State Traffic
Results 1-38372
1-CITE: 685 So.2d 996 Mary WASHINGTON, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Mary Washington, when stopped for a traffic violation, signed a fictitious
na... the statute. Likewise, we hold that the forgery of a traffic citation is a violation of
section 831.01. AFFIRMED. COBB and THOMPSON, JJ., concur.
2-CITE: 458 So.2d 1115 In re FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS.
TEXT: PER CURIAM. Pursuant to a petition from the Traffic Court Review Committee, the Florida
Rule...orcement education assessments shall be collected at the time the offender appears before the
traffic violations bureau to make his or her election.
3-CITE: 748 So.2d 352 Pablo GOMEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the defendant s convictions and sentences for trafficking in cocaine
a...luntarily gave the officer consent to search the car for his registration and insurance card.
Denehy v. State, 400 So.2d 1216 (Fla.1980). Affirmed.
4-CITE: 619 So.2d 1016 Calvin LEE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant, Calvin Lee, appeals his conviction and sentence for conspiracy
to...tson v. State, 426 So.2d 1300 (Fla. 2d DCA 1983). As for the remaining points raised by the
defendant in this appeal, we find that they lack merit.
5-CITE: 737 So.2d 613 1-888-TRAFFIC SCHOOLS, INC., f k a Beach Boulevard and St. John s Bluff Schools,
Inc., a Florida Corporation, Petitioner, v. CHIEF CIRCUIT JUDGE, FOURTH JUDICIAL CIRCUIT, DUVAL
COUNTY, Florida, Respondent.
TEXT: ERVIN, J. In 1-888-Traffic Schools, Inc. v. Chief Circuit Judge, Fourth Judicial Circuit,
71...a.L.Weekly S239, 734 So.2d 413 (Fla.1999). Having considered its merits, we DENY the petition
for writ of certiorari. MINER and KAHN, JJ., CONCUR.
6-CITE: 543 So.2d 347 Harold FINOCCHIARO, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment and sentence. Appellant was charged and
co...ing in cocaine and conspiracy to traffic in cocaine affirmed). The conviction and sentence are
affirmed. AFFIRMED. COWART and DANIEL, JJ., concur.
7-CITE: 565 So.2d 725 STATE of Florida, Appellant, v. Jamie STEMBER, Appellee.
TEXT: POLEN, Judge. The Broward County Court has certified to us in accordance with Florida Rule
o...VE AUTHORITY TO DETAIN AND CITE DRIVERS FOR NONCRIMINAL TRAFFIC INFRACTIONS? AFFIRMED,
QUESTION CERTIFIED. HERSEY, C.J., and GUNTHER, J., concur.
8-CITE: 566 So.2d 605 Derrick DURRANT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was convicted of conspiracy to traffic in cocaine in excess of 400
gra...e which was flour. Accordingly, the conviction of conspiracy to traffic in cocaine must be and
is reversed. DOWNEY, STONE and GARRETT, JJ., concur.
9-CITE: 596 So.2d 1133 CITY OF MIAMI, Appellant, v. Nadine Maria BURLEY, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant City of Miami from a final judgment entered
u...e trial court therefore correctly rejected the City s proposed jury instruction, and the final
judgment under review is, in all respects, Affirmed.
10-CITE: 543 So.2d 218 AMERICAN INSTITUTE OF DEFENSIVE DRIVING, INC., etc., Petitioner, v. TRAFFIC
COURT REVIEW COMMITTEE, etc., Respondent.
TEXT: BARKETT, Justice. The petitioner, American Institute of Defensive Driving, Inc., petitions
t...nd the decision of the chief judge. It is so ordered. OVERTON, GRIMES and KOGAN, JJ., concur.
EHRLICH, C.J., and McDONALD and SHAW, JJ., dissent.
11-CITE: 627 So.2d 132 Jose Angel GARCIA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Jose Angel Garcia appeals from judgments of conviction and sentences for
conspir...encing. In all other respects, the final judgment is affirmed. Affirmed in part, reversed
in part, and remanded for further consistent proceedings.
12-CITE: 514 So.2d 379 Barbara DERRER and Thomas Derrer, her husband, Appellants, v. Linda Russell
PAULK, Georgia Electric Company, Traffic Control Devices, Inc. and Bryant Electric Company, Inc.,
Appellees.
TEXT: PER CURIAM. The final summary judgment entered in favor of the defendant Traffic Control
Dev... not negligent in this case as a matter of law. See Wentz v. Independent Life & Accident Ins.
Co., 254 So.2d 368, 369 (Fla. 3d DCA 1971). Affirmed.
13-CITE: 654 So.2d 291 The STATE of Florida, Appellant, v. Melvin MATHEWS, et al., Appellees.
TEXT: PER CURIAM. In each of these cases, the State of Florida asks this court to review a final
o... U.S. at -- - --, 113 S.Ct. at 2856-69. Accordingly, the cases under review are reversed and
remanded for proceedings consistent with this opinion.
14-CITE: 505 So.2d 670 STATE of Florida, Appellant Cross-Appellee, v. Wladimir NIEMCOW, Appellee
Cross-Appellant.
TEXT: PER CURIAM. The defendant was convicted of attempting to traffic in cocaine greater than
400... with the attempting to traffic in cocaine conviction. Affirmed in part, reversed in part,
and remanded. ORFINGER, SHARP, and COWART, JJ., concur.
15-CITE: 493 So.2d 1121 Diego Alonso CALLE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant s conviction and sentence for trafficking in cocaine and conspiracy
to...tence for conspiracy to traffic in cocaine is reversed and the cause is remanded for
resentencing. Affirmed in part, reversed in part and remanded.
16-CITE: 712 So.2d 851 STATE of Florida, Appellant, v. Steven H. SANDERS, Appellee.
TEXT: PER CURIAM. The state appeals an order suppressing evidence. We affirm. Although the
traffic... 5th DCA 1997); McNeil v. State, 656 So.2d 1320 (Fla. 5th DCA 1995). AFFIRMED. PETERSON
and THOMPSON, JJ., and ORFINGER, M., Senior Judge, concur.
17-CITE: 642 So.2d 846 John RICKMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. John Rickman was tried by jury and convicted of attempted trafficking in
cocaine...manded for resentencing. GLICKSTEIN, GUNTHER and STEVENSON, JJ., concur. ------------
(FN1) Appellee s Concession of Error filed September 1, 1994.
18-CITE: 707 So.2d 769 STATE of Florida, Appellant, v. Keith Garrett SNEAD, Appellee.
TEXT: PATTERSON, Judge. The State appeals from an order suppressing evidence of a firearm and
coca...). Therefore, we reverse the suppression order and remand for further proceedings. Reversed
and remanded. PARKER, C.J., and NORTHCUTT, J., concur.
19-CITE: 621 So.2d 1063 In re AMENDMENTS TO THE FLORIDA RULES OF TRAFFIC COURT.
TEXT: PER CURIAM. In light of the enactment of Chapter 93-246, Laws of Florida, which transfers
th...for the purpose---; such facilities shall be subject to inspection and approval of the Review
Committee.--- Rule 6.156 Review Committee [Repealed]
20-CITE: 680 So.2d 629 STATE of Florida, Appellant, v. Debra NUROCK, Appellee.
TEXT: WARNER, Judge. The trial court granted a motion to suppress physical evidence found in
plain... trial court made a finding that the officer had probable cause to stop the automobile for a
traffic infraction. GLICKSTEIN and GROSS, JJ., concur.
21-CITE: 712 So.2d 787 Michael P. BORSKI, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, Judge. We affirm appellant s convictions for resisting an officer and battery on
...88 Wash.App. 785, 947 P.2d 256 (1997); State v. Webster, 170 Ariz. 372, 824 P.2d 768
(Ct.App.1992). AFFIRMED. STONE, C.J., and FARMER, J., concur.
22-CITE: 534 So.2d 1224 Robert D. OLIVER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Robert D. Oliver, challenges the sentence imposed upon him after
...red. See Shull v. Dugger, 515 So.2d 748 (Fla.1987). Reversed and remanded with instructions.
SCHEB, A.C.J., and RYDER and SCHOONOVER, JJ., concur.
23-CITE: 560 So.2d 354 Howard Ray CUTRELL, Appellant, v. STATE of Florida, Appellee.
TEXT: COWART, Judge. The defendant was convicted of a charge of conspiracy to traffic in cocaine
a...8-4593-ES is affirmed. AFFIRMED in part; REVERSED in part. W. SHARP and GOSHORN, JJ., concur.
------------ (FN1) Section 893.135(1)(b)3, Fla.Stat.
24-CITE: 565 So.2d 714 The STATE of Florida, Appellant, v. Willie Sanders WILLIAMS and Dexter Clayton
Williams, Appellees.
TEXT: PER CURIAM. The state appeals the grant of a motion to suppress cocaine which was seized
aft...t is unnecessary to reach the issue of the passenger s standing status. Reversed and remanded
for further proceedings consistent with this opinion.
25-CITE: 747 So.2d 1007 The STATE of Florida, Appellant, v. Otis GREEN, Appellee.
TEXT: PER CURIAM. The state appeals an order granting the defendant s motion to dismiss and
reduci...h a suspended license and remand with directions to reinstate the charge of unlawful
driving as a habitual traffic offender. REVERSED and REMANDED.
26-CITE: 737 So.2d 1181 Joseph BENDER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Joseph Bender appeals his conviction and sentence for felony driving with a
susp...dence in the record was sufficient to establish probable cause for the instant traffic stop,
we affirm. BOOTH, MINER AND VAN NORTWICK, JJ., CONCUR.
27-CITE: 616 So.2d 59 METROPOLITAN DADE COUNTY, Petitioner Appellant, v. Kelly TRIBBLE, as Personal
Representative of Angelina Tribble, deceased, et al., Respondents Appellees.
TEXT: NESBITT, Judge. Plaintiff, Kelly Tribble, as personal representative of Angelina Tribble,
de...For the foregoing reasons, the adverse judgment against the county and in favor of the claimant
is reversed with directions. Reversed and remanded.
28-CITE: 515 So.2d 322 James H. HISS, as Personal Representative of the Estate of Alexander Y. Hiss,
II, Deceased; James H. Hiss, Individually; Mrs. Micheline B. Hiss, Individually, and as Mother and
Natural Guardian of Jason M. Hiss, a minor, Appellants, v. METROPOLITAN DADE COUNTY, a political
subdivision of the State of Florida, Appellee.
TEXT: DANIEL S. PEARSON, Judge. In this negligence action we reverse a summary judgment entered
in...t there has been no abandonment and that there is a genuine issue of fact as to whether the
County is responsible for the removal of the barricades.
29-CITE: 675 So.2d 988 The STATE of Florida, Petitioner, v. Viviana GONZALEZ, Respondent.
TEXT: PER CURIAM. Rule 6.325, Florida Rules of Traffic Court, was promulgated by the Supreme
Court...by reinstating the case at the trial court level and allowing the State to further prosecute
this case in an appropriate manner consistent herewith.
30-CITE: 436 So.2d 1087 Adriana JARAMILLO, as Personal Representative of the Estate of Julia Jaramillo,
Deceased, and Guillermo Jaramillo, Appellants, v. CITY OF CORAL GABLES, Appellee.
TEXT: PER CURIAM. Dade County, by a master plan adopted under authority of the so-called Home
Rule...ulty or defective traffic control devices. See A.L. Lewis Elementary School v. Metropolitan
Dade County, 376 So.2d 32 (Fla. 3d DCA 1979). Affirmed.
31-CITE: 570 So.2d 1074 Marty Alonzo BLACKMON, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of a judgment of conviction and sentence for
traffi...A 1990). Under these circumstances, the cocaine recovered from appellant s car was not
improperly obtained. Affirmed. MINER and WOLF, JJ., concur.
32-CITE: 675 So.2d 1049 Sharon PETREL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant challenges the trial court s order denying her motion to suppress
evid...ed. WARNER, FARMER and SHAHOOD, JJ., concur. ------------ (FN1) After appellant was stopped,
she was arrested for driving with a suspended license.
33-CITE: 468 So.2d 265 Frank Clay GARDNER, Petitioner, v. STATE of Florida, Respondent.
TEXT: FRANK, Judge. Frank Clay Gardner invoked our certiorari jurisdiction to challenge an order
o...s adequately made aware of the infraction for which he or she will be tried. Petition for
Certiorari denied. SCHEB, A.C.J., and LEHAN, J., concur.
34-CITE: 557 So.2d 941 STATE of Florida, Appellant, v. James TAYLOR, Jr., Appellee.
TEXT: PER CURIAM. The state appeals an order of the circuit court granting appellee James Taylor
s... (defendant not justified in resorting to violence to resist unlawful arrest). Reversed.
