKIN, Judge. The owners of individual homesites in various planned General Development
Cor... of cancellation or refund except as stated above. (FN3) The court acted without furnishing
notice to members of the class or conducting a hearing.
81-CITE: 500 So.2d 561 JOSEPH U. MOORE, INC., Appellant, v. John R. NEU, Appellee.
TEXT: RYDER, Judge. The trial court denied Joseph Moore s motion for a temporary injunction
agains...iley, 286 So.2d 272 (Fla. 1st DCA 1973). Reversed and remanded for proceedings consistent
with this opinion. GRIMES, A.C.J. and SCHEB, J., concur.
82-CITE: 519 So.2d 26 ASSOCIATION FINANCIAL SERVICES, INC., Appellant, v. George LEWIS, et al.,
Appellees.
TEXT: COWART, Judge. Association Financial Services, Inc. (AFS) appeals an adverse final judgment
...., COBB and COWART, JJ., concur. ------------ (FN2) See, e.g., Rosen v. Marlin, 486 So.2d 623
(Fla. 3d DCA), rev. denied, 494 So.2d 1151 (Fla.1986).
83-CITE: 483 So.2d 483 Carl J. FLATLEY, D.D.S., and Carl J. Flatley, D.D.S., P.A., a Florida
Professional Association Appellants Cross-Appellees, v. Garland L.S. FORBES, D.M.D., and Garland
L.S. Forbes, D.M.D., P.A., a Florida Professional Association Appellees Cross-Appellants.
TEXT: FRANK, Judge. Carl J. Flatley, D.D.S., and his professional association appeal from the
tria...n. Said agreements may, in the discretion of a court of competent jurisdiction, be enforced
by injunction. Section 542.33(2)(a), Fla.Stat. (1983).
84-CITE: 662 So.2d 365 Elton LEE, et al., Appellants, v. ALL FLORIDA CONSTRUCTION CO., etc., Appellee.
TEXT: JORGENSON, Judge. Homeowners Elton and Barbara Lee appeal from an order confirming an
arbitr...), cert. denied, 201 So.2d 552 (Fla.1967) (contractor s breach of contract action survives
dismissal of invalid claim to foreclose mechanic s lien).
85-CITE: 472 So.2d 812 ROLLINS PROTECTIVE SERVICES COMPANY, INC., Appellant, v. Jeanine Lyn LAMMONS and
Daniel L. Sloan, Appelles.
TEXT: ORFINGER, Judge. Appellant, Rollins Protective Services Company, Inc., (Rollins) appeals
pur...ns is requesting. It was therefore error to refuse the entry of a preliminary injunction.
REVERSED. COBB, C.J., and FRANK D. UPCHURCH, J., concur.
86-CITE: 500 So.2d 642 AMERICAN VISION CENTER, INC. a foreign corporation, Appellant, v. NATIONAL
YELLOW PAGES DIRECTORY SERVICE, INC., a Florida corporation, Appellee.
TEXT: SCHEB, Acting Chief Judge. This is an appeal from the trial court s denial of a motion to
di... of A.V.C. s motion to dismiss for lack of jurisdiction and remand for proceedings consistent
with this opinion. RYDER and SCHOONOVER, JJ., concur.
87-CITE: 603 So.2d 11 Antonio T. MOLO, M.D., Appellant, v. Vivian BELCHER and Sam Belcher, her husband,
Appellees.
TEXT: PER CURIAM. This is an appeal of the lower court s nonfinal order denying a motion to quash
...m statute. See Dinsmore v. Martin Blumenthal Assocs., Inc., 314 So.2d 561 (Fla.1975). We
therefore reverse. ZEHMER, BARFIELD and WOLF, JJ., concur.
88-CITE: 503 So.2d 396 FLORIDA BEVERAGE CORPORATION, Appellant, v. DIVISION OF ALCOHOLIC BEVERAGES AND
TOBACCO, DEPARTMENT OF BUSINESS REGULATION, State of Florida, and Barton, Brands, Ltd., Appellees.
TEXT: NIMMONS, Judge. Appellant challenges an order of the circuit court dismissing appellant s
co...of supply, as defined in Section 564.045 or Section 565.095, may be filed in the courts of
this state. Chapter 85-161, section 7, Laws of Florida.
89-CITE: 456 So.2d 892 CONTINENTAL VIDEO CORPORATION, Petitioner, v. HONEYWELL, INC., etc., Respondent.
TEXT: OVERTON, Justice. This cause is before us on a petition to review a decision of the Third
Di... The petition for review is denied. It is so ordered. BOYD, C.J., and ALDERMAN, McDONALD and
SHAW, JJ., concur. ADKINS and EHRLICH, JJ., dissent.
90-CITE: 507 So.2d 1202 LaBONTE PRECISION, INC., Appellant, v. LPI INDUSTRIES CORPORATION and Norman O.
Sauey, Jr., Appellees.
TEXT: GLICKSTEIN, Judge. We affirm the trial court s order denying appellant s motion to stay
arbi...d reverse on the authority of R.W. Roberts Construction Corp. v. St. Johns *1204 River Water
Management District, 423 So.2d 630 (Fla. 5th DCA 1982).
91-CITE: 490 So.2d 1371 Michael E. WEBER and Janet K. Weber, his wife, Appellants, v. TAM-BAY REALTY,
INC., a Florida Corporation, Appellee.
TEXT: PER CURIAM. The buyer of a business appeals from a summary judgment entered in favor of
defe...a second suit because he is dissatisfied with the recovery obtained in the first. ).
Affirmed. RYDER, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
92-CITE: 638 So.2d 1001 SERVPRO INDUSTRIES, INC., Appellant Cross-Appellee, v. Richard D. SPOHN and
Rebecca Spohn, his wife, Appellees Cross-Appellants.
TEXT: STEVENSON, Judge. Servpro Industries Inc. (Servpro), a franchisor of a business which
provid... the applicable statute of limitations. Accordingly, we reverse and remand to the trial
court for a new trial. DELL, C.J., and HERSEY, J., concur.
93-CITE: 472 So.2d 467 ADAMS CONSTRUCTION EQUIPMENT COMPANY, Appellant, v. Ford S. HAUSMAN, etc.,
Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. By this appeal, Adams Construction Equipment Company
question...ract, or a conditional sales contract. The intent of this agreement is that the lessor
is hereby renting, and or leasing said property only. . . .
94-CITE: 629 So.2d 1066 Robert Phillip WOLF, Petitioner, v. Tom GALLAGHER, State Treasurer and
Insurance Commissioner, Respondent.
TEXT: PER CURIAM. Petitioner seeks review of an emergency order of the Department of Insurance
tem...r proceedings in accordance with chapter 120. Petition for review granted; order quashed.
DANAHY, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.
95-CITE: 541 So.2d 1238 ALEXANDER & ALEXANDER OF THE CAROLINAS, INC., Appellant, v. NORTHWEST OXYGEN,
INC., Appellee.
TEXT: PATTERSON, Judge. This is an appeal from a non-final order denying the Appellant s Motion
to...lina Insurance Guaranty Association v. Underwood, 527 So.2d 931 (Fla. 5th DCA 1988). REVERSED
and REMANDED. DANAHY, A.C.J., and LEHAN, J., concur.
96-CITE: 539 So.2d 8 MARTIN COUNTY LIQUORS, INC. d b a Martin County Liquors, Appellant, v. DEPARTMENT
OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellee.
TEXT: PER CURIAM. Upon consideration of appellee s motion to remand and appellant s response, the
...da Statutes. See Cole v. Department of Professional Regulation, 502 So.2d 481 (Fla. 1st DCA
1987). SMITH, C.J., and NIMMONS and MINER, JJ., concur.
97-CITE: 694 So.2d 110 BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC., Appellant, v. Louis MANZELLA,
Appellee.
TEXT: WARNER, Judge. Browning-Ferris Industries (BFI) appeals the trial court s order dissolving
a...ly to the asset purchase noncompete agreement. This may be the subject of further proceedings in
the trial court. FARMER and PARIENTE, JJ., concur.
98-CITE: 472 So.2d 1388 Carmela MARENGO and Marengo Interiors, Inc., d b a Mutual Management, Group,
Appellants, v. PROPERTY MANAGEMENT INCORPORATED OF SOUTH FLORIDA, a Florida Corporation, et al.,
Appellee.
TEXT: DOWNEY, Judge. In this non-final appeal appellants, Carmela Marengo and Marengo Interiors,
I... restricted to the limitation contained in the contract of the parties. REVERSED AND REMANDED,
with directions. LETTS and GLICKSTEIN, JJ., concur.
99-CITE: 755 So.2d 839 ROLLINS, INC., Appellant, v. Jack A. PARKER, Appellee.
TEXT: ORFINGER, M., Senior Judge. Rollins, Inc. (Rollins) appeals from a non-final order denying
i...ion omitted.) Vortex Protective Svc. v. Dempsey, 218 Ga.App. 763, 765(2), 463 S.E.2d 67. Id. at
137. AFFIRMED. GRIFFIN and THOMPSON, JJ., concur.
100-CITE: 712 So.2d 846 VALENCIA CAFE, INC., Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, Appellee.
TEXT: PER CURIAM. Affirmed. Section 120.569(2)(d), Fla.Stat. (Supp.1996); Santos v. 47 Service
Sta.... TEXT: PER CURIAM. Affirmed. Section 120.569(2)(d), Fla.Stat. (Supp.1996); Santos v. 47
Service Station, Inc., 613 So.2d 547 (Fla. 3d DCA 1993).
101-CITE: 746 So.2d 473 Terry Wayne FRANZEN, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Affirmed. THREADGILL, A.C.J., and BLUE, J., Concur. CASANUEVA, J., Concurs
wit...ourse of sheriff office s business.. Therefore, I conclude the taped 911 telephone call was
improperly admitted as evidence under section 90.803(6).
