Phrase search :business incorporation
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1-CITE: 744 So.2d 1076 MIAMI-DADE COUNTY, et al., Appellants, v. PALMETTO BAY, etc., et al.,
Appellees.
TEXT: PER CURIAM. This case involves the interpretation of Section 5.05 of the Dade County Home
Ru...a v. NationsBank of Florida, N.A., 698 So.2d 280 (Fla. 3d DCA 1997); Fraternal Order Of Police
v. Odio, 491 So.2d 339 (Fla. 3d DCA 1986). Reversed.
2-CITE: 736 So.2d 1281 Lance E. FRIED, Appellant, v. Scott N. BERGMAN, individually and as director of
Classic Collectible Products, Inc., and Marie B. Ringvik, individually and as director of Classic
Collectible Products, Inc., Appellees.
TEXT: KLEIN, J. Appellant brought this case against a corporation, Classic Collectible Products,
I...of dismissal and remand without prejudice to the defendants seeking a stay pending resolution of
the Georgia case. STONE and STEVENSON, J., concur.
3-CITE: 435 So.2d 802 THE FLORIDA BAR, Complainant, v. James C. COLLIER, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding by The Florida Bar against James C. Collier, a
memb...mount of $516.34 are hereby taxed against respondent. It is so ordered. ADKINS, Acting
C.J., and BOYD, OVERTON, McDONALD and EHRLICH, JJ., concur.
4-CITE: 708 So.2d 972 NEW MOUNT MORIAH MISSIONARY BAPTIST CHURCH, INC., Appellant, v. Reverend Charles
L. DINKINS, Appellee.
TEXT: FLETCHER, Judge. The New Mount Moriah Missionary Baptist Church, Inc. [Church], a not for
pr...tain any provision for the regulation and management of the affairs of the corporation not
inconsistent with law or the articles of incorporation.
5-CITE: 478 So.2d 504 Julius KOPLOWITZ, Audrey Koplowitz, his wife; Sheldon Lending and Frances
Lending, his wife, Appellants, v. IMPERIAL TOWERS CONDOMINIUM, INC., a Florida not-for-profit
corporation, Appellee.
TEXT: HURLEY, Judge. This appeal challenges an amendment to a condominium association s rental
rul... and remand the cause for further proceedings not inconsistent with this opinion. REVERSED
and REMANDED. HERSEY, C.J., and GLICKSTEIN, J., concur.
6-CITE: 582 So.2d 689 Carter W. HOPKINS, Lorraine Charney Sonnabend, Douglas Erickson, Tina Lane,
Edward Walton, Jr. and Anne Wilson; Judith C. George, Joanne Schulte Charles Harrison Pawley and
Robert Hartnett, Appellants, v. THE VIZCAYANS, a Florida not-for-profit corporation and Cynthia
Kline and Joan MacNeil, as Trustees of, for and on behalf of the Vizcayan Foundation, Inc.,
Appellees.
TEXT: ON MOTION FOR REHEARING BASKIN, Judge. We deny the motion for rehearing, but substitute
thi... Florida Statutes (1975), was repealed by chapter 89-154, section 166, Laws of Florida, and
replaced with section 607.0301, Florida Statutes (1989).
7-CITE: 745 So.2d 482 DIVE BIMINI, INC.; Dive Bimini, Ltd.; Scuba Bimini, Inc.; Scuba Bimini, Ltd.;
Offshore Enterprises of Jacksonville, Inc.; and John C. Norwood, Appellants, v. Diane E. ROBERTS,
individually, and as personal representative of the Estate of Brett A. Roberts, and as parent and
guardian of Paul A. Roberts, Michael B. Roberts, and Sandra E. Roberts, Appellees.
TEXT: VAN NORTWICK, J. Dive Bimini, Inc. (Dive Bimini), Scuba Bimini, Inc. (Scuba Bimini), and
Joh...lly keeps, an office for transaction of its customary business, where the cause of action
accrued, or where the property in litigation is located.
8-CITE: 460 So.2d 580 INTERNATIONAL HARVESTER COMPANY, a corporation, Paul L. Rice, Ken Law and Mann
International, Inc., a corporation, Appellants, v. C. Rex MANN, Appellee.
TEXT: SHIVERS, Judge. Defendants appellants appeal an order denying their motion to dismiss for
la...pon which to base personal jurisdiction. Accordingly, the denial of appellant s motion to
dismiss is affirmed. WENTWORTH and NIMMONS, JJ., concur.
9-CITE: 481 So.2d 1272 Connie BIANCARDI, Appellant, v. PROVIDENCE SQUARE ASSOCIATION, INC., State Farm
Fire and Casualty Company and Empire of America, FSA, Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment granting reformation of a recorded
Declara... by the court. The judgment is reversed and this cause remanded for further proceedings.
REVERSED and REMANDED. ORFINGER and COWART, JJ., concur.
10-CITE: 693 So.2d 137 Jill PATTERSON and Barry Patterson and Conch Republic Woodworks, Incorporation,
Appellants, v. Marie MADIGAN, Individually, and Madigan Associates, Incorporated, Appellees.
TEXT: PER CURIAM. Affirmed. Section 689.01, Fla.Stat. (1996); Section 725.01, Fla.Stat. (1996).
...ees. Before JORGENSON, GERSTEN and GODERICH, JJ. TEXT: PER CURIAM. Affirmed. Section 689.01,
Fla.Stat. (1996); Section 725.01, Fla.Stat. (1996).
11-CITE: 520 So.2d 618 SANTA FE PASS, INC., Appellant, v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION
and Santa Fe Lake Dwellers Association, Inc., Appellees.
TEXT: PEARSON, TILLMAN, Associate Judge (Retired). The appellant, a developer, filed with the
Depa...of Fla.Admin.Code Rule 17-25.027, the permit shall issue, otherwise it shall be denied.
REVERSED with directions. SHIVERS and ZEHMER, JJ., concur.
12-CITE: 523 So.2d 170 Clyde N. WELLS, Jr., Appellant, v. Moss Stevens WELLS, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals the trial court s order directing cash disbursement of
t...ature. Therefore, that portion of paragraph one of the order directing disbursement of $112,500
in cash is REVERSED. BOOTH AND ZEHMER, JJ., concur.
13-CITE: 463 So.2d 1134 In re AMENDMENTS TO the ARTICLES OF INCORPORATION OF the FLORIDA BAR
FOUNDATION, INCORPORATED.
TEXT: BOYD, Chief Justice. This proceeding is before the Court on the petition of The Florida Bar
...rida Bar Foundation Charter are hereby approved and adopted. It is so ordered. ADKINS, OVERTON,
ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.
14-CITE: 446 So.2d 164 BEAU MONDE, INC., a Florida corporation, B.F. Aldridge, Jr., William Williams,
Max Koenigsberg, Alex Rein, Betty Myers, Robert Stubenfall, Sonia J. Geiger, individually and as the
Directors of Beau Monde, Inc., a condominium association, U.S. Home, Inc., a corporation, Port
Builders, Inc., a Florida corporation, Bay Management, Inc., a Florida corporation, Appellants, v.
Albert H. BRAMSON, Grace Giunta, Margaret E. Lawrence, and Florence Concannon, Appellees.
TEXT: SCHOONOVER, Judge. Appellants, Beau Monde, Inc. (Beau Monde), a condominium association,
the...ntemplated in the original documents and complied with section 718.114, Florida Statutes
(1979). AFFIRMED. HOBSON, A.C.J., and GRIMES, J., concur.
15-CITE: 518 So.2d 951 DRUHILL CONSTRUCTION, INC., Appellant, v. RSH CONSTRUCTORS, INC., Appellee.
TEXT: SHIVERS, Judge. Appellant Druhill Construction, Inc. (Druhill), appeals from a non-final
ord...Reflectone contract, the agreement between Druhill and RSH can fairly be interpreted as silent
on the venue issue, and venue is governed by statute.
16-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.
17-CITE: 548 So.2d 804 Rollie SWARTOUT, Appellant, v. LEWIS & ASSOCIATES DEVELOPMENT CORP. and
Executive Risk Consultants, Inc., Appellees.
TEXT: NIMMONS, Judge. In connection with a January 1987 industrial accident, the claimant appeals
...aid to appellant. We hold only that, as a threshold matter, appellees bear the primary
responsibility for appellant s workers compensation coverage.
18-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.
19-CITE: 566 So.2d 296 STATE of Florida, ex rel., Robert A. BUTTERWORTH, Attorney General of the State
of Florida, on behalf of the citizens of the State of Florida, Appellant Cross-Appellee, v. ANCLOTE
MANOR HOSPITAL, INC., a For-Profit Florida Corporation; Walter H. Wellborn, Jr., M.D.; Arthur R.
Lautz; Manuel Valles, Jr.; Robert L. Cromwell; Thomas C. Farrington, Jr.; Thomas E. McLean; James C.
Trezevant, Jr.; Serge Bonanni; Lorraine Hibbs; Albert C. Jaslow, M.D.; Robert J. Van de Wetering,
M.D.; Walter L. Cooper; individually and as Directors of Anclote Psychiatric Center, Inc., a
Not-For-Profit Florida Corporation, and Anclote Manor Hospital, Inc.; and Anclote Psychiatric
Center, Inc., Appellees Cross-Appellants.
TEXT: PER CURIAM. The appellant, State of Florida, ex rel. Robert Butterworth, Atty. General of
th...is not necessary to reach a conclusion in this matter, we decline to discuss them. Affirmed.
SCHOONOVER, C.J., and DANAHY and PARKER, JJ., concur.
20-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.
21-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.
22-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).
23-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.
24-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.
25-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.
26-CITE: 547 So.2d 1237 Joseph A. MARTIN and Virginia Martin, his wife, John R. Bolte and Marian Bolte,
his wife, Geraldine Suter, Howard Virgin and Prudence Virgin, his wife, and John R. Batchelor and
Laura Batchelor, his wife, Appellants, v. OCEAN REEF VILLAS ASSOCIATION, INC., a Florida
corporation, Appellee.
TEXT: NORRIS, W.A., Jr., Associate Judge. Appellants are unit owners in Ocean Reef Villas
Condomin...werhouse Condominium, Inc. v. Millman, 475 So.2d 674 (Fla.1985), cited by appellants, is
inapposite. AFFIRMED. DANIEL, C.J., and COBB, J., concur.
27-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.
28-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.
29-CITE: 480 So.2d 211 Rudolph Waldo McKISSICK, Bishop C.D. Kinsey and Eugene Pryor, Appellants, v.
Donald E. BILGER and Forbes W. Blair, practicing law under the firm name of Bilger & Blair, a
partnership, Appellees.
TEXT: ERVIN, Judge. This is an appeal from a final judgment awarding appellees, a law firm,
$6,928...s insufficient to subject appellants to liability on the theories of joint venture and
account stated. REVERSED. JOANOS and BARFIELD, JJ., concur.
30-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.
31-CITE: 516 So.2d 1130 ESSEX CRANE RENTAL CORPORATION OF ALABAMA, Appellant, v. MILLMAN CONSTRUCTION
COMPANY, INC., and Fidelity and Deposit Company of Maryland, Appellees.
TEXT: SCHWARTZ, Chief Judge. In an action by the owner of a large construction crane on a
mechanic...ty, see Sections 627.728(1), 627.756, Fla.Stat. (1983), this portion of the judgment
under review is set aside. Affirmed in part, reversed in part.
32-CITE: 501 So.2d 655 OOLITE INDUSTRIES, INC., Appellant, v. MILLMAN CONSTRUCTION COMPANY, INC. and
Fidelity and Deposit Company of Maryland, Appellees.
TEXT: BARKDULL, Judge. We find no error in the trial court holding that for a materialman to a
sub...pecial group of lienors into a sword used by its adversaries against it. I believe that this
result is completely unjustified and therefore dissent.