FRANK, A.C.J., and THREADGILL and PATTERSON, JJ., concur.
35-CITE: 530 So.2d 495 Juan DEARMAS, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Juan DeArmas appeals from his judgment and sentence for trafficking in
cocaine,...but vacate the appellant s sentence for possession of cocaine and remand for correction
of the judgment. SCHEB, A.C.J., and THREADGILL, J., concur.
36-CITE: 512 So.2d 1106 Freddie SPANN, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. The defendant appeals from a judgment and sentence, entered by the trial
co...idence supports that conclusion. The stop was thus valid and the consent search which followed
was lawful. AFFIRMED. DAUKCH and COBB, JJ., concur.
37-CITE: 546 So.2d 794 Israel CASANA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from an order revoking the defendant Israel Casana s
probation... cocaine; this latter provision is hereby stricken. The adjudication of guilt and
sentence are also affirmed in all respects. Affirmed as modified.
38-CITE: 685 So.2d 1314 James L. KELLY, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. James Kelly filed this petition for writ of certiorari seeking review of a
circu...rder of the circuit court quashed, and remanded with directions consistent with this
opinion. RYDER, A.C.J., and FRANK and ALTENBERND, JJ., concur.
39-CITE: 662 So.2d 1391 STATE of Florida, Appellant, v. Robert HENN, Appellee.
TEXT: PER CURIAM. The county court certified two questions to be of great public importance.
Pursu...is therefore reversed and remanded for proceedings consistent with this opinion. DELL and
STONE, JJ., and KAHN, MARTIN D., Associate Judge, concur.
40-CITE: 589 So.2d 463 Denard Scott FRAZIER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. See Thomas v. State, 583 So.2d 336 (Fla. 5th DCA 1991). *464 COBB
and...urt remain unanswered and because of the equal protection concerns raised herein, I would also
certify the issues in this case to the supreme court.
41-CITE: 515 So.2d 396 William N. VICKERY, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of consecutive mandatory minimum sentences which
we...the cocaine offenses are hereby vacated. The orders appealed are otherwise affirmed and the
cause is remanded. SMITH, C.J., and JOANOS, J., concur.
42-CITE: 537 So.2d 593 Barbara DERRER and Thomas Derrer her husband, Appellants, v. GEORGIA ELECTRIC
COMPANY and Bryant Electric Company, Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiffs Barbara and Thomas Derrer from an adverse
fi...d 1233, 1235 (Fla. 3d DCA 1984), rev. denied, 464 So.2d 554 (Fla.1985); Pope v. Cruise Boat
Co., 380 So.2d 1151, 1153 (Fla. 3d DCA 1980). AFFIRMED.
43-CITE: 754 So.2d 174 Carole E. FOTHERGILL, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, M., Senior Judge. Carole E. Fothergill was charged by information for failure to
s... was not taken into custody, so speedy trial time had not expired when she filed her motion for
discharge. AFFIRMED. COBB and HARRIS, JJ., concur.
44-CITE: 644 So.2d 132 Robert Andrea TAYLOR, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant raises two issues in this appeal of his conviction and sentence for
vi...sult of this stop, we REVERSE and REMAND with directions to discharge appellant. JOANOS and
BENTON, JJ., concur. WOLF, J., concurs in result only.
45-CITE: 506 So.2d 85 Meequised LARAZABAL, Appellant, v. STATE of Florida, Appellee.
TEXT: SANDERLIN, Judge. Appellant was charged with trafficking and conspiracy to traffic in
cocain... Samudio, 460 So.2d 419 (Fla. 2d DCA 1984). Accordingly, appellant s judgments and
sentences are affirmed. CAMPBELL, A.C.J., and HALL, J., concur.
46-CITE: 621 So.2d 736 Roosevelt F. RICHARDSON, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from convictions for delivery of cocaine and conspiracy
to...nt we reverse that conviction and order appellant discharged on that count. AFFIRMED in part;
REVERSED in part. HARRIS and DIAMANTIS, JJ., concur.
47-CITE: 693 So.2d 1009 STATE of Florida, Appellant, v. Oberlin D. HARVEY, Appellee.
TEXT: WARNER, Judge. The state appeals the order of the circuit court dismissing the information
c...ld encourage the appropriate legislative committees to revisit the application of the exception
in section 322.34(1) for habitual traffic offenders.
48-CITE: 523 So.2d 1179 Jose A. ROJAS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Finding no merit in appellant s contention that the evidence was insufficient
to...orrectly cited as a first degree felony, should be corrected to appear as a second degree
felony. We remand for that purpose. Affirmed as modified.
49-CITE: 642 So.2d 675 STATE of Florida, Appellant, v. Deborah BLANKENSHIP, Appellee.
TEXT: STEVENSON, Judge. In this case, the County Court of Palm Beach County certified the
followin...ower court case 92-039655-TC A02, which case number was inadvertently entered on the
lower court s final order. DELL, C.J., and HERSEY, J., concur.
50-CITE: 717 So.2d 200 Bobby Lee SAVIORY, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Saviory argues on appeal that the trial court erred in not suppressing
phys... the traffic stop was lawful. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769,135
L.Ed.2d 89 (1996). AFFIRMED. COBB and GOSHORN, JJ., concur.
51-CITE: 641 So.2d 963 Michael Wayne DALEY, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Michael Wayne Daley appeals his convictions for conspiracy to traffic in
cocaine...a v. State, 446 So.2d 1167 (Fla. 5th DCA 1984). We therefore reduce Daley s conviction on
this count and remand to the trial court for resentencing.
52-CITE: 667 So.2d 939 Corey Antonio PRESTON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Corey Preston challenges the trial court s denial of his motion filed pursuant
t...oresheet are without merit. Affirmed in part, reversed in part, and remanded for resentencing.
RYDER, A.C.J., and QUINCE and WHATLEY, JJ., concur.
53-CITE: 723 So.2d 387 Lorenza COLEMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Lorenza Coleman timely appeals the denial of his dispositive motion to suppress
...al court s order denying Coleman s motion to suppress. Reversed. WHATLEY, A.C.J., and SALCINES,
J., and QUINCE, PEGGY A., Associate Judge, Concur.
54-CITE: 488 So.2d 114 Vernon Tyrone YOUNG, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. Appellant, defendant below, was found guilty after a jury trial of
vehicular...could not have resulted in convictions. Accordingly, appellant s judgment and sentence
is hereby AFFIRMED. BOOTH, C.J., and WIGGINTON, J., concur.
55-CITE: 745 So.2d 1152 Xiang Jun CHENG, Appellant, v. Uthai SIRICHOKE, Appellee.
TEXT: FLETCHER, Judge. Xiang Jun Cheng appeals from a final order granting Uthai Sirichoke s
motio...183 (Fla.1988). Accordingly, we reverse the trial court s order granting summary judgment
in favor of Sirichoke and remand for further proceedings.
56-CITE: 473 So.2d 815 Thomas LOWERY, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Chief Judge. We affirm appellant s convictions of conspiracy to traffic in cocaine
an... first degree felony, we reverse the sentence for resentencing as a second degree felony.
Reversed and remanded. SCHOONOVER and LEHAN, JJ., concur.
57-CITE: 563 So.2d 161 STATE of Florida, Appellant, v. Michael BONSER, a k a, Michael Torgerson,
Appellee.
TEXT: PER CURIAM. The state appeals an order of the circuit court suppressing physical evidence
se...46 So.2d 49 (Fla. 4th DCA), jurisdiction accepted, 550 So.2d 467 (Fla.1989). Reversed.
THREADGILL, A.C.J., and PARKER and ALTENBERND, JJ., concur.
58-CITE: 757 So.2d 582 Donald E. GILCHRIST, Appellant, v. STATE of Florida, Appellee.
TEXT: MINER, J. We have for review a dispositive order by the trial court denying appellant s
moti...ppellant s conviction and REMAND with instructions that he be discharged as to the possession
of cocaine offense. BENTON and BROWNING, JJ., concur.
59-CITE: 614 So.2d 550 Tim BIRGE and Margaret Birge, Appellants, v. CITY OF EAGLE LAKE, Appellee.
TEXT: HALL, Judge. We affirm the summary judgment entered in favor of the City of Eagle Lake in
th...em than it is to determine the type of traffic control devices to be used at intersections. Id.
Affirmed. SCHOONOVER, A.C.J., and BLUE J., concur.
60-CITE: 671 So.2d 161 STATE of Florida, Appellant, v. Harold EVERETT, Appellee.
TEXT: QUINCE, Judge. The state seeks reversal of an order of the trial court granting Harold
Evere...ing the motion is reversed, and this cause is remanded for proceedings consistent with this
opinion. SCHOONOVER, A.C.J., and PATTERSON, J., concur.
61-CITE: 561 So.2d 1265 Ramon PEREZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Ramon Perez, appeals his conviction for conspiracy to traffic in
coca...ieve a defendants testimony or theory of defense, see Perez v. State, 517 So.2d 106 (Fla. 3d
DCA 1987), we affirm appellant s conviction. Affirmed.
62-CITE: 710 So.2d 1378 Ike SCOTT, Appellant, v. STATE of Florida, Appellee.
TEXT: ANTOON, Judge. Ike Scott (defendant) appeals his judgments and sentences which were entered
...2)(a)4; 893.13(6)(a) Fla.Stat. (1995). (FN2) Section 893.147, Fla.Stat. (1995). (FN3) See also
Sections 316.215; 316.222; 316.234, Fla.Stat. (1995).
63-CITE: 577 So.2d 708 Alton BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. The defendant, Alton Brown, pled no contest to possession of
coca...r the stated traffic reason. The stop was pretextual, and Brown s motion should have been
granted. Reversed. CAMPBELL and ALTENBERND, JJ., concur.
64-CITE: 756 So.2d 249 STATE of Florida, Appellant, v. ROBINSON, Appellee.
TEXT: W. SHARP, J. The state appeals from the trial court s order which granted the appellee s
(Ro...ssed above, pursuant to current case law, this argument is no longer legally viable. REVERSED
and REMANDED. ANTOON, C.J., and GRIFFIN, J., concur.
65-CITE: 444 So.2d 1054 Anthony R. BLAKE, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant was convicted of dealing in stolen property contrary to section
...llant s motion for judgment of acquittal. Accordingly, the judgment and sentence of the court is
AFFIRMED. LARRY G. SMITH and NIMMONS, JJ., concur.
66-CITE: 543 So.2d 464 John P. HYNDS and Katherine Hynds, Appellants, v. Deborah D. THOMAS and Matthew
Thomas, Appellees.
TEXT: DANAHY, Judge. This is an appeal from a final summary judgment entered in favor of the
appel...la.1977). The movant here made no such conclusive showing. We, therefore, reverse and remand
for further proceedings. HALL and PARKER, JJ., concur.
67-CITE: 637 So.2d 355 STATE of Florida, Petitioner, v. T. Mitchell DEAN, Respondent.
TEXT: ALLEN, Judge. The state petitioned for discretionary review of an order of the county court
...l is mandated. We answer the certified question in the negative and reverse and remand for
further proceedings. WEBSTER and LAWRENCE, JJ., concur.
68-CITE: 697 So.2d 1244 L.S., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: COPE, Judge. L.S. appeals his adjudication of delinquency of multiple charges. The
dispositi...t., we are obliged to conclude that a well-founded suspicion was not shown, and the
motion to suppress evidence should have been granted. Reversed.
69-CITE: 537 So.2d 655 James Prentest JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. This appeal challenges the constitutional validity of a traffic stop based on
s...pression of evidence produced by that arrest was error, and the judgment and sentence below must
be REVERSED. SHARP, C.J. and DAUKSCH, J., concur.
70-CITE: 750 So.2d 112 Robin DEEL, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, J. Robin Deel appeals the circuit court s refusal to issue a writ of prohibition
t... misdemeanor offenses of DUI and refusal to sign a summons. Section 34.01(1)(a), Fla.Stat.
(1997). AFFIRMED. ANTOON, C.J., and HARRIS, J., concur.
71-CITE: 549 So.2d 1173 Gregory Neal BOATRIGHT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant challenges his convictions and sentences for conspiracy to
traffic...n the appellant s objections. Accordingly, we reverse the sentences and remand for
resentencing. DANAHY, A.C.J., and LEHAN and FRANK, JJ., concur.
72-CITE: 585 So.2d 1146 Sherri REGISTER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from a judgment of conviction and sentence of fifteen years
im... on Count II of the information are reversed. In all other respects the judgment and sentence
are affirmed. DOWNEY, GUNTHER and POLEN, JJ., concur.
