Traffic Ticket
Results 1-2445
1-CITE: 541 So.2d 1339 Thelma ANDERSON, Appellant, v. SeaESCAPE LIMITED, INC., Appellee.
TEXT: ALTENBERND, Judge. The plaintiff appeals a final summary judgment in favor of SeaEscape
whic...ctually contained a one-year limitation period. Reversed and remanded for proceedings
consistent herewith. CAMPBELL, C.J., and PARKER, J., concur.
2-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.
3-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.
4-CITE: 589 So.2d 1019 Sarah RANDOLPH, Appellant, v. COMMODORE CRUISE LINES LTD., Appellee.
TEXT: PER CURIAM. Commodore Cruise Lines passenger Sarah Randolph claims she sustained bodily
inju... 441 (Fla. 4th DCA 1978). Accordingly, the judment granted in the cruise line s favor is
reversed and the case is remanded for further proceedings.
5-CITE: 560 So.2d 1221 Mildred EICK, Appellant, v. NORWEGIAN CARIBBEAN LINES A S, d b a Norwegian
Caribbean Lines, Appellee.
TEXT: SCHWARTZ, Chief Judge. The plaintiff passenger in a personal injury action, which arose
aboa...tes it is objectively sufficient under the law; the parties subjective knowledge or lack of
it is totally immaterial. See Hallman, 459 So.2d at 380.
6-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).
7-CITE: 446 So.2d 1147 The STATE of Florida, Appellant, v. Kent Charles TAYLOR, Appellee.
TEXT: PER CURIAM. The defendant was initially observed, by two law enforcement officers,
purchasin...980); Mata v. State, 380 So.2d 1157 (Fla. 3d DCA 1980); Florida v. Royer, -- U.S. --,
103 S.Ct. 1319, 75 L.Ed.2d 229 (1983). Reversed and remanded.
8-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.
9-CITE: 539 So.2d 20 Gary DOLES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was convicted of knowingly presenting for redemption an altered state
...ticket for redemption is reversed pursuant to Rule 9.315(b), Florida Rules of Appellate
Procedure. SMITH, C.J., and ERVIN and NIMMONS, JJ., concur.
10-CITE: 464 So.2d 228 Geraldine NEIMAN and Herman Neiman, her husband, Appellants, v. COSTA LINES,
INC., a foreign corporation, Sunshine Travel Service, a Florida corporation, and Amerikan Services,
Ltd., a foreign corporation, Appellees.
TEXT: DELL, Judge. Appellants sued appellees for damages, alleging that a crew member sexually
ass...se the final summary judgment in favor of appellees and remand for further proceedings.
REVERSED and REMANDED. HERSEY and GLICKSTEIN, JJ., concur.
11-CITE: 625 So.2d 1308 Dorothy COLLINS, Appellant, v. DOLPHIN CRUISE LINE, INC., a Florida corporation
d b a DOLPHIN CRUISE LINE, Appellee.
TEXT: JORGENSON, Judge. By this appeal we are again called upon to determine the sufficiency of a
...itations period, or merely received boarding pass after paying for ticket) and Anderson v.
SeaEscape Ltd., 541 So.2d 1339 (Fla. 2d DCA 1989) (same).
12-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).
13-CITE: 661 So.2d 1308 Karen Sue WILKIN, Appellant, v. CARNIVAL CRUISE LINES, INC., etc., Appellee.
TEXT: PER CURIAM. A cruise passenger alleging personal injury appeals a final summary judgment
ent...ecision. See Burnett v. New York Cent. R. Co., 380 U.S. 424, 85 S.Ct. 1050, 13 L.Ed.2d 941
(1965). Accordingly, the order under review is affirmed.
14-CITE: 638 So.2d 172 Nina G. MILLER, Appellant, v. STATE of Florida, DEPARTMENT OF LOTTERY, Appellee.
