Alcohol
Results 1-1741
1-CITE: 725 So.2d 1207 Israel TORRES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Israel Torres appeals the sentence imposed after pleading nolo contendere to
pos...a. 2d DCA 1993). Accordingly, we strike that portion of condition 18 as it relates to alcohol.
PARKER, C.J., and WHATLEY and SALCINES, JJ., Concur.
2-CITE: 749 So.2d 536 Terrance F. BOYD, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Chief Judge. Terrance Boyd appeals from certain probation conditions imposed
upon...tencing. See Boyd v. State, 688 So.2d 959 (Fla. 2d DCA 1997). Affirmed in part; condition
partially stricken. CASANUEVA and SALCINES, JJ., Concur.
3-CITE: 704 So.2d 1116 Robert MURPHY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Robert Murphy, challenges the trial court s judgments and
sentenc...dgments and sentences in all other respects. Affirmed as modified. BLUE, A.C.J.,
NORTHCUTT, J., and FICARROTTA, GASPER J., Associate Judge, concur.
4-CITE: 625 So.2d 118 Scott Allen MacINTYRE, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Chief Judge. Scott MacIntyre pled no contest to a charge of aggravated assault in
ex...ate v. State, 623 So.2d 591 (Fla. 5th DCA, 1993). REVERSED as to the alcohol related
conditions of probation. PETERSON and DIAMANTIS, JJ., concur.
5-CITE: 620 So.2d 257 Tony RICHARDSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Tony Richardson appeals condition 12 of the order of probation which forbids
... strike *258 that portion of the written order. See Pratt v. State, 601 So.2d 619 (Fla. 2d DCA
1992). CAMPBELL, A.C.J., and SCHOONOVER, J., concur.
6-CITE: 633 So.2d 1146 Noe NUNEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. Appellant, Noe Nunez, pleaded nolo contendere to one count of possession
... condition (9) requiring random testing for alcohol. The convictions and sentences are otherwise
affirmed. CAMPBELL, A.C.J., and HALL, J., concur.
7-CITE: 645 So.2d 84 Eric Allen PETERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. The appellant brings for our review the habitualized probation
h...90-5332, and 90-5422. These revocation cases are not before us in this appeal although they were
disposed of at the same time as the case before us.
8-CITE: 544 So.2d 1131 Kimberly DOWELL, Appellant, v. GRACEWOOD FRUIT COMPANY, a Florida corporation,
Appellee.
TEXT: PER CURIAM. AFFIRMED. We agree that the decision of the supreme court in Bankston v.
Brennan.... Under the law of Florida may a social host be held liable for serving alcohol to a
known alcoholic? ANSTEAD, LETTS and GLICKSTEIN, JJ., concur.
9-CITE: 667 So.2d 1009 Susan L. GERSTENBERGER, Appellant, v. STATE of Florida, Appellee.
TEXT: QUINCE, Judge. Susan L. Gerstenberger challenges the trial court s denial of her motion to
s... of cannabis and possession of methamphetamine. Richardson v. State, 620 So.2d 257 (Fla. 2d DCA
1993). CAMPBELL, A.C.J., and PATTERSON, J., concur.
10-CITE: 654 So.2d 638 DOMINO S PIZZA and Alexsis, Inc., Appellants, v. Richard E. GIBSON, Appellee.
TEXT: BARFIELD, Judge. The employer and carrier appeal the decision of the judge of compensation
c...e expert testimony converting blood alcohol content from a percentage of blood serum to a
percentage of whole blood? ALLEN and WOLF, JJ., concur.
11-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).
12-CITE: 744 So.2d 1034 Joseph A. WEBSTER, Appellant, v. STATE of Florida, Appellee.
TEXT: KAHN, J. In this appeal, Joseph A. Webster once again asserts that the trial court erred in
...l advice concerning whether his consumption of alcohol alone was sufficient to convict him of
manslaughter. WEBSTER, and VAN NORTWICK, JJ., CONCUR.
13-CITE: 593 So.2d 289 Fernando ALVAREZ, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. We affirm defendant s convictions for possession of cannabis over 20 grams
and...avoid were not defined specifically. 554 So.2d at 617. Affirmed in part, reversed in part,
and remanded. SCHOONOVER, C.J., and DANAHY, J., concur.
14-CITE: 466 So.2d 1067 STATE of Florida, Petitioner, v. James A. ADAMS, Respondent.
TEXT: McDONALD, Justice. We have for review Adams v. State, 448 So.2d 1201 (Fla. 3d DCA 1984),
whi... for further proceedings consistent with this opinion. It is so ordered. BOYD, C.J., and
ADKINS, OVERTON, ALDERMAN, EHRLICH and SHAW, JJ., concur.
15-CITE: 462 So.2d 28 Louis ELLIS and Vivian Ellis, Appellants, v. Paul HAM and Progressive American
Insurance Company, Appellees.
TEXT: PER CURIAM. We reverse upon a finding that although the evidence regarding the alcohol
intak...ir prejudice substantially outweighed the probative value of the evidence. Section 90.403,
Fla.Stat. (1981). Reversed and remanded for a new trial.
16-CITE: 492 So.2d 1163 Richard Livingston WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. This is an appeal from the conviction and sentencing of appellant Richard
Li...g of probable cause. We reverse, vacate appellant s sentence, and remand for a new trial.
REVERSED and REMANDED. ZEHMER and BARFIELD, JJ., concur.