73-CITE: 547 So.2d 304 Varlonius WRIGHT and Mary C. Wright, Appellants, v. METROPOLITAN DADE COUNTY,
Appellee.
TEXT: PER CURIAM. Appellants, who were plaintiffs below, appeal an adverse summary judgment in
the... 1233 (Fla. 3d DCA 1984), review denied, 464 So.2d 554 (Fla.1985), is dispositive and affirm
the summary judgment in favor of the county. Affirmed.
74-CITE: 593 So.2d 243 E.H., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Officers of the Orlando Police Department stopped a vehicle containing four
y...rching passengers in vehicles stopped for traffic offenses under the facts of this case.
REVERSED and REMANDED. DAUKSCH and W. SHARP, JJ., concur.
75-CITE: 676 So.2d 70 Mark PIERCE and Doris Denson, Appellants, v. NICHOLSON SUPPLY COMPANY, INC. and
Alberto Salazar, Appellees.
TEXT: QUINCE, Judge. Mark Pierce and Doris Denson appeal from an order of the trial court denying
...ver. See Cloud v. Fallis, 110 So.2d 669 (Fla.1959). We, therefore, reverse and remand for a new
trial. DANAHY, A.C.J., and SCHOONOVER, J., concur.
76-CITE: 572 So.2d 1007 William SHORT, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. William Thomas Short appeals his conviction and sentence for conspiracy to
traff...encing. In all other respects, the final judgment is affirmed. Affirmed in part, reversed
in part, and remanded for further consistent proceedings.
77-CITE: 728 So.2d 1195 James COVINGTON, Appellant, v. STATE of Florida, Appellee.
TEXT: GROSS, J. Appellant James Covington entered a plea of no contest to the charge of
possession...rts it. Caso v. State, 524 So.2d 422, 424 (Fla.1988); Belvin v. State, 585 So.2d 1103
(Fla. 2d DCA 1991). AFFIRMED. DELL and SHAHOOD, JJ., concur.
78-CITE: 477 So.2d 542 In re FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS.
TEXT: PER CURIAM. Pursuant to a petition from the Committee to Implement the 1985 Traffic Court
Pr...held, shall not constitute convictions, but shall involve the collections of assessments
pursuant to section 943.25(4) and (8), Florida Statutes.___
79-CITE: 579 So.2d 335 Neil HUMPHREY, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Neil Humphrey, Jr., appeals the judgment and sentences rendered
again... is, therefore, reversed and this case remanded for resentencing consistent with this
opinion. CAMPBELL, A.C.J., and LEHAN and PARKER, JJ., concur.
80-CITE: 637 So.2d 964 Michael HETTICK, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Judge. Michael Hettick was charged with possession of cocaine (Count I), delivery of
...sked for such an instruction. We do note that, under the facts presented here, if such an
instruction had been requested, it should have been given.
81-CITE: 577 So.2d 715 Irene CAHILL, Appellant, v. CITY OF DAYTONA BEACH, etc., Appellee.
TEXT: W. SHARP, Judge. Cahill appeals from the dismissal of her third amended complaint against
th...e the realm of what was reasonably foreseeable as to justify a dismissal of the complaint.
REVERSED AND REMANDED HARRIS and PETERSON, JJ., concur.
82-CITE: 516 So.2d 87 Hiradia GUTIERREZ, Iris Arango and Armando Arango, her husband, Appellants, v. L.
PLUMBING, INC. and Nathan L. Lerner, Appellees.
TEXT: DANIEL S. PEARSON, Judge. Viewing the evidence and all reasonable inferences therefrom most
...ruling would have resulted in a reinstatement of a jury verdict rather than a remand for a
costly, time-consuming, and wholly unnecessary new trial.
83-CITE: 744 So.2d 1031 Kenneth M. PERRYMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, Judge. Kenneth Perryman pled no contest to two charges of felony driving while
licens... another state similar to a statutory prohibition specified in subsection (1) or subsection
(2) shall be counted as a violation of such prohibition.
84-CITE: 443 So.2d 1072 James Arthur TOWNSLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals his conviction, after trial by jury, of dealing in
stole... order granting appellant s motion for judgment of acquittal on the charge of dealing in
stolen property. LARRY G. SMITH, and NIMMONS, JJ., concur.
85-CITE: 527 So.2d 946 Paul J. CONOVER, et al., Appellants, v. BOARD OF COUNTY COMMISSIONERS OF
METROPOLITAN DADE COUNTY, Appellee.
TEXT: SCHWARTZ, Chief Judge. We agree with the trial court that the allegedly negligent timing of
...ifies the county s decision to depart from the standard creates an issue of fact for a jury. A
summary judgment for the defendant was inappropriate.
86-CITE: 537 So.2d 656 Johnny Franklin CREWS, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Chief Judge. Appellant appeals his judgment and sentences for conspiracy to
traffi...acketeering activity upon which the jury was able to convict appellant on the charge of
racketeering. AFFIRMED. RYDER and SCHOONOVER, JJ., concur.
87-CITE: 748 So.2d 386 G. Calvin BELT, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, J. G. Calvin Belt appeals the denial of his Rule 3.850 motion for post-conviction
...ct an evidentiary hearing to establish that Belt is entitled to no relief. REVERSED AND REMANDED
with instructions. COBB and GRIFFIN, JJ., concur.
88-CITE: 695 So.2d 861 Joe JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Chief Judge. The appellant, Joe Johnson, challenges his judgments and sentences
...sentencing. We affirm in all other respects. Affirmed in part, reversed in part, and remanded
for resentencing. QUINCE and NORTHCUTT, JJ., concur.
89-CITE: 657 So.2d 1 Charlie McCRAY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Charlie McCray appeals his conviction of possession of cocaine. He contends the
...dered moot by our resolution of the suppression issue. Reversed and remanded with directions.
FRANK, C.J., and PATTERSON and LAZZARA, JJ., Concur.
90-CITE: 585 So.2d 1061 AMELIA ISLAND COMPANY, a Florida Corporation; Amelia Island Plantation
Community Association, a Florida corporation; Amelia Island Surf and Racquet Club Association, Inc.,
a Florida corporation; The Ritz-Carlton Hotel Company, a Georgia corporation; Summertel Associates,
a Georgia Limited Partnership, a Georgia limited partnership; Georgia AI Resort Limited Partnership,
a Georgia limited partnership; Summer Beach Resort and Country Club, a Florida partnership; Summer
Beach, Ltd., a Florida partnership; Summer Beach I Community Association, a Florida corporation;
Summer Beach II Community Association, a Florida corporation; and Summer Beach Two, a Florida
partnership, Appellants, v. NASSAU COUNTY, Florida and Laurie Ellis, Appellees.
TEXT: WENTWORTH, Judge. Appellants, owners of hotels along Amelia Island Beach, challenge a
circui...ment is affirmed in part, reversed in part, and remanded for entry of judgment in
conformity with this opinion. JOANOS, C.J., and WOLF, J., concur.
91-CITE: 709 So.2d 158 Ismael Berrios PEREZ, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Chief Judge. Appellant, Ismael Berrios Perez [ Perez ], appeals his convictions of
...-------- (FN1) He was also convicted of two counts of delivery of heroin and two counts of
possession of heroin, which are not challenged on appeal.
92-CITE: 723 So.2d 871 Bobby T. GOLDEN, Appellant, v. Burnice TIPTON, Appellee.
TEXT: WEBSTER, J. These two consolidated appeals arise out of an action seeking damages for
person... result of the collision. This holding moots the issues raised by Tipton. REVERSED and
REMANDED, with directions. ALLEN and LAWRENCE, JJ., CONCUR.
93-CITE: 638 So.2d 625 Ellen SCHWARTZ and O.M., Schwartz, her husband, Appellants, v. MIAMI HEAT
LIMITED PARTNERSHIP, a Florida Limited Partnership, Florida Basketball Associates, Inc., a Florida
corp., Leisure Management Miami, Inc., a Delaware corp., Miami Sports and Exhibition Authority, and
Diana Jackson, Appellees.
TEXT: PER CURIAM. Affirmed. Dean v. Rouillier, 597 So.2d 961 (Fla. 5th DCA), review denied, 606
So...do so. As pled, the amended complaint only alleges police negligence in the routing of traffic,
which, under Dean, is not attributable to appellees.
94-CITE: 470 So.2d 848 BOSKIND DEVELOPMENT, INC., Appellant, v. CITY OF MELBOURNE, Appellee.
TEXT: PER CURIAM. This is a rezoning case. As compared to the traffic generated by a school,
court...nd more restrictive than that permitting professional offices and services (C-1A). REVERSED
AND REMANDED. ORFINGER, SHARP and COWART, JJ., concur.
95-CITE: 452 So.2d 971 Stewart REID, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. Reid was convicted of operating a motor vehicle while intoxicated and
causing.... Finding no merit in Reid s other contentions, we affirm the judgment and sentence
appealed from. AFFIRMED. ANSTEAD, C.J., and DELL, J., concur.
96-CITE: 621 So.2d 741 CITY OF HOLLY HILL, Appellant, v. DEPARTMENT OF TRANSPORTATION, State of
Florida, Appellee.
TEXT: PER CURIAM. Appellant City of Holly Hill (the City) appeals the order of appellee
Department...der the establishment of a pedestrian-only crossing. REVERSED and REMANDED. HARRIS
and DIAMANTIS, JJ., and STROKER, R.J., Associate Judge, concur.
97-CITE: 493 So.2d 1091 Joseph LINDER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is a timely appeal from a judgment and sentence for violation of section
89...t over 20 grams and resentence appellant. AFFIRMED IN PART; REVERSED IN PART; and remanded
with directions. DOWNEY, LETTS, and STONE, JJ., concur.
98-CITE: 532 So.2d 1361 Patrick A. STAFFORD, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of a judgment of conviction and sentence for the
of...). The evidence was thus lawfully obtained, *1363 and appellant s motion to suppress was
properly denied. AFFIRMED. ERVIN and ZEHMER, JJ., concur.
99-CITE: 603 So.2d 658 Andrew ALEXANDER, Appellant, v. The STATE of Florida, Appellee.
TEXT: GERSTEN, Judge. Appellant, Andrew Alexander, appeals his conviction for trafficking in
cocai...So.2d 1074 (Fla.1984). We find sufficient record evidence to support the trial court s
findings. Thus, we affirm appellant s conviction. Affirmed.
100-CITE: 468 So.2d 993 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, Petitioner, v.
William H. MECK, Respondent.
TEXT: FRANK D. UPCHURCH, Jr., Judge. The State of Florida, Department of Highway Safety and Motor
...usia Hospital Corp. v. National Union of Hospital Employees, 429 So.2d 1232 (Fla. 5th DCA 1983).
Writ DENIED. COBB, C.J., and DAUKSCH, J., concur.
101-CITE: 662 So.2d 1327 Vincent VASTA, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Chief Judge. Vincent Vasta pleaded no contest to possession of cannabis,
reservi... 1994). Accordingly, we affirm in part, reverse in part, and remand for another hearing
on the issue of consent. CAMPBELL and QUINCE, JJ., concur.
102-CITE: 528 So.2d 547 Daryl DATE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant appeals his conviction for possession of cannabis and conspiracy
t...ly to him in the appeal of a codefendant, see Rojas v. State, 523 So.2d 1179 (Fla. 3d DCA 1988).
As modified, defendant s convictions are affirmed.
103-CITE: 737 So.2d 584 STATE of Florida, Appellant, v. Matthew W. WITCHER, Appellee.
TEXT: PER CURIAM. The state appeals an order dismissing the defendant Witcher s felony offenses
of...ded information is therefore AFFIRMED. ERVIN, VAN NORTWICK and BROWNING, JJ., CONCUR.
------------ (FN3) See Fla. Std. Jury Instr. (Crim.) p. 367.
104-CITE: 694 So.2d 131 STATE of Florida, Appellant, v. Christopher GIRARD, Appellee.
TEXT: PETERSON, Chief Judge. The state appeals an order suppressing evidence of crack cocaine
foun...everse the order granting Girard s motion to suppress and remand for further proceedings.
REVERSED AND REMANDED. HARRIS and THOMPSON, JJ., concur.
105-CITE: 491 So.2d 1292 Vernon D. COLEMAN and Monte Moniz, Appellants, v. STATE of Florida, Appellee.
TEXT: SCHEB, Judge. A jury found defendants Vernon Coleman and Monte Moniz guilty of trafficking
a...burden. Accordingly, we affirm defendants convictions but reverse the sentences and remand for
resentencing. DANAHY, C.J., and GRIMES, J., concur.