TEXT: MICKLE, Judge. Appellant, Nina Miller, appeals the dismissal with prejudice of her second
am...which relief can be granted under any theory of recovery alleged. The decision of the trial
court is hereby AFFIRMED. MINER and DAVIS, JJ., concur.
15-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.
16-CITE: 629 So.2d 215 Edgar Earl JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Judge. Appellant appeals his conviction of passing a state lottery ticket with the
.... *217 Appellant s motion for judgment notwithstanding the verdict should have been granted.
REVERSED and REMANDED. DAUKSCH and COBB, JJ., concur.
17-CITE: 703 So.2d 442 THE FLORIDA BAR, Complainant, v. Charles A. EIDSON, Respondent.
TEXT: PER CURIAM. We have before us the complaint of The Florida Bar and a referee s report
regard...inst Eidson, for which sum let execution issue. It is so ordered. KOGAN, C.J., and
OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
18-CITE: 564 So.2d 1265 In the Interest of M.M., a child.
TEXT: PER CURIAM. AFFIRMED. GLICKSTEIN and GUNTHER, JJ., concur. ANSTEAD, J., concurs specially
...onsequence to the appellant, because she is a juvenile, is the same, however. She committed an
unlawful act and was properly found to be delinquent.
19-CITE: 442 So.2d 325 Jeffrey NEASE a k a Michael Colwell a k a Louis Poynter, Appellant, v. STATE of
Florida, Appellee.
TEXT: BERANEK, Judge. Appellant was charged with and found guilty of trafficking in cocaine and
po...ely declining to be searched. The case is remanded with directions to discharge appellant.
REVERSED AND REMANDED. DOWNEY and WALDEN, JJ., concur.
20-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.
21-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.
22-CITE: 647 So.2d 220 Alan DANIEL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant pled no contest to possession of cocaine after reserving the right to
... directions that appellant s conviction be reversed and appellant be discharged. WEBSTER, J.,
and SMITH, Senior Judge, concur. BOOTH, J., dissents
23-CITE: 514 So.2d 80 The STATE of Florida, Appellant, v. Edilberto Agusto GOVEA, Appellee.
TEXT: PER CURIAM. Notwithstanding the trial court s strongly expressed misgivings about the
correc...der suppressing the cocaine seized from the defendant s tote bag is reversed and the cause
remanded for further proceedings. Reversed and remanded.
24-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.
25-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.
26-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.
27-CITE: 592 So.2d 797 Edwin P. RECTOR, Appellant, v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF
PARI-MUTUEL WAGERING, and Gulfstream Park Racing Association, Inc., Appellees.
TEXT: WARNER, Judge. This is an appeal from a declaratory statement pursuant to section 120.565,
F...as 7E-6.017(8) was repealed. Rule 7E6-.065 now allows for field entries in trifecta races and
provides for a method of payout in cases such as this.
28-CITE: 471 So.2d 655 CITY OF HOLLYWOOD, Florida, Appellant, v. Joel MILLER, for himself and on behalf
of all persons similarly situated, Appellee.
TEXT: BARKETT, Judge. We reverse a final summary judgment entered in a class action suit in favor
... remanded with directions to the trial court to enter a final judgment for the appellant.
HURLEY, J., and WESSEL, JOHN D., Associate Judge, concur.
29-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.
30-CITE: 532 So.2d 95 STATE of Florida, Appellant, v. Rhett David MARTIN, Appellee.
TEXT: GLICKSTEIN, Judge. The prosecution appeals suppression of cocaine and of statements to the
p...ermination and apply the appropriate evidentiary standard on the existing record. DOWNEY, J.,
and WETHERINGTON, GERALD T., Associate Judge, concur.
31-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.
32-CITE: 549 So.2d 1368 THE FLORIDA BAR, Complainant, v. Randy FISCHER, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before the Court on two consolidated complaints
...spondent, for which sum let execution issue. It is so ordered. EHRLICH, C.J., and OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
33-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.