33-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.
34-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.
35-CITE: 608 So.2d 119 FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellant, v. WALDRON S INC., a
Florida corporation, Appellee.
TEXT: PER CURIAM. This is an appeal from an order determining that Waldron s, Inc. (Waldron) is
en...rdrives Co., 167 So.2d 339 (Fla. 2d DCA 1964). *121 Accordingly, we affirm the summary
judgment. AFFIRMED. DOWNEY, HERSEY and POLEN, JJ., concur.
36-CITE: 644 So.2d 171 Roger Leon MARSHALL, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, Judge. We affirm the trial court s order revoking Roger Leon Marshall s probation.
We...as guilty of certain violations of probation which were neither relied upon or proved by the
state was improper). WARNER and PARIENTE, JJ., concur.
37-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.
38-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.
39-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.
40-CITE: 515 So.2d 1327 ISLAND MANOR APARTMENTS OF MARCO ISLAND, INC., Appellant, v. DIVISION OF
FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES, and Paul Duika, Appellees.
TEXT: LEHAN, Judge. A condominium association which was created by the filing of its declaration
o...agency cannot disregard an established judicial rule of contract construction. Reversed.
DANAHY, C.J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
41-CITE: 488 So.2d 864 Frances Louise WOLFSON, f k a Frances W. Cary, Appellant, v. Elton M. CARY,
Appellee.
TEXT: HENDRY, Judge. Petitioner Frances L. Wolfson appeals a final judgment denying her a special
...ares are held to be void; and the order distributing the tax refund equally between the parties
is affirmed. Affirmed in part and reversed in part.
42-CITE: 518 So.2d 377 HARRY RICH CORP., a Florida corporation, Appellant, v. Ira FEINBERG,
Individually, and Young Sophisticates Warehouse, Inc., Young Sophisticates Flagler, Inc., Young
Sophisticates Miami Springs, Inc., Young Sophisticates Calclub, Inc., Florida corporations, jointly
and severally, Appellees.
TEXT: DANIEL S. PEARSON, Judge. This appeal arises out of a creditor s attempt to hold an
individu...d merely acknowledging the potential relationship of Section 607.397 to promoters who
deal with people who are unaware that there is no corporation.
43-CITE: 583 So.2d 403 ROYAL DEVELOPMENT AND MANAGEMENT CORPORATION, a Florida corporation, and Roy
Lathan, individually, Appellant, v. GUARDIAN 50 50 FUND V, LTD., a Florida corporation, Appellee.
TEXT: PER CURIAM. The defendants, Royal Development and Management Corp. [Royal] and Roy Lathan
[L...ed from the lots. The trial court correctly allowed that evidence. For the foregoing reasons,
we affirm the judgment of the trial court. Affirmed.
44-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.
45-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.
46-CITE: 517 So.2d 70 P.S. FARRINGTON, Dr. Robert Eid, John Freidlander, Earl Schnell, Richard Levy and
Mildred Levy, Joseph H. McNamara, Anna Barbaro, Dorothy Evans, 1800 Atlantic Developers, and William
Mulvaney, Appellants, v. CASA SOLANA CONDOMINIUM ASSOCIATION, INC., Appellee.
TEXT: HENDRY, Judge. Farrington and other Casa Solana condominium unit owners appeal from a final
...l assessment. Accordingly, we find appellants claim of error relative to the trial court s
denial of their requests to be without merit. Affirmed.
47-CITE: 515 So.2d 225 THE FLORIDA BAR, Complainant, v. Ronald P. WHITLEY, Respondent.
TEXT: PER CURIAM. This Florida Bar disciplinary proceeding is before the Court for consideration
o...1,669.46, for which sum let execution issue. It is so ordered. McDONALD, C.J., and OVERTON,
EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
48-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.
49-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).
50-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).
51-CITE: 480 So.2d 131 GREENBRIAR CONDOMINIUM APARTMENTS II ASSOCIATION, INC., Greenbriar Condominium
Apartments III Association, Inc., Imperial Park Apartments II, Inc., Greenbriar Condominium
Apartments I Association, Inc., Bay Palms Condominium Association, Inc., Imperial Court Condominium
Association I, Inc., Imperial Court Condominium Association II, Inc., Imperial Court Condominium
Association III, Inc., Imperial Court Condominium Association IV, Inc., Imperial Court Condominium
Association V, Inc., Imperial Park Condominium Association, Inc., and Imperial Park Apartments One,
Inc., Appellants, v. Carl E. KOCH, Paula Koch, John Joseph Koch, and Carolyn Baumberger, Appellees.
TEXT: LEHAN, Judge. Ten condominium associations and two cooperative associations filed suit for
a...important to him. . . . [F]raud claims on separate contracts are inherently diverse. . . . )
Affirmed. DANANY, A.C.J., and SCHOONOVER, J., concur.
52-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.
53-CITE: 587 So.2d 570 Georgia M. JONES, Appellant, v. David Michael COOK and Fairchild-Florida Const.
Co., Appellees.
TEXT: JOANOS, Chief Judge. Georgia M. Jones has appealed an order of the trial court granting
appe...e of the action in Florida, and the trial court correctly granted summary judgment in favor
of appellees. Affirmed. SMITH and ZEHMER, JJ., concur.
54-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.
55-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.
56-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.
57-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.
58-CITE: 755 So.2d 792 R. Robert RUGGIO and Picture Archive Communications Services, L.L.C., a Florida
limited liability company, Appellants, v. Donald Q. VINING, Appellee.
TEXT: ALTENBERND, Acting Chief Judge. R. Robert Ruggio appeals a summary final judgment in favor
o...dat[ing] its business and affairs ). Reversed and remanded for further proceedings consistent
with this opinion. CASANUEVA and GREEN, JJ., Concur.
59-CITE: 719 So.2d 880 AMENDMENTS TO THE ARTICLES OF INCORPORATION OF THE FLORIDA BAR FOUNDATION, INC.
TEXT: ORDER The Articles of Incorporation of The Florida Bar Foundation, Inc., are hereby amended
...ector as set forth in Article 6.3(a) hereof. c) In June 1992, the Foundation shall select five
(5) directors as set forth in Article 6.3(a) hereof.
60-CITE: 517 So.2d 744 Don GALLAGHER, individually and on behalf of himself and Barbara Gallagher, his
wife, as sole shareholders of Hollywood Theatre Equipment, Inc., a Florida corporation, and
Hollywood Theatre Equipment, Inc., individually, and Don Gallagher on behalf of and for the benefit
of Royl Concession Supply Co., a Florida corporation, Appellants, v. Roy SMITH and Roy Smith Co. of
Jacksonville, a Florida corporation, and Royl Concession Supply Co., Appellees.
TEXT: HERSEY, Chief Judge. There are two interrelated issues in this appeal from a nonfinal
order,...the principal office of ROYL and (2) the most convenient forum for counts I, II and III.
REVERSED AND REMANDED. GLICKSTEIN and STONE, JJ., concur.
61-CITE: 654 So.2d 636 Warwick G. CAHILL, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION and Board of Pilot Commissioners, Appellees.
TEXT: PER CURIAM. Appellant, Warwick G. Cahill, appeals an order of the Board of Pilot
Commissione...etz v. Dep t of Business Regulation, Div. of Alcoholic Beverages & Tobacco, 475 So.2d
1277 (Fla. 1st DCA 1985). ALLEN, KAHN and DAVIS, JJ., concur.
62-CITE: 557 So.2d 686 VENTURE CORPORATION OF SARASOTA, INC., et al., Appellants, v. DEPARTMENT OF
BUSINESS REGULATION, etc., Appellee.
TEXT: DANIEL, Chief Judge. This is an administrative appeal of an order entered by the Department
...Kun, Jr. Accordingly, we reverse the order in so far as it imposes sanctions against him.
REVERSED and REMANDED. W. SHARP and COWART, JJ., concur.
63-CITE: 699 So.2d 240 AMENDMENTS TO THE ARTICLES OF INCORPORATION OF THE FLORIDA BAR FOUNDATION, INC.
TEXT: PER CURIAM. The Florida Bar Foundation, Inc., petitions this Court for approval of certain
p...ffective Date. Any amendment approved by the Supreme Court of Florida shall be effective upon
filing with the Secretary of State as provided by law.
64-CITE: 698 So.2d 948 Thomas A. BAGGETT, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, Appellee.
TEXT: ON MOTION FOR CLARIFICATION PER CURIAM. We grant the Department s motion for
clarification,...dder order in conjunction with a late turn, warrants revocation of his pilot s
license. REVERSED and REMANDED. ERVIN, KAHN and DAVIS, JJ., concur.
65-CITE: 659 So.2d 330 David R. AKINS, Appellant, v. Norma J. AKINS, Appellee.
TEXT: PER CURIAM. We review a final judgment of dissolution and a judgment awarding attorney s
fee...nt awarding attorney s fees and remand for further proceedings. GUNTHER, BOBBY W., STONE,
BARRY J. and WARNER, MARTHA C., Associate Judges, concur.
66-CITE: 639 So.2d 1125 Robert BAKERMAN, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Appellee.
TEXT: PER CURIAM. Affirmed. See Hyman v. State, Dep t of Business Regulation, Div. of Pari-Mutuel
...JJ. TEXT: PER CURIAM. Affirmed. See Hyman v. State, Dep t of Business Regulation, Div. of
Pari-Mutuel Wagering, 431 So.2d 603 (Fla. 3d DCA 1983).
67-CITE: 489 So.2d 38 NATIONAL AIRCRAFT SERVICE, INC., a Delaware corporation, Appellant, v. NEW YORK
AIRLINES, INC., a Delaware corporation, Appellee.
TEXT: WESSEL, JOHN D., Associate Judge. Based upon the doctrine of forum non conveniens the trial
...suing a cause of action in Florida courts based upon the doctrine of forum non convenience.
REVERSED AND REMANDED. DOWNEY and WALDEN, JJ., concur.
68-CITE: 510 So.2d 1020 PURE FRESH ENTERPRISES, INC. d b a Ponderosa Pub, Petitioner, v. DEPARTMENT OF
BUSINESS REGULATIONS, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO OF the STATE of Florida,
Respondent.
TEXT: PER CURIAM. Petitioner seeks review of an emergency order suspending an alcoholic beverage
l...EIN, DELL and STONE, JJ., concur. ------------ (FN1) We express no view on the merits of the
order, which would be the subject of any final hearing.
69-CITE: 661 So.2d 959 John C. MESE, Petitioner, v. The STATE of Florida, DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION, Respondent.
TEXT: PER CURIAM. Affirmed. Section 120.54(9)(a), Fla.Stat. (1993); Grantham v. Gunter, 498 So.2d
...ITT, and GERSTEN, JJ. TEXT: PER CURIAM. Affirmed. Section 120.54(9)(a), Fla.Stat. (1993);
Grantham v. Gunter, 498 So.2d 1328 (Fla. 4th DCA 1986).
70-CITE: 521 So.2d 316 Elizabeth HIRSCH, Appellant, v. KLOSTERS REDERI A S, d b a Norwegian Caribbean
Lines, Appellee.
TEXT: JORGENSON, Judge. Elizabeth Hirsch sustained injuries when she slipped and fell while
descen...yle should support, not thwart, the legibility of printed matter, especially when the
printed material seeks to restrict a passenger s legal rights.
71-CITE: 617 So.2d 1158 Howard B. WEINTRAUB, Harriet Weintraub, his wife, and Howard B. Weintraub,
Inc., Appellants, v. Elliot ROTH and Elliot Roth, Inc., a Florida Corporation, Appellees.