106-CITE: 538 So.2d 1278 Carlos R. PORCHER, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order denying suppression of evidence. Appellant
w...olation of the mandate set forth in Kehoe v. State, 521 So.2d 1094 (Fla.1988). The state simply
failed to prove a valid basis to stop Porcher s car.
107-CITE: 614 So.2d 4 M.C., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: FERGUSON, Judge. After leaving an afternoon football game, M.C. and friends came upon a
rail... obstructing the flow of traffic, the juvenile s conduct in manually assisting the *5 device
s ordinary function was not an interference. Reversed.
108-CITE: 566 So.2d 911 Thomas D. YOUNG, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Thomas D. Young, challenges the judgments and sentences entered *912
...llant may be resentenced with a properly prepared scoresheet. We affirm in all other respects.
SCHOONOVER, C.J., and DANAHY and FRANK, JJ., concur.
109-CITE: 442 So.2d 240 STATE of Florida, Petitioner, v. Oliver Cornelius WILLIAMS, Respondent.
TEXT: DAUKSCH, Judge. This case is before us for a very limited review, by certiorari, of a
pre-tr...us we quash the order and remand this matter to the trial court for further proceedings.
Writ GRANTED; order QUASHED. COBB and SHARP, JJ., concur.
110-CITE: 469 So.2d 812 STATE of Florida, Appellant, v. Roberto I. RAPHAEL, Appellee.
TEXT: RYDER, Chief Judge. Roberto I. Raphael, pursuant to a negotiated plea agreement, pleaded
gui... to all counts. Reversed, judgments and sentences set aside and remanded with instructions
for further proceedings. DANAHY and LEHAN, JJ., concur.
111-CITE: 561 So.2d 1194 George GARCIA, et al., Appellants, v. METROPOLITAN DADE COUNTY, and Dade County
School Board, Appellees.
TEXT: PER CURIAM. We affirm the final summary judgments in favor of Metropolitan Dade County and
D.... Finding our decision on this issue dispositive of our resolution of the case, we decline to
address the other issues raised on appeal. Affirmed.
112-CITE: 578 So.2d 850 William Paul ROLLINS, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, William Rollins, convicted of possession of
cocaine...officer had cause to stop the vehicle based on a reasonable belief that he had observed a
traffic violation. THREADGILL and PATTERSON, JJ., concur.
113-CITE: 646 So.2d 752 Roy WEBSTER, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Acting Chief Judge. The appellant, Roy Webster, challenges his convictions for
traffic...ment and sentence as to his trafficking conviction are otherwise affirmed. Reversed in
part; affirmed in part. PATTERSON and LAZZARA, JJ., concur.
114-CITE: 596 So.2d 113 Xavier Smith JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant appeals from his judgment of conviction and sentence for
possessio...f the motion to suppress is dispositive of the cause, we direct that the trial court
discharge the appellant. SMITH, ZEHMER and ALLEN, JJ., concur.
115-CITE: 529 So.2d 1200 STATE of Florida, Petitioner, v. Kevin B. HANCOCK, Respondent.
TEXT: ON PETITION FOR WRIT OF CERTIORARI DANIEL, Judge. On November 14, 1986, respondent Hancock
...the petition for writ of certiorari is granted and the circuit court opinion is hereby quashed.
WRIT ISSUED. SHARP, C.J., and DAUKSCH, J., concur.
116-CITE: 634 So.2d 173 Luis QUINONEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Luis Quinonez appeals his convictions for conspiracy to traffic in cocaine of
40...irect the trial court to strike condition of probation (6). The trafficking charge is affirmed.
RYDER, A.C.J., and PARKER and LAZZARA, JJ., concur.
117-CITE: 662 So.2d 1293 Jesus Torre GARCIA, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Judge. Mr. Garcia pleaded no contest to possession of marijuana, reserving his right
... a result of the stop must be suppressed. Reversed and remanded with directions to discharge Mr.
Garcia. THREADGILL, C.J., and FULMER, J., concur.
118-CITE: 583 So.2d 1105 Randy Scott DeGROAT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant appeals the denial of a motion to suppress claiming a law
enforcem... relating to *1106 the stop and seizure come to this court with a presumption of
correctness. AFFIRMED. SHARP, W., COWART and HARRIS, JJ., concur.
119-CITE: 551 So.2d 613 STATE of Florida, DEPARTMENT OF TRANSPORTATION, and Palm Beach County, etc.,
Appellants, v. Loretta KONNEY, Personal Representative of the Estate of Douglas M. Konney, deceased,
R. Edward Campbell, Administrator Ad Litem for the Estate of *614 Douglas M. Konney, deceased,
Douglas D. Funk, Personal Representative of the Estate of George Robert Funk, deceased, Appellees.
TEXT: ON REHEARING GARRETT, Judge. We grant the motion for rehearing filed by appellant State of
... sovereign immunity. See Kaisner v. Kolb, 543 So.2d 732 (Fla.1989). POLEN, J., concurs. DOWNEY,
J., concurs as to conclusion only without opinion.
120-CITE: 557 So.2d 666 STATE of Florida, Appellant, v. Larry Earl RUSSELL, Appellee.
TEXT: PARKER, Judge. The State of Florida appeals the trial court s order which granted a motion
t...on for drugs provides probable cause for arrest or to search. Denton v. State, 524 So.2d 495
(Fla. 2d DCA), review denied, 534 So.2d 398 (Fla.1988).
121-CITE: 588 So.2d 1007 Horace IVORY, et al., Petitioners, v. STATE of Florida, Respondent.
TEXT: GRIFFIN, Judge. Petitioners Horace Ivory and Joseph Buswell seek review by certiorari of an
...S.E.2d 295 (Ct.App.1986), cert. vacated, 256 Ga. 674, 353 S.E.2d 911 (Ga.1987) (traffic citation
issued and filed with clerk commenced prosecution).
122-CITE: 470 So.2d 750 Rolando BARRERA and Luisa Barrera, Appellants, v. STATE of Florida, DEPARTMENT
OF TRANSPORTATION, Appellee.
TEXT: HENDRY, Judge. Plaintiffs Rolando and Luisa Barrera appeal a final summary judgment in
favor...was readily apparent to persons who could be injured by it. For the foregoing reasons, the
summary judgment in favor of DOT is affirmed. Affirmed.
123-CITE: 438 So.2d 112 Nathaniel HIGGS and Dolores Higgs, his wife, Appellants, v. HOLLAND PAVING
COMPANY and Employers Insurance of Wausau, Appellees.
TEXT: PER CURIAM. Holland Paving Company, under a contract with the City of Miami, was
responsible...Accordingly, the summary judgment for Holland is reversed and the cause remanded to
the trial court for further proceedings. Reversed and remanded.
124-CITE: 458 So.2d 870 Dorothea CONRAN, Appellant, v. Irene K. YOUNG, Insurance Company of North
America, City of Oakland Park and Broward County, et al., Appellees.
TEXT: DELL, Judge. Dorothea Conran appeals from summary final judgments granted in favor of the
Ci...ident. Thus we affirm the summary judgment in favor of the City. AFFIRMED IN PART; REVERSED IN
PART and REMANDED. DOWNEY and BARKETT, JJ., concur.
125-CITE: 528 So.2d 40 Marilyn M. SHAUF, etc., Appellant, v. CITY OF DAYTONA BEACH SHORES, etc., et al.,
Appellees.
TEXT: PER CURIAM. AFFIRMED. DAUKSCH, J., concurs. COBB, J., concurs specially with opinion.
COW...f the vehicular traffic on the beach; this is the specific duty of the city, which was the
point in Ralph. The summary judgment should be reversed.
126-CITE: 533 So.2d 321 James Sidney CLEMONS, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The issue is whether the defendant below, James Sidney Clemons, was entitled
to...and remand for rehearing in light of the controlling legal principles enunciated in Kehoe.
REVERSED AND REMANDED. DAUKSCH and DANIEL, JJ., concur.
127-CITE: 667 So.2d 188 In re AMENDMENTS TO FLORIDA RULES OF TRAFFIC COURT, RULES 6.325 and 6.630.
TEXT: PER CURIAM. The Traffic Court Rules Committee of the Florida Bar petitions this Court to
app...fficers magistrates can hear and rule upon motions, such as continuance motions, and otherwise
handle normal motion practice in infraction cases.___
128-CITE: 543 So.2d 431 Carl NOAH, Cindy Noah, Charles Freeman and Suzanne Freeman, Appellants, v. John
THRELKELD, Appellee.
TEXT: CAMPBELL, Chief Judge This appeal involves the issue of the adequacy of the jury s verdict
o...7 (Fla. 2d DCA 1980). Reversed and remanded for a new trial for all appellants solely on this
issue of damages. RYDER and ALTENBERND, JJ., concur.
129-CITE: 719 So.2d 1259 1-888-TRAFFIC SCHOOLS, INC., f k a Beach Boulevard and St. John s Bluff
Schools, Inc., a Florida Corporation, Petitioner, v. CHIEF CIRCUIT JUDGE, FOURTH JUDICIAL CIRCUIT,
DUVAL COUNTY, Florida, Respondent.
TEXT: ON MOTION TO TRANSFER ERVIN, Judge. The original opinion filed on September 29, 1998, is
wi... to transfer, and transfer this petition to the Florida Supreme Court. The petition for writ of
certiorari is DENIED. MINER and KAHN, JJ., concur.
130-CITE: 435 So.2d 865 Howard HERRING, Appellant, v. The STATE of Florida, Appellee.
TEXT: JORGENSON, Judge. Howard Herring was charged in a multicount information and found guilty
by...ed to vacate the conviction and sentence entered upon Count VI of the information. Affirmed in
part, reversed in part and remanded with directions.
131-CITE: 559 So.2d 84 C. W. WHITFIELD, Appellant, v. The STATE of Florida, Appellee.
TEXT: FERGUSON, Judge. C.W. Whitfield appeals a conviction and sentence for trafficking in
cocaine...s a pretext for a vehicle search which violated fourth amendment proscriptions. Reversed
and remanded with instructions to discharge the defendant.
132-CITE: 529 So.2d 807 Joseph L. RAMOS, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. In this appeal, Ramos challenges his convictions and sentences for
possession...ossession or delivery conviction and sentence in a manner consistent with the views
expressed in this opinion. SCHEB, A.C.J., and HALL, J., concur.
133-CITE: 563 So.2d 728 The STATE of Florida, Appellant, v. Douglas CARTER, Appellee.
TEXT: PER CURIAM. Appellee, Douglas Carter, was charged with driving under the influence in
violat...d purpose. Accordingly, we grant certiorari, quash the order under review, and remand the
case for further proceedings consistent with this opinion.
134-CITE: 486 So.2d 36 Anthony J. JIMENEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Judge. The appellant, Anthony J. Jimenez, appeals from the trial court s judgment
and...ptive range. See Edwards v. State, 482 So.2d 553 (Fla. 2d DCA 1986). CAMPBELL, A.C.J., and
HALL, J., concur. ------------ (FN1) Section 893.135(3).
135-CITE: 744 So.2d 595 STATE of Florida, Appellant, v. Guy Edward CHANEY, Jr., Appellee.
TEXT: NORTHCUTT, Judge. The State challenges the circuit court s decision to suppress drugs
discov...s these issues. See State v. Baldwin, 686 So.2d 682, 687 (Fla. 1st DCA 1996). Reversed and
remanded. THREADGILL, A.C.J., and STRINGER, J., Concur.
136-CITE: 488 So.2d 624 Orlando PISEGNA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Orlando Pisegna appeals form a judgment finding him guilty of conspiracy to
traf...count of trafficking in cocaine. But see Chestnut v. State, 452 So.2d 1125 (Fla. 3d DCA
1984). REVERSED. DOWNEY, ANSTEAD and GUNTHER, JJ., concur.
137-CITE: 502 So.2d 1287 BOCA AVIATION, INC., Florida Airmotive of Boca Raton, Inc., Florida Atlantic
University and Board of Regents, Appellants, v. Michelle FAMIGLIETTI, et al., Appellees.
TEXT: LETTS, Judge. The pertinent question is whether a small general aviation airport is
negligen...is cause is reversed and remanded for the entry of a judgment in compliance herewith.
REVERSED AND REMANDED. HERSEY, C.J., and DOWNEY, J., concur.
138-CITE: 533 So.2d 311 Oretelio DeJesus FUENTES, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Judge. Appellant was convicted and sentenced for trafficking in cocaine, delivery of
..., delivery and possession and recalculate the sentence for the remaining conviction. REVERSED
AND REMANDED. SCHEB, A.C.J., and PARKER, J., concur.
139-CITE: 479 So.2d 153 Stuart Worthington IRWIN, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Stuart Irwin appeals his conviction for conspiracy to traffic in cocaine. We
re... we reverse appellant s sentence and remand for resentencing. We affirm the conviction in all
other aspects. RYDER, C.J., and CAMPBELL, J., concur.
