Phrase search :business employment
Results 1-11201
1-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.
2-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).
3-CITE: 629 So.2d 1008 Robert COSTELLO and Valerie Costello, his wife, Appellants, v. INSURANCE
SERVICING & ADJUSTING COMPANY, a Florida corporation, and Alyse Netzer, Appellees.
TEXT: PER CURIAM. We reverse the summary final judgment entered against appellant in his action
fo...tionship. Therefore, we believe that there is a genuine issue of material fact in this issue.
DELL, C.J., and GLICKSTEIN and PARIENTE, JJ., concur.
4-CITE: 646 So.2d 798 Patricia J. DeLISI, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,
Appellee.
TEXT: FRANK, Chief Judge. Patricia DeLisi sought unemployment compensation after she was
discharge...employment Appeals Commission and remand this matter for entry of an order allowing
DeLisi s claim for benefits. PATTERSON and QUINCE, JJ., concur.
5-CITE: 466 So.2d 1275 SYSTEMATIC DISTRIBUTION CORPORATION, Appellant, v. STATE of Florida, DEPARTMENT
OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION, Appellee.
TEXT: PER CURIAM. We reverse the order of the director of the Division of Unemployment
Compensatio...-savings motives, and the real controls that appellant exercises over its contractors,
I am uncomfortable with the result. SCHWARTZ, C.J., concurs.
6-CITE: 736 So.2d 25 AERO KOOL CORPORATION, Appellant, v. Gilbert OOSTHUIZEN, Appellee.
TEXT: PER CURIAM. Aero Kool Corporation appeals from the lower court s non-final order denying
its...cialized training. We reverse the trial courts denial of temporary injunctive *27 relief and
remand with directions to issue a temporary injunction.
7-CITE: 528 So.2d 1291 The TRAVELERS INSURANCE COMPANY, Appellant, v. John Morgan NETTLES, and D.P.
Enterprises a k a David Petree Enterprises, Appellees.
TEXT: ERVIN, Judge. The dispute in this workers compensation appeal centers around whether the
wor...mant in its employment, and that he remained in such employment at the time of the
work-related injury. AFFIRMED. JOANOS and NIMMONS, JJ., concur.
8-CITE: 632 So.2d 235 Douglas R. COOPER, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and
Complete Business Systems, Inc., Appellees.
TEXT: PER CURIAM. The Unemployment Appeals Commission construed the employment contract as a bar
t...prohibited from listing his own house for sale. The order denying unemployment benefits is
reversed. ZEHMER, C.J., and MINER and WOLF, JJ., concur.
9-CITE: 696 So.2d 1342 Arthur J. GOLDSTEIN, Appellant, v. LULU S, et al., Appellee.
TEXT: PER CURIAM. Arthur J. Goldstein appeals from an order affirming the Appeals Referee s
determ...of livelihood. ). Accordingly, the claimant was not liable to the agency for repayment of
unemployment compensation benefits paid to him. REVERSED.
10-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.
11-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.
12-CITE: 706 So.2d 927 Judy L. MOMSEN, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS COMMISSION,
Appellee. Nicholas A. CUOMO, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS COMMISSION,
Appellee.
TEXT: PATTERSON, Judge. Nicholas Cuomo and Judy Momsen (the claimants), in separate appeals,
chall...ich requires Momsen to repay $4,122 of her benefits and Cuomo to repay $3,153 of his
benefits. Reversed FRANK, A.C.J., and ALTENBERND, J., concur.
13-CITE: 724 So.2d 693 Akitonto TOHMA f k a Akitomo Ikehata, Appellant, v. SPALDING & EVENFLO
COMPANIES, INC., Appellee.
TEXT: NORTHCUTT, Judge. We affirm the judgment under review. The law of Florida is that in the
abs...and certain provision binding the parties to a specific term of employment. Affirmed. BLUE,
A.C.J., and QUINCE, PEGGY A., Associate Judge, Concur.
14-CITE: 436 So.2d 418 Thomas J. WALDRIP and Warren P. Earp, Appellants, v. DYAL SALES CO., INC., a
Florida corporation, Appellee.
TEXT: WIGGINTON, Judge. Appellants appeal the trial court s order denying their motions to
dismiss...n of Section 48.193(3), Florida Statutes. The trial court did not err in denying the
motion to dismiss. AFFIRMED. JOANOS and ZEHMER, JJ., concur.
15-CITE: 554 So.2d 649 Marvin FAULK, Appellant, v. ROADWAY EXPRESS, INC., Appellee.
TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which a claim
for...not an authorized rehabilitation benefit under section 440.49, Florida Statutes. The order
appealed is affirmed. JOANOS and THOMPSON, JJ., concur.
16-CITE: 597 So.2d 801 Henry A. GRANT, and Computer Career Connections, Inc., Appellants, v. ROBERT
HALF INTERNATIONAL, INC., successor in interest to Robert Half of Florida, Inc., Appellee.
TEXT: PER CURIAM. Appellants, Henry A. Grant (Grant), and Computer Connections, Inc., appeal a
tem... not decide the ultimate outcome of the dispute pending before the trial court. See Tiffany
Sands, Inc. v. Mezhibovsky, 463 So.2d at 351. Affirmed.
17-CITE: 697 So.2d 547 Ian SIMMONS, Appellant, v. ROYAL FLORAL DISTRIBUTORS, INC, Appellee.
TEXT: PER CURIAM. Ian Simmons appeals an order purporting to conform a previously appealed
contemp...riod, so long as neither his business nor the customers business is located within the
200-mile radius. GLICKSTEIN, KLEIN and SHAHOOD, JJ., concur.
18-CITE: 479 So.2d 853 FLORIDA HOME HEALTH SERVICES, INC., Appellant, v. STATE of Florida, DEPARTMENT
OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION, Appellee.
TEXT: PER CURIAM. The undisputed facts as found by the special deputy and adopted by the
Departmen...pist, or physical therapist who is nonsalaried and working pursuant to a written
contract with a home health agency as defined in Section 400.462.
19-CITE: 753 So.2d 743 Laura HAMILTON, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Laura Hamilton appeals a restitution order, arguing that the evidence was
legall... owner estimated that the actual loss was greater than $7,720.05, but only had written
documentation for a portion of appellant s employment period.
20-CITE: 708 So.2d 312 Michael SCHEER, M.D., Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, an
Illinois corporation authorized to do business in Florida, June Vernon and Delroy Vernon, Jasmine
Ashley, and Marjorie Young, Appellees.
TEXT: KLEIN, Judge. Three female co-employees of Dr. Scheer sued him and their joint employer in
f...ourt erred in finding that the business pursuits exclusion left Dr. Scheer without a defense or
coverage. Reversed. WARNER and FARMER, JJ., concur.
21-CITE: 513 So.2d 125 THE FLORIDA BAR, Complainant, v. Bailey M. WELDEN, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before the Court for consideration of a referee
... GRIMES and KOGAN, JJ., concur. ------------ (FN*) Disciplinary Rules cited are found in the
former Florida Bar Code of Professional Responsibility.
22-CITE: 666 So.2d 1054 Eduardo MONTADAS, Appellant, v. DADE SCRAP IRON AND METAL, INC., Appellee.
TEXT: PER CURIAM. Eduardo Montadas, a pizza deliveryman, appeals an adverse final summary
judgment... scope of employment is an issue of law where there is no fact conflict). The entry of
summary judgment was therefore error. Reversed and remanded.
23-CITE: 500 So.2d 1372 Emory R. MESSER, etc., Appellant, v. DEPARTMENT OF LABOR & EMPLOYMENT SECURITY,
Appellee.
TEXT: COBB, Judge. This is an appeal from an order of the Unemployment Compensation Division of
th...nt contractors, rather than employees as found by the Commission. Accordingly, the Commission s
order is REVERSED. DAUKSCH and SHARP, JJ., concur.
24-CITE: 646 So.2d 799 John H. KOHLHAUFF, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and
Fort Myers Lumber & Supply Company, Appellees.
TEXT: QUINCE, Judge. John H. Kohlhauff appeals an Unemployment Appeals Commission (UAC) order
affi...33 (Fla. 2d DCA 1969). There was more than adequate evidence to sustain a finding of
misconduct. Affirmed. FRANK, C.J., and PATTERSON, J., concur.
25-CITE: 482 So.2d 536 Thomas A. HAZEL, Appellant, v. GAY & PETWAY INSURANCE, INC., Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order by which he was found to have violated
...cting and soliciting as utilized in the preliminary injunction. As so modified, the order
appealed is affirmed. SHIVERS and WIGGINTON, JJ., concur.
26-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.
27-CITE: 561 So.2d 675 STUART I. LEVIN, P.A., Appellant, v. STATE of Florida, DEPARTMENT, OF LABOR AND
EMPLOYMENT SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION, Appellee.
TEXT: PER CURIAM. Affirmed. See Duval Util. Co. v. Florida Pub. Serv. Comm n, 380 So.2d 1028
(Fla..... Cochran, 184 So.2d 173 (Fla.1966); Andrus v. Florida Dep t of Labor & Employment Sec.,
Div. of Employment Sec., 379 So.2d 468 (Fla. 4th DCA 1980).
28-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.
29-CITE: 741 So.2d 1163 GULFVIEW ANIMAL HOSPITAL, Appellant, v. Patricia A. ZEMKE and Florida
Unemployment Appeals Commission, Appellees.
TEXT: PER CURIAM. Gulfview Animal Hospital (Gulfview) appeals an order from the Unemployment
Appea... to consider the central issue on appeal). Reversed and remanded for further proceedings.
THREADGILL, A.C.J., and GREEN and STRINGER, JJ., Concur.
30-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.
31-CITE: 510 So.2d 652 Debbie NELLER, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Cowles, Inc.,
Appellees.
TEXT: COWART, Judge. Appellant was employed to deliver pizzas in her personal car. When her car
be... Commerce, Division of Employment Security, 356 So.2d 1317 (Fla. 4th DCA 1978). AFFIRMED.
DAUKSCH, J., and BEVERLY, V.Q., Associate Judge, concur.
32-CITE: 667 So.2d 447 PUTNAM COUNTY SCHOOL BOARD and Gallagher Bassett Services, Appellants, v. Ruby
DEBOSE, Appellee.
TEXT: DAVIS, Judge. Putnam County School Board and Gallagher Bassett Services appeal an order of
t...rth in section 440.02(15)(b)2., Florida Statutes (1993). Accordingly, the order on appeal is
REVERSED. ALLEN, J., and SMITH, Senior Judge, concur.
33-CITE: 604 So.2d 867 JONES & SCULLY, INC., a Florida corporation, Robert M. Scully, Jr., Timothy M.
Scully, David Scully, Anthony P. Bos and Lucille W. Scully as Personal Representative of the Estate
of Robert W. Scully, Sr., Deceased, Appellants, v. Lawrence J. O CONNELL, Appellee.
TEXT: PER CURIAM. The defendants below, Jones & Scully, Inc. [JSI] and others, appeal from a
final... the final judgment which award O Connell $30,000.00 for fiscal year 1984 and $30,000.00 for
fiscal year 1985 based on Scully s admissions at trial.
34-CITE: 719 So.2d 339 DEPARTMENT OF HIGHWAY SAFETY, etc., Appellant, v. Sylvie Marie PARSONS,
Appellee.