34-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.
35-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.
36-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.
37-CITE: 600 So.2d 1258 Julius Harry ISAAC, Appellant, v. Jerry BRAVE d b a Gold Depot, Appellee.
TEXT: LEHAN, Judge. In this suit against defendant pawnbroker for allegedly having improperly
disp...ed into thinking he had only 30 days in which to recover the ring, rather than the 60-day
period. Affirmed. RYDER, A.C.J., and PARKER, J., concur.
38-CITE: 459 So.2d 378 Lowell M. HALLMAN and Eva B. Hallman, his wife, Appellants, v. CARNIVAL CRUISE
LINES, INC., Appellee.
TEXT: DANIEL S. PEARSON, Judge. This appeal is from a summary judgment entered in favor of the
def...ide of that limitations period, the plaintiffs are barred from maintaining their action. The
summary judgment in favor of the appellee is Affirmed.
39-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.
40-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.
41-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.
42-CITE: 521 So.2d 316 Elizabeth HIRSCH, Appellant, v. KLOSTERS REDERI A S, d b a Norwegian Caribbean
Lines, Appellee.
TEXT: JORGENSON, Judge. Elizabeth Hirsch sustained injuries when she slipped and fell while
descen...yle should support, not thwart, the legibility of printed matter, especially when the
printed material seeks to restrict a passenger s legal rights.
43-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.
44-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.
45-CITE: 430 So.2d 563 The STATE of Florida, Appellant, v. Patrick MILWOOD, Appellee.
TEXT: HENDRY, Judge. The State appeals from an order granting the defendant s motion to suppress
e...t evidentiary support in the record, we conclude that the trial judge applied an erroneous rule
of law, and we must reverse. Reversed and remanded.
46-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.
47-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.
48-CITE: 500 So.2d 746 In re: FORFEITURE OF U.S. CURRENCY, $8,460.00 DELTA AIRLINE TICKET ($179.00)
TEXT: LETTS, Judge. We reverse the trial court and order the return of the currency on the
authori...of Williams v. Miller, 433 So.2d 33 (Fla. 5th DCA 1983), and Doersam v. Brescher, 468
So.2d 427 (Fla. 4th DCA 1985). WALDEN and STONE, JJ., concur.
49-CITE: 545 So.2d 517 Birinderjit SINGH, Sundeep Kumar, and Suchpreet Dhillon, Appellants, v. The
STATE of Florida, Appellee.
TEXT: REVISED OPINION PER CURIAM. This is an appeal by the defendants Birinderjit Singh and
Suchp...eview are reversed, and the cause is remanded to the trial court with directions to
discharge the defendants from the cause. Reversed and remanded.
50-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.
51-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.
52-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.
53-CITE: 679 So.2d 1248 STATE of Florida, Appellant, v. Darin L. WILLIAMS, Appellee.
TEXT: PER CURIAM. We hold that appellant s arrest, search and seizure were lawful; therefore, we
r... the deputy shining his flashlight inside the vehicle. See also Ensor v. State, 403 So.2d 349
(Fla.1981). GLICKSTEIN, STONE and GROSS, JJ., concur.
54-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.
55-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]
56-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.
57-CITE: 468 So.2d 429 Hank WILLIAMS, Jr., etc., Appellant, v. Robert HARDY, etc., Appellee.
TEXT: COWART, Judge. We affirm a final judgment based on a jury verdict awarding $98,606 in
damage...ury s verdict. As to speculative damages generally, see Twyman v. Roell, 123 Fla. 2, 166
So. 215 (1936). AFFIRMED. DAUKSCH and SHARP, JJ., concur.
58-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.
59-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.
60-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.
61-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.
62-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.
63-CITE: 464 So.2d 197 The STATE of Florida, Appellant, v. Luis Javier SANTAMARIA, Appellee.