TEXT: PER CURIAM. We reverse a temporary injunction enforcing a covenant not to compete. The
tria...ining provisions of the temporary injunction are moot by reason of lapse of time. Reversed.
GLICKSTEIN, C.J., and GUNTHER and WARNER, JJ., concur.
72-CITE: 527 So.2d 948 Virginia McCARTHY, Appellant, v. Charles McCARTHY, Appellee.
TEXT: PER CURIAM. The wife appeals an amended final judgment of dissolution. The parties were
marr...quarter interest in the capital stock of the corporation to the husband. In all other
respects the said judgment is affirmed. Affirmed as modified.
73-CITE: 698 So.2d 1246 The MARION POWER SHOVEL COMPANY, a Delaware corporation, Appellant, v. Michael
HARGIS, Appellee.
TEXT: SHEVIN, Judge. Marion Power Shovel Company [ Marion Power ] appeals an adverse partial
summa...verse the summary judgment in Hargis s favor and remand for entry of summary judgment in
Marion Power s favor on this issue. Reversed and remanded.
74-CITE: 627 So.2d 594 FORMS AND SURFACES, INC., Appellant, v. WELBRO CONSTRUCTORS, INC., etc.,
Appellee.
TEXT: GRIFFIN, Judge. Forms and Surfaces, Inc., the defendant below ( Forms and Surfaces ),
appeal...sserts a forum non conveniens argument on appeal; however, if asserted, it is rejected as
legally insufficient, both procedurally and substantially.
75-CITE: 647 So.2d 151 FLORIDA REAL ESTATE COMMISSION, Appellant, v. Walter D. SHEALY, III, Appellee.
TEXT: ALLEN, Judge. The Florida Real Estate Commission appeals an order by which the appellee was
... its sole owner were described as one and the same entity. In Ann & Jan the corporation, rather
than the individual, was awarded the attorney s fee.
76-CITE: 683 So.2d 670 Richard T. WILLIAMS, Jr., t a Enterprise Properties, Appellant, v. DEPARTMENT OF
BUSINESS AND PROFESSIONAL REGULATION, etc., Appellee.
TEXT: COBB, Judge. We reverse the final order of the Florida Real Estate Commission and remand
for...in writing and include findings of fact and conclusions of law separately stated. . . .
REVERSED AND REMANDED. W. SHARP and THOMPSON, JJ., concur.
77-CITE: 533 So.2d 938 Rosemary SERAFINO, Appellant, v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF
PARI-MUTUEL WAGERING, Appellee.
TEXT: PER CURIAM. Upon the joint stipulation of the parties, the order of January 24, 1988, is
vac...t stipulation of the parties, the order of January 24, 1988, is vacated, and the cause is
remanded to the appellee for a new administrative hearing.
78-CITE: 559 So.2d 423 Raphael PREZIOSO, individually and for the use and benefit of C-P Development
and Construction Company, Appellants, v. Lorne A. CAMERON, Jr., C-P Development and Construction
Company, Aynslee M. Cameron, Capital S.B.I.C. Inc., and Barbara Cohen, Esther Cohen, and Stuart
Cohen, as Co-Personal Representatives of the Estate of I. Cutter Cohen, Appellees.
TEXT: PER CURIAM. Appellant challenges the entry of summary final judgment against C-P
Development... judgment. In light of the foregoing analysis, we affirm the trial court s entry of
summary final judgment. ANSTEAD, STONE and POLEN, JJ., concur.
79-CITE: 527 So.2d 952 IFCASA, S.A., Appellant, v. AMERICAN INTERNATIONAL CONTAINER, INC., Appellee.
TEXT: PER CURIAM. IFCASA appeals from an order of the trial court dismissing its complaint with
pr...ly, reverse and remand with directions to the trial court to delete the words with prejudice
from its order. Reversed and remanded with directions.
80-CITE: 511 So.2d 343 INVESTMENT INDUSTRIES OF FLORIDA, INC., et al., Appellants, v. DEPARTMENT OF
BUSINESS REGULATION, etc., Appellee.
TEXT: COWART, Judge. We have examined the record in this case and find it insufficient to support
...ections 498.023(1) or (2), Florida Statutes (1985). The final order herein dated June 6, 1986, is
REVERSED. UPCHURCH, C.J., and SHARP, J., concur.
81-CITE: 593 So.2d 1121 PALM BEACH MALL, INC., a Florida corporation and Corporate Property Investors,
a Massachusetts Business Trust, Appellants Cross Appellees, v. SOUTHEAST MILLWORK, INC., a Florida
corporation, Appellee Cross Appellant.
TEXT: PER CURIAM. Appellants claim that the trial court erred in entering a final judgment
foreclo... mall. Reversed and remanded for entry of a judgment in favor of appellants. WARNER and
FARMER, JJ., concur. LETTS, J., dissents without opinion.
82-CITE: 754 So.2d 154 Gregory Roy BAKER, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, J. A police Officer transporting a prisoner observed Baker sitting in his van near
a...stop. Both the loitering statute and common sense require more than this. REVERSED and
REMANDED. COBB, J., and ORFINGER, M., Senior Judge, concur.
83-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.
84-CITE: 641 So.2d 508 William R. MULDROW, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, Appellee.
TEXT: PER CURIAM. William R. Muldrow appeals an order which suspended his license as a roofing
con...try of an order dismissing the administrative complaint. We agree, and it is so ordered.
REVERSED AND REMANDED. ERVIN, WOLF and KAHN, JJ., concur.
85-CITE: 442 So.2d 1120 HIALEAH, INC., Petitioner, v. STATE of Florida DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF PARI-MUTUEL WAGERING, State of Florida Department of Business Regulation,
Florida Pari-Mutuel Commission, and Gulfstream Park Racing Association, Inc., Respondents.
TEXT: PER CURIAM. The petition for writ of mandamus is treated as one seeking review, Section
120....tes in Florida, including the viability and application of rotation rule in making that
determination. No motion for rehearing will be considered.
86-CITE: 700 So.2d 421 Barth SATULOFF, C.P.A., Appellant, v. AMERICAN RELIANCE INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. Barth Satuloff, the plaintiff in a suit for breach of an insurance contract,
app...toration because American Reliance had combined the amount admittedly due for data restoration
with the disputed amount for loss of business income.
87-CITE: 732 So.2d 47 Grace CHRISTIANS, Appellant Cross-Appellee, v. Robert CHRISTIANS, Appellee
Cross-Appellant.
TEXT: STEVENSON, J. Grace Christians appeals the final judgment dissolving her nine-year marriage
... equitable distribution consistent with the holding in this opinion. Affirmed in part, reversed
in part and remanded. DELL and POLEN, JJ., concur.
88-CITE: 457 So.2d 591 Ross HANCOCK, individually, Appellant, v. Frank CRIPPEN and Dorothy Crippen, his
wife, Appellees.
TEXT: SCHWARTZ, Chief Judge. Hancock is a resident of Volusia County who was joined as a
co-defend...unty where such corporation has an agent or other representative, where the cause of
action accrued, or where the property in litigation is located.
89-CITE: 675 So.2d 684 Joyce NEWBERRY, Appellant, v. Kathryn RIFE, Appellee.
TEXT: QUINCE, Judge. Joyce Newberry appeals the trial court s order denying her motion to dismiss
...tion 48.181. We, therefore, reverse the order of the trial court denying Newberry s motion to
dismiss. CAMPBELL, A.C.J., and PATTERSON, J., concur.
90-CITE: 480 So.2d 125 TRANSPORTES AEROS MERCANTILES PAN AMERICANOS (TAMPA) and Batch Air, Inc.,
Appellants, v. Humberto Medina CALDERON, Gloria Echeverry, Luis Javier Duque, Carlos Enrique
Estrada, Amparo Mejia Betancur, Appellees.
TEXT: PER CURIAM. Affirmed. Houston v. Caldwell, 359 So.2d 858 (Fla.1978). HUBBART and BASKIN,
JJ...he principal location of whatever business a company carries on within the state, even if its
Florida activities are only a small part of the whole.
91-CITE: 715 So.2d 381 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Edwin HENRY,
Respondent.
TEXT: PER CURIAM. Petitioner has failed to show that appeal from a final agency decision will not
...n adequate remedy. Accordingly, the petition for review of nonfinal administrative action is
denied. BOOTH, VAN NORTWICK and PADOVANO, JJ., concur.
92-CITE: 519 So.2d 743 RBC I, Inc., Appellant, v. AJAR I, Inc., Appellee.
TEXT: PER CURIAM. In this interlocutory appeal, the defendant RBC I, Inc. (RBC) challenges an
orde...re s functional place of business. Accordingly, the plaintiff correctly selected Dade County
as the proper forum in which to bring suit. Affirmed.
93-CITE: 659 So.2d 422 Jose FERNANDEZ, as Personal Representative of the Estate of Carmen Bertematti,
deceased, Appellant, v. RES-CARE HEALTH SERVICES, INC., a foreign corporation doing business in
Florida, Alan McGinnis, Kenneth Gummels and Donald Mitchell, individually and doing business as a
partnership under the name Brookwood Extended Care Center of Homestead , a foreign partnership doing
business in Florida, Appellees.
TEXT: PER CURIAM. The appellant s motion for relief under Florida Rule of Civil Procedure 1.540
wa...relief from judgment is reversed, and this cause is remanded to the trial court for further
proceedings consistent herewith. Reversed and remanded.
94-CITE: 753 So.2d 794 ST. AUGUSTINE OCEAN AND RACQUET CLUB CONDOMINIUM ASSOCIATION, INC., Appellant,
v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, etc., Appellee.
TEXT: GRIFFIN, J. St. Augustine Ocean & Racquet Club Condominium Association, Inc. [ the
Associati...of individual condominium owners is to be struck, it is the legislature who must do it.
AFFIRMED. COBB, J., and HILL, M., Associate Judge, concur.
95-CITE: 488 So.2d 50 DEPARTMENT OF BANKING AND FINANCE, Appellant, v. STANDARD FEDERAL SAVINGS AND
LOAN ASSOCIATION, et al., Appellees.
TEXT: OVERTON, Justice. This is a petition to review State, Department of Banking and Finance ex
r...essed, we approve the decision of the district court of appeal. It is so ordered. BOYD, C.J.,
and ADKINS, McDONALD, EHRLICH and SHAW, JJ., concur.
96-CITE: 710 So.2d 1053 Roosevelt EMANUEL, d b a Emanuel Phase I, Appellant, v. DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION, Appellee.
TEXT: CONFESSION OF ERROR PER CURIAM. We treat the appellee s motion to remand as a confession
of...nduct a hearing in accordance with the Administrative Procedure Act, Chapter 120, Florida
Statutes (1997). Reversed and remanded with instructions.
97-CITE: 505 So.2d 629 GULFSTREAM PARK RACING ASSOCIATION, INC., Appellant, v. Peter COURNOYER,
Appellee.
TEXT: PER CURIAM. Gulfstream Racing Association, Inc. appeals from an order denying its motion to
...unty. On these authorities we hold that venue in this cause should have been transferred.
Reversed and remanded for further consistent proceedings.
98-CITE: 462 So.2d 1151 JAYRE, INC., a Florida corporation, and Hillard Herzog, Appellants, v.
BARCLAYSAMERICAN BUSINESS CREDIT, INC., a Connecticut corporation, Appellee. FLAGSHIP NATIONAL BANK
OF BROWARD COUNTY, Appellant, v. BARCLAYSAMERICAN BUSINESS CREDIT, INC., a Connecticut corporation,
Appellee.
TEXT: PER CURIAM. Affirmed. ...s & Bockius and Phyllis S. Bean, Miami, for appellee. Before
SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ. TEXT: PER CURIAM. Affirmed.