TEXT: W. SHARP, Judge. The Florida Department of Highway Safety and Motor Vehicles, Division of
Dr...nse suspension, pending the circuit court s certiorari review of the case below. Stockman.
REVERSED and REMANDED. GOSHORN and HARRIS, JJ., concur.
35-CITE: 494 So.2d 268 HOME FUEL OIL COMPANY, INCORPORATED, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS
COMMISSION and Irene F. Castle, Appellees.
TEXT: DANAHY, Chief Judge. Appellant, Home Fuel Oil Co., Inc., appeals a ruling by the Florida
Une...utable to his employer or in which he has been discharged by his employing unit for misconduct
connected with his work, if so found by the division.
36-CITE: 481 So.2d 51 Mary G. DRINNENBERG, Tammy Drinnenberg, a minor, by and through her mother and
natural guardian, Mary G. Drinnenberg, and Morris Drinnenberg, Appellants, v. STATE of Florida,
DEPARTMENT OF TRANSPORTATION, Appellee.
TEXT: LEHAN, Judge. Plaintiffs in this personal injury case appeal from a summary judgment
granted...dingly, entry of summary judgment was erroneous. Reversed and remanded for proceedings
consistent herewith. DANAHY, A.C.J., and FRANK, J., concur.
37-CITE: 655 So.2d 1310 Jean C. GORR, Appellant, v. SHERIDAN TRAVELS, INC., and Florida Unemployment
Appeals Commission, Appellees.
TEXT: PER CURIAM. We reverse, as manifestly against the weight of the evidence, the decision of
th...r employment. Accordingly, we reverse and direct that Appellant be deemed qualified to receive
benefits. GLICKSTEIN, STONE and FARMER, JJ., concur.
38-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.
39-CITE: 650 So.2d 112 Andrea MARMUREK, Appellant, v. SUNDOWN VITAMINS and Chubb Insurance Group,
Appellees.
TEXT: WEBSTER, Judge. In this workers compensation case, claimant seeks review of an order
denying...judge of compensation claims shall then revisit the issue of compensability. REVERSED and
REMANDED, with directions. MINER and DAVIS, JJ., concur.
40-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.
41-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.
42-CITE: 664 So.2d 25 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v.
Michael LITSCH, Appellee.
TEXT: STONE, Judge. We affirm an order directing the State of Florida, Department of Highway
Safet... of a substance abuse education class, notwithstanding such a court order. Therefore, the
judgment is affirmed. GLICKSTEIN and FARMER, JJ., concur.
43-CITE: 653 So.2d 1104 LEE COUNTY PORT AUTHORITY, Appellant, v. Jimmie R. WRIGHT, Appellee.
TEXT: PER CURIAM. The Lee County Port Authority appeals a final summary judgment which ordered
the...nt entered in favor of Wright is reversed, and the cause is remanded for further proceedings.
THREADGILL, A.C.J., and BLUE and FULMER, JJ., concur.
44-CITE: 642 So.2d 812 COMMUNITY ANIMAL HOSPITAL OF DADE, INC. and Centennial, Appellants, v. Mercedes
VARGAS, Appellee.
TEXT: PER CURIAM. Appellant, Community Animal Hospital of Dade, Inc., appeals the order of the
jud...oppel may apply under certain circumstances, this is not an appropriate case for its
application. REVERSED. BARFIELD, MINER and WOLF, JJ., concur.
45-CITE: 544 So.2d 1124 Allyson DUFF, Jean W. Duff, and William M. Duff, Appellants, v. Santiago
VAZQUEZ and B.A.C.H. Enterprises, Inc., d b a Bach Discount Jewelers, Appellees.
TEXT: LEVY, Judge. The corporate defendant [Defendant] owns two stores in South Florida, one in
th...rs that the trial court was eminently correct in granting Defendant s motion for summary
judgment. Accordingly, the judgment is affirmed. Affirmed.
46-CITE: 698 So.2d 357 Wade WILLIAMS, Appellant, v. Barry REED, Appellee.
TEXT: POLEN, Judge. We reverse the final summary judgment entered in favor of appellee Barry Reed
...mary judgment was improper on either of the grounds asserted by Reed. We reverse and remand for
further proceedings. DELL and GUNTHER, JJ., concur.
47-CITE: 493 So.2d 1121 Edward M. CAPUTO, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and the
School Board of Monroe County, Florida, Appellees.
TEXT: PER CURIAM. By this appeal a discharged principal of a public school seeks review of an
orde...79); Varig Brazilian Airlines v. Florida Department of Commerce, Division of Employment *1122
Security, 354 So.2d 921 (Fla. 3d DCA 1978). Affirmed.
48-CITE: 650 So.2d 1057 Jose SANZ, Appellant, v. R.T. AEROSPACE CORPORATION, a Florida corporation,
Appellee.
TEXT: GREEN, Judge. This is an appeal from a nonfinal order granting a preliminary injunction
proh...(Fla. 3d DCA 1991). We conclude for all of the foregoing reasons that the order granting the
preliminary injunction was error. Reverse and remand.
49-CITE: 481 So.2d 85 SMILING JACK S MARKETS, R.G.A.F. Underwriters, Appellants, v. Nancy C. SHEFFIELD,
Appellee.
TEXT: PER CURIAM. This is an appeal from a compensation order determining compensability and the
i...nd circumstances as required by Strother, but this cannot be said of the case sub judice. I
would reverse the order appealed and dismiss the claim.
50-CITE: 436 So.2d 359 Daniel C. PERRI, General Partner of Andrew Christopher and Andrew Christopher,
Ltd., d b a Bogie s on the Beach, Appellants, v. Jeff BYRD, Will Nowling, Ronald Pilcher and Rick
Bowman, Appellees.
TEXT: ERVIN, Chief Judge. Appellant, Bogie s, seeks review of a jury verdict awarding $15,000 in
d...e is $2,100. Accordingly, the award of $15,000 damages is reversed and modified consistent with
this opinion. THOMPSON and WIGGINTON, JJ., concur.
51-CITE: 536 So.2d 370 Marshall A. GIBBS, Appellant, v. H.J. HEINZ COMPANY, Appellee.
TEXT: COWART, Judge. The trial court held that a complaint by an employee against his employer
did...t. denied, 188 So.2d 317 (Fla.1966); Hope v. National Airlines, Inc., 99 So.2d 244 (Fla. 3d
DCA 1957). AFFIRMED. ORFINGER and DANIEL, JJ., concur.
52-CITE: 705 So.2d 657 Dr. Hugo SPATZ, Appellant, v. Robert L. KIRBY, Appellee.
TEXT: PER CURIAM. The appellant, Dr. Hugo Spatz, challenges the final judgment awarding damages
to... is remanded for further proceedings. Reversed and remanded. *659 CAMPBELL, A.C.J.,
THREADGILL, J., and YOUNG, ROBERT A., Associate Judge, concur.
53-CITE: 739 So.2d 686 Nancy I. VELEZ, Appellant, v. COMMISSION ON ETHICS, STATE OF FLORIDA, Appellee.
TEXT: ANTOON, C.J. In this appeal, Nancy Velez challenges a formal opinion rendered by Florida s
C...n the range of possible and reasonable. Republic Media, Inc., 714 So.2d at 1205. Accordingly, we
affirm. AFFIRMED. COBB and PETERSON, JJ., concur.
54-CITE: 750 So.2d 130 Kirk W. INGRAM, Appellant, v. Debbie Sue INGRAM, Appellee.
TEXT: CASANUEVA, Judge. Kirk W. Ingram appeals the final judgment dissolving his marriage to
Debbi...t and reversed in part with directions for the trial court to strike the award of
rehabilitative alimony. CAMPBELL, A.C.J., and PARKER, J., Concur.
55-CITE: 603 So.2d 566 Kenneth S. SHAFFER, Appellant Cross Appellee, v. Robert L. RICCI, Appellee Cross
Appellant.
TEXT: PER CURIAM. This appeal has emerged from a trial over an alleged agreement between Shaffer
a...e commenced to reflect the new award. REVERSED AND REMANDED WITH DIRECTIONS. POLEN and FARMER,
JJ., and JAMES E. ALDERMAN, Senior Justice, concur.
56-CITE: 514 So.2d 3 BROWARD RESTAURANT EQUIPMENT AND REPAIR CORPORATION, and Bawi Enterprises, Inc.,
Appellants, v. STATE OF FLORIDA, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF
UNEMPLOYMENT COMPENSATION, Appellee.
TEXT: PER CURIAM. AFFIRMED. A & S Building Company, Inc. v. State of Florida, Department of Labor
...or and Employment Security, Division of Unemployment Compensation, 514 So.2d 380 (Fla. 3d DCA
1987). HERSEY, C.J., and DELL and WALDEN, J., concur.
57-CITE: 498 So.2d 1321 AMERICAN LEGION POST # 30 and Ina Aetna, Appellants, v. James GAILEY, Appellee.
TEXT: MILLS, Judge. This is an appeal from a workers compensation order finding compensability
and...his issue, we do not feel it is necessary to discuss the remaining points urged by the
employer. Reversed. BOOTH, C.J., and WENTWORTH, J., concur.
58-CITE: 712 So.2d 411 Carl D. SUMMERS and Ardis E. Summers, Appellants, v. Charles BLANTON, Appellee.
TEXT: BENTON, Judge. We find unpersuasive appellants contentions that they are not responsible
for...n Law if the job lasts as long as nine hours. The Legislature may wish to address this
anachronism. Affirmed. BOOTH and VAN NORTWICK, JJ., concur.
59-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.
60-CITE: 682 So.2d 1241 Walter A. ROMAN, Appellant, v. A-1 SPECIALTY GASOLINES, INC. and Unemployment
Appeals Commission, Appellees.
TEXT: PER CURIAM. In this unemployment compensation case, appellant relies upon Walker v.
Wal-Mart... (Fla. 2d DCA 1985); David Clark & Assocs., Inc. v. Kennedy, 390 So.2d 149, 151 (Fla. 1st
DCA 1980). AFFIRMED. ERVIN, KAHN and DAVIS, JJ., concur.
61-CITE: 508 So.2d 765 The WESTERN UNION TELEGRAPH COMPANY, Appellant, v. Thomas J. PERRI and Division
of Workers Compensation, Appellees.
TEXT: WENTWORTH, Judge. Employer carrier appeal a June 17, 1986 workers compensation order by
whic...ts were not shown to be bona fide or reasonable, and thus constituted a voluntary limitation
of income. Affirmed. MILLS and BARFIELD, JJ., concur.
62-CITE: 707 So.2d 858 Gregory BALASCO, an individual, and RJS, Inc., a Florida corporation d b a
Sarasota Toyota, Appellants, v. GULF AUTO HOLDING, INC., a Florida corporation, and Courtesy Toyota
of Brandon, Inc., a Florida corporation, Appellees.
TEXT: QUINCE, Judge. Gregory Balasco appeals a temporary injunction entered in favor of Courtesy
T...---- (FN1) Section 542.335(1)(b)5, Florida Statutes (Supp.1996), identifies extraordinary and
specialized training as legitimate business interests.
63-CITE: 450 So.2d 842 THE FLORIDA BAR, Complainant, v. Barry R. SHAPIRO, Respondent.