17-CITE: 584 So.2d 157 John RICHARDS, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Judge. We reverse the appellant s habitual offender sentences and remand for
resenten...use, and we do not strike condition 11 as it so relates. *158 Reversed and remanded for
resentencing. SCHOONOVER, C.J., and PATTERSON, J., concur.
18-CITE: 691 So.2d 589 Luis H. DIAZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Acting Chief Judge. Luis Diaz challenges his sentences for armed burglary, armed
...d 111 (Fla. 2d DCA 1995). We affirm Diaz s sentences in all other respects. Affirmed in part,
reversed in part. QUINCE and NORTHCUTT, JJ., concur.
19-CITE: 632 So.2d 1105 STATE of Florida, Appellant, v. Rochelle CESARETTI, Appellee.
TEXT: PER CURIAM. This is an appeal from a final order granting a motion to suppress the results
o...njury. See Carbone v. State, 564 So.2d 1253 (Fla. 4th DCA 1990); Jackson. REVERSED AND
REMANDED. DELL, C.J., and POLEN and STEVENSON, JJ., concur.
20-CITE: 618 So.2d 734 Benjamin BILLER, Petitioner, v. STATE of Florida, Respondent.
TEXT: GRIMES, Justice. We review Biller v. State, 604 So.2d 16 (Fla. 4th DCA 1992), because of
its...ward supervision and rehabilitation. The requirements of Rodriguez v. State, 378 So.2d 7 (Fla.
2d DCA 1979), are not applicable to these conditions.
21-CITE: 594 So.2d 351 Tina STONEBRAKER, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Judge. We affirm Stonebraker s convictions and sentence, including the imposition of
...d. Daniels v. State, 583 So.2d 423 (Fla. 2d DCA 1991). Affirmed in part, reversed in part, and
remanded. LEHAN, A.C.J., and PATTERSON, J., concur.
22-CITE: 453 So.2d 496 STATE of Florida, Appellant, v. Mark Alan PLAWCHAN, Appellee.
TEXT: JOANOS, Judge. State of Florida petitions for writ of certiorari to review circuit court s
d... certiorari is granted, the decision of the circuit court is quashed and the order of the trial
court is reinstated. SMITH and ZEHMER, JJ., concur.
23-CITE: 493 So.2d 71 Terry Ray THOMPSON, Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. Terry Ray Thompson appeals the trial court s upward departure from the
sent...ependent reason for departure. *72 The sentence is REVERSED and REMANDED to the trial court
for resentencing. THOMPSON and WIGGINTON, JJ., concur.
24-CITE: 455 So.2d 655 STATE of Florida, Petitioner, v. Gregory P. FORRER, Respondent.
TEXT: ON PETITION FOR WRIT OF CERTIORARI FRANK D. UPCHURCH, Jr., Judge. The State of Florida
seek...e used at trial. We therefore GRANT the petition for writ of certiorari and QUASH the order
of the circuit court. DAUKSCH and COWART, JJ., concur.
25-CITE: 549 So.2d 208 Thomas Jerome QUINN, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Thomas Jerome Quinn was convicted of DUI manslaughter arising from a
vehic...he backbone of Quinn s defense, we cannot find the error harmless. Reversed and remanded
for new trial. RYDER, A.C.J., and SCHOONOVER, J., concur.
26-CITE: 488 So.2d 635 Michael DONOVAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. By appeal from judgments of conviction for operating a motorboat under the
influ...es raised in light of the record and find no reversible error. Accordingly, the judgments
are affirmed. DOWNEY, ANSTEAD, and GUNTHER, JJ., concur.
27-CITE: 708 So.2d 1038 Robert LESPERANCE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. A review of the record shows that the evidence adduced at the hearing was
suffic... v. State, 618 So.2d 734 (Fla.1993). Therefore, we affirm the conviction of indirect
criminal contempt, but strike the above referenced conditions.
28-CITE: 688 So.2d 959 Gerald BOYD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Gerald Boyd, challenges his judgment and sentences for armed
poss...la. 2d DCA 1994). We affirm the sentences in all other respects. Affirmed as modified.
PATTERSON, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.
29-CITE: 676 So.2d 67 J & J BAKER ENTERPRISES and Alexsis, Inc., Appellants, v. Brian GAYLORD,
Appellee.
TEXT: PER CURIAM. In this workers compensation case, the employer carrier (e c) challenge an
order...ly, the award of benefits is REVERSED and the case is REMANDED for proceedings consistent
with this opinion. MINER, KAHN and LAWRENCE, JJ., concur.
30-CITE: 739 So.2d 1200 David Michael CUNNINGHAM, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, J. David Michael Cunningham appeals his conviction for felony DUI. Section
316.193...t made this issue has not been preserved for appeal. See Bertolotti v. Dugger, 514 So.2d
1095 (Fla.1987). AFFIRMED. COBB and GRIFFIN, JJ., concur.
31-CITE: 649 So.2d 272 Dave SAMUELS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this direct criminal appeal, appellant raises two issues: whether it was
erro...tion. JUDGMENT AFFIRMED IN PART; COSTS VACATED; and REMANDED. COBB, W. SHARP, and GRIFFIN,
JJ., concur. ------------ (FN1) Fla.R.Crim.P. 3.986(c).
32-CITE: 582 So.2d 52 MILMIR CONSTRUCTION and Aetna Life & Casualty Co., Appellants, v. Frederick
SMITH, Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from an order recalculating claimant s
avera...esults of self-inflicted injury or disease. A secondary reason is that workers compensation
coverage does not constitute general health insurance.