99-CITE: 463 So.2d 1126 TAMIAMI TRAIL TOURS, INC., a Florida corporation, and D.C. Crosby, Petitioners,
v. J.C. COTTON and Aubrey Jesse Cotton, Respondents.
TEXT: PER CURIAM. This is a petition to review Tamiami Trail Tours, Inc. v. Cotton, 432 So.2d 148
...uld rewrite the trial script. I would therefore let stand the judgment in Count I as an issue
tried pursuant to rule 1.190(b). ADKINS, J., concurs.
100-CITE: 724 So.2d 585 ASSOCIATION OF POINCIANA VILLAGES, Appellant, v. AVATAR PROPERTIES, INC., et
al., Appellees.
TEXT: W. SHARP, Judge. The Association of Poinciana Villages, Inc. (Association), a not-for
profit...ges after the filing of a declaration such as the one in this case, would have been
superfluous. REVERSED. GRIFFIN, C.J., and DAUKSCH, J., concur.
101-CITE: 593 So.2d 272 SQUIRES III, INC., Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF
PITTSBURGH, PENNSYLVANIA, Appellee.
TEXT: GOSHORN, Chief Judge. Squires III, Inc. appeals the final judgment entered on the pleadings
...r. Therefore, we reverse the final judgment and remand the cause for further proceedings.
REVERSED and REMANDED. COWART and PETERSON, JJ., concur.
102-CITE: 741 So.2d 641 Mona PARKER, Appellant, v. Claude AVRAHAM, Appellee.
TEXT: SHEVIN, Judge. We reverse the order setting aside the parties final dissolution judgment.
As... facts, the court erred in setting aside the order. The cause is remanded with instructions to
reinstate the final judgment. Reversed and remanded.
103-CITE: 752 So.2d 722 Nick FARAH Jr., d b a Farah s On The Avenue, Appellant. v. DEPARTMENT OF
BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellee.
TEXT: PER CURIAM. Having considered appellant s response to the court s order, the appeal is
hereb...d Water Florida, Inc. v. Florida Public Service Commission, 728 So.2d 1250 (Fla. 1st DCA
1999). BARFIELD, C.J., LAWRENCE and BROWNING, JJ., CONCUR.
104-CITE: 517 So.2d 756 George B. KARPAY, Appellant, v. LAS BRISAS CONDOMINIUM ASSOCIATION, INC.,
Appellee.
TEXT: CAMPBELL, Acting Chief Judge. The question here is whether a vendor, under an agreement for
... member who could be assessed condominium association common expenses. We accordingly affirm.
HALL, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
105-CITE: 548 So.2d 270 TERRANOVA CORPORATION, a Florida Corporation, as the authorized managing agent
for B & D Enterprises of Miami, Inc., a Florida Corporation, Appellant, v. Mark FRIED, Appellee.
TEXT: LEVY, Judge. A commercial landlord appeals the entry of an adverse final judgment in its
act...solution period. Accordingly, the Judgment is reversed and the case is remanded for further
proceedings consistent herewith. Reversed and remanded.
106-CITE: 751 So.2d 103 Steve THOMSON, Petitioner, v. Lori THOMSON, Respondent.
TEXT: WARNER, C.J. The husband in a marital dissolution case seeks certiorari review of an order
d...hown any departure from the essential requirements of law or any abuse of discretion. We
therefore deny the petition. STONE and GROSS, JJ., concur.
107-CITE: 632 So.2d 226 Margaret GILL, Appellant, v. James Patrick GILL and Gills Trading Co., Inc.,
Appellees.
TEXT: SCHOONOVER, Judge. The appellant, Margaret Gill, challenges the final judgment dissolving
he...nd it necessary to reverse any of the court s other awards. Reversed and remanded with
instructions. CAMPBELL, A.C.J., and THREADGILL, J., concur.
108-CITE: 447 So.2d 226 LIBRARY LOUNGE, INC., d b a Library Lounge, Appellant, v. DIVISION OF ALCOHOLIC
BEVERAGES AND TOBACCO, Appellee.
TEXT: PER CURIAM. Affirmed. Florida Real Estate Commission v. Webb, 367 So.2d 201 (Fla.1978);
Lash...ation, 411 So.2d 276 (Fla. 3d DCA 1982); Section 120.68(10) and Section 120.68(12), Fla.Stat.
(1979). OTT, C.J., and RYDER and DANAHY, JJ., concur.
109-CITE: 433 So.2d 36 METROPOLITAN LIFE INSURANCE COMPANY, A New York corporation, Appellant, v. Robert
S. AUSTIN and Alfred S. Austin, co-partners, d b a Austin Development Company, et al., Appellees.
TEXT: PER CURIAM. Metropolitan Life Insurance Company brought suit seeking temporary and
permanent...ccordingly, we REVERSE and REMAND for entry of relief consistent with our foregoing
opinion. HOBSON, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.
110-CITE: 701 So.2d 1249 Donald L. JOYNT and Amy M. Joynt, Appellants, v. ORANGE COUNTY, Florida, etc,
Appellee.
TEXT: HARRIS, Judge. In this eminent domain case, the property owner is seeking business damages.
...ce damages to a road right-of-way condemnation, it would have done so in plain language.
REVERSED and REMANDED. DAUKSCH and W. SHARP, JJ., concur.
111-CITE: 620 So.2d 217 WJA REALTY LIMITED PARTNERSHIP, d b a Tampa Jai Alai, Appellant, v. DEPARTMENT
OF BUSINESS REGULATION, DIVISION OF PARIMUTUEL WAGERING, Appellee.
TEXT: PER CURIAM. The appellant challenges an administrative order by which the Division of
Pari-M...nstitution. See Florida Export. We therefore reverse the appealed order insofar as it
assesses the disputed tax. ALLEN, WOLF and KAHN, JJ., concur.
112-CITE: 483 So.2d 81 Everette Lamar SIMS, Appellant, v. STATE of Florida, Appellee.
TEXT: McCORD, GUYTE P. JR. (Ret.), Associate Judge. Sims appeals the denial of his motion to
suppr...sition on this issue, we do not consider it necessary to discuss the remaining argument
urged by Sims. REVERSED. ERVIN and WIGGINTON, JJ., concur.
113-CITE: 435 So.2d 979 Sally Wingate UPSTILL, Appellant, v. Paul Edward UPSTILL, Appellee.
TEXT: GLICKSTEIN, Judge. In this appeal by the former wife from the final judgment of
dissolution,...to value and origin of each relevant asset in issue. *981 award as equitable
distribution as those findings suggest. DOWNEY and LETTS, JJ., concur.
114-CITE: 673 So.2d 874 STATE, DEPARTMENT OF TRANSPORTATION, Appellant, v. James C. COLEMAN, et ux, et
al., Appellee.
TEXT: PER CURIAM. Pursuant to an eminent domain proceeding, the Department of Transportation took
...ully dissent for the reasons set out in my separate opinion in State, Department *875 of
Transportation v. Murray, 670 So.2d 977 (Fla. 1st DCA 1996)
115-CITE: 458 So.2d 1171 Malcolm WINFIELD, Appellant, v. The STATE of Florida, DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Appellee.
TEXT: PER CURIAM. The final order of the Division of Pari-Mutuel Wagering is affirmed upon a
holdi...ring officer s determinations, which were adopted by the Division, that Winfield violated
three rules of the Florida Administrative Code. Affirmed.
116-CITE: 513 So.2d 801 Theodore C. SAFFOLD, Appellant, v. Doris L. SAFFOLD, Appellee.
TEXT: LETTS, Judge. In a property settlement agreement, entered into incident to a marriage
breaku...fees to counsel for the wife. This case is reversed and remanded in accordance herewith.
REVERSED and REMANDED. ANSTEAD and GUNTHER, JJ., concur.
117-CITE: 686 So.2d 7 C. Raymond McINTYRE, as Property Appraiser of Highlands County, Florida, J.T.
Landress, as Tax Collector of Highlands County, Florida; and L.H. Fuchs, as Executive Director of
the Department of Revenue, State of Florida. Petitioners, v. FRIENDLY VILLAGE LANCASTER ASSOCIATES,
LTD., a California limited partnership registered to do business in Florida, Diamond Village
Associates, Ltd., a California limited partnership registered to do business in Florida; and Crystal
Lake Community Limited Partnership, a California limited partnership registered to do business in
Florida, Respondents.
TEXT: PER CURIAM. The Petition for Writ of Certiorari is dismissed. Martin-Johnson, Inc. v.
Savage...a.1987); Parkway Bank v. Fort Myers Armature Works, Inc., 658 So.2d 646 (Fla. 2d DCA 1995).
FRANK, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.
118-CITE: 688 So.2d 467 Lauren DONSKY-LEVINE, Appellant, v. David G. LEVINE and Wheeler Dealer, Inc., a
Florida corporation, Appellees.
TEXT: PER CURIAM. This is the second appeal arising out of the trial court s deficient judgments
i...ney s fees and reverse the award of only partial fees to her. We affirm as to all other issues
raised. GLICKSTEIN, DELL and PARIENTE, JJ., concur.
119-CITE: 651 So.2d 1248 Jeffrey Michael ESPOSITO, Appellant, v. Angie R. ESPOSITO, Appellee.
TEXT: QUINCE, Judge. Jeffrey Esposito (husband) appeals the trial court s distribution of assets
i...stribution of the massage therapy business and remand for further proceedings consistent with
this opinion. CAMPBELL, A.C.J., and BLUE, J., concur.
120-CITE: 449 So.2d 1006 Richard H. SLACTER, Appellant, v. CITY OF ST. PETERSBURG, a municipal
corporation, Appellee.
TEXT: BOARDMAN, Acting Chief Judge. This appeal involves an action in eminent domain. Upon
review...them reversible error has not been demonstrated. REVERSED and REMANDED for proceedings
consistent with this opinion. SCHEB and LEHAN, JJ., concur.
121-CITE: 669 So.2d 336 MIAMI CHILD S WORLD, INC., Appellant, v. SUNBEAM TELEVISION CORP. d b a WSVN
Channel 7 and Jon Steinberg, Appellees.
TEXT: PER CURIAM. The plaintiff, Miami Child s World, Inc. [Child s World], appeals from an
advers...ent and that it expired by its own terms. Therefore, the trial court properly granted
summary judgment as to both counts, and we affirm. Affirmed.
122-CITE: 519 So.2d 739 STADLER COMMERCIAL REAL ESTATE SERVICES, INC., Appellant, v. INDUSTRIAL WASTE
SERVICES, INC., Appellee.
TEXT: PER CURIAM. This is an appeal by a plaintiff real estate broker from a final summary
judgmen... (Fla.1955); Warren Hunnicutt, Jr., Inc. v. Gleason, 462 So.2d 878 (Fla. 2d DCA 1985);
Scott v. Downey, 314 So.2d 16 (Fla. 4th DCA 1975). Affirmed.
123-CITE: 661 So.2d 955 GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida corporation, Appellant, v.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, and The
Florida Thoroughbred Breeders Association d b a The Florida Thoroughbred Breeders and Owners
Association, and Stanley M. Ersoff, Appellees.
TEXT: GUNTHER, Chief Judge. Appellant, Gulfstream Park Racing Association, Inc., appeals a
declara...50.2625(2)(a) without prejudice to Gulfstream to raise any affirmative defenses in future
proceedings. AFFIRMED. POLEN and STEVENSON, JJ., concur.
124-CITE: 430 So.2d 928 OSCAR S LOUNGE, INC., d b a Oscar s Restaurant and Lounge, Appellant, v.
DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellee.
TEXT: PER CURIAM. Affirmed. Section 120.57(1)(b) 9, Fla.Stat. (1981); Westchester General
Hospital...me and Property Owners v. Ruzakawski, 336 So.2d 399 (Fla.1976); Schomer v. Department of
Professional Regulation, 417 So.2d 1089 (Fla. 3d DCA 1982).