102-CITE: 467 So.2d 1072 Richard L. WARE, John R. Elliott, and Rick L. Hazen, Appellants, v. MONEY-PLAN
INTERNATIONAL, INC., Appellee.
TEXT: SCHOONOVER, Acting Chief Judge. The appellants, Richard L. Ware, John R. Elliott, and Rick
L... we reverse and remand with instructions to enter a judgment for appellants. Reversed and
remanded with instructions. FRANK and HALL, JJ., concur.
103-CITE: 515 So.2d 337 Henry KEEL, d b a Medical Business Consultants, Appellant, v. QUALITY MEDICAL
SYSTEMS, INC., a Florida corporation, Appellee.
TEXT: PER CURIAM. We reverse the order under review which temporarily enjoined the defendant,
Henr...n, 237 So.2d 291 (Fla. 1st DCA 1970); Renpak, Inc. v. Oppenheimer, 104 So.2d 642 (Fla. 2d DCA
1958). Reversed and remanded for further proceedings.
104-CITE: 470 So.2d 77 James T. LENOX, Appellant, v. SOUND ENTERTAINMENT, INC., Appellee.
TEXT: RYDER, Chief Judge. James T. Lenox and Sound Entertainment, Inc. entered into a written
agre...gly, we reverse the order appealed from and remand to the trial court with instructions to
enter a judgment for Lenox. SCHEB and HALL, JJ., concur.
105-CITE: 477 So.2d 1067 The HASKELL COMPANY, a Florida corporation, Appellant Cross-Appellee, v.
SHERWAY APPLICATION COMPANY, INC., a Florida corporation, Appellee Cross-Appellant.
TEXT: OTT, Judge. Appellant cross-appellee ( Haskell ) appeals the trial court s refusal to set
as...in the trial court s order confirming the arbitration award. AFFIRMED IN PART, REVERSED IN
PART, and REMANDED. RYDER, C.J., and FRANK, J., concur.
106-CITE: 513 So.2d 700 MEETING MAKERS, INC., Appellant, v. AMERICAN AIRLINES, INC., Appellee.
TEXT: JORGENSON, Judge. Meeting Makers, Inc., appeals from a final order of the trial court
dismis... OR TORT WITH RESPECT TO THE EQUIPMENT. BUYER AGREES THAT SELLER SHALL NOT BE LIABLE FOR
CONSEQUENTIAL OR SPECIAL DAMAGES UNDER ANY CIRCUMSTANCES.
107-CITE: 516 So.2d 970 ORKIN EXTERMINATING CO., Appellant, v. Tony A. MARTIN, Appellee.
TEXT: PER CURIAM. Orkin appeals a temporary injunction entered against a former employee pursuant
...on is reversed with directions to issue a temporary injunction prohibiting Martin from working in
the pest control business anywhere in Dade County.
108-CITE: 464 So.2d 658 EAGLE-PICHER INDUSTRIES, INC., Appellant. v. Shirley PROVERB, as Personal
Representative of the Estate of Richard Proverb, Owens-Corning, Inc., an Ohio corporation, et al.,
Appellee.
TEXT: PER CURIAM. We affirm the trial court s non-final order denying appellant s motion to
dismis...68); Dombroff v. Eagle-Picher Industries, Inc., 450 So.2d 923 (Fla. 3d DCA 1984), and cases
cited therein. LETTS, GLICKSTEIN and DELL, JJ., concur.
109-CITE: 452 So.2d 40 EQUILEASE CORPORATION, a New York corporation, Appellant, v. WILLIAMS STEEL
INDUSTRIES, INC., a Florida corporation and S.W. Williams, Appellees.
TEXT: SHARP, Judge. Equilease Corporation (Equilease) appeals from a final judgment which denied
i... Corbin, Corbin On Contracts Section 124 (1963); 1 Williston on Contracts Section 114 (Jaeger
ed.1957). (FN2) See Section 673.415, Fla.Stat. (1983).
110-CITE: 483 So.2d 767 H.P.S. INC. OF FLORIDA, a Florida corporation, Appellant, v. Allan B. WILLIS, et
al, Appellees.
TEXT: COWART, Judge. On motion for summary judgment the trial court held, as a matter of law,
that...it relying on the value of a stock of merchandise or inventory held for sale. AFFIRMED.
ORFINGER, J., and SCHWARTZ, A.R., Associate Judge, concur.
111-CITE: 701 So.2d 437 Kenneth R. DREYFUSS, Appellant, v. Jacques F. DREYFUSS and Brickell Earth
Station, Inc., Appellees.
TEXT: PER CURIAM. Appellant, Kenneth R. Dreyfuss ( Kenneth ), appeals the final judgment entered
i...any discussion about sharing losses? [Kenneth]: Sharing losses? Q: Yes. A: No. T. 419. *441
determined by the trial court in the first instance.
112-CITE: 620 So.2d 1068 The GREATER NEW YORK CORP., etc., et al., Appellants, v. CENVILL MIAMI BEACH
CORP., etc., et al., Appellees.
TEXT: PER CURIAM. In this consolidated appeal, The Greater New York Corporation (GNYC) appeals
the...ct I, we find no error in its assessment of attorneys fees and costs against him.
Accordingly, the orders in this consolidated appeal are affirmed.
113-CITE: 688 So.2d 1029 FASCO CONTROLS CORPORATION, etc., et al., Appellants, v. Bill E. GOBLE,
Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from the trial court s interlocutory order denying
appella... ego doctrine. Nichols v. Paulucci, 652 So.2d 389 (Fla. 5th DCA 1995). REVERSED and
REMANDED. HARRIS J., concurs. GOSHORN, J., concurs in result.
114-CITE: 564 So.2d 186 Beatriz PINO and Viva America Media Group, a Florida general partnership;
Mambisa Broadcasting Corp., a Florida corporation; and License Corp. No. 2, a Florida corporation,
Appellants, v. SPANISH BROADCASTING SYSTEM OF FLORIDA, INC., Appellee.
TEXT: JORGENSON, Judge. Beatriz Pino [ Pino ] and Viva America Media Group, et al. [ Viva ]
appeal...consent was required. For the reasons stated in this opinion, the trial court s order
granting a temporary injunction in favor of SBS is AFFIRMED.
115-CITE: 623 So.2d 1223 HASSNEH INSURANCE COMPANY OF ISRAEL, LTD., Appellant, v. PLASTIGONE
TECHNOLOGIES, INC., et al., Appellees.
TEXT: JORGENSON, Judge. Hassneh Insurance Company of Israel appeals from a non-final order
denying...as paid by the insured in McGee and in this case was paid by a third party pursuant to the
terms of a manufacturer-vendor contract. I would affirm.
116-CITE: 721 So.2d 1239 Charles A. KRAMER and Carol Bender Kramer, Appellants Cross-Appellees, v. HOME
SAVINGS OF AMERICA, FSB, f k a Home Savings Of America, F.A., Appellee Cross-Appellant.
TEXT: KLEIN, J. We affirm the Kramers appeal from a final judgment of foreclosure in which the
*12...te requires. That is all that occurred here. We therefore reverse on the cross-appeal. GROSS,
J., and BAILEY, JENNIFER D., Associate Judge, concur.
117-CITE: 492 So.2d 812 TEXACO, INC., Appellant, v. GILTAK CORP., Kenneth S. Takacs and Jacqueline M.
Takacs, his wife, Foster O. Gilece and Jean C. Gilece, his wife, Appellees.
TEXT: ON MOTION FOR CLARIFICATION SHIVERS, Judge. We grant appellees Motion for Clarification
and...ndants. The trial court erred in granting the motion for directed verdict. REVERSED and
REMANDED for a new trial. JOANOS and NIMMONS, JJ., concur.
118-CITE: 749 So.2d 570 Joseph FUGINA, Appellant, v. Cynthia Elaine FUGINA, Appellee.
TEXT: W. SHARP, J. Joseph Fugina appeals from a final judgment of dissolution of marriage,
challen...note Cynthia was required to give Joseph to equalize the distribution. AFFIRMED and
REMANDED with instructions. PETERSON and GRIFFIN, JJ., concur.
119-CITE: 537 So.2d 1381 WORLD SERVICE LIFE INSURANCE COMPANY, Petitioner, v. Eleanor v. BODIFORD, etc.,
Respondent.
TEXT: McDONALD, Justice. We granted review of Bodiford v. World Service life Insurance Company,
52...s to approve the final judgment entered in this cause. It is so ordered. EHRLICH, C.J., and
OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
120-CITE: 654 So.2d 636 Warwick G. CAHILL, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION and Board of Pilot Commissioners, Appellees.
TEXT: PER CURIAM. Appellant, Warwick G. Cahill, appeals an order of the Board of Pilot
Commissione...etz v. Dep t of Business Regulation, Div. of Alcoholic Beverages & Tobacco, 475 So.2d
1277 (Fla. 1st DCA 1985). ALLEN, KAHN and DAVIS, JJ., concur.
121-CITE: 557 So.2d 686 VENTURE CORPORATION OF SARASOTA, INC., et al., Appellants, v. DEPARTMENT OF
BUSINESS REGULATION, etc., Appellee.
TEXT: DANIEL, Chief Judge. This is an administrative appeal of an order entered by the Department
...Kun, Jr. Accordingly, we reverse the order in so far as it imposes sanctions against him.
REVERSED and REMANDED. W. SHARP and COWART, JJ., concur.
122-CITE: 520 So.2d 619 James B. GRAY, Appellant, v. EXECUTIVE DRYWALL, INC., G.R.V. Design Group and
Executive Plastering, Inc., Appellees.