TEXT: HENDRY, Judge. The defendant was charged with trafficking in cocaine in violation of
section...er burden of proof on the voluntariness issue where the defendant is a foreigner or
non-English speaking person. Restrepo v. State, 438 So.2d at 78.
64-CITE: 444 So.2d 1066 LUFTHANSA GERMAN AIRLINES CORPORATION, Appellant, v. Mr. and Mrs. Matthew T.
MELLON, Appellees.
TEXT: PER CURIAM. This is an appeal from a partial summary judgment determining the issue of
liabi... up insubstantial paper issues. Connolly v. Sebeco, Inc., 89 So.2d 482 (Fla.1956). The
partial summary judgment under review is therefore Affirmed.
65-CITE: 536 So.2d 373 Steven D. JACOBSEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Jacobsen appeals the trial court s order revoking his probation and imposing
...in itself criminal, and (3) requires or forbids conduct which is not reasonably related to
future criminality. 378 So.2d at 9 (citations omitted).
66-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.
67-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.
68-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.
69-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.
70-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.
71-CITE: 587 So.2d 662 The STATE of Florida, Appellant, v. Clarence HALL, Appellee.
TEXT: PER CURIAM. This case is one the State probably should have left unreviewed because it
gives... So.2d 698 (Fla. 3d DCA 1987) (walking away from police in a high-crime area does not
constitute reasonable suspicion to justify search). Affirmed.
72-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.
73-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.
74-CITE: 466 So.2d 331 Tulio ALZATE, Appellant, v. The STATE of Florida, Appellee.
TEXT: JORGENSON, Judge. The issues in this case turn on the credibility of the investigating
offic...s ruling on the dispositive suppression issue was erroneous, I would reverse the conviction
and sentence with directions to discharge the appellant.
75-CITE: 544 So.2d 294 J. Frank ARNOLD, III, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. The appellant, Frank Arnold, pled nolo contendere to possession of
cocain..., therefore, reverse and remand with instructions that the appellant be discharged.
Reversed and remanded. SCHOOVER, A.C.J., and HALL, J., concur.
76-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.
77-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.
78-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.
79-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.
80-CITE: 435 So.2d 871 Joseph IAPICHINO, Appellant, v. STATE of Florida, Appellee.
TEXT: BERANEK, Judge. The defendant appeals his conviction and sentence for trafficking in
cocaine...s for the initial detention. The defendant raises several other issues, none of which are
of merit. AFFIRMED. DOWNEY and GLICKSTEIN, JJ., concur.
81-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.
82-CITE: 544 So.2d 1112 Jorge RADA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The Defendant, Jorge Rada, was convicted of trafficking in cocaine in violation
...bail-jumping. Affirmed in part; reversed in part. ------------ (FN1) The defendant was
subsequently acquitted on the obstruction of justice charge.
83-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.
84-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.
85-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.
86-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.
87-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.
88-CITE: 459 So.2d 436 Juan BARQUIN, Appellant, v. Orestes FLORES and Jose Flores, Appellees.
TEXT: BASKIN, Judge. Florida courts have consistently held that gambling obligations, even if
vali...ng proceeds he sought to recover derived from a Puerto Rican lottery ticket lawfully
purchased by a Puerto Rican resident in Puerto Rico. Affirmed.
89-CITE: 479 So.2d 816 STATE of Florida, Appellant, v. Bryan Kent ANDERSON, Appellee.
TEXT: ANSTEAD, Judge. This is an appeal by the state from a trial court order holding that the
pol...d that the officer lacked a founded suspicion to support the detention herein. The Motion to
Suppress is granted. DOWNEY and WALDEN, JJ., concur.
90-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.
91-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.
92-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.
93-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.
94-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.
95-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.
96-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.
97-CITE: 566 So.2d 1377 AIRLINES REPORTING CORPORATION, Appellant, v. INCENTIVE INTERNATIONALE TRAVEL,
INC., etc., Appellee.