125-CITE: 627 So.2d 1346 Newton SMITH, a k a Francis N. Smith, Appellant, v. DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION, BOARD OF CLINICAL LABORATORY PERSONNEL, Appellee.
TEXT: PER CURIAM. This is an appeal brought by a license applicant from a decision of the
Departme...r licensure is quashed, with instructions to the Department to forward the applicant s
petition to the DOAH. Reversed and remanded with directions.
126-CITE: 702 So.2d 246 Rafael SUAREZ, Appellant, v. Maria C. SUAREZ, Appellee.
TEXT: PER CURIAM. Affirmed. JORGENSON and LEVY, JJ., concur. COPE, Judge (dissenting). I
acknow...latively modest lifestyle during the marriage, this case is in serious danger of
overlitigation. It needs more than anything a prompt final hearing.
127-CITE: 697 So.2d 985 Joseph SIMMONS, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, Judge. In contesting the restitution order entered in appellant s criminal
prosecuti...se the order of restitution. We therefore reverse the order of restitution and remand
for a new restitution hearing. POLEN and GROSS, JJ., concur.
128-CITE: 732 So.2d 459 GULF ISLAND RESORT, INC., a Florida Corporation, individually and as general
partner of Gulf Island Resort, L.P., Ltd., a Delaware Limited Partnership, and Judah Hertz, Alex
Bistricer, and Robert B. Fireworker as limited partners of Gulf Island Resort, L.P., Ltd., and Kit
Marchel, Robert B. Fireworker, Judah Hertz, Alex Bistricer and David Ross as trustees of Gulf Island
Resort, Inc., Appellants, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF FLORIDA
LAND SALES, CONDOMINIUMS, AND MOBILE HOMES, Appellee.
TEXT: LAWRENCE, J. We have for review a default final order, issued by the Department of Business
...order which imposes liability on the limited partners and corporate trustees. REVERSED and
REMANDED with instructions. WOLF and KAHN, JJ., CONCUR.
129-CITE: 514 So.2d 381 CONDOMINIUM ASSOCIATION OF PLAZA TOWERS NORTH, INC., Appellant, v. PLAZA
RECREATION DEVELOPMENT CORP., a Florida corporation and Security Management Corp., a Maryland
corporation authorized to transact business in the State of Florida, Appellees.
TEXT: PER CURIAM. This is an appeal by the defendant condominium association, as a lessee under a
... incorporated herein by reference and made a part hereof, and unless the context otherwise
requires, said definitions shall prevail. Article XXIX.
130-CITE: 544 So.2d 1028 STATE of Florida, Appellant, v. William Perry WADE, Jr., Appellee.
TEXT: DANAHY, Acting Chief Judge. The state appeals an order granting the appellee s motion to
sup... the warrant. For the foregoing reasons, we reverse the order of suppression and remand for
further proceedings. LEHAN and PATTERSON, JJ., concur.
131-CITE: 656 So.2d 167 Tracy L. MILLIGAN, Appellant, v. Robert L. MILLIGAN, Appellee.
TEXT: PATTERSON, Judge. The wife appeals from a final judgment of dissolution of marriage. We
find...n amended final judgment awarding the husband s equity in the marital home to the wife as
lump-sum alimony. DANAHY, A.C.J., and QUINCE, J., concur.
132-CITE: 455 So.2d 466 DODGEN INDUSTRIES, INC., Appellant, v. Calvin COOK, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order awarding appellee indemnification
after...1980); Bradford White Corp. v. Aetna Ins. Co., 372 So.2d 994 (Fla. 3d DCA 1979). In the
present case the parties rely solely upon Section 48.181(1).
133-CITE: 555 So.2d 372 Michael TODOROVICH, Appellant, v. John W. WOLFNER, Appellee.
TEXT: PER CURIAM. In an action for slander, the plaintiff, Jack Wolfner, placed before the jury
as... (Fla.1987), cert. denied, 484 U.S. 1020, 108 S.Ct. 733, 98 L.Ed.2d 681 (1988). Wolfner s
damage claim did not involve a character issue. Affirmed.
134-CITE: 580 So.2d 879 SECURITY FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant, v. STATE of
Florida, DEPARTMENT OF TRANSPORTATION, Appellee.
TEXT: PER CURIAM. No reversible error being found, the judgment is AFFIRMED. Appellant s motion
fo...amages and substantial business damages, the jury s verdict of zero business damages should
also be reversed and the cause remanded for a new trial.
135-CITE: 439 So.2d 232 Conrad C. PALUMBO, Appellant, v. Janet R. PALUMBO, Appellee.
TEXT: FOXMAN, Associate Judge. This was a twelve year marriage with no children being born. At
the...dance with this opinion. The trial court may, in its discretion, receive further evidence.
REVERSED and REMANDED. DAUKSCH and COWART, JJ., concur.
136-CITE: 519 So.2d 708 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Jacob SCHATT and
Texaco, Inc., Appellees.
TEXT: LEHAN, Acting Chief Judge. The issue in, and the facts of, this case are substantially
indis...ARDS, AND PAYING THE REAL ESTATE TAXES ON THE PROPERTY. Reversed and remanded for
proceedings consistent herewith. FRANK and PARKER, JJ., concur.
137-CITE: 568 So.2d 544 Neil S. SCHWARTZ, et al., Appellants, v. SPECTRATECH INK COMPANY, etc.,
Appellee.
TEXT: PER CURIAM. This is the appeal from a final judgment in favor of appellee for goods sold.
We...o.2d 716, 719 (Fla. 4th DCA 1985). REVERSED with instructions to enter judgment in favor of
defendants. HARRIS, PETERSON and GRIFFIN, JJ., concur.
138-CITE: 693 So.2d 702 Giuseppe APA, Appellant, v. Lizzie Love APA, Appellee.
TEXT: PER CURIAM. Former husband appeals a contempt order. The trial court found that the former
h...sed on a presumption. Moreover, the trial court s express findings that appellant willfully
divested himself of the business negate the presumption.
139-CITE: 687 So.2d 953 Theodore N. GILLETTE, O.D., Appellant, v. DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION, BOARD OF OPTOMETRY, Appellee.
TEXT: PER CURIAM. AFFIRMED. Cole Vision Corporation, et al. v. Department of Business and
Professi...nt of Business and Professional Regulation, Board of Optometry, 688 So.2d 404 (Fla. 1st
DCA 1997). BARFIELD, C.J., and KAHN and DAVIS, JJ., concur.
140-CITE: 575 So.2d 652 STATE of Florida, et al., Appellants, v. PALM BEACH COUNTY, Florida, Appellee.
TEXT: KOGAN, Justice. The state appeals a circuit court order validating industrial development
re...e issuance of industrial revenue bonds by Palm Beach County. It is so ordered. SHAW, C.J.,
and OVERTON, McDONALD, BARKETT and GRIMES, JJ., concur.
141-CITE: 571 So.2d 64 Julie M. LIVINGSTON, Appellant, v. Michael A. LIVINGSTON, Appellee.
TEXT: PATTERSON, Judge. Julie Livingston challenges the trial court s equitable distribution of
th...priate, to reconsider the equitable distribution scheme in light of the new findings. Reversed
and remanded. SCHEB, A.C.J., and FRANK, J., concur.
142-CITE: 604 So.2d 33 METRA ELECTRONICS CORPORATION, Petitioner, v. John LYNCH and Freeda Lynch, his
wife, Respondents.
TEXT: PER CURIAM. DENIED. DAUKSCH and PETERSON, JJ., concur. GRIFFIN, J., concurs specially,
wit...do business with these firms; they merely claim not to possess any documents. (FN2) Also,
there is no record of the hearing on the motion to compel.
143-CITE: 510 So.2d 622 STATE of Florida, DEPARTMENT OF INSURANCE, and Treasurer, Petitioners, v. Mark
Anthony SCHULER, Respondent.
TEXT: PER CURIAM. This is a petition for certiorari filed by the State of Florida, Department of
I...er with directions to conduct an in camera inspection of the remainder of Schuler s business
records. Petition granted; writ issued; order quashed.
144-CITE: 593 So.2d 1231 Allen RADIN, Appellant, v. Isabel RADIN, Appellee.
TEXT: REVISED OPINION PER CURIAM. Upon consideration of appellant s motion for rehearing, we
with...nwarranted. For present purposes those comments have been excluded from consideration. We are
satisfied that any error in that respect was harmless.
145-CITE: 641 So.2d 195 The CONTINENTAL INSURANCE COMPANY, Appellant, v. KINNEY SYSTEM, INC., Appellee.
TEXT: PER CURIAM. The trial court applied the common law doctrine of forum non conveniens in
dismi...o business in Florida? (c) has its principal place of business in Florida? DELL, C.J.,
STONE, J., and RAMIREZ, JUAN, Jr., Associate Judge, concur.
146-CITE: 479 So.2d 112 DEPARTMENT OF BUSINESS REGULATION, DIVISION OF LAND SALES, etc., Petitioner, v.
Herman E. SIEGEL, Respondent. TOWERS OF QUAYSIDE HOMEOWNERS ASSOCIATION, Petitioner, v. Herman E.
SIEGEL, Respondent.
TEXT: OVERTON, Justice. These petitions seek review of the decision of the Third District Court
of...ove the ruling of the Divisions of Land Sales and Condominiums. It is so ordered. BOYD, C.J.,
and ADKINS, McDONALD, EHRLICH and SHAW, JJ., concur.
147-CITE: 574 So.2d 1222 Orlando HUGUET, Appellant, v. DEPARTMENT OF BUSINESS REGULATION, STATE OF
FLORIDA, Appellee.
TEXT: PER CURIAM. Orlando Huguet appeals a final order of the Public Employee Relations
Commission...f Professional Regulation, 542 So.2d 457 (Fla. 3d DCA), review denied, 548 So.2d 663
(Fla.1989). *1223 The order under review is therefore affirmed.
148-CITE: 538 So.2d 142 PALM BEACH COUNTY, Appellant, v. Ziyad AWADALLAH and Adnan Awadallah, et al.,
Appellees.
TEXT: PER CURIAM. This is an appeal from a final judgment rendered by the Palm Beach County
Circui...gment awarding business damages to the property owners must be reversed. GLICKSTEIN and
GARRETT, JJ., and KAHN, MARTIN D., Associate Judge, concur.
149-CITE: 448 So.2d 1141 FLORIDA POWER AND LIGHT COMPANY, a Florida corporation, Appellant, v. FIRST
NATIONAL BANK AND TRUST COMPANY OF RIVIERA BEACH, as Trustee, et al., Appellees.
TEXT: WALDEN, Judge. This is an eminent domain proceeding. The condemnor was Florida Power and
Lig...w hearing to be *1143 conducted without regard to the award of business damages. REVERSED AND
REMANDED. ANSTEAD, C.J., and GLICKSTEIN, J., concur.
150-CITE: 450 So.2d 328 HOWARD JOHNSON COMPANY, Appellant, v. DIVISION OF ADMINISTRATION, STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, Appellee.
TEXT: HERSEY, Judge. In condemnation proceedings appellant unsuccessfully sought business damages
...same type of loss. To this extent any damage suffered is damnum absque injuria. Id. at 799.
Accordingly, we affirm. DOWNEY and DELL, JJ., concur.
151-CITE: 496 So.2d 193 SEMINOLE TRIBE OF FLORIDA and Seminole Wholesale Distributors, Inc., Appellants,
v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellee.
TEXT: THOMPSON, Judge. Appellants challenged proposed Fla.Admin.Code. Rule 7A-10.26 arguing that
i...re reasonable interpretations of the statutory language and are consistent with the legislative
purpose. AFFIRMED. JOANOS and NIMMONS, JJ., concur.