33-CITE: 510 So.2d 995 Clara CARR, Appellant, v. FLORIDA PAROLE AND PROBATION COMMISSION, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of an administrative order entered in a section
120...rary and capricious or an invalid exercise of delegated legislative authority. The order
appealed is affirmed. SMITH, C.J., and BOOTH, J., concur.
34-CITE: 694 So.2d 873 David Lamar FENNELL, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant challenges his judgment and sentence for accessory
a...70 (Fla. 2d DCA 1995); Bourque v. State, 595 So.2d 222 (Fla. 2d DCA 1992); Bull v. State, 548
So.2d 1103 (Fla.1989). FRANK and PARKER, JJ., concur.
35-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.
36-CITE: 731 So.2d 1 Stephen J. PENTY, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, J. Stephen Penty challenges certain probation conditions and costs imposed upon
h... in his plea agreement. Affirmed in part and remanded; certain probation conditions stricken or
modified. CAMPBELL, A.C.J., and FRANK, J., concur.
37-CITE: 604 So.2d 843 Jeffrey L. MERCER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm defendant s judgment which adjudicated him guilty of accessory after
t...e imposition of such fees with proper notice and opportunity to be heard. Affirmed as modified.
LEHAN, C.J., and RYDER and PATTERSON, JJ., concur.
38-CITE: 536 So.2d 344 John W. BARFIELD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant appeals the summary denial of his motion for postconviction
relief...otion for postconviction relief is meritless, the trial court s denial of that motion is
AFFIRMED. SMITH, C.J., and JOANOS and ZEHMER, JJ., concur.
39-CITE: 503 So.2d 453 Jack HUDSON, Appellant, v. WEKIVA GOLF CLUB and Atlas General Agency, Appellees.
TEXT: PER CURIAM. The order of the deputy commissioner denying that the claimant sustained a
compe...oved by the Department of Health and Rehabilitative Services. See Fla.Admin.Code Rule
10D-42.21. AFFIRMED. ERVIN, SHIVERS and ZEHMER, JJ., concur.
40-CITE: 439 So.2d 1004 Herbert C. BURNS, III, Appellant, v. THREE OF A KIND, INC., a Florida
Corporation, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a summary judgment in a personal injury case. The
jud...la. 4th DCA 1982); Burson v. Gate Petroleum Co., 401 So.2d 922 (Fla. 5th DCA 1981). REVERSED
and REMANDED. ORFINGER, C.J., and COWART, J., concur.
41-CITE: 563 So.2d 213 Richie Lee TYNDAL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. A jury found Tyndal guilty of being in actual physical control of a vehicle
whil...that the jury verdict was contrary to the weight of the evidence. Accordingly, the conviction
is AFFIRMED. ERVIN, WENTWORTH and MINER, JJ., concur.
42-CITE: 677 So.2d 395 Cedric Lorenzo BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. We affirm Cedric Brown s conviction for possession of cocaine, but strike
...mpose the prosecution costs on remand. Id. Affirmed in part, conditions and costs modified, and
remanded. THREADGILL, C.J., and PARKER J., concur.
43-CITE: 602 So.2d 975 Frank ROSTER, Appellant, v. Donald Leslie MOULTON, Jr., et al., Appellees.
TEXT: POLEN, Judge. Frank Roster appeals from a final summary judgment entered in favor of
appelle...asonable server of alcohol on notice that Moulton was habitually addicted to alcohol. Nick
s Bar submitted no affidavits to oppose these viewpoints.
44-CITE: 622 So.2d 620 James BRYANT, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Judge. Appellant s conviction for grand theft and his sentence as a habitual
offend...Sections 948.01(13), 948.03(1)(j), Fla.Stat. (1991). CONVICTION AFFIRMED; SENTENCE VACATED
WITH INSTRUCTIONS. DIAMANTIS and THOMPSON, JJ., concur.
45-CITE: 682 So.2d 1175 Sheldon T. LUTZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct.
13...for the same reason. See Luby v. State, 648 So.2d 308 (Fla. 2d DCA 1995). Affirmed as
modified. DANAHY, A.C.J., and BLUE and LAZZARA, JJ., concur.
46-CITE: 661 So.2d 909 Troy Lee HOSIE, Appellant, v. STATE of Florida, Appellee.
TEXT: QUINCE, Judge. Appellant, Troy Lee Hosie, challenges the restitution order entered after
his...ncerning intoxicants and alcohol as described above and to strike the two erroneous
assessments of costs. CAMPBELL, A.C.J., and PARKER, J., concur.
47-CITE: 453 So.2d 912 C.A. MEYER PAVING & CONSTRUCTION and Travelers Insurance Company, Appellants, v.
Billy Lee McFALLS (Deceased) by Surviving Widow, Delores McFALLS, Appellee.
TEXT: JOANOS, Judge. C.A. Meyer Paving and Construction (Meyer) and The Travelers Insurance
Compan...d be required to reach a .196% blood alcohol content. Accordingly, the deputy commissioner
s order is REVERSED. SHIVERS and THOMPSON, JJ., concur.
48-CITE: 739 So.2d 1181 Major BARNES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Major Barnes appeals the order revoking his probation on grounds that the only
e...he order revoking Mr. Barnes s probation and remand for further proceedings consistent with this
opinion. ALLEN, LAWRENCE, and BENTON, JJ., CONCUR.
49-CITE: 750 So.2d 667 Adam Frank SEARLES, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Acting Chief Judge. Adam Frank Searles appeals his convictions and sentences for
three...D PRESUMPTIONS OF IMPAIRMENT? See Miles, 732 So.2d at 353. Reversed and remanded for new
trial; question certified. FULMER and DAVIS, JJ., Concur.