TEXT: LEHAN, Acting Chief Judge. Plaintiff in this personal injury suit appeals from a summary
jud...nd Casualty Co. v. Dept. of General Services, 489 So.2d 57, 58 (Fla. 2d DCA 1986). Affirmed.
HALL, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
123-CITE: 698 So.2d 948 Thomas A. BAGGETT, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, Appellee.
TEXT: ON MOTION FOR CLARIFICATION PER CURIAM. We grant the Department s motion for
clarification,...dder order in conjunction with a late turn, warrants revocation of his pilot s
license. REVERSED and REMANDED. ERVIN, KAHN and DAVIS, JJ., concur.
124-CITE: 639 So.2d 1120 Richard SWAEBE, INC., Appellant, v. SEARS WORLD TRADE, INC., Appellee.
TEXT: PER CURIAM. Richard Swaebe, Inc. (RSI) offered to obtain and Sears World Trade (SWT) agreed
...ssue of damages. The parties remaining issues on appeal and cross-appeal are likewise meritless.
Accordingly, the judgment under review is affirmed.
125-CITE: 659 So.2d 330 David R. AKINS, Appellant, v. Norma J. AKINS, Appellee.
TEXT: PER CURIAM. We review a final judgment of dissolution and a judgment awarding attorney s
fee...nt awarding attorney s fees and remand for further proceedings. GUNTHER, BOBBY W., STONE,
BARRY J. and WARNER, MARTHA C., Associate Judges, concur.
126-CITE: 639 So.2d 1125 Robert BAKERMAN, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Appellee.
TEXT: PER CURIAM. Affirmed. See Hyman v. State, Dep t of Business Regulation, Div. of Pari-Mutuel
...JJ. TEXT: PER CURIAM. Affirmed. See Hyman v. State, Dep t of Business Regulation, Div. of
Pari-Mutuel Wagering, 431 So.2d 603 (Fla. 3d DCA 1983).
127-CITE: 489 So.2d 38 NATIONAL AIRCRAFT SERVICE, INC., a Delaware corporation, Appellant, v. NEW YORK
AIRLINES, INC., a Delaware corporation, Appellee.
TEXT: WESSEL, JOHN D., Associate Judge. Based upon the doctrine of forum non conveniens the trial
...suing a cause of action in Florida courts based upon the doctrine of forum non convenience.
REVERSED AND REMANDED. DOWNEY and WALDEN, JJ., concur.
128-CITE: 531 So.2d 243 BEST TOWING & RECOVERY, INC., Appellant, v. William J. BEGGS, Sr., Don Saroka,
and Bill Beggs Company, Inc., Appellees.
TEXT: DANAHY, Acting Chief Judge. The appellant, Best Towing & Recovery, Inc., appeals from an
ord...ssal of the libel counts is affirmed; and the cause is remanded for further proceedings
consistent with this opinion. LEHAN and FRANK, JJ., concur.
129-CITE: 510 So.2d 1020 PURE FRESH ENTERPRISES, INC. d b a Ponderosa Pub, Petitioner, v. DEPARTMENT OF
BUSINESS REGULATIONS, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO OF the STATE of Florida,
Respondent.
TEXT: PER CURIAM. Petitioner seeks review of an emergency order suspending an alcoholic beverage
l...EIN, DELL and STONE, JJ., concur. ------------ (FN1) We express no view on the merits of the
order, which would be the subject of any final hearing.
130-CITE: 661 So.2d 959 John C. MESE, Petitioner, v. The STATE of Florida, DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION, Respondent.
TEXT: PER CURIAM. Affirmed. Section 120.54(9)(a), Fla.Stat. (1993); Grantham v. Gunter, 498 So.2d
...ITT, and GERSTEN, JJ. TEXT: PER CURIAM. Affirmed. Section 120.54(9)(a), Fla.Stat. (1993);
Grantham v. Gunter, 498 So.2d 1328 (Fla. 4th DCA 1986).
131-CITE: 549 So.2d 1141 Harold ZINN, et al., Appellants, v. Craig M. ZINN, et al., Appellees.
TEXT: NESBITT, Judge. This is an appeal from a judgment entered on a jury verdict awarding
damages...it was not error to award damages for conversion. Finding the appellants other claims to
be equally without merit, the judgment is hereby affirmed.
132-CITE: 484 So.2d 47 Thomas V. MULLE, et al., Appellants, v. Albert SCHEILER, Appellee.
TEXT: ORFINGER, Judge. There was sufficient evidence that the sellers, appellants here,
fraudulent...attorney s fees under the civil theft statute is also reversed. AFFIRMED in part,
REVERSED in part and REMANDED. COBB, C.J. and SHARP, J., concur.
133-CITE: 571 So.2d 106 I.L.S. CORPORATION d b a Integrated Logistic Support, Inc., Appellant, v. JET
POWER, INC., MIAMI, a Florida corporation, Appellee.
TEXT: BASKIN, Judge. I.L.S. Corporation appeals a final judgment in favor of Jet Power, Inc. We
re...n of the sums owed to I.L.S. for the purchase orders it secured for Jet Power and for entry of
a judgment in favor of I.L.S. Reversed and remanded.
134-CITE: 617 So.2d 1158 Howard B. WEINTRAUB, Harriet Weintraub, his wife, and Howard B. Weintraub,
Inc., Appellants, v. Elliot ROTH and Elliot Roth, Inc., a Florida Corporation, Appellees.
TEXT: PER CURIAM. We reverse a temporary injunction enforcing a covenant not to compete. The
tria...ining provisions of the temporary injunction are moot by reason of lapse of time. Reversed.
GLICKSTEIN, C.J., and GUNTHER and WARNER, JJ., concur.
135-CITE: 467 So.2d 471 TENNESSEE FARMERS MUTUAL INSURANCE COMPANY, Appellant, v. Sheliah MEADOR,
Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. Tennessee Farmers Mutual Insurance Company appeals from an
or...een properly made. *474 The order denying Tennessee Farmers motion to quash is reversed.
REVERSED and REMANDED. COBB, C.J., and SHARP, J., concur.
136-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. ).
137-CITE: 751 So.2d 616 George SCOTT and Tomas Jansson, Appellants, v. Gary TREVETT, Leif Keisky, Roar
Petajamaa, Jyri Kjall and Attila Levin, Appellees.
TEXT: HAZOURI, J. George Scott (Scott) and Tomas Jansson (Jansson), two of the plaintiffs below,
a...tual status, which change shall be in writing, signed by all parties to the contract and filed
with the commission within 7 calendar of execution.
138-CITE: 542 So.2d 408 Kelvin OLIVER, Appellant, v. Charles SEVERANCE, Appellee.
TEXT: ERVIN, Judge. Kelvin Oliver, d b a Kelvin Oliver Agency (Oliver), appeals from a nonfinal
or...Because we find that venue under the both tort and contract theories is proper in Columbia
County, we AFFIRM. SMITH, C.J., and NIMMONS, J., concur.
139-CITE: 527 So.2d 948 Virginia McCARTHY, Appellant, v. Charles McCARTHY, Appellee.
TEXT: PER CURIAM. The wife appeals an amended final judgment of dissolution. The parties were
marr...quarter interest in the capital stock of the corporation to the husband. In all other
respects the said judgment is affirmed. Affirmed as modified.
140-CITE: 456 So.2d 952 FINST DEVELOPMENT, INC., Appellant, v. STATE of Florida, DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. Appellant seeks review of an administrative order
which...offering. This is expressly a proscription against the same activity which the statue
addresses and cannot form the basis for an additional penalty.
141-CITE: 550 So.2d 563 ORKIN EXTERMINATING CO., INC., Appellant, v. Michael BAILEY, Robert Tarbes and
Joseph M. Hauck, Appellees.
TEXT: DELL, Judge. Orkin Exterminating Company, Inc. appeals from a non-final order granting in
pa...ntrol business in the five counties enumerated in the agreements. AFFIRMED IN PART; REVERSED
IN PART and REMANDED. LETTS and GUNTHER, JJ., concur.
142-CITE: 542 So.2d 485 Jay SUNDAY, Appellant, v. Enrique BALARI, Ricardo Menendez, and Sunday
Electronics Corp., Appellee.
TEXT: PER CURIAM. Jay Sunday sued Enrique Balari, Ricardo Menendez, and Sunday Electronics
Corpora...(Fla. 4th DCA 1985) (same). Affirmed in part, reversed in part, and remanded with
instructions to grant the appellant leave to amend the complaint.
143-CITE: 736 So.2d 43 J.K.R., INC., and James K. Reese, individually, v. TRIPLE CHECK TAX SERVICE INC.,
a Florida Corporation, Appellee.
TEXT: ERVIN, J. Appellants, J.K.R., Inc., and James K. Reese, appeal a temporary injunction
prohib...divert or take away Triple Check clients. AFFIRMED IN PART, REVERSED IN PART and REMANDED
with directions. VAN NORTWICK and BROWNING, JJ., CONCUR.
144-CITE: 701 So.2d 888 Lee Su Wen NI, Appellant, v. DELTONA CORPORATION, etc., et al., Appellees.
TEXT: PETERSON, Judge. Lee Su Wen Ni appeals a final order that dismissed with prejudice her
attem...applicability of the limitations period set forth in the Land Sales Act and is not to be
construed as approving or disapproving class certification.
145-CITE: 574 So.2d 1162 James MITCHELL and Ernestine Mitchell, individually and as husband and wife,
Appellants, v. OSCEOLA FARMS CO., a Florida corporation, and Flo-Sun Land Corporation, a Florida
corporation, Appellees.