152-CITE: 692 So.2d 963 John P. GRAVES, Jr., and William T. Kirtley, Appellants, v. LEASE PARTNERS
CORPORATION, a foreign corporation and Saramana Business products, Inc., a Florida corporation,
Appellees.
TEXT: PER CURIAM. In view of HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 685 So.2d 1238
(Fla....verse and remand for reinstatement of the second amended complaint. Reversed and remanded.
DANAHY, A.C.J., and PATTERSON and LAZZARA, JJ., concur.
153-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.
154-CITE: 564 So.2d 198 Linda F. ESTEVEZ, Appellant, v. PROJECT ADVISORS GROUP, LTD., et al., Appellees.
TEXT: PER CURIAM. The trial court was correct in determining that a Florida limited partnership,
w...So.2d 325 (Fla. 1st DCA 1970); Paul v. Kanter, 155 So.2d 402 (Fla. 3d DCA 1963). Accordingly,
we affirm the trial court in all respects. Affirmed.
155-CITE: 755 So.2d 769 S.J. BUSINESS ENTERPRISES, INC., a k a S.J. Enterprises, Inc., d b a Colorall
Technologies of the Gold Coast and Sanford Jacobson, Appellants, v. COLORALL TECHNOLOGIES, INC., a k
a Colorall, Gilbert Rosenbrier, Individually, and Gerald S. Prigal, Individually, Appellees.
TEXT: STONE, J. We affirm a final judgment, notwithstanding Colorall Technologies, Inc. s
(Defenda...nvestor may need or desire to waive a right to which he she is legally entitled. We,
therefore, affirm the judgment. DELL and, POLEN, JJ., concur.
156-CITE: 722 So.2d 273 James E. SACKETT, Appellant, v. Ernest W. SHAHID, individually, E & M Land
Investors, Ltd.; Margaret P. Shahid, individually; and Shoreline Realty of Destin, Inc., n k a
Shahid, Inc., a Florida corporation, Appellees.
TEXT: VAN NORTWICK, J. James E. Sackett appeals an adverse judgment entered in supplementary
proce...issue as well. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings
consistent with this opinion. JOANOS and WOLF, JJ. concur.
157-CITE: 539 So.2d 3 Bernard HOUSE, d b a the Trap Lounge, Appellant, v. STATE of Florida, DEPARTMENT
OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellee.
TEXT: PER CURIAM. Bernard House seeks review of an order of the agency that revoked his beverage
l...nded for issuance of an amended order. Appellant s motion to modify stay pending appeal is
denied. SMITH, C.J., and ERVIN and NIMMONS, JJ., concur.
158-CITE: 500 So.2d 722 TAYLOR BUILDING PRODUCTS, a d o Garland Manufacturing Company, Appellant, v.
Fred HENEFELD and Eileen Henefeld, d b a H & K Garage Doors, Inc., Appellees.
TEXT: CAMPBELL, Judge This appeal poses the question of whether a withdrawing partner remains
liab...siness with. There is substantial evidence in the record to support the finding of the trial
judge. Affirmed. RYDER, A.C.J., and HALL, J., concur.
159-CITE: 586 So.2d 508 Dan Charles PETTICREW, Appellant, v. Bonnie L. PETTICREW, Appellee.
TEXT: ANTOON, J., Associate Judge. Dan Charles Petticrew appeals the trial court s final judgment
...ances justifying the lump sum award. REVERSED and REMANDED for further proceedings consistent
with this opinion. COWART and PETERSON, JJ., concur.
160-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.
161-CITE: 715 So.2d 297 AGRICULTURAL LAND SERVICES, INC., v. STATE of Florida, DEPARTMENT OF
TRANSPORTATION, Appellee.
TEXT: PER CURIAM. Appellant, Agricultural Land Services (ALS), appeals a final order issued by
the...h decisions, and ALS did not challenge the validity of this provision below. AFFIRMED. ERVIN
and BOOTH JJ., concur. BENTON J., concurs in result.
162-CITE: 702 So.2d 1352 LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, Appellant, v. DEPARTMENT OF
ENVIRONMENTAL PROTECTION and Pinellas County, Appellees.
TEXT: KAHN, Judge. Appellant, Legal Environmental Assistance Foundation (LEAF), appeals an order
e... conferring on foreign corporations qualifying to do business the same rights and privileges
domestic corporations enjoyed. I respectfully dissent.
163-CITE: 481 So.2d 543 SUN STATE ASSOCIATES, LTD., a Florida limited partnership, Appellant, v.
CONTINENTAL ILLINOIS NATIONAL BANK & TRUST COMPANY OF CHICAGO, a National Banking Association, and
Newton Associates, Inc., a Florida corporation, Appellees.
TEXT: GRIMES, Acting Chief Judge. This is an appeal from a nonfinal order denying appellant s
noti...e statute). Likewise, the complaint is devoid of any allegation as to the residency of the
general partner. Reversed. SCHEB and HALL, JJ., concur.
164-CITE: 605 So.2d 883 George W. EAGER and Calusa Camp Resort, Appellants, v. FLORIDA KEYS AQUEDUCT
AUTHORITY, Appellee.
TEXT: PER CURIAM. George W. Eager and Calusa Camp Resort appeal the entry of a final order
dismiss...esignated period of time begins to run shall not be included. . . . Five days may be
added to prescribed time limits when service is made by mail.
165-CITE: 537 So.2d 105 THE FLORIDA BAR, Complainant, v. Sandra E. ALLEN, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before us on a complaint of The Florida Bar and
...harge he should not pay the costs of that unsuccessful prosecution even though he is found guilty
of another charge. Hence, I concur in result only.
166-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.
167-CITE: 707 So.2d 1163 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Harold E. HALL,
Appellee.
TEXT: WOLF, Judge. State of Florida, Department of Transportation (department) appeals from a
fina...0. Thirty-three percent of the difference between $20,000 and $147,500 is $42,075, which is
the amount of attorney s fees the court awarded to Hall.
168-CITE: 668 So.2d 221 Rollie L. WEESE and Henry J. Weese, Appellants, v. PINELLAS COUNTY, a political
subdivision of the State of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. Rollie and Henry Weese claim the trial court erred when it
exclud...inellas County. We reverse and remand for a new trial in accordance with this opinion.
Reversed and remanded. ALTENBERND and LAZZARA, JJ., concur.
169-CITE: 695 So.2d 919 EMPIRE INDUSTRIES, INC., Appellant, v. Edwin KAPLAN and Joan Kaplan, as Partners
of Ed Kaplan Associates, a New Jersey General Partnership, Appellees.
TEXT: SHAHOOD, Judge. Empire Industries, Inc. ( Empire ), a toy distributor doing business in
Palm...ation, all of the services were to be performed in Florida, and payment was due in Florida.)
REVERSED AND REMANDED. WARNER and KLEIN, JJ., concur.
170-CITE: 460 So.2d 1026 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellant, v. E.L. ASHBURY, d b a
Eddie s Drive Inn, Appellee.
TEXT: HERSEY, Judge. Appealed is a non-final order enjoining appellant, the Division of Alcoholic
.... 3d DCA 1981) and Contemporary Interiors v. Four Marks, Inc., 384 So.2d 734 (Fla. 4th DCA 1980).
REVERSED. ANSTEAD, C.J., and DOWNEY, J., concur.
171-CITE: 474 So.2d 1289 SOUTH FLORIDA NURSING SERVICES, INC., Appellant, v. PALM BEACH BUSINESS
SERVICES, INC., etc., Appellee.
TEXT: PER CURIAM. Plaintiff, Palm Beach Business Services, Inc., voluntarily dismissed its action
... 1984); and Piper Aircraft Corporation v. Prescott, 445 So.2d 591 (Fla. 1st DCA 1984). Reversed.
HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.
172-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.
173-CITE: 555 So.2d 439 The CITY OF KEY WEST, FLORIDA, a municipal corporation organized and existing
under the laws of the State of Florida, Appellant, v. Michael MARRONE, Jr. and Marc Friedman,
Appellees.
TEXT: PER CURIAM. This is an appeal by the defendant City of Key West from an adverse final
summar...emanded to the trial court with directions to enter a declaratory decree in accord with the
views expressed in this opinion. Reversed and remanded.
174-CITE: 458 So.2d 1204 Denis Stanley ELLIOTT, Appellant, v. Mary Margaret ELLIOTT, Appellee.
TEXT: BARFIELD, Judge. In this dissolution of marriage case, the former husband appeals the trial
...case is AFFIRMED in part, REVERSED in part, and REMANDED for further consideration consistent
with this opinion. JOANOS and WIGGINTON, JJ., concur.
175-CITE: 578 So.2d 905 Arthur CONSOLI, an individual, Baptist Hospital and Health Care Systems, Inc.,
and Life Core, Inc., Appellants, v. ARCHITECTURAL CONCEPTS, INC., Appellee.
TEXT: PER CURIAM. Appellants, nonresident defendants, appeal a nonfinal order denying their
motion...tunity to amend the complaint to allege long-arm jurisdiction over the nonresident
appellants. SCHOONOVER, C.J., and RYDER and PARKER, JJ., concur.
176-CITE: 625 So.2d 1249 POLK COUNTY, a political subdivision of the State of Florida, Appellant
Cross-Appellee, v. Carl R. GROOMS and Donnie J. Grooms, his wife, Appellees Cross-Appellants, and
Fancy Farms, Inc.; Mildred Pauline Beck; A.L. Lindsey a k a Alrich Lindsey and Martha Mae Lindsey,
his wife; First Florida Banks, Inc.; Robert D. Bledsoe and Marcella S. Bledsoe, his wife; Sarah E.
Rice; Federal Land Bank of Columbia, South Carolina; The Hillsboro Sun Bank; Barnett Bank of Tampa,
N.A.; David S. Prosser, Jr.; Ida Bledsoe Johnson Properties, Inc.; Willa J. Stephens; Tampa Electric
Company; and F.D. Weeks, Appellees.
TEXT: PATTERSON, Judge. The parties in this eminent domain case raise numerous issues on appeal
an... testimony as to the value of the land taken nor did it attempt to show an enhanced value of
the property, using the income capitalization approach.
177-CITE: 625 So.2d 883 In the Interest OF J.H., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. We affirm appellant J.H. s delinquency adjudication for trespass on public
sch...invitation to enter or remain upon school property. Cf. T.T. v. State, 506 So.2d 1156 (Fla.
1st DCA 1987). AFFIRMED. JOANOS and WOLF, JJ., concur.
178-CITE: 509 So.2d 957 Barbara H. CLEMENTS, Appellant, v. James H. CLEMENTS, Jr., Appellee.
TEXT: SMITH, Chief Judge. Appellant (wife) seeks to overturn a final judgment of dissolution of
ma...r for ten years without salary for corporation in which husband owned 49% of the stock).
AFFIRMED. NIMMONS, J., concurs. WENTWORTH, J., dissents.
179-CITE: 452 So.2d 1036 ASSOCIATED AIRCRAFT MANUFACTURING AND SALES, INC., Appellant, v. FLIGHT
CONNECTOR CORP., a foreign corporation doing business in Florida, Appellee.
TEXT: PER CURIAM. This cause is before the court on appeal from a circuit court order granting
Fli...DCA 1983), cert. denied, 440 So.2d 353 (Fla.1983). Accordingly, we reverse and remand.
REVERSED AND REMANDED. LETTS, HURLEY and DELL, JJ., concur.
180-CITE: 432 So.2d 75 John L. DIAL and Donna Dial, his wife, and Joan Yell Jones, Appellants, v.
William Bennett YELL, Appellee.