TEXT: COWART, Judge. This case involves a question of whether a temporary injunction can be used
t...ty and for resolution of the primary basic issues framed by the pleadings. REVERSED AND
REMANDED WITH DIRECTIONS. DAUKSCH and HARRIS, JJ., concur.
98-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.
99-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.
100-CITE: 662 So.2d 440 STATE of Florida, Appellant, v. Brandon Ferrell BROOKS, Eubia Undre Walker,
Appellees.
TEXT: PER CURIAM. AFFIRMED. HARRIS and ANTOON, JJ., concur. W. SHARP, J., dissents with
opinion.... regarding the traffic stop, and they were not then complete when probable cause to
search arose. ------------ (FN4) Art. 1, Section 12, Fla. Const.
101-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.
102-CITE: 510 So.2d 321 Terrance BOSTICK, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. LETTS, WALDEN and STONE, JJ., concur. *322 ON PETITION FOR
REHEARING... litmus test and my dissenting opinion is therefore confined to the totality of the
facts and circumstances now before this court. I WOULD REVERSE.
103-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.
104-CITE: 630 So.2d 1177 Betty HAYNES and Linda Courson, Appellants, v. DEPARTMENT OF THE LOTTERY, a
Department of the State Government of the State of Florida; Control Data Corporation, a foreign
corporation; and Johnson & Johnson, Inc., a Florida corporation d b a Johnson & Johnson #9,
Appellees.
TEXT: Mickle, Judge. Appellants, Betty Haynes and Linda Courson, appeal a final judgment rendered
...ble cause of action in this case would open the door to innumerable and unenforceable deceptive
practices. AFFIRMED. SMITH and ALLEN, JJ., concur.
105-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.
106-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.
107-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.
108-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.
109-CITE: 484 So.2d 67 Jeffrey NEASE a k a Michael Colwell a k a Louis Poynter, Appellant, v. STATE of
Florida, Appellee.
TEXT: ON REMAND PER CURIAM. Appellant was tried and convicted in 1982 for trafficking in cocaine
...ction for trafficking in cocaine. AFFIRMED IN PART AND REVERSED IN PART. DOWNEY and WALDEN,
JJ., and HURLEY, DANIEL T.K., Associate Judge, concur.
110-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.
111-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.
112-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).
113-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.
114-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.
115-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.
116-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.
117-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.
118-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.
119-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.
120-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.
121-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.___
122-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.
123-CITE: 510 So.2d 1063 TRINH TRUNG DO, Appellant, v. AMOCO OIL COMPANY and Florida Unemployment
Appeals Commission, Appellees.
TEXT: HERSEY, Chief Judge. This is an appeal from a ruling of the Unemployment Appeals Commission
...l competent evidence to support the holding of the Florida Unemployment Appeals Commission, and
we affirm. AFFIRMED. DELL and WALDEN, JJ., concur.
124-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.
125-CITE: 559 So.2d 406 Gelindo ( Lindy ) INFANTE, Appellant, v. JACKSONVILLE BULLS FOOTBALL, LTD. and
Jax Professionals, Inc., Appellees.
TEXT: BOOTH, Judge. This cause is before us on appeal from an order of the trial court rejecting
a...(FN1) For a full description of the challenged transfers, see Jacksonville Bulls Football, Ltd.
v. Blatt, 535 So.2d 626, 627-628 (Fla. 3d DCA 1988).
126-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.
127-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.
128-CITE: 508 So.2d 546 Serafin Joseph ROSA, Jr., Appellant Cross-appellee, v. The STATE of Florida,
Appellant Cross-appellee.
TEXT: HENDRY, Judge. The defendant appeals from a judgment of conviction and sentence entered
foll... mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of $250,000.
*549 Affirmed in part, reversed in part, and remanded.
129-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.
130-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.
131-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.
132-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.
133-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.
134-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.
135-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.
136-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.
137-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.
138-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.
139-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.
140-CITE: 700 So.2d 451 Regla HERNANDEZ, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee.
TEXT: POLEN, Judge. The counter-plaintiff in an automobile accident case, Regla Hernandez,
appeals...one, Hernandez was deprived of a fair trial. REVERSED and REMANDED for a new trial in
accordance with this opinion. WARNER and GROSS, JJ., concur.
141-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.
142-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.
143-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.
144-CITE: 605 So.2d 153 George SANDERS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Reversed on the authority of Florida v. Bostick, 501 U.S. --, 111 S.Ct. 2382,
11...s case, and the court defined this as an encounter rather than a detention. I think that
satisfies Florida v. Bostick, and I see no need to reverse.
145-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.
146-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.
147-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.
148-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.
149-CITE: 610 So.2d 38 STATE of Florida, Appellant, v. Solomon HARDY, Appellee.
TEXT: GOSHORN, Chief Judge. The State of Florida appeals from the trial court s order suppressing
...the weapon was concealed is a fact question to be decided by the jury. *42 I believe the
majority position is in conflict with Ensor and I dissent.
150-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.
151-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.
152-CITE: 448 So.2d 1002 NIKKO GOLD COAST CRUISES, et al., Petitioners, v. KARL GULLIFORD, et al.,
Respondents.
TEXT: ADKINS, Justice. We have before us for discretionary review Gulliford v. Nikko Gold Coast
Cr... detail that Rowe differs significantly from the present case. There being no express and
direct conflict, the petition for review should be denied.
153-CITE: 572 So.2d 1022 Gary J. DAVIS, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The appellant, Gary J. Davis, challenges the trial court s order that he pay
$3...red the theater during Act I, Scene I or Act II, Scene I, you still owe the full price of the
ticket. AFFIRMED. DAUKSCH and PETERSON, JJ., concur.
154-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.
155-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.
156-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.
157-CITE: 528 So.2d 369 THE FLORIDA BAR, Complainant, v. Bret S. CLARK, Respondent.
TEXT: PER CURIAM. This cause is before the Court for consideration of the findings and
recommendat...st respondent for which sum let execution issue. It is ordered. EHRLICH, C.J. and
OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
158-CITE: 739 So.2d 699 Miranda Yevette AMES, Appellant, v. STATE of Florida, Appellee.
TEXT: PADOVANO, J. Miranda Yvette Ames, the defendant, appeals her conviction for trafficking in
c...evidence that was the subject of the motion shall be excluded in any retrial of the case.
Reversed and remanded. JOANOS and BROWNING, JJ., CONCUR.
159-CITE: 556 So.2d 480 Kuldip Singh MUNDI, Petitioner, v. The STATE of Florida, Respondent.
TEXT: PER CURIAM. The petitioner requests this court to enter a writ of mandamus to direct the
Sta...ppellate Procedure, is subject to the Federal detainer that is currently lodged against the
petitioner. Petition for writ of habeas corpus granted.
160-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.
161-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.
162-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.
163-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.
164-CITE: 587 So.2d 1186 William Henry GILLIAM, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. See Thomas v. State, 583 So.2d 336 (Fla. 5th DCA 1991). W. SHARP,
and... DCA), rev. den., 438 So.2d 834 (Fla.1983); Thomas v. State, 424 So.2d 193 (Fla. 5th DCA
1983); Alvarez v. State, 403 So.2d 1005 (Fla. 3d DCA 1981).
165-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.
166-CITE: 663 So.2d 616 INQUIRY CONCERNING a Judge, No. 94-222 re: Raphael STEINHARDT
TEXT: PER CURIAM. This case is before the Court upon a notice of formal charges brought by the
Jud...rdt for improper conduct by a judicial officer. It is so ordered. GRIMES, C.J., and OVERTON,
SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
167-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.
168-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.
169-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.
170-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.
171-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.
172-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.
173-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.
174-CITE: 593 So.2d 494 Terrance BOSTICK, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We have Florida v. Bostick, -- U.S. --, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991),
...line the officers requests or otherwise terminate the encounter. See 111 S.Ct. at 2389.
Accordingly, I dissent. SHAW, C.J., and KOGAN, J., concur.
175-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.
176-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.
177-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.
178-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.
179-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.
180-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.
181-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.___
182-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.
183-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.
184-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.
185-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.
186-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.
187-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.
188-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.
189-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.
190-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.
191-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.
192-CITE: 655 So.2d 1164 David McDONALD and Elizabeth McDonald, Appellants, v. FLORIDA DEPARTMENT OF
TRANSPORTATION; I.C.F. Kaiser Engineers, Inc., an Ohio corporation, and Howard Needles Tammen &
Bergendorf Architects & Engineers, Inc., a Florida corporation, as a joint venture; Beiswenger, Hoch
& Associates, Inc., a Florida corporation; Post, Buckley, Schuh & Jernigan, Inc., a Florida
corporation; Harbert International, Inc., a Delaware corporation, and Westbrook, Inc., a Colorado
corporation, as a joint venture; Bergeron Land Development, Inc., a *1165 Florida corporation; Oscar
H. Velez; Jam Transportation, Inc., a Florida corporation; Jesus Martinez; Siboney Contracting Co.,
Inc., a Florida corporation; and Florida Safety Equipment Co., Inc. d b a Florida Flashers, a
Florida corporation, Appellees.
TEXT: GUNTHER, Judge. The Court orders that the above-styled case numbers are consolidated for
pur...trial court for further proceedings consistent with this opinion. AFFIRMED IN PART; REVERSED
IN PART AND REMANDED. HERSEY and WARNER, JJ., concur.
193-CITE: 614 So.2d 468 Carl L. THOMAS, Petitioner, v. STATE of Florida, Respondent.
TEXT: BARKETT, Chief Justice. We have for review Thomas v. State, 583 So.2d 336 (Fla. 5th DCA
1991...pprove the decision below but disapprove the court s reasoning. It is so ordered. OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
194-CITE: 482 So.2d 582 Theresa H. COTTON, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Poppa Jay
s, Inc., Appellees.
TEXT: COBB, Chief Judge. This is an appeal from a decision of the Unemployment Appeals Commission
...ul or negligent as to constitute misconduct as defined by section 443.036(24), Florida Statutes
(1983). REVERSED. UPCHURCH and SHARP, JJ., concur.
195-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.
196-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.
197-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.
198-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.
199-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.
200-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.
201-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.
202-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.
203-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.
204-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).
205-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.
206-CITE: 492 So.2d 1136 Carl William HALLMAN, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Carl Hallman seeks review by certiorari of a decision of the circuit court
sitti... the county court to vacate Hallman s second conviction for driving with a suspended
license. GRIMES, A.C.J., and SCHOONOVER and HALL, JJ., concur.
207-CITE: 555 So.2d 849 Lloyd DUEST, Petitioner, v. Richard L. DUGGER, etc., Respondent. Lloyd DUEST,
Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is a petition for writ of habeas corpus and an appeal from the denial of a
...o ordered. EHRLICH, C.J., and OVERTON, McDONALD, GRIMES and KOGAN, JJ., concur. SHAW, J.,
concurs in result only. BARKETT, J., concurs in result.
208-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.
209-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.
210-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.
211-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).
212-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.
213-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.
214-CITE: 583 So.2d 779 Christopher Todd MOFFATT, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant was convicted of two counts of possession of controlled
substanc... and III and REMAND with directions that the court grant appellant s motion for judgment
of acquittal on those counts. ALLEN and WOLF, JJ., concur.
215-CITE: 645 So.2d 970 INQUIRY CONCERNING a Judge, No. 92-397, re Evelyn D. GOLDEN.
TEXT: PER CURIAM. This proceeding is before us pursuant to a stipulation between the Florida
Judic...uct by a judicial officer. It is so ordered. GRIMES, C.J., and OVERTON, SHAW, KOGAN,
HARDING and WELLS, JJ., and McDONALD, Senior Justice, concur.
216-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.
217-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).
218-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.
219-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.
220-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.
221-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.
222-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.
223-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.
224-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.
225-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).
226-CITE: 683 So.2d 568 Fred W. SCHLOTTERLEIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. PETERSON, C.J., and GOSHORN, J., concur. W. SHARP, J., dissents
with... harmless. I would reverse the convictions and remand for a new trial. ------------ (FN4)
Shorter v. State, 532 So.2d 1110, 1111 (Fla. 3d DCA 1988).
227-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.
228-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.
229-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.
230-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.
231-CITE: 593 So.2d 1110 John POWELL a k a Peters, Appellant, v. STATE of Florida, Appellee.
TEXT: WOLF, Judge. Powell appeals from a final judgment and sentence for trafficking in more than
...N and WIGGINTON, JJ., concur. ------------ (FN2) Later evidence established that appellant
boarded the train at the station indicated on the ticket.
232-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.
233-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.
234-CITE: 609 So.2d 1304 The WACKENHUT CORPORATION, etc., et al., Petitioners, Cross-Respondents, v.
Albert LIPPERT, et ux., Respondents, Cross-Petitioners.
TEXT: GRIMES, Justice. We review Wackenhut Corp. v. Lippert, 591 So.2d 215, 219 (Fla. 4th DCA
1991... on this question, and there is no good reason in law or policy to avoid construing the
ambiguity so as to achieve the most logical and fair result.
235-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.
236-CITE: 745 So.2d 997 John Issac HUDSON, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. John Isaac Hudson pleaded guilty to an attempted lewd and lascivious act
...Mr. Hudson s intent, nor undermine the propriety of the trial court s denial of his motions.
Affirmed. PATTERSON, C.J., and CASANUEVA, J., Concur.
237-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.
238-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.
239-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.
240-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.
241-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.
242-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.
243-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.
244-CITE: 559 So.2d 1101 In re FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS--CIVIL TRAFFIC
INFRACTION HEARING OFFICER PILOT PROGRAM.
TEXT: PER CURIAM. The Traffic Court Review Committee of this Court submitted proposed amendments
t...comply with all of the Code of Judicial Conduct requrements for part-time judges, including A(2)
of the Compliance section. EHRLICH, C.J., concurs.
245-CITE: 433 So.2d 545 Gilbert Lee HORVITZ, Appellant, v. STATE of Florida, Appellee.
TEXT: BERANEK, Judge. The defendant appeals his conviction and sentence for trafficking in
cocaine...cise judicial restraint in this area, such as by recognizing, as does the ordinary
reasonably prudent man, that where there is smoke, there is fire.
246-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.
247-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.
248-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).
249-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.
250-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.
251-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.---
252-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.
253-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).
254-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.
255-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.
256-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.
257-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.
258-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.
259-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.
260-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).
261-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.
262-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).
263-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.
264-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.
265-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.
266-CITE: 710 So.2d 132 Danny EVANS, Appellant, v. HANDI-MAN TEMPORARY SERVICES and RISCORP, Appellees.
TEXT: BENTON, Judge. This case requires us to decide whether a day laborer who was injured
traveli...erformance of the employee s job responsibility. Section 440.092(4), Fla.Stat. (1995).
Reversed and remanded. ERVIN and VAN NORTWICK, JJ., concur.
267-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.
268-CITE: 597 So.2d 369 Christopher BROWN, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Christopher Brown, appeals his conviction for grand theft raising
iss...t. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988) and State v. Neil, 457 So.2d
481 (Fla.1984), we reverse and remand for a new trial.
269-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.
270-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.
271-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.
272-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
Depart