140-CITE: 549 So.2d 761 The STATE of Florida, Appellant, v. Richard PARSONS, Appellee.
TEXT: SCHWARTZ, Chief Judge. Based on the following order, which ably and comprehensively
discusse...ssuing the citation. Authority of Marine Patrol Officers to Issue Traffic Citations, Op.
Gen. Counsel at 2 (Dept. Natural Resources Nov. 29, 1988).
141-CITE: 635 So.2d 128 Raymond LEE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks review of a trial court order denying a motion to suppress an
ou... denying appellant s motion to suppress. Finding no error in the suppression order, the
adjudications of guilt be and they are affirmed. Affirmed.
142-CITE: 597 So.2d 961 Charles S. DEAN, Appellant, v. Maurice R. ROUILLIER, et al., Appellees.
TEXT: GOSHORN, Chief Judge. Sheriff Charles Dean, a co-defendant in a negligence action brought
by...der the direct supervision of a full-time or part-time law enforcement officer, has the
authority to arrest and perform law enforcement functions.
143-CITE: 614 So.2d 24 Ulysses DRAKE, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. The appellant challenges his sentences for trafficking in cocaine and
con...concurrent minimum mandatory terms. The appellant does not need to be present. Reversed and
remanded. CAMPBELL, A.C.J., and PATTERSON, J., concur.
144-CITE: 732 So.2d 1127 Melissa ROBERTS, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We deny this petition for certiorari seeking review of the final order of the
ci...a partrolman to determine the reason for its unusual operation. ) Therefore, the petition is
denied. STONE, C.J., WARNER and HAZOURI, JJ., concur.
145-CITE: 596 So.2d 773 STATE of Florida, Appellant, v. Eric D. BENTLEY, Appellee.
TEXT: PATTERSON, Judge. The state appeals the order granting Eric D. Bentley s motion to suppress
...tempting to enforce the traffic laws of Florida in the normal course of their duties. Reversed
and remanded. LEHAN, A.C.J., and FRANK, J., concur.
146-CITE: 753 So.2d 695 Angel CARABALLO, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, J. Appellant was convicted of possession of cocaine and drug paraphernalia and
argues...s lawfully arrested. We find no abuse of discretion. McNamara v. State, 357 So.2d 410
(Fla.1978). Affirmed. WARNER, C.J., and GUNTHER, J., concur.
147-CITE: 505 So.2d 617 John W. FOWLER, as Guardian of the Person and Property of Jose Luis Macedo
Torres, Incompetent, Appellant, v. GENERAL HOTEL & RESTAURANT SUPPLY CORP., a Florida corporation,
and Michael St. Louis, Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiff from a final judgment entered upon an
adverse... 35 (Fla.1951); Wilson v. Redding, 145 So.2d 252, 253 (Fla. 2d DCA 1962). The final
judgment under review is, therefore, in all respects Affirmed.
148-CITE: 483 So.2d 500 The STATE of Florida, Appellant, v. Ray Donald OGBURN, Appellee.
TEXT: PER CURIAM. This is a state appeal from an order of the trial court granting Donald Ogburn
s...he order of suppression is accordingly reversed, and this cause is remanded for further
proceedings. Reversed and remanded for further proceedings.
149-CITE: 691 So.2d 637 STATE of Florida, Appellant, v. Joshua Ray BROWN, James Green and Clay Novick,
Appellee.
TEXT: HARRIS, Judge. Following an alert by a drug dog, a vehicle being driven by Joshua Brown was
...d not unnecessarily extend the *639 traffic stop and the evidence should not be suppressed on
that basis. REVERSED. DAUKSCH and COBB, JJ., concur.
150-CITE: 755 So.2d 808 Byron Antonio TRICE, Appellant, v. The STATE of Florida, Appellee.
TEXT: FLETCHER, Judge. Byron Antonio Trice appeals from his conviction for trafficking in cocaine
...41 N.Y.S.2d 49, 423 N.E.2d 807 (1981); State v. Walker, 159 Ariz. 506, 768 P.2d 668 (App.1989);
State v. Young, 249 Neb. 539, 544 N.W.2d 808 (1996).
151-CITE: 730 So.2d 320 David Homer HUDSON, Petitioner, v. STATE of Florida and Harry K. Singletary,
Jr., Secretary, Florida Department of Corrections, Respondents.
TEXT: PER CURIAM. David Homer Hudson petitions this court for a writ of habeas corpus, contending
...ams *322 of cocaine and re-sentencing as appropriate in light of the amended convictions.
PETITION GRANTED. JOANOS, KAHN and WEBSTER, JJ., concur.
152-CITE: 647 So.2d 810 STATE of Florida, Petitioner, v. Calvin LEE, Respondent.
TEXT: SHAW, Justice. We have for review Lee v. State, 619 So.2d 1016 (Fla. 3d DCA 1993), based on
...777.04, which provides that conspiracy to commit a particular crime shall be punished at a level
lower than the punishment for the underlying crime.
153-CITE: 752 So.2d 114 STATE of Florida, Appellant, v. Roy Edward CHAMBLISS, Appellee.
TEXT: GRIFFIN, J. The state appeals an order suppressing evidence obtained during a traffic stop.
...uppressed. We accordingly reverse and remand for further proceedings. REVERSED and REMANDED.
THOMPSON, J., and ORFINGER, M., Senior Judge, concur.
154-CITE: 482 So.2d 597 Nestor A. SAMUDIO, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Judge. Appellant, Nestor Samudio, seeks review of a final judgment and
sentences...e affirm the judgment and sentences in all other respects. Affirmed in part, reversed
in part, and remanded. GRIMES, A.C.J., and HALL, J., concur.
155-CITE: 669 So.2d 1054 Jorge L. CONTRERAS and Celina Contreras, and Metropolitan Dade County,
Appellants, v. Lila MUNOZ, as personal representative of the Estate of Leonel Sanchez, a deceased
minor, and Lila Munoz, individually, Appellees.
TEXT: PER CURIAM. We find that the trial court properly denied the defendants , Metropolitan Dade
...dants, and the trial court properly denied their motions for directed verdict. The defendants
remaining points lack merit. Accordingly, we affirm.
156-CITE: 625 So.2d 1261 STATE of Florida, Appellant, v. Todd RILEY, Appellee.
TEXT: COBB, Judge. The state appeals an order of suppression based upon the trial court s finding
...safe to do so and proper turn signals are given. (Emphasis added.) Ch. 83-68, S.B. 274, Senate
Staff Analysis and Economic Impact Statement (1983).
157-CITE: 562 So.2d 783 Jorge Ivan ALVAREZ-BOTERO, Appellant, v. STATE of Florida, Appellee.
TEXT: COWART, Judge. The defendant was convicted of racketeering (Section 895.02(1), Fla. Stat.),
...f case number 88-260F. AFFIRMED in part; REVERSED in part. W. SHARP and GRIFFIN, JJ., concur.
------------ (FN1) Section 893.135(1)(b)3, Fla.Stat.
158-CITE: 592 So.2d 737 John WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Chief Judge. A jury found appellant guilty as charged of the offenses of conspiracy
...ant s conviction of trafficking in cocaine is reversed, and the cause is remanded for
resentencing. ERVIN, J., and WENTWORTH, Senior Judge, concur.
159-CITE: 757 So.2d 612 Faye Levine EMMER and Norman Emmer, Appellants, v. Marta PEREZ, Dariel Perez,
and Marta Perez, as legal guardian of Dariel Perez, Appellees.
TEXT: GREEN, J. Appellants were the defendants in an action filed by the appellees for injuries
*6... given to her by a non-law enforcement motorist under these factual circumstances. For these
reasons, we affirm the orders under review. Affirmed.
160-CITE: 441 So.2d 181 STATE of Florida, Appellant, v. Joseph WILLIAMS and James Bruce, Appellees.
TEXT: PER CURIAM. The State appeals an order suppressing stolen cigarettes and watches seized
from...e find the argument inappropriate and affirm the trial court. AFFIRMED. BERANEK and DELL,
JJ., concur. ANSTEAD, C.J., concurs in conclusion only.
161-CITE: 569 So.2d 937 Elpidio PEREZ-HERRERA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant Elpidio Perez-Herrera appeals the amended sentence imposed on him for
...years incarceration on both counts, to be served concurrently. Herrera does not appeal from
either the convictions or sentences on those two counts.
162-CITE: 609 So.2d 151 STATE of Florida, Appellant, v. Terrence BASS, Appellee.
TEXT: HARRIS, Judge. The State appeals the suppression of 24 packages of cannabis and a hundred
do...stop was made or prolonged in order to conduct the search. REVERSED and REMANDED. DIAMANTIS,
J., concurs. DAUKSCH, J., dissents, without opinion.
163-CITE: 539 So.2d 593 Daniel Octavio LANDA, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. Appellant was charged with trafficking in cocaine, conspiracy to traffic
...recalculate the scoresheet, and resentence appellant on the remaining counts. See Fla.R.Crim.P.
3.701(d)(9). CAMPBELL, C.J., and SCHEB, J., concur.
164-CITE: 577 So.2d 701 Russell White BROTHERS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant was charged in an amended information with one count of violation
...n by the trial court because they are rendered moot by our decision. AFFIRMED. HERSEY, C.J.,
LETTS, J., and WALDEN, JAMES H., Senior Judge, concur.
165-CITE: 458 So.2d 1112 In re FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS.
TEXT: PER CURIAM. Pursuant to a petition from the Florida Bar and a response from the Traffic
Cour... section 318.18(1)___, on a form to be supplied by the department. Any noncompliance may be
determined without the necessity of holding a hearing.
166-CITE: 630 So.2d 1237 Todd Fitzgerald FRAZIER, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. Todd Fitzgerald Frazier seeks review of the final judgment and
de...1 So.2d 32 (Fla.1985). Affirmed in part, reversed in part and remanded for resentencing.
HALL, J., and REESE, THOMAS S., Associate Judge., concur.
167-CITE: 564 So.2d 503 Bruce L. SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. We are once again confronted with a Kehoe (FN1) issue. One police officer
(Lock...2d 1278 (Fla. 5th DCA 1989). REVERSED AND REMANDED. DAUKSCH and COWART, JJ., concur.
------------ (FN1) Kehoe v. State, 521 So.2d 1094 (Fla.1988).
168-CITE: 440 So.2d 52 Lester Byron McCLENDON, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. At about 2:30 a.m. on November 14, 1982, Officer McDonald, who had stopped
hi...e fact that Officer Baxter was alone, and because of the visible bulge in McClendon s pocket.
AFFIRMED. LARRY G. SMITH and WENTWORTH, JJ., concur.
169-CITE: 684 So.2d 856 William Larry RUSHING, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Rushing was charged with two counts of forgery (FN1) and one count of
obstructin...s analysis, we also find the evidence sufficient to sustain Rushing s conviction for
obstructing an officer in the lawful execution of a legal duty.
170-CITE: 519 So.2d 43 Donald HUGHES, Appellant, v. CITY OF FORT LAUDERDALE, Broward County, Alma Woods,
Frank McCaskill, Dorothy McClover and Alfreda Johnson, Appellees.
TEXT: HERSEY, Chief Judge. Donald Hughes brought an action against several defendants, including
t... further proceedings. *45 AFFIRMED IN PART; REVERSED IN PART; REMANDED. DOWNEY, J., and OWEN,
WILLIAM C., Jr., (Retired), Associate Judge, concur.
171-CITE: 444 So.2d 452 Harold W. CARVER, etc., et al., Appellants, v. ORANGE COUNTY, etc., et al.,
Appellees.
TEXT: SHARP, Judge. This appeal is from a final judgment entered in favor of appellees, Orange
Cou...ve effect of these errors we reverse the judgment and remand for a new trial. REVERSED AND
REMANDED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur.
172-CITE: 753 So.2d 780 Krystal Dese DUKES, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, J. The appellant, Krystal Dukes, pled no contest to a charge of trafficking in
cocaine...n that criminal activity is afoot). See also Cresswell v. State, 564 So.2d 480 (Fla.1990).
REVERSED AND REMANDED. DAUKSCH and HARRIS, JJ., concur.
173-CITE: 579 So.2d 303 STATE of Florida, Appellant, v. Jean PAUL, Appellee.
TEXT: PER CURIAM. The trial judge granted a motion to suppress because of an improper stop. We
rev... the officer had a reasonable basis for the stop. REVERSED AND REMANDED FOR FURTHER
PROCEEDINGS. HERSEY, C.J., and LETTS and GARRETT, JJ., concur.