50-CITE: 653 So.2d 404 Henry Aaron HANN, Appellant, v. STATE of Florida, Appellee.
TEXT: QUINCE, Judge. Appellant, Henry Aaron Hann, appeals the judgment and sentence entered after
...to strike the probation conditions concerning using intoxicants to excess and random alcohol
testing. CAMPBELL, A.C.J., and THREADGILL, J., concur.
51-CITE: 513 So.2d 1367 Michael Denard SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Michael Denard Smith appeals the sentence for his conviction of possession
of... s conviction for issuing worthless checks. Accordingly, appellant s conviction and sentence
are affirmed. SMITH, C.J., and WENTWORTH, J., concur.
52-CITE: 742 So.2d 813 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Michelle A. ANTHOL, Respondent.
TEXT: PER CURIAM. The State of Florida, Department of Highway Safety, seeks certiorari review of
a... hearing officer s determination upholding the suspension of Anthol s driving privileges.
THREADGILL, A.C.J., and FULMER and STRINGER, JJ., Concur.
53-CITE: 639 So.2d 1125 Shirley WILKINSON, Appellant, v. FOOD SERVICE MANAGEMENT SYSTEMS OF FLORIDA,
INC., a Florida Corporation, and KEYS PRODUCTIONS, INC., a Florida Corporation, Appellees.
TEXT: PER CURIAM. We affirm the final summary judgment entered in favor of the defendant, Keys
Pro...s Productions. See Holl v. Talcott, 191 So.2d 40 (Fla.1966); Johnson v. Gulf Life Ins. Co.,
429 So.2d 744 (Fla. 3d DCA 1983); Fla.R.Civ.P. 1.510(c).
54-CITE: 582 So.2d 762 Larry Doyle REGISTER, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. Appellant, Larry Doyle Register, was convicted of DUI manslaughter under
Secti...--- (FN1) See Section 316.193(1), Fla.Stat. (1989). (FN2) Wilhelm was convicted of DWI
manslaughter under Section 316.1931, Florida Statutes (1985).
55-CITE: 751 So.2d 136 STATE of Florida, Appellant, v. Earl SANDT, Appellee.
TEXT: STRINGER, Judge. The State challenges an order granting, in part, Robert Sandt s motion in
l...SUMPTIONS OF IMPAIRMENT? Petition for Certiorari granted in part, denied in part; question
certified, PATTERSON, C.J., and ALTENBERND, J., Concur.
56-CITE: 659 So.2d 479 Mark Richard MARTIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Mark Richard Martin appeals the sentences which the trial court imposed in
th...dice for the state to seek reimposition of the fine and costs. We affirm the sentences in all
other respects. DANAHY, A.C.J., and BLUE, J., concur.
57-CITE: 598 So.2d 309 Ronnie Neil POPE, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Judge. Ronnie Neil Pope challenges the judgment and sentences imposed upon him for
bu...hich he has an opportunity to object to the amount of the fee. Bull v. State, 548 So.2d 1103
(Fla.1989). LEHAN, A.C.J., and ALTENBERND, J., concur.
58-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.
59-CITE: 675 So.2d 995 Anthony James HOLMES, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. A jury found Anthony Holmes guilty of possession of cocaine. He
c...he conviction and remand to the trial court to modify the written order of probation in
accordance with this opinion. BLUE and FULMER, JJ., concur.
60-CITE: 490 So.2d 937 THE FLORIDA BAR IN RE: AMENDMENT TO THE INTEGRATION RULE (CONFIDENTIALITY).
TEXT: PER CURIAM. Twenty-five members of the Florida Bar have petitioned this Court for an
amendme... advice, counsel, and treatment, or the fact of its being sought or offered, will or
might cause embarrassment in any future disciplinary matter.
61-CITE: 518 So.2d 964 Eladio MORALES, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. That part of the Order of Revocation of Probation which finds that the
appellant...olterhaus v. State, 417 So.2d 291; see Barber v. State, 344 So.2d 913 (Fla. 3d DCA
1977). In all other respects the order under review is Affirmed.
62-CITE: 653 So.2d 1068 Dolphis A. HAMILTON, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Acting Chief Judge. The appellant s counsel has filed a brief in this appeal
pur... to the trial court to modify the written order of probation in accordance with this opinion.
Affirmed; remanded. PARKER and WHATLEY, JJ., concur.
63-CITE: 684 So.2d 276 Michael DOBOSH, Appellant, v. STATE of Florida, Appellee.
TEXT: ANTOON, Judge. Michael Dobosh appeals his conviction for aggravated assault with a firearm,
...EVERSED in part; and REMANDED. PETERSON, C.J., and THOMPSON, J., concur. ------------ (FN1)
Sections 784.02(1)(a) and 775.087(2), Fla.Stat. (1993).
64-CITE: 578 So.2d 30 Alton COLLINS, Appellant, v. STATE of Florida, Appellee.
TEXT: HERSEY, Chief Judge. Appellant, Alton Collins, appeals from multiple convictions and
sentenc...hose counts; in all other respects we affirm. AFFIRMED IN PART; REVERSED IN PART;
REMANDED. POLEN, J., and WALDEN, JAMES H., Senior Judge, concur.
65-CITE: 650 So.2d 630 STATE of Florida, Appellant, v. Lee Alan EDWARDS, Appellee.