TEXT: PER CURIAM. We review the reports of the referee concerning respondent Barry R. Shapiro s
pe...50.00 Client s Security Fund of The Florida Bar $200.00 It is so ordered. ALDERMAN, C.J.,
and ADKINS, BOYD, OVERTON and McDONALD, JJ., concur.
64-CITE: 466 So.2d 373 R.A.F.S. SERVICES, INC., Appellant, v. DEPARTMENT OF LABOR AND EMPLOYMENT
SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION, Appellee.
TEXT: THOMPSON, Judge. R.A.F.S. Services, Inc. (RAFS) appeals from a final administrative order
of...ntractors. AFFIRMED. WENTWORTH and WIGGINTON, JJ., concur. ------------ (FN*) Justice v.
Belford Trucking Company, Inc., 272 So.2d 131 (Fla.1973).
65-CITE: 584 So.2d 183 ALEXANDER PROUDFOOT COMPANY WORLD HEADQUARTERS and Alexander Proudfoot Company
of Canada, Limited, Appellants, v. David BAILLIE, Appellee.
TEXT: PER CURIAM. AFFIRMED on the authority of Hamilton v. Alexander Proudfoot Company World
Headq...lorida and understood that there existed a reasonable foreseeability of possible litigation
[here]. Burger King, 471 U.S. at 482, 105 S.Ct. at 2187.
66-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.
67-CITE: 507 So.2d 1189 William MAYHEW, Appellant, v. KELLY-JOHNSTON ENTERPRISES and Cigna Company,
Appellees.
TEXT: MILLS, Judge. In this workers compensation appeal, the claimant contends the deputy
commissi... (Fla. 1st DCA 1986). *1191 REVERSED and REMANDED for further proceedings not
inconsistent with this opinion. WENTWORTH and BARFIELD, JJ., concur.
68-CITE: 642 So.2d 104 Christine JOHNSON, Deceased, and Stephen Levin, Appellant, v. FLORIDA SENIOR
RESIDENCE d b a Sunset, et al. and Claims Center, Appellees.
TEXT: PER CURIAM. The issue on appeal is whether the Judge of Compensation Claims ( JCC ) erred
in...s for clarification and specific findings on these issues. Reversed and remanded for
clarification. ZEHMER, C.J., JOANOS and WEBSTER, JJ., concur.
69-CITE: 570 So.2d 1102 LEE & ASSOCIATES, INC., OF NORTH FLORIDA, a Florida corporation, Appellant, v.
Charles G. LEE, Appellee.
TEXT: ERVIN, Judge. We affirm the trial court s order denying appellant s motion for a temporary
i...conditioned upon appellee either voluntarily terminating his employment or being discharged for
cause. AFFIRMED. WIGGINTON and MINER, JJ., concur.
70-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).
71-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.
72-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.
73-CITE: 529 So.2d 778 NEW HAMPSHIRE INSURANCE COMPANY, INC., Appellant, v. FLORIDA ORTHOPEDICS, INC.,
a k a Fla. Orthopedics, Inc., Gerson Greenbarg, a k a Gus Greenbarg, Eric Kalik, Appellees.
TEXT: PER CURIAM. We reverse a summary judgment holding the New Hampshire Insurance Company
liable...Mutual Fire Insurance Co., 470 So.2d 810 (Fla. 1st DCA 1985). See also Butler v. Michigan
Mutual Insurance Co., 402 So.2d 949 (Ala.1981). Reversed.
74-CITE: 481 So.2d 69 DEPARTMENT OF TRANSPORTATION, Appellant, v. Earl CHARLES, Appellee.
TEXT: WENTWORTH, Judge. The appellant employer, Florida Department of Transportation, contends
tha...isk or special hazard of serious injury. Therefore, the claimant s accident of March 30,
1984, occurred in the course and scope of his employment.
75-CITE: 554 So.2d 1198 RETREAT REST HOME and CNA Insurance Company, Appellants, v. Shirley Ann PORTER,
Appellee.
TEXT: THOMPSON, Judge. The employer carrier (EC) appeal a workers compensation order awarding
clai...sal of this employment was continuous, the award of benefits is in error and accordingly is
reversed. REVERSED. WENTWORTH and JOANOS, JJ., concur.
76-CITE: 620 So.2d 1012 Mary Ellen ANGELL, Appellant, v. DON JONES INSURANCE AGENCY INC., d b a Jones &
Hawkins Insurance, a Florida corporation, Appellee.
TEXT: CAMPBELL, Judge. In this appeal, appellant, Mary Ellen Angell, seeks review of a final
summa...ry judgment should be granted and judgment entered accordingly. Reversed and remanded with
instructions. RYDER, A.C.J., and PATTERSON, J., concur.
77-CITE: 623 So.2d 1256 Michael NATHANSON, D.C., Appellant, v. Shirley GOODING, as Secretary of the
Department of Labor and Employment Security, Division of Workers Compensation, State of Florida,
Appellee.
TEXT: PER CURIAM. AFFIRMED. See Carlile v. Game and Fresh Water Fish Comm n, 354 So.2d 362
(Fla.19...da, Dep t of Labor and Employment Sec. v. Summit Consulting, Inc., 594 So.2d 862 (Fla. 2d
DCA 1992). DELL, C.J., and STONE and WARNER, JJ., concur.
78-CITE: 568 So.2d 998 D.C. MOORE & SONS and Nationwide Mutual Insurance Company, Appellants, v. Allan
Shane WADKINS, Appellee.
TEXT: BARFIELD, Judge. The employer and carrier (EC) appeal a workers compensation order which
awa...s keys should not operate to render an otherwise noncompensable, going and coming accident
compensable. REVERSED. SMITH an WIGGINTON, JJ., concur.
79-CITE: 452 So.2d 97 Dale Eugene HADDOCK, Appellant, v. HARDWOODS OF ORLANDO, INC. and Nationwide
Insurance Company, Appellee.
TEXT: MILLS, Judge. In this workers compensation action, the claimant appeals from the deputy
comm... during breaks was directly beneficial to the employer and, therefore, incidental to the
employment. REVERSED. SHIVERS and WIGGINTON, JJ., concur.
80-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.
81-CITE: 437 So.2d 194 Bruce FLETCHER, Appellant Cross-appellee, v. Mel FRANCIS and Sun Bank of
Lauderdale Beach, a state banking corporation, Appellees Cross-appellants.
TEXT: PER CURIAM. AFFIRMED. ANSTEAD, C.J., and HURLEY, J., concur. DOWNEY, J., dissents with
opi...pears that entry of summary judgment was inappropriate at this juncture of the proceeding.
Accordingly, I would reverse the judgment appealed from.
82-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.
83-CITE: 664 So.2d 8 Betty S. MEARS, Appellant, v. SPORTS INFORMATION ENTERPRISES LIMITED, INC., et
al., Appellees.
TEXT: PER CURIAM. The claimant appeals an adverse order of the Unemployment Appeals Commission
den...eight and credibility carries the day for one party or the other. Heifetz v. Department of
Bus. Reg., 475 So.2d 1277 (Fla. 1st DCA 1984). Affirmed.
84-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.
85-CITE: 603 So.2d 689 PRUDENTIAL-BACHE SECURITIES, INC., a foreign corporation and Anthony C. Soviero,
Appellants, v. David L. SEGAL, Appellee.
TEXT: STONE, Judge. Affirmed. An employment dispute arose between Prudential and its employee,
Seg...urger, Loeb & Co., Inc., 540 F.2d 970 (9th Cir.1976) and the other authorities relied on by
appellants inapposite. HERSEY and GUNTHER, JJ., concur.
86-CITE: 745 So.2d 460 ISS CLEANING SERVICES GROUP, INC. and James Warner, Appellants Cross-Appellees,
v. Richard A. COSBY, Appellee Cross-Appellant.
TEXT: STEVENSON, J. Appellants, ISS Cleaning Services Group, Inc. ( ISS ) and James Warner, an
ISS...nst ISS and Warner consistent with this opinion. AFFIRMED in part; REVERSED in part. WARNER,
C.J., and CONNER, BURTON C., Associate Judge, concur.
87-CITE: 601 So.2d 1316 C. Kelly MARTIN, Appellant, v. GOLDEN CORRAL CORPORATION, a North Carolina
corporation registered to do business in the State of Florida, Appellee.
TEXT: PARKER, Judge. C. Kelly Martin appeals a final summary judgment. We reverse the final
summar... Accordingly, we reverse the summary judgment and remand for proceedings consistent with
this opinion. DANAHY, A.C.J., and ALTENBERND, J., concur.
88-CITE: 533 So.2d 840 Ira W. THOMPSON, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,
Appellee.
TEXT: ZEHMER, Judge. Ira W. Thompson appeals a final order of the Division of Administrative
Heari...nd the limitations presently imposed by the statute is a matter for legislative, not
judicial, action. AFFIRMED. ERVIN and WENTWORTH, JJ., concur.
89-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.
90-CITE: 708 So.2d 968 Jack R. HAIL, Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND EMPLOYMENT
SECURITY, Appellee.
TEXT: PER CURIAM. Reversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041
(...eversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041 (Fla. 2d DCA
1998). PARKER, C.J., and DANAHY and QUINCE, JJ., concur.
91-CITE: 708 So.2d 967 Robert L. JOHNSON, Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. Reversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041
(...eversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041 (Fla. 2d DCA
1998). PARKER, C.J., and DANAHY and QUINCE, JJ., concur.
92-CITE: 708 So.2d 967 Billie A. WEEKS, Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. Reversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041
(...eversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041 (Fla. 2d DCA
1998). PARKER, C.J., and DANAHY and QUINCE, JJ., concur.
93-CITE: 708 So.2d 966 Robert M. FISCHER, Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. Reversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041
(...eversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041 (Fla. 2d DCA
1998). PARKER, C.J., and DANAHY and QUINCE, JJ., concur.
94-CITE: 708 So.2d 967 Lawrence J. KIRKLAND, Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. Reversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041
(...eversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041 (Fla. 2d DCA
1998). PARKER, C.J., and DANAHY and QUINCE, JJ., concur.
95-CITE: 708 So.2d 968 Patrick L. HODGES, Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. Reversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041
(...eversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041 (Fla. 2d DCA
1998). PARKER, C.J., and DANAHY and QUINCE, JJ., concur.
96-CITE: 658 So.2d 181 CHASE MANHATTAN INVESTMENT SERVICES, INC., Appellant, v. Edilberto J. MIRANDA,
Appellee.
TEXT: SCHWARTZ, Chief Judge. This is an appeal, pursuant to Florida Rule of Appellate Procedure
9....h directions to stay the proceeding below pending arbitration of all the allegations of Miranda
s complaint. Reversed and remanded with directions.
97-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.
98-CITE: 745 So.2d 441 Eric J. LIFF, Appellant, v. CITY OF COCOA, Florida, etc., Appellee.
TEXT: ANTOON, C.J. After the City of Cocoa (City) terminated Eric J. Liff s employment as Chief
of...er definite term of employment existed precluding summary judgment in suit alleging breach of
contract). AFFIRMED. COBB and PETERSON, JJ., concur.
99-CITE: 719 So.2d 2 Marty V. ELLINGTON, Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. Reversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041
(...eversed. See Brown v. State, Dep t of Labor & Employment Sec., 705 So.2d 1041 (Fla. 2d DCA
1998). PARKER, C.J., and DANAHY and QUINCE, JJ., Concur.
100-CITE: 484 So.2d 629 Pierre J. RENELUS, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,
Appellee.