TEXT: HERSEY, Judge. This is a case involving an alleged ambiguity in a contract. We find the
cont...r the entry of these directed verdicts and final judgment in favor of the appellants.
REVERSED AND REMANDED. LETTS, C.J., and WALDEN, JJ., concur.
181-CITE: 541 So.2d 1309 Virgil HICKS d b a Tom s Chevron, Appellant, v. STATE of Florida, DEPARTMENT OF
TRANSPORTATION, Matthew W. Fergan, Jr., et al., Appellees.
TEXT: WARNER, Judge. This is an appeal by a business owner challenging a final judgment denying
hi...gment in favor of the appellant for the full amount of the business damages stipulated to at
the previous trial. LETTS and GLICKSTEIN, JJ., concur.
182-CITE: 583 So.2d 358 CHATEAU DeVILLE CONDOMINIUM ASSOC., INC., Appellant Cross-Appellee, v. Nabil A.
MIKHAIL, Appellee Cross-Appellant.
TEXT: COWART, Judge. This case involves a quorum at a condominium unit owners association
meeting.... and GOSHORN, JJ., concur. ------------ (FN2) The validity vel non of the condominium
declaration amendment was not before the court on this appeal.
183-CITE: 583 So.2d 396 CHARLES WALLACE CO., INC., Appellant, v. ALTERNATIVE COPIER CONCEPTS, INC., a
Florida corporation, and Thomas M. Generalli, individually, Appellees.
TEXT: PER CURIAM. Appellant (FN1) seeks review of an order which dismissed with prejudice its
amen...On appeal, it filed a motion to have Charles Wallace Co., Inc., the real party in interest,
substituted in its stead. This court granted the motion.
184-CITE: 433 So.2d 1334 HERITAGE INSURANCE COMPANY OF AMERICA, an Illinois corporation, Appellant, v.
Frank CILANO, as Trustee of a dissolved corporation known as Best Point Corporation, a Florida
corporation, and Richard Michaud, Appellees.
TEXT: ANSTEAD, Judge. This is an appeal of a final summary judgment declaring that Frank Cilano,
a...al court is reversed with directions that summary judgment be entered for Heritage. BERANEK,
J., and COCALIS, PATRICIA W., Associate Judge, concur.
185-CITE: 473 So.2d 294 Jane Lee H. MANNING, Appellant, v. Maurice Daniel MANNING, Appellee.
TEXT: GRIMES, Acting Chief Judge. The parties entered into an Agreement Incident to Final
Judgment...pon whether or not the wife is entitled to any relief upon her motion. Reversed and
remanded for further proceedings. SCHEB and HALL, JJ., concur.
186-CITE: 603 So.2d 54 NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. Danny J. ARCHER, individually
and Danny J. Archer d b a Dan s Market, Appellee.
TEXT: GRIFFIN, Judge. This is the appeal of a final judgment issued after a non-jury trial.
Appell...ed to idemnification if it pays a debt not owed by the principal, provided the surety pays
in good faith, are thus inapplicable in the present case.
187-CITE: 473 So.2d 12 The 4245 CORPORATION, Appellant, v. The CITY OF OAKLAND PARK, Appellee.
TEXT: PER CURIAM. This is an appeal from a final order permanently enjoining The 4245
Corporation,...l judge s ruling. However, it would serve no purpose for me to list the sordid
details other than to appeal to the prurient reader. I would affirm.
188-CITE: 693 So.2d 676 Robert SIRAVO, Jr., Appellant, v. Roxanne SIRAVO and Carolyn Siravo, Appellees.
TEXT: STONE, Judge. We reverse the final judgment of dissolution and remand for modification of
it... discretion in fashioning the distribution of the marital assets. I would affirm the trial
court. I concur with the majority in all other respects.
189-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.
190-CITE: 549 So.2d 1200 LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. Joshua MILLER, M.D., Appellee.
TEXT: PER CURIAM. Liberty Mutual Insurance Company (Liberty Mutual) appeals a final declaratory
ju...ation and this court concluded that Aetna s policy did not afford such coverage. Aetna Cas. and
Sur. Co. v. Miller, 550 So.2d 29 (Fla. 3d DCA 1989).
191-CITE: 537 So.2d 1030 Mary MEDLOCK, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Medlock appeals a court order finding her guilty of grand theft and imposing
..., 450 So.2d 880 (Fla. 4th DCA 1984). Reversed with directions for the trial court to discharge
Medlock. SCHEB, A.C.J., and THREADGILL, J., concur.
192-CITE: 659 So.2d 1220 Douglas BUCHHEIT, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES, Appellee.
TEXT: STEVENSON, Judge. Douglas Buchheit, a licensed yacht broker, challenges a final order
entere... hearing should have been ordered. REVERSED AND REMANDED. GUNTHER, C.J., and WARNER, J.,
concur. ------------ (FN1) Chapter 326, Florida Statutes.
193-CITE: 437 So.2d 175 DEERFIELD IMPORT-EXPORT, INC., Appellant, v. Virginia F. NEWTON, Appellee.
TEXT: OTT, Chief Judge. This is an appeal from an order denying a motion to abate for improper
ven... direct that this case be transferred to Broward County in accordance with Florida Rule of
Civil Procedure 1.060. BOARDMAN and DANAHY, JJ., concur.
194-CITE: 561 So.2d 1356 LOREDA DEVELOPMENT, INC., d b a Lake Suzy, Appellant, v. DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES Appellee.
TEXT: PER CURIAM. The appellant, Loreda Development, Inc., d b a Lake Suzy, challenges a summary
j...ements from the amended summary judgment. Affirmed in part, reversed in part, and remanded.
RYDER, A.C.J., and SCHOONOVER and PARKER, JJ., concur.
195-CITE: 459 So.2d 422 FLORIDA TIMBER PRODUCTS, the employer, and Professional Administrators, Inc.,
its Servicing Agent, Appellant, v. Felton WILLIAMS, Appellee.
TEXT: THOMPSON, Judge. The appellant Florida Timber Products contends the deputy commissioner
(dep...rrive at the proper average weekly wage. REVERSED and REMANDED for further proceedings
consistent with this opinion. BOOTH and SMITH, JJ., concur.
196-CITE: 457 So.2d 587 WEST FLAGLER ASSOCIATES, LTD., a Florida limited partnership; Biscayne Kennel
Club, Inc., a Florida corporation; et al., Appellants, v. Sandra JACKSON, Appellee.
TEXT: PER CURIAM. The final judgment under review is affirmed upon a holding that the evidence
pre...man v. Seaboard Coast Line Railroad, 349 So.2d 1187, 1189 (Fla.1977); Wells v. Palm Beach
Kennel Club, 160 Fla. 502, 35 So.2d 720 (1948). Affirmed.
197-CITE: 464 So.2d 1183 THE FLORIDA BAR, Petitioner, v. Jomar A. VALDES, Respondent.
TEXT: PER CURIAM. In this unauthorized practice of law proceeding, we have for consideration a
joi...in or otherwise engage in the unauthorized practice of law. It is so ordered. BOYD, C.J.,
and ADKINS, OVERTON, ALDERMAN and McDONALD, JJ., concur.
198-CITE: 615 So.2d 784 STATE of FLORIDA, Appellant, v. Daniel McCARTHY, Appellee.
TEXT: HALL, Judge. The state appeals the order of the trial court declaring section 559.809(1),
Fl...a Statutes (1989), unconstitutional and dismissing count I of the information filed against
McCarthy. CAMPBELL, A.C.J., and SCHOONOVER, J., concur.
199-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.
200-CITE: 667 So.2d 490 INSTITUTO PATRIOTICO Y DOCENTE SAN CARLOS, INC., a Florida corporation not for
profit, Appellant, v. CUBAN AMERICAN NATIONAL FOUNDATION, a Florida corporation not for profit,
Intervenor Appellee, and Alfredo Perez, constituting Instituto Patriotico Y Docente San Carlos, an
unincorporated association, Appellee.
TEXT: GREEN, Judge. Appellant Instituto Patriotico Y Ducente San Carlos, Inc. ( Instituto ),
defen...as well as all factual findings made by the court in support of such directives. Affirmed
in part and remanded with instructions to vacate in part.
201-CITE: 624 So.2d 779 Karen KANTNER, Appellant, v. J. Urban BOUTIN, La Coquille Corporation, et al.,
Appellees.
TEXT: PER CURIAM. This is an appeal from a final judgment in favor of defendant, J. Urban Boutin,
... trier of fact in determining the agreement s meaning and the parties compliance therewith, and I
cannot properly second-guess its final resolution.
202-CITE: 734 So.2d 523 Benjamin BLACKWELDER, Petitioner, v. Gail Marie VEDDER, f k a Gail Marie
Blackwelder, et al., Respondent.
TEXT: PER CURIAM. Petitioner, Benjamin Blackwelder, seeks a writ of habeas corpus to obtain his
re...ncome for petitioner were not deposed remains a mystery. This record does not support a
finding of present ability to pay the $15,000 purge amount.
203-CITE: 652 So.2d 805 AMENDMENTS TO THE ARTICLES OF INCORPORATION OF THE FLORIDA BAR FOUNDATION, INC.
TEXT: PER CURIAM. The Florida Bar Foundation, Inc., petitions this Court for approval of certain
p...ffective Date. Any amendment approved by the Supreme Court of Florida shall be effective upon
filing with the Secretary of State as provided by law.
204-CITE: 661 So.2d 924 Tina Reid Holman WARFIELD, Appellant, v. Edward S. WARFIELD, III, Appellee.
TEXT: WARNER, Judge. In this appeal, the former wife contends that the trial court did not have
ju...er the wife, it was without jurisdiction to entertain a change of her name. Affirmed in part;
reversed in part. PARIENTE and SHAHOOD, JJ., concur.
205-CITE: 678 So.2d 372 PEARL CRUISES, et al., Appellants, v. Belle BESTOR, et al., Appellees.
TEXT: SCHWARTZ, Chief Judge. The plaintiffs-appellees are California citizens who, through their
t...he motion. In sum, the order under review should be affirmed, but without prejudice to the
defendants to file a proper motion under new rule 1.061.
206-CITE: 462 So.2d 599 Herman F. SMITH and Myrtle A. Smith, his wife, Appellants, v. AUTO OWNERS
INSURANCE CO., a foreign corporation authorized to do business in the State of Florida, Appellee.
TEXT: COBB, Chief Judge. The trial court herein granted a summary judgment in favor of a surety,
A...e reverse and remand for further proceedings consistent with this opinion. REVERSED and
REMANDED. DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur.
207-CITE: 743 So.2d 1125 Joy FRIEDRICH, Appellant, v. STATE of Florida, Appellee.
TEXT: GUNTHER, J. The defendant appeals her convictions and sentences for DUI-manslaughter and
DUI... records exception in the present case. Accordingly, we affirm the defendant s convictions and
sentences. AFFIRMED. DELL and HAZOURI, JJ., concur.
208-CITE: 504 So.2d 796 Ray HUSSEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant appeals the conditions of probation and community control and the
orde... from working in the carnival business. The order of restitution is affirmed. DANAHY, C.J.,
LEHAN, J., and BOARDMAN, EDWARD, F., (Ret.) J., concur.
209-CITE: 743 So.2d 1177 LANGAN ENGINEERING AND ENVIRONMENTAL SERVICES, INC., Appellant, v. HARRIS
CONSTRUCTORS, INC., Appellee.
TEXT: PER CURIAM. In this interlocutory appeal, Langan Engineeting and Environmental Services,
Inc...ely requires venue where Langan maintains its Florida offices, that is, Dade County.
Reversed. PATTERSON, C.J., THREADGILL and DAVIS, JJ., Concur.
210-CITE: 642 So.2d 83 BJ OF LEESBURG, INC., etc., Appellant, v. Peter COFFMAN, Appellee.