TEXT: GARRETT, Judge. This is an appeal of the trial court s cost judgment. Appellant, who filed
a...s opinion. AFFIRMED IN PART; REVERSED IN PART AND REMANDED WITH DIRECTIONS. GUNTHER, J., and
WALDEN, JAMES H., (Retired), Associate Judge, concur.
146-CITE: 522 So.2d 426 ASSOCIATED SCHOOLS, INC., Appellant, v. STATE of Florida, DEPARTMENT OF
EDUCATION, and State Board of Independent Post Secondary, Vocational Technical, Trade, and Business
Schools, Appellees.
TEXT: PEARSON, TILLMAN (Ret.), Associate Judge. In this appeal we must decide the validity of a
ru...t the rule is unfair to any student. Because we find no error demonstrated, the final order
appealed is AFFIRMED. SHIVERS and ZEHMER, JJ., concur.
147-CITE: 647 So.2d 151 FLORIDA REAL ESTATE COMMISSION, Appellant, v. Walter D. SHEALY, III, Appellee.
TEXT: ALLEN, Judge. The Florida Real Estate Commission appeals an order by which the appellee was
... its sole owner were described as one and the same entity. In Ann & Jan the corporation, rather
than the individual, was awarded the attorney s fee.
148-CITE: 441 So.2d 1153 AMERICAN ATLANTIC LINES, Appellant, v. ROS FORWARDING, INC., Appellee.
TEXT: PER CURIAM. Affirmed. The statute of frauds prohibits actions based on unwritten promises
to...the guarantor is one of fact, See Hudson, which would preclude the granting of summary judgment
in favor of Ros even if its promise were a guaranty.
149-CITE: 683 So.2d 670 Richard T. WILLIAMS, Jr., t a Enterprise Properties, Appellant, v. DEPARTMENT OF
BUSINESS AND PROFESSIONAL REGULATION, etc., Appellee.
TEXT: COBB, Judge. We reverse the final order of the Florida Real Estate Commission and remand
for...in writing and include findings of fact and conclusions of law separately stated. . . .
REVERSED AND REMANDED. W. SHARP and THOMPSON, JJ., concur.
150-CITE: 541 So.2d 1267 Mervin Stetson LANGFORD, et al., Appellants, v. ROTECH OXYGEN & MEDICAL
EQUIPMENT, INC., Appellee.
TEXT: SHARP, Chief Judge. Langford and his company, Tri-County Medical, Inc., appeal from a
tempor...Oppenheimer, 104 So.2d 642 (Fla. 2nd DCA 1958). Accordingly, we quash the temporary
injunction issued in this cause. COBB and COWART, JJ., concur.
151-CITE: 478 So.2d 1132 D.R. MERTENS, INC., Appellant, v. STATE of Florida ex rel. DEPARTMENT OF
INSURANCE, Appellee.
TEXT: ERVIN, Judge. Appellant, the agency representative of an insolvent insurance company,
appeal...of law, such provisions became part of the contract. See Springer v. Colburn, 162 So.2d 513
(Fla.1964). Affirmed. SHIVERS and JOANOS, JJ., concur.
152-CITE: 533 So.2d 938 Rosemary SERAFINO, Appellant, v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF
PARI-MUTUEL WAGERING, Appellee.
TEXT: PER CURIAM. Upon the joint stipulation of the parties, the order of January 24, 1988, is
vac...t stipulation of the parties, the order of January 24, 1988, is vacated, and the cause is
remanded to the appellee for a new administrative hearing.
153-CITE: 547 So.2d 703 George T. CASON, Sr., George T. Cason, Jr., and William W. Drew, Appellants, v.
FLORIDA FAVORITE FERTILIZER, INC., Appellee.
TEXT: RYDER, Judge. Appellants, plaintiffs below, seek review of the lower court s nonfinal order
...he order of the trial court is, therefore, reversed and the matter is remanded for further
proceedings. CAMPBELL, C.J., and SCHOONOVER, J., concur.
154-CITE: 567 So.2d 540 Marilyn HYMOWITZ, Appellant, v. Jeanette DRATH, Appellee.
TEXT: WARNER, Judge. This appeal emanates from an order confirming an arbitration award entered
in...e thus remand this case for further proceedings consistent with section 682.13(3) and 682.14,
Florida Statutes (1987). LETTS and DELL, JJ., concur.
155-CITE: 618 So.2d 328 Cecilia MITTENZWEI, Appellant, v. INDUSTRIAL WASTE SERVICE, INC., Appellee.
TEXT: BASKIN, Judge. Cecilia Mittenzwei appeals an order granting the motion for temporary and
man...one, D.O., P.A. v. Dade City Osteopathic Clinic, 511 So.2d 1050 (Fla. 2d DCA 1987), review
denied, 523 So.2d 576 (Fla.1988). Reversed and remanded.
156-CITE: 527 So.2d 952 IFCASA, S.A., Appellant, v. AMERICAN INTERNATIONAL CONTAINER, INC., Appellee.
TEXT: PER CURIAM. IFCASA appeals from an order of the trial court dismissing its complaint with
pr...ly, reverse and remand with directions to the trial court to delete the words with prejudice
from its order. Reversed and remanded with directions.
157-CITE: 452 So.2d 594 AMERICAN INDEMNITY COMPANY, a Texas corporation, authorized to do business in
the State of Florida, Appellant, v. LANCER, VANDROFF & SUDAKOFF, P.A., f k a Bernstein, Sherr,
Hodges, Lancer & Vandroff, P.A., Appellee.
TEXT: OTT, Chief Judge. The lower court rendered final summary judgment in favor of appellee
findi...judgment in favor of appellant. REVERSED and REMANDED for further proceedings not
inconsistent with this opinion. BOARDMAN and RYDER, JJ., concur.
158-CITE: 571 So.2d 1364 FLORIDA HI-LIFT, Appellant, v. DEPARTMENT OF REVENUE, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from an order of the Department of Revenue
(..., 127 (Fla. 1st DCA 1970). Accordingly, DOR s order assessing tax on appellant s transportation
charges is reversed. MINER and ALLEN, JJ., concur.
159-CITE: 648 So.2d 234 NATIONAL ALCOHOLISM PROGRAMS COOPER CITY, FLORIDA, INC., a Florida corporation,
d b a High Point, Appellant, v. Michael SLOCUM and Blue Shield of Northeastern New York, Appellee.
TEXT: DELL, Chief Judge. National Alcoholism Programs Cooper City, Florida, Inc., a Florida
corpor...court s order of dismissal with prejudice and remand this cause for further proceedings.
REVERSED and REMANDED. HERSEY and STEVENSON, JJ., concur.
160-CITE: 511 So.2d 343 INVESTMENT INDUSTRIES OF FLORIDA, INC., et al., Appellants, v. DEPARTMENT OF
BUSINESS REGULATION, etc., Appellee.
TEXT: COWART, Judge. We have examined the record in this case and find it insufficient to support
...ections 498.023(1) or (2), Florida Statutes (1985). The final order herein dated June 6, 1986, is
REVERSED. UPCHURCH, C.J., and SHARP, J., concur.
161-CITE: 754 So.2d 154 Gregory Roy BAKER, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, J. A police Officer transporting a prisoner observed Baker sitting in his van near
a...stop. Both the loitering statute and common sense require more than this. REVERSED and
REMANDED. COBB, J., and ORFINGER, M., Senior Judge, concur.
162-CITE: 506 So.2d 91 Marvin E. MARSHALL, Appellant, v. Fred GORE, a k a F.L. Gore and M.R.B., Inc., a
Florida corporation, Appellees.
TEXT: CAMPBELL, Judge. Appellant, Marvin E. Marshall, appeals the trial court order that enforced
...development and marketing of computer software for management and programming of dairy feeding
programs. SCHEB, A.C.J., and SANDERLIN, JJ., concur.
163-CITE: 641 So.2d 508 William R. MULDROW, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, Appellee.
TEXT: PER CURIAM. William R. Muldrow appeals an order which suspended his license as a roofing
con...try of an order dismissing the administrative complaint. We agree, and it is so ordered.
REVERSED AND REMANDED. ERVIN, WOLF and KAHN, JJ., concur.
164-CITE: 442 So.2d 1120 HIALEAH, INC., Petitioner, v. STATE of Florida DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF PARI-MUTUEL WAGERING, State of Florida Department of Business Regulation,
Florida Pari-Mutuel Commission, and Gulfstream Park Racing Association, Inc., Respondents.
TEXT: PER CURIAM. The petition for writ of mandamus is treated as one seeking review, Section
120....tes in Florida, including the viability and application of rotation rule in making that
determination. No motion for rehearing will be considered.
165-CITE: 700 So.2d 421 Barth SATULOFF, C.P.A., Appellant, v. AMERICAN RELIANCE INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. Barth Satuloff, the plaintiff in a suit for breach of an insurance contract,
app...toration because American Reliance had combined the amount admittedly due for data restoration
with the disputed amount for loss of business income.
166-CITE: 737 So.2d 1243 Stephen A. HILL, Appellant, v. Donald R. BRADY and Blenda L. Brady, Appellees.
TEXT: ON MOTION FOR REHEARING THOMAS, P., Associate Judge. We grant the appellees motion for
rehe.... Miller, 354 So.2d 925 (Fla. 2d DCA 1978). The final summary judgment of the trial court is
affirmed. AFFIRMED. DAUKSCH and GRIFFIN, JJ., concur.
167-CITE: 732 So.2d 47 Grace CHRISTIANS, Appellant Cross-Appellee, v. Robert CHRISTIANS, Appellee
Cross-Appellant.
TEXT: STEVENSON, J. Grace Christians appeals the final judgment dissolving her nine-year marriage
... equitable distribution consistent with the holding in this opinion. Affirmed in part, reversed
in part and remanded. DELL and POLEN, JJ., concur.