TEXT: PATTERSON, Judge. The state appeals from the trial court s order which suppresses Lee
Edward...ovided and may not further disclose any information to any other person or entity, unless
expressly permitted by the written consent of the patient.
66-CITE: 658 So.2d 593 Deldesondro CALLAWAY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Deldesondro Callaway, challenges the trial court s judgments and
... above. We affirm the judgments and sentences in all other respects. Affirmed as modified.
RYDER, A.C.J., and SCHOONOVER and LAZZARA, JJ., concur.
67-CITE: 666 So.2d 185 Willie Otis KIRKLAND, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. Willie Otis Kirkland appeals the denial of his motion to suppress and the
impos...ate, 652 So.2d 902 (Fla. 2d DCA 1995). Judgment and sentence affirmed; conditions of
probation stricken. CAMPBELL, A.C.J., and QUINCE, J., concur.
68-CITE: 753 So.2d 145 The STATE of Florida, Appellant, v. Debra WEBB, Appellee.
TEXT: GREEN, J. The state appeals an order suppressing the results of a blood alcohol test
adminis...suppressed the results of the test in this case. See Dorman v. State, 492 So.2d 1160, 1162
(Fla. 1st DCA 1986); White, 492 So.2d at 1164. Affirmed.
69-CITE: 440 So.2d 35 GEORGE H. AUSTIN, INC., and Claims Center, Appellants, v. Obie GARDNER, Appellee.
TEXT: ROBERT P. SMITH, Jr., Judge. The deputy s order rejecting the employer s intoxication
defens...en: claimant reached maximum medical improvement and is permanently and totally disabled.
REVERSED and REMANDED. BOOTH and WIGGINTON, JJ., concur.
70-CITE: 709 So.2d 582 Sherman L. LOVELACE, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Acting Chief Judge. Sherman Lovelace has claimed on appeal that the trial court
impro... State, 667 So.2d 486, 486 (Fla. 2d DCA 1996) (quoting Burke v. State, 642 So.2d 677, 678
(Fla. 5th DCA 1994)). PATTERSON and WHATLEY, JJ., concur.
71-CITE: 609 So.2d 167 Malcolm BAKER, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. We have for review two issues raised by Malcolm Baker concerning
... 6, 10 and that portion of 15 relating to alcohol. We otherwise affirm the conditions of Baker s
probation. SCHOONOVER and ALTENBERND, JJ., concur.
72-CITE: 528 So.2d 1342 Mack MANIS, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Chief Judge. Appellant appeals his judgments and sentences for two counts of
secon... offense of second degree murder rather than for manslaughter by intoxication or culpable
negligence. Affirmed. SCHEB and THREADGILL, JJ., concur.
73-CITE: 577 So.2d 694 Teresa KENSON, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant challenges the denial of a motion to suppress the results of a blood
a...urt s order denying the motion to suppress. Affirmed. ------------ (FN1) Section 316.1933, was
amended by Chapter 88-5, section 4, Laws of Florida.
74-CITE: 588 So.2d 287 David John SIZENSKY, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, David Sizensky, was convicted of DUI manslaughter and reckless
d...evidence of impairment here. We, therefore, reverse and vacate appellant s conviction for DUI
manslaughter. RYDER, A.C.J., and PARKER, J., concur.
75-CITE: 728 So.2d 1181 Brenda LAMONTAGUE, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, J. Appellant, after stopping for some beers on the way home from work, was involved
...efendant s normal faculties were actually impaired. We find the instruction appropriate under
Rolle. AFFIRMED. GRIFFIN, C.J. and COBB, J., concur.
76-CITE: 690 So.2d 684 Jeffrey F. WINES, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. Jeffrey F. Wines pled guilty to burglary of a dwelling, third degree grand
... Procedure 3.720(d)(1). JUDGMENT AFFIRMED; SENTENCE AFFIRMED in part and VACATED in part; LIEN
STRICKEN; REMANDED. COBB and W. SHARP, JJ., concur.
77-CITE: 532 So.2d 1328 Maria ARENCIBIA, Appellant, v. William LENNON, Appellee.
TEXT: PER CURIAM. Appellant contests an adverse judgment entered in accordance with a jury
verdict...n Ingram v. Pettit, 340 So.2d 922 (Fla.1976). See Moore v. Morris, 475 So.2d 666
(Fla.1985); Landers v. Milton, 370 So.2d 368 (Fla.1979). AFFIRMED.
78-CITE: 627 So.2d 55 Anthony M. AHRENHOLZ, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. The appellant challenges an order which modifies his previously imposed
s...on, the court should not have enhanced the terms of the appellant s probation. See 579 So.2d at
111. Reversed. HALL, A.C.J., and BLUE, J., concur.
79-CITE: 610 So.2d 31 Alex D. GOODWIN, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, Judge. Alex Goodwin brings this appeal from his convictions for vehicular homicide
an... 602 So.2d 966 (Fla. 3d DCA 1992); State v. DiGuilio, 491 So.2d 1129, (Fla.1986). AFFIRMED and
QUESTION CERTIFIED. LETTS and GUNTHER, JJ., concur.
80-CITE: 579 So.2d 198 Richard Charles REED, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Judge. We affirm the appellant s conviction of DUI and leaving the scene of an
accide...his cause is remanded for resentencing consistent with this opinion. Affirmed in part;
reversed in part. SCHOONOVER, C.J., and DANAHY, J., concur.
81-CITE: 431 So.2d 342 T.F., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. T.F., a sixteen year old child, was adjudicated delinquent for possession of
alc...g the invalidity of the ordinance, we affirm the order of commitment predicated on count I.