TEXT: PETERSON, Judge. The appellant, BJ of Leesburg, Inc., appeals the denial of its motion for
a...on for order of contempt and remand for further proceedings consistent with this opinion.
REVERSED; REMANDED. DIAMANTIS and THOMPSON, JJ., concur.
211-CITE: 466 So.2d 435 STATE of Florida, Appellant, v. Larry HERMAN, Appellee.
TEXT: SHARP, Judge. The state appeals from an order granting Herman s motion to dismiss pursuant
t... v. Department of Professional Regulation, 417 So.2d 802 (Fla. 5th DCA 1982). The order
appealed is REVERSED. COBB, C.J., and COWART, J., concur.
212-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.
213-CITE: 440 So.2d 15 FLORIDA BAR OWNERS, INC., Appellant, v. DEPARTMENT OF BUSINESS REGULATION,
DIVISION OF BEVERAGE, Appellee.
TEXT: MILLS, Judge. Florida Bar Owners appeals and the Division of Alcoholic Beverages and
Tobacco... decline to address the constitutional question and affirm the trial court s dismissal of
the petition. AFFIRMED. SHIVERS and ZEHMER, JJ., concur.
214-CITE: 678 So.2d 387 AVIATECA, S.A., formerly known as Empresa Guatemalteca De Aviacion, Petitioner,
v. The Honorable Ronald M. FRIEDMAN, Judge of the Circuit Court of the Eleventh Judicial Circuit in
and for Dade County, Florida, et al., Respondents.
TEXT: PER CURIAM. Aviateca, S.A. [Aviateca] petitions this court for a writ of prohibition to
prev...t one of the four mandatory fora set forth in Article 28 of the Warsaw Convention, we grant
the petition for writ of prohibition. Petition granted.
215-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.
216-CITE: 592 So.2d 316 The STATE of Florida, Appellant, v. Charles A. COMMONS, Appellee.
TEXT: SCHWARTZ, Chief Judge. The state appeals from an order granting a Rule 3.190(c)(4) sworn
mot... and other weapons, ammunition, and supplies for lawful purposes: * * * * * * (n) A
person possessing arms at his home or place of business.
217-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.
218-CITE: 729 So.2d 1006 Kay STARR, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
DIVISION OF REAL ESTATE, Appellee.
TEXT: PER CURIAM. Kay Starr appeals an order of the Department of Business and Professional
Regula...DCA 1998). The order of the DBPR, and the sanction of revocation with leave to reapply,
are, thus, affirmed. POLEN, SHAHOOD and GROSS, JJ., concur.
219-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.
220-CITE: 550 So.2d 1169 Ronald R. ROMANO, Appellant, v. MICHIGAN MILLERS MUTUAL INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. AFFIRMED. In this dispute over coverage under a homeowner s insurance policy,
th...arm Casualty Co. v. Friend, 478 So.2d 1198 (Fla. 4th DCA 1985), rev. denied, 488 So.2d 831
(Fla.1986). ANSTEAD, GLICKSTEIN and WARNER, JJ., concur.
221-CITE: 616 So.2d 545 McCOY RESTAURANTS, INC., d b a Buckets Bar and Grill, Appellant, v. DEPARTMENT
OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellee.
TEXT: ALLEN, Judge. The appellant challenges an administrative order by which the Department of
Bu...uences of such offenses, or the Division s authority under the statutory mandate. The appealed
order is affirmed. ZEHMER and WEBSTER, JJ., concur.
222-CITE: 513 So.2d 157 Odell O. SASNETT, Appellant, v. TAMPA ELECTRIC COMPANY, et al. Appellees.
TEXT: HALL, Judge. In this eminent domain proceeding, Odell O. Sasnett appeals from the final
judg...to the legislature for such relief. Accordingly, we affirm the final judgment. DANAHY,
C.J., and UPCHURCH, FRANK D., JR., Associate Judge, concur.
223-CITE: 523 So.2d 1284 Ann T. FITZ and Donna D. Barner, Appellants, v. SAMUEL FRIEDLAND FAMILY
ENTERPRISES, INC., a Florida corporation, Appellee.
TEXT: PER CURIAM. This is an appeal from a non-final order denying appellants motion to quash
serv...ant s motion to quash is therefore reversed. We remand for further proceedings consistent
with this opinion. ANSTEAD, LETTS and STONE, JJ., concur.
224-CITE: 590 So.2d 1121 BURNUP & SIMS TELCOM, INC., a foreign corporation doing business in Florida,
Appellant, v. Arterly McCRONE and Wanda McCrone, his wife, Appellees.
TEXT: BASKIN, Judge. Burnup & Sims Telcom, Inc., a foreign corporation, appeals an order entered
i...e reverse the order. On remand, the McCrones may elect to litigate the action in either Broward
County or Palm Beach County. Reversed and remanded.
225-CITE: 500 So.2d 1374 Horace WHIGHAM, Appellant Cross-Appellee, v. Wallace W. MUEHL, Helen Muehl, and
Mama s of North Florida, Inc., Appellees Cross-Appellants.
TEXT: JOANOS, Judge. Appellant Horace Whigham (Whigham) appeals from an order of final judgment
in...ty, hence no liability, on the part of Helen Muehl. In all other respects, the order of final
judgment is affirmed. MILLS and SHIVERS, JJ., concur.
226-CITE: 547 So.2d 265 INTERNATIONAL IMAGE MAKERS, INC., Appellant, v. RONALD LEVITT ASSOCIATES, INC.
and Tucker State Bank, Appellees.
TEXT: PER CURIAM. Ronald Levitt Associates, Inc. brought this action for breach of contract
agains...n the allegations of the complaint and the failure of the corporation to raise its defense
until the time of the garnishment proceedings. Affirmed.
227-CITE: 444 So.2d 529 CANRON CORPORATION, a foreign corporation, d b a Tamper, Appellant, v. Thelma
HOLT, as personal representative of the Estate of Melvin E. Holt, deceased, for the use and benefit
of Thelma Holt, surviving spouse, Melving E. Holt, II, a minor, and Alejandro Brown, a minor,
surviving sons, Appellees.
TEXT: PER CURIAM. This appeal is brought by the defendant in a products liability action from an
o...); Lacy v. Force V Corp., 403 So.2d 1050 (Fla. 1st DCA 1981). The order appealed from is
AFFIRMED. BOOTH, LARRY G. SMITH and SHIVERS, JJ., concur.
228-CITE: 633 So.2d 65 GALE PORTER, TEMPORARY HELP, INC., a Florida corporation, Appellant, v. HARTFORD
FIRE INSURANCE COMPANY, and its subsidiaries and affiliates, a Connecticut corporation, authorized
to do business in Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from an order denying a motion to dismiss or to transfer for
i... reverse and remand with instructions to transfer the action to Hillsborough County. REVERSED
AND REMANDED. HERSEY, POLEN and FARMER, JJ., concur.
229-CITE: 738 So.2d 520 Lorraine A. WOODS, Individually and as President of Seafarer Brokerage, Inc.,
Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF FLORIDA LAND SALES,
CONDOMINIUMS, AND MOBILE HOMES, Appellee.
TEXT: PER CURIAM. Lorraine Woods appeals a final order of the Department of Business and
Professio...e find no error in the statutory violation or in the amount of the fine. Affirmed in
part, reversed in part. DELL, SHAHOOD and GROSS, JJ., concur.
230-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.
231-CITE: 583 So.2d 426 Patricia D. HOGAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Patricia D. Hogan has appealed an order of the trial court revoking community
co...he state s failure to prove the alleged violation of Condition (6). Remanded for resentencing.
JOANOS, C.J., and BARFIELD and ZEHMER, JJ., concur.
232-CITE: 464 So.2d 1272 OCALA BREEDER SALES COMPANY, INC., Appellant, v. DIVISION OF PARI-MUTUEL
WAGERING, DEPARTMENT OF BUSINESS REGULATION, Appellee.
TEXT: ZEHMER, Judge. Ocala Breeder Sales Company, Inc., appeals a final order of the Division of
P...ersed, and this case is remanded with instructions that the Division issue such permit.
REVERSED and REMANDED. ERVIN, C.J., and BOOTH, J., concur.
233-CITE: 580 So.2d 881 PINACOTECA CORPORATION, d b a Club 21, Petitioner, v. DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Respondent.
TEXT: PER CURIAM. Petitioner seeks review of an emergency order suspending its alcoholic beverage
...at which proceedings petitioner may introduce evidence to contradict the findings in the
emergency order. GLICKSTEIN, STONE and POLEN, JJ., concur.
234-CITE: 444 So.2d 88 MERCURY MARINE DIVISION OF BRUNSWICK CORPORATION, Appellant, v. BOAT TOWN U.S.A.,
INC., Stephen Grossman and Albert H. Tate, Jr., Appellees.
TEXT: PER CURIAM. Appellant, the Mercury Marine Division of Brunswick Corporation, sued appellees
...ppeal, we fail to find any reversible error. Accordingly, the judgment appealed from is
affirmed. AFFIRMED. DOWNEY, HERSEY and DELL, JJ., concur.
235-CITE: 572 So.2d 28 Larry YEAGER and Josephine Yeager, Appellants, v. JRB DISTRIBUTORS, INC., a
Florida corporation, doing business as Franco-Roma Foods, Appellee.
TEXT: LEHAN, Judge. We affirm the final judgment against appellants. We agree with the trial
court... Josephine Yeager, and Larry Yeager and Josephine Yeager shall go hence without day. . . .
This portion of the final judgment has not been appealed.
236-CITE: 592 So.2d 668 DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,
Petitioner, v. P. Michael RUFF, etc., Respondent.
TEXT: PER CURIAM. The Department of Business Regulation, Division of Alcoholic Beverages and
Tobac...rcuit judge assigned to this cause on remand. It is so ordered. SHAW, C.J. and OVERTON,
McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
237-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.
238-CITE: 469 So.2d 244 FRESH START, INC., d b a Strip Ahoy, Appellant, v. DIVISION OF ALCOHOLIC
BEVERAGES AND TOBACCO, Appellee.
TEXT: PER CURIAM. Appellant asks this court to reverse an order of the Division of Alcoholic
Bever...ordingly, we affirm the Division s order revoking appellant s alcoholic beverage license.
AFFIRMED OTT, A.C.J., and DANAHY and LEHAN, JJ., concur.
239-CITE: 450 So.2d 262 Edwin BORN, etc., Appellant Cross-Appellee, v. Herbert B. GOLDSTEIN, Appellee
Cross-Appellant.
TEXT: FRANK D. UPCHURCH, Jr., Judge. Appellant, Edwin Born, appeals from an amended final
judgment... is REVERSED and this cause is REMANDED for reinstatement of the final judgment based on
the jury s verdict. ORFINGER, C.J., and SHARP, J., concur.
240-CITE: 620 So.2d 212 Ralph SPIVEY, Appellant, v. Edward L. TRADER, Appellee.
TEXT: PER CURIAM. The appellant, Ralph Spivey, is appealing a final summary judgment holding that
... POLEN, JJ., concur. ------------ (FN1) There is evidence in the record that Spivey s business
had several hundred thousand dollars of other assets.
241-CITE: 590 So.2d 1003 Howard BETHEL and Beverly Bethel, Appellants, v. RELIANCE INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. An employer may show a knowing rejection of uninsured motor coverage above the
s...under Ohio law. See Poots v. Motorist Ins. Cos., 38 Ohio App.3d 48, 526 N.E.2d 71 (1986). The
summary judgment entered for the carrier is affirmed.
242-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.
243-CITE: 712 So.2d 850 Joseph L. KLINKER, Appellant, v. Kerry A. KLINKER, Appellee.
TEXT: