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
Department, Appellees.
TEXT: STEVENSON, Judge. This case arises out of a multi-vehicle collision that occurred at the
int...en summary judgment may not be entered. See Moore v. Morris, 475 So.2d 666 (Fla.1985).
REVERSED and REMANDED. GLICKSTEIN and SHAHOOD, JJ., concur.
273-CITE: 508 So.2d 747 Anthony FITZGERALD, Appellant, v. METRO DADE COUNTY and The Metro Dade Police
Department, Appellees.
TEXT: BARKDULL, Judge. This is an appeal from a final order requiring the appellant to forfeit
his...elf was never subjected to the property room atmosphere. Therefore, the final judgment of
forfeiture appealed herein is hereby affirmed. Affirmed.
274-CITE: 723 So.2d 313 Michael Patrick MURPHY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant challenges his convictions of aggravated fleeing or attempting to
elud...ell, 719 So.2d 1245, 23 Fla.L.Weekly D2348 (Fla. 1st DCA 1998). AFFIRMED. MINER and
LAWRENCE, JJ., and McDONALD, PARKER LEE, Senior Judge, concur.
275-CITE: 596 So.2d 725 DART INDUSTRIES, INC., Appellant, v. DEPARTMENT OF LABOR AND EMPLOYMENT
SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION, Appellee.
TEXT: GOSHORN, Chief Judge. Dart Industries, Inc. (Dart) appeals from the final order of the
Divis...t takers are employees of Dart for purposes of unemployment compensation. AFFIRMED in part,
REVERSED in part. PETERSON and DIAMANTIS, JJ., concur.
276-CITE: 706 So.2d 350 STATE of Florida, Appellant, v. Kinsey Lee MAE, Appellee.
TEXT: ALTENBERND, Acting Chief Judge. The State appeals the trial court s order granting Kinsey
Le...e trial court of either of these issues. Accordingly, this court cannot reverse the order on
appeal. Affirmed. WHATLEY and NORTHCUTT, JJ., concur.
277-CITE: 656 So.2d 947 Desinut LIMOSE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. HARRIS, Chief Judge. The issue on appeal is whether State v. Weller, 590 So.2d
...d to require that the trial court inform the jury as to exactly what the various sentences might
be. AFFIRMED. W. SHARP and PETERSON, JJ., concur.
278-CITE: 535 So.2d 666 Gilberto LOPEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: DELL, Judge. Gilberto Lopez appeals from his convictions for trafficking in cocaine and
cons...nvictions of trafficking in cocaine and conspiracy to traffic in cocaine in excess of four
hundred grams. REVERSED. LETTS and WALDEN, JJ., concur.
279-CITE: 596 So.2d 1139 Walter O. BRADFORD, Jr., and Janice K. Bradford, his wife, Richard Allen Cabral
and Donna S. Cabral, his wife, Appellants, v. William Clyde LEWIS, White Star Carriers, Inc., and
Florida Trailer Sales, Inc., Appellees.
TEXT: PER CURIAM. AFFIRMED. The appellants claim reversible error in the trial court s failure to
... the ruling prejudiced appellant. See Irwin v. Blake, 589 So.2d 973, 974 (Fla. 4th DCA 1992)
(Polen, J., concurring in part and dissenting in part).
280-CITE: 456 So.2d 1233 METROPOLITAN DADE COUNTY, Appellant, v. Ramon V. COLINA, as Personal
Representative of the Estate of Martha Colina, deceased, Appellee.
TEXT: NESBITT, Judge. Dade County appeals a final judgment rendered on a jury verdict in a
wrongfu...rsons could not differ on the proximate cause issue, we reverse the trial court s order
denying the county s motion for directed verdict. Reversed.
281-CITE: 711 So.2d 1275 Virgilio SOTO, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, Judge. Appellant, whose driver s license had previously been suspended, was given a
t...retation of an ambiguous statute by an agency gives way to the rule of lenity. Crandon v. U.S.,
494 U.S. 152, 110 S.Ct. 997, 108 L.Ed.2d 132 (1990).
282-CITE: 453 So.2d 175 Rafael Louis RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIMES, Acting Chief Judge. Once again we are required to interpret custody for purposes of
...uence, we have no alternative but to set aside Appellant s conviction and direct that he be
discharged. REVERSED. SCHEB and CAMPBELL, JJ., concur.
283-CITE: 643 So.2d 78 YELLOW CAB COMPANY OF TAMPA, INC., a Florida corporation, Joseph A. Russo, and
Gordon Stanley Miller, Appellants, v. PFIZER PHARMACEUTICALS, INC., Appellee.
TEXT: FRANK, Chief, Judge. Gregory Bolds, a passenger in a Yellow Cab, was injured when the cab
wa.... 1st DCA 1962). Accordingly, we reverse the final judgment and remand for a new trial.
Reversed and remanded. PATTERSON and FULMER, JJ., concur.
284-CITE: 545 So.2d 294 MIAMI DOLPHINS, LTD. and Dolphins Stadium Corporation, Appellants, v. GENDEN &
BACH, P.A. and Ed Gorman, Inc., Appellees.
TEXT: PER CURIAM. Miami Dolphins, Ltd. and Dolphin Stadium Corporation appeal declaratory relief
g...wer and discovery, appellants cannot now complain that such waiver was improper or ineffective.
Accordingly, the judgment under review is affirmed.
285-CITE: 546 So.2d 118 Junior Dewayne MALONEY, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. The defendant, Junior Dewayne Maloney, was convicted of five
crim...e the defendant s convictions and sentences for the possession and delivery counts. We remand
for resentencing. DANAHY and THREADGILL, JJ., concur.
286-CITE: 537 So.2d 95 Willie Mae ROBINSON, Petitioner, v. STATE of Florida, Respondent.
TEXT: BARKETT, Justice We have for review Robinson v. State, 526 So.2d 164 (Fla. 4th DCA 1988),
wh...ith. Accordingly, we affirm the district court below. It is so ordered. EHRLICH, C.J., and
OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.
287-CITE: 652 So.2d 427 Kathleen HUTT, etc., et al., Appellants, v. Hazel NICHOLS, et al., Appellees.
TEXT: W. SHARP, Judge. Hutt and her husband appeal from a final order dismissing their amended
com...(FN3) Vienneau v. Metropolitan Life Ins. Co., 548 So.2d 856, 858 (Fla. 4th DCA 1989); Poulos
v. Vordermeier, 327 So.2d 245, 246 (Fla. 4th DCA 1976).
288-CITE: 506 So.2d 495 STATE of Florida, Appellant, v. Luis Felipe CARRILLO, Appellee.
TEXT: COBB, Judge. The state timely appeals an order granting a motion to suppress made by
appelle...demeanor offense in the officer s presence. DISCRETIONARY REVIEW ACCEPTED; ORDER OF
SUPPRESSION QUASHED. UPCHURCH, C.J., and ORFINGER, J., concur.
289-CITE: 606 So.2d 1210 STATE of Florida, Appellant, v. Dennis MILLER, Appellee.
TEXT: HALL, Judge. The state challenges the order granting Dennis Miller s motion to suppress,
all...verse the order granting Miller s motion to suppress and remand with directions consistent
with this opinion. RYDER, A.C.J., and FRANK, J., concur.
290-CITE: 613 So.2d 918 Jerry Jack KELLEY, Edward Norman Mathewson, Henry John Zpaitz, and Richard
Edward Berard, Appellants, v. Willie SCHMIDT, Appellee.
TEXT: MUSLEH, V.J., Associate Judge. Appellants seek reversal of the trial court s order striking
...ore this court, the appellants attorney was unable to offer any reason or excuse for his many
failures to comply with those orders. I would affirm.
291-CITE: 566 So.2d 829 Carlos GUEITS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse the defendant s convictions for trafficking in cocaine and
conspiracy... remanded to the trial court with directions to discharge the defendant. See King.
REVERSED AND REMANDED. DOWNEY, GUNTHER and WARNER, JJ., concur.
292-CITE: 505 So.2d 566 Evelyn STARK, as Personal Representative of the Estate of Steven Aric Stark,
deceased, Appellant, v. BAILEY DRAINAGE DISTRICT, a political subdivision of the State of Florida
and Broward County, Florida, a Political Subdivision of the State of Florida, Appellees.
TEXT: ANSTEAD, Judge. In this action for wrongful death, the trial court entered a summary final
j...t proper warnings, appellant should be held to the burden of proving the causal relationship to
this accident as well as to the two prior accidents.
293-CITE: 697 So.2d 956 STATE of Florida, Appellant, v. Irvin ST. JEAN, Appellee.
TEXT: PER CURIAM. The state seeks review of an order of the lower court suppressing evidence
seize...5). (FN2) It appears that they as used in the statute, refers to identification marks. If
they refers to plates, the state s position is no better.
294-CITE: 557 So.2d 68 Zoila RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: GERSTEN, Judge. Appellant, Zoila Rodriguez, appeals the denial of her motion to suppress
coc...enied, 450 U.S. 982, 101 S.Ct. 1519, 67 L.Ed.2d 818 (1981), and State v. Baez, 530 So.2d 405
(Fla. 3d DCA 1988). I therefore concur in the judgment.
295-CITE: 470 So.2d 826 Alan K. HEARN, Appellant, v. STATE of Florida, Appellee.
TEXT: SANDERLIN, JAMES B., Associate Judge. Alan K. Hearn, a first time felony offender, appeals
h...ed and remand to the trial court for resentencing within the presumptive range under the
sentencing guidelines. RYDER, C.J., and LEHAN, J., concur.
296-CITE: 636 So.2d 172 Doris WELCH, Appellant, v. Everett S. RICE, Sheriff of Pinellas County, and
Pinellas County, a political subdivision of the State of Florida, Appellees.
TEXT: PER CURIAM. Doris Welch appeals from a final summary judgment in favor of Everett S. Rice,
S...and remand for further proceedings consistent with this opinion. Reversed and Remanded.
PATTERSON, A.C.J., and ALTENBERND and QUINCE, JJ., concur.
297-CITE: 523 So.2d 189 Margaret H. OLIVER and Carlton A. Oliver, her husband, Appellants, v. David S.
EISENMAN, Appellee.
TEXT: ZEHMER, Judge. The Olivers appeal a jury verdict finding defendant David Eisenman not
guilty... not particularly relevant to the facts of the case, any error in giving the instruction
was harmless. AFFIRMED. BOOTH and WIGGINTON, JJ., concur.
298-CITE: 531 So.2d 1036 Josephine BARONE, Appellant, v. SCANDINAVIAN WORLD CRUISES (BAHAMAS), LTD., a
Bahamian corporation, and Trans-American Services, Ltd., a Bahamian corporation, and Trans-American
Services, Ltd., a foreign corporation, Appellees.
TEXT: DANIEL S. PEARSON, Judge. This is an appeal from a summary judgment entered for the
defendan... status of Trans-American as agent or independent contractor are one thing for
limitations purposes and may be quite another for liability purposes.
299-CITE: 530 So.2d 296 STATE of Florida, Petitioner, v. Linford FLETCHER, Respondent.
TEXT: EHRLICH, Chief Justice. We have for our review Fletcher v. State, 508 So.2d 506 (Fla. 4th
DC...consideration of the sentence under the rationale of Albritton. It is so ordered. OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
300-CITE: 655 So.2d 1310 Jean C. GORR, Appellant, v. SHERIDAN TRAVELS, INC., and Florida Unemployment
Appeals Commission, Appellees.
TEXT: PER CURIAM. We reverse, as manifestly against the weight of the evidence, the decision of
th...r employment. Accordingly, we reverse and direct that Appellant be deemed qualified to receive
benefits. GLICKSTEIN, STONE and FARMER, JJ., concur.
301-CITE: 516 So.2d 984 Diane JAMES, etc., Appellant, v. CONSOLIDATED INNS OF DAYTONA BEACH, etc.,
Appellee.
TEXT: PER CURIAM. AFFIRMED. UPCHURCH, C.J., and COWART, J., concur. DAUKSCH, J., dissents with
o... a duty to warn of the danger of unsupervised automobile traffic. Taken together I cannot see
how this summary judgment is proper--it s a jury case.
302-CITE: 549 So.2d 1172 STATE of Florida, Appellant, Cross-Appellee, v. Steven Larry DROLET,
Appellee-Cross-Appellant.
TEXT: LEHAN, Acting Chief Judge Defendant cross-appeals from his convictions and sentences for
tra... trial as to that crime. The state s contention on appeal is moot. Reversed and remanded for
a new trial. THREADGILL and ALTENBERND, JJ., concur.
303-CITE: 601 So.2d 1261 Darrell Allan WINKFIELD, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Darrell Allan Winkfield from final judgments
...ctivity. Cruz; Hunter. Finally, we fail to see how objective entrapment has anything whatever to
do with the resisting arrest conviction. Affirmed.
304-CITE: 437 So.2d 719 BROWARD COUNTY, Appellant, v. James H. PAYNE, etc., et al., Appellees. James H.
PAYNE, etc., et al., Appellants, v. CITY OF CORAL SPRINGS, Appellee. James H. PAYNE, etc., et al.,
Appellants, v. Steven WALLICE, etc., et al., Appellees.
TEXT: LETTS, Judge. The principal question presented in these consolidated appeals is whether the
...n favor of the County and remand this cause for entry of a judgment in accordance herewith.
REVERSED AND REMANDED. HERSEY and WALDEN, JJ., concur.
305-CITE: 478 So.2d 1203 Davy WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. We affirm appellant s conviction for conspiracy to traffic in cocaine upon
a...de appellant was predisposed to commit the crime charged. See Cruz v. State, 465 So.2d 516
(Fla.1985). AFFIRMED. ORFINGER and COWART, JJ., concur.
306-CITE: 658 So.2d 144 Alphonso RODDY, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Police stopped Alphonso Roddy in his motor vehicle for having an inoperative
tai... well as the great public importance of the question, we certify the issue posed and ask that
this case be paired for review with Daniel. Affirmed.
307-CITE: 656 So.2d 550 James Joseph SPERA, Appellant Cross-Appellee, v. STATE of Florida, Appellee
Cross-Appellant.
TEXT: QUINCE, Judge. The appellant cross-appellee, James Joseph Spera, appeals his conviction for
...dgment of acquittal with directions to reinstate the jury verdict. In all other respects, we
affirm. SCHOONOVER, A.C.J., and PATTERSON, J., concur.
308-CITE: 588 So.2d 1014 Sanon V. JOSEPH, Appellant, v. STATE of Florida, Appellee. Raymond FRANCOIS,
Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Because both of these appeals arise from the same facts and are disposed
o... are remanded for further proceedings consistent with this opinion. Reversed and remanded with
instructions. SCHEB, A.C.J., and RYDER, J., concur.
309-CITE: 725 So.2d 1143 STATE of Florida, Appellant, v. Shantavious Augusta WILSON, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. The State challenges the trial court order granting appellee
s...violence and the resulting search were therefore proper. Accordingly, we reverse and remand for
further proceedings. FRANK and GREEN, JJ., concur.
310-CITE: 642 So.2d 1165 Pierre PICHETTE, Alan Yarkin, and Gaytan Mayrand Torres, Appellants, v. CITY OF
NORTH MIAMI and Performing Arts Management of North Miami, Inc., Appellees.
TEXT: PER CURIAM. The final summary judgment under review is affirmed upon a holding that the
appe...zoning ordinance. See Ennis v. Warm Mineral Springs, Inc., 203 So.2d 514, 517 (Fla. 2d DCA
1967), cert. denied, 210 So.2d 870 (Fla.1968). Affirmed.
311-CITE: 484 So.2d 89 Annie M. WILLIAMS, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Volusia
Transit Management, Inc., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a denial of unemployment compensation benefits.
Appe...proceedings as are deemed appropriate and not inconsistent. Order quashed; remanded.
UPCHURCH, J., concurs. COWART, J., dissents without opinion.
312-CITE: 543 So.2d 298 Dwight Maurice MONROE, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. Reserving his right to appeal the denial of his motion to suppress, the
app...ng because that stop resulted in his seizure. State v. Montano, 527 So.2d 916 (Fla. 3d DCA
1988); Adams v. State, 523 So.2d 190 (Fla. 1st DCA 1988).
313-CITE: 566 So.2d 592 Terrance DUBOSE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Terrance Dubose, challenges the judgments and sentences imposed
again...llant may be resentenced with a properly prepared scoresheet. We affirm in all other
respects. SCHOONOVER, C.J., and DANAHY and FRANK, JJ., concur.
314-CITE: 487 So.2d 1182 Manuel SIGNO and Yrma Signo, Appellants, v. PHILLIP MORRIS, INC., Gelco Leasing
Corporation and Richard Wasko, Appellees.
TEXT: WALDEN, Judge. An automobile struck a pedestrian standing in the street. The pedestrian
sued... even though the jury found the defendant free of actionable negligence and the only issue on
appeal concerns the propriety of the jury instruction.
315-CITE: 550 So.2d 1190 Allen Lloyd KINMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Judge. Kinman appeals from his sentences imposed after pleading nolo contendere to
tw...icense and privilege to drive of such person as of the date of such failure and shall send
such person notice of such suspension. (emphasis added)
316-CITE: 731 So.2d 787 Patricio SANTIAGO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Patricio Santiago raised five issues in his motion for postconviction relief.
Th...propriate version of section 322.34, Florida Statutes. Affirmed in part, reversed in part, and
remanded. MINER, BENTON, and BROWNING, JJ., CONCUR.
317-CITE: 576 So.2d 392 Charley Patrick ADKINS, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals his convictions, after jury trial, of trafficking in
sto...on on the original scoresheet, have been reversed. AFFIRMED in part, REVERSED in part and
REMANDED for resentencing. BOOTH and SMITH, JJ., concur.
318-CITE: 656 So.2d 546 STATE of Florida, Appellant, v. Thomas Daniel ENGEL, Appellee.
TEXT: PETERSON, Judge. The State of Florida appeals the dismissal of an information charging
Thoma...t to have the matter disposed of in county court was a nullity. REVERSED and REMANDED TO
THE CIRCUIT COURT. HARRIS, C.J., and GRIFFIN, J., concur.
319-CITE: 539 So.2d 577 Felton WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The appellant, Felton White, challenges his conviction for possession of a
fire...n without any culpable mental state, contrary to established Florida law. REVERSED AND
REMANDED FOR NEW TRIAL. SHARP C.J., and DANIEL, J., concur.
320-CITE: 438 So.2d 905 Phil R. BAKER, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIMES, Acting Chief Judge. This is an appeal from a conviction of grand theft in which the
...ermit an undisclosed witness to testify without sanctions was not conducted and the error was
certainly not harmless. I would reverse for new trial.
321-CITE: 712 So.2d 386 THE FLORIDA BAR, Complainant, v. Gregory G. SCHULTZ, Respondent.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar and the referee s report
reg...e. It is so ordered. KOGAN, C.J., OVERTON, HARDING, WELLS and ANSTEAD, JJ., and GRIMES,
Senior Justice, concur. SHAW, J., concurs in result only.
322-CITE: 674 So.2d 152 BROWARD COUNTY, Appellant, v. Rose MICHAELSON, on behalf of herself and all
others similarly situated, Appellee.
TEXT: PER CURIAM. The chief judge of the Seventeenth Judicial Circuit for Broward County issued
an...for failure to join the chief judge of the Seventeenth Judicial Circuit as an indispensable
party. AFFIRMED. DELL, POLEN and SHAHOOD, JJ., concur.
323-CITE: 639 So.2d 1009 STATE of Florida, Appellant, v. Michael DEAN, Appellee.
TEXT: PARIENTE, Judge. The trial court granted the defendant s motion to suppress contraband, not
..., 512 So.2d 185, 189 (Fla.1987); see also State v. Jimeno; Madsen. Accordingly we reverse.
REVERSED AND REMANDED. ANSTEAD and WARNER, JJ., concur.
324-CITE: 654 So.2d 1207 Thomas V. CAPALDO, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Chief Judge The state was conducting an investigation concerning suspected dealing
i...Y TO PROVE THE EXISTENCE OF STOLEN PROPERTY IN ORDER TO CONVICT UNDER SECTION 812.019(1),
FLORIDA STATUTES (1993)? COBB and W. SHARP, JJ., concur.
325-CITE: 571 So.2d 592 Onel LOPEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm defendant s convictions for trafficking in cocaine and conspiracy to
t...ut prejudice to the state to seek reimposition after proper notice and opportunity to be heard.
SCHEB, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
326-CITE: 459 So.2d 332 Edna OSORIO, Appellant, v. METROPOLITAN DADE COUNTY, a political subdivision of
the State of Florida, Appellee.
TEXT: DELL, JOHN W., Associate Judge. Appellant, Edna Osorio, appeals an adverse final summary
jud...everse the summary final judgment in favor of the appellee and remand this cause to the trial
court for further proceedings. REVERSED and REMANDED.
327-CITE: 438 So.2d 780 DEPARTMENT OF TRANSPORTATION, Petitioner, v. Sheila WEBB, et al., Respondents.
TEXT: OVERTON, Justice. This is a petition to review a decision of the First District Court of
App... Department of Transportation, 422 So.2d 978 (Fla. 1st DCA 1982), on this point of law, which
rejected the same argument in another factual context.
328-CITE: 565 So.2d 886 STATE of Florida, Appellant, v. Curtis D. MILLER, Appellee.
TEXT: CAMPBELL, Judge. The State of Florida appeals the trial court s order of suppression of
evid...z, 526 So.2d 192 (Fla. 3d DCA 1988). Reversed and remanded for further proceedings
consistent herewith. SCHEB, A.C.J., and ALTENBERND, J., concur.
329-CITE: 680 So.2d 1041 STATE of Florida, Appellant, v. Barbara Gayle HOLLAND, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from an order granting Appellee Holland s
mo...below, Daniel, 665 So.2d at 1046-1047; Thomas v. State, 583 So.2d 336, 338 (Fla. 5th DCA 1991),
I would have affirmed the instant case under Daniel.
330-CITE: 536 So.2d 1058 ESCAMBIA COUNTY, Appellant, v. Larry A. STICHWEH, as personal representative of
the Estate of Ann Royer Stichweh, Appellee.
TEXT: ON MOTION FOR REHEARING NIMMONS, Judge. Appellant s motion for rehearing is denied.
However...error. We have examined the remaining points raised by appellant and find them to be
without merit. AFFIRMED. SMITH, C.J., and BOOTH, J., concur.
331-CITE: 698 So.2d 1280 George Clayton JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, Judge. George Clayton Jones appeals his convictions and sentences for five counts
...ond a reasonable doubt, we affirm appellant s convictions and sentences. AFFIRMED. GOSHORN, J.,
concurs. DAUKSCH, J., concurs in conclusion only.
332-CITE: 528 So.2d 524 John Philip PARK, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant appeals from his convictions for trafficking in cocaine, conspiracy
...s and resentence defendant with respect to the recalculated scoresheet if a different sentence is
called for. RYDER, A.C.J., and FRANK, J., concur.
333-CITE: 704 So.2d 1118 Robert B. HITCHCOCK, Appellant, v. F.S. DISPOSITION, INC., a Florida
corporation; Shell Oil Company, a foreign corporation; Roberto Magana; F.S. Convenience Stores,
Inc., a Florida corporation; and Toni Gas & Food Stores, Inc., a Florida corporation, doing business
as a general partnership under the name REWJB Gas Investments, Appellees.
TEXT: QUINCE, Judge. Robert B. Hitchcock appeals from a final summary judgment entered in his
negl...iate. We reverse the final summary judgment and remand for further proceedings consistent
with this opinion. PARKER, C.J., and WHATLEY, J., Concur.
334-CITE: 541 So.2d 1263 NORMANDY B. CONDOMINIUM ASSOCIATION, INC., and Sol Gordon, Appellants, v.
NORMANDY C. ASSOCIATION, INC., Appellee.
TEXT: PER CURIAM. An easement exists in favor of every owner of a condominium unit in Kings Point
...ion out of this court, controls the outcome. However, under the *1264 facts of this case, I have
sympathy for the result reached by the trial judge.
335-CITE: 509 So.2d 1287 The STATE of Florida, Appellant, v. Maria Caridad PEREZ, Appellee.
TEXT: PER CURIAM. Defendant Maria Caridad Perez, a ticket-carrying passenger, set off the metal
de...inding no evidence of an exceptionally intrusive search, we reverse the trial court s order
suppressing the seized evidence. Reversed and remanded.
336-CITE: 644 So.2d 533 STATE of Florida, Appellant, v. Michael MURRAY, Appellee.
TEXT: STEVENSON, Judge. The State of Florida asks this court to review a final order of the
County...ns (unlawful speed, failure to maintain a single lane, etc.) are not so punitive in nature
as to constitute punishment for double jeopardy purposes.
337-CITE: 579 So.2d 319 Edward Ray STIDHAM, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The defendant, Edward Ray Stidham, was charged and convicted of conspiracy to
t..., 505 So.2d 670 (Fla. 5th DCA 1987). *320 may correct and amend the judgment and sentence.
AFFIRMED AND REMANDED. DAUKSCH and COWART, JJ., concur.
338-CITE: 523 So.2d 158 Carla CAILLIER, Appellant, v. STATE of Florida, Appellee.
TEXT: EHRLICH, Justice. Carla Caillier appeals her conviction of first-degree murder and sentence
... without eligibility of parole for twenty-five years. It is so ordered. McDONALD, C.J., and
OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
339-CITE: 530 So.2d 1103 Julian MIRANDA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. As in Velunza v. State, 504 So.2d 780 (Fla. 3d DCA 1987), we conclude that the
e...e reversed. See Velunza, 504 So.2d at 782; see also Voto v. State, 509 So.2d 1291, 1293 (Fla.
4th DCA 1987). Affirmed in part and reversed in part.
340-CITE: 683 So.2d 607 Richard JOHNSON, Petitioner, v. STATE of Florida and Honorable Stephen M. Cohen,
County Court Judge, Respondents.
TEXT: KLEIN, Judge. Petitioner was charged, as a result of a single traffic stop, in three
separat...fford petitioner due process and failed to observe the essential requirements of law.
Accordingly, I would deny the petition for writ of certiorari.
341-CITE: 619 So.2d 425 T.J., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. T.J. pleaded nolo contendere to a charge of delinquency for committing petty
...t T.J. was beyond the court s authority specified in section 960.20. Accordingly, the order on
costs is REVERSED. BARFIELD and MICKLE, JJ., concur.
342-CITE: 689 So.2d 1088 STATE of Florida, Appellant, v. Sandra Kay KINNANE, a k a Sandra Cruzan,
Appellee.
TEXT: PATTERSON, Judge. The state challenges the trial court s order granting Sandra Kinnane s
mot... granting the motion to suppress and remand the case for further proceedings. Reversed and
remanded. CAMPBELL, A.C.J., and SCHOONOVER, J., concur.
343-CITE: 430 So.2d 503 Fouad BANAT, Appellant, v. Jose Mike ARMANDO, Falcone & Ignizio Foods, Inc., a k
a Falcone & Italia, Inc., and State Farm Fire & Casualty Company, Appellees.
TEXT: FERGUSON, Judge. Plaintiff was a passenger in the front seat of a small car which crashed
in... was a superseding intervening cause. We agree that as to the conclusion reached by the trial
court, reasonable persons could not differ. Affirmed.
344-CITE: 522 So.2d 1003 Lorenzo MITCHELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was charged by information with possession of cocaine. When his
motion...nt form order actually being appealed properly reflect appellant s plea to be nolo
contendere. HERSEY, C.J., and LETTS and GLICKSTEIN, JJ., concur.
345-CITE: 560 So.2d 228 Dorothy CROSS, Petitioner, v. STATE of Florida, Respondent.
TEXT: GRIMES, Justice. We review State v. Cross, 535 So.2d 282 (Fla. 3d DCA 1988), because of
appa...ng. I respectfully dissent for the reasons so well expressed by Judge Ferguson in his
dissent from the majority opinion below. KOGAN, J., Concurs.
346-CITE: 589 So.2d 407 Jose L. CORDERO, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment and sentence, appellant having been
convic...s to discharge appellant on the trafficking in cocaine charge. AFFIRMED in part; REVERSED
in part, and REMANDED. W. SHARP and COWART, JJ., concur.
347-CITE: 471 So.2d 1 Orla RALPH, Petitioner, v. CITY OF DAYTONA BEACH, a municipal corporation, and
Cheryl Ann Fetsko, Respondents.
TEXT: EHRLICH, Justice. The limited issue in this case is whether a complaint that alleges that
th...at the third amended complaint be reinstated. It is so ordered. ADKINS, BOYD and OVERTON,
JJ., concur. ALDERMAN, C.J., and McDONALD, J., dissent.
348-CITE: 738 So.2d 436 RENAISSANCE CRUISES, INC., Appellant, v. Michael GLASSMAN and Kathleen Clemens,
individually and on behalf of all others similarly situated, Appellees.
TEXT: WARNER, C.J. This non-final appeal challenges the trial court s order certifying a
nationwid...ute of limitations should apply to all class members. For the foregoing reasons, we
affirm the trial court s order. STONE and TAYLOR, JJ., concur.
349-CITE: 606 So.2d 502 Emilienne PIERRE, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Pierre appeals from her sentence of two years community control on the
grou...esheet. See Pigue; Humphrey; Lawrence v. State, 590 So.2d 1068 (Fla. 5th DCA 1991). SENTENCE
VACATED; REMANDED. PETERSON and GRIFFIN, JJ., concur.
350-CITE: 581 So.2d 214 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, etc., Appellant, v. Thomas
Andrew HAGAR, Appellee.
TEXT: DIAMANTIS, Judge. Appellant, State of Florida, Department of Highway Safety and Motor
Vehicl... order revoking Hagar s driver s license for a period of five years. WRIT ISSUED; cause
REMANDED with directions. HARRIS and GRIFFIN, JJ., concur.
351-CITE: 554 So.2d 545 Hector VELEZ and Ruiz Velez, Appellants, v. STATE of Florida, Appellee.
TEXT: SHARP, Judge. Hector and Ruiz Velez appeal from their convictions for trafficking in
cocaine... s substitution of an inference of advertising police presence for the founded suspicion
of criminal activity required by Kehoe and other case law.
352-CITE: 503 So.2d 427 The STATE of Florida, Appellant, v. Evel Dalva GARCIA, Appellee.
TEXT: PER CURIAM. Although the facts set forth in the defendant s untraversed sworn motion to
dism... 1986). Accordingly, the dismissal of Count I is reversed; the dismissal of County II is
affirmed. Affirmed in part; reversed in part and remanded.
353-CITE: 572 So.2d 518 James BELCHER, Appellant, v. METROPOLITAN DADE COUNTY, Appellee.
TEXT: PER CURIAM. Finding that genuine issues of material fact exist concerning the purpose of
the...remand for further proceedings. Reversed and remanded. LEVY and GODERICH, JJ., concur.
FERGUSON, Judge, concurring. I concur in the result only.
354-CITE: 590 So.2d 1018 Dean Thomas O CONNOR, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. O Connor appeals from his convictions and sentences received in two
crimina...58 (Fla.1991). On remand, this additional correction should be made. REVERSED in part;
REMANDED for resentencing. DAUKSCH and COWART, JJ., concur.
355-CITE: 500 So.2d 565 Graley ROBERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. We affirm defendant s convictions for trafficking, and conspiracy to traffic,
...rug transaction on which the convictions were based. See United States v. Mers, 701 F.2d 1321
(11th Cir.1983). DANAHY, C.J., and FRANK, J., concur.
356-CITE: 647 So.2d 819 WEAVER OIL CO., Petitioner, v. CITY OF TALLAHASSEE, Respondent.
TEXT: OVERTON, Justice. We have for review City of Tallahassee v. Boyd, 616 So.2d 1000 (Fla. 1st
D...negative and approve the decision of the district court. It is so ordered. GRIMES, C.J., and
SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
357-CITE: 507 So.2d 1196 Guillermo GOIZUETA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. As in Velunza v. State, 504 So.2d 780 (Fla. 3d DCA 1987), we conclude that the
e...w trial. See State v. Gutierrez, 502 So.2d 481 (Fla. 3d DCA 1987). The remaining points are
entirely meritless. Affirmed in part, reversed in part.
358-CITE: 528 So.2d 399 The STATE of Florida, Appellant, v. Janice LOCKE, Appellee.
TEXT: PER CURIAM. The State appeals from an order granting the defendant s motion to dismiss
charg...tatutes, unless the code otherwise provides. (FN2) We acknowledge that our holding conflicts
with Bewick v. State, 501 So.2d 72 (Fla. 5th DCA 1987).
359-CITE: 477 So.2d 1071 Arsemio ALBO, Appellant, v. The STATE of Florida, Appellee.
TEXT: SCHWARTZ, Chief Justice. The defendant below appeals from an order placing him on probation
...event. We will not so rule. For these reasons, the judgment is reversed and the defendant
discharged. Reversed. ------------ (FN6) And thus Pesci.
360-CITE: 753 So.2d 630 Wayne SANDS, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, J. Wayne Sands appeals the trial court s denial of his motion to suppress
evidence...U.S.1985); State v. Hewey, 471 A.2d 236 (Vt.1983). Appellant s conviction and sentence
are affirmed. AFFIRMED. W. SHARP, and HARRIS, JJ., concur.
361-CITE: 641 So.2d 194 STATE of Florida, Appellant, v. Richard RENDINA, Appellee.
TEXT: KLEIN, Judge. The state appeals from an order dismissing a charge against Richard Rendina
fo...rim.P.; State v. Lambert, 445 So.2d 1106 (Fla. 4th DCA 1984). REVERSED AND REMANDED. ANSTEAD,
J., and MICKLE, STEPHAN P., Associate Judge, concur.
362-CITE: 594 So.2d 264 Twana DAVIS, Petitioner, v. STATE of Florida, Respondent.
TEXT: McDONALD, Justice. We review Davis v. State, 576 So.2d 913, 914 (Fla. 4th DCA 1991), in
whic...ion of the district court. It is so ordered. SHAW, C.J. and OVERTON, GRIMES, KOGAN and
HARDING, JJ., concur. BARKETT, J., concurs in result only.
363-CITE: 512 So.2d 1066 Lawson L. LAMAR, Sheriff of Orange County, Florida, Appellant, v. Willard
KEESEE, Appellee.
TEXT: ORFINGER Judge. This is an appeal from a final order granting the appellee s motion, made
at.... (FN1) ------------ (FN1) Mr. Justice Brandeis, dissenting in Olmstead v. United States, 277
U.S. 438, 485, 48 S.Ct. 564, 575, 72 L.Ed. 944 (1928).
364-CITE: 553 So.2d 373 STATE of Florida, Appellant, v. Todd M. RENDA, Appellee.
TEXT: PATTERSON, Judge. This is an appeal from an order granting the defendant s motion to
suppres... for such violations. We therefore reverse the order of suppression and remand for
further proceedings. LEHAN, A.C.J., and THREADGILL, J., concur.
365-CITE: 604 So.2d 869 Carlos LIDSKY, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee.
TEXT: JORGENSON, Judge. Carlos Lidsky appeals from an order of final summary judgment declaring
le... Rate on, Automobile Insurance Policy, Based on Driving Record, 36 A.L.R.4th 1205 (1985 &
Supp.1991). Based upon the foregoing analysis, we affirm.
366-CITE: 575 So.2d 779 STATE of Florida, Appellant, v. Michael Edwin MAHOY, Appellee.
TEXT: W. SHARP, Judge. Pursuant to Florida Rule of Appellate Procedure 9.160, the county court
cer...emeanor of the second degree for any person to willfully fail or refuse to comply with any
lawful order or direction of any law enforcement officer.
367-CITE: 635 So.2d 1044 FLORIDA HOTEL AND MOTEL ASSOCIATION, INC. and Naples Golf and Beach Club, Inc.,
Appellants, v. STATE of Florida, DEPARTMENT OF REVENUE, Appellee.
TEXT: WEBSTER, Judge. Appellants, an association representing members of the hotel and motel
indus... 170 So.2d 822 (Fla.1964). For the foregoing reasons, the Department s declaratory
statement is affirmed. AFFIRMED. BOOTH and ALLEN, JJ., concur.
368-CITE: 517 So.2d 110 Octavio GOMEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: SCHWARTZ, Chief Judge. At the conclusion of processing Gomez after a concededly valid
routin...thing to do with the case before us. There is no other error. Monge, 508 So.2d at 451;
State v. Cobbs, 411 So.2d 212 (Fla. 3d DCA 1982). Affirmed.
369-CITE: 631 So.2d 374 Sammie HALL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We vacate appellant s sentence for refusal to sign a noncriminal traffic
citatio.... State, 515 So.2d 401, 402 (Fla. 1st DCA 1987). Appellant s convictions and remaining
sentences are affirmed. SMITH, ALLEN and DAVIS, JJ., concur.
370-CITE: 587 So.2d 612 Jose C. SOTUYO, Personal Representative of the Estate of Antonio Sotuyo,
Deceased, Appellant, v. Carroll Eugene WILLIAMS, Appellee.
TEXT: WOLF, Judge. Jose C. Sotuyo (plaintiff), personal representative of the estate of Antonio
So... was entitled to have the jury instructed on these matters. Reversed and remanded for a new
trial. SHIVERS, J., and CAWTHON, Senior Judge, concur.
371-CITE: 477 So.2d 24 SHURLY CONTRACTING, INC., Appellant, v. DEPARTMENT OF TRANSPORTATION, State of
Florida, Appellee.
TEXT: SHIVERS, Judge. Shurly Contracting, Inc. (Shurly) appeals an order of the Department of
Tran... days, and for a reduction of the $100 per diem liquidated damages by $1,600. AFFIRMED in
part and REMANDED. WENTWORTH and WIGGINTON, JJ., concur.
372-CITE: 707 So.2d 1199 Gerald Leonard PERKINS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant was convicted of multiple offenses after a joint trial with the
de...cross-appeal is dismissed. The appellant s sentences are vacated, and the case is remanded for
resentencing. ALLEN, WEBSTER and DAVIS, JJ., concur.
373-CITE: 679 So.2d 717 Thomas V. CAPALDO, Petitioner, v. STATE of Florida, Respondent.
TEXT: HARDING, Justice. We have for review Capaldo v. State, 654 So.2d 1207, 1209 (Fla. 5th DCA
19... SHAW, GRIMES, WELLS and ANSTEAD, JJ., concur. ------------ (FN2) In light of our decision, we
decline to address the other issue raised by Capaldo.
374-CITE: 541 So.2d 797 Juan RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant appeals his convictions, for Trafficking in Cocaine and
Conspiracy...are reversed, and the cause is remanded for a new trial. Reversed and remanded.
------------ (FN1) This case involved the appellant s co-defendant.
375-CITE: 723 So.2d 324 STATE of Florida, Petitioner, v. Scott HEMMERLY, Respondent.
TEXT: ANTOON, J. The state petitions this court to issue a writ of certiorari quashing the
circuit... when the offense has been committed in his presence. Petition for Writ of Certiorari
GRANTED; decision QUASHED. GOSHORN and THOMPSON, JJ, concur.
376-CITE: 612 So.2d 688 Marc Leonard RUSS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Marc Leonard Russ, challenges the judgments and sentences
imposed...emand for a new trial on that charge. Affirmed in part, reversed in part, and remanded.
RYDER, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.
377-CITE: 535 So.2d 626 JACKSONVILLE BULLS FOOTBALL, LTD., Appellant, v. Michael T. BLATT, Appellee.
TEXT: DANIEL S. PEARSON, Judge. This case concerns a judgment creditor s efforts to set aside as
f... Blatt s. Obviously, availing oneself of the legal advantages given to domestic judgments over
foreign judgments cannot constitute fraud. REVERSED.
378-CITE: 511 So.2d 726 STATE of Florida, Appellant, v. Johnny Davis CLARK, Appellee.
TEXT: NIMMONS, Judge. The state appeals from an order granting appellee s motion to suppress
drugs... s headlights, the stopping of the vehicle was not authorized. The trial court s
suppression order is AFFIRMED. SHIVERS and BARFIELD, JJ., concur.
379-CITE: 692 So.2d 293 Javier ODIO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Affirmed. See Whren v. United States, -- U.S. --, 116 S.Ct. 1769, 135 L.Ed.2d
89...Whren has substantially altered search and seizure jurisprudence as it pertains to traffic *294
stops), review dismissed, 689 So.2d 1071 (Fla.1997).
380-CITE: 526 So.2d 211 Thomas TINDALL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Tindall appeals his sentence for dealing in stolen property contending that the
...and sentencing transcript discloses that Tindall was sentenced without scoring of that offense.
AFFIRMED. DAUKSCH, COWART and DANIEL, JJ., concur.
381-CITE: 682 So.2d 643 Ruth PEREZ, Appellant, v. Sherrie D. BYRD, Appellee.
TEXT: PER CURIAM. The only meritorious issue raised is the correctness of the trial court s order
...ntiff s fault and granted a mistrial. We affirm. See Spanagel v. Love, 585 So.2d 317 (Fla. 5th
DCA 1991). COBB, W. SHARP, and GOSHORN, JJ., concur.
382-CITE: 525 So.2d 426 Sylvester JAMES, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order by which he was convicted of
traffickin...t the jury verdict. See Wale v. State, 397 So.2d 738 (Fla. 4th DCA 1981). Accordingly,
the order is affirmed. SMITH, C.J., and JOANOS, J., concur.
383-CITE: 730 So.2d 352 Russell J. MORSE, III, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robert J. Morse, III timely appeals the dispositive order denying his motion to
...ip, it was error to deny the motion to suppress. We reverse and remand. REVERSED and REMANDED.
PATTERSON, A.C.J., and BLUE and GREEN, JJ., Concur.
384-CITE: 645 So.2d 156 Sean H. HOWARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PARIENTE, Judge. Defendant entered a plea of no contest to possession with intent to sell
co...accordingly reverse the trial court s order denying defendant s motion to suppress. REVERSED
AND REMANDED. DELL, C.J., and GLICKSTEIN, J., concur.
385-CITE: 455 So.2d 1138 Leolus L. WALL, as Personal Representative of the Estate of Iris M. Wall,
Appellant, v. DEPARTMENT OF TRANSPORTATION OF the STATE OF FLORIDA, the County of Sarasota, Deborah
Ann Curtis and Sears-Roebuck Company, a corporation, Appellees.
TEXT: RYDER, Chief Judge. Leolus L. Wall, the plaintiff below, appeals from an order assessing
att...erein lies our disagreement. Our holding in Keen v. Bernardo, 452 So.2d 1133, (Fla. 2d DCA
1984), is consistent with our reasoning expressed herein.
386-CITE: 528 So.2d 1297 The STATE of Florida, Appellant, v. Earles GONZALEZ, Appellee.
TEXT: PER CURIAM. On the authority of State v. Padron, 519 So.2d 1144 (Fla. 3d DCA 1988), a
compan...for disclosure, government misconduct, and prejudice to the accused. See State v. Acosta,
439 So.2d 1024 (Fla. 3d DCA 1983). Reversed and remanded.
387-CITE: 437 So.2d 761 Beatrice Furman CARTER, Russell Carter, and State Farm Mutual Automobile
Insurance Company, Appellants, v. Musa Tony RUKAB and South Carolina Insurance Company, Appellees.
TEXT: LARRY G. SMITH, Judge. The Carters and their insurer appeal from a final judgment entered
pu...ffidavit was on a printed form with blank spaces for the affiant to fill in. The underlined
portions represent those parts filled in by the affiant.
388-CITE: 571 So.2d 567 Osvaldo PALMER, Enrique Acosta, Jorge Milan and Ramona Fernandez, Appellants, v.
The STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellants, Palmer, Acosta and Milan, by consolidated appeal, appeal their
c... this opinion. In all other respects the verdicts, adjudications, and sentences, are affirmed.
Affirmed in part, reversed in part, with directions.
389-CITE: 570 So.2d 1059 PALM BEACH COUNTY SHERIFF S OFFICE and Sedgwick James of Florida, Inc.,
Appellants, v. John C. GINN, Appellee.
TEXT: ALLEN, Judge. The employer carrier bring this appeal from an order finding the claimant s
ac...his cause is remanded to the judge of compensation claims for entry of an order in accordance
with this opinion. WENTWORTH and JOANOS, JJ., concur.
390-CITE: 629 So.2d 120 In re Inquiry Concerning a Judge, No. 92-419 re Jonathan T. COLBY.
TEXT: PER CURIAM. We review the recommendation of the Judicial Qualifications Commission that
Judg... reprimanded by publication of this opinion. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
391-CITE: 432 So.2d 129 Jim D. BOLTON, individually, and as father and next friend of Jimmy Bolton, Jr.,
a minor, and Carrol Bolton, individually, Appellants, v. James SMYTHE, State Farm Fire & Casualty
Company, an Illinois Corporation and Thelma Wallace, Appellees.
TEXT: SHARP, Judge. The Boltons (FN1) appeal from a final judgment dismissing their third amended
...la. 2d DCA 1966). (FN10) See Vining v. Avis Rent-A-Car Systems, Inc., 354 So.2d 54 (Fla.1977);
Searcy v. McCall, 374 So.2d 1084 (Fla. 1st DCA 1979).
392-CITE: 538 So.2d 96 The STATE of Florida, Appellant, v. Norman EADY, Appellee.
TEXT: SCHWARTZ, Chief Judge. The state appeals from and we reverse an order suppressing the
weapon... State v. Fernandez, 526 So.2d 192 (Fla. 3d DCA 1988), cause dismissed, 531 So.2d 1352
(Fla.1988); State v. James, 526 So.2d 188 (Fla. 3d DCA 1988).
393-CITE: 591 So.2d 215 The WACKENHUT CORPORATION and Delta Airlines, Inc., a foreign corporation,
Appellants, v. Albert LIPPERT and Felice Lippert, his wife, Appellees.
TEXT: POLEN, Judge. While on her way to board a Delta Airlines flight from West Palm Beach to New
...the issue of collateral source recovery in accordance with this opinion and that of the supreme
court in Gormley. ANSTEAD and GARRETT, JJ., concur.
394-CITE: 473 So.2d 293 Larry Lee REYNOLDS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant s substantive points are without merit. He also expresses concern
over... conspiracy to traffic in cocaine and the concurrent sentence for the sale of cocaine.
Affirmed. GRIMES, A.C.J., and DANAHY and HALL, JJ., concur.
395-CITE: 641 So.2d 895 Wilfredo GONZALEZ, Appellant, v. ASSOCIATES LIFE INSURANCE COMPANY, Appellee.
TEXT: LEVY, Judge. An insured appeals an adverse summary judgment in his suit against his insurer
...s determination, we find that as a matter or law, its approval of the policy form in this case
was clearly erroneous, and that reversal is required.
396-CITE: 714 So.2d 1203 REPUBLIC MEDIA, INC., Appellant, v. DEPARTMENT OF TRANSPORTATION, STATE OF
FLORIDA, Appellee.
TEXT: W. SHARP, Judge. Republic Media, Inc. appeals from a final administrative order of the
Flori...31 (Fla. 1st DCA 1984). We conclude FDOT s interpretation of this statute is well within
this range. AFFIRMED. PETERSON and THOMPSON, JJ., concur.
397-CITE: 546 So.2d 1159 Eugene Joseph KOCOL, Jr. Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The appellant, Eugene Joseph Kocol, Jr., was charged with, and convicted of,
co...uly 1, 1988, the effective date of Ch. 88-131, Section 7, Laws of Florida. The cocaine
transaction in the instant case occurred on December 3, 1987.
398-CITE: 717 So.2d 184 Michael Thomas FOY, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, M., Senior Judge. Defendant appeals his conviction on various drug charges,
having...CA 1997). The traffic stop was based on reasonable suspicion and the search that followed
was lawful. AFFIRMED. GOSHORN and THOMPSON, JJ., concur.
399-CITE: 666 So.2d 165 STATE of Florida, Appellant, v. Stephen E. MAYES, Jr., Appellee.
TEXT: PER CURIAM. Appellant State challenges the trial court order granting appellee s motion to
s... Scott. Having concluded that the affidavit did provide sufficient probable cause, we reverse.
CAMPBELL, A.C.J., and BLUE and FULMER, JJ., concur.
400-CITE: 636 So.2d 1345 DEPARTMENT OF TRANSPORTATION, Petitioner, v. L.I. GEFEN, Respondent.
TEXT: GRIMES, Chief Justice. We have for review Department of Transportation v. Gefen, 620 So.2d
1...ees because we quashed that decision. It is so ordered. GRIMES, C.J., OVERTON, SHAW, KOGAN and
HARDING, JJ., and McDONALD, Senior Justice, concur.
401-CITE: 685 So.2d 1242 In re FLORIDA RULES OF TRAFFIC COURT.
TEXT: PER CURIAM. The Florida Bar Traffic Court Rules Committee petitions this Court to approve
it...earing officer program.___ ___Changes to subsection (m) are intended to make uniform the
procedure for assignment to a county judge for hearing.___
402-CITE: 696 So.2d 1350 C.M., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: SHAHOOD, Judge. Appellant, C.M., a child, seeks review of the delinquency disposition order
...ndition of probation or community control. Cassamassima v. State, 657 So.2d 906, 909 (Fla. 5th
DCA 1995). AFFIRMED. WARNER and GROSS, JJ., concur.
403-CITE: 752 So.2d 704 Jerald GADBERRY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Jerald Gadberry appeals the denial of his dispositive motion to suppress. He
arg...n is illegal if the reason for the initial stop is resolved ). Accordingly, we reverse and
remand. BLUE, A.C.J., and FULMER and DAVIS, JJ., Concur.
404-CITE: 513 So.2d 1372 STATE of Florida, Appellant, v. Edwin LASLEY and Robert Buchanan, Appellees.
TEXT: FRANK, Judge. Pursuant to Rule 9.160 of the Florida Rules of Appellate Procedure, the
county...y s and Buchanan s driving records to the status which existed prior to November 3, 1986.
DANAHY, C.J., and BOARDMAN, EDWARD F. (Ret.), J., concur.
405-CITE: 658 So.2d 548 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Robert B. KREIDER
and Rosalea B. Kreider d b a America on the Move, Appellees.
TEXT: GROSS, ROBERT M., Associate Judge. The State Department of Transportation appeals from an
or.... Department of Transp. v. Arms, 539 So.2d 1195 (Fla. 4th DCA 1989); Department of Transp. v.
Burger King Corp., 574 So.2d 1229 (Fla. 4th DCA 1991).
406-CITE: 503 So.2d 1000 David William FRETWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s conviction but vacate his sentence and remand for a new
se...counsel had been properly waived in those case. See Pilla v. State, 477 So.2d 1088 (Fla. 4th
DCA 1985). ANSTEAD, LETTS and GLICKSTEIN, JJ., concur.
407-CITE: 755 So.2d 800 Jennifer Ann SHEARIN, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. Jennifer Ann Shearin appeals a judgment and sentence on two counts of
pos...necessary nexus between the prostitution arrest and the subsequent drug charges does not
exist. Affirmed. CAMPBELL, A.C.J., and GREEN, J., Concur.
408-CITE: 715 So.2d 1062 R.R., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, M., Senior Judge. This is an appeal from a delinquency adjudication and
commitment...uppress should have been granted. REVERSED. COBB and HARRIS, JJ., concur.
------------ (FN1) See B.T. v. State, 702 So.2d 248 (Fla. 4th DCA 1997).
409-CITE: 484 So.2d 1316 Stephenson T. PRICE and Laura Price, Husband and Wife, Appellants, v. Theodore
J. McCLAIN and Alabama Farm Bureau Mutual Casualty Ins. Co., Inc., Appellees.
TEXT: PER CURIAM. AFFIRMED. *1317 MILLS and SHIVERS, JJ., concur. ZEHMER, J., dissents with an
o...he judgment below with directions to enter a directed verdict for plaintiff on the issue of
liability and grant a new trial on the issue of damages.
410-CITE: 731 So.2d 61 Willie SPIVEY, Appellant, v. The STATE of Florida, Appellee.
TEXT: SCHWARTZ, Chief Judge. Spivey appeals from his convictions of trafficking in cocaine and
con...eliver cocaine, Sections 893.13(1)(a), 777.04, Florida Statutes (1995), and the cause is
remanded for resentencing. Affirmed as modified, remanded.
411-CITE: 559 So.2d 1199 Joyce M. TURCO and Armando Cuesta, Appellants, v. Marisol LEON, Appellee.
TEXT: BASKIN, Judge. Joyce M. Turco and Armando Cuesta appeal an adverse final judgment and an
ord...was not harmless. MacNiel. We reverse the final judgment and remand for a new trial.
Appellants remaining point lacks merit. Reversed and remanded.
412-CITE: 545 So.2d 965 The STATE of Florida, Appellant, v. Jorge Enrique CASTILLO, Appellee.
TEXT: GERSTEN, Judge. The State appeals from an order granting a motion to suppress evidence
which... ruling. Johnson v. State, 438 So.2d 774, 776 (Fla.1983), cert. denied, 465 U.S. 1051, 104
S.Ct. 1329, 79 L.Ed.2d 724 (1984). Therefore, we affirm.
413-CITE: 445 So.2d 1112 Alex Washington WIGGINS, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Judge. Alex Washington Wiggins was convicted of conspiracy to traffic in cannabis
and...s and find them to be without merit. Therefore, in all other respects, we affirm his judgment
and sentences. GRIMES, A.C.J., and RYDER, J., concur.
414-CITE: 644 So.2d 597 John Charles THOMAS, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. John Charles Thomas appeals from his judgment of conviction for unlawful
po...990). This argument is not accurate since the officer did not discover Thomas license had been
suspended until after his arrest on the drug charges.
415-CITE: 546 So.2d 791 The STATE of Florida, Appellant, v. Rolando FERNANDEZ, Appellee.
TEXT: GERSTEN, Judge. The State appeals the dismissal of an information against the defendant,
Rol...; State v. *794 Prieto, 479 So.2d 320 (Fla. 3d DCA 1985); Yolman v. State, 473 So.2d 716 (Fla.
2d DCA 1985). Accordingly, we reverse and reinstate.
416-CITE: 622 So.2d 46 The STATE of Florida, Appellant, v. Michael HANNA, Appellee.
TEXT: PER CURIAM. Police officers received an anonymous tip that between the hours of 9 and 10
A.M... not tainted by an illegal detention or arrest. The order suppressing the confession is
reversed and the cause is remanded for further proceedings.
417-CITE: 677 So.2d 903 Dennis CLARK, a k a David Durden, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. Dennis Clark appeals his judgments and sentences following the denial of
...top was invalid, and the trial court erred in denying Mr. Clark s motion to suppress. Reversed
and remanded. FRANK, A.C.J., and QUINCE, J., concur.
418-CITE: 640 So.2d 1210 Steven MICKENBERG, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. Steven Mickenberg attacks his conviction for conspiracy to
traffi...se we reverse on this point, we do not address the appellant s other issues on appeal.
Reversed and remanded. CAMPBELL and PATTERSON, JJ., concur.
419-CITE: 538 So.2d 523 L.W., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Juvenile L.W., defendant below, appeals the denial of his motion to suppress
evi...ved from the search at issue should have been excluded, and the trial court erred in denying
appellant s motion to suppress. REVERSED AND REMANDED.
420-CITE: 503 So.2d 923 Clarence MOORE, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The defendant below, Clarence Moore, appeals his conviction for (1)
trafficking... man who had funds to buy the drugs. Also, during the purchase Laney stated Moore
wanted to inspect the drugs and after he had done so, was pleased.
421-CITE: 493 So.2d 504 STATE of Florida, Appellant, v. Joseph RUSSO, Leland Curry, James Thomas Curry,
Marvin Carlsen and Roland Caricofe, Appellees.
TEXT: PER CURIAM. This is an appeal from an order dismissing Count I of the indictment of five
def...l. See Bowden v. State, 402 So.2d 1173 (Fla.1981). Thus, we affirm the dismissal of the
defective indictment. DOWNEY, ANSTEAD and DEL, JJ., concur.
422-CITE: 662 So.2d 421 Flor PEREZ, as Personal Representative of the Estate of Ivy Perez, Appellant, v.
METROPOLITAN DADE COUNTY, Appellee.
TEXT: PER CURIAM. The plaintiff, Flor Perez, appeals from an adverse final summary judgment and
fr...nction for which Metro-Dade has sovereign immunity. Therefore, the trial court properly granted
Metro-Dade s motion for summary judgment. Affirmed.
423-CITE: 571 So.2d 485 William D. STEWART, Petitioner, v. STATE of Florida, Respondent.
TEXT: SCHEB, Judge. William D. Stewart seeks a petition for writ of certiorari to review a
judgmen...order. Accordingly, we grant the petition for writ of certiorari and vacate the order of
restitution. SCHOONOVER, C.J., and THREADGILL, J., concur.
424-CITE: 450 So.2d 864 PROTECTIVE CASUALTY INSURANCE COMPANY, Appellant, v. Jorge HERNANDEZ, Appellee.
TEXT: FERGUSON, Judge. This appeal is from a judgment on the pleadings in an action to determine
c...e, an operator will suffer injury by arrest for violation of traffic laws. Reversed and
remanded with instructions to enter judgment for appellant.
425-CITE: 531 So.2d 150 In re AMENDMENTS TO the FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC
COURT RULE 6.115.
TEXT: PER CURIAM. The DUI Program Trust Fund Commission, which has been appointed by this Court
to...administration of the funds. (8) The ---DWI Schools Coordinator--- ___DUI Program Trust Fund
Commission___ shall be the administrator of the fund.
426-CITE: 469 So.2d 960 Rodney KERFOOT, Appellant, v. Charlie Earnest WAYCHOFF, et al., Appellee.
TEXT: LETTS, Judge. This appeal arises from a motorcycle accident also involving two automobiles
w...LY ASCERTAIN WHETHER TRAFFIC LANES, OTHER THAN HIS OWN, WILL SAFELY ACCOMMODATE THE OTHER
VEHICLE? AFFIRMED. HERSEY and GLICKSTEIN, JJ., concur.
427-CITE: 734 So.2d 472 Christopher LINGENFELSER, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, J. Appellant, Christopher Lingenfelser, was charged with trafficking in cocaine
(...it appropriate to remand for the appointment of conflict-free counsel, rather than to permit
Lingenfelser the opportunity to secure private counsel.
428-CITE: 641 So.2d 502 In re The Interest of M.C., a child.
TEXT: POLEN, Judge. We affirm M.C. s adjudication of delinquency and juvenile disposition because
...stances amount to mere bare suspicion, insufficient to support a stop. See also State v. Isaacs,
578 So.2d 523 (Fla. 4th DCA 1991). I would reverse.
429-CITE: 501 So.2d 588 Rodney KERFOOT, Petitioner, v. Charlie Earnest WAYCHOFF, et al., Respondents.
TEXT: OVERTON, Justice. This is a petition to review Kerfoot v. Waychoff, 469 So.2d 960 (Fla. 4th
...r. I believe these conclusion are for a jury to make and cannot be the basis of a ruling for the
defendant as a matter of law. ADKINS, J., concurs.
430-CITE: 690 So.2d 700 Cheryl L. DEBES, as Trustee, Petitioner, v. The CITY OF KEY WEST, Respondent.
TEXT: SCHWARTZ, Chief Judge. The petitioner is the owner of undeveloped land on North Roosevelt
Bo...decision is quashed and the cause remanded with directions to require the City Commission to
grant the application in question. Certiorari granted.
431-CITE: 569 So.2d 437 STATE of Florida, Petitioner, v. Richard PARSONS, Respondent.
TEXT: KOGAN, Justice. We have for review State v. Parsons, 549 So.2d 761 (Fla. 3d DCA 1989),
which... as a specific statute. For this and all the other reasons expressed by Judge Schwartz in
the opinion of the Third District, I respectfully dissent.
432-CITE: 636 So.2d 749 STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellant, v. Joseph J. RUBANO,
et al., Appellees.
TEXT: ON MOTION FOR REHEARING KLEIN, Judge. Appellees motion for rehearing points out that our
op...ring specially, noted that Tessler was difficult to apply and that he would have certified the
issue in that case as one of great public importance.
433-CITE: 510 So.2d 643 STATE of Florida, Appellant, v. Manuel SUAREZ, Appellee.
TEXT: HALL, Judge. The state appeals the sentence of the appellee, Manuel Suarez, contending that
... withdraw his plea and proceed to trial. Reversed and remanded with directions consistent with
this opinion. SCHEB, A.C.J., and FRANK, J., concur.
434-CITE: 714 So.2d 610 Alejandro VIGOREAUX, Petitioner, v. Donald MANNING, Director, Dade County
Department of Corrections, Respondent.
TEXT: PER CURIAM. Petitioner was arrested at 7:15 p.m. on July 12, 1998, for unlawfully driving
in...ty of the above claim. Consequently, we award the petitioner a writ of habeas corpus and direct
he be released upon his own recognizance, forthwith.
435-CITE: 711 So.2d 127 Linda McFARLAND and Joseph McFarland, Appellants, v. GREATER JACKSONVILLE
TRANSPORTATION d b a Yellow Cab of Clay County, Appellee.
TEXT: LAWRENCE, Judge. Appellant, Linda McFarland (Mrs. McFarland), was injured while riding in a
...dingly, we REVERSE the summary judgment and REMAND to the trial court for consistent proceedings.
REVERSED. BARFIELD, C.J., and ALLEN, J., concur.
436-CITE: 516 So.2d 1115 STATE of Florida, Appellant, v. Louis Thomas CONTE, Appellee.
TEXT: HALL, Judge. The state appeals from a final order dismissing the conspiracy count from the
a...fense. Reversed and remanded with directions to reinstate the conspiracy count of the amended
information. DANAHY, C.J., and CAMPBELL, J., concur.
437-CITE: 752 So.2d 6 Edner MICHEL and Fritz Joseph, Appellants, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, J. Edner Michel [ Michel ] and Fritz Joseph [ Joseph ] appeal their convictions
for...at defendants knowingly drove the vehicle under circumstances that would likely cause the
death of another. AFFIRMED. W. SHARP, and PETERSON, JJ.,
438-CITE: 585 So.2d 495 STATE of Florida, Appellant, v. David Russell TOWNSEND, III, Appellee.
TEXT: HARRIS, Judge. On May 15, 1990 Deputy Collins saw a vehicle speed past him on Pine Hill
Road... consistent with Rumph v. State, 544 So.2d 1150 (Fla. 5th DCA 1989). REVERSED and REMANDED
for further proceedings. COBB and GRIFFIN, JJ., concur.
439-CITE: 529 So.2d 1197 Suzette HOOD, etc. Appellant, v. ZAYRE CORPORATION Appellee.
TEXT: COBB, Judge. The issue in this case is whether the trial court erred in entering a final
sum... made by the store employee are in dispute, the entry of a summary judgment in this case was
improper. REVERSED. ORFINGER and DANIEL, JJ., concur.
440-CITE: 569 So.2d 1313 Q.E.G., A Child, Appellant, v. STATE of Florida, Appellee.
TEXT: NIMMONS, Judge. After final hearing, the appellant was adjudicated a delinquent child, the
t...P.M., ten minutes before the stores were to close. However, the record is devoid of any evidence
indicating a scheduled closing time for the stores.
441-CITE: 455 So.2d 1131 Israel C. GONZALEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Judge. The defendant appeals his conviction for conspiracy to traffic in cocaine,
co...or the foregoing reasons, we reverse the defendant s conviction and remand with directions that
he be discharged. RYDER, C.J., and OTT, J., concur.
442-CITE: 622 So.2d 1169 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, BUREAU OF DRIVER IMPROVEMENT,
STATE OF FLORIDA, Petitioner, v. Bradford James THOMPSON, Respondent.
TEXT: DIAMANTIS, Judge. The circuit court entered an order quashing the suspension of Bradford
Jam...h that a stop was not pretextual. See Kehoe v. State, 521 So.2d 1094, 1097 (Fla.1988); State
v. Gibson, 560 So.2d 1370, 1370-71 (Fla. 5th DCA 1990).
443-CITE: 570 So.2d 1149 Edward S. STEPIEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant appeals from his conviction, after trial by jury, of dealing in
st...an order granting appellant s motion for judgment of acquittal on the charge of dealing in
stolen property. JOANOS, BARFIELD and WOLF, JJ., concur.
444-CITE: 611 So.2d 605 Brenda A. ROBINSON and John S. ROBINSON, Appellants, v. Christopher W. GERARD
and Paul B. Wayment, Appellees.
TEXT: ERVIN, Judge. Appellants plaintiffs appeal a final judgment entered in a personal injury
act...l to the issues tried, the court s refusal to so instruct cannot be considered harmless.
REVERSED AND REMANDED. WIGGINTON and ZEHMER, JJ., concur.
445-CITE: 460 So.2d 564 A.S., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The evidence adduced by the prosecution, which consisted of the fact that
cocain...v. State, 459 So.2d 1030 (Fla.1984). Accordingly, the adjudication of delinquency under
review, which was based on that determination, is Reversed.
446-CITE: 435 So.2d 830 Lorenzo PEREZ, et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, Respondent.
Alphonso JOA, et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, Respondent.
TEXT: OVERTON, Justice. These are two petitions to review one decision of the First District
Court...ce with this opinion. It is so ordered. ALDERMAN, C.J., and BOYD, McDONALD and SHAW, JJ.,
concur. ADKINS and EHRLICH, JJ., concur in result only.
447-CITE: 529 So.2d 300 Landis Joseph DEWEY, Appellant, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR
VEHICLES, DIVISION OF FLORIDA HIGHWAY PATROL, Appellee.
TEXT: PER CURIAM. We reverse the forfeiture of $13,000 cash found in defendant s automobile
follow...e money and criminal activity. Reversed and remanded for proceedings consistent herewith.
CAMPBELL, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.
448-CITE: 570 So.2d 363 Ruperto ALMANZA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Ruperto Almanza, was convicted of trafficking in cocaine and
cons...ning appellate points. AFFIRMED IN PART; REVERSED IN PART AND REMANDED. *364 DOWNEY and
WALDEN, JJ., and WESSEL, JOHN D., Associate Judge, concur.
449-CITE: 556 So.2d 1218 Rolando NAVARRO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The State has confessed error with respect to the convictions for conspiracy to
...ever, that on this record the errors were harmless. State v. DiGuilio, 491 So.2d 1129 (Fla.1986).
Affirmed in part, reversed in part, and remanded.
450-CITE: 450 So.2d 1250 Robert T. FYMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIMES, Judge. Appellant attacks his conviction for grand theft on the ground that his
right... v. Nelson, 68 So.2d 604 (Fla.1952), cert. denied sub nom. Rensta v. Beverly Beach
Properties, Inc., 348 U.S. 816, 75 S.Ct. 27, 99 L.Ed. 643 (1954).
451-CITE: 482 So.2d 440 OUR LADY OF DIVINE PROVIDENCE CATHOLIC CHURCH and Sister Maria Elena Sanchez,
Appellants, v. CITY OF SWEETWATER, Aetna Insurance Company & Northeast Insurance Company, Appellees.
TEXT: BASKIN, Judge. The presence of genuine issues of material fact in the case before us
mandate...ity cannot be held liable. I would affirm the summary judgment. ------------ (FN1) These
cases were decided subsequent to the trial court s ruling.
452-CITE: 504 So.2d 780 Mariano E. VELUNZA, Appellant, v. The STATE of Florida, Appellee.
TEXT: BASKIN, Judge. Appellant Mariano E. Velunza challenges his convictions and sentences for
tra...caine, we hold that the evidence fails to prove the conspiracy. We therefore reverse the
conspiracy conviction. Affirmed in part; reversed in part.
453-CITE: 620 So.2d 1087 DEPARTMENT OF TRANSPORTATION, Appellant, v. L.I. GEFEN, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from a final judgment finding a compensable
...icular private property are not to be considered in determining whether a property owner has
suffered a compensable loss due to the public taking.
454-CITE: 683 So.2d 559 Edward SCHRANK, Appellant, v. Philip PEARLMAN and Anita Pearlman, Appellees.
TEXT: COPE, Judge. Edward Schrank appeals a partial summary judgment determining that he is
liable...affidavit or other competent evidence. The partial summary judgment is reversed and the
cause remanded for further proceedings consistent herewith.
455-CITE: 635 So.2d 999 STATE of Florida, Appellant, v. Johnny PUGH, Appellee.
TEXT: ALTENBERND, Judge. The state appeals an order granting Mr. Pugh s motion to suppress
evidenc...2d DCA 1992) (arrest for suspended driver s license permits search of vehicle). Reversed
and remanded. SCHOONOVER, A.C.J., and FULMER, J., concur.
456-CITE: 639 So.2d 1064 HYUNDAI MOTOR COMPANY (KOREA), et. al., Appellants, v. Evelyn PHILLIP, as
Personal Representative of the Estate of Ann Marie Phillip, deceased, Appellee.
TEXT: GODERICH, Judge. The defendants, Hyundai Motor Company (Korea), Hyundai MotorAmerica, and
Ce...ph, 506 So.2d 18 (Fla. 3d DCA 1987). For the foregoing reasons, we affirm the final judgment
entered on the jury verdict in favor of the plaintiff.
457-CITE: 669 So.2d 1083 STATE of Florida, Appellant, v. Dino SAVORELLI, Appellee.
TEXT: PER CURIAM. The state challenges the trial court s dismissal on speedy trial grounds of
coun...e order dismissing count II and remand for further proceedings. Reversed and remanded.
PATTERSON, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.
458-CITE: 703 So.2d 1251 STATE of Florida, Appellant, v. Laurine NESS, Appellee.
TEXT: PER CURIAM. The state appeals an order granting the defendant s motion to suppress pursuant
...le. We reverse the suppression order and remand for further proceedings. DELL and STEVENSON,
JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
459-CITE: 569 So.2d 493 Russell HANSTEIN, Appellant, v. CITY OF FT. LAUDERDALE, Appellee.
TEXT: PER CURIAM. Claimant appeals a workers compensation order by which a claim for benefits was
...der the Florida Workers Compensation Law. The order appealed is reversed and the cause remanded.
SHIVERS, C.J., and BOOTH and ZEHMER, JJ., concur.
460-CITE: 497 So.2d 1319 Seymour PLASNER, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant-appellant, a prospective purchaser of cannabis from undercover
pol...d not commit the crime which was stated. We are therefore compelled to reverse the conviction
with directions to discharge the defendant. Reversed.
461-CITE: 559 So.2d 106 Ricky Lee SWANK and Elaine Swank, husband and wife, Appellants, v. Leo W.
SCHRADER and Cean G. Schrader, husband and wife, Appellees.
TEXT: PER CURIAM. In the trial of this personal injury action, the court admitted into evidence a
...se is reversed and remanded for proceedings consistent herewith. Reversed and remanded. PARKER,
A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
462-CITE: 559 So.2d 1292 Clifton H. KIDNEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Clifton Kidney appeals the summary denial of his motion for postconviction
relie... Kidney has alleged that counsel deterred him from pursuing a futile gesture. Affirmed.
SCHOONOVER, A.C.J., and FRANK and THREADGILL, JJ., concur.
463-CITE: 687 So.2d 1323 CITY OF LAKELAND and Alexsis Risk Management, Appellants, v. Kenneth SCHIEL,
Appellee.
TEXT: KAHN, Judge. Appellants City of Lakeland and Alexsis Risk Management challenge a final
order...t. D.C. Moore & Sons v. Wadkins, 568 So.2d 998 (Fla. 1st DCA 1990) Accordingly, we REVERSE
the final order. BARFIELD, C.J., and DAVIS, J., concur.
464-CITE: 564 So.2d 1244 EASTERN AIRLINES and Reliance Insurance Co., Appellants, v. Jeanne KENNEDY,
Appellee.
TEXT: JOANOS, Judge. Eastern Airlines and Reliance Insurance Company have appealed an order of
the...olely to appellants apportionment defense. Affirmed, in part, reversed in part and remanded
with directions. SHIVERS, C.J., and MINER, J., concur.
465-CITE: 584 So.2d 145 STATE of Florida, Appellant, v. Thomas Lee SMITH, Appellee.
TEXT: ALTENBERND, Judge. The state appeals an order granting Thomas Lee Smith s motion to
suppress... ordinance which was presumptively valid. Accordingly, the evidence is admissible.
Reversed and remanded. HALL, A.C.J., and PATTERSON, J., concur.
466-CITE: 595 So.2d 1121 Francis Anthony VITALE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We find no error in the trial proceedings below except in the jury instructions
...for a new trial with jury instructions conforming to the requirements of Weller. REVERSED and
REMANDED. COBB, SHARP, W., and GRIFFIN, JJ., concur.
467-CITE: 632 So.2d 712 Johnnie JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. COBB and GRIFFIN, JJ., concur. DAUKSCH, J., dissents, with opinion.
...nt has a typographical error and the court improperly assessed 100FDLE and $15 drug and alcohol
costs. For these additional reasons I would reverse.
468-CITE: 438 So.2d 1030 STATE of Florida, Appellant, v. Daniel C. CAMPBELL, Appellee.
TEXT: PER CURIAM. We affirm the trial court s order granting Campbell s motion to suppress
evidenc...319 So.2d 22 (Fla.1975); compare State v. Turner, 345 So.2d 767 (Fla. 4th DCA 1977).
AFFIRMED. ERVIN, C.J., and THOMPSON and NIMMONS, JJ., concur.
469-CITE: 445 So.2d 1111 Edward Lynn RIBLETT, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Judge. Edward Lynn Riblett was convicted of conspiracy to traffic in cannabis. This
i...tt and find them to be without merit. Therefore, in all other respects, we affirm his judgment
and sentence. GRIMES, A.C.J., and RYDER, J., concur.
470-CITE: 576 So.2d 1383 Jader HABED, Appellant, v. STATE of Florida, Apellee.
TEXT: PER CURIAM. Appellant seeks reversal of a judgment of conviction and sentence of fifteen
yea...unt II is reversed and the judgment of conviction and sentence on Count I is affirmed in all
respects. DOWNEY, GLICKSTEIN and GARRETT, JJ., concur.
471-CITE: 583 So.2d 732 Shawn C. KILLINGS, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. Appellant, Shawn C. Killings, raises two issues on appeal from his conviction
...sciplined a lot to require a lick between their collective eyes by such a two by four to get
their attention as did the proverbial mule of jokelore.
472-CITE: 442 So.2d 399 George E. PARHAM, Appellant, v. EAST BAY RACEWAY and K & K Insurance Agency,
Appellees.
TEXT: HOBSON, Acting Chief Judge. George Parham, plaintiff below in a personal injury action,
appe...ummary judgment order and remand for further proceedings not inconsistent with this opinion.
REVERSED and REMANDED. SCHEB and DANAHY, JJ., concur.
473-CITE: 481 So.2d 1315 Herman Esry SAMMONS, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant appeals from his conviction and sentence for conspiracy to traffic
i...erated in that statute. We therefore strike that portion of the sentence. Affirm in part,
reverse in part. CAMPBELL, A.C.J., and HALL, J., concur.
474-CITE: 515 So.2d 1343 Ronald Harry WILHELM, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Judge. On October 29, 1986, while Officer Singleton and Officer Sloggett were parked
...would have been arrested. The stops for traffic infractions in those cases were not pretexts.
Reversed. SCHEB, A.C.J., and THREADGILL, J., concur.
475-CITE: 726 So.2d 815 Edward F. HOLODAK and Suzanne Domenico, Appellants, v. Robert E. LOCKWOOD, As
Clerk of the Court of the 17th Judicial Circuit, in and for Broward County, Florida, Appellee.
TEXT: PER CURIAM. Edward Holodak and Suzanne Domenico ( Appellants ) appeal an order dismissing
wi...nt. We, therefore, affirm the order of dismissal entered below. AFFIRMED. POLEN and TAYLOR,
JJ., and FRUSCIANTE, JOHN A., Associate Judge, concur.
476-CITE: 525 So.2d 512 Paul W. HESSEL, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We grant certiorari and quash the order affirming petitioner s traffic
convictio...cquittal. Certiorari granted; order quashed with directions. WALDEN and STONE, JJ.,
and OWEN, WILLIAM C., Jr., (Retired), Associate Judge, concur.
477-CITE: 592 So.2d 1274 Calvin Alexander LAZIER, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Calvin Alexander Lazier, appeals his convictions and sentences for
mu...ons. Accordingly, we affirm appellant s convictions and sentences for conspiracy and attempted
trafficking. Affirmed in part, and reversed in part.
478-CITE: 681 So.2d 802 STATE of Florida, Appellant, v. Charles T. STACHELL, Appellee.
TEXT: QUINCE, Judge. The State of Florida challenges an order entered by the trial court granting
...ing the evidence is hereby reversed, and this case is remanded to the trial court for further
proceedings. PARKER, A.C.J., and LAZZARA, J., concur.
479-CITE: 461 So.2d 63 James H. PAYNE, etc., et al., Petitioners, v. BROWARD COUNTY, et al.,
Respondents.
TEXT: EHRLICH, Judge. This case is before us for review of three questions certified to be of
grea... Accordingly, we approve the district court decision. It is so ordered. BOYD, C.J., and
ADKINS, OVERTON, ALDERMAN, McDONALD and SHAW, JJ., concur.
480-CITE: 455 So.2d 432 PAYADYNE CORPORATION, a Delaware corporation, Appellant, v. Irwin H. MILLER and
Sonya Miller, his wife, and Phillip Benjamin and Marilyn Benjamin, his wife, Appellees.
TEXT: CAMPBELL, Judge. Appellant, Paradyne Corporation, seeks review of a declaratory judgment
and...to deny access and revoke the permit. Affirmed in part and reversed in part and remanded with
instructions. SCHEB, A.C.J., and DANAHY, J., concur.
481-CITE: 558 So.2d 409 Mary Sharon SULLIVAN, Petitioner, v. SILVER PALM PROPERTIES, INC., Respondent.
TEXT: BARKETT, Judge. We have for review Silver Palm Properties, Inc. v. Sullivan, 541 So.2d 624
(...ative and approve the decision of the district court. It is so ordered. EHRLICH, C.J., and
OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.
482-CITE: 553 So.2d 1376 Ann Wright McMILLION and Walter McMillion, Appellants, v. James Daniel WHALEN
and Sunshine Office Supplies, Inc., Appellees.
TEXT: CAMPBELL, Chief Judge. Appellants in this appeal present the single question of whether the
... the plaintiff s medical evidence of permanent injury based on a reasonable degree of medical
probability. Affirmed. RYDER and LEHAN, JJ., concur.
483-CITE: 538 So.2d 145 Cynthia Grey HARRIS, Petitioner, v. The Honorable Leroy H. MOE, or any alternate
successor judge, Respondent.
TEXT: PER CURIAM. A petition for writ of prohibition was filed, seeking review and reversal of an
... which speedy trial time will not have run. Our ruling is necessarily limited to the facts of
this case. DOWNEY, LETTS and GLICKSTEIN, JJ., concur.
484-CITE: 435 So.2d 269 The STATE of Florida, Appellant, v. Gerald BANKSTON, Appellee.
TEXT: SCHWARTZ, Chief Judge. In our first review of a Miami International Airport narcotics stop
a...S. 1104, 102 S.Ct. 2901, 73 L.Ed.2d 1312 (1982) (invalidating two hour detention of personal
luggage to arrange dog sniff). (FN7) See note 5, supra.
485-CITE: 585 So.2d 963 Theodore J. DeLISI and Richard DeLISI, Appellants, v. STATE of Florida,
Appellee.
TEXT: PATTERSON, Judge. The appellants, Theodore J. DeLisi (Teddy) and Richard DeLisi (Richard),
c...afficking and RICO counts, but reverse on the conspiracy count. Affirmed in part, reversed in
part. THREAGILL, A.C.J., and ALTENBERND, J., concur.
486-CITE: 568 So.2d 1274 STATE of Florida, Petitioner, v. Jamie STEMBER, Respondent.
TEXT: McDONALD, Justice. In State v. Stember, 565 So.2d 725, 726 (Fla. 4th DCA 1990), the court
ce...edings consistent with the views expressed in Parsons. It is so ordered. SHAW, C.J., and
OVERTON, EHRLICH, BARKETT, GRIMES and KOGAN, JJ., concur.
487-CITE: 561 So.2d 1215 Charles WELLS, as Sheriff of Manatee County, Florida; State of Florida,
Department of Transportation and Department of Highway Safety and Motor Vehicles, Division of
Highway Patrol, Appellants, v. Sue Helen STEPHENSON, individually and as parent and natural guardian
of Anne Liese Stephenson, and Sam J. Stephenson, Appellees.
TEXT: THREADGILL, Judge. Charles Wells, as Sheriff of Manatee County, Florida, appeals a judgment
... (Fla.1988). The trial court therefore erred in entering final judgment against the sheriff.
Reversed. CAMPBELL, C.J., and SCHOONOVER, J., concur.
488-CITE: 603 So.2d 1349 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. William C. DeSHONG, Respondent.
TEXT: ALTENBERND, Judge. The State of Florida, Department of Highway Safety and Motor Vehicles
(th...e Department s petition and quash the circuit court s order that reinstated Mr. DeShong s
driving privileges. PARKER, A.C.J., and BLUE, J., concur.
489-CITE: 724 So.2d 183 William ACREE, as personal representative, etc., Appellant, v. HARTFORD SOUTH
INCORPORATED, etc., Appellee.
TEXT: W. SHARP, J. Acree, as personal representative of the estate of April D. Entenman, appeals
f...monly understood by the jurors. Thus the expert s testimony was properly admitted in evidence.
Hill. AFFIRMED. PETERSON and THOMPSON, JJ., concur.
490-CITE: 721 So.2d 320 Tina JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: WHATLEY, Acting Chief Judge. Tina Jones appeals her conviction for driving while her
license...ate v. Riley, 698 So.2d 374 (Fla. 2d DCA 1997) (holding that go-peds are motor vehicles),
is dicta. Affirmed. NORTHCUTT and SALCINES, JJ., concur.
491-CITE: 670 So.2d 1053 Teresa TUCKER and Tommy Tucker, Her Husband, Appellants, v. GADSDEN COUNTY,
Florida, Appellee.
TEXT: BOOTH, Judge. Appellants ( Tuckers ) appeal the trial court s final judgment granting
Appell...al judgment granting the County s summary judgment motion and remand for further
proceedings. REVERSED AND REMANDED. JOANOS and WOLF, JJ., concur.
492-CITE: 632 So.2d 713 Vickey BANKSTON, Appellant, v. State of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. COBB and GRIFFIN, JJ., concur. DAUKSCH, J., dissents, with opinion.
...nt has a typographical error and the court improperly assessed 100FDLE and $15 drug and alcohol
costs. For these additional reasons I would reverse.
493-CITE: 632 So.2d 713 Jennifer JETER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. COBB and GRIFFIN, JJ., concur. DAUKSCH, J., dissents, with opinion.
...nt has a typographical error and the court improperly assessed 100FDLE and $15 drug and alcohol
costs. For these additional reasons I would reverse.
494-CITE: 632 So.2d 712 Carl ALLEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. COBB and GRIFFIN, JJ., concur. DAUKSCH, J., dissents, with opinion.
...nt has a typographical error and the court improperly assessed 100FDLE and $15 drug and alcohol
costs. For these additional reasons I would reverse.
495-CITE: 513 So.2d 798 Freddie Joe STILLER, Jeannie Stiller, Hubert Stiller and Verdie May Stiller,
Appellants, v. MARINER CAY PROPERTY OWNERS ASSOCIATION, INC., Appellee.
TEXT: PER CURIAM. In our opinion the trial court committed reversible error in granting the
tempor...escence, by allowing for transition to achieve continuity of security and traffic control,
in place of unilateral hardball tossed up by a bulldozer.
496-CITE: 529 So.2d 1278 William Donald TELFARE, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Telfare appeals from his convictions and sentences for the offenses of
racket..., 610 F.2d 309 (5th Cir.1980); United States v. Ippolito, 438 F.2d 417 (5th Cir.), cert.
denied, 402 U.S. 953, 91 S.Ct. 1620, 29 L.Ed.2d 123 (1971).
497-CITE: 514 So.2d 394 STATE of Florida, Appellant, v. Burton Sanford WOLCOFF, Appellee.
TEXT: PER CURIAM. This case arises from the state s appeal of the granting of a motion to
suppress...ind no merit in the state s argument regarding consent. Accordingly, we affirm. DELL and
WALDEN, JJ., concur. STONE, J., dissents without opinion.
498-CITE: 635 So.2d 977 Michael J. VEILLEUX, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We have for review State v. Berger, 605 So.2d 488 (Fla. 2d DCA 1992), (FN1)
whic...tent with this opinion. It is so ordered. OVERTON, McDONALD, SHAW, GRIMES, KOGAN and
HARDING, JJ., concur. BARKETT, C.J., concurs in result only.
499-CITE: 548 So.2d 284 Oscar GARCIA, Appellant, v. The STATE of Florida, Appellee.
TEXT: BASKIN, Judge. Oscar Garcia appeals his conviction and sentence for conspiracy to traffic
in...merit. Garcia was brought to trial within fifteen days of his motion for discharge.
Fla.R.Crim.P. 3.191(i)(4). Reversed and remanded for new trial.
500-CITE: 546 So.2d 1059 Neptali Bautista LOBO, a k a Gustavo Adolfo Velez, Appellant, v. The STATE of
Florida, Appellee.
TEXT: PER CURIAM. Affirmed. Cf., e.g., State v. Maya, 529 So.2d 1282 (Fla. 3d DCA 1988).
SCHWARTZ...nt under review is reversed and the defendant is discharged. SCHWARTZ, C.J., and BASKIN,
J., concur. JOSEPH P. McNULTY, Associate Judge, dissents.
501-CITE: 703 So.2d 1158 Andre V. POOLE, Appellant, v. J.B. HUNT TRANSPORT, INC., and Florida
Unemployment Appeals Commission, Appellees.
TEXT: ALTENBERND, Acting Chief Judge. Andre V. Poole appeals the order of the Unemployment
Appeals...DCA 1995); see also Poppe v. Eclectic Bus. Machines, Inc., 661 So.2d 65 (Fla. 2d DCA
1995). Reversed and remanded. FULMER and QUINCE, JJ., concur.
502-CITE: 567 So.2d 505 ESTATE OF Patricia WALLACE, et al., Appellants, v. Linda FISHER, et al.,
Appellees.
TEXT: COWART, Judge. This case involves (a) admissibility of evidence that officer issued, or did
... trial is reversed and the cause remanded for a new trial in accordance with this opinion.
REVERSED and REMANDED. GOSHORN and HARRIS, JJ., concur.
503-CITE: 658 So.2d 1153 Rafael Amado MARTIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Rafael Amado Martin pleaded nolo contendere to possession of cocaine and
possess... of this disposition, it is unnecessary to address Martin s second issue on appeal.
Reversed. THREADGILL, C.J., and RYDER and FULMER, JJ., concur.
504-CITE: 738 So.2d 390 STATE of Florida, Appellant, v. Lawrence WIKSO, Appellee.
TEXT: FARMER, J. During pretrial proceedings on charges of possession of cocaine, the defendant
mo...he stop, seizure and arrest in this case, the trial court erred in holding the seizure and
arrest invalid. REVERSED. POLEN and KLEIN, JJ., concur.
505-CITE: 657 So.2d 51 Javaro K. THOMAS, Appellant, v. STATE of Florida, Appellee.
TEXT: QUINCE, Judge. Javaro K. Thomas appeals the denial of his motion to withdraw plea. We
affirm...adult for any subsequent violation of Florida law, unless the court, pursuant to this
paragraph, imposes juvenile sanctions under Section 39.059(6).
506-CITE: 578 So.2d 366 Robert SMITH and Michael Patterson, Appellants, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendants Robert Smith and Michael Patterson from
judg...ded to the trial court for a new trial on charges of (1) attempted drug trafficking, and (2)
conspiracy to traffic in drugs. Reversed and remanded.
507-CITE: 718 So.2d 833 The STATE of Florida, Appellant, v. Santiago O. HERNANDEZ, Appellee.
TEXT: GREEN, Judge. The State of Florida appeals an order suppressing a firearm seized from a
rent...is riding. ); State v. Davis, 415 So.2d 82, 84 (Fla. 4th DCA 1982). We therefore reverse the
order under review and remand for further proceedings.
508-CITE: 633 So.2d 570 Leila SALMAN and Kassim Salman, Appellants, v. Betty COOPER, Suzanne Salman,
Foreign Cars Continental, Inc., a Florida corporation, and Larry Jerome Baker, Appellees.
TEXT: PARIENTE, Judge. The appellants, Leila Salman (plaintiff) and her husband Kassim Salman,
app...enying the motion for new trial is reversed and this cause is remanded for a new trial.
REVERSED AND REMANDED. GLICKSTEIN and FARMER, JJ., concur.
509-CITE: 700 So.2d 439 Kim Vega MENDEZ, Appellant, v. JOHN CADDELL CONSTRUCTION CO., INC., et al.,
Appellees.
TEXT: PER CURIAM. Appellant, Kim Vega Mendez ( Mendez ) appeals an adverse final judgment entered
...etion requiring reversal and a new trial. This disposition renders it unnecessary to address the
remaining issues on appeal. Reversed and remanded.
510-CITE: 714 So.2d 1206 Ryan S. DOOLEY, Appellant, v. Carrie T. HARRIS, Appellee.
TEXT: W. SHARP, Judge. Ryan Dooley appeals from a final summary judgment in favor of Carrie
Harris...dent where employee took employer s truck without permission and was later involved in an
accident). AFFIRMED. PETERSON and THOMPSON, JJ., concur.
511-CITE: 585 So.2d 317 Herman A. SPANAGEL and Elizabeth Spanagel, Appellants, v. Richard P. LOVE, Jr.,
et al., Appellees.
TEXT: PETERSON, Judge. This is an appeal of the denial of Herman A. Spanagel s motion for new
tria...vacate the final judgment, and remand for new trial. REVERSED and REMANDED for new trial.
COWART, J., and ANTOON, J., II, Associate Judge, concur.
512-CITE: 599 So.2d 1052 James M. HERNDON, Appellant, v. STATE of Florida, Appellee.
TEXT: ON REMAND FROM SUPREME COURT PER CURIAM. In Herndon v. State, 591 So.2d 205 (Fla. 4th DCA
1...ion following the remand, the appellant s conviction and sentence are affirmed. Hunter, 586
So.2d at 321-322. ANSTEAD, DELL and STONE, JJ., concur.
513-CITE: 533 So.2d 1193 Kevin F. GOODBERRY and Marie Goodberry, his wife, Appellants, v. PHOENIX
RENT-A-CAR, INC., and Cenek Vincent Kopecky, Appellees.
TEXT: PARKER, Judge. Kevin and Marie Goodberry, appellants, appeal a final summary judgment
entere...d by the trial court and remand the case for proceedings consistent with this opinion.
REVERSED AND REMANDED. LEHAN, A.C.J., and HALL, J., concur.
514-CITE: 516 So.2d 308 Donald C. HARRINGTON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The issue in this case is whether a restitution order mandating that Harrington
...h Bowling v. State, 479 So.2d 146 (Fla. 5th DCA 1985). Reversed and remanded. DANAHY, C.J.,
FRANK, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
515-CITE: 561 So.2d 628 Vilacin SAINT LOUIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Vilacin Saint Louis appeals the judgment adjudicating him guilty of
conspirac..., J., concur. ------------ (FN2) The fourth vehicle was on the side; however, the record
is unclear whether it was parked on the right or left side.
516-CITE: 678 So.2d 1377 WARNING SAFETY LIGHTS OF GEORGIA, INC., Appellant, v. STATE of Florida,
DEPARTMENT OF REVENUE, L.H. FUCHS, Executive Director, Appellee.
TEXT: SHAHOOD, Judge. Appellant, Warning Safety Lights of Georgia, Inc. ( WSLG ), appeals from an
...partment to set aside or modify its Declaratory Statement to conform with this opinion. Reversed
and remanded. GLICKSTEIN and FARMER, JJ., concur.
517-CITE: 694 So.2d 94 Orlando TORRES, Appellant, v. Petrona GARCIA, Appellee.
TEXT: COPE, Judge. Defendant-appellant Orlando Torres appeals a final judgment in a trip-and-fall
... walked in and out of the same bedroom door numerous times without incident, and without
registering any complaint with her brother or the landlord.
518-CITE: 670 So.2d 64 UNION PARK MEMORIAL CHAPEL, et al., Petitioner, v. Kathleen HUTT, etc., et al.,
Respondents.
TEXT: KOGAN, Justice. We have for review Hutt v. Nichols, 652 So.2d 427 (Fla. 5th DCA 1995),
which...ustice, dissenting. I respectfully dissent. I would approve McCorvey v. Smith, 411 So.2d
273 (Fla. 1st DCA 1982), and disapprove the opinion below.
519-CITE: 599 So.2d 1009 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. FMS MANAGEMENT
SYSTEMS, INC., Appellee.
TEXT: PER CURIAM. AFFIRMED. LETTS, J., and FRANK, RICHARD H., Associate Judge, concur. ANSTEAD,
...sue is so close and the need for clearer guidelines great, I would certify the issue to the
Florida Supreme Court as one of great public importance.
520-CITE: 534 So.2d 1178 Craig SHUMAKE, Appellant Cross Appellee, v. FLORIDA EAST COAST RAILWAY COMPANY,
a corporation doing business in the State of Florida, and R.L. Acosta, Appellees Cross Appellants.
TEXT: DELL, Judge. Appellant, Craig Shumake, appeals from a judgment on the pleadings entered
agai...oceedings not inconsistent herewith. AFFIRMED IN PART; REVERSED IN PART and REMANDED.
ANSTEAD, J., and WARNER, MARTHA C., Associate Judge, concur.
521-CITE: 744 So.2d 1180 STATE of Florida, Appellant, v. Clifford DAVIDSON, Appellee.
TEXT: WHATLEY, Judge. The State appeals the order suppressing the cocaine found during a search
of...se the order granting the motion to suppress and remand for further proceedings. Reversed and
remanded. ALTENBERND, A.C.J., and DAVIS, J., Concur.
522-CITE: 515 So.2d 1061 Edward FRAZIER, Appellant, v. STATE of Florida, Appellee.
TEXT: UPCHURCH, Chief Judge. Edward Frazier appeals four judgments and sentences for burglary of
a...er is entitled to be resentenced. Judgments AFFIRMED, sentences REVERSED and cause REMANDED for
resentencing. ORFINGER and SHARP, W., JJ., concur.
523-CITE: 589 So.2d 937 Roland S. RICHARDSON and Annijane Richardson, his wife, Appellants, v. The
DEERWOOD CLUB, INC., a Florida corporation, Appellee.
TEXT: ERVIN, Judge. In their appeal from a final declaratory judgment, Roland S. and Annijane
Rich...wners consent. The motion for clarification is granted to the extent stated. The motion for
rehearing is denied. ZEHMER and BARFIELD, JJ., concur.
524-CITE: 613 So.2d 612 STATE of Florida, Appellant, v. Alejandro MENDIOLA and Giovanna Castillo,
Appellees.
TEXT: PER CURIAM. The state appeals the trial court s dismissal of the charges of trafficking in
c...ans, 597 So.2d 813 (Fla. 2d DCA), rev. denied, 601 So.2d 553 (1992). *613 ANSTEAD and WARNER,
JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
525-CITE: 585 So.2d 424 John Thomas JANES, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING JOANOS, Judge. The opinion of this court in the above styled case,
...an answer brief out of time. The procedure for filing answer briefs already set forth in Rule
9.210, Fla.R.App.P., should be followed in such cases.
526-CITE: 488 So.2d 601 Alan ZUKOR, Appellant, v. The STATE of Florida, Appellee.
TEXT: DANIEL S. PEARSON, Judge. The defendant, Alan Zukor, was convicted of offenses involving
can...oose these other alternatives does not make the alternative chosen unreasonable or unlawful.
The judgment under review is affirmed in all respects.
527-CITE: 689 So.2d 424 Jack LONDON and Trina London, Appellants, v. ATLANTIC MUTUAL INSURANCE COMPANY,
Appellee.
TEXT: KLEIN, Judge. We withdraw our previously issued opinion and substitute the following in its
..., which will be limited to plaintiff s comparative negligence, if any, and damages. WARNER, J.,
and HAZOURI, FREDERICK A., Associate Judge, concur.
528-CITE: 627 So.2d 1268 Carlos ARENAS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant pled guilty to trafficking in 400 or more grams of cocaine, as well
as...tion and the trial court s *1269 acceptance of same, appellant s mandatory minimum would have
trebled. GLICKSTEIN, ANSTEAD and HERSEY, JJ., concur.
529-CITE: 465 So.2d 1301 Connie Jean ROBINSON, Appellant, v. STATE of Florida, DEPARTMENT OF
TRANSPORTATION, Appellee.
TEXT: ERVIN, Chief Judge. Robinson appeals from a partial summary judgment (FN1) in favor of the
F...an existing intersection must be considered an operational-level activity, hence actionable.
Reversed and remanded. MILLS and ZEHMER, JJ., concur.
530-CITE: 600 So.2d 466 BUDGET RENT A CAR SYSTEMS, INC., Appellant, v. Virginia JANA and Orlando Jana,
her husband, Appellees.
TEXT: POLEN, Judge. The plaintiff and appellee, Mrs. Jana, was involved in two automobile
accident...her respects, we adhere to our previously issued opinion. REVERSED and REMANDED. DELL,
POLEN, JJ., and ALDERMAN, JAMES E., Senior Justice, concur.
531-CITE: 676 So.2d 975 STATE of Florida, Petitioner, v. William R. WOODRUFF, Respondent.
TEXT: GRIMES, Chief Justice. We have for review State v. Woodruff, 654 So.2d 585 (Fla. 3d DCA
1995...s any criminal offense punishable by imprisonment in a county correctional facility not in
excess of one year. See Section 775.08, Fla.Stat. (1991).
532-CITE: 557 So.2d 632 Ana TARIN and her husband, Fernando Tarin, Appellants, v. CITY NATIONAL BANK OF
MIAMI as Trustee under Land Trust 5392-1, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiffs Ana Tarin and her husband Fernando Tarin
fro...f liability and comparative negligence, but reversed and remanded for a new trial on the issue
of damages only. Affirmed in part; reversed in part.
533-CITE: 509 So.2d 1269 Michael Ray BULGER, Appellant, v. STATE of Florida, Appellee.
TEXT: NIMMONS, Judge. This is an appeal from a sentence exceeding the recommended guidelines
range...for departure, pursuant to Albritton v. State, 476 So.2d 158 (Fla.1985), we REVERSE and
REMAND for resentencing. SHIVERS and THOMPSON, JJ., concur.
534-CITE: 728 So.2d 266 Joseph HERRMANN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Joseph Herrmann appeals the trial court s denial of his motion to suppress
evide...nt and judicial resources. Id. Reversed and remanded with directions. PARKER, C.J., and
FULMER, J., and QUINCE, PEGGY A., Associate Judge, Concur.
535-CITE: 599 So.2d 703 Charles Timothy RICHARDSON, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Chief Judge. Appellant seeks review of the denial of his motion to suppress a
handgu...f the bulge, was enough to permit the judge s approval of the limited pat-down which
disclosed the weapon. AFFIRMED. ERVIN and ALLEN, JJ., concur.
536-CITE: 711 So.2d 561 Phillip Wade REEVES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. After arguing with a coworker about assigned tasks, the appellant had a
physical...fabricated). We reverse the appellant s conviction and sentence and remand for a new
trial. DANAHY, A.C.J., and PATTERSON and QUINCE, JJ., concur.
537-CITE: 546 So.2d 1177 John F. SENATO, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. We find no merit in the issues raised by the appellant, John Senato, in this
ap...uant to Florida Rule of Civil Procedure 3.850. Watts v. State, 541 So.2d 1208 (Fla. 2d DCA
1988). Affirmed. FRANK, A.C.J., and PARKER, J., concur.
538-CITE: 453 So.2d 107 Claude W. MILLER, Sheriff of Brevard County, Florida, Appellant, v. CITY OF
INDIAN HARBOUR BEACH, City of Palm Bay, City of Melbourne, City of Indialantic, City of Melbourne
Beach, City of Cocoa Beach, City of Rockledge, City of Titusville, and City of Satellite Beach, all
municipal corporations, Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment in a declaratory relief action. The
variou...ard County ordinance as far as the assessment of multiple fines is concerned are affirmed.
AFFIRMED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur.
539-CITE: 658 So.2d 110 STATE of Florida, Petitioner, v. Bruce Rodney STRAM, Respondent.
TEXT: PER CURIAM. The state has filed a petition for certiorari seeking review of a decision of
th...r and remand with directions to reverse the suppression order. WRIT GRANTED, ORDER QUASHED and
REMANDED. COBB, PETERSON, and GRIFFIN, JJ., concur.
540-CITE: 508 So.2d 1328 Mark MILLER, Appellant, v. CITY OF FORT LAUDERDALE, Appellee.
TEXT: STONE, Judge. This is an appeal from a summary judgment in favor of the defendant-city. The
...So.2d 5 (Fla.1983). We therefore affirm the summary judgment in favor of the defendant. DOWNEY,
J., and RIVKIND, LEONARD, Associate Judge, concur.
541-CITE: 476 So.2d 1282 Alan Max JACOBSON, Petitioner, v. STATE of Florida, Respondent.
TEXT: EHRLICH, Justice. This interlocutory appeal of an order granting a motion to suppress comes
...cisis, or conflict. In this case, the flight issue remains undecided by this Court and Vollmer is
neither approved nor disapproved by this decision.
542-CITE: 649 So.2d 310 The STATE of Florida, Appellant, v. William VELEZ, also known as Humberto Barcos
Barrios, and Jesus Delgado, also known as Orlando Marquez, Appellees.
TEXT: SCHWARTZ, Chief Judge. We reverse the suppression of the cocaine seized following a police
s...reach the state s other contentions, including the apparently correct one that the stop was
justified by a founded suspicion of a narcotics offense.
543-CITE: 678 So.2d 388 David MENDEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PARIENTE, Judge. Defendant appeals the denial of his motion to suppress and accordingly his
...er was authorized to do so without regard to any improper motive. We accordingly affirm the order
of the trial court. POLEN and KLEIN, JJ., concur.
544-CITE: 633 So.2d 1150 STATE of Florida, Petitioner, v. Peter P. LOPEZ, Respondent.
TEXT: PETERSON, Judge. The state seeks a petition for writ of certiorari to review a decision of
t...onsistent herewith. State v. Richard, 610 So.2d 107 (Fla. 3d DCA 1992). WRIT ISSUED; ORDER
QUASHED AND REMANDED. DAUKSCH and GOSHORN, JJ., concur.
545-CITE: 446 So.2d 264 STATE of Florida, Appellant, v. Willie BOSTIC, Jr., a k a Slick , Appellee.
TEXT: GRIMES, Acting Chief Judge. The state appeals an order granting appellee s motion to
dismiss...embarrassed appellee in the preparation of his defense nor exposed him to double jeopardy.
REVERSED AND REMANDED. SCHEB and CAMPBELL, JJ., concur.
546-CITE: 563 So.2d 826 Jessie Lee JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Acting Chief Judge. Defendant appeals from his convictions and sentencing for
rackete...); Hutton v. Sussman, 504 So.2d 1372 (Fla. 3d DCA 1987). Affirmed except reversed and
remanded as to costs. PATTERSON and ALTENBERND, JJ., concur.
547-CITE: 449 So.2d 375 Jose RODRIGUEZ, Appellant, v. COMMERCIAL UNION INSURANCE COMPANY, Mencia
Insurance Agency, Inc., and Department of Highway Safety and Motor Vehicles, Appellees.
TEXT: FERGUSON, Judge. Plaintiff sued his insurance agent, the insurance company, and the
Departme...irect, demonstrable, objective relationship between the violation for which the
surcharge was imposed and the increased risk of highway accidents.
548-CITE: 505 So.2d 2 Peter Allen JORDAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant raised four points in this criminal appeal. We affirm as to all
except...reconsideration and clarification by the trial court. AFFIRMED in part, REVERSED in part
and REMANDED. ERVIN, WIGGINTON and BARFIELD, JJ., concur.
549-CITE: 477 So.2d 649 Kevin GRIMES, Robert L. Jones and James Jenkins, Appellants, v. STATE of
Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellants appeal their convictions, entered pursuant to pleas of nolo
con...JJ., concur. ------------ (FN1) See Townsley v. State, 443 So.2d 1072 (Fla. 1st DCA 1984) and
Lancaster v. State, 369 So.2d 687 (Fla. 1st DCA 1979).
550-CITE: 454 So.2d 753 M.L.K., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. M.L.K., a juvenile offender, appeals his conviction of dealing in stolen
prop...o.2d 44, 45 (Fla.1974). The trial court properly denied appellant s motion for judgment of
acquittal. AFFIRMED. SHIVERS and THOMPSON, JJ., concur.
551-CITE: 552 So.2d 1151 The STATE of Florida, Appellant, v. Pedro ANDRES, Appellee.
TEXT: PER CURIAM. Pedro Andres was charged with trafficking by sale and delivery of cocaine and
co...d by any other rule of law, they are admissible evidence. Section 90.402, Fla.Stat. (1987).
The order is reversed and the cause remanded for trial.
552-CITE: 518 So.2d 311 FLORIDA MINING & MATERIALS CORPORATION, etc., Petitioner, v. CITY OF PORT
ORANGE, etc., et al., Respondents.
TEXT: COBB, Judge. The petitioner, Florida Mining and Materials Corporation, seeks certiorari
revi...versely impact adjoining properties and the general public safety. * * * * * * (FN4)
Anderson, 1 American Law of Zoning, Section 7.09 (1986).
553-CITE: 567 So.2d 1380 AMENDMENT TO FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS.
TEXT: PER CURIAM. The Florida Bar Traffic Court Rules Committee has proposed minor technical
chang...ation in the Civil Traffic Infraction Hearing Officer Program. This amendment is necessary
to conform the Rule to the provisions of amended statute.
554-CITE: 450 So.2d 318 Arthur PRIEST and Parker Priest, Appellants, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellants, Arthur and Parker Priest, challenge the trial judge s denial on the
...ants right to collaterally attack the sentence pursuant to Rule 3.850, Florida Rules of Criminal
Procedure. BOOTH, SHIVERS and JOANOS, JJ., concur.
555-CITE: 666 So.2d 197 James TIMONERE, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Judge. James Timonere was convicted of racketeering, trafficking, and conspiracy to
t... and we remand for resentencing pursuant to Barry v. State, 654 So.2d 1229 (Fla. 2d DCA 1995).
Remanded. THREADGILL, C.J., and FULMER, J., concur.
556-CITE: 483 So.2d 834 J.R.S., Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Judge. The county court certified the following question to this court as one of
grea...rt s order of probation including the special condition that appellant serve five weekends in
the county jail. RYDER, C.J., and GRIMES, J., concur.
557-CITE: 598 So.2d 267 STATE of Florida, Petitioner, v. Juan RAMOS, Respondent.
TEXT: COPE, Judge. The State petitions for a writ of certiorari to review an order of the
appellat...--- (FN5) In view of this conclusion, we need not reach the alternative argument that the
stop was justified on the basis of the traffic infraction.
558-CITE: 710 So.2d 575 RYDER TRUCK RENTAL, INC., a Florida corporation, Metallic Engineering Co., Inc.,
a Florida corporation, and Jon C. Ball, Appellants cross-appellees, v. James PARTINGTON, Appellee
cross-appellant.
TEXT: STONE, Chief Judge. Plaintiff and an employee of Metallic Engineering were involved in a
col...nd for a new trial on the issue of punitive damages based on vicarious liability. PARIENTE,
BARBARA J. and KARLAN, SANDY, Associate Judges, concur.
559-CITE: 515 So.2d 286 Juan ALVAREZ, Appellant, v. STATE of Florida, Appellee.
TEXT: ANSTEAD, Judge. This is an appeal challenging the trial court s denial of a motion to
suppre...be dismissed since the state is in agreement that the suppression issue is determinative of
the outcome of the case. DELL and GUNTHER, JJ., concur.
560-CITE: 595 So.2d 1042 Blandina CHIAPPONI, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. LETTS, J., concurs. WARNER, J., concurs specially with opinion.
GLI...ems in all fairness that a higher level of participation should be reached than here before
intent and agreement are considered to have been proven.
561-CITE: 450 So.2d 292 Robin ANGEL and Ronald Burt Nichols, Appellants, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by Robin Angel and Ronald B. Nichols from judgments of guilty
...ing argument raised in Priestly v. State, supra. We reject it for the reasons set forth in
Priestly. AFFIRMED. DOWNEY, BERANEK and WALDEN, concur.
562-CITE: 513 So.2d 238 Susan A. CURTIS, Appellant, v. BULLDOG LEASING COMPANY, INC., The City of Boca
Raton, Carriers Insurance Company, Crawford Catia, Heavy Machinery Tool Transport, Inc. and Suwannee
Transfer Company, Inc., Appellees.
TEXT: LETTS, Judge. The trial court granted a final summary judgment in favor of a municipality,
s...reach other conclusions not discussed by the majority or me. In my view, they should have been
given the opportunity; and it was error not to do so.
563-CITE: 497 So.2d 678 STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellant, v. James Warren BROWN,
Appellee.
TEXT: HERSEY, Chief Judge. This is an appeal from a final judgment (entered in accordance with a
j... a verdict in favor of DOT. Accordingly, we *681 affirm both the final judgment and order
awarding costs. AFFIRMED. ANSTEAD and DELL, JJ., concur.
564-CITE: 524 So.2d 685 Travis Harrison CRESSWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the conviction herein but remand for deletion of the costs assessed
pu...ate v. Johnson, 516 So.2d 1015 (Fla. 5th DCA 1987), wherein the certified question related to
the initial stop rather than the subsequent detention.
565-CITE: 644 So.2d 560 AMERICAN BANKERS INSURANCE COMPANY, Appellant, v. MONROE COUNTY, Appellee.
TEXT: PER CURIAM. This is an appeal by American Bankers Insurance Company, a surety company, from
...Bldg. Corp., 190 So.2d 197, 198-99 (Fla. 4th DCA 1966). See generally 28 Fla.Jur.2d Guaranty &
Suretyship Section 28 (1981). Reversed and remanded.
566-CITE: 592 So.2d 363 STATE of Florida, Appellant, v. Roy David JONES, Appellee.
TEXT: HARRIS, Judge. Roy David Jones, the owner of the 1976 Pontiac Grand Prix involved herein,
wa... to exceed, in my opinion and that now expressed by appellee, the bounds of the original
consent. The trial judge apparently agreed. I would affirm.
567-CITE: 519 So.2d 706 Dexter MORRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Dexter Morris appeals from his judgment and sentences for possession of
cocaine...ment and sentences and remand this cause with directions to discharge the appellant for
the instant offenses. RYDER, A.C.J., and LEHAN, J., concur.
568-CITE: 518 So.2d 1376 Jennings Harold LEFFEW, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant appeals a sentence departing from the sentencing guidelines. We
reve...tate, 476 So.2d 158 (Fla.1985). Affirmed in part, reversed in part, and remanded for
resentencing. SCHOONOVER, A.C.J., and THREADGILL, J., concur.
569-CITE: 538 So.2d 50 John D. BAILEY, Sr., et al., Petitioners, v. CITY OF ST. AUGUSTINE BEACH,
Florida, Respondent.
TEXT: ORFINGER, Judge. Petitioners seek a writ of certiorari to quash a decision of the circuit
co...the petition for writ of certiorari is granted and the circuit court order is quashed. WRIT
ISSUED. ORDER QUASHED. COWART and DANIEL, JJ., concur.
570-CITE: 494 So.2d 1129 In re FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS.
TEXT: OPINION PER CURIAM. Pursuant to a petition from the Traffic Court Review Committee and the
...epartment, certified by the official, to be taken to the nearest driver license examining station
in order to have the driving privilege reinstated.
571-CITE: 545 So.2d 461 The STATE of Florida, Appellant, v. Shirneatha JONES, Appellee.
TEXT: NESBITT, Judge. The state appeals an order granting defendant s motion to suppress physical
...ons, the order granting defendant s motion to suppress the evidence of the contraband is
reversed, and the case is remanded for further proceedings.
572-CITE: 678 So.2d 372 PEARL CRUISES, et al., Appellants, v. Belle BESTOR, et al., Appellees.
TEXT: SCHWARTZ, Chief Judge. The plaintiffs-appellees are California citizens who, through their
t...he motion. In sum, the order under review should be affirmed, but without prejudice to the
defendants to file a proper motion under new rule 1.061.
573-CITE: 725 So.2d 1169 METROPOLITAN DADE COUNTY, BOARD OF COUNTY COMMISSIONERS and University Baptist
Church, Inc., Petitioners, v. Charles DUSSEAU, et al., Respondents.
TEXT: PER CURIAM. The petitioners, University Baptist Church, Inc. [UBC] and Miami-Dade County
Boa...imony of the project architect, an independent real estate appraiser, and a traffic engineer.
Accordingly, we grant the petition. Petition granted.
574-CITE: 431 So.2d 325 Robert Edward DAVIS, Jr., Appellant, v. The STATE of Florida, Appellee.
TEXT: BASKIN, Judge. Because we find that the aggravated assault and the subsequent murder of a
wi...orrect the sentences to reflect a retention of jurisdiction in accordance with the order of the
court entered May 26, 1982, and with applicable law.
575-CITE: 638 So.2d 108 Blanca CORTES, Appellant, v. DELTA AIR LINES, INC., a Delaware corporation, and
Avianca, Inc., a New York corporation, Appellees.
TEXT: SCHWARTZ, Chief Judge. On January 2, 1991, a sixty-two-year-old infirm lady named Blanca
Cor...c request for assistance--one which should have been honored--we think it obvious that Delta s
conduct would not have made any proximate difference.
576-CITE: 471 So.2d 1333 Luis SOBRINO and Oscar E. Diaz, Appellants, v. The STATE of Florida, Appellee.
TEXT: NESBITT, Judge. Sobrino and Diaz appeal their convictions and sentences on a drug
traffickin... 481, 78 L.Ed.2d 679 (1983); United States v. Manley, 632 F.2d 978 (2d Cir.1980), cert.
denied, 449 U.S. 1112, 101 S.Ct. 922, 66 L.Ed.2d 841 (1981).
577-CITE: 611 So.2d 1265 STATE of Florida, Appellant, v. Ronnie RUSSELL, Appellee.
TEXT: PER CURIAM. The State of Florida challenges the trial court s final order granting the
appel...e affirm the dismissal of the RICO charge. Affirmed in part; reversed in part and remanded.
RYDER, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.
578-CITE: 718 So.2d 1280 J.B., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Following a routine traffic stop for failing to use a turn signal, the officer
o...l court was therefore correct in denying the motion to suppress. Affirmed. WARNER and KLEIN,
JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
579-CITE: 651 So.2d 1292 Richard McLAIN, Appellant, v. STATE of Florida, Appellee.
TEXT: QUINCE, Judge. Appellant Richard McLain does not dispute the trial court s finding that he
v...CA 1983). We remand to the trial court for this purpose. We otherwise affirm the violation of
probation. RYDER, A.C.J., and ALTENBERND, J., concur.
580-CITE: 520 So.2d 624 Joel P. TAYLOR, Jr., Appellant, v. GUNTER TRUCKING CO., INC., and Tyrone Alex
Peoples, Appellees.
TEXT: THOMPSON, Judge. This is an appeal from a partial summary final judgment in favor of the
def... the majority in the conclusion that Gunter Trucking must be held absolutely free of any
fault. I would reverse and remand for further proceedings.
581-CITE: 460 So.2d 1024 In the Interest of A.R., a child.
TEXT: DELL, Judge. A.R., a child, appeals from his conviction of burglary of a structure and of
lo...itering and prowling, and reverse the conviction of burglary of a structure. AFFIRMED IN PART
and REVERSED IN PART. LETTS and WALDEN, JJ., concur.
582-CITE: 750 So.2d 769 Daniel B. SHOCK, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from a denial of a motion to seal records in a criminal case.
... have used the words relate to. See also Vinyard v. State, 586 So.2d 1301 (Fla. 2d DCA 1991).
AFFIRMED. DAUKSCH, HARRIS and PETERSON, JJ., concur.
583-CITE: 710 So.2d 635 Reyneldon J. DAVIS, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Officer Reilly of the Orange County Sheriffs Department was working off-duty
...top would appear appropriate. In this case, a violation of the noise statute justified the stop.
AFFIRMED. GRIFFIN, C.J., and DAUKSCH, J., concur.
584-CITE: 625 So.2d 45 Aubry Allen GULLEY, as Personal Representative of the Estate of Annie Jean
McMillan Gulley, deceased, Appellant, v. Willie Andrew PIERCE, Individually, Keller Industries,
Inc., a Florida corp., Penske Truck Leasing, a foreign corp., Berneice Alberta DeRuiter,
Individually, and Ray Linkhart, Individually, Appellees.
TEXT: ERVIN, Judge. In this appeal from a final judgment entered in a wrongful death action,
findi.... 1st DCA 1991). AFFIRMED in part, REVERSED in part, and REMANDED for new trial as to all
parties. MINER, J., and WENTWORTH, Senior Judge, concur.
585-CITE: 553 So.2d 1246 WINN-DIXIE STORES, INC. and Insurance Company of North America, Appellants, v.
GENERAL MOTORS CORPORATION, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiffs Winn-Dixie Stores, Inc. and Insurance Co.
of...nt s entitlement to summary judgment. HUBBART and JORGENSON, JJ., concur. SCHWARTZ, C.J.,
would deny the motion for clarification without opinion.
586-CITE: 753 So.2d 669 Lindsey GLENN, Appellant, v. STATE of Florida, Appellee.
TEXT: GREEN, Judge. Lindsey Glenn appeals his judgments and sentences for burglary and
trafficking...ent, and therefore, appellant was not entitled to the voluntary intoxication
instruction. Affirmed. ALTENBERND, A.C.J., and CASANUEVA, J., Concur.
587-CITE: 483 So.2d 405 CITY OF DAYTONA BEACH SHORES, etc., Petitioner, v. STATE of Florida, Respondent.
COUNTY OF ST. JOHNS, et al., Appellants, v. BOARD OF TRUSTEES OF the INTERNAL IMPROVEMENT TRUST
FUND, Appellee.
TEXT: OVERTON, Justice. These consolidated cases concern the validity of beach user fees charged
d...nt life. Such a policy of absolute prohibition is so obviously the only acceptable policy that I
find anything less to be patently unconstitutional.
588-CITE: 576 So.2d 1303 In re CERTIFICATION OF JUDICIAL MANPOWER.
TEXT: SHAW, Chief Justice. Under the provisions of article V, section 9 of the Florida
Constitutio...duties to try cases in a fair, impartial, and timely manner. It is so ordered.
OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
589-CITE: 512 So.2d 310 Maximo GARCIA, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. Defendant Maximo Garcia appeals his conviction and sentence for
t...ch the defendant s remaining arguments. Accordingly, we vacate the defendant s conviction and
remand for a new trial. FRANK and HALL, JJ., concur.
590-CITE: 717 So.2d 501 Peter D. DEVONEY, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We have for review State v. Devoney, 675 So.2d 155 (Fla. 5th DCA 1996), wherein
...was entitled to a new trial unless the State could demonstrate that there was no reasonable
possibility that the misconduct affected the verdict. ).
591-CITE: 658 So.2d 1044 Samuel T. LEVINE, Appellant, v. BREVARD COUNTY SHERIFF S DEPARTMENT and
Gallagher Bassett Services, Appellees.
TEXT: JOANOS, Judge. Claimant appeals a workers compensation order denying compensability of his
c...ility of the claim for workers compensation benefits is reversed, and this cause is remanded for
further proceedings. ERVIN and MINER, JJ., concur.
592-CITE: 682 So.2d 632 John LOFTIS, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. John Loftis filed a petition for writ of certiorari to review a final
order...udge panel. *635 We reverse and remand with instructions that Loftis be discharged.
GOSHORN, J., concurs. GRIFFIN, J., dissents, without opinion.
593-CITE: 546 So.2d 1176 Jose HURTADO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm defendant s convictions for trafficking in cocaine and conspiracy to
t... re: Use by the Trial Courts of the Standard Jury Instructions, 198 So.2d 319, 319 (Fla.1967).
DANAHY, A.C.J., LEHAN and ALTENBERND, JJ., concur.
594-CITE: 569 So.2d 938 Francisco HERNANDEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant Francisco Hernandez was found guilty of separate counts of conspiracy
...ivered and sold. There was an adequate basis for the conspiracy conviction. See Ellis v. State,
528 So.2d 1327, 1328 (Fla. 5th DCA 1988). Affirmed.
595-CITE: 538 So.2d 106 David Armstrong MITCHELL, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. This is a petition for writ of certiorari from a determination of the circuit
co... (Fla.1987); Combs v. State, 436 So.2d 93 (Fla.1983); and State v. Soto, 444 So.2d 1151 (Fla.
5th DCA 1984). I do, therefore, respectfully dissent.
596-CITE: 486 So.2d 67 Dallas DIXON, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. Appellant, Dixon, and Mark McLamore agreed in Fort Lauderdale to haul one
hun... judgment and sentence and to discharge appellant. REVERSED AND REMANDED with directions.
DELL, J., and RIVKIND, LEONARD, Associate Judge, concur.
597-CITE: 659 So.2d 1110 STATE of Florida, Petitioner, v. Eric SPREITZER, Respondent.
TEXT: PER CURIAM. The state has filed a petition for certiorari seeking review of a decision of
th...es to statements made by the defendant while being transported. WRIT GRANTED, ORDER QUASHED
and REMANDED. COBB, PETERSON and GRIFFIN, JJ., concur.
598-CITE: 680 So.2d 617 Edward PERIERA, Appellant, v. FLORIDA POWER & LIGHT COMPANY, Appellee.
TEXT: KLEIN, Judge. Plaintiff was riding a motorcycle on a bike path at night, when he struck a
gu...tiff. We therefore reverse the summary judgment and certify conflict with Powell. STEVENSON,
J., and GROSSMAN, MELVIN B., Associate Judge, concur.
599-CITE: 700 So.2d 711 Katherine Ann CREAMER, as Personal Representative of the Estate of Mary
Katherine Creamer a k a Mary Katherine Shackton Creamer, Deceased, and on behalf of the survivor,
Katherine Ann Creamer, individually, Appellants, v. Monterio SAMPSON and Everett A. Rice, Sheriff of
Pinellas County, Appellees.
TEXT: BLUE, Judge. Katherine Ann Creamer, as Personal Representative of the Estate of Mary
Katheri...ingly, we reverse the order granting the motion to dismiss with prejudice and remand for
further proceedings. PARKER, C.J., and QUINCE, J., concur.
600-CITE: 450 So.2d 328 HOWARD JOHNSON COMPANY, Appellant, v. DIVISION OF ADMINISTRATION, STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, Appellee.
TEXT: HERSEY, Judge. In condemnation proceedings appellant unsuccessfully sought business damages
...same type of loss. To this extent any damage suffered is damnum absque injuria. Id. at 799.
Accordingly, we affirm. DOWNEY and DELL, JJ., concur.
601-CITE: 736 So.2d 741 CITY OF SARASOTA, a municipal corporation under the laws of the State of
Florida, Appellant, v. Robert E. WINDOM and John A. Hartenstine, Appellees.
TEXT: CASANUEVA, Judge. The City of Sarasota appeals injunctions enjoining the City from erecting
...zenry concurs with *744 the plaintiffs position, the remedy is only as far away as the next
election. CAMPBELL, A.C.J., and THREADGILL, J., Concur.
602-CITE: 622 So.2d 1374 Clifford D. DRIGGERS, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, Judge. Clifford D. Driggers appeals an order of restitution for damages resulting
... 1992 that it intended to seek restitution. This issue cannot be raised on appeal for the first
time. AFFIRMED. W. SHARP and GOSHORN, JJ., concur.
603-CITE: 741 So.2d 1268 Bruce WELCH, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, J. Welch appeals from his judgment and sentence for possession of cocaine. (FN1)
H...summons; it merely provides that an otherwise lawful search shall not be affected if the officer
issues a summons instead of making a formal arrest.
604-CITE: 456 So.2d 575 STATE of Florida, Appellant, v. Charles EDWARDS, Appellee.
TEXT: HOBSON, Judge. The state appeals an order placing Charles Edwards in a drug rehabilitation
p...arty cited below or on appeal. (FN1) Both statutes were slightly amended in 1983, but the
changes did not indicate a shifting of legislative intent.
605-CITE: 704 So.2d 1115 C.E.P., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. C.E.P. pled no contest to the charge of possession of a controlled substance,
re...granted. Accordingly, the order under review is reversed and the cause remanded for further
proceedings consistent herewith. Reversed and remanded.
606-CITE: 584 So.2d 156 Carlos ZAMORA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Carlos Zamora, was convicted of two counts of trafficking in
coca..., therefore, remand for resentencing. Affirmed in part, reversed in part, and remanded.
SCHOONOVER, C.J., and CAMPBELL and PATTERSON, JJ., concur.
607-CITE: 583 So.2d 794 Mario HERNANDEZ-REINOSO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Mario Hernandez-Reinoso, was convicted of trafficking in
cocaine,...We, therefore, remand for resentencing. Affirmed in part, reversed in part, and
remanded. SCHOONER, C.J., and CAMPBELL and PATTERSON, JJ., concur.
608-CITE: 636 So.2d 137 Alexander Bernard HARRIS, Appellant, v. The STATE of Florida, Appellee.
TEXT: SCHWARTZ, Chief Judge. The sole claim asserted on this appeal from a conviction for
conspira...estimony would not have elucidated the transaction in question at the trial. For this
reason, the ruling complained of was not erroneous. Affirmed.
609-CITE: 526 So.2d 678 BAILEY DRAINAGE DISTRICT, Petitioner, v. Evelyn STARK, etc., Respondent. BROWARD
COUNTY, Petitioner, v. Evelyn STARK, etc., Respondent.
TEXT: PER CURIAM. This cause is before the Court on petitions to review Stark v. Bailey Drainage
D...it. As I see it, the views of the dissent in Nielson are correct, but unfortunately it did not
carry the day. SHAW, BARKETT and KOGAN, JJ., concur.
610-CITE: 654 So.2d 146 Robert WELLS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Robert Wells (Wells), appeals his conviction of indirect criminal
con... criminal contempt and remand for the trial court to conduct a new trial inclusive of all
relevant evidence. Reversed and remanded for a new trial.
611-CITE: 632 So.2d 706 STATE of Florida, Appellant, v. Anthony HARRINGTON, Appellee.
TEXT: PER CURIAM. We reverse the trial court s order granting a motion to suppress physical
eviden...iate search incident to arrest. State v. Blanco, 513 So.2d 739 (Fla. 3d DCA 1987).
REVERSED AND REMANDED. ANSTEAD, HERSEY and FARMER, JJ., concur.
612-CITE: 538 So.2d 110 Eduardo BERRIO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Eduardo Berrio, argues that the trial court erred when, on remand
fol...rrence and amounts of cocaine so that the two did not constitute a single criminal episode.
CAMPBELL, C.J., and SCHOONOVER and PARKER, JJ., concur.
613-CITE: 504 So.2d 491 Ana Isabel ZUNIGA, Appellant, v. METROPOLITAN DADE COUNTY, Appellee.
TEXT: PER CURIAM. We affirm the summary judgment in favor of Metropolitan Dade County upon a
holdi...ow any like malfunction before the accident, there is no genuine issue of material fact as
to the County s actual or constructive notice. Affirmed.
614-CITE: 451 So.2d 986 STATE of Florida, Appellant, v. Dennis Troy BASS and Charles Wesley Keese,
Appellees.
TEXT: GRIMES, Judge. Appellees were charged with conspiracy to traffic in marijuana (court I) and
...uct. We reverse the order of dismissal with respect to both counts and remand for further
proceedings. HOBSON, A.C.J., and SCHOONOVER, J., concur.
615-CITE: 650 So.2d 696 Rigoberto NODAL, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Rigoberto Nodal from judgments of conviction
...save for the imposition of the three-year mandatory minimum sentence imposed in this case, which
sentence is hereby stricken. Affirmed as modified.
616-CITE: 675 So.2d 155 STATE of Florida, Appellant, v. Peter D. DEVONEY, Appellee.
TEXT: GRIFFIN, Judge. The state appeals an order of the lower court granting a new trial to the
de...WHICH THEY WERE INSTRUCTED TO DISREGARD CONSTITUTE AN OVERT ACT OF MISCONDUCT THAT WARRANTS A
NEW TRIAL? PETERSON, C.J., and W. SHARP, J., concur.
617-CITE: 525 So.2d 516 STATE of Florida, Appellant, v. Steven S. FREDERICK, Appellee.
TEXT: PER CURIAM. We reverse the trial court s order granting a motion to suppress evidence (a
.35...or appeal, we reverse and remand for further appropriate proceedings. REVERSED AND REMANDED.
HERSEY, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.
618-CITE: 536 So.2d 1162 Robert J. VERNI, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. The defendant, Robert J. Verni, appeals his convictions and
sente...ction for conspiracy to traffic in cocaine is reversed and remanded for proceedings
consistent with this opinion. SCHOONOVER and HALL, JJ., concur.
619-CITE: 585 So.2d 985 SOUTH ORLANDO BUSINESS GROUP, etc., et al., Appellants, v. CITY OF EDGEWOOD,
Florida, etc., et al., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a summary judgment in a declaratory relief action.
It...or the City of Edgewood. REVERSED and REMANDED. GOSHORN, C.J., and PETERSON, J., concur.
------------ (FN1) Expressio unius est exclusio alterius.
620-CITE: 542 So.2d 419 Kenneth YOST, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. This is a timely appeal from a judgment of conviction and departure sentence
...udgment and sentence appealed from are reversed and the cause is remanded for a new trial. DELL,
J., and MARTIN, KAREN L., Associate Judge, concur.
621-CITE: 590 So.2d 1114 LINDOS RENT A CAR and James D. Grant, Appellants, v. Constance STANDLEY,
Appellee.
TEXT: PER CURIAM. Appellee, Constance Standley, sued appellants, Lindos Rent A Car and James
Grant... not err in finding that appellee was entitled to a new trial on damages as well as
liability. GLICKSTEIN, C.J., and WARNER and POLEN, JJ., concur.
622-CITE: 571 So.2d 111 Frederick WESTLUND, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Frederick Westlund appeals his convictions for trafficking in cocaine,
conspirac...llant s convictions and remand for a new trial consistent with this opinion. REVERSED
AND REMANDED. HERSEY, C.J., and LETTS and DELL, JJ., concur.
623-CITE: 510 So.2d 962 Everett SANDERS, Appellant, v. CITY OF BELLE GLADE, Florida, Appellee.
TEXT: DOWNEY, Judge. From a final summary judgment in favor of the appellee, City of Belle Glade
(...se as pleaded by Sanders. AFFIRMED. ANSTEAD and GLICKSTEIN, JJ., concur. ------------ (FN2)
Reversed on other grounds at 498 So.2d 417 (Fla.1986).
624-CITE: 719 So.2d 1215 David RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: NORTHCUTT, Judge. David Rodriguez challenges his convictions for trafficking in cocaine and
...uling, Rodriguez s other points on appeal are moot. Reversed with instructions to discharge the
defendant. FRANK, A.C.J., and PATTERSON, J. concur.
625-CITE: 730 So.2d 363 Claudia DANIELEWICZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Claudia Danielewicz challenges the trial court s denial of her motion to
suppres...on, we reverse the trial court s denial of the motion to suppress. NORTHCUTT, A.C.J.,
CASANUEVA, J., and QUINCE, PEGGY A., ASSOCIATE JUDGE, Concur.
626-CITE: 431 So.2d 178 CITY OF MAITLAND, Florida, a municipal corporation, Appellant, v. ORLANDO
BASSMASTERS ASSOCIATION OF ORLANDO, FLORIDA, INC., a Florida corporation, not-for-profit; Don
Rickett; Edward Highsmith; Joseph M. Black; David Keller; Alen Wood; and Michael Hill Carlton,
Appellees.
TEXT: COBB, Judge. The City of Maitland enacted an ordinance (Ordinance 551, as amended by
Ordinan...ntial reason existed for the discrimination is fully supported by the evidence, and the
final judgment is AFFIRMED. SHARP and COWART, JJ., concur.
627-CITE: 605 So.2d 561 Alvin Deweitt DAVIS, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. The appellant, Alvin Deweitt Davis, seeks reversal of his judgment and
sentence...ffer evidence to sustain its burden. The trial court erred in denying Davis motion to
suppress. Reversed HALL, A.C.J., and SCHOONOVER, J., concur.
628-CITE: 513 So.2d 741 The STATE of Florida, Appellant, v. George TERZADO, Appellee.
TEXT: PER CURIAM. The state appeals the trial court s order suppressing evidence seized by police
...to determine whether Terzado voluntarily abandoned the car and thus lacks standing to challenge
the seizure of the evidence. Reversed and remanded.
629-CITE: 501 So.2d 72 Steven Douglas BEWICK, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. Bewick appeals his felony conviction on two counts of driving while
intoxic...and what it means. The trial court read the statute correctly and properly denied the
motion to dismiss. AFFIRMED. DAUKSCH and COBB, JJ., concur.
630-CITE: 440 So.2d 1297 David William GRAY, Jr., individually, David William Gray, Sr., his father, and
Jeanne H. Gray, his mother, individually, Appellants, v. Edward M. BREAK, et al., Appellees.
TEXT: PER CURIAM. This is an appeal from a final judgment in favor of the defendants below. The
ac... the entire case it shall appear that the error complained of has resulted in a miscarriage of
justice. This section shall be liberally construed.
631-CITE: 563 So.2d 172 Arturo SECADA and King Cole Meat Products, Appellants, v. Janice WEINSTEIN,
Appellee.
TEXT: SCHWARTZ, Chief Judge. The sole issue at the trial of this automobile accident personal
inju...harmless. Accordingly, the judgment is reversed and the cause remanded for a new trial.
Reversed and remanded. ------------ (FN2) See supra note 1.
632-CITE: 631 So.2d 362 Derrick Lamont JORDON, Appellant, v. STATE of Florida, Appellee.
TEXT: DAVIS, Judge. Appellant appeals a corrected sentence entered April 7, 1993, nunc pro tunc
Fe...nce entered April 7, 1993, nunc pro tunc February 19, 1993 is reversed and the cause is
remanded for resentencing. BOOTH and LAWRENCE, JJ., concur.
633-CITE: 656 So.2d 1320 Sheila McNeil, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Chief Judge. Sheila L. McNeil, a passenger in a vehicle stopped for a traffic
infrac...a semi-automatic as small as a Raven .25 or as large as a Desert Eagle. In fact, McNeil s
purse was large enough to carry a fully automatic Tec-9.
634-CITE: 516 So.2d 310 The STATE of Florida, Appellant, v. Stuart Alan LANGER, Appellee.
TEXT: JORGENSON, Judge. This is an appeal by the state from a non-final order of the trial court
s...87). We accordingly reverse the trial court s order partially granting Langer s motion to
suppress. Reversed and remanded for further proceedings.
635-CITE: 557 So.2d 923 Jack W. HOOVER, etc., Appellant, v. Milford COURINGTON, et al., Appellees.
TEXT: DANIEL, Chief Judge. Appellant Jack Hoover, as personal representative of the estate of his
...ment on these claims. AFFIRMED in part; REVERSED in part; REMANDED for proceedings consistent
with this opinion. W.SHARP, and COWART, JJ., concur.
636-CITE: 721 So.2d 772 Thomas RUSSO, and Robin Russo, his wife, Appellants, v. LAKE BUENA VISTA
COMMUNITIES, INC., Appellee.
TEXT: GRIFFIN, C.J. Thomas Russo ( Russo ) and Robin Russo ( Robin ), his wife, (collectively the
...tuart Mill, Utilitarianism 60 (O. Piest, ed., Bobbs-Merrill 1957) (1861)). AFFIRMED. HARRIS,
J., concurs. DAUKSCH, J., dissents, without opinion.
637-CITE: 616 So.2d 146 WED TRANSPORTATION SYSTEMS, INC., Appellant, v. Donna H. BEAUCHAMP, Yvette Neary
and Alamo Rent-A-Car, Appellees.
TEXT: WOLF, Judge. Appellant, WED Transportation Systems, Inc. (WED), challenges a final judgment
...orthbound lane, and even assuming that Ms. Neary actually relied on whatever signal was given,
the facts here do not justify departing from Kerfoot.
638-CITE: 442 So.2d 419 Roger MILLER, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. Appellant entered a plea in the circuit court of nolo contendere to the
charg... the foregoing reasons, we hold that the trial court did not err in denying appellant s
motion to dismiss. AFFIRMED. DELL and WALDEN, JJ., concur.
639-CITE: 675 So.2d 615 POLK COUNTY, Appellant, v. Donna M. SOFKA, Appellee.
TEXT: BLUE, Judge. Polk County appeals the final judgment entered in Donna Sofka s favor
following...t so inconspicuous and so serious as to fit within the second exception. Accordingly, I
would hold that Polk County should be immune from liability.
640-CITE: 574 So.2d 1213 Fernando BOOM, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. The appellant was convicted of trafficking in cocaine and conspiracy to
t...and to the trial court for the imposition of concurrent minimum mandatory sentences. Reversed
and remanded. RYDER, A.C.J., and PARKER, J., concur.
641-CITE: 581 So.2d 967 Christopher CUMMO, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. The appellant challenges the denial of his motion to suppress crack cocaine
fou...court s order denying Cummo s motion to suppress and remand the cause with directions to grant
said motion. THREADGILL and ALTNEBERND, JJ., concur.
642-CITE: 432 So.2d 797 Lonnie Edell CARTER, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Judge. The appellant, Lonnie Edell Carter, has appealed from an order denying
hi...onstitute a taking into custody sufficient to commence the running of the speedy trial rule.
Gagel v. Cornelius, 380 So.2d 1333 (Fla. 5th DCA 1980).
643-CITE: 686 So.2d 735 Pedro HERNANDEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Acting Chief Judge. Pedro Hernandez appeals his judgment and sentence for
second...urt erred in denying this peremptory challenge and Mr. Hernandez is entitled to a new
trial. Reversed and remanded. BLUE and LAZZARA, JJ., concur.
644-CITE: 543 So.2d 1293 Jerry Lee ISAAC, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. Jerry Lee Isaac was convicted of conspiracy to traffic in
cocaine...late the sentence for the remaining convictions. Affirmed in part, reversed in part and
remanded with instructions. FRANK and PARKER, JJ., concur.
645-CITE: 573 So.2d 157 Terrtric DOCTOR, Appellant, v. STATE of Florida, Appellee.
TEXT: GARRETT, Judge. Appellant seeks review of the trial court s denial of his motion to
suppress.... The majority opinion does not approve touch, per se. Had it done so, I would have
dissented. The touch occurred because of a concern for a weapon.
646-CITE: 649 So.2d 227 Marvin REED, Petitioner, v. STATE of Florida, Respondent.
TEXT: GRIMES, Chief Justice. We review Reed v. State, 619 So.2d 1043 (Fla. 3d DCA 1993), in which
...secuted on the basis of the state attorney s investigation. This is what happens here with
respect to the kidnapping charges. OVERTON, J., concurs.
647-CITE: 622 So.2d 41 Michael McFALL and Katherine McFall, Appellants, v. INVERRARY COUNTRY CLUB, INC.;
Ben Johnson Cooper; Bruce Remsburg; and Inverrary Association, Inc., Appellees.
TEXT: FARMER, Judge. Inverrary Boulevard is a 4-lane divided roadway, with a landscaped median,
th...g objective or certain about opinions and estimates of near misses and their causes. I find no
error by the trial court in excluding this testimony.
648-CITE: 658 So.2d 76 FLORIDA BOARD OF BAR EXAMINERS re G.M.C.
TEXT: PER CURIAM. G.M.C. asks this Court to review the recommendation of the Florida Board of Bar
...C. s petition for admission to The Florida Bar. It is so ordered. GRIMES, C.J., and OVERTON,
SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
649-CITE: 744 So.2d 1025 In re PAYMENT OF FILING FEES. Glen A. Stacey, Appellant, v. Carol A. Ricci,
Appellee.
TEXT: FARMER, Judge. When a notice of appeal is filed in a civil action, there are two separate
ch...proval. The defaulting lawyer shall pay the filing fee within the time recommended in his
report. IT IS SO ORDERED. DELL and SHAHOOD, JJ., concur.
650-CITE: 528 So.2d 1233 Michael W. GREEN, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant was convicted of two counts of possession of contraband and one
...as they appeared to the officer under the exigencies at the time of the arrest. We should affirm
the trial court s denial of the motion to suppress.
651-CITE: 539 So.2d 596 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Iris Hart YOUNG,
et al., Appellees.
TEXT: PER CURIAM. The appellant, Florida Department of Transportation (DOT), challenges the trial
...d against DOT and remand for further proceedings consistent herewith. REVERSED AND REMANDED.
SCHEB, A.C.J., and RYDER and SCHOONOVER, JJ., concur.
652-CITE: 455 So.2d 617 ALLSTATE INSURANCE COMPANY, a foreign corporation, Appellant, v. Robert
GILLESPIE, John J. Stewart, Jr., M.D., and Independent Fire Insurance Company, a foreign
corporation, Appellees. and Robert GILLESPIE, Cross-Appellant, v. John J. STEWART, Jr., M.D.,
Cross-Appellee.
TEXT: RYDER, Chief Judge. In the recent case of Government Employees Insurance Co. v. Novak, 453
S...s stemming from the incident in question. We also hold that Gillespie s cross-appeal is without
merit. AFFIRMED. DANAHY and CAMPBELL, JJ., concur.
653-CITE: 744 So.2d 536 Gerardo ARROYO-MUNOZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Gerardo Arroyo-Munoz ( Arroyo-Munoz ) appeals his convictions for vehicular
homi...new trial. See State v. DiGuilio, 491 So.2d 1129 (Fla.1986). Reversed and remanded for new
trial. BLUE, A.C.J., and FULMER and DAVIS, JJ., Concur.
654-CITE: 558 So.2d 495 Carlos A. REDONDO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Carlos Redondo appeals from a judgment of conviction for conspiracy to traffic
i...resulting from spill-over effect, defendant must demonstrate jury s inability to make
individualized determination as to each defendant). Affirmed.
655-CITE: 654 So.2d 982 Jeffrey L. BERKOWITZ, Trustee under unrecorded Declaration of Trust dated as of
July 1, 1989, Appellant, v. The CITY OF TAMARAC, a Florida municipal corporation, Appellee.
TEXT: KLEIN, Judge. Appellant s complaint, alleging breach of contract by the City of Tamarac,
was...k administrative relief before proceeding with his lawsuit. We therefore reverse and remand
for further proceedings. STONE and POLEN, JJ., concur.
656-CITE: 537 So.2d 1128 Vernon H. GOFF, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In Goff v. States, 512 So.2d 1095 (Fla. 2d DCA 1987) we affirmed the conviction
... of fifteen years. It is not necessary for the defendant to be present for resentencing.
CAMPBELL, C.J., and SCHOONOVER and PATTERSON, JJ., concur.
657-CITE: 559 So.2d 742 Carlos Avery BAILEY, Appellant, v. STATE of Florida, Appellee.
TEXT: MINER, Judge. Appellant, Carlos Avery Bailey, challenges his conviction for dealing in
stole...-cut case of personal use. In Lancaster, this court held that there was no trafficking where
the defendant put a stolen engine into his own vehicle.
658-CITE: 535 So.2d 343 Emilio JIMENEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. The appellant alleges that the evidence at his jury trial does not
suppor...(Fla.1981). Accordingly, we reverse appellant s conviction for conspiracy to traffic in
cocaine. REVERSED. FRANK, A.C.J., and PARKER, J., concur.
659-CITE: 648 So.2d 245 Hitesh PANCHAL, Appellant, v. Diane Marie ETHEN and Carnival Cruise Lines, Inc.,
a Panamanian corporation, Appellees.
TEXT: GUNTHER, Judge. Appellant, Hitesh Panchal, defendant below (Defendant), appeals a trial
cour...his case is reversed and remanded for further proceedings consistent with this opinion.
REVERSED AND REMANDED. GLICKSTEIN and WARNER, JJ., concur.
660-CITE: 617 So.2d 775 Gwendolyn KAO and Yuan Kao, her husband, Appellants, v. Luis J. LAUREDO,
Appellee.
TEXT: PER CURIAM. Gwendolyn Kao, the plaintiff below, braked because the vehicle in front of her
w...ns to enter an order granting the plaintiffs motion for directed verdict upon the issue of
liability and for a trial solely on the issue of damages.
661-CITE: 678 So.2d 445 Juergen HEDERGOTT, Appellant Cross-Appellee, v. William Alfred MOON and Tomye L.
Moon, Appellees Cross-Appellants.
TEXT: WHATLEY, Judge. Juergen Hedergott, plaintiff in an action for personal injuries, appeals a
f...with this opinion. THREADGILL, C.J., and QUINCE, J., concur. ------------ (FN1) Section
627.7327 was in effect at the time of the subject accident.
662-CITE: 578 So.2d 467 OCEAN PAVILION and Atlas General Agency, Appellants, v. Victor BETANCOURT,
Appellee.
TEXT: SMITH, Judge. The employer carrier (E C) appeal an order of judge of compensation claims
(JC...arked; he maintained the driveways so that they were open to traffic; he cleaned debris from
the area; and he roped off the entrance when necessary.
663-CITE: 582 So.2d 180 Mary C. DAVIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s conviction for conspiracy to traffic in cocaine. We
rejec...s clearly drawn for the jury, and we find no reversible error in the issues raised by
appellant on appeal. ANSTEAD, POLEN and GARRETT, JJ., concur.
664-CITE: 595 So.2d 1029 STATE of Florida, Appellant, v. Lillas Ivory LAGREE, Appellee.
TEXT: SMITH, Judge. The state has appealed an order suppressing evidence in appellee s
prosecution...driving without lights on caused any danger. Accordingly, the trial court s order
suppressing evidence is AFFIRMED. ZEHMER and ALLEN, JJ., concur.
665-CITE: 592 So.2d 1263 James BLUE, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Acting Chief Judge. James Blue appeals from the denial of his motion to suppress on
t...m are set aside. This case is remanded to the trial court for further proceedings consistent
with this opinion. THREADGILL and PARKER, JJ., concur.
666-CITE: 612 So.2d 689 Winston JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: KAHN, Judge. Winston Johnson, convicted of robbery and classified and sentenced as an
habitu...the trial judge shall reconsider, pursuant to Grimes, supra, whether he wishes to accord
habitual offender treatment. MINER and ALLEN, JJ., concur.
667-CITE: 719 So.2d 1204 METROPOLITAN DADE COUNTY a k a Miami-Dade County, Petitioner, v. SECTION 11
PROPERTY CORPORATION and Waycar Commercial Properties, Inc., Respondents.
TEXT: GODERICH, Judge. The petitioner, Metropolitan Dade County, seeks a writ of certiorari to
the...ari, quash the order of the circuit court, and reinstate the County Commission s resolution
*1206 denying the application for the special exception.
668-CITE: 501 So.2d 1291 Patrick WELLER, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. Defendant was charged with, and convicted of, trafficking and conspiracy to
tr...he charge of trafficking and reverse and remand for a new trial as to the conviction of
conspiracy to traffic. GLICKSTEIN and GUNTHER, JJ., concur.
669-CITE: 625 So.2d 968 STATE of Florida, Appellant, v. Willie B. POLLARD, Appellee.
TEXT: PARKER, Acting Chief Judge. The state appeals the trial court s order which granted Willie
B...r granting the motion to suppress and remand this case for further proceedings consistent with
this opinion. PATTERSON and ALTENBERND, JJ., concur.
670-CITE: 600 So.2d 1266 Randall Thomas MAY, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. May appeals from his convictions and sentences for two counts of
conspiracy...d I find out about it, Norman Allanson told you I am going to tell the Federal
Government. There were marshals here. You can bet they will get told.
671-CITE: 731 So.2d 101 STATE of Florida, Appellant, v. Henry PARRISH, Appellee.
TEXT: FULMER, Judge. The State appeals the trial court s suppression of evidence obtained during
a... oppressive or dominating. Reversed and remanded for further proceedings consistent with this
opinion. CAMPBELL, A.C.J., and SALCINES, J., Concur.
672-CITE: 751 So.2d 131 Gary Lee MILLER, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Chief Judge. Gary Miller appeals from his judgment and sentence for possession
of... that office to resolve the backlog of criminal appeals in this court, it is only appropriate
that we pause for a moment to celebrate their success.
673-CITE: 494 So.2d 1121 Inquiry Concerning a Judge, Judge J. Allison DeFOOR, II.
TEXT: PER CURIAM. This proceeding is before the Court upon a report of the Judicial
Qualifications...ublic reprimand. It is so ordered. McDONALD, C.J., and ADKINS, BOYD, OVERTON,
EHRLICH and SHAW, JJ., concur. BARKETT, J., concurs in result only.
674-CITE: 542 So.2d 454 The STATE of Florida, Appellant, v. Alfredo Emilio RODRIGUEZ, Appellee.
TEXT: PER CURIAM. The State appeals an order of the trial court granting defendant s motion to
sup...information was a product of the allegedly wrongful police conduct. See State v. Mosier, 392
So.2d 602 (Fla. 3d DCA 1981). Accordingly, we reverse.
675-CITE: 499 So.2d 920 Michael Joseph McFADDEN, Sr., etc., et al., Appellants, v. COUNTY OF ORANGE,
etc., Appellee.
TEXT: ORFINGER, Judge. Michael J. McFadden, as personal representative of the estate of Brendan
Mc...rn is not so immune. (FN8) Compare Trianon Park Condo v. City of Hialeah, 468 So.2d 912
(Fla.1985) and Everton v. Willard, 468 So.2d 936 (Fla.1985).
676-CITE: 559 So.2d 107 Douglas A. HARDING and Janet E. Harding, his wife, Appellants, v. ALLEN-LAUX,
INC., d b a Taylor Rental Center, Charles Hilyer, d b a Hilyer Sod Farms, and Alice Albritton,
Appellees.
TEXT: ALTENBERND, Judge. The plaintiffs, Mr. and Mrs. Harding, appeal a final summary judgment in
... Anderson, 80 Fla. 441, 450, 86 So. 629, 638 (1920) (on petition for rehearing). Reversed and
remanded. PARKER, A.C.J., and PATTERSON, J., concur.
677-CITE: 479 So.2d 258 CROSS-VALENTE CONSTRUCTION, INC., a Florida corporation, Appellant, v. PINELLAS
INDUSTRIES, INC., a Florida corporation, Appellee.
TEXT: FRANK, Judge. The appellant, Cross-Valente Construction, Inc., appeals from the trial court
...court is directed to enter an order transferring this matter to the Circuit Court, Pinellas
County, Florida. GRIMES, A.C.J., and LEHAN, J., concur.
678-CITE: 594 So.2d 259 Tobias BARFIELD, Petitioner, v. STATE of Florida, Respondent.
TEXT: HARDING, Justice. We have for review Barfield v. State, 564 So.2d 616, 617 (Fla. 4th DCA
199...ve, we answer the certified question in the negative. It is so ordered. SHAW, C.J., and
OVERTON, McDONALD, BARKETT, GRIMES and KOGAN, JJ., concur.
679-CITE: 521 So.2d 1094 James KEHOE, et al., Petitioners, v. STATE of Florida, Respondent.
TEXT: McDONALD, Chief Justice. The decision of the district court in this case, State v. Kehoe,
49...ed by the district court, but disapprove its reliance on Ogburn. It is so ordered. OVERTON,
EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
680-CITE: 569 So.2d 857 Gregory HERNANDEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. The appellant challenges his judgment and sentence for trafficking in
coca...ure sentence and remand for sentencing within the guidelines. Affirmed in part and reversed
in part. CAMPBELL, A.C.J., and THREADGILL, J., concur.
681-CITE: 516 So.2d 79 Deborah Dawn MURRAY, Appellant, v. STATE of Florida, Appellee.
TEXT: SMITH, Chief Judge. Appellant pled guilty to trafficking in cocaine, conspiracy to traffic
i...n v. State, 510 So.2d 654 (Fla. 2d DCA 1987). Accordingly, the cause is reversed and remanded
for resentencing. WENTWORTH and JOANOS, JJ., concur.
682-CITE: 704 So.2d 601 D.J. SPENCER SALES, Reliable Peat Co. JV, and Carl Robert Hetz, Appellants, v.
Colletta P. CLAMPITT, Appellee.
TEXT: JOANOS, Judge. This cause is before us for review of a trial court order granting a motion
f... of negligence from the jury. Accordingly, the final judgment is reversed and this cause is
remanded for a new trial. BOOTH and WOLF, JJ., concur.
683-CITE: 626 So.2d 1013 STATE of Florida, Appellant, v. Renee Eliane COUPAL, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, State of Florida, appeals an order of the County
Co...25 So.2d 88 (Fla. 5th DCA 1993). We, accordingly, hold that the subsequent DUI prosecution was
permissible. SCHOONOVER and THREADGILL, JJ., concur.
684-CITE: 746 So.2d 1109 SPRUCE CREEK DEVELOPMENT CO., OF OCALA, INC., Appellant, v. Wilma DREW and
William Drew, her husband, Appellees.
TEXT: GRIFFIN, J. Spruce Creek Development Company of Ocala, Inc. [ Spruce Creek ], appeals a
fina... purpose of Rule 1.442(c)(1) is met where either the rule or the statute is referenced.
REVERSED and REMANDED. W. SHARP, and GOSHORN, JJ., concur.
685-CITE: 564 So.2d 158 Juan Carlos LUCERO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Juan Carlos Lucero appeals from a final judgment of conviction for attempted
tra...nfidential informant is once again denied, there will then be a record sufficient for review
of the points raised on appeal. Reversed and remanded.
686-CITE: 510 So.2d 1138 STATE of Florida, Appellant, v. Samuel Wright CHAPEL, Appellee.
TEXT: FRANK, Judge. The state appeals from the trial court s order granting Chapel s motion to
sup...round the passenger seat. Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330, 54 L.Ed.2d 331
(1977). Reversed. DANAHY, C.J., and RYDER, J., concur.
687-CITE: 579 So.2d 281 Phyllis CLARKE, Appellant, v. Trevor STEWART and Sharon Stewart, his wife,
Appellees.
TEXT: GERSTEN, Judge. Appellant, Phyllis Clarke, appeals an order granting a new trial. We
affirm....DCA), cert. denied, 353 So.2d 674 (Fla.1977); Kinsey v. Kelly, 312 So.2d 461 (Fla. 1st DCA
1975), cert. denied, 333 So.2d 463 (Fla.1976). Affirmed.
688-CITE: 655 So.2d 1312 John N. PILLA, Appellant, v. The SCHOOL BOARD OF DADE COUNTY, FLORIDA, etc.,
Appellee.
TEXT: PER CURIAM. John N. Pilla appeals an order terminating his employment. We reverse. Pilla
wa...ed and the cause remanded with directions to enter a final order in accordance with the hearing
officer s recommended order. Reversed and remanded.
689-CITE: 475 So.2d 310 Richard DODD, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Defendant appeals his conviction and sentence for conspiracy to traffic in
cann...risdiction provision of the defendant s sentence but affirm the judgment and sentence in all
other respects. GRIMES, A.C.J., and FRANK, J., concur.
690-CITE: 460 So.2d 483 Alex Washington WIGGINS, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. Appellant Wiggins seeks review of his conviction on charges of conspiracy
to...CA 1979). I believe that the Florida Supreme Court s decision in King was not intended to reach
the type situation which we have in the case at bar.
691-CITE: 558 So.2d 138 Daniel Joseph HORNER, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant Horner was convicted of trafficking in cocaine, conspiracy to traffic
...imony of Miller and Hofsteder, as well as Horner s own statement, were sufficient for the jury to
convict Horner of conspiracy. We therefore affirm.
692-CITE: 462 So.2d 1170 BREVARD SECURITY PATROL, INC., et al, Appellants, v. Roger PUGH, Appellee.
TEXT: PER CURIAM. A security company was the named insured in an errors and omissions liability
in...3 (1967); Albert J. Schiff Associates, Inc. v. Flack, 73 A.D.2d 329, 425 N.Y.S.2d 612, aff d,
51 N.Y.2d 692, 435 N.Y.S.2d 972, 417 N.E.2d 84 (1980).
693-CITE: 558 So.2d 76 The BABCOCK CO., Appellant, v. STATE of Florida, LAND AND WATER ADJUDICATORY
COMMISSION, et al., Appellees.
TEXT: MINER, Judge. The Babcock Company has appealed a final order of the Florida Land and Water
A...fically do not, address the propriety of requiring Babcock to bear the full cost of the proposed
overpass. Affirmed. BOOTH and ALLEN, JJ., concur.
694-CITE: 659 So.2d 1283 Paul R. DUNCAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant s judgment and sentence are affirmed. Initially we conclude that the
t...denied, 479 U.S. 1101, 107 S.Ct. 1332, 94 L.Ed.2d 183 (1987); White v. State, 377 So.2d 1149
(Fla.1979). GLICKSTEIN, STONE and FARMER, JJ., concur.
695-CITE: 456 So.2d 944 CITY OF DELRAY BEACH, Appellant, v. DEPARTMENT OF TRANSPORTATION and Palm Beach
County, Appellees.
TEXT: ERVIN, Chief Judge. Appellant, City of Delray Beach (the city), challenges a final order of
...f any be available, of DOT s decision affecting the functional and jurisdictional classification
of this roadway. BOOTH and WENTWORTH, JJ., concur.
696-CITE: 622 So.2d 1134 John DEBOER, as personal representative of the Estate of Bonnie Lynn
Drumheller, Deceased, Appellant, v. FLORIDA OFFROADERS DRIVER S ASSOCIATION, INC., etc., Appellee.
TEXT: PETERSON, Judge. Appellant is personal representative of the estate of Bonnie Lynn
Drumhelle...nally, most releases are one-sided; that is why they are looked upon with disfavor.
AFFIRMED. DAUKSCH and COBB, JJ., concur. *1138 (ILLUSTRATION)
697-CITE: 571 So.2d 12 Ted James BERGLING, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Acting Chief Judge. The appellant, Ted James Bergling, challenges the judgments
...hin the guidelines. Shull v. Dugger, 515 So.2d 748 (Fla.1987). Affirmed in part, reversed in
part, and remanded. LEHAN and PATTERSON, JJ., concur.
698-CITE: 654 So.2d 635 Marjorie Elizabeth THOMAS, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR CERTIFICATION OF QUESTION TO THE FLORIDA SUPREME COURT PER CURIAM. Appellant
...ROM, REQUIRE THE PROSECUTION TO BE PERMANENTLY ABATED AB INITIO IN THE TRIAL AND APPELLATE
COURTS? WEBSTER, MICKLE and VAN NORTWICK, JJ., concur.
699-CITE: 528 So.2d 1373 Anibal RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: NESBITT, Judge. This is an appeal from a conviction of attempted, premeditated murder. The
d... 101 S.Ct. 407, 66 L.Ed.2d 250 (1980). The remaining point claiming an improper instruction
relative to flight is equally without merit. Affirmed.
700-CITE: 694 So.2d 775 Debra S. DALY, Appellant, v. DENNY S, INC., a California corporation, d b a
Denny s Restaurant No. 1623, and Capri Riviera Beach, Inc., a Florida corporation, d b a Super 8
Motel, Appellees.
TEXT: HAUSER, JAMES C., Associate Judge. Debra S. Daly appeals the trial court s order granting a
...s assaulted on property controlled by the landowner. Id. at 875. Both Florida and out-of-state
authorities support the result reached in this case.
701-CITE: 497 So.2d 1311 Reynerio E. LARA, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. Lara pled nolo contendere to a charge of possession of cocaine, reserving the
...il difficulty arose in obtaining the required papers. We find this search constitutionally
permissible. Affirmed. SHIVERS and JOANOS, JJ., concur.
702-CITE: 687 So.2d 66 James HALL, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, James Hall ( defendant ), contends that the trial court erred in
deny...See State v. Ellis, 491 So.2d 1296 (Fla. 3d DCA 1986); Sumlin v. State, 433 So.2d 1303 (Fla.
2d DCA 1983). Reversed and remanded with instructions.
703-CITE: 717 So.2d 132 Mindiaza McCLOUD, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, Judge. The issue presented by this appeal is whether appellant s actions in
attemptin...of appellant s community control, the Scott decision is relevant in this case; however,
our affirmance makes it unnecessary for us to address Scott.
704-CITE: 541 So.2d 1307 William BRIMMER, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. The defendant, charged with manslaughter and convicted of vehicular homicide,
...idence that would constitute an excusable homicide defense. Therefore, the judgment and sentence
are affirmed. GLICKSTEIN and WALDEN, JJ., concur.
705-CITE: 576 So.2d 812 Felix DE LA HOZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: LEVY, Judge. Felix De La Hoz appeals his final judgments of conviction and sentences for
fir...6); Porter v. State, 400 So.2d 5 (Fla.1981); Andrade v. State, 564 So.2d 238 (Fla. 3d DCA
1990), review denied, 576 So.2d 284 (Fla.1991). Affirmed.
706-CITE: 605 So.2d 898 QUICK CASH OF CLEARWATER, INC., a Florida corporation, Appellant, v. STATE of
Florida, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF CONSUMER SERVICES, Appellee.
STATE of Florida, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF CONSUMER SERVICES,
Appellant, v. QUICK CASH OF TAMPA #1, INC., a Florida corporation; Quick Cash of Tampa 2, Inc., a
Florida corporation; and Quick Cash of Tampa #3, Inc., a Florida corporation, Appellees.
TEXT: ALTENBERND, Judge. These two cases involve efforts by the Division of Consumer Services
(the...the executive branch unless section 570.544, Florida Statutes (1991), is clarified. Reversed
and remanded. DANAHY, A.C.J., and PARKER, J., concur.
707-CITE: 615 So.2d 871 STATE of Florida, Appellant, v. James DOYLE, Appellee.
TEXT: HERSEY, Judge. The state appeals from an order granting a motion to suppress physical
eviden...hysical evidence and remand for further appropriate proceedings. REVERSED AND REMANDED.
STONE, J., concurs. FARMER, J., dissents without opinion.
708-CITE: 606 So.2d 1236 David Lee GALLAGHER, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This case is before us on remand for reconsideration in light of the Florida
Sup... DCA 1990). The Florida Supreme Court, however, vacated the judgment and remanded for
reconsideration. Gallagher v. State, 597 So.2d 767 (Fla.1991).
709-CITE: 753 So.2d 749 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Manuel CHAMIZO, Respondent.
TEXT: On Motion for Rehearing and Clarification COPE, J. On consideration of the
defendant-respon...vents. Here the only witness who testified was Officer Smith. (FN4) In light of
the foregoing, the motion for rehearing and clarification is denied.
710-CITE: 612 So.2d 665 Louise Elizabeth WEIR and John F. Weir, Appellants, v. The KRYSTAL COMPANY,
Appellee.
TEXT: BARFIELD, Judge. The trial judge erred in entering judgment for appellee in accordance with
... goes to her comparative negligence and not to the appellee s liability in the first instance.
Reversed. SMITH, J., concurs. BOOTH, J., dissents.
711-CITE: 667 So.2d 383 STATE of Florida, Appellant, v. John ALEXANDER, Appellee.
TEXT: PER CURIAM. The state challenges an order granting a motion to suppress evidence seized
foll...the lower court s finding, we conclude that there is. The order of suppression is therefore
AFFIRMED. JOANOS, MICKLE AND VAN NORTWICK, JJ., concur.
712-CITE: 439 So.2d 974 James DONNELL, Appellant, v. INDUSTRIAL FIRE & CASUALTY INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. James Donnell, plaintiff below, appeals from a summary judgment entered in
favor...So.2d 1216 (Fla.1978). Reversed and remanded for an adjudication on the issues of failure
to cooperate and prejudice to the rights of the appellee.
713-CITE: 720 So.2d 1077 STANDARD JURY INSTRUCTIONS--CIVIL CASES (NO. 98-1).
TEXT: WELLS, Justice. The Florida Supreme Court Committee on Standard Jury Instructions in Civil
C.... v. Cohen, 659 So.2d 1064 (Fla.1995), and Haddad v. Cura, 674 So.2d 168 (Fla. 3d DCA 1996),
since they are the only decisions addressing the issue.
714-CITE: 536 So.2d 1072 William James MARSHALEK, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The trial court did not err when it denied appellant s motion to suppress his
st...esentence appellant within the applicable guidelines range. AFFIRMED IN PART; REVERSED IN PART
and REMANDED. LETTS, DELL and GUNTHER, JJ., concur.
715-CITE: 605 So.2d 962 STATE of Florida, Appellant, v. Adam HOUSTON, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a judgment and sentence. Appellee pled
gu...ith directions that the trial court impose the minimum mandatory term and the $50,000 fine
required by law. BOOTH, SMITH and BARFIELD, JJ., concur.
716-CITE: 468 So.2d 1059 Carley SISTRUNK and Florida M. Sistrunk, his wife, Appellants, v. Freeman H.
DOUGLAS, James Edmon Johns, and General Accident Fire & Life Assurance Corp., Ltd., a foreign
corporation doing business in Florida, Appellees.
TEXT: SMITH, Judge. The jury found in favor of defendant-appellee in this negligence action
arisin...iveness does not rebut the presumption (see Kimenker v. Miami Car Rental, Inc., 115 So.2d
191 (Fla. 3d DCA 1959); Brethauer, supra), I must dissent.
717-CITE: 581 So.2d 27 FLORIDA BOARDS OF BAR EXAMINERS RE R.D.I.
TEXT: PER CURIAM. This is a petition to review the recommendation of the Florida Board of Bar
Exam... admitted to the practice of law in Florida. It is so ordered. SHAW, C.J., and OVERTON,
McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
718-CITE: 523 So.2d 699 Michael HULZBERG, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. The defendant was convicted of battery on a law enforcement officer,
resisting...he admission of the hearsay testimony. It is the admission of the improper evidence that
was error and that was challenged, before and during trial.
719-CITE: 754 So.2d 717 O.A., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, J. In affirming this conviction, we write only to respond to the dissenting
opinion.... have consented to the confrontation. Wayne R. LaFave, Search and Seizure--A Treatise on
the Fourth Amendment Section 9.3(a), at 95-96 (3d ed.1996).
720-CITE: 745 So.2d 1092 Robert Dale FISHER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm in part and reverse in part the summary denial of Robert Dale Fisher
s...accordance with this opinion within thirty days of the date of the mandate issued in this case.
BLUE, A.C.J., and NORTHCUTT and GREEN, JJ., Concur.
721-CITE: 696 So.2d 545 Pauline PHILLIPS, Appellant, v. The STATE of Florida, Appellee.
TEXT: On Motion for Rehearing PER CURIAM. On consideration of appellant s motion for rehearing,
we...to the trial court by another motion for postconviction relief. We express no opinion on the
merits. Affirmed; remanded for correction of judgment.
722-CITE: 592 So.2d 295 Thomas Deron LOGAN, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Judge. Thomas Deron Logan ( appellant ) appeals his convictions on four counts of
D...is possible the error was waived by appellant s request for an abbreviated instruction, the
record suggests he requested only standard instructions.
723-CITE: 483 So.2d 492 The DUVAL COUNTY SCHOOL BOARD, Appellant, v. Patsy Ann DUTKO, as Personal
Representative of the Estate of Oscar Woodrow Russell, II, deceased, Appellee.
TEXT: SMITH, Judge. This appeal by the Duval County School Board (Board) seek reversal of an
adver... of causation, foreseeability, and negligence on the part of the Board. The judgment
appealed from is AFFIRMED. WENTWORTH and JOANOS, JJ., concur.
724-CITE: 757 So.2d 542 David WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: TAYLOR, J. Apellant, David White, was convicted of trafficking in cocaine and sentenced to
a...we reverse the judgment of conviction and sentence and remand this cause for a new trial.
REVERSED and REMANDED. GUNTHER and HAZOURI, JJ., concur.
725-CITE: 611 So.2d 1263 STATE of Florida, Appellant Cross-Appellee, v. Gwendolyn RUTLEDGE, Appellee,
and Donald Crosley, Appellee Cross-Appellant.
TEXT: PER CURIAM. The State of Florida challenges the trial court s final order granting the
appel...ss the trafficking in cocaine charge. Affirmed in part, reversed in part, and remanded.
RYDER, A.C.J., and SCHOONOVER and ALTENBERND, JJ., concur.
726-CITE: 711 So.2d 1347 Frederick WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. White pled guilty to burglary and was sentenced to two years community
contro...gation to report and the affidavit and warrant adequately advised him of the nature of the
violation. AFFIRMED. GOSHORN and PETERSON, JJ., concur.
727-CITE: 646 So.2d 185 FLORIDA BOARD OF BAR EXAMINERS re F.O.L.
TEXT: PER CURIAM. F.O.L. petitions this Court for review of the recommendation of the Florida
Boar...s adverse finding. It is so ordered. GRIMES, C.J., and OVERTON, SHAW, HARDING, WELLS and
ANSTEAD, JJ., concur. KOGAN, J., concurs in result only.
728-CITE: 506 So.2d 1054 Warren Terrill REEB, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse on the authority of Weller v. State, 501 So.2d 1291 (Fla. 4th DCA
198... on remand, that only the sentence on Count II is affected by our decision. LETTS and
GLICKSTEIN, JJ., and GOLDMAN, MURRAY, Associate Judge concur.
729-CITE: 744 So.2d 1098 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. S.W. ANDERSON,
INC., Appellee.
TEXT: KAHN, J. This inverse condemnation case arises out of a bridge construction project on
State...taking has occurred, and compensation is, therefore, not available. See Gefen, 636 So.2d at
1346. REVERSED. WEBSTER and VAN NORTWICK, JJ., CONCUR.
730-CITE: 701 So.2d 96 STATE of Florida, Appellant Cross-Appellee, v. Jeffrey SOBIECK, Appellee
Cross-Appellant.
TEXT: W. SHARP, Judge. The state appeals from the trial judge s orders which dismissed nine
counts...TERSON and GOSHORN, JJ., concur. ------------ (FN10) Thomas A. Diamond, Ticket Scalping; A
New Look at An Old Problem, 37 U. Miami L.Rev. 71 (1988).
731-CITE: 504 So.2d 394 In re INQUIRY CONCERNING A JUDGE: Wiley G. CLAYTON.
TEXT: OVERTON, Justice. This proceeding is before on an uncontested recommendation of the
Judicial...ereby publicly reprimand County Court Judge Wiley G. Clayton. It is so ordered.
McDONALD, C.J., and EHRLICH, SHAW, BARKETT and KOGAN, JJ., concur.
732-CITE: 716 So.2d 867 Beverly R. WALTNER, Appellant, v. Edward WELDINK and James Randolph Evans,
individually and jointly d b a Subway Sandwich Shop, a foreign corporation, Appellees.
TEXT: PER CURIAM. The plaintiff, Beverly R. Waltner, appeals an adverse final summary judgment in
...ertzberg v. Hedzberg, 639 So.2d 175, 175 *868 (Fla. 3d DCA 1994); Holland v. Verheul, 583 So.2d
788, 789 (Fla. 2d DCA 1991). Reversed and remanded.
733-CITE: 468 So.2d 1066 Juan MORI and Jean Mori as Personal Representatives of the Estate of Cindy
Mori, a deceased minor, Appellants, v. INDUSTRIAL LEASING CORPORATION, a foreign corporation,
Appellee.
TEXT: PER CURIAM. The Moris appeal an order dismissing their complaint with prejudice. We affirm.
...3 (Fla.1984), the contractor is relieved of liability under Slavin. Accordingly, we affirm the
dismissal of the complaint with prejudice. Affirmed.
734-CITE: 491 So.2d 1252 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY and MOTOR VEHICLES, DIVISION of
HIGHWAY PATROL, Appellant, v. Susan Ann KROPFF, Appellee.
TEXT: HENDRY, Judge: Defendant State Department of Highway Safety and Motor Vehicles, Division of
...ty functions by a state, county, or municipal governmental entity [emphasis added], whereas the
instant case involves an operational level activity.
735-CITE: 545 So.2d 495 Ofenia Rivas CEDNO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, defendant below, appeals her conviction for conspiracy to
traffic...FIRMED. ------------ (FN1) At oral argument the appellant abandoned her objection to the
utilization of transcripts of tape recordings at the trial.
736-CITE: 478 So.2d 358 Daniel P. EHMKE, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Defendant appeals his conviction and sentence for conspiracy to traffic in
cann...risdiction provision of the defendant s sentence but affirm the judgment and sentence in all
other respects. GRIMES, A.C.J., and FRANK, J., concur.
737-CITE: 583 So.2d 336 Carl Leroy THOMAS, Appellant, v. STATE of Florida, Appellee.
TEXT: EN BANC. COWART, Judge. Orlando Municipal Ordinance, Chapter 10, Section 10.08, provides:
...hanged. DAUKSCH, COBB, W. SHARP, HARRIS and GRIFFIN, JJ., concur. GOSHORN, C.J., and COWART,
PETERSON and DIAMANTIS, JJ., dissent without opinion.
738-CITE: 450 So.2d 512 Donald George HARRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: ANSTEAD, Chief Judge. This is an appeal from a conviction for conspiracy to traffic in
canna...ther issues raised by appellant and find no merit therein. Accordingly, the judgment of
conviction is affirmed. DOWNEY and GLICKSTEIN, JJ., concur.
739-CITE: 696 So.2d 757 Barbara Gayle HOLLAND, Petitioner, v. STATE of Florida, Respondent.
TEXT: HARDING, Justice. We have for review State v. Holland, 680 So.2d 1041, 1044 (Fla. 1st DCA
19...) (entry into a home without a warrant); and Winston v. Lee, 470 U.S. 753, 105 S.Ct. 1611, 84
L.Ed.2d 662 (1985) (physical penetration of the body).
740-CITE: 506 So.2d 1055 Donald ROBINSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse on the authority of Weller v. State, 501 So.2d 1291 (Fla. 4th DCA
198...on remand, that the sentence on Count II only is affected by our decision. LETTS and
GLICKSTEIN, JJ., and GOLDMAN, MURRAY, Associate Judge, concur.
741-CITE: 716 So.2d 859 Stephen S. MAXFIELD, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et at.,
Appellee.
TEXT: ANTOON, Judge. Stephen S. Maxfield appeals an order entered by the Unemployment Appeals
Comm...ams, 484 So.2d at 89; see also Poole v. J.B. Hunt Transport, Inc., 703 So.2d 1158 (Fla. 2d
DCA 1997). REVERSED. GOSHORN and PETERSON, JJ., concur.
742-CITE: 445 So.2d 1021 THE FLORIDA BAR, Complainant, v. John Roger SHERRY, Respondent.
TEXT: PER CURIAM. This matter is before the Court on Respondent s Petition for Leave to Resign
fro...ys in the State of Florida effective this date. It is so ordered. *1022 ADKINS, Acting C.J.,
and BOYD, OVERTON, McDONALD and EHRLICH, JJ., concur.
743-CITE: 576 So.2d 1382 Charles E. WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Charles E. Williams was tried by jury and convicted for drug trafficking more
th... to void the imposition of costs. REVERSED AND REMANDED with instructions. GLICKSTEIN and
STONE, JJ., and WALDEN, JAMES, H., Senior Judge, concur.
744-CITE: 528 So.2d 60 Wayne C. LOWELL and Lynn A. Lowell, his wife, Appellants, v. The SINGER COMPANY,
a corporation, and the City of Jacksonville, a public body corporate and politic, Appellees.
TEXT: WIGGINTON, Judge. The Lowells bring this appeal from the final summary judgment entered in
f... which Pullum was retrospectively applied where the accidents occurred beyond the twelve-year
period of the statute of repose. Id. (emphasis added).
745-CITE: 528 So.2d 1347 Thomas Gerald SCHOMERS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Thomas Schomers appeals the summary denial of his motion for postconviction
reli...urther appellate review. Affirmed in part, reversed in part, and remanded with instructions.
DAHANY, A.C.J., and HALL and THREADGILL, JJ., concur.
746-CITE: 468 So.2d 472 Marie Summerlot CESLOW, Petitioner, v. BOARD OF COUNTY COMMISSIONERS, Palm Beach
County, Florida, and the Fifteenth Judicial Circuit Court In and For Palm Beach County, Florida,
Respondents.
TEXT: PER CURIAM. The petition for writ of certiorari is hereby denied. HERSEY and WALDEN, JJ.,
c... that the use would not interfere with traffic, etc. In fact, the exception was approved by all
agencies of the county except the county commission.
747-CITE: 605 So.2d 575 Ulyses LIRIANO, Appellant, v. Rodolfo GONZALEZ, Appellee.
TEXT: PER CURIAM. The plaintiff below, Ulyses Liriano, challenges the entry of a final summary
jud...nsequently, it was error for the trial judge to enter the summary judgment in the defendant s
favor. Accordingly, the summary judgment is reversed.
748-CITE: 652 So.2d 370 STATE of Florida, Petitioner, v. Dennis MANCUSO, Respondent.
TEXT: HARDING, Justice. We have for review Mancuso v. State, 636 So.2d 753, 755 (Fla. 4th DCA
1994...l. We do not address the other issues raised by Mancuso. It is so ordered. GRIMES, C.J.,
and OVERTON, SHAW, KOGAN, WELLS and ANSTEAD, JJ., concur.
749-CITE: 711 So.2d 253 David ALMANZA, Appellant, v. STATE of Florida, Appellee.
TEXT: GROSS, Judge. Appellant, David Almanza, entered a plea of no contest to the charge of
carryi...he order of the trial court and remand for a hearing consistent with this opinion and Coon,
Moore, and Estevez. STONE, C.J., and KLEIN, J., concur.
750-CITE: 696 So.2d 1352 STATE of Florida, Appellant, v. Rogelio Lazaro GARCIA, Appellee.
TEXT: ANTOON, Judge. The state appeals the trial court s order suppressing contraband evidence.
We...hicle, the stop could also be justified in order to issue a summons for a civil infraction
pursuant to Section 316.655(1) and (2), Florida Statutes.
751-CITE: 520 So.2d 681 Lloyd Eugene KORNEGAY, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Before us is an appeal from a judgment and sentence for manslaughter and
d...t the jury s verdict. Based on the foregoing, the judgment of conviction and sentence for
manslaughter is affirmed. BOOTH and ZEHMER, JJ., concur.
752-CITE: 708 So.2d 1013 Sandra H. LASKEY, Individually and as Personal Representative of the Estate of
George Douglas Laskey, III, Appellants, v. MARTIN COUNTY SHERIFF S DEPARTMENT, Appellee.
TEXT: STONE, Chief Judge. We affirm a final order dismissing Appellant s cause of action against
t... the two are sufficiently similar for us to acknowledge conflict. Therefore, the order of
dismissal is affirmed. GUNTHER and SHAHOOD, JJ., concur.
753-CITE: 543 So.2d 290 Robert W. HEATON, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, Judge. Appellant seeks review of his conviction and sentence of two minimum
mandatory...n he is entitled to exercise in such matters and to substitute our judgment for his.
Accordingly, I am unable to concur in the opinion of the court.
754-CITE: 570 So.2d 1343 The STATE of Florida, Petitioner Appellant, v. Dennis ESCOBAR and Douglas
Escobar, Respondents Appellees.
TEXT: JORGENSON, Judge. In consolidated matters, the State appeals an order excluding a statement
...ants against Douglas Escobar. Case No. 90-1378: Certiorari granted; order quashed. Case No.
90-1303: Reversed and remanded for further proceedings.
755-CITE: 579 So.2d 908 George WALSH, Appellant, v. STATE of Florida, Appellee.
TEXT: GOSHORN, Judge. George William Walsh appeals his convictions for trafficking in cocaine,
(FN...nment, as provided in this section, if it finds that: 1. The defendant has previously been
convicted of two or more felonies in this state; . . .
756-CITE: 444 So.2d 87 Olga RAMOS and Olga Neris, Appellants, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellants were charged and convicted of making false statements under oath
... ------------ (FN1) The sentences were probation with one of the conditions being restitution of
the funeral expenses to the father of the deceased.
757-CITE: 694 So.2d 91 Elizabeth BARCELO, Appellant, v. The ESTATE OF Silvia E. NELSON, Appellee.
TEXT: SORONDO, Judge. The Appellant, plaintiff, filed suit for negligence as a result of an
automo...erning stop sign and then entered the intersection. Id. at 266. In this case, there is no
testimony as to either driver s behavior. I would affirm.
758-CITE: 682 So.2d 629 Mark Allen PRUITT, Appellant, v. The STATE of Florida, Appellee.
TEXT: COPE, Judge. Mark Allen Pruitt petitions for a writ of certiorari to review a decision of
th.... I would deny certiorari review. See State v. Joines, 549 So.2d 771 (Fla. 3d DCA 1989); Leon
County v. Mitchell, 611 So.2d 104 (Fla. 1st DCA 1992).
759-CITE: 542 So.2d 974 WINSHARE CLUB OF CANADA, etc., et al., Petitioners, v. DEPARTMENT OF LEGAL
AFFAIRS, Respondent. CANADIAN EXPRESS CLUB, Petitioner, v. DEPARTMENT OF LEGAL AFFAIRS, Respondent.
TEXT: BARKETT, Justice. We have for review Department of Legal Affairs v. Winshare Club of
Canada,... SHAW, GRIMES and KOGAN, JJ., concur. ------------ (FN2) Accordingly, we do not address
any issue arising from section 501.204(1), Florida Statutes.
760-CITE: 486 So.2d 65 James D. STELZEL, et al., Appellants, v. SOUTH INDIAN RIVER WATER CONTROL
DISTRICT, Appellee.
TEXT: DELL, Judge. Appellants, a group of homeowners residing in the Jupiter Farms area of Palm
Be...on of supervisors to govern the District. Accordingly, we affirm the final judgment in favor of
appellee. AFFIRMED. LETTS and WALDEN, JJ., concur.
761-CITE: 502 So.2d 1241 SEABOARD COASTLINE RAILROAD COMPANY, now known as Seaboard System Railroad,
Inc., Petitioner, v. Curtis ADDISON, Respondent.
TEXT: EHRLICH, Justice. We have for our review Seaboard Coastline Railroad Company v. Addison,
481...ing of the district court below on this question. It is so ordered. McDONALD, C.J., OVERTON,
SHAW and BARKETT, JJ., and ADKINS, J. (Ret.), concur.
762-CITE: 730 So.2d 288 Roderick D. CLARK, Appellant, v. L. & A. CONTRACTING COMPANY, Appellee.
TEXT: PER CURIAM. Affirmed. See Metropolitan Dade County v. Colina, 456 So.2d 1233 (Fla. 3d DCA
19...78 (Fla. 4th DCA 1986), review denied, 504 So.2d 766 (Fla.1987). Based on the foregoing, I
would reverse the summary judgment and remand for trial.
763-CITE: 649 So.2d 888 Louis Keith POWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Louis Keith Powell appeals his convictions for possession of cocaine,
possess...e, reverse the trial court s order denying the motion to suppress and remand this case to
the trial court. FRANK, C.J., and THREADGILL, J., concur.
764-CITE: 546 So.2d 754 David MYERS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant David Myers from a final judgment of
convicti.... State, 403 So.2d 349 (Fla.1981); State v. Poole, 496 So.2d 224 (Fla. 5th DCA 1986);
McGraw v. State, 404 So.2d 817 (Fla. 1st DCA 1981). Affirmed.
765-CITE: 545 So.2d 913 Alphonzo CARTER, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. A jury found the appellant and a codefendant, Ernest Freeman,
Jr...ejudice the appellant s right to a fair trial. For the foregoing reasons, we reverse and
remand for a new trial. HALL and ALTENBERND, JJ., concur.
766-CITE: 726 So.2d 841 Dennis J. TAYLOR, Appellant, v. STATE of Florida, Appellee.
TEXT: KAHN, J. Appellant, Dennis J. Taylor, appeals his conviction after jury trial for dealing
in...ngly, I would affirm the conviction but certify a question to the Florida Supreme Court
regarding the adoption of the inextricably intertwined test.
767-CITE: 639 So.2d 173 Jesus SOSA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Pursuant to jury verdict, the defendant, Jesus Sosa, was convicted of attempted
...not relevant to the case. Id. at 589. Section 90.401, Fla.Stat (1993). *175 Accordingly,
defendant s conviction is reversed and the cause remanded.
768-CITE: 569 So.2d 859 Manuel ROJAS and Vayola S. Rojas, Appellants, v. Thomas DRAKE, Appellee.
TEXT: SCHEB, Judge. These consolidated appeals (FN1) concern attorney s fees granted pursuant to
s...endant was involved in the accident; the only question was whether he was a responsible party.
Reversed. SCHOONOVER, C.J., and DANAHY, J., concur.
769-CITE: 742 So.2d 294 Charles GULBRANDSEN (Donna Masters, Guardian), Appellant, v. CARLTON WILBERT
VAULT, INC. and FCCI Mutual Insurance Co. (FEISCO), Appellees.
TEXT: PER CURIAM. This appeal arises from an order of the Judge of Compensation Claims
(hereinafte...ding that Claimant had exclusive personal use of the employer-provided vehicle.
Accordingly, we AFFIRM. ERVIN, BOOTH and VAN NORTWICK, JJ., concur.
770-CITE: 570 So.2d 950 Sylvia BRYANT and James W. Bryant, her husband, Appellants, v. LUCKY STORES,
INC., a foreign corporation, d b a Kash N Karry Discount Supermarkets, Appellee.
TEXT: PATTERSON, Judge. Appellants challenge a final summary judgment entered in favor of
appellee...ined, as a matter of law, that there was no breach of duty by Lucky Stores, and did not
err in entering a summary judgment in favor of Lucky Stores.
771-CITE: 597 So.2d 935 Francis William SUGHRUE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Francis Sughrue appeals from his convictions for trafficking in cocaine in an
am...to do with a violation of probation and proceed thereafter according to law. DOWNEY and POLEN,
JJ., and FEDER, RICHARD Y., Associate Judge, concur.
772-CITE: 504 So.2d 47 STATE of Florida, Appellant, v. Joan Robinson NUGENT and Paul Lincoln Roberts,
Appellees.
TEXT: LETTS, Judge. The State appeals from an order granting a motion to suppress the seizure of
1...State v. Anderson, 479 So.2d 816 (Fla. 4th DCA 1985) which we distinguish because in Anderson
there was no odor of cannabis nor a suspended license.
773-CITE: 619 So.2d 378 STATE of Florida, Appellant, v. Lawrence S. BROWN, Appellee.
TEXT: HALL, Acting Chief Judge. The state contends the trial court erred in granting the appellee
... is reversed and remanded with directions to set aside the order granting the appellee s motion
to suppress. THREADGILL and PATTERSON, JJ., concur.
774-CITE: 599 So.2d 254 Ronnie STEVENS, Appellant, v. The STATE of Florida, Appellee.
TEXT: SCHWARTZ, Chief Judge. Stevens appeals from an order finding him in violation of probation.
...d Sims. Then he got Reverend Sims friend. He used people to fulfill his obligation. The Court
finds that is totally unacceptable. He was not there.
775-CITE: 732 So.2d 22 Guillermo FOSTER, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, J. Appellant, Guillermo Foster, was tried by jury and convicted of robbery with
a...the jury issue, we decline to address the other issues raised by appellant. Reversed and
remanded for a new trial. POLEN and HAZOURI, JJ., concur.
776-CITE: 579 So.2d 270 The PLANNING COMMISSION OF the CITY OF JACKSONVILLE and the City of
Jacksonville, Petitioners, v. L.E. BROOKS, Respondent.
TEXT: ZEHMER, Judge. This is an original proceeding initiated by petition for common law writ of
c... not meet the criteria listed in section 658.104(b). The petition for writ of certiorari is
DENIED. JOANOS, J., and CAWTHON, Senior Judge, concur.
777-CITE: 755 So.2d 191 Eddie GOODMAN, Appellant, v. BFI OF FLORIDA, INC., and Risk Services, Inc.,
Appellees.
TEXT: PER CURIAM. Claimant, Eddie Goochnan, appeals an order of the judge of compensation claims
(...tion 440.09(1), Fla.Stat. (1997). REVERSED and REMANDED for further proceedings consistent with
this opinion. ERVIN, ALLEN and DAVIS, JJ., CONCUR.
778-CITE: 596 So.2d 1215 Joyce C. RUPERT and Charles Rupert, husband & wife, Appellant, v. STATE AUTO
PROPERTY AND CASUALTY INSURANCE COMPANY, an insurance company authorized to do business in the State
of Florida, Appellee.
TEXT: HALL, Acting Chief Judge. The Ruperts appeal the final summary judgment entered in favor of
... Accordingly, we reverse the final summary judgment and remand for proceedings consistent with
this opinion. PATTERSON and ALTENBERND, JJ., concur.
779-CITE: 639 So.2d 612 FLORIDA BOARD OF BAR EXAMINERS re C.A.M.
TEXT: PER CURIAM. C.A.M. petitions this Court for review of the recommendation of the Florida
Boar...ion for admission to The Florida Bar. It is so ordered. GRIMES, C.J., OVERTON, SHAW, KOGAN
and HARDING, JJ., and McDONALD, Senior Justice, concur.
780-CITE: 626 So.2d 1008 Samuel B. POWELL, Appellant. v. STATE of Florida, DEPARTMENT OF TRANSPORTATION,
Appellee.
TEXT: LAWRENCE, Judge. Samuel B. Powell (Powell) was injured while riding his motorcycle on an
all...alks safe for motorcycle traffic, no cause of action existed as a matter of law. We therefore
affirm the trial court. SMITH and KAHN, JJ., concur.
781-CITE: 473 So.2d 17 Leon McCORMICK, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Judge. This is an appeal under Florida Rule of Appellate Procedure 9.140(g) from the
...)(a) and 775.082(3)(b), Fla.Stat. (1983). Accordingly, the denial of appellant s rule 3.850
motion is affirmed. RYDER, C.J., and HALL, J., concur.
782-CITE: 533 So.2d 910 Frank BIONDO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm defendant s convictions for possession of cocaine and drug
paraphernal... Section 90.404(2), Florida Statutes (1983); Williams v. State, 110 So.2d 654 (Fla.),
cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959).
783-CITE: 454 So.2d 651 CITY OF DAYTONA BEACH SHORES, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a final declaratory judgment entered January 28,
1983...s police or proprietary powers and therefore we affirm the declaratory judgment and permanent
injunction. AFFIRMED. SHARP and COWART, JJ., concur.
784-CITE: 481 So.2d 1223 EXCHANGE INVESTMENTS, INC., et al., Appellant, v. ALACHUA COUNTY, etc., et al.,
Appellees.
TEXT: BARFIELD, Judge. Appellants, plaintiffs below, appeal from an order granting a motion to
dis...appellants theory espoused under count I in the complaint before us. Under Renard v. Dade
County, appellants clearly have standing as to that count.
785-CITE: 695 So.2d 775 Sybil EPPLER, Appellant Cross Appellee, v. TARMAC AMERICA, INC., Appellee Cross
Appellant.
TEXT: WOLF, Judge. This appeal and cross appeal grew out of a traffic accident wherein appellant
s...STITUTE SUFFICIENT EVIDENCE TO OVERCOME THE PRESUMPTION OF NEGLIGENCE WHICH ATTACHES IN A
REAREND COLLISION? BOOTH and VAN NORTWICK, JJ., concur.
786-CITE: 511 So.2d 544 PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner, v. Alma SALAS, et
al., Respondents.
TEXT: PER CURIAM. We have for review Salas v. Palm Beach County Board of County Commissioners,
484...site, the state was not liable where the immediate and efficient cause of the collision was
the motorist s improper driving). OVERTON, J., concurs.
787-CITE: 476 So.2d 691 Aurora Maria Leal DE HERRERA, as Personal Representative of the Estate of Alvaro
Herrera, deceased, Appellant, v. GULF AND WESTERN INDUSTRIES, INC., d b a Gulf and Western Food
Products Corp., d b a Okeelanta Sugar Mill and Aetna Casualty and Surety Company, Appellees.
TEXT: HENDRY, Judge. Aurora de Herrera, as personal representative of the estate of Alvaro
Herrera...as reading one of these warning signs right before he noticed that the truck ahead of him
was stopping. He said, however, that he wasn t distracted.
788-CITE: 571 So.2d 1341 THUNDERBIRD DRIVE-IN THEATRE, INC., and Florida Drive-In Theatre Management,
Inc., Appellants, v. Ronald L. REED, incompetent, By and Through Calvin REED and Joyce Reed, his
legal guardians and next friends, Robert F. Coyman, Jeanne Coyman and Christopher Todd Coyman,
Appellees.
TEXT: ON MOTION FOR REHEARING PER CURIAM. Appellees motion for rehearing is granted and our
origi...his case. Department of Corrections v. Williams, 549 So.2d 1071 (Fla. 5th DCA 1989); Kurynka
v. Tamarac Hospital, 542 So.2d 412 (Fla. 4th DCA 1989).
789-CITE: 472 So.2d 482 Joan DONAHUE, Appellant, v. ALBERTSON S INC., Appellee.
TEXT: HURLEY, Judge. Joan Donahue was injured when a store s automatic door closed abruptly. She
s...r. See generally White Construction Co. v. Dupont, 455 So.2d 1026 (Fla.1984); Voynar v. Butler
Manufacturing Co., 463 So.2d 409 (Fla. 4th DCA 1985).
790-CITE: 657 So.2d 1252 S.B., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Acting Chief Judge. S.B. appeals an adjudication of delinquency arising from
his... evidence was not inconsistent with *1254 the theory of events presented by S.B. s testimony.
Reversed and remanded. BLUE and FULMER, JJ., concur.
791-CITE: 638 So.2d 202 PORT ST. LUCIE SHOPPING CENTER ASSOCIATES, a Florida general partnership, Sidney
Tanner, Dorina Tanner, Illene Bozell Strout, Arthur Roberts, Helen Roberts, Irene Ross, Freddy J.
Siegwalt and Nicole Siegwalt, Appellants, v. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY
FLORIDA, and State of Florida, Department of Transportation, Appellees.
TEXT: PER CURIAM. Appellants own a shopping center at the northwest corner of the intersection of
...v. Gefen, 636 So.2d 1345 (Fla.1994), and D.O.T. v. Rubano, 636 So.2d 749 (Fla. 4th DCA 1994).
Affirmed. GUNTHER, KLEIN and STEVENSON, JJ., concur.
792-CITE: 512 So.2d 1095 Vernon H. GOFF, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. Vernon H. Goff was charged with conspiracy to traffic in 10,000 pounds
or...is conviction but remand for resentencing. Affirmed in part, remanded in part. HALL, A.C.J.,
and UPCHURCH, Jr., FRANK D., Associate Judge, concur.
793-CITE: 577 So.2d 640 Mark DURDEN, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. This is an appeal from a final order finding appellant had violated the
terms...tence appellant as he deems proper, which may include the same sentence previously given if
he be so disposed. GLICKSTEIN and GARRETT, JJ., concur.
794-CITE: 560 So.2d 245 Artemio CARRANDI, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. On October 6, 1986, the appellant was charged by information with a
racketeering...ections for the property to be turned over to the state as originally agreed upon at
the sentencing hearing. Reversed and remanded with directions.
795-CITE: 713 So.2d 1030 Rogena TOWNER, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, M., Senior Judge. Appellant pled nolo contendere to a charge of possession of
coca...e been found valid under the plain feel doctrine. See State v. Burns, 698 So.2d 1282 (Fla.
5th DCA 1997). AFFIRMED. COBB and GOSHORN, JJ., concur.
796-CITE: 458 So.2d 10 Danny Neal MITCHELL, Appellant, v. STATE of Florida, Appellee.
TEXT: NIMMONS, Judge. Mitchell appeals a sentence which departs from the sentencing guidelines,
Fl...ourt to expressly base any sentence departing from the guidelines on factors not related to
offenses for which the defendant has not been convicted.
797-CITE: 476 So.2d 1303 Willie McCLENDON, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Judge. Appellant, Willie J. McClendon, appeals a judgment and sentence for
posse...cannot say that the trial judge erred in denying the motion to suppress and concluding that
a valid inventory search occurred. Thus, I would affirm.
798-CITE: 654 So.2d 1235 Reginald KIT, Appellant, v. STATE of Florida, Appellee.
TEXT: LAZZARA, Judge. Reginald Kit appeals the trial court s summary denial of his motion for
post...566 So.2d 945 (Fla. 2d DCA 1990). Affirmed in part, reversed in part, and remanded for
further proceedings. RYDER, A.C.J., and DANAHY, J., concur.
799-CITE: 734 So.2d 1107 Jeff WILSON, Appellant, v. STATE of Florida, Appellee.
TEXT: TAYLOR, J. In this appeal we consider the question whether a police officer conducting a
law...law enforcement encounter, is not suspected of any violation of the law, and who does not pose
an articulable suspicion of danger to officer safety.
800-CITE: 530 So.2d 1099 Richard Eugene CALLAHAN, Appellant, v. STATE of Florida, Appellee. Robert
Stephen CALLAHAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellants appeal their convictions of various drug offenses involving
trafficki...e did not involve the state attorney in a reverse-sting type of narcotics operation. We
affirm. CAMPBELL, C.J., and LEHAN and PARKER, JJ., concur.
801-CITE: 493 So.2d 1092 Chester S. ANDERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is a companion case to Linder v. State, 493 So.2d 1091, decided this date.
...ut over 20 grams and resentence appellant. AFFIRMED IN PART; REVERSED IN PART; and remanded with
directions. DOWNEY, LETTS and STONE, JJ., concur.
802-CITE: 627 So.2d 580 Scott W. NOLEN, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. In this Anders appeal, the pro se appellant makes several
argu.... Probation revocation affirmed; remanded for proceedings consistent with this opinion.
BLUE, J., and BROWNELL, SCOTT M., Associate Judge, concur.
803-CITE: 539 So.2d 11 Martin SAXON and Barbara Saxon, Appellants, v. Robert CHACON, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendants Martin and Barbara Saxon from a new trial
or...s remanded to the trial court with directions to enter judgment for the defendants based on the
jury verdict returned below. REVERSED AND REMANDED.
804-CITE: 702 So.2d 248 B.T., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, Judge. B.T., a juvenile defendant, pled no contest to possession of cocaine,
preservi... to leave. Therefore, we find that the search was invalid and suppression should have
been granted. REVERSED. GLICKSTEIN and GUNTHER, JJ., concur.
805-CITE: 594 So.2d 853 David Allen SIMMONS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s twelve convictions, (FN1) but remand to the trial court
fo...ppropriate judgments and sentences as to those various charges of which she has properly found
appellant guilty. BOOTH, WOLF and KAHN, JJ., concur.
806-CITE: 449 So.2d 936 TOWN OF LANTANA, Appellant, v. Dallas R. HOWARD, Appellee.
TEXT: HERSEY, Judge. The Town of Lantana appeals from a final judgment finding its comprehensive
z...e upon this record, we reverse the final judgment which found the ordinance unconstitutional as
applied. REVERSED. LETTS and BERANEK, JJ., concur.
807-CITE: 478 So.2d 462 Johnnie Blaine THOMPSON, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. We review a final order of the trial court adjudicating appellant guilty of
c...ce outside the guidelines range must be supported by proper clear and convincing reasons.
REVERSED AND REMANDED. ERVIN and WENTWORTH, JJ., concur.
808-CITE: 438 So.2d 506 EFFIE, INC., Appellant, v. CITY OF OCALA, Appellee.
TEXT: ORFINGER, Chief Judge. This appeal is from a judgment of the trial court holding an
ordinanc...the cause is remanded to the trial court with directions to enter a judgment for
appellant. REVERSED and REMANDED. DAUKSCH and SHARP, JJ., concur.
809-CITE: 529 So.2d 1105 THE FLORIDA BAR, Complainant, v. Robert W. HEATON, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before the Court on the complaint of The
Florida...1,363.25, for which sum let execution issue. IT IS SO ORDERED. EHRLICH, C.J., and
OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
810-CITE: 696 So.2d 1184 Maurice Antonio MANN, et al., Petitioners, v. CHIEF JUDGE OF THE THIRTEENTH
JUDICIAL CIRCUIT, et al., Respondents.
TEXT: PER CURIAM. We review orders denying attacks on the jurisdiction of the drug division of
the...stration of justice. The petitions are denied. It is so ordered. KOGAN, C.J., and OVERTON,
SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
811-CITE: 580 So.2d 230 STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. LAKEWOOD TRAVEL
PARK, INC., Appellee.
TEXT: DOWNEY, Judge. This case involves an inverse condemnation proceeding in which the State of
F...nt appealed from, which makes it appropriate that we affirm said judgment. AFFIRMED. HERSEY,
C.J., and FRANK, RICHARD H., Associate Judge, concur.
812-CITE: 634 So.2d 1149 Patrick MEDINA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant and codefendant Aristides Cruz were arrested and charged with
traffick...imony as to both of these factual issues. Therefore, the trial court did not err in
failing to find that appellant was entrapped as a matter of law.
813-CITE: 583 So.2d 365 Kevin KRAFT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from multiple judgments and sentences. The jury returned
guilt...m proper credit for time served. On remand, the credit shall be given on the revised
sentence for Count V. LETTS, GLICKSTEIN and DELL, JJ., concur.
814-CITE: 507 So.2d 611 Steven LUSBY, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, MARTHA C., Associate Judge. Appellant, Steven Lusby, appeals the lower court s
judgm...er had told him he would make him a rich man, but appellant told the confidential informant
that he was only doing this to make a little extra cash.
815-CITE: 451 So.2d 896 Kevin Watson KELLY, Appellant, v. STATE of Florida, Appellee. Bruce William
MURPHY, Appellant, v. STATE of Florida, Appellee. Wayne Anthony MURPHY, Appellant, v. STATE of
Florida, Appellee.
TEXT: PER CURIAM. These are consolidated appeals from judgments of conviction for conspiracy to
tr...ed as well as to the entrapment defense. Accordingly, we affirm the appellants convictions.
ANSTEAD, C.J., and GLICKSTEIN and WALDEN, JJ., concur.
816-CITE: 536 So.2d 368 Philip Earl BAYNE, Appellant, v. STATE of Florida, Appellee.
TEXT: SMITH, Chief Judge. Appellant appeals his convictions for conspiracy to traffic in cocaine,
...ate failed to satisfactorily articulate a statement of facts which could be derived from the
evidence sufficient to warrant a jury finding of guilt.
817-CITE: 614 So.2d 587 Gary B. McCRAY and Mariane A. McCRAY, his wife, Appellants, v. Louis C. MYERS,
an individual, and Julius L. Bacon, an individual, Appellees.
TEXT: KAHN, Judge. In this tort action, appellants plaintiffs (McCray) challenge the trial court
s...hat, in any event, proximate causation is lacking as a matter of law, we AFFIRM the summary
judgment. SMITH, J., and SHIVERS, Senior Judge, concur.
818-CITE: 530 So.2d 995 Carol Ann HAMMOND, as Personal Representative of the Estate of Michael Lynn
Parker, deceased, Appellant, v. JIM HINTON OIL COMPANY, INC., and Alvin J. Holmes, Appellees. Marie
Ezell AGNER, as Personal Representative of the Estate of Michael Mantzanas, deceased, Appellant, v.
JIM HINTON OIL COMPANY, INC., and Alvin J. Holmes, Appellees.
TEXT: ZEHMER, Judge. This is a consolidated appeal from a jury verdict in a wrongful death action
...atute as applying only to the car ahead and not for the protection of the decedent s motorcycle,
no instruction on the statute would be appropriate.
819-CITE: 513 So.2d 686 Melvin GROSSMAN and Bliss & Nyitray, Inc., Appellants, v. SEA AIR TOWERS,
LIMITED, Appellee.
TEXT: REVISED OPINION FERGUSON, Judge. Defendants, Melvin Grossman, an architect, and Bliss &
Nyi...sing the load-bearing capacity of its traffic deck is reversed, otherwise the judgment is
affirmed. The judgment on the indemnity claim is affirmed.
820-CITE: 579 So.2d 277 METROPOLITAN DADE COUNTY, Appellant, v. Gregory GREEN, et al., Appellees.
TEXT: ON MOTION FOR REHEARING EN BANC AND FOR CERTIFICATION PER CURIAM. In an appeal from a jury
...on under Rule 9.130(a)(3)(C)(iv) authorize review of a *278 jury verdict determining liability
in favor of a claimant seeking affirmative relief?
821-CITE: 481 So.2d 971 STATE of Florida, Appellant, v. Robert Wesley BENNETT, Appellee.
TEXT: SHARP, Judge. The state appeals from an order granting Bennett s motion to suppress
evidence... Goldberg v. State, 407 So.2d 352 (Fla. 4th DCA 1981); Major v. State, 389 So.2d 1203
(Fla. 3rd DCA 1980), review denied, 408 So.2d 1095 (Fla.1981).
822-CITE: 656 So.2d 972 WALDEN LEASING, INC. and Unidas System, Inc., for the use and benefit of
Indemnity Insurance Company of North America Appellants, v. BEISWENGER, HOCH & ASSOCIATES, INC.,
Appellee.
TEXT: PER CURIAM. AFFIRMED. DELL, J., and RIVKIND, LEONARD, Associate Judge, concur. GUNTHER,
C....the defects were not apparent, his statement was sufficient to raise a doubt that an issue
might exist and summary judgment should have been denied.
823-CITE: 523 So.2d 628 Edward ARENADO, as Personal Representative of the Estate of Susanna Arenado,
Appellant, v. Florida Power & Light Company, a Florida corporation, Appellee.
TEXT: SALMON, MICHAEL H., Associate Judge. Susanna Arenado (Arenado) was killed in an automobile
a...e was no duty from FPL to Arenado, the dismissal of the fourth amended complaint, with
prejudice, is affirmed. ANSTEAD and GLICKSTEIN, JJ., concur.
824-CITE: 464 So.2d 1346 Eric P. RADOMSKI, Appellant, v. GREAT BICYCLE SHOP, INC. and Safeco Insurance
Company, Appellees.
TEXT: MILLS, Judge. Radomski appeals from a workers compensation order denying his claim for
benef... his employment when he left the roadway to follow a path not ordinarily followed in the
normal course of travel. JOANOS and BARFIELD, JJ., concur.
825-CITE: 682 So.2d 669 Carl PIERRE-LOUIS, a k a Carl Pierre-Lewis, Appellant, v. STATE of Florida,
Appellee.
TEXT: STONE, Judge. Finding no abuse of discretion in the trial court s denial of a motion to
supp... trial, on a motion to suppress identification which Appellant had withdrawn prior to trial.
Therefore, we affirm. KLEIN and PARIENTE, JJ., concur.
826-CITE: 576 So.2d 819 STATE of Florida, Appellant, v. Margretta DANIELS, Appellee.
TEXT: PER CURIAM. The state appeals the trial court s order that granted appellee s motion to
supp...s suppression order and remand for further proceedings consistent with this opinion.
REVERSED AND REMANDED. STONE, POLEN and GARRETT, JJ., concur.
827-CITE: 559 So.2d 460 David STANLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. In considering appellant s motion for rehearing, it
app...STEAD, J., dissents with opinion. ANSTEAD, Judge, dissenting. I would reverse on the
authority of L.W. v. State, 538 So.2d 523 (Fla. 3d DCA 1989).
828-CITE: 473 So.2d 226 Conrad A. SPAULDING, and Betty Spaulding, his wife, Appellants, v. CITY OF
MELBOURNE, etc., et al., Appellees.
TEXT: ORFINGER, Judge. The plaintiffs appeal from an adverse summary final judgment in this
person...nd the cause is remanded for further proceedings consistent herewith. REVERSED and
REMANDED. COWART, J., and PERRY, R.R., Associate Judge, concur.
829-CITE: 560 So.2d 1222 Eddie DICKENS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Eddie Dickens appeals from his conviction for vehicular homicide under section
7...DERED that Appellee s April 10, 1990 Motion for Rehearing is denied. See Polyglycoat Corp. v.
Hirsch Dist., Inc., 442 So.2d 958 (Fla. 4th DCA 1983).
830-CITE: 539 So.2d 594 NATIONAL ADVERTISING COMPANY, a Delaware corporation, Appellant, v. MAIN STREET
SHOPPING CENTER, a Florida general partnership, Appellee.
TEXT: ALTENBRAND, Judge. National Advertising appeals a final judgment awarding damages for its
br...rmed in part, reversed in part, and remanded to the lower court for further proceedings
consistent herewith. SCHEB, A.C.J., and DANAHY, J., concur.
831-CITE: 518 So.2d 970 PALM BEACH COUNTY, Appellant, v. Mildred TESSLER and Helen Whitener, Appellees.
TEXT: LETTS, Judge. Palm Beach County appeals from an adverse final order in an inverse
condemnati...erty for a limited access facility. The present case involves neither a limited access
facility nor an actual physical taking of appellees property.
832-CITE: 634 So.2d 207 Brian LEWIS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This case is again before us, see Lewis v. State, 597 So.2d 842 (Fla. 3d DCA
199...dismiss. Because Lewis pleaded nolo contendere reserving his right to appeal this issue, we
thereby affirm Lewis conviction and sentence. Affirmed.
833-CITE: 582 So.2d 129 Vincent Frank HRUSKA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from a summary denial of a Rule 3.850 post-conviction relief
m...ndication that Epps v. State or Arnold v. State, as to one issue, and Segal v. Wainwright, as to
another, are necessarily applicable or controlling.
834-CITE: 528 So.2d 902 Cheryl SHIPLEY, Petitioner, v. STATE of Florida, Respondent.
TEXT: SHAW, Justice. We have for review Shipley v. State, 512 So.2d 1135 (Fla. 2d DCA 1987), in
wh... further proceedings consistent with this opinion. It is so ordered. EHRLICH, C.J., and
OVERTON, McDONALD, BARKETT, GRIMES and KOGAN, JJ., concur.
835-CITE: 508 So.2d 418 David Michael CHUDEUSZ, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. This appeal is submitted with an Anders (FN1) brief, and we agree that no
t...s. The defendant need not be present at resentencing. Convictions AFFIRMED. Sentences VACATED
and REMANDED. UPCHURCH, C.J., and COBB, J., concur.
836-CITE: 438 So.2d 76 Carlos Arthur RESTREPO, Appellant, v. The STATE of Florida, Appellee.
TEXT: FERGUSON, Judge. We hold that the state failed to show by clear and convincing evidence
that...pinion that the defendant understood he had an absolute right to refuse the search. Reversed
and remanded with instructions to discharge appellant.
837-CITE: 573 So.2d 151 Maria Y. PINO, Sergio Santos, Carlos Montoya, and Jorge A. Arango, Appellants,
v. The STATE of Florida, Appellee.
TEXT: HUBBART, Judge. This is an appeal by the defendants Maria Y. Pino, Sergio Santos, Carlos
Mon... them to be without merit. The final judgments of conviction and sentences under review as to
all the defendants herein, are accordingly, Affirmed.
838-CITE: 535 So.2d 282 The STATE of Florida, Appellant, v. Dorothy CROSS, Appellee.
TEXT: FERGUSON, Judge. The State appeals from an order granting a defendant s motion to suppress.
...y the en banc majority holding was without precedent in the case law. The trial judge s ruling
should be affirmed. HUBBART and BASKIN, JJ., concur.
839-CITE: 553 So.2d 350 Frank PRIMUS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant appeals his convictions for racketeering, conspiracy to traffic
in... part, reversed in part, and remanded for further proceedings consistent herewith. *351
CAMPBELL, C.J., and SCHOONOVER and ALTENBERND, JJ., concur.
840-CITE: 755 So.2d 767 Mark ELLIS, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, J. Mark Ellis pled nolo contenders to felony DUI, reserving the right to appeal
t...avidson, supra. AFFIRMED. GROSS, J., and BAILEY, JENNIFER D., Associate Judge, concur.
------------ (FN2) See Section 901.15(5), Fla.Stat. (1999).
841-CITE: 582 So.2d 712 Donald PIERCE, et ux., Appellants, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, et
al., Appellees.
TEXT: EN BANC COBB, Judge. The issue on appeal is whether an insurance carrier, Progressive, and
.... Since the record is not conclusive on the question of liability, summary judgment should not
have been granted. GOSHORN and GRIFFIN, JJ., concur.
842-CITE: 480 So.2d 704 Delio SANCHEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The judgment of conviction for trafficking in and conspiracy to traffic in
cocai...ly submitted sentencing guidelines scoresheet. Newsome v. State, 473 So.2d 709 (Fla. 2d DCA
1985). Affirmed in part; reversed in part and remanded.
843-CITE: 715 So.2d 1024 Zenon MARTINEZ, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. By previous order, we granted Zenon Martinez writ of habeas corpus and directed
...1995). Because the State offered no such evidence in this case, the pretrial detention order
cannot stand. DELL, STEVENSON and TAYLOR, JJ., concur.
844-CITE: 484 So.2d 1302 Alma SALAS, and Faustino Salas, her husband, Appellants, v. PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS, Appellee.
TEXT: GLICKSTEIN, Judge. This is an appeal from a directed verdict in favor of the defendant in
an...isions. Accordingly, the lower court s decision to exclude portions of the expert s testimony
in this case was error. DELL and WALDEN, JJ., concur.
845-CITE: 452 So.2d 107 T.J. and D.M., juveniles, Appellants, v. The STATE of Florida, Appellee.
TEXT: NESBITT, Judge. Two juveniles appeal their adjudications of delinquency based upon
loitering... Miranda violation, the statements concerning the avocados were *110 properly admissible
and we accordingly affirm the adjudications of delinquency.
846-CITE: 519 So.2d 57 STATE of Florida, Appellant, v. Jose Antonio LAPICA-FALCON, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, State of Florida, appeals the trial court order
tha... made moot. We, therefore, remand this cause to the trial court with instructions to
reinstate the original sentence. HALL and FRANK, JJ., concur.
847-CITE: 667 So.2d 433 The STATE of Florida DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES (DHSMV),
Appellant, v. W.B. KILLEN, Appellee.
TEXT: SCHAPIRO, SHELDON M., Associate Judge. On November 23, 1994, appellant, the Florida
Departme... appellee thirty days to file a responsive pleading to the consent-search of the vehicle.
REVERSED AND REMANDED. POLEN and STEVENSON, JJ., concur.
848-CITE: 440 So.2d 501 Edward BEN, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIMES, Judge. Edward Ben appeals his conviction and sentence for robbery after the trial
co... s other issue. REVERSED and REMANDED with directions to offer Ben the opportunity to withdraw
his plea. HOBSON, A.C.J., and CAMPBELL, J., concur.
849-CITE: 597 So.2d 418 Maeola STRONG, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant, Maeola Strong, appeals her judgment and sentence. Along with
seve...486 So.2d 565 (Fla.1986), and clarified, State v. Slappy, 522 So.2d 18 (Fla.), cert. denied,
487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d. 909 (1990).
850-CITE: 585 So.2d 403 Donald WALDRON and Ruby Waldron, Appellants, v. Gwendolyn Elaine DORSEY, N.S.L.,
Inc. and National Steel Corporation, Appellees.
TEXT: WIGGINTON, Judge. Appellants, husband and wife, appeal an order denying their motion for
new... 463 So.2d 581 (Fla. 1st DCA 1985). REVERSED and REMANDED for a new trial on the consortium
claims. WOLF, J., and WENTWORTH, Senior Judge, concur.
851-CITE: 489 So.2d 188 Michael Jay COLLINS, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING EN BANC COBB, Chief Judge. Pursuant to a motion for rehearing en
ba...So.2d 1057 (Fla.1983); State v. Baker, 452 So.2d 927 (Fla.1984); State v. Baker, 456 So.2d 419
(Fla.1984); O Hara v. State, 478 So.2d 24 (Fla.1985).
852-CITE: 537 So.2d 1130 James HUFF, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant appeals from his conviction for conspiracy to traffic in cocaine.
We...tional contention that the trial court erred in denying his motion for judgment of acquittal.
AFFIRMED. DANAHY, A.C.J., and PATTERSON, J., concur.
853-CITE: 532 So.2d 1303 STATE of Florida, Appellant, v. Dron Roosevelt HILL, Appellee.
TEXT: PER CURIAM. The State of Florida appeals the trial court order that granted appellee s
motio...ccessful in procuring the officer s deposition and moving the case to an expeditious
conclusion. CAMPBELL, C.J., and FRANK and PARKER, JJ., concur.
854-CITE: 547 So.2d 1012 James D. SCAPIN, Appellant, v. Barbara Ann SCAPIN, Appellee.
TEXT: MINER, Judge. James D. Scapin appeals a final judgment of dissolution of marriage and a
non-...present ability to comply before incarceration is ordered. See Bowen v. Bowen, 471 So.2d 1274
(Fla.1985). AFFIRMED. BOOTH and JOANOS, JJ., concur.
855-CITE: 608 So.2d 59 ABG REAL ESTATE DEVELOPMENT COMPANY OF FLORIDA, INC., a Florida corporation,
Petitioner, v. ST. JOHNS COUNTY, Florida, etc., Respondent.
TEXT: COBB, Judge. This petition for writ of common law certiorari seeks review of the circuit
cou...la. 5th DCA 1981). PETITION FOR CERTIORARI GRANTED; ORDER OF CIRCUIT COURT QUASHED. GOSHORN,
C.J., concurs. W. SHARP, J., concurs in result only.
856-CITE: 743 So.2d 635 WINDWARD MARINA, L.L.C., Petitioner, v. CITY OF DESTIN and The Destin City
Council, Respondent.
TEXT: WOLF, J. Petitioner, Windward Marina, L.L.C. ( Windward ), challenges a circuit court order
...he health, safety and welfare of the citizens unconstitutionally vague). I respectfully dissent
from denial of the petition for writ of certiorari.
857-CITE: 452 So.2d 985 Angel Garcia BARBON, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Barbon appeals the trial court s denial of his Florida Rules of Criminal
Proc...2d 450, 452 (Fla.1982). Accordingly, the trial court s denial of the motion for post
conviction relief is AFFIRMED. SMITH and ZEHMER, JJ., concur.
858-CITE: 518 So.2d 979 Eduardo BERRIO, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. The appellant, Eduardo Berrio, appeals his convictions and sentences for
...reverse appellant s sentence and remand for resentencing. We affirm the convictions in all other
aspects. DANAHY, C.J., and SCHOONOVER, J., concur.
859-CITE: 719 So.2d 39 Mary RICHARDSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Mary Richardson appeals the summary denial of her motion for post-conviction
rel...its conclusion. Affirmed in part, reversed in part, and remanded for further proceedings.
CAMPBELL, A.C.J., and FULMER and CASANUEVA, JJ., concur.
860-CITE: 464 So.2d 580 David R. CASSIDY, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Judge. The appellant, David R. Cassidy, has appealed from the judgments and
sent...erved, and therefore we affirm the sentences imposed upon the appellant. AFFIRMED. DANAHY,
A.C.J., and SHAFER, ROBERT T., Associate Judge, concur.
861-CITE: 515 So.2d 1068 Nathan PLATT, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal of a sentence which departed from the sentencing guidelines.
W... (Fla. 4th DCA 1986). Accordingly, we reverse and remand for resentencing within the
guidelines. HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.
862-CITE: 633 So.2d 1116 Richard HALLMAN, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant, Richard Hallman, appeals his convictions for trafficking in
cocai...record was error, id., but harmless in light of the trial court s on-the-record description
of it and in light of the cross-examination based on it.
863-CITE: 549 So.2d 1158 William MIKETA and Esmond Massey, Petitioners, v. The Honorable Gisela
CARDONNE, Circuit Court Judge of the Eleventh Judicial Circuit, In and For Dade County, Florida,
Respondent.
TEXT: PER CURIAM. This is a petition for a writ of prohibition filed by the petitioners William
Mi...he 175-day period had run; the second motion for discharge was made after the 15-day window
period had run. See Fla.R.Crim.P. 3.191(d) (1), (i) (4).
864-CITE: 585 So.2d 944 George A. PORR and Eva Firios, Appellants, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. Codefendants George Porr and Eva Firios were convicted by a jury
... against them, is moot. Accordingly, we reverse and remand for a new trial on all counts as to
both defendants. LEHAN and ALTENBERND, JJ., concur.
865-CITE: 551 So.2d 516 PALM BEACH COUNTY, Appellant, v. Cynthia OWEN and Jon Mercak, Appellees.
TEXT: ANSTEAD, Judge. We affirm on the authority of Stahl v. Metropolitan Dade County, 438 So.2d
1...is reason to conclude the trial court did not rule on the County s motions for directed verdict.
The record would not justify granting such motions.
866-CITE: 592 So.2d 1230 Bruce DUNBAR, f k a Michael Dunbar, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Acting Chief Judge. We reverse defendant s convictions and sentences for trafficking
... also Cresswell v. State, 564 So.2d 480 (Fla.1990). The convictions are reversed. Defendant
shall be discharged. FRANK and PATTERSON, JJ., concur.
867-CITE: 481 So.2d 9 C.T., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. This is an appeal from an amended order of disposition which (1) found
that...committed the offense of opposing a law enforcement officer without violence (Section 843.02,
Fla.Stat.) is reversed. MILLS and SMITH, JJ., concur.
868-CITE: 557 So.2d 180 Carol Ann SYLVESTER, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Pursuant to a written plea agreement, appellant Carol Sylvester pled nolo
conten...rt. (FN2) The rule announced in Ferguson would waive confidentiality as to the entire
accident report, not just the portions identifying the driver.
869-CITE: 464 So.2d 581 Barney J. DREGGORS Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Judge. The appellant, Barney James Dreggors, has appealed from the judgments
and...erved, and therefore we affirm the sentences imposed upon the appellant. AFFIRMED. DANAHY,
A.C.J., and SHAFER, ROBERT T., Associate Judge, concur.
870-CITE: 491 So.2d 1189 Sharon A. TERJESEN, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS
COMMISSION, Appellee.
TEXT: BARKDULL, Judge. The appellant was employed as a bank teller by the appellee, Executive
Nati...ls Commission and reinstate the decision of the appeals referee which affirmed the claims
examiner s award of unemployment benefits to the claimant.
871-CITE: 647 So.2d 838 FLORIDA BOARD OF BAR EXAMINERS re L.M.S.
TEXT: PER CURIAM. This is a petition for review of a recommendation by the Florida Board of Bar
Ex...------ (FN4) The record reflects that L.M.S. has taken the Bar exam twice since her degree was
conferred, but has not passed both parts of the exam.
872-CITE: 503 So.2d 1378 Ronnie FRAZIER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. On April 2, 1985, Ronnie Frazier was charged with second degree murder in
violat...g opinion in Stone v. State, 500 So.2d 572 (Fla. 2d DCA 1986), as to the ex post facto
argument concerning section 27.3455, Florida Statutes (1985).
873-CITE: 560 So.2d 257 The STATE of Florida, Appellant, v. Hansel TASWELL, Appellee.
TEXT: NESBITT, Judge. The state appeals an order suppressing evidence found to have been obtained
...sswell v. State, 524 So.2d 685 (Fla. 5th DCA 1988). Accordingly, it was error to suppress the
evidence seized as a result of the search. Reversed.
874-CITE: 585 So.2d 478 Elba Marie VALLE and Elba N. Valle, Appellants, v. Terry CHILDS, Appellee.
TEXT: PER CURIAM. Defendants Elba Marie Valle and Elba N. Valle appeal an adverse partial summary
...ist v. Boyd, 473 So.2d 22 (Fla. 3d DCA 1985). The order under review is reversed and the cause
remanded for further proceedings consistent herewith.
875-CITE: 612 So.2d 709 PALM BEACH COUNTY, Appellant, v. William WRIGHT, Richard Elliott, Thomas J.
Kamide, Herbert G. Elliott, and Edward L. Connop, Appellees.
TEXT: FARMER, Judge. We affirm the trial court s invalidation of Palm Beach County s thoroughfare
...1304 (Fla.1990). I would therefore reverse. I do concur in the certified question. ------------
(FN1) Section 163.3161, et. seq., Fla.Stat. (1991).
876-CITE: 565 So.2d 802 Thomas L. DIXON and Roberta Dixon, as personal representatives of the Estate of
Melissa Dixon, deceased, Appellants, v. Donald Paul SAUNDERS, Donald Paul Saunders, Jr., and Kenwood
Lanes, Limited, d b a Gator Lanes, Appellees.
TEXT: SCHEB, Acting Chief Judge. The appellants are the personal representatives of the estate of
..., as opposed to civil, sanctions. Accordingly, we affirm the final summary judgment in favor of
Gator Lanes. CAMPBELL and ALTENBERND, JJ., concur.
877-CITE: 735 So.2d 605 Joseph Eugene THURMAN, Appellant, v. Shirley B. MISTOVICH, Appellee.
TEXT: LAWRENCE, J. Joseph Eugene Thurman (Thurman) appeals the order and judgment of the trial
*60...acate the judgment assessing costs in favor of Mistovich, and enter a judgment assessing costs
in favor of Thurman. MINER and WEBSTER, JJ., CONCUR.
878-CITE: 682 So.2d 1175 Paula Glynn YUNGER and Frank W. Yunger, Appellants, v. FEDERAL HOME LOAN
MORTGAGE CORPORATION, Appellee.
TEXT: GRIFFIN, Judge. Paula and Frank Yunger [ the Yungers ], appearing pro se, appeal the denial
...en determined by the summary judgment--cannot apply to the Yungers claim that they were
prejudiced because they never were served with the judgment.
879-CITE: 727 So.2d 1044 Enrique SOTO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Enrique Soto appeals the judgment and sentence entered. following the
revocation...er of revocation and remand for the reinstatement of Soto s probation. Reversed and
remanded. BLUE, A.C.J., and FULMER and CASANUEVA, JJ., Concur.
880-CITE: 498 So.2d 560 STATE of Florida, Appellant, v. James KEHOE and Mickey De Vivo, Appellees.
TEXT: HERSEY, Chief Judge. The state appeals the suppression of physical evidence. We reverse on
f... s order granting appellant Kehoe s motion to suppress and remand for further proceedings.
REVERSED AND REMANDED. ANSTEAD and WALDEN, JJ., concur.
881-CITE: 616 So.2d 1212 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, State of Florida, Petitioner,
v. Emmett Bruce McGILL, Respondent.
TEXT: GRIFFIN, Judge. This case is before the court on a petition for writ of certiorari. On
Febru...izens, I cannot say the circuit judge departed from the essential requirements of law. That
is the standard to be applied in certiorari proceedings.
882-CITE: 526 So.2d 164 Willie Mae ROBINSON, Appellant, v. STATE of Florida, Appellee.
TEXT: LETTS, Judge. Involved is the lack of a police offer of any reasonable alternative to
impoun...POLICE ARE NOT ACTING IN BAD FAITH? AFFIRMED. HERSEY, C.J., and DOWNEY, J., concur.
------------ (FN1) Miller v. State, 403 So.2d 1307 (Fla.1981).
883-CITE: 493 So.2d 23 FOOD `N FUN, INC., Appellant, v. DEPARTMENT OF TRANSPORTATION, Appellee.
TEXT: WILLIS, BEN C. (Ret.), Associate Judge. In each of the above-styled cases. Food n Fun
appeal...o that provision that DOT is referred in the event it desires to take further action on
this matter. Reversed. WENTWORTH and NIMMONS, JJ., concur.
884-CITE: 526 So.2d 192 The STATE of Florida, Appellant, v. Marco FERNANDEZ, Appellee.
TEXT: SCHWARTZ, Chief Judge. The state challenges and we reverse an order of suppression in a
pros...). The contraband thereafter seized was thus the thoroughly edible fruit of a
constitutionally sound tree and the order suppressing it is Reversed.
885-CITE: 660 So.2d 801 SEMINOLE HEIGHTS UNITED METHODIST CHURCH, INC., and Larry G. Jones, Appellants,
v. Kirit PATEL d b a Columbia Motel and USA Steel Fence Company, Appellees.
TEXT: PARKER, Judge. Seminole Heights United Methodist Church, Inc., and Larry G. Jones appeal
the...Plaintiffs Amended Complaint With Prejudice and Granting Judgment for Defendants. Reversed
and remanded. DANAHY, A.C.J., and CAMPBELL, J., concur.
886-CITE: 622 So.2d 1152 In the Interest of A.R., A Child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. A. R., appellant, pled nolo contendere to the offense of battery on a law
enforc...osts exceeded the authority set forth in section 960.20. Accordingly, the order imposing
costs is reversed. ERVIN, JOANOS and MICKLE, JJ., concur.
887-CITE: 687 So.2d 880 Lisa COLOMO, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Acting Chief Judge. Lisa Colomo appeals her sentence for possession of cocaine
follo...ress was error. Reversed and remanded with directions to the trial court to grant Colomo s
motion to suppress. ALTENBERND and QUINCE, JJ., concur.
888-CITE: 445 So.2d 1107 GREYHOUND LINES, INC., a foreign corporation, Petitioner, v. May JACKSON, as
Personal Representative of the Estate of Caprida Jackson, deceased; and as Personal Representative
of the Estate of Tarrah Jackson, deceased, Respondents.
TEXT: PER CURIAM. By petition for writ of certiorari, we are asked to review an order of the
trial...strike the objectionable interrogatories and to expunge them from the record. DOWNEY and
LETTS, JJ., concur. HURLEY, J., dissents without opinion.
889-CITE: 518 So.2d 256 In re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE.
TEXT: PER CURIAM. This proceeding is before the Court for consideration of proposed amendments to
...ctive as of the date of this opinion. It is so ordered. OVERTON, EHRLICH, SHAW, BARKETT, GRIMES
and KOGAN, JJ., concur. McDONALD, C.J., dissents.
890-CITE: 537 So.2d 1040 FLOWERS BAKING CO., etc., Petitioner, v. CITY OF MELBOURNE, Respondent.
TEXT: COWART, Judge. Petitioner applied for a conditional use permit for gasoline pumps and
gasoli...e circuit court with instructions to direct the issuance of the conditional use permit.
DAUKSCH, J., concurs. SHARP, C.J., concurs in result only.
891-CITE: 629 So.2d 152 Nathan HILLS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks reversal of his conviction for possession of cocaine, arguing
th...s, 354 So.2d 1244, 1247 (Fla. 4th DCA 1978). Accordingly, appellant s judgment of conviction
is REVERSED. SMITH, BARFIELD AND MICKLE, JJ., concur.
892-CITE: 656 So.2d 1351 Charles PASCALE, as Personal Representative of the Estate of Carmela Pascale,
Deceased, and on behalf of the survivors of the Estate of Carmela Pascale, Appellants, v. FEDERAL
EXPRESS CORPORATION, a Delaware corporation, Fleetmark, INC., a Tennessee corporation, Eugene Bode,
Saul Greenberg and Dora Greenberg, Appellees.
TEXT: BROWN, LUCY C., Associate Judge. Appellant, Charles Pascale, plaintiff below (Pascale),
appe...would have been reached. Accordingly, we reverse and remand for further proceedings
consistent with this opinion. STONE and PARIENTE, JJ., concur.
893-CITE: 457 So.2d 602 Francisco GARZA, Appellant, v. HENDRY COUNTY, Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Francisco Garza, appeals a directed verdict in favor of
appellee...rasota v. Eppard, 455 So.2d 623 (Fla. 2d DCA 1984); Banta v. Rosier, 339 So.2d 444 (Fla.
5th DCA 1981). GRIMES, A.C.J., and SCHOONOVER, J., concur.
894-CITE: 756 So.2d 262 Donald DARIO and Judy Dario, his wife, Appellants, v. Richard D. ROTH, Sheriff
of Monroe County, Florida, Appellee.
TEXT: COPE, J. Donald and Judy Dario appeal an adverse summary judgment in their negligence
action...to these plaintiffs, based on the authorities cited earlier in this opinion. See also
Carter v. City of Stuart, 468 So.2d 955 (Fla.1985). Affirmed.
895-CITE: 688 So.2d 1019 Lance POWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant filed a motion for post-conviction relief pursuant to rule 3.850,
...aim. Reid v. State, 682 So.2d 194 (Fla. 4th DCA 1996). We affirm as to all other points raised.
GUNTHER, C.J., and WARNER and SHAHOOD, JJ., concur.
896-CITE: 622 So.2d 1163 In the Interest of A.P., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, A.P., pled nolo contendere to improper exhibition of a weapon, a
firs... costs exceeded the authority provided in section 960.20. Accordingly, the order imposing
costs is reversed. ERVIN, JOANOS and MICKLE, JJ., concur.
897-CITE: 457 So.2d 1120 GRINER-WOODRUFF, INC. and Commercial Union Insurance Company, Appellants, v.
Roger PAYNE, Appellee.
TEXT: SHIVERS, Judge. The employer carrier in this workers compensation case appeal the deputy
com...pcoa, without more, did not satisfy the employer carrier s burden. Accordingly, the deputy s
order is AFFIRMED. WENTWORTH and NIMMONS, JJ., concur.
898-CITE: 443 So.2d 209 The STATE of Florida, Appellant, v. Dennis Craig SIMPSON, Appellee.
TEXT: PER CURIAM. The State of Florida appeals an order of the trial court granting appellee s
mot...ommercial airliner, in order to investigate a suspicious bulge in the ankle area, did not run
afoul of the fourth amendment. Reversed and remanded.
899-CITE: 580 So.2d 292 Johnny LEMON, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. The appellant, Johnny Lemon, appeals the denial of his motion to
suppress... of the fact that there were at least three officers at the scene of the stop. Reversed
and remanded. CAMPBELL, A.C.J., and PATTERSON, J., concur.
900-CITE: 571 So.2d 10 STATE of Florida, Appellant, v. William Thomas LANDFALD, Appellee.
TEXT: FRANK, Judge. The state has appealed from an order granting Landfald s motion to suppress
co... only a slight degree. See Brown v. Texas, 443 U.S. 47, 99 S.Ct. 2637, 61 L.Ed.2d 357 (1979).
Affirmed. SCHOONOVER, A.C.J., and LEHAN, J., concur.
901-CITE: 503 So.2d 1316 Michael DILLA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. On June 27, 1985, Michael Dilla was charged with kidnapping in violation of
sect...ng opinion in Stone v. State, 500 So.2d 572 (Fla. 2d DCA 1986) as to the ex post facto
argument concerning section 27.3455, Florida Statutes (1985).
902-CITE: 492 So.2d 851 Kenneth Edward BADGETT, III, a minor, by and through Kenneth Edward BADGETT,
Jr., as guardian and next friend, Kenneth Edward Badgett, Jr., individually and Kenneth Edward
Badgett, Jr., as trustee for Frances Badgett, natural mother of Kenneth Edward Badgett, III,
Appellants, v. Frankie Mae THORNES and J.C. Harris, Appellees.
TEXT: BARFIELD, Judge. Kenneth Badgett and his parents appeal a final summary judgment in favor
of...the contradictory evidence on these issues, he erred by so doing. The order of final summary
judgment is REVERSED. SHIVERS and ZEHMER, JJ., concur.
903-CITE: 696 So.2d 386 Kenneth WATERS and Guy Skipper, Appellants, v. Nettie WILLIAMS, Appellee.
TEXT: PER CURIAM. This appeal arises from an order of the trial court granting Appellee s motion
f...ingly, we REVERSE and REMAND the case for a new trial on the issues of Appellants liability and
damages. BOOTH, WOLF and VAN NORTWICK, JJ., concur.
904-CITE: 687 So.2d 970 DEPARTMENT OF TRANSPORTATION, State of Florida, Appellant, v. WINTER PARK GOLF
CLUB, INC., et al., Appellees.
TEXT: EN BANC COBB, Judge. The Department of Transportation (DOT) appeals the trial court s
award...dmirably but atypically provides that counsel would receive fees at the end of the case in
accordance with the court s award. GOSHORN, J., concurs.
905-CITE: 590 So.2d 458 Joseph CASTILLO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Joseph Castillo appeals his convictions for conspiracy to traffic in cocaine,
po...At the conclusion of trial defendant pled nolo contendere with a reservation of the right to
appeal the denial of the defendant s motion to dismiss.
906-CITE: 686 So.2d 662 Thomas Pearson DUCKETT, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Thomas Pearson Duckett, Jr., appeals his convictions and sentences for five
c...r these crimes. Otherwise, we affirm the judgments and sentences. Reversed in part; affirmed in
part. THREADGILL, C.J., and PATTERSON, J., concur.
907-CITE: 622 So.2d 186 Silas GRANT, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant was charged with trafficking in cocaine and conspiracy to traffic
...ction without prejudice to him to present such a claim to the trial court via Florida Rule of
Criminal Procedure 3.850. Affirmed without prejudice.
908-CITE: 616 So.2d 509 Robert SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant entered a plea of nolo contendere to the charge of trafficking in
coca...se appellant s conviction and sentence and remand for further consistent proceedings.
REVERSED and REMANDED. ANSTEAD, LETTS and DELL, JJ., concur.
909-CITE: 434 So.2d 19 STATE of Florida, Appellant, v. Joan BARTH, Appellee.
TEXT: LEHAN, Judge. The state appeals the trial court s order granting defendant Joan Barth s
moti...d in granting defendant s motion to suppress. REVERSED AND REMANDED FOR PROCEEDINGS
CONSISTENT HEREWITH. HOBSON, A.C.J., and CAMPBELL, J., concur.
910-CITE: 482 So.2d 512 Robert George CARDWELL, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. Robert George Cardwell, Jr. entered a plea of nolo contendere to
traffickin...ent to the United States Constitution? The trial court s order denying appellant s
motion to suppress is AFFIRMED. ERVIN and JOANOS, JJ., concur.
911-CITE: 457 So.2d 1070 Eurich Zwingli GRIFFIN, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Petitioner seeks a writ of certiorari to review the circuit court s affirmance
o...iage of justice, and therefore deny the petition. See Combs v. State, 436 So.2d 93 (Fla.1983).
BOARDMAN, A.C.J., and DANAHY and LEHAN, JJ., concur.
912-CITE: 576 So.2d 899 Charles T. GIBSON, Appellant Cross-Appellee, v. STATE of Florida, Appellee
Cross-Appellant.
TEXT: FRANK, Judge. Charles Gibson appeals from the trial court s denial of his motion to
suppress... affirm the order dismissing the charge of carrying a concealed weapon. Affirmed in
part, reversed in part. CAMPBELL A.C.J., and HALL, J., concur.
913-CITE: 452 So.2d 540 Don Andrew BRACKIN, et al., Petitioners, v. George William BOLES, et ux.,
Respondents.
TEXT: OVERTON, Justice. This is a petition to review a decision of the First District Court of
App...proceedings in accordance with our decision. It is so ordered. ALDERMAN, C.J., and BOYD,
McDONALD and EHRLICH, JJ., concur. ADKINS, J., dissents.
914-CITE: 507 So.2d 673 Hector SANCHEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Sanchez appeals his convictions and sentence for credit card theft and
possessio...ce imposed. We remand with directions for the trial court to modify the judgment in
accordance with these views. Affirmed as modified and remanded.
915-CITE: 466 So.2d 1240 RYDER TRUCK RENTAL, INC. and Albertsons, Inc., Appellants, v. Garry JOHNSON and
Lisa Johnson, his wife, Appellees.
TEXT: BOOTH, Judge. This cause is before us on appeal from a final judgment in a personal injury
a...dmitted. Accordingly, the judgment below is reversed and the cause remanded for new trial in
accordance herewith. SHIVERS and ZEHMER, JJ., concur.
916-CITE: 590 So.2d 542 Edward Mark TARGACZEWSKI, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. The appellant challenges his conviction for possession of cocaine,
contend... v. State, 559 So.2d 84 (Fla. 3d DCA 1990); C.V.H. v. State, 556 So.2d 1235 (Fla. 5th DCA
1990). REVERSED. DANAHY, A.C.J., and PARKER, J., concur.
917-CITE: 498 So.2d 1050 Janice GRIM, as Personal Representative of the Estate of Joseph Grim, Deceased,
Appellant, v. Michael DONOVAN, etc., et al., Appellees.
TEXT: PER CURIAM. This is an appeal from a final judgment dismissing an action for wrongful death
...eversed with directions for further proceedings in accord herewith. DOWNEY and ANSTEAD, JJ., and
WILLIS, BEN C., Associate Judge (Retired), concur.
918-CITE: 458 So.2d 1183 Richard R. SCHMITT, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Chief Judge. The appellant, Richard R. Schmitt, together with four others, was
convict... to the sentencing guidelines. REVERSED in part; AFFIRMED in part; and REMANDED for
resentencing. DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur.
919-CITE: 501 So.2d 1321 Elwyn BELL, Jr., and Cheryl Bell, his wife, Appellants, v. HARLAND RAYVALS
TRANSPORT, LTD., and John Martin, Appellees.
TEXT: GUNTHER, Judge. Elwyn and Cheryl Bell appeal a final judgment for defendants, Harland
Rayval...d be greatly assisted in rendering their verdict by the attorneys closing arguments.
REVERSED AND REMANDED. HERSEY, C.J., and ANSTEAD, J., concur.
920-CITE: 661 So.2d 97 Charles PRICE and Sabrina Price, Appellants, v. Anthony RIZZUTI, Appellee.
TEXT: PER CURIAM. Reversed. The issue in this case is whether it was error to allow a traffic
inve...98 GLICKSTEIN, Judge, dissenting. I believe that appellant waived the accident report
privilege with respect to the location of appellee s U-turn.
921-CITE: 528 So.2d 921 PARADYNE CORPORATION, Appellant, v. STATE of Florida, DEPARTMENT OF
TRANSPORTATION and Irwin H. Miller, Sonya Miller, Philip Benjamin and Marilyn Benjamin, Appellees.
TEXT: SMITH, Chief Judge. Paradyne Corporation (Paradyne) appeals a final order of the Department
...an unconstitutional taking of Paradyne s property, I concur with reversal and would remand the
cause to the agency for the purpose of clarification.
922-CITE: 665 So.2d 1066 Laurentino Bravo SALAZAR, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, Judge. While driving under the influence of alcohol and with a suspended driver
s...s such, I would affirm. At the very least, we should certify the question to the supreme court
as Judge Harris suggests in his dissent to Melbourne.
923-CITE: 611 So.2d 1244 In re CERTIFICATION OF JUDGESHIPS.
TEXT: BARKETT, Chief Justice. Under the provisions of article V, section 9, of the Florida
Constit...l mandate to try cases in a fair, impartial, and timely manner. It is so ordered.
OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
924-CITE: 447 So.2d 1012 Barbara Ann VUKOVICH, Appellant, v. James LEO, Michele Leo, and State Farm
Mutual Automobile Insurance Company, Appellees.
TEXT: HENDRY, Judge. Appellant Barbara Vukovich appeals from an adverse final summary judgment
ent... of Perry v. Harlie Lynch Construction Co., Inc., 426 So.2d 52 (Fla. 1st DCA 1983); Burkett v.
Parker, 410 So.2d 947 (Fla. 1st DCA 1982). Affirmed.
925-CITE: 525 So.2d 445 Daniel RUIZ and Lucille Higgins, Appellants, v. TARACOMO TOWNHOMES CONDOMINIUM
ASSOCIATION, INC. and George Zamry, Appellees.
TEXT: PER CURIAM. We affirm the final summary judgments under review because the record
conclusive... v. Spinelli, 342 So.2d 829 (Fla. 2d DCA 1977), cert. denied, 354 So.2d 986 (Fla.1978);
Byrd v. Leach, 226 So.2d 866 (Fla. 4th DCA 1969). Affirmed.
926-CITE: 548 So.2d 689 Alice McCURRY and H.G. McCurry, Appellants, v. INVESTMENT CORPORATION OF PALM
BEACH, d b a Palm Beach Kennel Club, Appellee.
TEXT: POLEN, Judge. These are consolidated appeals from a final judgment for the defendant and a
f...ingly, the result as stated in our opinion of July 7, 1989, stands. The cause is reversed and
remanded for a new trial consistent with this opinion.
927-CITE: 543 So.2d 358 David Eugene PETERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. Appellant David Eugene Peterson appeals from his convictions for five counts
o...on. *359 to the trial court for further consistent proceedings. AFFIRMED in part, REVERSED in
part and REMANDED. BOOTH and WENTWORTH, JJ., concur.
928-CITE: 450 So.2d 1280 STATE of Florida, Appellant, v. Bobby L. DIXON, Appellee.
TEXT: PER CURIAM. Appellant, State of Florida, contends that the trial court erred by granting
the...ns, we reverse and remand to the trial court for proceedings in accordance with this opinion.
HOBSON, A.C.J., and GRIMES and CAMPBELL, JJ., concur.
929-CITE: 710 So.2d 651 Randell HOLMES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s conviction for trafficking in cocaine in violation of
sect... does not apply to this case, since it did not become effective until October 1, 1997. See
Ch. 97-300, Sections 13, 54, at 5398, 542 1, Laws of Fla.
930-CITE: 571 So.2d 1358 STATE of Florida, Appellant, v. Anthony LOUIS, Appellee.
TEXT: GARRETT, Judge. The State appeals the trial court s granting of appellee s motion to
suppres...majority chooses to overrule the trial court, I choose to support its discretionary call.
The majority opinion does not convince me to do otherwise.
931-CITE: 431 So.2d 247 Robert BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Appellant was found guilty of and sentenced for attempted manslaughter. He
co...conviction of attempted manslaughter, but also certify this question as one of great public
importance. AFFIRMED. MILLS and THOMPSON, JJ., concur.
932-CITE: 716 So.2d 318 Rafael Manuel MORERA, Jr. and Rafael Manuel Morera, Sr., Appellants, v. Petrona
Elba CASTELLON, Roberto Castellon and Elba Castellon, Appellees.
TEXT: SORONDO, Judge. Rafael Manuel Morera, Jr. and Rafael Manuel Morera, Sr. (collectively
Morera...2d DCA 1996). We reverse and remand for a new trial. ------------ (FN1) The evidence is
undisputed that it was Castellon who broadsided Morera, Jr.
933-CITE: 721 So.2d 1258 STATE of Florida, Appellant, v. Robert E. GREEN, Appellee.
TEXT: PETERSON, J. The State of Florida appeals an order suppressing from evidence powder and
crac...order suppressing the illicit drugs is reversed and the matter remanded to the trial court.
REVERSED AND REMANDED. GRIFFIN, C.J., and DAUKSCH, J.,
934-CITE: 651 So.2d 721 Eileen POLLOCK, Appellant, v. Earl S. GOLDBERG and Geico General Insurance
Company, Appellees.
TEXT: PER CURIAM. This is an appeal from a final judgment and order granting a renewed directed
ve...ence, which question the trial court did not consider; nor can we second guess the jury s
apportionment. HERSEY, GLICKSTEIN and POLEN, JJ., concur.
935-CITE: 565 So.2d 871 Manuel CHARLES, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. Appellant, Manuel Charles, and four codefendants, were charged with
conspirac...ersible error demonstrated regarding the state s striking of said jurors, which requires
reversal for a new trial. GUNTHER and WARNER, JJ., concur.
936-CITE: 734 So.2d 577 James A. ABRAVAYA, Appellant, v. Yanira B. GONZALEZ, Appellee.
TEXT: GERSTEN, J. James A. Abravaya appeals an order granting a domestic violence injunction in
fa...A National Survey of Stalking Laws: A Legislative Trend Comes to the Aid of Domestic Violence
Victims and Others, 27 Suffolk U.L.Rev. 67, 83 (1993).
937-CITE: 642 So.2d 656 Terry Lavon COBB, Appellant, v. STATE of Florida, Appellee. Jamie MORRIS
Appellant, v. STATE of Florida, Appellee.
TEXT: MICKLE, Judge. Appellants, Terry Cobb and Jamie Morris, co-defendants in the lower
tribunal,...ases, on which Appellants rely, that focus on just one or a few of the above-listed
cumulative factors. AFFIRMED. BARFIELD and MINER, JJ., concur.
938-CITE: 496 So.2d 880 George BASS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, George Bass, argues that the trial court erred in sentencing
him....affirm appellant s sentences for the burglary and battery charges. Reversed and remanded.
DANAHY, C.J., and SCHOONOVER and SANDERLIN, JJ., concur.
939-CITE: 488 So.2d 653 Roberto MARTIN, Petitioner, v. STATE of Florida, Respondent.
TEXT: ERVIN, Judge. Roberto Martin has filed petitions for writs of prohibition and or common law
...is committed by any of the conspirators in furtherance of the unlawful confederacy. ) The
petitions are denied. WENTWORTH and JOANOS, JJ., concur.
940-CITE: 615 So.2d 698 Osvaldo PADRINO and Violeta Padrino, Appellants, v. Harriet G. RESNICK,
Appellee.
TEXT: CORRECTED OPINION FERGUSON, Judge. On the main issue presented, this case is factually
indi... of consortium to Mrs. Padrino, are explainable only as an impact of the prejudicial
argument. Reversed and remanded for a new trial on all issues.
941-CITE: 637 So.2d 333 John BAILEY a k a John Henry Bailey, Jr. a k a John Amin, Appellant, v. STATE of
Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. This appeal results from convictions and sentences for four
coun...s are stolen. We note that this provision was deleted from the statute effective October 1,
1990. Ch. 90-318, Section 2, at 2577, 2581, Laws of Fla.
942-CITE: 445 So.2d 1110 Randy Beven EASTERLY, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Judge. Randy Beven Easterly was convicted of conspiracy to traffic in cannabis and
at...y and find them to be without merit. Therefore, in all other respects, we affirm his judgment
and sentences. GRIMES, A.C.J., and RYDER, J., concur.
943-CITE: 705 So.2d 979 Terry Carnell HARDY, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, Judge. Appellant, Terry Carnell Hardy, was convicted of various offenses all
rela...cene of an accident involving injury, but affirin appellant s other convictions. AFFIRMED IN
PART; REVERSED IN PART. POLEN and GROSS, JJ., concur.
944-CITE: 601 So.2d 1300 Richard W. OGDEN and Robert M. Larsen, Appellants, v. STATE of Florida
DEPARTMENT OF TRANSPORTATION, Appellee.
TEXT: GODERICH, Judge. The plaintiffs, Richard W. Ogden and Robert M. Larsen, appeal from a final
...asons, we find that the trial court properly entered a directed verdict in favor of DOT. The
judgment entered thereon is hereby affirmed. Affirmed.
945-CITE: 731 So.2d 94 Luis GUTIERREZ, Appellant, v. STATE of Florida, Appellee.
TEXT: SHAHOOD, J. We affirm appellant s conviction of trafficking in cocaine and conspiracy to
tra... Robotics Sys., Inc., 710 So.2d 587, 590 (Fla. 4th DCA), review granted, 722 So.2d 193 (Fla.
Aug. 7, 1998). AFFIRMED. DELL and GROSS, JJ., concur.
946-CITE: 448 So.2d 512 STATE of Florida, Appellant, v. Douglas Patrick RITTER and Morgan Lee Bond,
Appellees.
TEXT: SHARP, Judge. Ritter and Bond were charged with attempting to traffic in cocaine (Count I)
(... to allow the state to negligently dispose of critical evidence and then offer an expert witness
whose testimony cannot be refuted by the defendant.
947-CITE: 550 So.2d 110 Ronald Dean ELLIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Ronald Dean Ellis appeals his convictions for trafficking in cocaine and
cons...d to testify, the trial court had the authority to advise the jury to disregard Ellis s
testimony. Affirmed. SCHEB, A.C.J., and RYDER, J., concur.
948-CITE: 443 So.2d 219 Louis POYNTER, a k a Michael Colwell, a k a Jeffrey Nease, Appellant, v. STATE
of Florida, Appellee.
TEXT: BERANEK, Judge. Appellant was charged with and convicted of trafficking in marijuana and
con...ther proceedings including another determination of competence before any subsequent trial.
REVERSED AND REMANDED. DOWNEY and WALDEN, JJ., concur.
949-CITE: 595 So.2d 115 The Honorable Jonathan T. COLBY, Judge of the County Court of the 11th Judicial
Circuit, in and for Dade County, Florida, Appellant, v. David McNEILL, Appellee.
TEXT: HUBBART, Judge. This is an appeal by the state from a final order granting a petition for a
...ections to deny the subject petition and allow the county court to try the defendant for the
traffic offenses in this cause. Reversed and remanded.
950-CITE: 493 So.2d 1077 Peter H. WHITNEY, Appellant, v. STATE of Florida Appellee.
TEXT: MILLS, Judge. Whitney appeals from the denial of his motion to correct sentence filed
pursua...e case is remanded for correction of the error noted above, and the sentence is in all
other respects affirmed. WIGGINTON and NIMMONS, JJ., concur.
951-CITE: 662 So.2d 1389 Kenneth L. ROBIE and Barbara G. Robie, Appellants, v. PORT DOUGLAS (FLORIDA),
INC., Appellee.
TEXT: PARIENTE, Judge. Following default by Inverrary Cinema Corp. (tenant), appellee Port
Douglas...ourt on the issue of lien priority, we need not reach the other issues raised in this
appeal. REVERSED AND REMANDED. POLEN and KLEIN, JJ., concur.
952-CITE: 528 So.2d 1262 Eduardo RUBIANO, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. We deny appellant s motion for rehearing. However, we
w...the other points raised by appellant and find them to be without merit. Accordingly, we affirm.
AFFIRMED. GLICKSTEIN, DELL and STONE, JJ., concur.
953-CITE: 705 So.2d 1359 FLORIDA POWER & LIGHT CO., Petitioner, v. Edward PERIERA, Respondent.
TEXT: HARDING, Justice. We have for review the decision in Periera v. Florida Power & Light Co.,
6...it is inconsistent with our opinion. It is so ordered. KOGAN, C.J., and OVERTON, SHAW, WELLS
and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.
954-CITE: 712 So.2d 1152 Erick SANCHEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Chief Judge. Appellant, Erick Sanchez [ Sanchez ], seeks review of the denial of a
... THOMPSON, JJ., concur. ------------ (FN1) As part of the plea, the state agreed to enter a nolle
prosequi with respect to the remaining two counts.
955-CITE: 693 So.2d 666 Michael W. LOUDERMILK, Appellant, v. Sharon L. LOUDERMILK, Appellee.
TEXT: PER CURIAM. The appellant, Michael Loudermilk, challenges an emergency order granting the
ap...ly, we reverse and remand to the trial court for further proceedings. Reversed and remanded.
PARKER, A.C.J., and LAZZARA and WHATLEY, JJ., concur.
956-CITE: 457 So.2d 540 Richard James ACTON, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIMES, Judge. Appellant was charged with delivery of cocaine in excess of twenty-eight
gram...). We affirm but direct that the judgment be amended to reflect a conviction for trafficking
under count I. RYDER, C.J., and CAMPBELL, J., concur.
957-CITE: 705 So.2d 984 Onel MONTALVO, Appellant, v. The STATE of Florida, Appellee.
TEXT: SORONDO, Judge. Onel Montalvo appeals the lower court s order of restitution. In April,
199...islature can certainly mandate the imposition of fines as additional punitive measures, such
fines cannot be imposed under the guise of restitution.
958-CITE: 582 So.2d 88 Juan Luis GARCIA, Appellant, v. STATE of Florida, Appellee.
TEXT: McNULTY, Senior Judge. Appellant Garcia and Juan Londono were both ensnared in the same
unde...iled police activities in a given case. Cf. Bowser v. State, 555 So.2d 879 (Fla. 2d DCA
1989); Gonzalez v. State, 571 So.2d 1346 (Fla. 3d DCA 1990).
959-CITE: 721 So.2d 1230 CITY OF NORTH BAY VILLAGE and I.S.A.C., Appellants, v. James V. MILLERICK,
Appellee.
TEXT: PADOVANO, Judge. The City of North Bay Village and its servicing agent appeal a final order
...refore, he was not entitled to recover workers compensation benefits for the injuries he
sustained. Reversed. BOOTH and VAN NORTWICK, JJ., concur.
960-CITE: 492 So.2d 1139 Larry WEEMS, Appellant, v. STATE of Florida, Appellee. Collie DAVIS, Appellant,
v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. Defendants, Larry Weems and Collie Davis, appeal their convictions on the
g...VERSED and the case is REMANDED to the trial court with directions that the defendants be
DISCHARGED. SMITH, J., concurs. WENTWORTH, J., dissents.
961-CITE: 605 So.2d 1291 Charles ALPERN Appellant, v. The STATE of Florida, Appellee.
TEXT: BARKDULL, Judge. The defendant, appellant, Charles Alpern, along with two others; was
charge...), Florida Statutes (1991). I concur that the refusal to give the instruction was entirely
harmless. See State v. Abreau, 363 So.2d 1063 (Fla.1978).
962-CITE: 641 So.2d 523 William R. TINNERMAN and William G. Robinson, Appellants, v. PALM BEACH COUNTY,
a political subdivision of the State of Florida, Appellee.
TEXT: PER CURIAM. Appellants appeal a final judgment in which the trial court found their
temporar...ersuasive. As it is, however, it is impossible to determine whether appellants were
denied all use of their land as was the property owner in Lucas.
963-CITE: 666 So.2d 1001 T.W., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. T.W. appeals her judgment of guilt of possession of a controlled substance. She
...inding that T.W. was guilty of possession of a controlled substance must be reversed. REVERSED.
PETERSON, C.J., W. SHARP and GRIFFIN, JJ., concur.
964-CITE: 681 So.2d 797 D.M., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. D.M. appeals the order of disposition and sentence imposed following his no
c...e reverse and remand with directions to the trial court to enter an order granting D.M. s motion
to dismiss. FRANK, A.C.J., and FULMER, J., concur.
965-CITE: 547 So.2d 1294 STATE of Florida, Appellant, v. Mark James ANGEL, Appellee.
TEXT: SHARP, Judge. The state appeals from an order of the trial court which granted Angel s
motio...So.2d 133 (Fla. 5th DCA 1985). The only evidence submitted on this point was by law
enforcement officers as Angel apparently elected not to testify.
966-CITE: 720 So.2d 1085 STATE of Florida, Appellant, v. Michael KEIRN, Appellee.
TEXT: GROSS, Judge. The central issue presented in this case is whether a conviction within the
me...f a conviction, we do not address the other aspects of the constitutional argument. Cf.
Gloster, 703 So.2d 1174. STONE C.J., and KLEIN, J., concur.
967-CITE: 754 So.2d 78 Livian WHITE, Appellant, v. The STATE of Florida, Appellee.
TEXT: SORONDO, J. Livian White (defendant) appeals from the lower court s final judgment and
sente...k and one was white. Accordingly, I would hold that the State gave valid race-neutral
reasons for striking prospective jurors Adderley and Holloway.
968-CITE: 654 So.2d 585 The STATE of Florida, Appellant, v. William R. WOODRUFF, Appellee.
TEXT: BASKIN, Judge. The state appeals an order dismissing the information against Defendant on
do..., trying defendant on the same charge discharged under the speedy trial rule would violate the
express prohibition of the rule. Dismissal affirmed.
969-CITE: 490 So.2d 97 Antonio Ramon GASSET, Petitioner, v. The STATE of Florida, Respondent.
TEXT: JORGENSON, Judge. Antonoio Gasset seeks review of an order of the circuit court, appellate
d...ourt departed from the essential requirements of law. I would grant the petition for writ of
certiorari, and quash the opinion of the circuit court.
970-CITE: 691 So.2d 1174 BHB DEVELOPMENT, INC., a Florida corporation, John Mazur, Jr., Brian H. Bauer
and Pamela Bauer, his wife, and Kenneth G. Adams, Trustee, Appellants, v. BONEFISH YACHT CLUB
HOMEOWNERS ASSOCIATION, INC., Appellee.
TEXT: SHEVIN, Judge. BHB Development, Inc., John Mazur, Brian H. Bauer and Pamela Bauer, his
wife,...mandy C. Ass n, Inc., 541 So.2d 1263 (Fla. 4th DCA 1989) (same). Such an interference is
impermissible. Accordingly, we affirm the order. Affirmed.
971-CITE: 434 So.2d 342 George P. RUSSELL, Appellant, v. Jeffrey K. SMITH, Appellee.
TEXT: LEHAN, Judge. Defendant, George P. Russell, appeals from a jury verdict for compensatory
and...a remittitur as to the amount of punitive damages awarded--is moot. REVERSED AND REMANDED FOR
NEW TRIAL. HOBSON, A.C.J., and BOARDMAN, J., concur.
972-CITE: 433 So.2d 1009 Holsey GRAY, Appellant, v. DADE COUNTY SCHOOL BOARD and Gallagher Bassett
Insurance Service, Appellees.
TEXT: WIGGINTON, Judge. Claimant appeals the order of the deputy commissioner denying
compensation...although not obligated to do so, teachers were expected to give fully of their
services and participate to a reasonable extent in school activities.
973-CITE: 451 So.2d 992 John Y. GADSON, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The appellant, John Gadson, was convicted of forgery. He appeals, contending
th... intended injury or fraud cannot support the third element necessary to establish the crime of
forgery. REVERSED. DAUKSCH and COWART, JJ., concur.
974-CITE: 584 So.2d 200 Ernest SOMERVILLE, Appellant, v. STATE of Florida, Appellee.
TEXT: KAHN, Judge. Ernest Somerville, who was convicted of dealing in stolen property (FN1) after
...la. 1st DCA 1982). Somerville s conviction and sentence are reversed, and this cause is remanded
for a new trial. SHIVERS and ZEHMER, JJ., concur.
975-CITE: 451 So.2d 500 Rose M. PALMER, Appellant, v. STATE of Florida, Appellee.
TEXT: MIZE, Associate Judge. Rose M. Palmer appeals her conviction and sentence for two counts of
...he jury to fully consider the circumstances of this accident, I think, deprived Palmer of a fair
trial. I would reverse, or reverse for a new trial.
976-CITE: 552 So.2d 1135 Willie C. TAYLOR, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The issue on this appeal is whether the appellant was guilty of carrying a
conc...iew the issue of whether the pistol here was or was not concealed should be resolved by the
jury. See also Cope at 1272 (Sharp, W., J., dissenting).
977-CITE: 744 So.2d 1043 Arnie M. BERKOWITZ, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, J. Arnie M. Berkowitz appeals his judgment of conviction and sentence for the
cri...sue in this case. Accordingly, we reverse Berkowitz convictions and remand for a new trial.
REVERSED and REMANDED. STONE and SHAHOOD, JJ., concur.
978-CITE: 701 So.2d 384 ALL-TIME TOWING, INC., Alert Towing, Inc., d b a JD S Towing, Boca Raton Towing
and Recovery, Inc., James Auto Road Service, Inc., d b a James Towing, Joy Towing, Inc., Florida
corporations and Stephen J. Tressler d b a National Towing and Recovery, Appellants, v. Charles A.
McCUTCHEON, Sheriff of Palm Beach County, Appellee.
TEXT: STEVENSON, Judge. The issue for consideration in this appeal is whether the Palm Beach
Count...titive bidding procedures which were employed by the sheriff in this case. AFFIRMED.
FARMER, J., and FRUSCIANTE, JOHN A., Associate Judge, concur.
979-CITE: 700 So.2d 732 Arlene VALENTE, Appellant, v. RESORT ENTERPRISES, INC., and James Edward Bishop,
Appellees.
TEXT: PATTERSON, Judge. Arlene Valente appeals from a final judgment awarding her $596.66 in
damag...f any negligence on Valente s part. We therefore reverse and remand for a new trial on all
issues. SCHOONOVER, A.C.J., and THREADGILL, J., concur.
980-CITE: 528 So.2d 94 Manuel Ricardo VALDES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant contests the imposition of two 25-year-concurrent sentences for the
of...um, a departure reason should normally be given unless--as held in the case law authority cited
infra--the sentence is the result of a plea bargain.
981-CITE: 614 So.2d 637 Michael SCHMITT, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. Defendant was convicted of simple possession of cocaine in violation of
secti...ly after police noticed a small ball of tinfoil containing three rocks along the floor near
the driver s seat), rev. denied, 613 So.2d 4 (Fla.1992).
982-CITE: 590 So.2d 923 STATE of Florida, Petitioner, v. Patrick WELLER, Respondent.
TEXT: PER CURIAM. We have for review Weller v. State, 501 So.2d 1291 (Fla. 4th DCA 1986), based
up...uded offenses and that Carawan had overruled Brown I. It is so ordered. SHAW, C.J., and
OVERTON, McDONALD, BARKETT, GRIMES and KOGAN, JJ., concur.
983-CITE: 533 So.2d 297 Cefice JENKINS, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Cefice Jenkins was found guilty as charged of conspiracy to traffic in
mor...of counsel during an interview initiated by a law enforcement officer who had focused upon
Mosely as his prime, and only suspect. 503 So.2d at 1358.
984-CITE: 536 So.2d 181 THE FLORIDA BAR. In re RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS.
(EN*),(EN **)
TEXT: REVISED OPINION PER CURIAM. The Traffic Court Rules Committee of The Florida Bar (rules
com...ded (which could be years later) should not be allowed to elect a hearing in those cases where
the state has been prejudiced by the passage of time.
985-CITE: 482 So.2d 528 William CHIPPAS, Appellant, v. STATE of Florida, Appellee.
TEXT: UPCHURCH, Judge. This is an appeal from an order denying post-conviction relief. Chippas
was... motion for post-conviction relief where matter at issue could have been raised on direct
appeal). AFFIRMED. COBB, C.J., and ORFINGER, J., concur.
986-CITE: 587 So.2d 1292 DEPARTMENT OF TRANSPORTATION, Petitioner, v. Loretta KONNEY, etc., et al.,
Respondents. PALM BEACH COUNTY, Petitioner, v. Loretta KONNEY, etc., et al., Respondents.
TEXT: OVERTON, Justice. We have for review State, Department of Transportation v. Konney, 551
So.2...rite this separate opinion only to explain my understanding of the applicable law and its
relevant exceptions. SHAW, C.J., and BARKETT, J., concur.
987-CITE: 739 So.2d 710 Trudy Nolen BRYANT, as personal representative of the Estate of Phillip Wallace
Bryant, and Trudy Nolen Bryant, individually, Appellants, v. Larry R. BUERMAN, Appellee.
TEXT: TAYLOR, J. In this appeal from a judgment in favor of appellee for permanent injuries
result...tle, if any, discretion, and appellate courts will not hesitate to find error. Accordingly,
the broad discretion rule is of little help to appellee.
988-CITE: 683 So.2d 664 Karen ROBBINS and Eldon Max Robbins, Appellants, v. ORLANDO, H.M.A., INC., etc.,
et al., Appellees.
TEXT: THOMPSON, Judge. Karen Robbins ( Robbins ) and her husband, Eldon Robbins, appeal the trial
...ly with the provisions of Chapter 766. Foshee. The order dismissing the complaint is reversed.
REVERSED. PETERSON, C.J. and W. SHARP, J., concur.
989-CITE: 641 So.2d 366 In re INQUIRY CONCERNING a Judge, DANIEL W. PERRY.
TEXT: PER CURIAM. The Florida Judicial Qualifications Commission (Commission) recommends that
this...d by the publication of this opinion. It is so ordered. GRIMES, C.J., OVERTON, SHAW, KOGAN
and HARDING, JJ., and McDONALD, Senior Justice, concur.
990-CITE: 605 So.2d 146 Derrick SHARP, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Chief Judge. Derrick Sharp has appealed from his conviction of carrying a concealed
...the conviction for carrying a concealed weapon is reversed, and the case remanded for a new trial
on that charge only. ALLEN and WOLF, JJ., concur.
991-CITE: 552 So.2d 937 Edward MORELAND, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant appeals from his convictions and sentences for trafficking in
cocain... back of the patrol car is without merit. See Brown v. State, 349 So.2d 1196 (Fla. 4th DCA
1977). Affirmed. DANAHY, A.C.J., and FRANK, J., concur.
992-CITE: 714 So.2d 1176 STATE of Florida, Appellant, v. Schon K. THOMAS, Appellee.
TEXT: PER CURIAM. The State appeals the trial court s order granting Schon K. Thomas motion to
sup...reverse the order granting suspension and remand for further proceedings. Reversed and
remanded. FRANK, A.C.J., and FULMER and GREEN, JJ., concur.
993-CITE: 596 So.2d 1148 Charles MILLS, Appellant, v. STATE of Florida, Appellee.
TEXT: GARRETT, Judge. Charles Mills appeals his armed trafficking in cocaine and conspiracy to
tra...instruction on entrapment. Colbert v. State, 569 So.2d 433, 435 (Fla.1990). AFFIRMED.
DOWNEY, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
994-CITE: 564 So.2d 480 Travis Harrison CRESSWELL, Petitioner, v. STATE of Florida, Respondent.
TEXT: EHRLICH, Chief Justice. We have for review Cresswell v. State, 524 So.2d 685, 686 (Fla. 5th
...cies. For these reasons, I would order the suppression of the evidence seized from Cresswell s
car. I respectfully dissent. BARKETT, J., concurs.
995-CITE: 657 So.2d 1246 S.G.K., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. S.G.K. appeals from an order finding him in violation of section 843.02,
Florida... a conviction for resisting without violence. Harris v. State, 647 So.2d at 209.
Accordingly, we REVERSE. BOOTH, JOANOS and LAWRENCE, JJ., concur.
996-CITE: 462 So.2d 581 Robert B. EDWARDS, Petitioner, v. STATE of Florida, Respondent.
TEXT: GLICKSTEIN, Judge. Petitioner seeks review by writ of certiorari of the circuit court s
affi....m. on July 22, 1983, when petitioner was behind the wheel, drunk, on a public highway.
DELL, J., concurs. WALDEN, J., concurs in conclusion only.
997-CITE: 596 So.2d 1055 STATE of Florida, Petitioner, v. Jo Ann CAMP, Respondent.
TEXT: BARKETT, Justice. We review State v. Camp, 579 So.2d 763 (5th DCA 1991), based on direct
and...- (FN3) In this case, Camp herself negotiated the checks. Our analysis would not apply had she
stolen and sold blank checks for others to negotiate.
998-CITE: 717 So.2d 1073 Ruth AUSTIN, Appellant, v. Thomas A. MYLANDER, etc., Appellee.
TEXT: THOMPSON, Judge. Ruth Austin appeals a final summary judgment in favor of Thomas A.
Mylander... been no showing that the sheriff owed a duty to Austin in particular, we affirm the
summary judgment. AFFIRMED. PETERSON and ANTOON, JJ., concur.
999-CITE: 631 So.2d 1088 In Re CERTIFICATION OF NEED FOR ADDITIONAL JUDGES.
TEXT: BARKETT, Chief Justice. Under the provisions of article V, section 9, of the Florida
Constit...l mandate to try cases in a fair, impartial, and timely manner. It is so ordered.
OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
1000-CITE: 625 So.2d 957 STATE of Florida, Appellant, v. Kelly Sheffield CRIDER, Appellee.
TEXT: GRIFFIN, Judge. The State appeals the lower court s judgment of acquittal. We reverse. On
J...in that vehicle to the awaiting purchasers. REVERSED and REMANDED with instructions to
reinstate jury verdict. GOSHORN and DIAMANTIS, JJ., concur.
1001-CITE: 501 So.2d 1302 LYKES BROS., INC., a Florida corporation, Appellant, v. Ralph M. CLEMENTS,
Marceleen L. Clements, William R. Clements, Diane J. Clements, Diana C. Hill, Thomas W. Hill, Marcia
C. Boehme, Theodore F. Boehme, Ted S. Clements, Florida Citrus Nursery, L.C. Smith, III, John R.
Dressel, Malcomb C. Watters, Jr., William L. Peeples, and Tropical Citrus Services, Appellees.
TEXT: PER CURIAM. Plaintiffs, appellee Clements and other landowners (hereafter Clements),
brought... at trial will not be considered or reviewed by an appellate court. Affirmed. DANAHY,
C.J., SCHEB, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
1002-CITE: 680 So.2d 1073 Josephine D. JOHNSON, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et al.,
Appellee.
TEXT: HARRIS, Judge. While we agree that dishonesty is and should be grounds for dismissal and
den...it is clear and unambiguous from the record that she was aware she entered a plea of nolo
contendere and adjudication was withheld. I would affirm.
1003-CITE: 551 So.2d 552 The STATE of Florida, Appellant, v. Jose Raul PUIG, Appellee.
TEXT: GERSTEN, Judge. This is an appeal by the State from the trial court s order granting
suppres...d 392 (Fla.1968). We therefore find that there was probable cause to arrest and to conduct
a search incident to that arrest. Reversed and remanded.
1004-CITE: 525 So.2d 1005 Antonio GONZALEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant Antonio Gonzalez appeals his conviction and sentence for
trafficki...s case occurred prior to that date, however, the Cruz objective test remains applicable.
State v. Lopez, 522 So.2d 537, 537 n. 2 (Fla. 3d DCA 1988).
1005-CITE: 648 So.2d 1244 Brooks Wimbey McADAM, Petitioner, v. STATE of Florida, Respondent.
TEXT: ALTENBERND, Judge. Brooks McAdam seeks certiorari review of th e circuit court order
affirmi...a DWAI conviction in Colorado is a similar alcohol related offense under section
316.193(6) and that the appellant s sentence was properly enhanced.
1006-CITE: 541 So.2d 656 Sergio E. YAZIDJIAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. GARRETT, J., and KAHN, MARTIN D., Associate Judge, concur.
GLICKSTEI...Children and Youth would realistically vote meaningful funds for prevention
programs--giving real service, rather than lip service, to this problem.
1007-CITE: 492 So.2d 445 David NEWSOM, Petitioner, v. STATE, ex rel. Stan R. MORRIS, Respondent.
TEXT: THOMPSON, Judge. Newsom appeals an order denying his petition for writ of prohibition. The
a...ant was unavailable for trial, the motion shall be denied, but the trial shall be scheduled
within 90 days of a written or recorded order of denial.
1008-CITE: 712 So.2d 1218 STATE of Florida, Appellant, v. Connie M. STRICKLER, Appellee.
TEXT: QUINCE, Judge. This case arises from Connie M. Strickler s arrest for driving without a
lice...See State v. Kennon, 652 So.2d 396 (Fla. 2d DCA 1995). We, therefore, affirm the dismissal
of this case. PARKER, C.J., and ALTENBERND, J., concur.
1009-CITE: 638 So.2d 509 STATE of Florida, Appellant, v. Robert N. SMITH, Appellee.
TEXT: OVERTON, Justice. We have on appeal State v. Smith, 624 So.2d 355 (Fla. 2d DCA 1993), in
whi... driving under the influence, or improper handling of ultrahazardous substances such as
radioactive materials, poisons, or explosives, among others.
1010-CITE: 745 So.2d 1101 GLOBE DATA SYSTEMS d b a Globe Ticket & Label Co., Appellants, v. Richard
JOHNSON, Appellee.
TEXT: MOTION FOR REHEARING PETERSON, J. The appellee, Richard Johnson, moves for rehearing
raisin...whether the temporary injunction should be dissolved or a permanent injunction issued.
REVERSED AND REMANDED. ANTOON, C.J., and HARRIS, J. concur.
1011-CITE: 655 So.2d 1175 Charles Frederick BARR, Appellant, v. STATE of Florida, Appellee.
TEXT: WOLF, Judge. Barr appeals from a judgment and sentence after a conviction for armed robbery
...d therefore reverse appellant s departure sentence and remand for imposition of a guideline
sentence. See Shull v. Dugger, 515 So.2d 748 (Fla.1987).
1012-CITE: 451 So.2d 897 Richard Norman STANLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was convicted of trafficking in marijuana and also convicted, along
wi...ving reviewed the record and finding no reversible error, we affirm appellant s convictions.
ANSTEAD, C.J., and GLICKSTEIN and WALDEN, JJ., concur.
1013-CITE: 514 So.2d 404 STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, DIVISION OF
HIGHWAY PATROL, Appellant, v. Susan Ann KROPFF, Appellee.
TEXT: PER CURIAM. The issue in this appeal involves the proper construction of section
768.28(14),...r decision in Soldovere. Department of Transportation v. Soldovere, 500 So.2d 568
(Fla. 4th DCA 1987), rev. granted, No. 70,109 (Fla. June 9, 1987).
1014-CITE: 549 So.2d 195 Enrique VASQUEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Enrique Vasquez appeals judgments of conviction and an upward departure
sentence...t have affected the departure sentence. Albritton v. State, 476 So.2d 158 (Fla.1985).
Accordingly, the sentence under review is affirmed. Affirmed.
1015-CITE: 557 So.2d 893 Miguel MORALES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Reversed and remanded for a new trial. We agree with appellant that the trial
co...dingly, the search and the interrogation were improper, and the fruits thereof should have been
suppressed. ANSTEAD, WALDEN and POLEN, JJ., concur.
1016-CITE: 533 So.2d 956 John HOSEY, By and Through his wife and Guardian, Marcia HOSEY, and Marcia
Hosey, individually, Appellants, v. CITY OF FORT LAUDERDALE, The State of Florida Department of
Transportation and Broward County, Appellees.
TEXT: STONE, Judge. This is an appeal from a summary judgment in favor of the defendant-city. The
..., 452 So.2d 1109 (Fla. 2d DCA 1984); Windham v. Florida Dept. of Transp., 476 So.2d 735 (Fla. 1st
DCA 1985). HERSEY, C.J., and ANSTEAD, J., concur.
1017-CITE: 755 So.2d 150 Floyd A. PERSAUD, Appellant, v. STATE of Florida, Appellee.
TEXT: GROSS, J. Floyd Persaud appeals his convictions of two counts of manslaughter by culpable
ne...pellant s motion for clarification noting that Persaud s appellate counsel was not counsel for
him at trial. WARNER, C.J., and SHAHOOD, J., concur.
1018-CITE: 519 So.2d 1005 ALTERMAN TRANSPORT LINES, INC., Appellant, v. DEPARTMENT OF TRANSPORTATION,
Appellee.
TEXT: ERVIN, Judge. The appellant, Alterman Transport Lines, Inc. (Alterman), seeks review of the
...k of highways that can safely and efficiently accommodate the large vehicles authorized by the
STAA [Surface Transportation Assistance Act of 1982].
1019-CITE: 681 So.2d 898 Mary McCLOUD, Appellant, v. Barbara E. SWANSON and Mark Robert Swanson,
Appellees.
TEXT: STEVENSON, Judge. The issue in this case is whether the appellant plaintiff overcame the
pre...in taking this decision away from the jury. REVERSED AND REMANDED FOR A NEW TRIAL. GUNTHER,
C.J., and BAKER, MOSES, Jr., Associate Judges, concur.
1020-CITE: 589 So.2d 355 Calvin Earl BURKS, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Florida Highway Patrol Trooper C. W. Heaton was dispatched to the scene of a
...ments, the supreme court did, in fact recognize the distinction between confessions and
admissions and held that they should be treated differently.
1021-CITE: 505 So.2d 575 STATE of Florida, Appellant, v. Raymond MOONIE and Roseanne Ballard, Appellees.
TEXT: DOWNEY, Judge. The State of Florida appeals from an order suppressing evidence because it
wa...der color of his office. Accordingly, upon authority of Phoenix the order of suppression
appealed from is reversed. LETTS and WALDEN, JJ., concur.
1022-CITE: 653 So.2d 447 Matthew FIERRO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is a direct appeal of convictions and sentences for (Count I) concealing
or... of Foster for assault failed the Blockburger test and was barred by the double jeopardy
clause, although four additional charges survived the test.
1023-CITE: 584 So.2d 1086 Reginald D. BRISTOL, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Reginald Bristol appeals his judgment and sentence for trafficking in
cocaine...o the trial court to enter an order granting the motion to suppress the evidence.
Reversed and remanded. LEHAN, A.C.J., and PATTERSON, J., concur.
1024-CITE: 752 So.2d 30 Charles Chuck Seth SCOTT and Linda Scott, individually and as parents and natural
guardians of Leilania Scott, Linsey Scott, and Seth Scott, Appellants, v. FLORIDA DEPARTMENT OF
TRANSPORTATION, Appellee.
TEXT: VAN NORTWICK, J. Charles and Linda Scott challenge a final judgment dismissing with
prejudic...r complaint. *35 Accordingly, we affirm the order dismissing the second amended complaint
with prejudice. AFFIRMED. BOOTH AND JOANOS, JJ., CONCUR.
1025-CITE: 562 So.2d 705 The STATE of Florida, Appellant, v. Pedro GONZALEZ, Appellee.
TEXT: COPE, Judge. The State appeals an order granting a motion to suppress evidence obtained
from... A. Right. 2. The officer testified: Q. At that time did you place him under arrest? A.
No. Q. Were you going to place him under arrest? A. No.
1026-CITE: 744 So.2d 1167 Terry J. GOSS, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Acting Chief Judge. Terry J. Goss appeals his convictions for possession of cocaine
an...remanded with directions. FULMER and DAVIS, JJ., Concur. ------------ (FN2) Miranda v.
Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
1027-CITE: 662 So.2d 1364 The STATE of Florida, Appellant, v. Antonio BENTON, Appellee.
TEXT: PER CURIAM. The state appeals an order granting defendant a new trial on the charge of
resis...whether she waived the issue by failing to making such request. After the discussion,
defense counsel stated that she was not moving for a mistrial.
1028-CITE: 463 So.2d 546 James D. McCARTER, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. McCarter appeals from his conviction, entered pursuant to a
p... a firearm which is located in a briefcase on the front seat of the vehicle, so as to constitute
a violation of section 790.01(2), Florida Statutes.
1029-CITE: 665 So.2d 315 Anthony Jerome BODIFORD, Apppellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse appellant s conviction for trafficking in cocaine, because the trial
...e with the construction the majority places on the above-quoted language. I would afirm Bodiford
s judgment and sentence for trafficking in cocaine.
1030-CITE: 744 So.2d 1088 Aristarco BENITEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: DELL, J. Aristarco Benitez appeals the revocation of his community control and the sentence
...as not at his residence, as required by his schedule. Appellant s brother informed the officer
that appellant was not home because he had just left.
1031-CITE: 491 So.2d 1196 SEABOARD COAST LINE RAILROAD COMPANY, Appellant, v. Jeffrey CLARK, as Personal
Representative of the Estate of Yrmina Larrinaga Clark, surviving spouse of the deceased, Alberto
Larrinaga, surviving parent of the deceased, and the Estate of Yrmina Larrinaga Clark, deceased,
Appellees.
TEXT: PER CURIAM. Seaboard Coast Line Railroad Company (hereinafter Seaboard ) appeals from an
ord...o.2d 447 (Fla.1972). AFFIRMED. GLICKSTEIN, J., and BOARDMAN, EDWARD F., Associate Judge
(Retired), concur. LETTS, J., concurs in conclusion only.
1032-CITE: 734 So.2d 1174 Charlene M. BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Acting Chief Judge. Charlene Brown appeals from her judgment and sentence for
pos...llegal and the evidence should have been suppressed. Accordingly, we reverse Brown s judgment
and sentence. Reversed. BLUE and GREEN, JJ., Concur.
1033-CITE: 573 So.2d 202 David L. SCALF, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. In this case appellant, David L. Scalf, raises a double jeopardy challenge to
... any such intent would no doubt be forced to give way to the interpretation placed on the double
jeopardy clause by the United States Supreme Court.
1034-CITE: 711 So.2d 1307 Charles F. POWELL and Norma R. Powell, Appellants, v. The CITY OF DELRAY BEACH,
Appellee.
TEXT: PER CURIAM. Charles and Norma Powell ( Appellants ) appeal from an adverse final summary
jud...ummary judgment and remand for further proceedings consistent with this opinion. REVERSED AND
REMANDED. GLICKSTEIN, DELL and GUNTHER, JJ., concur.
1035-CITE: 607 So.2d 396 In re FLORIDA RULES OF FAMILY COURT PROCEDURE.
TEXT: OVERTON, Justice. This cause is before us on the petition of the Family Law Section of The
F...avoid conflicts with the Rules of Juvenile Procedure. It is so ordered. BARKETT, C.J., and
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
1036-CITE: 540 So.2d 211 Michael C. LONDON, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. London appeals the judgment and sentences for seven counts of armed robbery
a... the trial court to vacate London s judgment and sentences. Reversed and remanded with
directions. SCHOONOVER, A.C.J., and ALTENBERND, J., concur.
1037-CITE: 434 So.2d 316 John Frederick HARRISON, et al., Petitioners, v. ESCAMBIA COUNTY SCHOOL BOARD,
Respondent.
TEXT: McDONALD, Justice. The First District Court of Appeal has certified its opinion in Harrison
...SHAW, JJ., concur. ADKINS and EHRLICH, JJ., dissent. ------------ (FN7) Compare the portions of
Collom s complaint set out at 419 So.2d at 1084-85.
1038-CITE: 609 So.2d 1302 FLORIDA BOARD OF BAR EXAMINERS re R.B.R.
TEXT: PER CURIAM. R.B.R. petitions this Court for review of the recommendation of the Florida
Boar...s petition for admission to The Florida Bar. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
1039-CITE: 508 So.2d 1299 Clara MASTERS, as Personal Representative of the Estate of Ralph A. Masters,
and Clara Masters, individually, and Charlene Durick, as Personal Representative of the Estate of
Henry J. Durick and Charlene Durick, individually, Appellants, v. Grosvenor S. WRIGHT and Shelly
Lynn Wright, his wife, Florida Department of Transportation, et al., Appellees.
TEXT: PER CURIAM. This appeal arises out of entry of summary final judgment in favor of appellee.
... obvious hazard, City of St. Petersburg vs. Collom, 419 So.2nd 1081 [1082] (Fla., 1982). We
affirm. ANSTEAD, GLICKSTEIN and GUNTHER, JJ., concur.
1040-CITE: 692 So.2d 305 STATE of Florida, Appellant Cross-Appellee, v. Richard EVANS, Appellee
Cross-Appellant.
TEXT: WARNER, Judge. We affirm the trial court s order granting suppression of appellee s
statemen...e motion to suppress appellee s statements to Detective Babcock. Affirmed in part;
reversed in part and remanded. DELL and STEVENSON, JJ., concur.
1041-CITE: 501 So.2d 1388 Robert GULLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: WEBSTER, PETER D., Associate Judge. Appellant, defendant below, appeals his conviction for
v...stimony regarding the results of the blood alcohol test shall be permitted. REVERSED AND
REMANDED, WITH DIRECTIONS. LETTS and WALDEN, JJ., concur.
1042-CITE: 434 So.2d 331 Ramon MADRUGA and Israel Guzman, Appellants, v. The STATE of Florida, Appellee.
TEXT: BARKDULL, Judge. The defendants pled nolo contendre and were convicted of conspiracy to
sell...o.2d 1102 (Fla. 5th DCA 1981). Therefore for the reasons above stated, the convictions,
adjudications and sentences here under review are affirmed.
1043-CITE: 549 So.2d 236 Cervantiz A. SHELTON, Appellant, v. The STATE of Florida, Appellee.
TEXT: On Motion for Rehearing NESBITT, Judge. We deny appellee s motion for rehearing and
substit...viewed in the totality of the circumstances, constituted the consent necessary to search a
small zippered bag found inside a large piece of luggage.
1044-CITE: 463 So.2d 561 STATE of Florida, Appellant, v. Clemon LEWIS, Appellee.
TEXT: GRIMES, Acting Chief Judge. The appellee and codefendant Bryan Prather were charged with
con...cordingly, we reverse the order of dismissal and remand with directions to reinstate count I
of the information. SCHEB and SCHOONOVER, JJ., concur.
1045-CITE: 523 So.2d 1247 Frances BOVIO and Alex Bovio, Appellants, v. The CITY OF MIAMI SPRINGS, a
municipal corporation, Appellee.
TEXT: JORGENSON, Judge. Frances and Alex Bovio appeal from a summary final judgment entered in
fav...gly, there remains an unresolved issue of fact precluding summary judgment. I would reverse
the trial court s order and remand this cause for trial.
1046-CITE: 601 So.2d 227 Carmen Nydia SALVADOR, Appellant, v. STATE of Florida, Appellee. Linda Lee
JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. For the purposes of this opinion, we consolidate these two cases, which
i...ic traffic infraction or offense. See generally Section 316.655, Fla.Stat. (1989). Reversed and
remanded. CAMPBELL, A.C.J., and LEHAN, J., concur.
1047-CITE: 630 So.2d 657 Charles James OSBY, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, Judge. Charles James Osby pleaded nolo contendere to the charges against him and
r...dily accessible for immediate use. The order denying the motion to dismiss was proper and we
affirm. AFFIRMED. GOSHORN and DIAMANTIS, JJ., concur.
1048-CITE: 561 So.2d 346 George William WILSON, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. We affirm defendant s convictions for trafficking in cocaine in excess of 400
...cur. ------------ (FN*) United States v. James, 590 F.2d 575 (5th Cir.) (en banc), cert. denied,
442 U.S. 917, 99 S.Ct. 2836, 61 L.Ed.2d 283 (1979).
1049-CITE: 651 So.2d 731 Patrick CRAWFORD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was placed on probation in 1993 for possession of cocaine. In 1994,
ap... Spera, 556 So.2d at 487; Travis, 549 So.2d at 738; Mandile v. State, 547 So.2d 1062 (Fla. 2d
DCA 1989). HERSEY, GLICKSTEIN and POLEN, JJ., concur.
1050-CITE: 624 So.2d 333 M.K. FOREMAN, Ralph Velocci and Al Casagrande, Appellants Cross-Appellees, v.
Donald W. RUSSO and Myeong Russo, his wife, et al., Appellees Cross-Appellants.
TEXT: KLEIN, Judge. Plaintiff was injured on the job and sued corporate officers of his employer,
...dum v. Carney, 625 So.2d 850 (Fla. 4th DCA 1993); Barhoush v. Louis, 452 So.2d 1075 (Fla. 4th DCA
1984). Affirmed. GUNTHER and POLEN, JJ., concur.
1051-CITE: 674 So.2d 176 Daniel L. CZAJA, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Daniel Czaja appeals from his judgment and sentence that arose from a
fata... QUINCE, J., concur. ------------ (FN1) State v. Neil, 457 So.2d 481 (Fla.1984), receded from
in part by State v. Johans, 613 So.2d 1319 (Fla.1993).
1052-CITE: 738 So.2d 352 Hubert Richard CREW, Appellant, v. STATE of Florida, Appellee.
TEXT: CASANUEVA, Judge. Hubert Richard Crew appeals the denial of his motion to suppress,
contendi....2d 1073 (Fla. 2d DCA 1989). *355 We reverse and remand with instructions to discharge
the appellant. CAMPBELL, A.C.J., and PATTERSON, J., Concur.
1053-CITE: 538 So.2d 476 Fernando BOOM, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Judge. The appellant, Fernando Boom, was tried for and convicted of trafficking in
co...ences. Berrio v. State, 518 So.2d at 981. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR
RESENTENCING. DANAHY, A.C.J., and HALL, J., concur.
1054-CITE: 731 So.2d 69 Pradip JAMNADAS, etc., et al., Appellants, v. Mohan SINGH, etc., et al.,
Appellees.
TEXT: ON MOTION FOR REHEARING CLARIFICATION COBB, J. We grant the appellees motion for rehearing
...fraud any person, shall be guilty of a felony of the third degree, punishable as provided in
Section 775.082, Section 775.083, or Section 775.084.
1055-CITE: 521 So.2d 170 Sadie BAXLEY, as Personal Representative of the Estate of Lloyd Donald Baxley,
Appellant, v. DIXIE LAND & TIMBER CO., a foreign corporation, and Ellis Hatcher, a Florida resident,
Appellees.
TEXT: ZEHMER, Judge. Sadie Baxley appeals a final summary judgment in favor of Dixie Land &
Timber...g operation. Thus we do not now decide whether this issue should ultimately be submitted to
a jury for determination under appropriate instructions.
1056-CITE: 596 So.2d 1221 Bobby Joe JONES, Appellant Cross-Appellee, v. STATE of Florida, Appellee
Cross-Appellant.
TEXT: PETERSON, Judge. Bobby Joe Jones appeals his conviction following a jury trial on the
charge...ss and the stop of the vehicle. We reverse the judgment and remand the cause for a new
trial. REVERSED; REMANDED. DAUKSCH and HARRIS, JJ., concur.
1057-CITE: 508 So.2d 506 Linford FLETCHER, Appellant, v. STATE of Florida, Appellee.
TEXT: LETTS, Judge. The jury verdict found the defendant guilty of trafficking in cannabis and
con...he panel s attention by someone. Moreover, Knowlton was not a fraud case, but a robbery case.
Finally, I would not certify the question, as framed.
1058-CITE: 455 So.2d 607 Dianne Janney LAYMAN, Petitioner, v. STATE of Florida, Respondent.
TEXT: COWART, Judge. By petition for certiorari we are asked to review the appellate decision of
t...d before the amendment made by chapter 82-155, Laws of Florida, or the right to a jury trial
involved in Whirley v. State, 450 So.2d 836 (Fla.1984).
1059-CITE: 492 So.2d 404 George LAWTON, Appellant, v. STATE of Florida, Appellee. Christopher P.
MONTGOMERY, Appellant, v. STATE of Florida, Appellee.
TEXT: WILLIS, BEN C. (Ret.), Associate Judge. Lawton and Montgomery both appeal from final orders
...te, 444 So.2d 947 (Fla.1984), apply to the imposition of costs under Section 27.3455, Florida
Statutes (1985). WENTWORTH and NIMMONS, JJ., concur.
1060-CITE: 752 So.2d 592 Sybil EPPLER, Petitioner, v. TARMAC AMERICA, INC., Respondent.
TEXT: SHAW, J. We have for review Eppler v. Tarmac Americc Inc., 695 So.2d 775 (Fla. 1st DCA
1997)...cted verdict on liability should be given only when the sole issue to be determined by the
jury is the matter of damages ). (FN12) See supra note 8.
1061-CITE: 603 So.2d 36 Marco Antonio NORDELO, Appellant, v. The STATE of Florida, Appellee.
TEXT: GERSTEN, Judge. Appellant, Marco Antonio Nordelo (Nordelo), appeals his convictions on two
c...saction and we therefore reverse one count of armed robbery. Affirmed in part, reversed in
part, and remanded to vacate one count of armed robbery.
1062-CITE: 580 So.2d 287 Richard M. PICKOVER, Appellant, v. STATE of Florida, Appellee.
TEXT: DELL, Judge. Richard M. Pickover appeals his convictions and sentences for trafficking in
co...o the trial court with instructions to enter a judgment of acquittal in favor of appellant.
REVERSED and REMANDED. ANSTEAD and STONE, JJ., concur.
1063-CITE: 530 So.2d 274 THE FLORIDA BAR. In re RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS.
TEXT: PER CURIAM. The Traffic Court Rules Committee of The Florida Bar (rules committee) has
petit...ded (which could be years later) should not be allowed to elect a hearing in those cases
where the state has been prejudiced by the passage of time.
1064-CITE: 737 So.2d 1160 Evan Harrison GUILFORD, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant raised four issues on appeal from the summary denial of his motion
for... Raulerson v. State, 699 So.2d 339 (Fla. 5th DCA 1997), review granted, 709 So.2d 537
(Fla.1998). This court is, of course, bound to follow Gloster.
1065-CITE: 651 So.2d 92 In re CERTIFICATION OF NEED FOR ADDITIONAL JUDGES.
TEXT: GRIMES, Chief Justice. Under the provisions of article V, section 9, of the Florida
Constitu..., in order that the new judges are available as soon as possible. It is so ordered.
OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
1066-CITE: 611 So.2d 1339 BROWARD COUNTY, Appellant, v. Kathryn C. CENTO, and Pat Cento, her husband,
Appellees.
TEXT: HOY, JOHN J., Associate Judge. Kathryn Cento sued Broward County to recover damages for
inju... judge did not err in denying the motion in limine. The judgment below is therefore affirmed.
AFFIRMED. GLICKSTEIN, C.J., and ANSTEAD, J., concur.
1067-CITE: 681 So.2d 1187 STATE of Florida, Appellant Cross-Appellee, v. Manuel DUARTE, Appellee
Cross-Appellant.
TEXT: RYDER, Acting Chief Judge. The state seeks review of an order arresting judgment as to the
f...ial. See King v. State, 623 So.2d 486 (Fla.1993). Reversed in part, affirmed in part and
remanded for resentencing. LAZZARA and BLUE, JJ., concur.
1068-CITE: 656 So.2d 1264 Joseph J. RUBANO, et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION,
Respondent.
TEXT: ANSTEAD, Justice. We have for review State Department of Transportation v. Rubano, 636
So.2d...r because of long but temporary disruptions of the use of their property because of road
construction such as occurred here. GRIMES, C.J., concurs.
1069-CITE: 667 So.2d 458 Helen CYGLER, as Executrix of the Estate of Robert P. Usa, Sr., Deceased, and
Helen Cygler, as Executrix of the Estate of Stacy T. Usa, Deceased, Appellants, v. John J. PRESJACK,
Individually, and as Surviving Spouse and Personal Representative of the Estate of Illa Kimberly
Presjack, Deceased, John Edward Presjack, Individually, and as Surviving Minor Child, John Edward
Presjack and Robert Taylor Presjack, By and Through Their Next Of Kin and Guardian Natural Parent,
John J. Presjack, and the Florida Department of Transportation, an Agency of the State of Florida,
Appellees.
TEXT: SCHAPIRO, SHELDON M., Associate Judge. Defendant, Helen Cygler, as executrix of the estates
...e affirmative defense at this time. See Lincks v. JMAR Int l, Inc., 655 So.2d 191 (Fla. 4th DCA
1995). AFFIRMED. POLEN and STEVENSON, JJ., concur.
1070-CITE: 629 So.2d 973 Lyndon Deal HODGE, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Chief Judge. Lyndon Deal Hodge was stopped for speeding. (FN1) After a traffic
warni...ce in the record to sustain the court s finding that the stop was legal and the search,
except as discussed in this opinion, was properly conducted.
1071-CITE: 609 So.2d 61 Linda D. BOWERS and Craig Bowers, Appellants, v. James B. CAIN as Trustee, d b a
the Pines of Vero Beach, Florida, Appellee.
TEXT: PER CURIAM. This appeal is from a summary judgment for the appellee in a slip and fall
injur...ication of a problem, I cannot hold appellees on notice of a danger. Cf. First Federal Sav.
& Loan Ass n of Miami v. Wylie, 46 So.2d 396 (Fla.1950).
1072-CITE: 543 So.2d 824 CITY OF NEW SMYRNA BEACH, Appellant Cross-Appellee, v. BOARD OF TRUSTEES OF the
INTERNAL IMPROVEMENT TRUST FUND, State of Florida, Appellee Cross-Appellant.
TEXT: DANIEL, Judge. This is an appeal by the City of New Smyrna Beach (City) and a cross appeal
b...d solely on the beach itself, it would have simply said so. AFFIRMED in part; REVERSED in part
and REMANDED. SHARP, C.J., and DAUKSCH, J., concur.
1073-CITE: 579 So.2d 353 Salvador F. MUSTELIER, Petitioner, v. Richard L. DUGGER, Secretary, Florida
Department of Corrections, Respondent.
TEXT: PER CURIAM. Salvador F. Mustelier petitions for a writ of habeas corpus for ineffective
assi...Scurry, we would conclude that no additional instruction on second degree murder was
required, given the instruction on second degree felony murder.
1074-CITE: 627 So.2d 1272 F.T. BLOUNT FUNERAL HOME and Cigna, Appellants, v. CITY OF TAMPA and Alexsis,
and Kenneth Godbey, Appellees.
TEXT: LAWRENCE, Judge. Appellants F.T. Blount Funeral Home and Cigna (together Blount ), and
cross...y s motion for attorney s fees against the City. Accordingly, we affirm in part and reverse
in part. ERVIN, J., and SHIVERS, Senior Judge, concur.
1075-CITE: 450 So.2d 564 1050 CORP., d b a Glenn Rent-A-Car, Appellant, v. Robert HOLMES, Jr., Appellee.
TEXT: JORGENSON, Judge. For the following reasons the order of the trial court is reversed and
thi... precludes a finding that the rental agreement is for some other reason invalid. The record is
insufficient at this time to make that determination.
1076-CITE: 755 So.2d 657 Carlos CASTRO, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, J. Appellant claims that the trial court erred in denying his motion to suppress
dru...rm the remaining issue raised by appellant, as we deem it to be harmless. Affirmed.
STEVENSON, J., and CONNER, BURTON C., Associate Judge, concur.
1077-CITE: 586 So.2d 1196 Glenn Patrick BAXTER, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. Glenn Patrick Baxter appeals his conviction for conspiracy to traffic in
...cient for submission to the jury. See LaPolla v. State, 504 So.2d 1353 (Fla. 4th DCA 1987).
Affirmed. SCHOONOVER, C.J., and PATTERSON, J., concur.
1078-CITE: 656 So.2d 441 Joseph BESARABA, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We have on appeal the judgment and sentence of the trial court imposing the
deat...itated aggravating factor exists. Accordingly, I would affirm the sentence of death imposed
by the trial judge. GRIMES, C.J. and WELLS, J., concur.
1079-CITE: 555 So.2d 403 Bruce L. SCHEINER, individually, and d b a Associates and Bruce L. Scheiner,
Appellant, v. Jere SPURLIN, Chief of Police of the City of Fort Myers, Florida, Appellee.
TEXT: CAMPBELL, Chief Judge. In this appeal, we revisit the issues we addressed in Spurlin v.
Sche...remand with instructions that the information deleted by appellee relating to names and
addresses of parties or witnesses be furnished to appellant.
1080-CITE: 607 So.2d 464 The STATE of Florida, Appellant, v. Elain OROZCO and Claudia Monegro, Appellees.
TEXT: JORGENSON, Judge. The State appeals from an order granting defendants motions to suppress.
F...ns broken, that she would be going to Dobey s Motel, and that she would be in possession of
about an ounce of cocaine inside a brown attache case.
1081-CITE: 743 So.2d 129 Nelson P. CRAMBLESS, M.D., et al., Appellants, v. The OFFICERS AND DIRECTORS OF
SNAPPER CREEK, etc., et al., Appellees.
TEXT: JORGENSON, J. Dr. and Mrs. Nelson Chambless appeal from an order of final summary judgment.
... appeal does not involve the claims against Metro-Dade County. (FN2) See Sections
163.502--163.511, Fla.Stat. (1997); Miami-Dade Co.Code Chapter 18.
1082-CITE: 733 So.2d 1128 Keith BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, J. Appellant was convicted of trafficking in a prescription drug. He raises two
issue..., 580 So.2d 868 (Fla. 3d DCA 1991), but it was inappropriate in this case. Reversed and
remanded for a new trial. TAYLOR and HAZOURI, JJ., concur.
1083-CITE: 543 So.2d 316 Chester Andrew SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant was tried and found guilty of trafficking in cocaine in excess of 400
...7). Accordingly, the trial court correctly denied the motion for post-conviction relief.
AFFIRMED. SHARP, C.J., and COBB and GOSHORN, JJ., concur.
1084-CITE: 543 So.2d 312 Cindilou BREEDING, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant appeals her conviction and sentence for vehicular homicide and
lea...afety of persons or property, the standard set out by the trial court in this instructions to
the jury. Cf. Smith v. State, 65 So.2d 303 (Fla.1953).
1085-CITE: 450 So.2d 289 Darrell Glen PRIESTLY, Sr., and Darrell Glen Priestly, Jr., Appellants, v. STATE
of Florida, Appellee.
TEXT: PER CURIAM. Darrell Priestly, Sr., and Darrell Priestly, Jr., appeal from judgments of
guilt... (2d Cir.1968). For the foregoing reasons we affirm the judgments and sentences appealed
from. AFFIRMED. DOWNEY, BERANEK and WALDEN, JJ., concur.
1086-CITE: 566 So.2d 590 Eldridge Jerome SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. The appellant challenges his convictions and sentences for burglary,
grand...t. Thus, we remand the burglary and grand theft charges for resentencing based on a
recalculated scoresheet. SCHEB, A.C.J., and PARKER, J., concur.
1087-CITE: 737 So.2d 590 Nicholas DOBSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant pled no contest to possession of cocaine, reserving the right to
appea... a drug offense had occurred until after he removed the glue tube from the appellant s
pocket, this subsequent search violated the Fourth Amendment.
1088-CITE: 487 So.2d 424 Charles Michael BRAGG, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a conviction of criminal conspiracy. The information
...g and failure of proof mandates our reversal of the conviction and order that appellant be
discharged. REVERSED. UPCHURCH and COWART, JJ., concur.
1089-CITE: 524 So.2d 1102 Lenny BROOKS a k a Darryl Johnson, Appellant, v. The STATE of Florida,
Appellee.
TEXT: PER CURIAM. These appeals are brought from two convictions and concurrent seven year
sentenc...and sentence arising out of the first police stop, affirm the conviction and sentence for
the second narcotics offense, and remand for resentencing.
1090-CITE: 550 So.2d 535 Michael W. GREEN, Appellant, v. STATE of Florida, Appellee.
TEXT: OPINION ON MANDATE W