GRIMES, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.
82-CITE: 693 So.2d 102 STATE of Florida, Appellant, v. Kermit G. ST. PIERRE, Appellee.
TEXT: ANTOON, Judge. This is an appeal of the trial court s order suppressing blood alcohol test
r...obertson v. State, 569 So.2d 861, 863 (Fla. 5th DCA 1990), app d, 604 So.2d 783 (Fla.1992).
REVERSED and REMANDED. COBB and THOMPSON, JJ., concur.
83-CITE: 448 So.2d 1196 James D. ZINK, Petitioner, v. STATE of Florida, Respondent.
TEXT: WIGGINTON, Judge. By petition for writ of certiorari, Zink seeks review of the circuit
court...l pedestrian and all other traffic upon the streets and highways and elsewhere throughout
the state where the public might have the right to travel.
84-CITE: 569 So.2d 1368 Douglas WILLIAMSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant Defendant Douglas Williamson (Williamson) appeals the trial court s
se...be heard. AFFIRMED IN PART, REVERSED IN PART AND REMANDED. WALDEN and GUNTHER, JJ., concur.
DELL, J., concurs in conclusion only without opinion.
85-CITE: 746 So.2d 495 STATE of Florida, Appellant, v. Dean A. TOWNSEND, Appellee.
TEXT: PER CURIAM. Dean A. Townsend was charged by information with DUI manslaughter in violation
o... blood-alcohol level in determining whether the driver was under the influence. See Fla. Std.
Jury Instr. (Crim.) 1297. For these reasons, I concur.
86-CITE: 653 So.2d 407 Christopher WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: QUINCE, Judge. Appellant, Christopher Williams, appeals the trial court s sentence of two
ye... and ALTENBERND, J., concur. ------------ (FN1) These same conditions were imposed in regard to
illegal drugs but are valid conditions of probation.
87-CITE: 686 So.2d 603 Sheldon Theodore LUTZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Sheldon Theodore Lutz, challenges his convictions of trafficking
...dition (20) discussed above, but affirm the judgments and sentences in all other respects.
THREADGILL, C.J., and RYDER and SCHOONOVER, JJ., concur.
88-CITE: 572 So.2d 1015 Michael KILLEEN, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION TO STAY MANDATE PER CURIAM. After the mandate issued in this case, the appellant
...on. We order that our original mandate affirming the appellant s conviction issue forthwith.
DANAHY, A.C.J., and HALL and THREADGILL, JJ., concur.
89-CITE: 745 So.2d 1024 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Robert G. ABBEY, Jr., Respondent.
TEXT: PER CURIAM. The State of Florida, Department of Highway Safety, seeks certiorari review of
t...nial of Abbey s application for a hardship license. Petition granted; decision quashed.
ALTENBERND, A.C.J., and WHATLEY and SALCINES, JJ., Concur.
90-CITE: 461 So.2d 1008 Thomas HENDERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. This appeal is from an order revoking appellant s probation. We reverse.
A... deem necessary to a proper determination of the charges against appellant. REVERSED and
REMANDED. FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.
91-CITE: 600 So.2d 1256 Roberta SANCHEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Judge. We have for review two sentencing issues raised by Roberta Sanchez who pled
no...nd for further proceedings consistent with this opinion. Affirmed in part, reversed in part
and remanded. SCHOONOVER, C.J., and LEHAN, J., concur.
92-CITE: 697 So.2d 1249 Randall Scott HOWARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Randall Scott Howard appeals the judgment adjudicating him guilty of three
count...So.2d 171 (Fla. 2d DCA 1991), Howard need not be present for the striking of these
conditions. PARKER, C.J., and FULMER and NORTHCUTT, JJ., concur.
93-CITE: 700 So.2d 44 STATE of Florida, Appellant, v. Hani S. BANOUB, Appellee.
TEXT: PER CURIAM. The State appeals the trial court s order suppressing the results of a
blood-alc...e test results. Reversed and remanded for further proceedings in accordance with this
opinion. FRANK, A.C.J., and LAZZARA and FULMER, JJ., concur.
94-CITE: 638 So.2d 154 B.S., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. B.S., a juvenile, appeals an adjudication of delinquency for possession
o...llant s conviction for possession of an alcoholic beverage by a person under twenty-one years of
age. Reversed. FRANK, C.J., and BLUE, J., concur.
95-CITE: 532 So.2d 78 David James SMITH, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant David James Smith from a final judgment of
co...8-59 (Fla. 3d DCA 1983). Given the above disposition, it is unnecessary to reach the second
point on appeal. Reversed and remanded for a new trial.
96-CITE: 523 So.2d 568 THE FLORIDA BAR, Complainant, v. Marvin S. DAVIS, Respondent.
TEXT: PER CURIAM. This cause is before the Court for consideration of the findings and
recommendat...2,442.39, for which sum let execution issue. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
97-CITE: 709 So.2d 1391 Baron WALKER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Baron Walker appeals from a judgment and sentence stemming from his possession
o...1 So.2d 1186 (Fla. 2d DCA 1996). *1392 The judgment and sentence are otherwise affirmed.
FRANK, A.C.J., and THREADGILL and CASANUEVA, JJ., concur.
98-CITE: 659 So.2d 447 Richard C. GODLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. Richard Godley challenges his conviction for aggravated battery
o...ely seek employment. Conviction affirmed, probation condition seven stricken, probation
condition eight modified. DANAHY and LAZZARA, JJ., concur.