174-CITE: 460 So.2d 418 Nester SAMUDIO, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Judge. After reviewing the briefs and record on appeal in this case, we find
tha...v. Samudio, 460 So.2d 419, affirm in all other respects. Affirmed in part, reversed in part,
and remanded. HOBSON, A.C.J., and GRIMES, J., concur.
175-CITE: 672 So.2d 660 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Jordan ANSBACHER,
et ux, et al., Appellee.
TEXT: MICKLE, Judge. The Department of Transportation (DOT) challenges the jury award rendered in
...ssues raised on appeal. AFFIRMED in part; REVERSED in part, and REMANDED. VAN NORTWICK, J.,
concurs. BOOTH, J., dissents with no written opinion.
176-CITE: 590 So.2d 515 Sylvester WILLIAMS, Sr., Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. The appellant contests his conviction and sentence for dealing in stolen
p...atutes (1989), and remanded to the trial court for resentencing after preparation of a new
scoresheet. DANAHY, A.C.J., and ALTENBERND, JJ., concur.
177-CITE: 578 So.2d 870 Derrick Leevon PEDRO, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Derrick Leevon Pedro was charged in a two-count information with
possessio...Pedro was not issued a traffic citation. See Whitfield v. State, 559 So.2d 84 (Fla. 3d
DCA 1990); Arnold v. State, 544 So.2d 294 (Fla. 2d DCA 1989).
178-CITE: 644 So.2d 535 STATE of Florida, Appellant, v. Gary MYERS, Osvaldo Burgos, Asisclo Munguia,
David Marks and Laura Hand, Gregory McDonald, David Cypress, Marc Foucher, Debra Fleishchman, Robert
Frankel and Terry Bharraatsingh, Appellees.
TEXT: STEVENSON, Judge. We sua sponte consolidate these related appeals. In each case, the trial
c...rdingly, we reverse and remand for proceedings not inconsistent with the Murray opinion.
Reversed and remanded. DELL, C.J. and HERSEY, J., concur.
179-CITE: 709 So.2d 136 Kasai McCLAIN, Appellant Cross-Appellee, v. STATE of Florida, Appellee
Cross-Appellant.
TEXT: PER CURIAM. Appellant challenges his conviction for conspiracy to traffic in cocaine. The
St... wish to keep his sales force ignorant of the manufacturer s identity, lest those in the field
attempt to cut him out of the transaction altogether.
180-CITE: 635 So.2d 154 Orlando SUAREZ, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Acting Chief Judge. The appellant, Orlando Suarez, challenges his convictions and
sent...rection of the judgment and sentence consistent with this opinion. Suarez s convictions are,
otherwise, affirmed. ALTENBERND and BLUE, JJ., concur.
181-CITE: 494 So.2d 264 Hawser PEARCE, a minor, By and Through his parents, natural guardians and next
friends, Donn PEARCE, his father, and Christine Pearce, his mother, etc., et al., Appellants, v.
STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.
TEXT: SMITH, Judge. Appellants seek reversal of a final summary judgment rendered in favor of
appe...hat they said, but instead accelerated his vehicle into the opening span. The judgment
appealed from is AFFIRMED. MILLS and THOMPSON, JJ., concur.
182-CITE: 463 So.2d 443 Fred EDER, Appellant, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,
Appellee.
TEXT: WALDEN, Judge. We recite with approval the comprehensive Final Summary Judgment entered by
t... Willard, 426 So.2d 996 (Fla. 2d DCA 1983); City of Cape Coral v. Duval, 436 So.2d 136 (Fla. 2d
DCA 1983). Affirmed. HURLEY and DELL, JJ., concur.
183-CITE: 609 So.2d 107 STATE of Florida Appellant, v. Bryant Michael EUBANKS, Appellee.
TEXT: HERSEY, Judge. The State of Florida appeals from an order granting a motion to suppress
phys...therefore reverse and remand for further appropriate proceedings consistent with this
opinion. REVERSE AND REMAND. DOWNEY and WARNER, JJ., concur.
184-CITE: 534 So.2d 909 Tierye William CRUMLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: SMITH, Chief Justice. The appellant appeals his conviction for conspiracy to traffic in
coca...be deemed harmless, and a new trial is in order. Accordingly, the conviction is REVERSED and
the cause REMANDED. ZEHMER and BARFIELD, JJ., concur.
185-CITE: 615 So.2d 854 Bruce Edward BRADLEY, et al., Appellants, v. STATE of Florida, Appellee. STATE
of Florida, Appellant, v. T. Mitchell DEAN, Appellee.
TEXT: ORDER ON JURISDICTION. PER CURIAM. We have for our consideration two appeals from county
co...County for further appellate proceedings, as provided for by Rule 9.160(f)(2). IT IS SO
ORDERED. JOANOS, C.J., and BARFIELD and KAHN, JJ., concur.
186-CITE: 550 So.2d 150 Larry CHARLTON, Appellant, v. The STATE of Florida, Appellee.
TEXT: JORGENSON, Judge. Larry Charlton appeals from a judgment of conviction and sentence of life
...earm was legal; the subsequent lineups were therefore untainted and were properly admitted. The
conviction and sentence are, accordingly, Affirmed.
187-CITE: 710 So.2d 1041 Garnet CROOKS, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Acting Chief Judge. Garnet Crooks appeals his conviction and order of probation
...der of probation, and direct that the information be dismissed. Reversed and remanded. FULMER,
J., and RAMSBERGER, PETER, Associate Judge, concur.
188-CITE: 615 So.2d 866 STATE of Florida, Appellant, v. Ralph KAMINS, Appellee.
TEXT: PER CURIAM. The State argues the trial court erred in finding that Kamins traffic stop was
i...Accordingly, the trial court s order granting Kamins motion to suppress is reversed. REVERSED
AND REMANDED. DELL, GUNTHER and FARMER, JJ., concur.
189-CITE: 608 So.2d 469 AMENDMENT TO FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS-RULE
6.156.
TEXT: PER CURIAM. The Florida Bar Traffic Court Rules Committee (rules committee) petitions this
C...tempts. Until such time as the matter is referred to the Supreme--- *472 APPENDIX-Continued
---Court all such proceedings shall be confidential.---
190-CITE: 668 So.2d 1075 STATE of Florida, Appellant, v. Roger CROMATIE, Appellee.
TEXT: DANAHY, Acting Chief Judge. The State of Florida challenges a suppression order entered in
a...circumstances stemming from that stop. We reverse the order of suppression and remand for
further proceedings. ALTENBERND and FULMER, JJ., concur.
191-CITE: 625 So.2d 88 STATE of Florida, Appellee, v. Walter Joseph KNOWLES, Appellee.
TEXT: W. SHARP, Judge. The state appeals from the county court s order which dismissed a DUI
charg...9); Griffin v. State, 457 So.2d 1070 (Fla. 2d DCA 1984); or standing next to a wrecked
vehicle, State v. McGarry, 477 So.2d 1030 (Fla. 2d DCA 1985).
192-CITE: 677 So.2d 947 STATE of Florida, Appellant, v. Tracy Marie CORVIN, Appellee.
TEXT: FULMER, Judge. The state appeals the trial court s order suppressing evidence seized
followi...court s order granting the motion to suppress is reversed and the case remanded for
further proceedings. THREADGILL, C.J., and LAZZARA, J., concur.
193-CITE: 537 So.2d 95 Willie Mae ROBINSON, Petitioner, v. STATE of Florida, Respondent.
TEXT: BARKETT, Justice We have for review Robinson v. State, 526 So.2d 164 (Fla. 4th DCA 1988),
wh...ith. Accordingly, we affirm the district court below. It is so ordered. EHRLICH, C.J., and
OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.
194-CITE: 571 So.2d 113 Craig MOYE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s conviction of vehicular homicide by reckless driving and
r...ess conduct set out in McCreary v. State, 371 So.2d 1024 (Fla.1979). ANSTEAD and GLICKSTEIN,
JJ., and OFTEDAL, RICHARD L., Associate Judge, concur.
195-CITE: 739 So.2d 738 FLORIDA ASSOCIATION OF CONCERNED TRAFFIC SCHOOLS, INC., Petitioner Intervenor,
v. U.S.A. TRAINING COMPANY, INC., and State of Florida, Department of Highway Safety & Motor
Vehicles, Respondents.
TEXT: PER CURIAM. DENIED. See Charter Medical-Jacksonville, Inc. v. Community Psychiatric Centers
...ksonville, Inc. v. Community Psychiatric Centers of Florida, Inc., 482 So.2d 437 (Fla. 1st DCA
1985). WEBSTER, DAVIS and VAN NORTWICK, JJ., concur.
196-CITE: 535 So.2d 666 Gilberto LOPEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: DELL, Judge. Gilberto Lopez appeals from his convictions for trafficking in cocaine and
cons...nvictions of trafficking in cocaine and conspiracy to traffic in cocaine in excess of four
hundred grams. REVERSED. LETTS and WALDEN, JJ., concur.
197-CITE: 431 So.2d 652 Phillip Louis GRAHAM, the Curry Corporation, and Allstate Insurance Company,
Appellants, v. Barbara Maguire KEBEL and Miguel Angel Marquez, Appellees.
TEXT: BASKIN, Judge. Appellants seek review of a final judgment entered in favor of appellees
foll...ically or scientifically demonstrable at the end of such period. Chapter 78-374, Laws of
Florida, substantially altered this portion of the statute.
198-CITE: 562 So.2d 341 FLORIDA BOARD OF BAR EXAMINERS re Fred Parker BINGHAM, II.
TEXT: PER CURIAM. Bingham files this petition to review an adverse administrative ruling of the
Fl.... Florida Board of Bar Examiners Re: Amendment of Rules of the Supreme Court of Florida
Relating to Admissions to the Bar, 561 So.2d 273 (Fla.1990).
199-CITE: 723 So.2d 313 Michael Patrick MURPHY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant challenges his convictions of aggravated fleeing or attempting to
elud...ell, 719 So.2d 1245, 23 Fla.L.Weekly D2348 (Fla. 1st DCA 1998). AFFIRMED. MINER and
LAWRENCE, JJ., and McDONALD, PARKER LEE, Senior Judge, concur.
200-CITE: 546 So.2d 118 Junior Dewayne MALONEY, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. The defendant, Junior Dewayne Maloney, was convicted of five
crim...e the defendant s convictions and sentences for the possession and delivery counts. We remand
for resentencing. DANAHY and THREADGILL, JJ., concur.
201-CITE: 453 So.2d 175 Rafael Louis RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIMES, Acting Chief Judge. Once again we are required to interpret custody for purposes of
...uence, we have no alternative but to set aside Appellant s conviction and direct that he be
discharged. REVERSED. SCHEB and CAMPBELL, JJ., concur.
202-CITE: 712 So.2d 1292 Hubert Harvey NAYLOR, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. See State v. Mahoy, 575 So.2d 779, 781 (Fla. 5th DCA 1991) (ruling
tha...rder driver to exit vehicle after motor vehicle has been lawfully detained for traffic
violation). GRIFFIN, C.J., and COBB and ANTOON, JJ., concur.
203-CITE: 675 So.2d 646 John STROUD, Incapacitated, by his Mother and Legal Guardian, Pennelope
SCHUETTE, Appellant, v. Jonathan R. STRAWN, Post, Buckley, Schuh & Jernigan, Inc., a Florida
corporation and unknown others, Appellees.
TEXT: RYDER, Acting Chief Judge. John Stroud, by his mother and legal guardian, Pennelope
Schuette... court erred in granting summary final judgment for the appellees, and reverse and remand
for further proceedings. FULMER and WHATLEY, JJ., concur.
204-CITE: 506 So.2d 495 STATE of Florida, Appellant, v. Luis Felipe CARRILLO, Appellee.
TEXT: COBB, Judge. The state timely appeals an order granting a motion to suppress made by
appelle...demeanor offense in the officer s presence. DISCRETIONARY REVIEW ACCEPTED; ORDER OF
SUPPRESSION QUASHED. UPCHURCH, C.J., and ORFINGER, J., concur.
205-CITE: 566 So.2d 829 Carlos GUEITS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse the defendant s convictions for trafficking in cocaine and
conspiracy... remanded to the trial court with directions to discharge the defendant. See King.
REVERSED AND REMANDED. DOWNEY, GUNTHER and WARNER, JJ., concur.
206-CITE: 676 So.2d 1056 Victor BARRETT and Jeanette Barrett, Appellants, v. Terry NOLAN, Janice Boylan,
Deer Park Spring Water, Inc., James G. Doyle, City of Coconut Creek and or Coconut Creek Police
Department, Appellees.
TEXT: STEVENSON, Judge. This case arises out of a multi-vehicle collision that occurred at the
int...en summary judgment may not be entered. See Moore v. Morris, 475 So.2d 666 (Fla.1985).
REVERSED and REMANDED. GLICKSTEIN and SHAHOOD, JJ., concur.
207-CITE: 549 So.2d 1172 STATE of Florida, Appellant, Cross-Appellee, v. Steven Larry DROLET,
Appellee-Cross-Appellant.
TEXT: LEHAN, Acting Chief Judge Defendant cross-appeals from his convictions and sentences for
tra... trial as to that crime. The state s contention on appeal is moot. Reversed and remanded for
a new trial. THREADGILL and ALTENBERND, JJ., concur.
208-CITE: 530 So.2d 296 STATE of Florida, Petitioner, v. Linford FLETCHER, Respondent.
TEXT: EHRLICH, Chief Justice. We have for our review Fletcher v. State, 508 So.2d 506 (Fla. 4th
DC...consideration of the sentence under the rationale of Albritton. It is so ordered. OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
209-CITE: 706 So.2d 350 STATE of Florida, Appellant, v. Kinsey Lee MAE, Appellee.
TEXT: ALTENBERND, Acting Chief Judge. The State appeals the trial court s order granting Kinsey
Le...e trial court of either of these issues. Accordingly, this court cannot reverse the order on
appeal. Affirmed. WHATLEY and NORTHCUTT, JJ., concur.
210-CITE: 656 So.2d 947 Desinut LIMOSE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. HARRIS, Chief Judge. The issue on appeal is whether State v. Weller, 590 So.2d
...d to require that the trial court inform the jury as to exactly what the various sentences might
be. AFFIRMED. W. SHARP and PETERSON, JJ., concur.
211-CITE: 697 So.2d 956 STATE of Florida, Appellant, v. Irvin ST. JEAN, Appellee.
TEXT: PER CURIAM. The state seeks review of an order of the lower court suppressing evidence
seize...5). (FN2) It appears that they as used in the statute, refers to identification marks. If
they refers to plates, the state s position is no better.
212-CITE: 596 So.2d 1139 Walter O. BRADFORD, Jr., and Janice K. Bradford, his wife, Richard Allen Cabral
and Donna S. Cabral, his wife, Appellants, v. William Clyde LEWIS, White Star Carriers, Inc., and
Florida Trailer Sales, Inc., Appellees.
TEXT: PER CURIAM. AFFIRMED. The appellants claim reversible error in the trial court s failure to
... the ruling prejudiced appellant. See Irwin v. Blake, 589 So.2d 973, 974 (Fla. 4th DCA 1992)
(Polen, J., concurring in part and dissenting in part).
213-CITE: 456 So.2d 1233 METROPOLITAN DADE COUNTY, Appellant, v. Ramon V. COLINA, as Personal
Representative of the Estate of Martha Colina, deceased, Appellee.
TEXT: NESBITT, Judge. Dade County appeals a final judgment rendered on a jury verdict in a
wrongfu...rsons could not differ on the proximate cause issue, we reverse the trial court s order
denying the county s motion for directed verdict. Reversed.
214-CITE: 566 So.2d 592 Terrance DUBOSE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Terrance Dubose, challenges the judgments and sentences imposed
again...llant may be resentenced with a properly prepared scoresheet. We affirm in all other
respects. SCHOONOVER, C.J., and DANAHY and FRANK, JJ., concur.
215-CITE: 478 So.2d 1203 Davy WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. We affirm appellant s conviction for conspiracy to traffic in cocaine upon
a...de appellant was predisposed to commit the crime charged. See Cruz v. State, 465 So.2d 516
(Fla.1985). AFFIRMED. ORFINGER and COWART, JJ., concur.
216-CITE: 658 So.2d 144 Alphonso RODDY, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Police stopped Alphonso Roddy in his motor vehicle for having an inoperative
tai... well as the great public importance of the question, we certify the issue posed and ask that
this case be paired for review with Daniel. Affirmed.
217-CITE: 652 So.2d 427 Kathleen HUTT, etc., et al., Appellants, v. Hazel NICHOLS, et al., Appellees.
TEXT: W. SHARP, Judge. Hutt and her husband appeal from a final order dismissing their amended
com...(FN3) Vienneau v. Metropolitan Life Ins. Co., 548 So.2d 856, 858 (Fla. 4th DCA 1989); Poulos
v. Vordermeier, 327 So.2d 245, 246 (Fla. 4th DCA 1976).
218-CITE: 643 So.2d 78 YELLOW CAB COMPANY OF TAMPA, INC., a Florida corporation, Joseph A. Russo, and
Gordon Stanley Miller, Appellants, v. PFIZER PHARMACEUTICALS, INC., Appellee.
TEXT: FRANK, Chief, Judge. Gregory Bolds, a passenger in a Yellow Cab, was injured when the cab
wa.... 1st DCA 1962). Accordingly, we reverse the final judgment and remand for a new trial.
Reversed and remanded. PATTERSON and FULMER, JJ., concur.
219-CITE: 601 So.2d 1261 Darrell Allan WINKFIELD, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Darrell Allan Winkfield from final judgments
...ctivity. Cruz; Hunter. Finally, we fail to see how objective entrapment has anything whatever to
do with the resisting arrest conviction. Affirmed.
220-CITE: 725 So.2d 1143 STATE of Florida, Appellant, v. Shantavious Augusta WILSON, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. The State challenges the trial court order granting appellee
s...violence and the resulting search were therefore proper. Accordingly, we reverse and remand for
further proceedings. FRANK and GREEN, JJ., concur.
221-CITE: 539 So.2d 577 Felton WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The appellant, Felton White, challenges his conviction for possession of a
fire...n without any culpable mental state, contrary to established Florida law. REVERSED AND
REMANDED FOR NEW TRIAL. SHARP C.J., and DANIEL, J., concur.
222-CITE: 543 So.2d 298 Dwight Maurice MONROE, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. Reserving his right to appeal the denial of his motion to suppress, the
app...ng because that stop resulted in his seizure. State v. Montano, 527 So.2d 916 (Fla. 3d DCA
1988); Adams v. State, 523 So.2d 190 (Fla. 1st DCA 1988).
223-CITE: 656 So.2d 550 James Joseph SPERA, Appellant Cross-Appellee, v. STATE of Florida, Appellee
Cross-Appellant.
TEXT: QUINCE, Judge. The appellant cross-appellee, James Joseph Spera, appeals his conviction for
...dgment of acquittal with directions to reinstate the jury verdict. In all other respects, we
affirm. SCHOONOVER, A.C.J., and PATTERSON, J., concur.
224-CITE: 606 So.2d 1210 STATE of Florida, Appellant, v. Dennis MILLER, Appellee.
TEXT: HALL, Judge. The state challenges the order granting Dennis Miller s motion to suppress,
all...verse the order granting Miller s motion to suppress and remand with directions consistent
with this opinion. RYDER, A.C.J., and FRANK, J., concur.
225-CITE: 588 So.2d 1014 Sanon V. JOSEPH, Appellant, v. STATE of Florida, Appellee. Raymond FRANCOIS,
Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Because both of these appeals arise from the same facts and are disposed
o... are remanded for further proceedings consistent with this opinion. Reversed and remanded with
instructions. SCHEB, A.C.J., and RYDER, J., concur.
226-CITE: 505 So.2d 566 Evelyn STARK, as Personal Representative of the Estate of Steven Aric Stark,
deceased, Appellant, v. BAILEY DRAINAGE DISTRICT, a political subdivision of the State of Florida
and Broward County, Florida, a Political Subdivision of the State of Florida, Appellees.
TEXT: ANSTEAD, Judge. In this action for wrongful death, the trial court entered a summary final
j...t proper warnings, appellant should be held to the burden of proving the causal relationship to
this accident as well as to the two prior accidents.
227-CITE: 550 So.2d 1190 Allen Lloyd KINMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Judge. Kinman appeals from his sentences imposed after pleading nolo contendere to
tw...icense and privilege to drive of such person as of the date of such failure and shall send
such person notice of such suspension. (emphasis added)
228-CITE: 636 So.2d 172 Doris WELCH, Appellant, v. Everett S. RICE, Sheriff of Pinellas County, and
Pinellas County, a political subdivision of the State of Florida, Appellees.
TEXT: PER CURIAM. Doris Welch appeals from a final summary judgment in favor of Everett S. Rice,
S...and remand for further proceedings consistent with this opinion. Reversed and Remanded.
PATTERSON, A.C.J., and ALTENBERND and QUINCE, JJ., concur.
229-CITE: 674 So.2d 152 BROWARD COUNTY, Appellant, v. Rose MICHAELSON, on behalf of herself and all
others similarly situated, Appellee.
TEXT: PER CURIAM. The chief judge of the Seventeenth Judicial Circuit for Broward County issued
an...for failure to join the chief judge of the Seventeenth Judicial Circuit as an indispensable
party. AFFIRMED. DELL, POLEN and SHAHOOD, JJ., concur.
230-CITE: 523 So.2d 189 Margaret H. OLIVER and Carlton A. Oliver, her husband, Appellants, v. David S.
EISENMAN, Appellee.
TEXT: ZEHMER, Judge. The Olivers appeal a jury verdict finding defendant David Eisenman not
guilty... not particularly relevant to the facts of the case, any error in giving the instruction
was harmless. AFFIRMED. BOOTH and WIGGINTON, JJ., concur.
231-CITE: 530 So.2d 1103 Julian MIRANDA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. As in Velunza v. State, 504 So.2d 780 (Fla. 3d DCA 1987), we conclude that the
e...e reversed. See Velunza, 504 So.2d at 782; see also Voto v. State, 509 So.2d 1291, 1293 (Fla.
4th DCA 1987). Affirmed in part and reversed in part.
232-CITE: 528 So.2d 524 John Philip PARK, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant appeals from his convictions for trafficking in cocaine, conspiracy
...s and resentence defendant with respect to the recalculated scoresheet if a different sentence is
called for. RYDER, A.C.J., and FRANK, J., concur.
233-CITE: 656 So.2d 546 STATE of Florida, Appellant, v. Thomas Daniel ENGEL, Appellee.
TEXT: PETERSON, Judge. The State of Florida appeals the dismissal of an information charging
Thoma...t to have the matter disposed of in county court was a nullity. REVERSED and REMANDED TO
THE CIRCUIT COURT. HARRIS, C.J., and GRIFFIN, J., concur.
234-CITE: 516 So.2d 984 Diane JAMES, etc., Appellant, v. CONSOLIDATED INNS OF DAYTONA BEACH, etc.,
Appellee.
TEXT: PER CURIAM. AFFIRMED. UPCHURCH, C.J., and COWART, J., concur. DAUKSCH, J., dissents with
o... a duty to warn of the danger of unsupervised automobile traffic. Taken together I cannot see
how this summary judgment is proper--it s a jury case.
235-CITE: 565 So.2d 886 STATE of Florida, Appellant, v. Curtis D. MILLER, Appellee.
TEXT: CAMPBELL, Judge. The State of Florida appeals the trial court s order of suppression of
evid...z, 526 So.2d 192 (Fla. 3d DCA 1988). Reversed and remanded for further proceedings
consistent herewith. SCHEB, A.C.J., and ALTENBERND, J., concur.
236-CITE: 437 So.2d 719 BROWARD COUNTY, Appellant, v. James H. PAYNE, etc., et al., Appellees. James H.
PAYNE, etc., et al., Appellants, v. CITY OF CORAL SPRINGS, Appellee. James H. PAYNE, etc., et al.,
Appellants, v. Steven WALLICE, etc., et al., Appellees.
TEXT: LETTS, Judge. The principal question presented in these consolidated appeals is whether the
...n favor of the County and remand this cause for entry of a judgment in accordance herewith.
REVERSED AND REMANDED. HERSEY and WALDEN, JJ., concur.
237-CITE: 666 So.2d 229 STATE of Florida, Appellant, v. Delores McNEAL, a k a Deloris Keys McNeal,
Appellee.
TEXT: PER CURIAM. The state challenges the trial court s order which granted the motion to
suppres...ial court erred in granting the motion to suppress the evidence. Reversed and remanded.
SCHOONOVER, A.C.J., and PATTERSON and QUINCE, JJ., concur.
238-CITE: 713 So.2d 1104 Cynthia WAINER, Appellant, v. Aida BANQUERO and Ernesto Banquero, Appellees.
TEXT: DELL, Judge. Cynthia Wainer appeals the trial court s denial of her motion for mistrial and
..., 299 So.2d 602 (Fla.1974). Accordingly, we reverse and remand this cause for a new trial.
REVERSED and REMANDED. GUNTHER and KLEIN, JJ., concur.