TEXT: PER CURIAM. The ruling of the Unemployment Appeals Commission, affirming a finding that
sect...s and direct conflict with Sheppard v. State, Department of Labor & Employment Security, 442
So.2d 1114 (Fla. 4th DCA 1983). Reversed and remanded.
101-CITE: 706 So.2d 374 SAGAZ INDUSTRIES, INC., Appellant, v. Richard G. MARTIN, Appellee.
TEXT: W. SHARP, Judge. Sagaz Industries, Inc., a Florida corporation, appeals from an order of a
L... Co. v. Roper Bros. Land Co., Inc., 461 So.2d 1029 (Fla. 5th DCA 1985). AFFIRMED. THOMPSON,
J., concurs. DAUKSCH, J., concurs in conclusion only.
102-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.
103-CITE: 481 So.2d 67 Zachary COMER, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS COMMISSION,
Appellee.
TEXT: PER CURIAM. The appellant received unemployment compensation benefits to which he was not
en...flict with Sheppard v. State, Department of Labor & Employment Security, 442 So.2d 1114 (Fla.
4th DCA 1983). Reversed and remanded with directions.
104-CITE: 666 So.2d 232 Alex ABRAHAM, Appellant, v. Adam DZAFIC, Appellee.
TEXT: FRANK, Acting Chief Judge. Alex Abraham, driving a van owned by A & K Service Corporation,
c.... Hence, we reverse and remand with the direction that the trial court enter a final summary
judgment for Abraham. LAZZARA and QUINCE, JJ., concur.
105-CITE: 575 So.2d 228 Josie H. SMITH, Appellant, v. James L. SMITH and James L. Smith, D.O., P.A.,
Appellee.
TEXT: RYDER, Acting Chief Judge. Josie H. Smith challenges the trial court s final judgment of
dis...t, 362 So.2d 58 (Fla. 2d DCA 1978), cert. denied, 367 So.2d 1125 (Fla.1979). Reversed and
remanded with directions. FRANK and PARKER, JJ., concur.
106-CITE: 574 So.2d 281 Bruce D. COOK, Appellant, v. Catharine S. COOK, Appellee.
TEXT: PARKER, Judge. Bruce D. Cook appeals a trial court order which decreased his support and
ali...port obligations were paid). Reversed and remanded for further proceedings consistent with
this opinion. DANAHY, A.C.J., and CAMPBELL, J., concur.
107-CITE: 658 So.2d 618 Steve JOHNSTON and Shoreline, Marine Fuel Delivery, Inc., Appellants, v.
DOCKSIDE FUELING OF NORTH AMERICA, INC., Appellee.
TEXT: PER CURIAM. The defendants, Steve Johnston and Shoreline Marine Fuel Delivery, Inc.
[Shoreli... with this opinion. Because this issue is dispositive, we do not address the other
points raised on appeal or cross-appeal. Reversed and remanded.
108-CITE: 709 So.2d 131 Edward J. BARNHILL, Sr., Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. Reversed. See Broum v. State, Dept of Labor & Employment Sec., 705 So.2d 1041
(F...Reversed. See Broum v. State, Dept of Labor & Employment Sec., 705 So.2d 1041 (Fla. 2d DCA
1998). PARKER, C.J., and DANAHY and QUINCE, JJ., concur.
109-CITE: 460 So.2d 996 T & T COMMUNICATIONS, INC., Appellant, v. STATE of Florida DEPARTMENT OF LABOR
AND EMPLOYMENT SECURITY, Appellee.
TEXT: BOARDMAN, Judge. This is an appeal from an order of the Department of Labor and Employment
S...r this reason, the decision of the State of Florida Department of Labor and Employment Security
is reversed. RYDER, C.J., and CAMPBELL, J., concur.
110-CITE: 692 So.2d 294 Lennox GRIFFITH, Appellant, v. BUDGET RENT-A-CAR SYSTEMS, INC., a Delaware
corporation, Appellee.
TEXT: GREEN, Judge. Lennox Griffith appeals a final summary judgment finding that appellee,
Budget...automobile was likewise entitled to tort immunity from this cause. The summary judgment
entered in favor of Budget is therefore affirmed. Affirmed.
111-CITE: 722 So.2d 845 Walter P. RYALS, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS COMMISSION
and Sugarland Harvesting Company, Appellees.
TEXT: PER CURIAM. Walter P. Ryals appeals the Unemployment Appeals Commission s (UAC) order
denyin... error. See Kelle v. D.H. Holmes Co., Ltd., 658 So.2d 1161, 1162 (Fla. 2d DCA 1995).
Affirmed. PARKER, C.J., and CAMPBELL and QUINCE, JJ., concur.
112-CITE: 602 So.2d 557 Dr. Conrad E. YUNKER, Appellant, v. UNIVERSITY OF FLORIDA, Appellee.
TEXT: SMITH, Judge. Dr. Yunker, a nontenured research scientist working for the University of
Flor...s v. Department of Insurance, 561 So.2d 1289 (Fla. 1st DCA 1990). REVERSED and REMANDED for
further proceedings. WIGGINTON and MINER, JJ., concur.
113-CITE: 530 So.2d 497 CORNELL COMPUTER CORP., Appellant, v. Nina DAMION, Appellee.
TEXT: JORGENSON, Judge. Cornell Computer Corp. brings consolidated appeals from a final judgment
g...unpaid wages. Section 448.08, Fla.Stat. (1987). We, therefore, also affirm the agreed final
judgment for attorney s fees and court costs. AFFIRMED.
114-CITE: 587 So.2d 677 Virginia S. DIAZ, Appellant, v. WINN-DIXIE STORE, INC., et al., Appellees.
TEXT: PER CURIAM. The appeals referee s conclusions that the appellant left [her] employment with
...ng unemployment compensation benefits is reversed and the cause is remanded with directions to
afford the appellant the benefits claimed. Reversed.
115-CITE: 445 So.2d 663 STANDARD DISTRIBUTION COMPANY and National Fire Insurance Company of Hart,
Appellants, v. Sidney Wade JOHNSON, Appellee.
TEXT: MILLS, Judge. The employer carrier (E C) appeal from a workers compensation order awarding
J... injuries occurred while Johnson was on his usual route home. AFFIRMED. WENTWORTH, J., and
McCORD, GUYTE P., Jr., (Ret.), Associate Judge, concur.
116-CITE: 717 So.2d 586 Anthony VISCITO and Frances Viscito, d b a Waffle Land U.S.A., Appellants, v.
FRED S. CARBON CO., INC., a foreign corporation, Appellee.
TEXT: BRYAN, BEN L., Associate Judge. Anthony and Frances Viscito, d b a Waffle Land U.S.A. ( the
...employment issue, the court determined that, after eliminating the contract claim, no basis
remained for the other counts. This conclusion is error.
117-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.
118-CITE: 470 So.2d 852 Walter COOPER, deceased, Nadine Cooper, Appellant, v. J.A. STEPHENS and Florida
Farm Bureau of Casualty Insurance Co., Appellees.
TEXT: JOANAS, Judge. This is an appeal from a workers compensation order in which the deputy
commi... benefits is reversed and the cause is remanded for further proceedings consistent with this
opinion. ZEHMER, J., concurs. THOMPSON, J., dissents.
119-CITE: 626 So.2d 966 CHELSEA STREET SECURITIES, INC. and Gary S. Williky, Appellants, v. David T.
CAWTHON, Appellee.
TEXT: PER CURIAM. AFFIRMED. GUNTHER J., and WALDEN, JAMES H., Senior Judge, concur. FARMER, J.,
... Cone Memorial Hospital would require that we resolve them in favor of arbitration, not against
it. I thus disagree with the court s decision today.
120-CITE: 550 So.2d 134 Stephanie JOHNSON, Appellant, v. UNITED AIRLINES and The Hartford Insurance Co.,
Appellees.
TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which her claim
f... section obviously contemplates that more than one proceeding may be pending in some cases. de
Cancino v. Eastern Airlines, 239 So.2d 15 (Fla.1970).
121-CITE: 478 So.2d 891 F & G DISTRIBUTORS, INC., Appellant, v. STATE of Florida, DEPARTMENT OF LABOR
AND EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. We reverse the decision of the Special Deputy and order of the Department of
Lab...ntially similar to the controlling case of United States Tel. Co. v. State, Dep t of Labor &
Employment Security, 410 So.2d 1002 (Fla. 3d DCA 1982).
122-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.
123-CITE: 505 So.2d 546 Renee J. BIELECKI, Appellant, v. Adam J. BIELECKI, Jr., Appellee.
TEXT: FERGUSON, Judge. Three of the several issues raised by the ex-wife in this appeal from a
jud... rental property is also reversed, and the trial court is directed to adjudicate the interests
of the parties in the Last Resort Fish Camp property.
124-CITE: 707 So.2d 1181 Yolanda SANTOS, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Appellee.
TEXT: WHATLEY, Judge. Yolanda Santos appeals a final order granting summary judgment for State
Far...ter of law. Because I conclude that the ambiguous policy language and the disputed facts bar
summary judgment under the umbrella policy, I dissent.
125-CITE: 430 So.2d 953 CERTIFIED GROCERS and Corporate Group Service, Inc., Appellants, v. Ronald OPEL,
Appellee.
TEXT: MILLS, Judge. The employer carrier in this workers compensation case seeks review of the
dep...ders Opel s entitlement to TTD benefits for the period from March 1981 through July 1981.
REVERSED and REMANDED. JOANOS and THOMPSON, JJ., concur.
126-CITE: 467 So.2d 824 Jack DYKEMA, Appellant, v. G. Franklin GODFREY, et al. Appellees.
TEXT: PEARSON, TILLMAN (Ret.), Associate Judge. Appellant Jack Dykema brought an action alleging
n...is reversed and the cause remanded for further proceedings in accordance with this opinion.
Reversed and remanded. BOOTH and SHIVERS, JJ., concur.
127-CITE: 571 So.2d 71 Veronica JACKSON, Appellant, v. The MIAMI HERALD and Travelers Ins. Co.,
Appellees.
TEXT: WENTWORTH, Judge. Claimant seeks review of the denial of her claim for an adjustment to her
... Place Health Center, 506 So.2d 1148 (Fla. 1st DCA 1987). Reversed and remanded for further
consistent proceedings. JOANOS and ALLEN, JJ., concur.
128-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).
129-CITE: 693 So.2d 712 Edwin BRINKER, Appellant, v. W.P. McDEVITT & ASSOCIATES, INC., and William P.
McDevitt, Appellees.
TEXT: FARMER, Judge. Although we affirm the dismissal of plaintiff s breach of contract claims
wit...ividually liable for fraud committed while acting as corporate representative.). STEVENSON,
J., and OWEN, WILLIAM C., Jr., Associate Judge, concur.
130-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.
131-CITE: 494 So.2d 253 The BISON COMPANY and Northbrook Indemnity, Appellants, v. Francis Edward
SHUBERT, Appellee.
TEXT: ERVIN, Judge. The employer carrier appeals from an order awarding temporary total
disability...ion 38.83(b), at 7-278 (1985). Since no evidence was presented in this regard, the
order on review is REVERSED. SHIVERS and THOMPSON, JJ., concur.
132-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.
133-CITE: 650 So.2d 233 SPRINGWOOD PRO, INC. and Hart-Land Ext., Inc., Appellants, v. DEPARTMENT OF
LABOR & EMPLOYMENT SECURITY, Appellee.
TEXT: PER CURIAM. Appellants have requested reversal of the Department of Labor and Employment
Sec...is cause is remanded to the Division of Administrative Hearings for further proceedings.
BARFIELD and KAHN, JJ., and SHIVERS, Senior Judge, concur.
134-CITE: 534 So.2d 936 RAM ELECTRONICS CORP., f k a Sigma Management, Inc., and Ira I. Malkin,
Appellants, v. William WESTLEY, Appellee.
TEXT: PER CURIAM. The appellants, Ram Electronics Corp., formerly known as Sigma Management,
Inc.,...trial court s nonfinal order and remand for further proceedings. REVERSED AND REMANDED.
SCHOONOVER, A.C.J., and LEHAN and THREADGILL, JJ., concur.
135-CITE: 511 So.2d 1045 Kay VAUGHN, Appellant, v. AAA EMPLOYMENT, INC., Appellee.
TEXT: DANAHY, Chief Judge. In this appeal from a nonfinal order, the appellant contends that she
i...re squarely present it. *1047 in order to allege any other facts which might support
jurisdiction over appellant. SCHOONOVER and HALL, JJ., concur.
136-CITE: 681 So.2d 765 TRINITY TEMPLE CHURCH OF GOD IN CHRIST, INC., Appellant, v. ORANGE COUNTY,
Florida, etc., et al., Appellees.
TEXT: PETERSON, Chief Judge. This is an appeal of an order denying business damages to a church
fo...--------- (FN1) Trinity received sums for the partial taking as well as severance damages. This
appeal involves only the denial of business damages.
137-CITE: 509 So.2d 958 Shirley ARNOLD, Appellant, v. BURGER QUEEN SYSTEMS, INC., Appellee.
TEXT: CAMPBELL, Judge. Appellant appeals the order of the Florida Commission on Human Relations
th...e hearing officer and the commission and under our standard of review, we are required to
affirm. SCHEB, A.C.J., concurs. SANDERLIN, J., dissents.
138-CITE: 492 So.2d 702 The FLORIDA STATE UNIVERSITY, Appellant, v. Mary Lou MOORE, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of a Career Service Commission order by which
appel...Business Regulation v. Jones, 474 So.2d 359 (Fla. 1st DCA 1985). The order appealed is
affirmed. NIMMONS, J., and WILLIS, Associate Judge, concur.
139-CITE: 605 So.2d 592 PRECISION SOFTWARE, INC. Appellant, v. Marc GAUTHIER, Appellee.
TEXT: HALL, Judge. This is an interlocutory appeal filed pursuant to Rule 9.130, Florida Rules of
... County. We therefore remand the case with directions to transfer the cause of action to Pinellas
County. SCHOONOVER, A.C.J., and BLUE, J., concur.
140-CITE: 481 So.2d 83 PAUL H. COWART BUILDING SPECIALTY and Whiting National Services, Inc.,
Appellants, v. Annette COWART, Appellee.
TEXT: THOMPSON, Judge. In this appeal the sole contention of the appellant employer carrier is
tha... order herein appealed is REVERSED. REVERSED and REMANDED for further proceedings consistent
with this opinion. WENTWORTH and JOANOS, JJ., concur.
141-CITE: 528 So.2d 456 ANNA MARIA FIRE CONTROL DISTRICT and Commercial Union Insurance Company,
Appellants, v. Thomas Karl ANGELL, Appellee.
TEXT: MILLS, Judge. Anna Maria Fire Control District and Commercial Union Insurance Company (E C)
...m includable. We reverse and remand for recalculation of the AWW using only Angell s employment
with the E C. SHIVERS and WIGGINGTON, JJ., concur.
142-CITE: 495 So.2d 255 Joanna W. CASSADY, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,
Appellee.
TEXT: PER CURIAM. This is an appeal from a decision of the Unemployment Appeals Commission
affirmi...2 So.2d 827 (Fla. 2d DCA Aug. 13, 1986), has followed the fourth district s holding in
Sheppard v. State, Department of Labor & Employment Security.
143-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.
144-CITE: 656 So.2d 954 AGRITURF MANAGEMENT, INC., Appellant, v. Jane ROE, individually, and as Trustee
for R.R., and as parent and guardian of Jane Doe Minor, a minor child, Appellee.
TEXT: FRANK, Chief Judge. Agriturf Management, Inc., is a family-structured corporation engaged
in...al acts of its employee is reversed, and this cause is remanded for further proceedings
consistent with this opinion. BLUE and FULMER, JJ., concur.
145-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.
146-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.
147-CITE: 515 So.2d 1340 F.L. ENTERPRISES, INC., Appellant, v. UNEMPLOYMENT APPEALS COMMISSION,
Appellee.
TEXT: UPCHURCH, Chief Judge. F.L. Enterprises appeals and order of the Unemployment Appeals
Commis...s not employees where they were required to notify company daily of their whereabouts since
this was done to facilitate use of trucks and trailers).
148-CITE: 475 So.2d 1288 Charles GRAY, Appellant, v. EASTERN AIRLINES, INC., & Travelers Ins. Co.,
Appellees.
TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which he was
deni...ndirectly, if not directly, benefit the employer; that such acts, therefore, are not in fact
deviations from the course of employment. Id. at 272.
149-CITE: 498 So.2d 657 MAAS BROTHERS and Whiting National Services, Inc., Appellants, v. Winifred L.
PEO, Appellee.
TEXT: WIGGINTON, Judge. Appellants, employer carrier, appeal the deputy commissioner s order
findi...be allowed to present such further evidence as might be necessary in support of their
position. I would reverse and remand for further proceedings.
150-CITE: 594 So.2d 815 Todd DARLING, Appellant, v. CONLEY BUICK, INC., and Adjustco, Inc.
TEXT: SHIVERS, Judge. The claimant appeals an order of the Judge of Compensation Claims (JCC)
find...2 (Fla. 1st DCA 1985). Accordingly, this cause is reversed and remanded for further
proceedings consistent herewith. BOOTH and MINER, JJ., concur.
151-CITE: 681 So.2d 930 Andrew L. BROWN, Appellant, v. CARGILL, INC. and Florida Unemployment Appeals
Commission, Appellees.
TEXT: PER CURIAM. Affirmed. See Hines v. Department of Labor and Employment Sec., 455 So.2d 1104
(...or and Employment Sec., 455 So.2d 1104 (Fla. 3d DCA 1984); Hartenstein v. Department of Labor
and Employment Sec., 383 So.2d 759 (Fla. 2d DCA 1980).
152-CITE: 557 So.2d 74 William SUSSMAN, Appellant, v. FLORIDA EAST COAST PROPERTIES, INC., Appellee.
TEXT: FERGUSON, Judge. Sussman, who was injured when struck by a car driven by an employee of
Flor...st decided to give him a cake because it was his birthday . . . I didn t do it because it was
my boss. I didn t do it because my boss said so. . . .
153-CITE: 457 So.2d 489 THE FLORIDA BAR, Complainant, v. J. Richard STALEY, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding by The Florida Bar against J. Richard Staley, a
mem...he amount of $1,074.71 is hereby taxed against respondent. It is so ordered. ADKINS, A.C.J.,
and OVERTON, ALDERMAN, EHRLICH and SHAW, JJ., concur.
154-CITE: 729 So.2d 536 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Appellant, v. Ray BALAGUER,
Appellee.
TEXT: WEBSTER, J. The Department of Business and Professional Regulation (Department) seeks
review... that the Commission enter an order denying Balaguer s petition for relief. REVERSED and
REMANDED, with directions. BOOTH and JOANOS, JJ., CONCUR.
155-CITE: 690 So.2d 1367 FLEMING COMPANIES, INC., an Oklahoma corporation, Appellant, v. Jorge MOREIRA
and Anabel Moreira, Appellees.
TEXT: PER CURIAM. Appellant, Fleming Companies, Inc. ( Fleming ), appeals an adverse summary
judgm... 1st DCA 1990). The order under review is reversed and remanded with directions to enter
judgment in favor of the appellant. Reversed and remanded.
156-CITE: 534 So.2d 417 Clebert LOUIS, Appellant, v. LOUIS S AMOCO, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal of a final order finding, in pertinent part,
t...fer an on-the-job injury. REVERSED and REMANDED for further proceedings in accordance with this
opinion. BOOTH, SHIVERS and THOMPSON, JJ., concur.
157-CITE: 457 So.2d 592 McDONALD CONSTRUCTION CORP. & Commercial Risk Management, Inc., Appellants, v.
Lawrence DION, Appellee.
TEXT: WENTWORTH, Judge. The carrier s contention in this appeal is that wage loss benefits should
... alternative employment or other proof of voluntary limitation of income by claimant, the order
must be affirmed. SHIVERS and NIMMONS, JJ., concur.
158-CITE: 685 So.2d 959 Donna KEPHART, Appellant, v. HAIR RETURNS, INC. and Bruno Dominijanni,
Appellees.
TEXT: SHAHOOD, Judge. Appellant Donna Kephart seeks review from a trial court s order granting
inj...s to the trial court to dissolve the temporary injunction. Reversed and remanded. STEVENSON,
J., concurs. WARNER, J., concurs in conclusion only.
159-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.
160-CITE: 728 So.2d 327 Marlon R. ROBERTS, Petitioner, v. HOLLAND & KNIGHT LLP, and Florida Unemployment
Appeals Commission, Respondents.
TEXT: NESBITT, J. Marlon Roberts appeals an order of the Unemployment Appeals Commission which
aff...port his conclusion as ratified by the commission that Roberts conduct was deliberate and
therefore constituted unemployment misconduct. Affirmed.
161-CITE: 727 So.2d 1097 William L. AUSTIN, Appellant, v. MID STATE FIRE EQUIPMENT OF CENTRAL FLORIDA,
INC., Appellee.
TEXT: GOSHORN, J. William Austin appeals a temporary injunction which enforces the terms of an
agr... or the efforts of employees to secure better-paying positions. ). AFFIRMED IN PART; REVERSED
IN PART; REMANDED. PETERSON and ANTOON, JJ., concur.
162-CITE: 512 So.2d 229 Raymond J. SMITH, Appellant Cross-Appellee, v. EMERY AIR FREIGHT CORP., d b a
Emery World Wide, Appellee Cross-Appellant.
TEXT: PER CURIAM. Appellant Smith was an employee of C & J under a terminable-at-will contract. C
...ted. We need not reach the issue presented by Smith s appeal. Reversed and remanded with
instructions to enter judgment for cross-appellant Emery.
163-CITE: 598 So.2d 200 COASTAL UNILUBE, INC., Appellant, v. Robert E. SMITH, III, Appellee.
TEXT: PER CURIAM. Appellant challenges an order dissolving a temporary injunction. It claims that
...t to do. Our opinion is without prejudice to appellee s securing further rulings on these issues
on remand. GUNTHER, STONE and WARNER, JJ., concur.
164-CITE: 610 So.2d 93 CARDINAL INDUSTRIES and CNA Insurance Company, Appellants, v. Barbara PAULEY,
Appellee.
TEXT: PER CURIAM. The employer and carrier appeal from a workers compensation order which
determin...alculation of the AWW, or for recalculation of those amounts. In all other respects, the
order is AFFIRMED. BOOTH, BARFIELD and MINER, JJ., concur.
165-CITE: 460 So.2d 473 BAYONET POINT HOSPITAL MEDICAL CENTER, Appellant, v. STATE of Florida,
DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION, Appellee.
TEXT: RYDER, Chief Judge. Bayonet Point Hospital Medical Center (Bayonet Point) appeals an
adminis...ear has now elapsed, the Division may now redetermine Bayonet Point s entitlement to the
lower rate. Reversed. BOARDMAN and CAMPBELL, JJ., concur.
166-CITE: 670 So.2d 1202 Donna S. FOWLER, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: FARMER, Judge. We reverse the final order of the UAC denying benefits upon the referee s
fin...er employment without prejudice to her right to unemployment benefits. REVERSED FOR NEW
EVIDENTIARY HEARING. GUNTHER C.J., and WARNER, J., concur.
167-CITE: 495 So.2d 838 Ellen GRAPPONE, Appellant, v. CITY OF MIAMI BEACH, Appellee.
TEXT: PER CURIAM. This is an appeal by Ellen Grappone from an order of the trial court dismissing
...rican Agronomics Corp. v. Ross, 309 So.2d 582 (Fla. 3d DCA), cert. denied, 321 So.2d 558
(Fla.1975). Reversed and remanded for further proceedings.
168-CITE: 600 So.2d 570 Eunice A. McCALLUM, Appellant, v. ROYAL CARIBBEAN CRUISES, LTD., Appellee.
TEXT: PER CURIAM. Affirmed. Moore v. Florida Unemployment Appeals Commission, 498 So.2d 992 (Fla.
...453 So.2d 927 (Fla. 2d DCA 1984); Perez v. State, Department of Labor and Employment Security,
Appeals Commission, 377 So.2d 806 (Fla. 3d DCA 1979).
169-CITE: 743 So.2d 114 Bernice L. GANT, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: ALTENBERND, Acting Chief Judge. Bernice L. Gant appeals an Unemployment Appeals Commission
(...vember 22, 1997. See Botto v. Florida Unemployment Appeals Comm n, 684 So.2d 300 (Fla. 2d DCA
1996). Reversed. WHATLEY and CASANUEVA, JJ., Concur.
170-CITE: 709 So.2d 632 Pollyanne RODRIGUEZ, Appellant, v. ARBY S, INC., and Florida Unemployment
Appeals Commission, Appellee.
TEXT: BLUE, Judge. Pollyanne Rodriguez appeals the Florida Unemployment Appeals Commission s
decis... UAC s decision is reversed and Rodriguez s unemployment compensation reinstated. Reversed
and remanded. CAMPBELL, A.C.J., and FULMER, J., concur.
171-CITE: 513 So.2d 744 HOFMANN PAULEY & ASSOCIATES, INC., Appellant, v. Julia GARCES, Appellee.
TEXT: PER CURIAM. Hofmann Pauley & Associates, Inc. (HP & A) appeals from an order denying its
mot... failure to pay monies owed). Accordingly, we reverse the trial court s order and remand this
cause with instructions to grant the change of venue.
172-CITE: 710 So.2d 1046 SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,
STATE OF FLORIDA, Appellant, v. KIMBERLY QUALITY CARE and Gallagher Bassett Services, Appellees.
TEXT: PER CURIAM. Reversed. D.A Netzel, Inc. v. Special Disability Trust Fund, 681 So.2d 874
(Fla.... PER CURIAM. Reversed. D.A Netzel, Inc. v. Special Disability Trust Fund, 681 So.2d 874
(Fla. 1st DCA 1996). ERVIN, BOOTH and BENTON, JJ., concur.
173-CITE: 721 So.2d 379 Ravisankar YARABOTHU, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: ANTOON, Judge. Ravisankar Yarabothu was employed by McGraw-Hill Company, Inc., as a printer
...Fla. 5th DCA 1996); see also Brooks v. Unemployment Appeals Comm n, 695 So.2d 879 (Fla. 5th DCA
1997). AFFIRMED. W. SHARP and HARRIS, JJ., concur.
174-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.
175-CITE: 673 So.2d 938 Iris PEREZ, Appellant, v. PUBLIX SUPERMARKETS, INC., a Florida Corporation,
Appellee.
TEXT: BARKDULL, Judge. Iris Perez was an employee of the defendant, Publix Supermarkets. On the
da...s work is to be performed and within a reasonable time before and after working hours is
presumed to be in the course and scope of his employment.).
176-CITE: 583 So.2d 704 GULFSTREAM HOMES OF TAMPA, INC. and Glad Homes of Tampa, Inc., Appellants, v.
Nancy B. CRAWFORD, Appellee.
TEXT: LEHAN, Judge. We reverse the final judgment entered upon a jury verdict awarding sales
commi...s not to be for continuing services). Reversed and remanded for entry of judgment in favor
of defendant. CAMPBELL, A.C.J., and PARKER, J., concur.
177-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.
178-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.
179-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.
180-CITE: 499 So.2d 37 Larry O. HEALAN, Appellant, v. Gloria K. HEALAN, Appellee.
TEXT: PER CURIAM. AFFIRMED. BOOTH, C.J., and WENTWORTH, J., concur. ZEHMER, J., specially
concur...nues good faith efforts to obtain employment within her capabilities and becomes
chronically unemployed and totally dependant on her former husband.
181-CITE: 639 So.2d 35 BACHUS & STRATTON, INC., Bachus & Stratton Securities, Inc. and Richard Love,
Appellants, v. Carolyn MANN and Salvatore Lanza, Appellees.
TEXT: ON MOTION FOR REHEARING PER CURIAM. We grant rehearing, withdraw our opinion issued May
19,...apply to contracts of employment of seamen, railroad employees, or any other class of workers
engaged in interstate commerce. 9. U.S.C. Section 1.
182-CITE: 498 So.2d 992 Jerry W. MOORE, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and
Pursley Turf & Garden Centers, Appellees.
TEXT: MILLS, Judge. In this appeal from an order by the Unemployment Appeals Commission, denying
*...o make up work days missed due to inclement weather can be viewed as such a wrongful act.
Accordingly, we affirm. SHIVERS and JOANOS, JJ., concur.
183-CITE: 721 So.2d 357 Jonathan WOLF, Appellant, v. NATIONS CAPITAL, INC., a corporation, Appellee.
TEXT: HARRIS, Judge. Wolf contracted to become a mortgage broker real estate salesman with
Nations... the agreement and reduce that amount from the judgment herein. AFFIRMED in part;
REVERSED in part and REMANDED. W. SHARP and ANTOON, JJ., concur.
184-CITE: 509 So.2d 382 EVAC AMBULANCE, etc., Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et al.,
Appellees.
TEXT: UPCHURCH, Chief Judge. The employer, EVAC Ambulance, appeals from a judgment awarding
unempl...eferee and the commission erroneously concluded that the paramedic was entitled to
unemployment benefits. REVERSED. SHARP and COWART, JJ., concur.
185-CITE: 620 So.2d 798 WINN DIXIE STORES, INC., a Florida corporation, Appellant, v. Bernard F. PARKS
and A. Gayle Parks Gunn, as Personal Representatives of the Estate of Jerome F. Parks, Deceased,
Appellees.
TEXT: STONE, Judge. We reverse an order denying Appellant s motion for summary judgment. That
orde...oyer. We can discern no material issue of fact on this record. On remand, judgment is to be
entered for appellant. ANSTEAD and KLEIN, JJ., concur.
186-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.
187-CITE: 661 So.2d 65 Gary D. POPPE, Appellant, v. ECLECTIC BUSINESS MACHINES, INC., and Florida
Unemployment Appeals Commission, Appellees.
TEXT: ALTENBERND, Judge. Gary D. Poppe appeals an order from the Unemployment Appeals Commission
t...n October 12, 1993, in light of the demotion and salary reduction. Reversed and remanded with
directions. PARKER, A.C.J., and WHATLEY, J., concur.
188-CITE: 547 So.2d 1035 HAPPLE SOLAR CONTRACTORS and State Farm Fire & Casualty Co., Appellants, v.
John HAPPLE, Appellee.
TEXT: NIMMONS, Judge. In this workers compensation appeal the E C assert that the deputy erred in
...rther proceedings consistent with this opinion. If necessary, the deputy may receive additional
evidence. SHIVERS, C.J., and WENTWORTH, J., concur.
189-CITE: 546 So.2d 93 TILE PLUS and CNA Insurance Companies, Appellants, v. Domenic ALBANESE, Appellee.
TEXT: ZEHMER, Judge. The claimant, Domenic Albanese, obtained a workers compensation order in
incr...properly used the two *95 weeks wages to compute the average weekly wage under section
440.14(1)(d). AFFIRMED. WENTWORTH and NIMMONS, JJ., concur.
190-CITE: 571 So.2d 1353 E.H. CRUMP OF FLORIDA, INC., d b a Fred S. James of Fort Myers, Appellant, v.
Norman S. AIKIN, Appellee.
TEXT: LEHAN, Judge. Defendant employer, an insurance brokerage agency, appeals from a final
judgme...es is reversed and the cause is remanded for a redetermination of attorneys fees in light
of Lane v. Head. SCHOONOVER, C.J., and RYDER, J., concur.
191-CITE: 648 So.2d 284 Mary T. AMATO, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS COMMISSION,
Appellee.
TEXT: PER CURIAM. Appellant, Mary Amato, challenges a final order of the Unemployment Appeals
Comm...n appeal is reversed and this cause remanded with directions that the order of the referee be
reinstated. STONE, FARMER and STEVENSON, JJ., concur.
192-CITE: 664 So.2d 1107 ROYAL CARIBBEAN CRUISES, LTD., Appellant, v. UNIVERSAL EMPLOYMENT AGENCY,
Appellee.
TEXT: SCHWARTZ, Chief Judge. This is an appeal from an order denying the defendant s motion to
com...remanded to stay the proceedings below pending arbitration of the issues raised by the
appellee s complaint. Reversed and remanded with directions.
193-CITE: 506 So.2d 1148 Christine EATON, Appellant, v. PINEBROOK PLACE HEALTH CARE CENTER and Crawford
& Co., Appellees.
TEXT: ZEHMER, Judge. This case is before us on appeal from an order of the deputy commissioner
det... Because claimant had worked full-time only two weeks, this section, rather than subsection
440.14(1)(a), would become the primary section to apply.
194-CITE: 599 So.2d 195 Harriet MARGULIES, Appellant, v. PALLOTT & POPPELL and Florida Unemployment
Appeals Commission, Appellees.
TEXT: PER CURIAM. This is an appeal by the claimant Harriet Margulies from a final order of the
Un...case did not intend to quit her employment and fully expected to return to work when she deemed
it appropriate cannot change this result. Affirmed.
195-CITE: 528 So.2d 550 Susan J. BROTMAN, Appellant, v. Ronald J. BROTMAN, Appellee.
TEXT: HERSEY, Chief Judge. We affirm the final judgment dissolving the marriage of the parties
exc... a marital distribution. However, I do not believe, under the circumstances, that the trial
judge *553 abused his discretion in failing to make one.
196-CITE: 643 So.2d 84 Martin J. GOLLER, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,
Appellee.
TEXT: PER CURIAM. This is an appeal by Martin J. Goller from a final order of the Unemployment
App...has approved other claimants who are enrolled in the identical course of study. That is an
issue which should be presented to the referee on remand.
197-CITE: 639 So.2d 703 Marie J. BLIND, Appellant, v. IT S A BIT FISHY, INC. and Executive Risk
Consultants, Inc., Appellees.
TEXT: PER CURIAM. Claimant Marie Blind (Blind) appeals an order from the Judge of Compensation
Cla...a Statutes (1991), as neither party below contended that Blind was a part-time worker or had
adopted part-time employment as her customary practice.
198-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.
199-CITE: 608 So.2d 80 Eric APPLEWHITE and Richard Bello, Appellants, v. SHEEN FINANCIAL RESOURCES,
INC., a Florida corporation, and Sheen Investment Management Group, Inc., a Florida corporation,
Appellees.
TEXT: PER CURIAM. Appellants, defendants below, bring this appeal from an amended final judgment
a...he arbitrators award as modified is affirmed in all respects. AFFIRMED. WARNER, POLEN, JJ.,
and DIMITROULEAS, WILLIAM P., Associate Judge, concur.
200-CITE: 505 So.2d 471 NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. Russell JACOBY, Appellee.
TEXT: LEHAN, Judge. We affirm the trial court s ruling that the subrogation rights provided to a
w...legislature. See Security Mutual Casualty Co. v. Grice, 172 So.2d 834 (Fla. 2d DCA 1965).
Affirmed. SCHOONOVER, A.C.J., and SANDERLIN, J., concur.
201-CITE: 492 So.2d 1373 PAN AMERICAN WORLD AIRWAYS and Travelers Insurance Company, Appellants, v.
Bonita WILMOT, Appellee.
TEXT: ERVIN, Judge. This is an appeal of an award of workers compensation benefits, based upon a
f...ing across a street to purchase a pack of cigarettes and the risk of fire while lighting a
cigarette. AFFIRMED. SHIVERS and THOMPSON, JJ., concur.
202-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.
203-CITE: 513 So.2d 1124 Robert W. Hansen, III, as Personal Representative of the Estate of Robert W.
Hansen, Jr., deceased, Appellant, v. STAR SERVICE & PETROLEUM COMPANY, a foreign corporation
authorized to do business in the State of Florida, and David J. Boyd, individually, Appellees.
TEXT: PER CURIAM. Affirmed on the authority of Roberts v. Shop & Go, Inc., 502 So.2d 915 (Fla. 2d
...the gasoline on the individual who was burned and lit that gasoline on fire were an [sic]
unexpected, unforeseeable, criminal intervening actions.
204-CITE: 573 So.2d 956 AMERICAN FAMILY PIZZA, d b a Godfather s Pizza, and St. Paul Fire and Marine
Insurance Company, Appellants, v. Glenn TAYLOR, Appellee.
TEXT: ALLEN, Judge. In this workers compensation appeal, the employer and carrier appeal the
order... the time of the accident and that his injuries are compensable. Accordingly, the order
appealed is affirmed. SHIVERS, C.J., and BOOTH, J., concur.
205-CITE: 694 So.2d 880 Alice M. GERHART, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and
Karing Independent Daycare Services, Inc., Appellees.
TEXT: PARKER, Acting Chief Judge. Alice M. Gerhart (Gerhart) appeals the final order denying her
u...eals Commission is reversed and remanded for proceedings consistent with this opinion. Reversed
and remanded. ALTENBERND and LAZZARA, JJ., concur.
206-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.
207-CITE: 522 So.2d 521 John W. HAMMOND, Jr., Appellant, v. DECORATOR S SERVICES, INC., Appellee.
TEXT: THREADGILL, Judge. John Hammond appeals judgment on the pleadings entered in favor of his
fo...erse the order granting judgment to Decorator and remand for further proceedings. Reversed and
remanded. CAMPBELL, A.C.J., and PARKER, J., concur.
208-CITE: 522 So.2d 1015 Robert RIOS, Appellant, v. FRED TEITELBAUM CONSTRUCTION and U.S. Fidelity &
Guaranty Company, Appellees.
TEXT: JOANOS, Judge. In this workers compensation case, Robert Rios (claimant) appeals the deputy
...cember 1986 wage loss claim is reversed, and this case is remanded for proceedings consistent
with this opinion. SHIVERS and THOMPSON, JJ., concur.
209-CITE: 646 So.2d 842 William M. SCOTT, Appellant, v. CENTRAL FLORIDA TOWER CORPORATION and Florida
Unemployment Appeals Commission, Appellees.
TEXT: BLUE, Judge. William M. Scott appeals an order of the Unemployment Appeals Commission
affirm...er denying Scott s claim for unemployment benefits and remand for proceedings consistent
with this opinion. PARKER, A.C.J., and QUINCE, J., concur.
210-CITE: 442 So.2d 268 Florence G. NOFRIO, Appellant, v. DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,
UNEMPLOYMENT APPEALS COMMISSION, and Shopper s Special, Inc. Appellees.
TEXT: LEHAN, Judge. Florence Nofrio appeals a denial of her claim for unemployment benefits. We
af..., 370 So.2d 1209 (Fla. 2d DCA 1979); W.M. Palmer Co. v. Meeks, 354 So.2d 893 (Fla. 1st DCA
1978). AFFIRMED. RYDER, A.C.J., and DANAHY, J., concur.
211-CITE: 545 So.2d 960 William VAN DUSEN, Appellant, v. SINGLE PLY INTERNATIONAL, INC. OF FLORIDA,
Appellee.
TEXT: ORFINGER, Judge. Plaintiff below appeals a summary final judgment entered in favor of
defend...kets v. Cheesbro Roofing, Inc., 502 So.2d 484 (Fla. 5th DCA 1987). REVERSED and REMANDED
for further proceedings. COWART and GOSHORN, JJ., concur.
212-CITE: 469 So.2d 209 KENT INSURANCE COMPANY; Gags Enterprises, Inc., d b a Sandspur Bar, Appellants,
v. Ruth Joanne SCHROEDER, et al., Appellee.
TEXT: SHARP, Judge. Kent Insurance Company and Gags Enterprises, Inc. (Gags) appeal from a jury
ve...letcher, Cyclopedia of the Law of Corporations, Sections 266-267, 275 (C. Scotti ed.1982); 8
Fla.Jur.2d, Business Relationships, Section 240 (1978).
213-CITE: 525 So.2d 1036 ROYAL CARIBBEAN CRUISE LINE, INC., Appellant, v. FLORIDA UNEMPLOYMENT APPEALS
COMMISSION and Linda S. Cooney, Appellees.
TEXT: PER CURIAM. Affirmed. Taylor v. State Dep t of Labor & Employment Security, 383 So.2d 1126
(...a. 1st DCA 1965) (a separation from employment is voluntary only when the decision whether to go
or to stay lies at the time with the worker alone).
214-CITE: 694 So.2d 146 Paulette HUNT, Appellant, v. YODER BROTHERS, INC. and Crawford & Co., Appellees,
and Department of Labor & Employment Security, Division of Workers Compensation, Intervenor
Appellee.
TEXT: PER CURIAM. AFFIRMED. Strohm v. Hertz Corp., 685 So.2d 37 (Fla. 1st DCA 1996), petition for
...ertz Corp., 685 So.2d 37 (Fla. 1st DCA 1996), petition for review filed, case no. 89,884 (Fla.
Feb. 14, 1997). ERVIN, KAHN and BENTON, JJ., concur.
215-CITE: 515 So.2d 1320 Anders A. KVERNE, Appellant, v. ROLLINS PROTECTIVE SERVICES COMPANY, a Delaware
corporation, Appellee.
TEXT: PER CURIAM. Anders A. Kverne, a former employee of Rollins Protection Services Company,
appe...tes of the injunction and remand with directions to extend the injunction for the full two
years. Affirmed in part, reversed in part, and remanded.
216-CITE: 710 So.2d 739 Linda KARTELL, Appellant, v. NEW HORIZONS OF THE TREASURE COAST, INC., f k a
Indian River Community Health Center, Inc., a Florida corporation, Appellee.
TEXT: STEVENSON, Judge. Appellant, Linda Kartell, appeals the dismissal with prejudice of her
thre...rial court may, in its discretion, deny leave to amend the complaint. See New River Yachting
Ctr. v. Bacchiocchi, 407 So.2d 607 (Fla. 4th DCA 1982).
217-CITE: 598 So.2d 262 Gerardo IGLESIAS, Appellant, v. EAGLE NATIONAL BANK OF MIAMI, et al., Appellees.
TEXT: PER CURIAM. After hearing, the appeals referee determined that Iglesias was entitled to
unem...g unemployment compensation benefits is reversed and the cause is remanded with directions
to afford the appellant the benefits claimed. Reversed.
218-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.
219-CITE: 502 So.2d 78 Gail STAHL, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: HENDRY, Judge. Appellant claimant appealed to the Florida Unemployment Appeals Commission,
c...mployer s interests or of the employee s duties and obligations to his employer. *80 and
substantial disregard of employer s interests). Affirmed.
220-CITE: 570 So.2d 1059 PALM BEACH COUNTY SHERIFF S OFFICE and Sedgwick James of Florida, Inc.,
Appellants, v. John C. GINN, Appellee.
TEXT: ALLEN, Judge. The employer carrier bring this appeal from an order finding the claimant s
ac...his cause is remanded to the judge of compensation claims for entry of an order in accordance
with this opinion. WENTWORTH and JOANOS, JJ., concur.
221-CITE: 462 So.2d 567 Benney MALVER, Appellant, v. SHEFFIELD INDUSTRIES, INC., Appellee.
TEXT: NESBITT, Judge. Malver, having elected to stand on his second amended complaint, appeals
its...ccordingly, the order dismissing the complaint is affirmed with directions that the plaintiff
be allowed to amend Count I. Affirmed with directions.
222-CITE: 537 So.2d 140 XEROGRAPHICS, INC., Appellant, v. Richard THOMAS, Appellee.
TEXT: RYDER, Acting Chief Judge. In September 1984, appellant hired appellee as a field service
te... L.Ed.2d 10 (1966); Kverne at 1321; Cordis Corp. v. Prooslin, 482 So.2d 486, 491 n. 3 (Fla. 3d
DCA 1986). Reversed. LEHAN and PARKER, JJ., concur.
223-CITE: 642 So.2d 128 Cheryl D. ELMORE, Appellant, v. Lizena HAMMOND and Florida Unemployment Appeals
Commission, Appellees.
TEXT: PER CURIAM. We reverse the denial to appellant of unemployment compensation benefits for
the... These benefits must be reinstated retroactive to the date they were terminated. REVERSED,
with instructions. ALLEN, KAHN and MICKLE, JJ., concur.
224-CITE: 434 So.2d 41 GOLDEN GEM GROWERS, INC. and Professional Administrators, Inc., Appellants, v.
Herman A. CROW, Appellee.
TEXT: WIGGINTON, Judge. In this workers compensation appeal the deputy commissioner unequivocally
...v. Parker, 423 So.2d 610 (Fla. 1st DCA 1982). Accordingly, the award of the attorney s fee is
also reversed. ERVIN, C.J., and THOMPSON, J., concur.
225-CITE: 642 So.2d 1127 The STATE CHEMICAL MANUFACTURING COMPANY, an Ohio corporation, Appellant, v.
Felix M. LOPEZ, Oscar Cabarcas, Eduardo Castro and Gold Coast Chemical Corporation, a Florida
corporation, jointly and severally, Appellees.
TEXT: BASKIN, Judge. State Chemical Manufacturing Company [State Chemical] appeals an order
denyin...ate Chemical customers. The cause is remanded for entry of an order consistent with this
opinion. Affirmed in part; reversed in part; and remanded.
226-CITE: 566 So.2d 822 Howard R. BERMAN, Michael J. Weil, and Drs. Berman and Weil, P.A., f k a Drs.
Berman, Weil & Kotkis, P.A., Appellants, v. Stephen J. KOTKIS, Appellee.
TEXT: POLEN Judge. This is a timely consolidated appeal from the trial court s final judgment
ente...y we would reverse and remand for further proceedings solely on this point. AFFIRMED IN PART
AND REVERSED IN PART. GUNTHER and STONE, JJ., concur.
227-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).
228-CITE: 642 So.2d 677 Thomas Alan BURKE, Appellant, v. STATE of Florida, Appellee.
TEXT: DIAMANTIS, Judge. Thomas Alan Burke appeals his sentence, contending that the trial court
er... order s special condition regarding employment as modified. As modified, AFFIRMED in part;
lien QUASHED; REMANDED. COBB and GRIFFIN, JJ., concur.
229-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).
230-CITE: 466 So.2d 1184 NATURAL LANDSCAPING, INC. and Aetna Insurance Co., Appellants, v. Stephen R.
SNYDER, Appellee.
TEXT: ERVIN, Chief Judge. The employer carrier appeals from a workers compensation order in which
...roneous portion of the order has no effect on the compensability award entered. The order as
modified is affirmed. SMITH and NIMMONS, JJ., concur.
231-CITE: 718 So.2d 306 SOUTHEAST MEDICAL PRODUCTS, INC., Appellant, v. William C. WILLIAMS, Appellee.
TEXT: PER CURIAM. Southeast Medical Products (SMP) appeals the dismissal of its claim against a
fo...etition with it in 1997 did not state a cause of action for breach of the covenant. Affirmed.
BLUE, A.C.J., and FULMER and CASANUEVA, JJ., concur.
232-CITE: 637 So.2d 981 CITY OF MIAMI, Self-Insured, Appellant, v. Randy DWIGHT and Nicole Dwight,
Appellees.
TEXT: WEBSTER, Judge. In this workers compensation case, the self-insured employer seeks review
of...course and scope of her employment, it was error to award benefits to appellees. Therefore, we
reverse. REVERSED. ALLEN and LAWRENCE, JJ., concur.
233-CITE: 549 So.2d 1157 Edwin C. McCLURE, Jr., Appellant, v. PAINEWEBBER, INCORPORATED, Appellee.
TEXT: In this appeal, Edwin C. McClure, Jr., challenges a non-final order granting a motion filed
b...ot. Accordingly, we affirm the stay pending arbitration as to the arbitrable claims but reverse
as to the note. Affirmed in part; reversed in part.
234-CITE: 463 So.2d 349 TIFFANY SANDS, INC., Appellant, v. Vladimir MEZHIBOVSKY, Appellee.
TEXT: PER CURIAM. This appeal is from an order denying a preliminary injunction to enforce a
non-c...result after a full hearing on the merits. See Ladner, 423 So.2d at 929. Reversed and
remanded with instructions to enter a preliminary injunction.
235-CITE: 435 So.2d 908 Charles JOHNSON, Appellant, v. COMET STEEL ERECTION, INC., and Reliance
Insurance Company, Appellees.
TEXT: FERGUSON, Judge. Where appellant, an employee of the general contractor, was injured as a
re...urtherance of the employer s business but they are assigned primarily to unrelated works
within private or public employment. [emphasis supplied].
236-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.
237-CITE: 581 So.2d 184 Craig CARNAHAN, Appellant, v. ALEXANDER PROUDFOOT COMPANY WORLD HEADQUARTERS, a
Delaware corporation, and its affiliate, Alexander Proudfoot Company of Australia, a Swiss GmbH,
Appellees.
TEXT: POLEN, Judge. Craig Carnahan, a former employee of the appellee Alexander Proudfoot Company
W...D IN PART, REVERSED IN PART, WITH INSTRUCTIONS TO MODIFY THE ORDER ISSUED BY THE TRIAL COURT ON
OCTOBER 16, 1990. ANSTEAD and GARRETT, JJ., concur.
238-CITE: 533 So.2d 942 Mindy FRUMKES, Appellant, v. BEASLEY-REED BROADCASTING OF MIAMI, INC., a Florida
corporation, Appellee.
TEXT: PER CURIAM. This is an appeal from an order granting a temporary injunction to enforce the
n...verse the order granting a temporary injunction to enforce the non-compete agreement, and we
remand for further proceedings. REVERSED AND REMANDED.
239-CITE: 630 So.2d 1205 Edwin J. EDELSTEIN, Appellant, v. William J. FLANAGAN and Mary Flanagan,
Appellees.
TEXT: KLEIN, Judge. We hold that a real estate broker who finds a buyer for a business does not
be...therefore affirm the trial court s conclusion that Chapter 517 was inapplicable. Affirmed.
DELL, C.J., and DOWNEY, JAMES C., Senior Judge, concur.
240-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.
241-CITE: 621 So.2d 713 Mary J. BARRY, Appellant, v. FAULK INVESTMENTS, INC., and Florida Unemployment
Appeals Commission, Appellees.
TEXT: ALTENBERND, Judge. Mary J. Barry appeals the order of the Unemployment Appeals Commission
(t... as to Ms. Barry s entitlement to benefits from Romac. *714 Affirmed in part, reversed in
part, and remanded. RYDER, A.C.J., and FRANK J., concur.
242-CITE: 676 So.2d 46 Janice N. COLON, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: ERVIN, Judge. This is an appeal from a final order of the Unemployment Appeals Commission,
d...sed and the cause remanded with directions that Colon s application be granted. REVERSED and
REMANDED. DAVIS, J., and SMITH, Senior Judge, concur.
243-CITE: 680 So.2d 619 JOHN W. KEARNS, P.A., Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION, Appellee.
TEXT: PER CURIAM. An attorney appeals the determination that a secretary he engaged was an
employe...and servant; (j) whether the principal is or is not in business. Cantor, 184 So.2d at
174-175 (quoting Restatement (Second) of Agency Section 220).
244-CITE: 465 So.2d 538 James A. LEONARD, State Farm Mutual Automobile Insurance Company, Budget
Rent-A-Car of Tampa, Inc., and Liberty Mutual Insurance Company, Jointly and Individually,
Appellants, v. Robert H. DENNIS, Appellee. BUDGET RENT-A-CAR OF TAMPA, INC., and Liberty Mutual
Insurance Company, Appellants, v. Robert H. DENNIS, Appellee.
TEXT: GRIMES, Acting Chief Judge. These appeals involve the question of whether an employee who
wa...mages. We reverse and remand the case with directions to enter judgment for the appellants.
LEHAN, J., and LOGAN, PAUL E., Associate Judge, concur.
245-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.
246-CITE: 751 So.2d 645 GOLD COAST MEDIA, INC., Appellant, v. Barry MELTZER, Appellee.
TEXT: NESBITT, J. An employer appeals the summary judgment entered in employee s favor,
concluding...he case of both involuntary and voluntary terminations. Accordingly, we reverse the
order under review and we order judgment in Gold Coast s favor.
247-CITE: 622 So.2d 109 Nancy BRAITHWAITE, Appellant, v. DEPARTMENT OF TRANSPORTATION and Crawford &
Company, Appellees.
TEXT: WOLF, Judge. Nancy Braithwaite, claimant, challenges a final order of the judge of
compensat...ay 1, 1988, and May 27, 1991, and remand for further proceedings concerning claimant s
entitlement to said benefits. SMITH and MICKLE, JJ., concur.
248-CITE: 560 So.2d 256 AIR AMBULANCE NETWORK, INC., Appellant, v. Lawrence R. BERCU, d b a Air
Ambulance, Appellee.
TEXT: PER CURIAM. The evidence supports the trial court s finding that Air Ambulance Network,
Inc.... of Bercu in AAN s action to enforce a noncompetitive clause in the parties employment
contract. Appellant s remaining points lack merit. Affirmed.
249-CITE: 485 So.2d 1 Terry SMALLS, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS COMMISSION and
Butler Corporation, Appellees.
TEXT: FRANK, Judge. The appellant, Terry Smalls, has sought our review of an administrative order
...ations Commission, Florida Department of Commerce, Tallahassee, 277 So.2d 827 (Fla. 4th DCA
1973). Affirmed. SCHEB, A.C.J., and LEHAN, J., concur.
250-CITE: 470 So.2d 838 SETKO FASTENERS, INC., a foreign corporation, Appellant, v. Fred G. KUESTER,
Appellee.
TEXT: SCHEB, Judge. Fred G. Kuester filed suit against Setko Fasteners, Inc., an Illinois
corporat...ss. If he cannot, the court should grant the motion to dismiss for lack of jurisdiction.
Reversed and remanded. RYDER, C.J., and HALL, J., concur.
251-CITE: 748 So.2d 323 CARNIVAL CORPORATION, Appellant, v. The HERTZ CORPORATION, d b a Hertz
Rent-A-Car, Appellee.
TEXT: On Motion for Clarification Granted NESBITT, J. The opinion of this Court filed on October
..., Aguilar v. Standard Oil Co., 318 U.S. 724, 63 S.Ct. 930, 87 L.Ed. 1107 (1943); see also Becker
v. Waterman S.S. Corp., 179 F.2d 713 (2d Cir.1950).
252-CITE: 449 So.2d 1307 VIP TOURS OF ORLANDO, INC., Appellant, v. STATE of Florida, DEPARTMENT OF LABOR
& EMPLOYMENT SECURITY, DIVISION OF EMPLOYMENT SECURITY, Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. VIP Tours, Inc. appeals from an order of the Division of
Empl...tors. In summary, we find that Hoogland was an independent contractor and accordingly
REVERSE the Division s order. DAUKSCH and COBB, JJ., concur.
253-CITE: 495 So.2d 826 ADART SOUTH POLYBAG MFG., INC. and Sentry Insurance Company, Appellants, v.
Gerard GOLDBERG, Appellee.
TEXT: ERVIN, Judge. Adart appeals from an order of the deputy finding claimant s average weekly
wa...s finding. Although I disagree with the deputy, I will not attempt to substitute my judgment
for his as that it not this court s function on appeal.
254-CITE: 691 So.2d 26 Randy MILLER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Randy Miller (Miller) appeals his conviction and sentence for robbery with a
fir...s. We remand for correction in this regard consistent with Evans. AFFIRMED in part and
REVERSED in part. WEBSTER, MICKLE and LAWRENCE, JJ., concur.
255-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.
256-CITE: 710 So.2d 176 MUSCATO CORPORATION, Appellant, v. HARTFORD INSURANCE COMPANY, etc., et al.,
Appellees.
TEXT: ANTOON, Judge. The Muscato Corporation (Muscato) appeals the trial court s final summary
jud...claims because the alleged intentional actions were not covered under the terms of the
policies. AFFIRMED. GRIFFIN, C.J., and GOSHORN, J., concur.
257-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.
258-CITE: 662 So.2d