99-CITE: 504 So.2d 810 Stephen SELF, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Stephen Self petitions this court for a writ of certiorari to review an
appellat...s unauthorized under section 316.193(4)(b). The petition for writ of certiorari is
denied. CAMPBELL, A.C.J., and SCHOONOVER and HALL, JJ., concur.
100-CITE: 537 So.2d 674 Johnny Lee SINGLETARY, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. Appellant contends that the trial court erred in revoking his probation
o...viction and sentence and remand with directions to reinstate appellant s probation. REVERSED
AND REMANDED. CAMPBELL, C.J., and PARKER, J., concur.
101-CITE: 518 So.2d 916 THE FLORIDA BAR, Complainant, v. Don R. ALLEN, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before the Court upon the respondent s
condition...er the terms and conditions set forth above. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
102-CITE: 545 So.2d 938 STATE of Florida, Petitioner, v. Dennis WILKISON, Respondent.
TEXT: PER CURIAM. The state seeks certiorari review of an order suppressing blood alcohol test
res...ither a petition for writ of certiorari or a notice of appeal was untimely. Petition
dismissed. DANAHY, A.C.J., and LEHAN and PARKER, JJ., concur.
103-CITE: 512 So.2d 337 The STATE of Florida, Appellant, v. Kenneth BARNES, Appellee.
TEXT: PER CURIAM. This is an appeal by the state from a pretrial order suppressing a blood
alcohol...not affect the admissibility of a test of blood withdrawn for medical purposes. Section
316.1932(1)(f)(2), Fla.Stat. (1985). Reversed and remanded.
104-CITE: 490 So.2d 1300-1306 Susan Frances HEIDRICH and Kenneth E. Harrell, Appellants, v. STATE of
Florida, ex rel. the Honorable Wetzel BLAIR, as County Judge in and for Madison County, Appellee.
TEXT: PER CURIAM. These cases are before us on consolidated appeals from two orders denying
defend...ulties were impaired, whether in a municipality or not, shall be entitled to a trial by
jury according to the Florida Rules of Criminal Procedure.
105-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.
106-CITE: 639 So.2d 76 Adam K. LAX, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Adam K. Lax appeals from judgments of conviction for two counts of DUI
manslaugh...s results to other county agencies and programs, it is not a clinical laboratory
pursuant to section 483.041(2), Florida Statutes (1991). Affirmed.
107-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.
108-CITE: 443 So.2d 360 Steven DRURY, et al., Petitioners, v. The Honorable Major B. HARDING, Circuit
Court Judge, Division B, Fourth Judicial Circuit, Duval County, Florida, Respondent.
TEXT: PER CURIAM. The defendants in this prosecution for driving while under the influence of
alco...ding of no departure from the essential requirements of law, the order to show cause is
discharged. BOOTH, LARRY G. SMITH and SHIVERS, JJ., concur.
109-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.
110-CITE: 582 So.2d 101 John BROWNING, individually; Deborah Browning, individually; and John Browning
and Deborah Browning, as parents and next friends of Shannon Browning, a minor, Appellants, v.
Richard B. LEWIS, M.D., and Richard B. Lewis, M.D., P.A., Appellees.
TEXT: LEHAN, Judge. In this medical malpractice suit for damages from injuries allegedly caused
to...nda, 506 So.2d 1061, 1067 (Fla. 2d DCA 1987). Reversed and remanded for proceedings consistent
herewith. CAMPBELL, A.C.J., and PARKER, J., concur.
111-CITE: 697 So.2d 928 Edward BROWN, Sr., Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. Based upon a plea agreement to two counts of attempted capital
s...rantless arrests but not warrantless searches. *930 Condition (18) of the order of probation as
outlined above. SCHOONOVER and FULMER, JJ., concur.
112-CITE: 477 So.2d 1030 STATE of Florida, Petitioner, v. Brian Goodman McGARRY, Respondent.
TEXT: LEHAN, Judge. The state has filed a petition for a writ of certiorari from the order of the
...county court s factual determination that valid consent existed. The order of the circuit court
is vacated. GRIMES, A.C.J., and FRANK, J., concur.
113-CITE: 656 So.2d 957 Marie F. RUSSO, Individually and as Personal Representative of the Estate of
Pasquale Russo, Deceased, Appellant, v. PLANT CITY MOOSE LODGE NO. 1668, Loyal Order of Moose, Inc.,
Appellee.
TEXT: THREADGILL, Judge. Appellant Marie Russo, individually and as personal representative of
the...ddiction when serving Haynes. Therefore, summary judgment was properly granted by the trial
court. Affirmed. FRANK, C.J., and LAZZARA, J., concur.
114-CITE: 632 So.2d 69 THE FLORIDA BAR, Complainant, v. T. Michael PRICE, Respondent.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar and the referee s report
reg...el Price, for which sum let execution issue. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
115-CITE: 686 So.2d 733 Kenneth Nekio WASHINGTON, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Kenneth Nekio Washington appeals his judgment and sentences for two counts
of... fee assessment. On remand, the trial court may again assess attorney fees after proper notice
and hearing. FRANK, A.C.J., and WHATLEY, J., concur.
116-CITE: 515 So.2d 1012 STATE of Florida, Appellant, v. Steven Edward OAKLEY, Appellee.
TEXT: PER CURIAM. The state appeals a county court order dismissing an information against
appelle.... Accordingly, we reverse and remand for trial. REVERSE and REMAND. HERSEY, C.J.,
GUNTHER, J., and RIVKIND, LEONARD, A., Associate Judge, concur.