239-CITE: 698 So.2d 1280 George Clayton JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, Judge. George Clayton Jones appeals his convictions and sentences for five counts
...ond a reasonable doubt, we affirm appellant s convictions and sentences. AFFIRMED. GOSHORN, J.,
concurs. DAUKSCH, J., concurs in conclusion only.
240-CITE: 683 So.2d 607 Richard JOHNSON, Petitioner, v. STATE of Florida and Honorable Stephen M. Cohen,
County Court Judge, Respondents.
TEXT: KLEIN, Judge. Petitioner was charged, as a result of a single traffic stop, in three
separat...fford petitioner due process and failed to observe the essential requirements of law.
Accordingly, I would deny the petition for writ of certiorari.
241-CITE: 654 So.2d 1207 Thomas V. CAPALDO, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Chief Judge The state was conducting an investigation concerning suspected dealing
i...Y TO PROVE THE EXISTENCE OF STOLEN PROPERTY IN ORDER TO CONVICT UNDER SECTION 812.019(1),
FLORIDA STATUTES (1993)? COBB and W. SHARP, JJ., concur.
242-CITE: 642 So.2d 1165 Pierre PICHETTE, Alan Yarkin, and Gaytan Mayrand Torres, Appellants, v. CITY OF
NORTH MIAMI and Performing Arts Management of North Miami, Inc., Appellees.
TEXT: PER CURIAM. The final summary judgment under review is affirmed upon a holding that the
appe...zoning ordinance. See Ennis v. Warm Mineral Springs, Inc., 203 So.2d 514, 517 (Fla. 2d DCA
1967), cert. denied, 210 So.2d 870 (Fla.1968). Affirmed.
243-CITE: 484 So.2d 89 Annie M. WILLIAMS, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Volusia
Transit Management, Inc., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a denial of unemployment compensation benefits.
Appe...proceedings as are deemed appropriate and not inconsistent. Order quashed; remanded.
UPCHURCH, J., concurs. COWART, J., dissents without opinion.
244-CITE: 589 So.2d 407 Jose L. CORDERO, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment and sentence, appellant having been
convic...s to discharge appellant on the trafficking in cocaine charge. AFFIRMED in part; REVERSED
in part, and REMANDED. W. SHARP and COWART, JJ., concur.
245-CITE: 579 So.2d 319 Edward Ray STIDHAM, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The defendant, Edward Ray Stidham, was charged and convicted of conspiracy to
t..., 505 So.2d 670 (Fla. 5th DCA 1987). *320 may correct and amend the judgment and sentence.
AFFIRMED AND REMANDED. DAUKSCH and COWART, JJ., concur.
246-CITE: 487 So.2d 1182 Manuel SIGNO and Yrma Signo, Appellants, v. PHILLIP MORRIS, INC., Gelco Leasing
Corporation and Richard Wasko, Appellees.
TEXT: WALDEN, Judge. An automobile struck a pedestrian standing in the street. The pedestrian
sued... even though the jury found the defendant free of actionable negligence and the only issue on
appeal concerns the propriety of the jury instruction.
247-CITE: 606 So.2d 502 Emilienne PIERRE, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Pierre appeals from her sentence of two years community control on the
grou...esheet. See Pigue; Humphrey; Lawrence v. State, 590 So.2d 1068 (Fla. 5th DCA 1991). SENTENCE
VACATED; REMANDED. PETERSON and GRIFFIN, JJ., concur.
248-CITE: 644 So.2d 533 STATE of Florida, Appellant, v. Michael MURRAY, Appellee.
TEXT: STEVENSON, Judge. The State of Florida asks this court to review a final order of the
County...ns (unlawful speed, failure to maintain a single lane, etc.) are not so punitive in nature
as to constitute punishment for double jeopardy purposes.
249-CITE: 731 So.2d 787 Patricio SANTIAGO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Patricio Santiago raised five issues in his motion for postconviction relief.
Th...propriate version of section 322.34, Florida Statutes. Affirmed in part, reversed in part, and
remanded. MINER, BENTON, and BROWNING, JJ., CONCUR.
250-CITE: 576 So.2d 392 Charley Patrick ADKINS, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals his convictions, after jury trial, of trafficking in
sto...on on the original scoresheet, have been reversed. AFFIRMED in part, REVERSED in part and
REMANDED for resentencing. BOOTH and SMITH, JJ., concur.
251-CITE: 522 So.2d 1003 Lorenzo MITCHELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was charged by information with possession of cocaine. When his
motion...nt form order actually being appealed properly reflect appellant s plea to be nolo
contendere. HERSEY, C.J., and LETTS and GLICKSTEIN, JJ., concur.
252-CITE: 590 So.2d 1018 Dean Thomas O CONNOR, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. O Connor appeals from his convictions and sentences received in two
crimina...58 (Fla.1991). On remand, this additional correction should be made. REVERSED in part;
REMANDED for resentencing. DAUKSCH and COWART, JJ., concur.
253-CITE: 503 So.2d 427 The STATE of Florida, Appellant, v. Evel Dalva GARCIA, Appellee.
TEXT: PER CURIAM. Although the facts set forth in the defendant s untraversed sworn motion to
dism... 1986). Accordingly, the dismissal of Count I is reversed; the dismissal of County II is
affirmed. Affirmed in part; reversed in part and remanded.
254-CITE: 571 So.2d 592 Onel LOPEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm defendant s convictions for trafficking in cocaine and conspiracy to
t...ut prejudice to the state to seek reimposition after proper notice and opportunity to be heard.
SCHEB, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
255-CITE: 459 So.2d 332 Edna OSORIO, Appellant, v. METROPOLITAN DADE COUNTY, a political subdivision of
the State of Florida, Appellee.
TEXT: DELL, JOHN W., Associate Judge. Appellant, Edna Osorio, appeals an adverse final summary
jud...everse the summary final judgment in favor of the appellee and remand this cause to the trial
court for further proceedings. REVERSED and REMANDED.
256-CITE: 692 So.2d 293 Javier ODIO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Affirmed. See Whren v. United States, -- U.S. --, 116 S.Ct. 1769, 135 L.Ed.2d
89...Whren has substantially altered search and seizure jurisprudence as it pertains to traffic *294
stops), review dismissed, 689 So.2d 1071 (Fla.1997).
257-CITE: 438 So.2d 780 DEPARTMENT OF TRANSPORTATION, Petitioner, v. Sheila WEBB, et al., Respondents.
TEXT: OVERTON, Justice. This is a petition to review a decision of the First District Court of
App... Department of Transportation, 422 So.2d 978 (Fla. 1st DCA 1982), on this point of law, which
rejected the same argument in another factual context.
258-CITE: 581 So.2d 214 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, etc., Appellant, v. Thomas
Andrew HAGAR, Appellee.
TEXT: DIAMANTIS, Judge. Appellant, State of Florida, Department of Highway Safety and Motor
Vehicl... order revoking Hagar s driver s license for a period of five years. WRIT ISSUED; cause
REMANDED with directions. HARRIS and GRIFFIN, JJ., concur.
259-CITE: 507 So.2d 1196 Guillermo GOIZUETA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. As in Velunza v. State, 504 So.2d 780 (Fla. 3d DCA 1987), we conclude that the
e...w trial. See State v. Gutierrez, 502 So.2d 481 (Fla. 3d DCA 1987). The remaining points are
entirely meritless. Affirmed in part, reversed in part.
260-CITE: 536 So.2d 1058 ESCAMBIA COUNTY, Appellant, v. Larry A. STICHWEH, as personal representative of
the Estate of Ann Royer Stichweh, Appellee.
TEXT: ON MOTION FOR REHEARING NIMMONS, Judge. Appellant s motion for rehearing is denied.
However...error. We have examined the remaining points raised by appellant and find them to be
without merit. AFFIRMED. SMITH, C.J., and BOOTH, J., concur.
261-CITE: 571 So.2d 567 Osvaldo PALMER, Enrique Acosta, Jorge Milan and Ramona Fernandez, Appellants, v.
The STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellants, Palmer, Acosta and Milan, by consolidated appeal, appeal their
c... this opinion. In all other respects the verdicts, adjudications, and sentences, are affirmed.
Affirmed in part, reversed in part, with directions.
262-CITE: 553 So.2d 373 STATE of Florida, Appellant, v. Todd M. RENDA, Appellee.
TEXT: PATTERSON, Judge. This is an appeal from an order granting the defendant s motion to
suppres... for such violations. We therefore reverse the order of suppression and remand for
further proceedings. LEHAN, A.C.J., and THREADGILL, J., concur.
263-CITE: 704 So.2d 1118 Robert B. HITCHCOCK, Appellant, v. F.S. DISPOSITION, INC., a Florida
corporation; Shell Oil Company, a foreign corporation; Roberto Magana; F.S. Convenience Stores,
Inc., a Florida corporation; and Toni Gas & Food Stores, Inc., a Florida corporation, doing business
as a general partnership under the name REWJB Gas Investments, Appellees.
TEXT: QUINCE, Judge. Robert B. Hitchcock appeals from a final summary judgment entered in his
negl...iate. We reverse the final summary judgment and remand for further proceedings consistent
with this opinion. PARKER, C.J., and WHATLEY, J., Concur.
264-CITE: 541 So.2d 1263 NORMANDY B. CONDOMINIUM ASSOCIATION, INC., and Sol Gordon, Appellants, v.
NORMANDY C. ASSOCIATION, INC., Appellee.
TEXT: PER CURIAM. An easement exists in favor of every owner of a condominium unit in Kings Point
...ion out of this court, controls the outcome. However, under the *1264 facts of this case, I have
sympathy for the result reached by the trial judge.
265-CITE: 471 So.2d 1 Orla RALPH, Petitioner, v. CITY OF DAYTONA BEACH, a municipal corporation, and
Cheryl Ann Fetsko, Respondents.
TEXT: EHRLICH, Justice. The limited issue in this case is whether a complaint that alleges that
th...at the third amended complaint be reinstated. It is so ordered. ADKINS, BOYD and OVERTON,
JJ., concur. ALDERMAN, C.J., and McDONALD, J., dissent.
266-CITE: 528 So.2d 399 The STATE of Florida, Appellant, v. Janice LOCKE, Appellee.
TEXT: PER CURIAM. The State appeals from an order granting the defendant s motion to dismiss
charg...tatutes, unless the code otherwise provides. (FN2) We acknowledge that our holding conflicts
with Bewick v. State, 501 So.2d 72 (Fla. 5th DCA 1987).
267-CITE: 525 So.2d 426 Sylvester JAMES, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order by which he was convicted of
traffickin...t the jury verdict. See Wale v. State, 397 So.2d 738 (Fla. 4th DCA 1981). Accordingly,
the order is affirmed. SMITH, C.J., and JOANOS, J., concur.
268-CITE: 631 So.2d 374 Sammie HALL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We vacate appellant s sentence for refusal to sign a noncriminal traffic
citatio.... State, 515 So.2d 401, 402 (Fla. 1st DCA 1987). Appellant s convictions and remaining
sentences are affirmed. SMITH, ALLEN and DAVIS, JJ., concur.
269-CITE: 619 So.2d 425 T.J., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. T.J. pleaded nolo contendere to a charge of delinquency for committing petty
...t T.J. was beyond the court s authority specified in section 960.20. Accordingly, the order on
costs is REVERSED. BARFIELD and MICKLE, JJ., concur.
270-CITE: 689 So.2d 1088 STATE of Florida, Appellant, v. Sandra Kay KINNANE, a k a Sandra Cruzan,
Appellee.
TEXT: PATTERSON, Judge. The state challenges the trial court s order granting Sandra Kinnane s
mot... granting the motion to suppress and remand the case for further proceedings. Reversed and
remanded. CAMPBELL, A.C.J., and SCHOONOVER, J., concur.
271-CITE: 430 So.2d 503 Fouad BANAT, Appellant, v. Jose Mike ARMANDO, Falcone & Ignizio Foods, Inc., a k
a Falcone & Italia, Inc., and State Farm Fire & Casualty Company, Appellees.
TEXT: FERGUSON, Judge. Plaintiff was a passenger in the front seat of a small car which crashed
in... was a superseding intervening cause. We agree that as to the conclusion reached by the trial
court, reasonable persons could not differ. Affirmed.
272-CITE: 707 So.2d 1199 Gerald Leonard PERKINS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant was convicted of multiple offenses after a joint trial with the
de...cross-appeal is dismissed. The appellant s sentences are vacated, and the case is remanded for
resentencing. ALLEN, WEBSTER and DAVIS, JJ., concur.
273-CITE: 541 So.2d 797 Juan RODRIGUEZ, Appellant, v. The ST