168-CITE: 604 So.2d 939 FORBES EQUITIES, INC., Appellant, v. AMR COMBS FLORIDA, INC., and Dulles
Equities, Inc., Appellees.
TEXT: PER CURIAM. Forbes Equities (Forbes) appeals from an order denying its motion to dismiss
for...lish jurisdiction pursuant to Florida s long arm statute, section 48.193, Florida Statutes
(1991). GLICKSTEIN, C.J., WARNER and POLEN, JJ., concur.
169-CITE: 457 So.2d 591 Ross HANCOCK, individually, Appellant, v. Frank CRIPPEN and Dorothy Crippen, his
wife, Appellees.
TEXT: SCHWARTZ, Chief Judge. Hancock is a resident of Volusia County who was joined as a
co-defend...unty where such corporation has an agent or other representative, where the cause of
action accrued, or where the property in litigation is located.
170-CITE: 675 So.2d 684 Joyce NEWBERRY, Appellant, v. Kathryn RIFE, Appellee.
TEXT: QUINCE, Judge. Joyce Newberry appeals the trial court s order denying her motion to dismiss
...tion 48.181. We, therefore, reverse the order of the trial court denying Newberry s motion to
dismiss. CAMPBELL, A.C.J., and PATTERSON, J., concur.
171-CITE: 480 So.2d 125 TRANSPORTES AEROS MERCANTILES PAN AMERICANOS (TAMPA) and Batch Air, Inc.,
Appellants, v. Humberto Medina CALDERON, Gloria Echeverry, Luis Javier Duque, Carlos Enrique
Estrada, Amparo Mejia Betancur, Appellees.
TEXT: PER CURIAM. Affirmed. Houston v. Caldwell, 359 So.2d 858 (Fla.1978). HUBBART and BASKIN,
JJ...he principal location of whatever business a company carries on within the state, even if its
Florida activities are only a small part of the whole.
172-CITE: 715 So.2d 381 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Edwin HENRY,
Respondent.
TEXT: PER CURIAM. Petitioner has failed to show that appeal from a final agency decision will not
...n adequate remedy. Accordingly, the petition for review of nonfinal administrative action is
denied. BOOTH, VAN NORTWICK and PADOVANO, JJ., concur.
173-CITE: 505 So.2d 37 The AETNA CASUALTY & SURETY COMPANY, Appellant, v. JELAC CORPORATION, Appellee.
TEXT: PER CURIAM. This is a non-final appeal of an order denying Aetna Casualty & Surety Company
s...cker, 431 So.2d 641, 645 (Fla. 2d DCA 1983); Restatement (Second) of Contracts Section 302.
AFFIRMED. DOWNEY, GLICKENSTEIN and DELL, JJ., concur.
174-CITE: 617 So.2d 732 Patsy A. WHITE, Appellant, v. Forrest H. WHITE, Appellee.
TEXT: ALTENBERND, Judge. Patsy A. White appeals a final judgment of dissolution of marriage. She
c...n remand to make these decisions. Affirmed in part, reversed in part, and remanded for further
proceedings. RYDER, A.C.J., and DANAHY, J., concur.
175-CITE: 519 So.2d 743 RBC I, Inc., Appellant, v. AJAR I, Inc., Appellee.
TEXT: PER CURIAM. In this interlocutory appeal, the defendant RBC I, Inc. (RBC) challenges an
orde...re s functional place of business. Accordingly, the plaintiff correctly selected Dade County
as the proper forum in which to bring suit. Affirmed.
176-CITE: 659 So.2d 422 Jose FERNANDEZ, as Personal Representative of the Estate of Carmen Bertematti,
deceased, Appellant, v. RES-CARE HEALTH SERVICES, INC., a foreign corporation doing business in
Florida, Alan McGinnis, Kenneth Gummels and Donald Mitchell, individually and doing business as a
partnership under the name Brookwood Extended Care Center of Homestead , a foreign partnership doing
business in Florida, Appellees.
TEXT: PER CURIAM. The appellant s motion for relief under Florida Rule of Civil Procedure 1.540
wa...relief from judgment is reversed, and this cause is remanded to the trial court for further
proceedings consistent herewith. Reversed and remanded.
177-CITE: 753 So.2d 794 ST. AUGUSTINE OCEAN AND RACQUET CLUB CONDOMINIUM ASSOCIATION, INC., Appellant,
v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, etc., Appellee.
TEXT: GRIFFIN, J. St. Augustine Ocean & Racquet Club Condominium Association, Inc. [ the
Associati...of individual condominium owners is to be struck, it is the legislature who must do it.
AFFIRMED. COBB, J., and HILL, M., Associate Judge, concur.
178-CITE: 561 So.2d 1261 O.T. HOTCHKISS, IV, Appellant, v. FMC CORP., a Delaware corporation, Appellee.
TEXT: PARKER, Judge. O.T. Hotchkiss, IV, appeals a nonfinal order denying his motion to quash
serv..., engaging in, or carrying on a business venture in this state or having an office or agency
in this state. Section 48.193(1)(a), Fla.Stat. (1989).
179-CITE: 710 So.2d 1053 Roosevelt EMANUEL, d b a Emanuel Phase I, Appellant, v. DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION, Appellee.
TEXT: CONFESSION OF ERROR PER CURIAM. We treat the appellee s motion to remand as a confession
of...nduct a hearing in accordance with the Administrative Procedure Act, Chapter 120, Florida
Statutes (1997). Reversed and remanded with instructions.
180-CITE: 533 So.2d 877 Scott DUNKIN, D.O., Appellant, v. BARKUS & KRONSTADT, D.O. s P.A., Appellee.
TEXT: SCHWARTZ, Chief Judge. This is an appeal (FN1) from an order enjoining the appellant from
an...not pass upon the applicability of such a clause to the present issue. *879 Dick v. Geist, 107
Idaho 931, 693 P.2d 1133 (Idaho App.1985). REVERSED.
181-CITE: 505 So.2d 629 GULFSTREAM PARK RACING ASSOCIATION, INC., Appellant, v. Peter COURNOYER,
Appellee.
TEXT: PER CURIAM. Gulfstream Racing Association, Inc. appeals from an order denying its motion to
...unty. On these authorities we hold that venue in this cause should have been transferred.
Reversed and remanded for further consistent proceedings.
182-CITE: 487 So.2d 1080 Thad Richard SIZEMORE, Jr., Appellant, v. Marion Lucille SIZEMORE, Appellee.
TEXT: SHARP, Judge. The former husband seeks to overturn a dissolution decree on the grounds that
...own attorney s fees. Anyone with over $300,000 in assets and a $30,000 per year income (plus
$10,400 child support) can afford to pay a good lawyer.
183-CITE: 462 So.2d 1151 JAYRE, INC., a Florida corporation, and Hillard Herzog, Appellants, v.
BARCLAYSAMERICAN BUSINESS CREDIT, INC., a Connecticut corporation, Appellee. FLAGSHIP NATIONAL BANK
OF BROWARD COUNTY, Appellant, v. BARCLAYSAMERICAN BUSINESS CREDIT, INC., a Connecticut corporation,
Appellee.
TEXT: PER CURIAM. Affirmed. ...s & Bockius and Phyllis S. Bean, Miami, for appellee. Before
SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ. TEXT: PER CURIAM. Affirmed.
184-CITE: 689 So.2d 413 ADVANCED SYSTEMS DESIGN, INC., a Florida corporation, Appellant, v. Alan B.
STRAWN, L. Ken Bennett, and Charles Felton, Appellees.
TEXT: WOLF, Judge. In this appeal we have for review an order dismissing a complaint alleging
brea...rovide services. We conclude, therefore, the trial court erred in dismissing appellant s
complaint. REVERSE. JOANOS and VAN NORTWICK, JJ., concur.
185-CITE: 662 So.2d 413 B & V LIMITED and B & V Phase I Limited, Appellants, v. ALL DADE GENERAL
CONSTRUCTION, INC., Appellee.
TEXT: PER CURIAM. B & V Limited and B & V Phase I Limited (collectively B & V ) appeal an order
gr...res judicata grounds. We therefore reverse the dismissal order, and remand with instructions to
reinstate B & V s complaint. Reversed and remanded.
186-CITE: 699 So.2d 311 EXCLUSIVE INVESTMENT MANAGEMENT & CONSULTANTS, INC., d b a New Direction
Counseling, a Florida Corporation, Petitioner Appellant, v. STATE of Florida, AGENCY FOR HEALTH CARE
ADMINISTRATION, Respondent Appellee.
TEXT: PER CURIAM. This is an appeal by Exclusive Investment Management & Consultants (EIMC), d b
a...the services. Nor does anything of record indicate that a psychiatrist or any other physician
actually rendered the services or contracted to do so.
187-CITE: 547 So.2d 721 WESTINGHOUSE ELECTRIC CORPORATION, Appellant, v. PRUDENTIAL INSURANCE COMPANY OF
AMERICA, Appellee.
TEXT: PER CURIAM. Westinghouse Electric Corporation (Westinghouse) appeals a final judgment
awardi...and remand with instructions that a judgment be entered in favor of the cross-defendant
Westinghouse. THOMPSON, WIGGINTON and NIMMONS, JJ., concur.
188-CITE: 534 So.2d 1216 Connie ALDEBOT, Appellant, v. Colleen M. STORY, Appellee.
TEXT: PER CURIAM. Connie Aldebot filed a complaint for damages against the personal
representative...e reasonably worth. Accordingly, the judgment of dismissal is vacated, and the
cause is remanded for a new trial on damages. REVERSED AND REMANDED.
189-CITE: 593 So.2d 272 SQUIRES III, INC., Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF
PITTSBURGH, PENNSYLVANIA, Appellee.
TEXT: GOSHORN, Chief Judge. Squires III, Inc. appeals the final judgment entered on the pleadings
...r. Therefore, we reverse the final judgment and remand the cause for further proceedings.
REVERSED and REMANDED. COWART and PETERSON, JJ., concur.
190-CITE: 538 So.2d 963 DEC ELECTRIC, INC., Appellant, v. RAPHAEL CONSTRUCTION CORP., Appellee.
TEXT: ANSTEAD, Judge. This is an appeal from a final judgment in a breach of contract case
holding...as a matter of law? In accordance with the above, we affirm the trial court s decision.
DOWNEY, J., and RIVKIND, LEONARD, Associate Judge, concur.
191-CITE: 701 So.2d 384 ALL-TIME TOWING, INC., Alert Towing, Inc., d b a JD S Towing, Boca Raton Towing
and Recovery, Inc., James Auto Road Service, Inc., d b a James Towing, Joy Towing, Inc., Florida
corporations and Stephen J. Tressler d b a National Towing and Recovery, Appellants, v. Charles A.
McCUTCHEON, Sheriff of Palm Beach County, Appellee.
TEXT: STEVENSON, Judge. The issue for consideration in this appeal is whether the Palm Beach
Count...titive bidding procedures which were employed by the sheriff in this case. AFFIRMED.
FARMER, J., and FRUSCIANTE, JOHN A., Associate Judge, concur.
192-CITE: 559 So.2d 1214 WINTERTHUR INTERNATIONAL, LTD., Appellant, v. Augusto Durand PALACIOS,
Appellee.
TEXT: COPE, Judge. Winterthur International, Ltd. appeals an order denying its motion to dismiss
f...is given some added weight in view of the fact that both emanated from the same legislative
enactment. See ch. 59-205, Section 10, 347, Laws of Fla.
193-CITE: 741 So.2d 641 Mona PARKER, Appellant, v. Claude AVRAHAM, Appellee.
TEXT: SHEVIN, Judge. We reverse the order setting aside the parties final dissolution judgment.
As... facts, the court erred in setting aside the order. The cause is remanded with instructions to
reinstate the final judgment. Reversed and remanded.
194-CITE: 530 So.2d 506 Jose SANTAMARIA and Justina Santamaria, Appellants, v. CHASE FEDERAL SAVINGS AND
LOAN ASSOCIATION, Appellee.
TEXT: PER CURIAM. Affirmed. See Pick Kwik Food Stores, Inc. v. Tenser, 407 So.2d 216 (Fla. 2d DCA
..., review denied, 415 So.2d 1361 (Fla.1982). See generally, 1 S. Williston, A Treatise on the Law
of Contracts Section 112 (3d ed. 1957 & Supp.1988).
195-CITE: 639 So.2d 186 HORIZON IMAGES, INC. and John Spatuzzi, Appellants, v. DELTA COLOR GRAPHICS,
INC., et al., Appellees.
TEXT: PER CURIAM. Horizon Images, Inc. appeals the order of the trial court dismissing its
complai...bstantially benefit Horizon, in order for Horizon to sue on the third party beneficiary
theory. Reversed. WARNER, KLEIN and PARIENTE, JJ., concur.
196-CITE: 752 So.2d 722 Nick FARAH Jr., d b a Farah s On The Avenue, Appellant. v. DEPARTMENT OF
BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellee.
TEXT: PER CURIAM. Having considered appellant s response to the court s order, the appeal is
hereb...d Water Florida, Inc. v. Florida Public Service Commission, 728 So.2d 1250 (Fla. 1st DCA
1999). BARFIELD, C.J., LAWRENCE and BROWNING, JJ., CONCUR.
197-CITE: 508 So.2d 528 ROYAL AMERICAN DEVELOPMENT, INC., a Florida corporation, Appellant, v. CITY OF
JACKSONVILLE, Florida, a municipal corporation, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order by which judgment was entered for the
C...enditures. The order appealed is reversed and the cause remanded for further proceedings
consistent herewith. BOOTH, C.J., and ZEHMER, J., concur.
198-CITE: 505 So.2d 630 Norman MALINSKI, Trustee, Norman Malinski, Individually, and Phyllis Z. Lakow
and Iris Z. Eagan, as Personal Representatives of the Estate of Philip P. Zipes, Appellants, v. Alan
P. COLE and Sandra Cole, Appellees.
TEXT: PER CURIAM. Affirmed. Clark v. Clark, 79 So.2d 426 (Fla.1955); 11 Fla.Jur.2d Contracts
Secti...firmed. Clark v. Clark, 79 So.2d 426 (Fla.1955); 11 Fla.Jur.2d Contracts Sections 104, 105
(1979); Baxter v. Kobs, 451 So.2d 955 (Fla. 3d DCA 1984).
199-CITE: 455 So.2d 1121 MARITIME LIMITED PARTNERSHIP, d b a Maritime Beach & Racquet Club, and T-Jon
Properties, Inc., Appellants, v. GREENMAN ADVERTISING ASSOCIATES, INC., Appellee. GREENMAN CORPORATE
CONSULTANTS, INC., Appellant, v. MARITIME LIMITED PARTNERSHIP d b a Maritime Beach & Racquet Club,
and T-Jon Properties, Inc., Appellees.
TEXT: LETTS, Judge. The question we believe to be controlling in these consolidated appeals is
whe...k of jurisdiction. Our conclusion disputes this latter ruling and we reverse it. AFFIRMED IN
PART, REVERSED IN PART. HURLEY and DELL, JJ., concur.
200-CITE: 558 So.2d 427 DEC ELECTRIC, INC., Petitioner, v. RAPHAEL CONSTRUCTION CORPORATION, Respondent.
TEXT: McDONALD, Justice. We review DEC Electric, Inc. v. Raphael Construction Corp., 538 So.2d
963...(Fla.1977), and Aetna Casualty & Surety Co. v. Warren Brothers Co., 355 So.2d 785 (Fla.1978),
albeit our decision in OBS did not turn on that issue.
201-CITE: 431 So.2d 603 Toby HYMAN, Appellant, v. STATE of Florida, DEPARTMENT OF BUSINESS REGULATION,
DIVISION OF PARI-MUTUEL WAGERING, Appellee.
TEXT: SCHWARTZ, Chief Judge. This case is before us, for consideration of the appellant Hyman s
re... whether attorney s fees and costs should be assessed under Sec. 120.68(13)(a), Fla.Stat.
(1979). Baxter is totally inapposite to the present issue.
202-CITE: 751 So.2d 103 Steve THOMSON, Petitioner, v. Lori THOMSON, Respondent.
TEXT: WARNER, C.J. The husband in a marital dissolution case seeks certiorari review of an order
d...hown any departure from the essential requirements of law or any abuse of discretion. We
therefore deny the petition. STONE and GROSS, JJ., concur.
203-CITE: 632 So.2d 226 Margaret GILL, Appellant, v. James Patrick GILL and Gills Trading Co., Inc.,
Appellees.
TEXT: SCHOONOVER, Judge. The appellant, Margaret Gill, challenges the final judgment dissolving
he...nd it necessary to reverse any of the court s other awards. Reversed and remanded with
instructions. CAMPBELL, A.C.J., and THREADGILL, J., concur.
204-CITE: 447 So.2d 226 LIBRARY LOUNGE, INC., d b a Library Lounge, Appellant, v. DIVISION OF ALCOHOLIC
BEVERAGES AND TOBACCO, Appellee.
TEXT: PER CURIAM. Affirmed. Florida Real Estate Commission v. Webb, 367 So.2d 201 (Fla.1978);
Lash...ation, 411 So.2d 276 (Fla. 3d DCA 1982); Section 120.68(10) and Section 120.68(12), Fla.Stat.
(1979). OTT, C.J., and RYDER and DANAHY, JJ., concur.
205-CITE: 563 So.2d 767 HOME DESIGN CENTER - JOINT VENTURE, a Florida general partnership, Appellant, v.
COUNTY APPLIANCES OF NAPLES, INC., a Florida corporation, Beverly L. Good, and Harry A. Walcott,
Appellees.
TEXT: ALTENBERND, Judge. Home Design Center--Joint Venture appeals a final judgment which
relieved...ty Appliances insurance difficulties did not establish a valid defense in this case.
Reversed and remanded. DANAHY, A.C.J., and LEHAN, J., concur.
206-CITE: 685 So.2d 951 FRIENDS OF LUBAVITCH LANDOW YESHIVAH, Appellant, v. NORTHERN TRUST BANK OF
FLORIDA, etc., Appellee.
TEXT: NESBITT, Judge. Friends of Lubavitch Landow Yeshivah (Lubavitch), a not-for-profit Florida
c.... Accordingly, the trial court s decision transferring venue is reversed. Venue will be in Dade
county for the charity s amended action to proceed.
207-CITE: 433 So.2d 36 METROPOLITAN LIFE INSURANCE COMPANY, A New York corporation, Appellant, v. Robert
S. AUSTIN and Alfred S. Austin, co-partners, d b a Austin Development Company, et al., Appellees.
TEXT: PER CURIAM. Metropolitan Life Insurance Company brought suit seeking temporary and
permanent...ccordingly, we REVERSE and REMAND for entry of relief consistent with our foregoing
opinion. HOBSON, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.
208-CITE: 447 So.2d 965 TRI-PROPERTIES, INC., Appellant, v. MOONSPINNER CONDOMINIUM ASSOCIATION, INC.,
Appellee.
TEXT: SMITH, Judge. Appellant, a management company, appeals from a final judgment denying relief
...ord v. Graham, 418 So.2d 1204 (Fla. 1st DCA 1982). *968 Accordingly, the judgment appealed from
is AFFIRMED. ERVIN, C.J., and NIMMONS, J., concur.
209-CITE: 492 So.2d 1 SAND DOLLAR INVESTMENTS, INC., Appellant Cross Appellee, v. ANJA, INC., and
Mistel, Inc., Appellees Cross Appellants.
TEXT: PER CURIAM. On the main appeal, we reverse and remand with direction to calculate a
reasonab...riting, to be reasonable and just, when such fee does not exceed 10 percent of the
principal sum named in said note, or other instrument in writing.
210-CITE: 701 So.2d 1249 Donald L. JOYNT and Amy M. Joynt, Appellants, v. ORANGE COUNTY, Florida, etc,
Appellee.
TEXT: HARRIS, Judge. In this eminent domain case, the property owner is seeking business damages.
...ce damages to a road right-of-way condemnation, it would have done so in plain language.
REVERSED and REMANDED. DAUKSCH and W. SHARP, JJ., concur.
211-CITE: 665 So.2d 1134 Wanda GRYDER, Appellant, v. CENTURY 21 OVIEDO REALTY, INC., et al., Appellees.
TEXT: PER CURIAM. Wanda Gryder appeals a final judgment rendered after a non-jury trial in favor
o...n of the contract was left with Gryder for several days during which the broker testified that
Gryder informed him that she would be seeking advice.
212-CITE: 620 So.2d 217 WJA REALTY LIMITED PARTNERSHIP, d b a Tampa Jai Alai, Appellant, v. DEPARTMENT
OF BUSINESS REGULATION, DIVISION OF PARIMUTUEL WAGERING, Appellee.
TEXT: PER CURIAM. The appellant challenges an administrative order by which the Division of
Pari-M...nstitution. See Florida Export. We therefore reverse the appealed order insofar as it
assesses the disputed tax. ALLEN, WOLF and KAHN, JJ., concur.
213-CITE: 435 So.2d 979 Sally Wingate UPSTILL, Appellant, v. Paul Edward UPSTILL, Appellee.
TEXT: GLICKSTEIN, Judge. In this appeal by the former wife from the final judgment of
dissolution,...to value and origin of each relevant asset in issue. *981 award as equitable
distribution as those findings suggest. DOWNEY and LETTS, JJ., concur.
214-CITE: 673 So.2d 874 STATE, DEPARTMENT OF TRANSPORTATION, Appellant, v. James C. COLEMAN, et ux, et
al., Appellee.
TEXT: PER CURIAM. Pursuant to an eminent domain proceeding, the Department of Transportation took
...ully dissent for the reasons set out in my separate opinion in State, Department *875 of
Transportation v. Murray, 670 So.2d 977 (Fla. 1st DCA 1996)
215-CITE: 458 So.2d 1171 Malcolm WINFIELD, Appellant, v. The STATE of Florida, DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Appellee.
TEXT: PER CURIAM. The final order of the Division of Pari-Mutuel Wagering is affirmed upon a
holdi...ring officer s determinations, which were adopted by the Division, that Winfield violated
three rules of the Florida Administrative Code. Affirmed.
216-CITE: 686 So.2d 7 C. Raymond McINTYRE, as Property Appraiser of Highlands County, Florida, J.T.
Landress, as Tax Collector of Highlands County, Florida; and L.H. Fuchs, as Executive Director of
the Department of Revenue, State of Florida. Petitioners, v. FRIENDLY VILLAGE LANCASTER ASSOCIATES,
LTD., a California limited partnership registered to do business in Florida, Diamond Village
Associates, Ltd., a California limited partnership registered to do business in Florida; and Crystal
Lake Community Limited Partnership, a California limited partnership registered to do business in
Florida, Respondents.
TEXT: PER CURIAM. The Petition for Writ of Certiorari is dismissed. Martin-Johnson, Inc. v.
Savage...a.1987); Parkway Bank v. Fort Myers Armature Works, Inc., 658 So.2d 646 (Fla. 2d DCA 1995).
FRANK, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.
217-CITE: 688 So.2d 467 Lauren DONSKY-LEVINE, Appellant, v. David G. LEVINE and Wheeler Dealer, Inc., a
Florida corporation, Appellees.
TEXT: PER CURIAM. This is the second appeal arising out of the trial court s deficient judgments
i...ney s fees and reverse the award of only partial fees to her. We affirm as to all other issues
raised. GLICKSTEIN, DELL and PARIENTE, JJ., concur.
218-CITE: 732 So.2d 1156 HORIZON CMS HEALTHCARE CORPORATION, et al., Appellants Cross-Appellees, v.
SOUTHERN OAKS HEALTH CARE, INC., et al., Appellees Cross-Appellants.
TEXT: GOSHORN, J. Horizon CMS Healthcare (hereinafter Horizon ) appeals the final judgment in
favo...on under the contracts or under RUPA, it would be error to order dissolution and the remedy
would be reversal, not damages for wrongful dissolution.
219-CITE: 651 So.2d 1248 Jeffrey Michael ESPOSITO, Appellant, v. Angie R. ESPOSITO, Appellee.
TEXT: QUINCE, Judge. Jeffrey Esposito (husband) appeals the trial court s distribution of assets
i...stribution of the massage therapy business and remand for further proceedings consistent with
this opinion. CAMPBELL, A.C.J., and BLUE, J., concur.
220-CITE: 449 So.2d 1006 Richard H. SLACTER, Appellant, v. CITY OF ST. PETERSBURG, a municipal
corporation, Appellee.
TEXT: BOARDMAN, Acting Chief Judge. This appeal involves an action in eminent domain. Upon
review...them reversible error has not been demonstrated. REVERSED and REMANDED for proceedings
consistent with this opinion. SCHEB and LEHAN, JJ., concur.
221-CITE: 550 So.2d 174 MACKENZIE INSURANCE AGENCIES, INC., Appellant, v. ATF LINES, INC., Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals an order denying its motion to dismiss appellee s
amende... dismiss the amended complaint. Upon remand, in his discretion, the trial judge may
reconsider the motion to abate. BOOTH and BARFIELD, JJ. concur.
222-CITE: 465 So.2d 623 SUBURBAN DISPOSAL SERVICE OF PASCO, INC., Appellant, v. CENTRAL CARTING, INC.,
Appellee.
TEXT: SCHEB, Acting Chief Judge. Suburban Disposal Service of Pasco, Inc., plaintiff below,
challe...e trial court s order of May 23, 1984, and remand this cause for further proceedings
consistent with this opinion. CAMPBELL and LEHAN, JJ., concur.
223-CITE: 490 So.2d 130 Leonor GARCIA, Francisco Garcia, Cristobal Brito and Hortensia Brito,
Appellants, v. Percy D. ALFONSO and Mirta Alfonso, Appellees.
TEXT: PER CURIAM. Appellants, the sellers of real property and the purchasers under a second
contr... and time was of the essence), rev. denied, 412 So.2d 467 (Fla.1982). Reversed and remanded
with instructions to enter judgment for the defendants.
224-CITE: 614 So.2d 583 AIR SUPPORT SERVICES INTERNATIONAL, INC., a Florida corporation, Appellant, v.
METROPOLITAN DADE COUNTY, Florida, Appellee.
TEXT: PER CURIAM. Air Support appeals a summary judgment entered on its complaint for declaratory
... is best served by construing the bid requirements, if at all reasonable, in a way that would
give all bidders an opportunity to compete. Reversed.
225-CITE: 669 So.2d 336 MIAMI CHILD S WORLD, INC., Appellant, v. SUNBEAM TELEVISION CORP. d b a WSVN
Channel 7 and Jon Steinberg, Appellees.
TEXT: PER CURIAM. The plaintiff, Miami Child s World, Inc. [Child s World], appeals from an
advers...ent and that it expired by its own terms. Therefore, the trial court properly granted
summary judgment as to both counts, and we affirm. Affirmed.
226-CITE: 667 So.2d 961 Rockne W. DYER, Appellant Cross-Appellee, v. PIONEER CONCEPTS, INC., Appellee
Cross-Appellant.
TEXT: PARKER, Judge. Rockne W. Dyer appeals a temporary injunction which prohibits him from
engagi...odify the temporary injunction to apply the geographical area contained in the
noncompetition agreement. SCHOONOVER, A.C.J., and FRANK, J., concur.
227-CITE: 519 So.2d 739 STADLER COMMERCIAL REAL ESTATE SERVICES, INC., Appellant, v. INDUSTRIAL WASTE
SERVICES, INC., Appellee.
TEXT: PER CURIAM. This is an appeal by a plaintiff real estate broker from a final summary
judgmen... (Fla.1955); Warren Hunnicutt, Jr., Inc. v. Gleason, 462 So.2d 878 (Fla. 2d DCA 1985);
Scott v. Downey, 314 So.2d 16 (Fla. 4th DCA 1975). Affirmed.
228-CITE: 479 So.2d 246 James E. FINN, Paul T. Heineman, Gerald F. Fox, Browning Crow, Charles T.
Hennigan, Edgar B. Johnson, Daniel J. Watkins, Daniel J. Spigai, John L. Cotton, Francis X. Hall,
Robert S. Coma, Donald A. Dupies, William Love, William Meredith, Robert D. Miller and James L.
Tuttle, Jr., individually and as partners doing business as Howard, Needles, Tammen & Bergendoff, a
partnership, Appellants, v. LEE COUNTY, Florida, et al., Appellees. PHILLIPS & JORDAN, INC., and St.
Paul Fire and Marine Insurance Company, Appellants, v. LEE COUNTY, Florida, et al., Appellees.
TEXT: DANAHY, Judge. The appellants (HNTB and Phillips & Jordan) bring this appeal from a partial
...l theory propounded by Lee County. We reverse and remand for further proceedings consistent with
this opinion. RYDER, C.J., and LEHAN, J., concur.
229-CITE: 661 So.2d 955 GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida corporation, Appellant, v.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, and The
Florida Thoroughbred Breeders Association d b a The Florida Thoroughbred Breeders and Owners
Association, and Stanley M. Ersoff, Appellees.
TEXT: GUNTHER, Chief Judge. Appellant, Gulfstream Park Racing Association, Inc., appeals a
declara...50.2625(2)(a) without prejudice to Gulfstream to raise any affirmative defenses in future
proceedings. AFFIRMED. POLEN and STEVENSON, JJ., concur.
230-CITE: 702 So.2d 578 James A. KIPPING, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Acting Chief Judge. James A. Kipping (hereinafter Kipping or James ) appeals his
convi... to the trial court for sentencing within the guidelines. Conviction affirmed, sentence
reversed, and remanded. QUINCE and NORTHCUTT, JJ., concur.
231-CITE: 430 So.2d 928 OSCAR S LOUNGE, INC., d b a Oscar s Restaurant and Lounge, Appellant, v.
DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellee.
TEXT: PER CURIAM. Affirmed. Section 120.57(1)(b) 9, Fla.Stat. (1981); Westchester General
Hospital...me and Property Owners v. Ruzakawski, 336 So.2d 399 (Fla.1976); Schomer v. Department of
Professional Regulation, 417 So.2d 1089 (Fla. 3d DCA 1982).
232-CITE: 627 So.2d 1346 Newton SMITH, a k a Francis N. Smith, Appellant, v. DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION, BOARD OF CLINICAL LABORATORY PERSONNEL, Appellee.
TEXT: PER CURIAM. This is an appeal brought by a license applicant from a decision of the
Departme...r licensure is quashed, with instructions to the Department to forward the applicant s
petition to the DOAH. Reversed and remanded with directions.
233-CITE: 702 So.2d 246 Rafael SUAREZ, Appellant, v. Maria C. SUAREZ, Appellee.
TEXT: PER CURIAM. Affirmed. JORGENSON and LEVY, JJ., concur. COPE, Judge (dissenting). I
acknow...latively modest lifestyle during the marriage, this case is in serious danger of
overlitigation. It needs more than anything a prompt final hearing.
234-CITE: 559 So.2d 1301 COOKBOOK PUBLISHERS, INC., Appellant, v. AMERICAN DENTAL PROGRAM, Appellee.
TEXT: PER CURIAM. This is an appeal from a final judgment entered after a non-jury trial,
ordering..., and Seville Financial Inc. v. Nationwide Marketing Assoc., Inc., 488 So.2d 658 (Fla.
4th DCA 1986). ANSTEAD, GLICKSTEIN and GARRETT, JJ., concur.
235-CITE: 697 So.2d 985 Joseph SIMMONS, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, Judge. In contesting the restitution order entered in appellant s criminal
prosecuti...se the order of restitution. We therefore reverse the order of restitution and remand
for a new restitution hearing. POLEN and GROSS, JJ., concur.
236-CITE: 732 So.2d 459 GULF ISLAND RESORT, INC., a Florida Corporation, individually and as general
partner of Gulf Island Resort, L.P., Ltd., a Delaware Limited Partnership, and Judah Hertz, Alex
Bistricer, and Robert B. Fireworker as limited partners of Gulf Island Resort, L.P., Ltd., and Kit
Marchel, Robert B. Fireworker, Judah Hertz, Alex Bistricer and David Ross as trustees of Gulf Island
Resort, Inc., Appellants, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF FLORIDA
LAND SALES, CONDOMINIUMS, AND MOBILE HOMES, Appellee.
TEXT: LAWRENCE, J. We have for review a default final order, issued by the Department of Business
...order which imposes liability on the limited partners and corporate trustees. REVERSED and
REMANDED with instructions. WOLF and KAHN, JJ., CONCUR.
237-CITE: 490 So.2d 1282 John M. WINTERBOTHAM, III, et al., Appellants Cross Appellees, v. COMPUTER
CORPS, INC., etc., Appellee Cross Appellant.
TEXT: UPCHURCH, Judge. This is an appeal and cross appeal from a final judgment determining that
t...r contract for the Alpha Micro computer in addition to the other items previously awarded.
REVERSED and REMANDED. ORFINGER and SHARP, JJ., concur.
238-CITE: 647 So.2d 812 ETHAN ALLEN, INC., Appellant, v. GEORGETOWN MANOR, INC., Appellee.
TEXT: GRIMES, Chief Judge. This case is before the Court to review a question of law certified by
...ionship with which the tortfeasor interfered there was far different than the one maintained by a
retail furniture dealer with 89,000 past customers
239-CITE: 675 So.2d 584 CITIZENS NATIONAL BANK AND TRUST COMPANY, et al., Petitioners, v. Loue E.
STOCKWELL, Jr., et al., Respondents.
TEXT: HARDING, Justice. We have for review the decision in Stockwell v. Citizens National Bank
and...Second District Court of Appeals and disapprove Bennett. It is so ordered. KOGAN, C.J., and
OVERTON, SHAW, GRIMES, WELLS and ANSTEAD, JJ., concur.
240-CITE: 656 So.2d 167 Tracy L. MILLIGAN, Appellant, v. Robert L. MILLIGAN, Appellee.
TEXT: PATTERSON, Judge. The wife appeals from a final judgment of dissolution of marriage. We
find...n amended final judgment awarding the husband s equity in the marital home to the wife as
lump-sum alimony. DANAHY, A.C.J., and QUINCE, J., concur.
241-CITE: 576 So.2d 1342 ARMAN SAPORITO, et al., Appellants, v. George A. MADRAS, etc., Appellee.
TEXT: DIAMANTIS, Judge. Arman Saporito and his wife (Saporito) appeal the final judgment of
involu... recognize that our holding conflicts with Wagner. REVERSED and REMANDED. DAUKSCH and
COBB, JJ., concur. ------------ (FN1) Fla.R.Civ.P. 1.420(b).
242-CITE: 586 So.2d 1191 INTERCONTINENTAL CORP., et al., Appellants, v. ORLANDO REGIONAL MEDICAL CENTER,
INC., Appellee.
TEXT: GRIFFIN, Judge. This is an appeal from a non-final order denying appellants motion to
dismis...---- (FN3) The record does not show that any of the twenty-eight ORMC patients were in
Florida when (or if ever) told not to pay the excess charges.
243-CITE: 455 So.2d 466 DODGEN INDUSTRIES, INC., Appellant, v. Calvin COOK, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order awarding appellee indemnification
after...1980); Bradford White Corp. v. Aetna Ins. Co., 372 So.2d 994 (Fla. 3d DCA 1979). In the
present case the parties rely solely upon Section 48.181(1).
244-CITE: 555 So.2d 372 Michael TODOROVICH, Appellant, v. John W. WOLFNER, Appellee.
TEXT: PER CURIAM. In an action for slander, the plaintiff, Jack Wolfner, placed before the jury
as... (Fla.1987), cert. denied, 484 U.S. 1020, 108 S.Ct. 733, 98 L.Ed.2d 681 (1988). Wolfner s
damage claim did not involve a character issue. Affirmed.
245-CITE: 580 So.2d 879 SECURITY FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant, v. STATE of
Florida, DEPARTMENT OF TRANSPORTATION, Appellee.
TEXT: PER CURIAM. No reversible error being found, the judgment is AFFIRMED. Appellant s motion
fo...amages and substantial business damages, the jury s verdict of zero business damages should
also be reversed and the cause remanded for a new trial.
246-CITE: 436 So.2d 1013 CLARK AND COMPANY, INC., Appellant, v. The DEPARTMENT OF INSURANCE AS RECEIVER
OF EASTERN INSURANCE COMPANY and The Florida Insurance Guaranty Association, Appellees.
TEXT: ERVIN, Chief Judge. Appellant, Clark and Company, Inc. (Clark), appeals from a final order
d...nee . See generally 4 Fla.Jur.2d Assignments Sections 1, 13 (1978). Accordingly, the final
order is AFFIRMED. THOMPSON and WIGGINTON, JJ., concur.
247-CITE: 441 So.2d 1116 CONGER LIFE INSURANCE COMPANY, Appellant, v. Richard DEIMEL, Appellee.
TEXT: FERGUSON, Judge. This appeal is brought from an order adjudging defendant Conger indebted
to... to show that the offeror relented as to either part of the new offer. Reversed and remanded
with instructions to enter judgment for the appellant.
248-CITE: 629 So.2d 852 KRYPTON BROADCASTING OF JACKSONVILLE, INC., a Delaware corporation, Petitioner,
v. MGM-PATHE COMMUNICATIONS CO., a Delaware corporation, Bono Equity Corporation, a Florida
corporation, Respondents.
TEXT: BOOTH, Judge. This cause is before us on petition for writ of certiorari under Florida Rule
...). Certiorari is granted. The order below is quashed, and this cause is remanded for proceedings
consistent herewith. SMITH AND WOLF, JJ., concur.
249-CITE: 439 So.2d 232 Conrad C. PALUMBO, Appellant, v. Janet R. PALUMBO, Appellee.
TEXT: FOXMAN, Associate Judge. This was a twelve year marriage with no children being born. At
the...dance with this opinion. The trial court may, in its discretion, receive further evidence.
REVERSED and REMANDED. DAUKSCH and COWART, JJ., concur.
250-CITE: 519 So.2d 708 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Jacob SCHATT and
Texaco, Inc., Appellees.
TEXT: LEHAN, Acting Chief Judge. The issue in, and the facts of, this case are substantially
indis...ARDS, AND PAYING THE REAL ESTATE TAXES ON THE PRO