117-CITE: 704 So.2d 1155 Robert MITCHELL, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We grant the petition for writ of certiorari. The trial court failed to
instruct...conviction and sentence, and remand to the trial court for further proceedings consistent
with this opinion. POLEN, SHAHOOD and GROSS, JJ., concur.
118-CITE: 568 So.2d 1306 NEW YORK LIFE INSURANCE CO., Appellant, v. Emerita COLL, Appellee.
TEXT: NESBITT, Judge. An insurer argues that the trial court erred in failing to apply section
316...ct that this time the statutory permissive inference of impairment will be activated in the
carrier s favor. Reversed and remanded with directions.
119-CITE: 700 So.2d 787 Dennis Lynn HUFF, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this appeal, the defendant, Dennis Lynn Huff, raises six issues. We affirm
th...ther respects. Affirmed in part, reversed in part and certain conditions of probation
stricken. BLUE, A.C.J., and FULMER and WHATLEY, JJ., concur.
120-CITE: 561 So.2d 654 FLORIDA TILE INDUSTRIES and Liberty Mutual Insurance Company, Appellants, v.
James E. DOZIER, Appellee, and State of Florida, Department of Labor and Employment Security,
Division of Workers Compensation, Statutory Respondent.
TEXT: ZEHMER, Judge. Florida Tile Industries and Liberty Mutual Insurance Company, the employer
an...rvices rendered and paid after October 1, 1989, the effective date of the amendment. Mr. C s TV
Rental v. Murray, 559 So.2d 452 (Fla. 1st DCA 1990).
121-CITE: 681 So.2d 738 Stevie Lorenzo SCOTT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Stevie Scott appeals from his judgment and sentence for trafficking in cocaine.
.... See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995) (en banc). Affirmed as modified.
SCHOONOVER, A.C.J., and PATTERSON and QUINCE, JJ., concur.
122-CITE: 674 So.2d 188 Keith B. JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The Assistant Public Defender has filed this appeal on behalf of Keith B. Jones
... the cost fine of $1245 and the section 943.25(13) cost in accordance with the law. See Evans.
PARKER, A.C.J., and QUINCE and WHATLEY, JJ., concur.
123-CITE: 621 So.2d 734 Daniel PHILLIPS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Daniel Phillips appeals from a judgment of conviction and sentence for
manslaugh...1) BY ADOPTING THE BLOOD ALCOHOL TESTING RULES CONTAINED IN FLORIDA ADMINISTRATIVE CODE
RULES 10D-42.028-10D-42.030? Affirmed; question certified.
124-CITE: 623 So.2d 591 Denson Emory GRATE, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Chief Judge. Denson Emory Grate challenges certain conditions of his probation and
t...sts is necessary. AFFIRMED in part; REVERSED in part and REMANDED for further action consistent
with this opinion. COBB and THOMPSON, JJ., concur.
125-CITE: 691 So.2d 507 Joseph Thomas WISSEL, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, Joseph Thomas Wissel, challenges his judgment and
s... instruments, is not only speculative and theoretical, but also hyper-technical. Affirmed.
PARKER, J., and HALL, VINCENT T., Senior Judge, concur.
126-CITE: 458 So.2d 863 Mark HAMILTON, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. This is an appeal from judgments of guilty of battery on a low enforcement
of...ety of arguing intoxication as a defense to one charge and lack of intoxication as a defense to
another charge under the circumstances of this case.
127-CITE: 498 So.2d 580 STATE of Florida, Appellant, v. Bruce SILVER, Appellee.
TEXT: GLICKSTEIN, Judge. We reverse the trial court s order which suppressed the results of the
de...cance was given to the new officer s opinion in this case, in light of the above emphasized
discussion in Jackson. DOWNEY and ANSTEAD, JJ., concur.
128-CITE: 568 So.2d 471 James M. USHER, Appellant, v. Lori Jan USHER, Appellee.
TEXT: RYDER, Judge. James M. Usher (father) challenges the nonfinal order rendered February 27,
19...opriate visitation rights that should be accorded to the mother. Reversed and remanded with
instructions. SCHOONOVER, C.J., and SCHEB, J., concur.
129-CITE: 697 So.2d 200 Edward STEPANEK, Appellant, v. RINKER MATERIALS CORPORATION and Crawford &
Company, Appellees.
TEXT: ERVIN, Judge. Claimant, Edward Stepanek, appeals an order of the judge of compensation
claim...hat the JCC relied upon. Indeed, the JCC did not mention such testimony in the final order.
AFFIRMED. BENTON, J., and SMITH, Senior Judge, concur.
130-CITE: 616 So.2d 457 Syndi R. TRACTON a k a CINDY TRACTON, Appellant, v. CITY OF MIAMI BEACH and
Regina C. Siedentopf, Appellees.
TEXT: PER CURIAM. In this appeal from an order issued pursuant to an adverse jury verdict in an
ac...f the arrest, blood alcohol tests and a videotape taken two hours later are not relevant to
that issue, and were properly excluded. I would affirm.
131-CITE: 597 So.2d 767 Jessie Lee MILLER, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We have for review State v. Miller, 555 So.2d 391 (Fla. 3d DCA 1989), which
cert...ibility, in other words, is a question entirely distinct from the due process requirement of
proof beyond a reasonable doubt. BARKETT, J., concurs.
132-CITE: 440 So.2d 689 David HALL, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. In this appeal, we are asked to determine whether the statutory presumption
of... that violation of a nontraffic penal statute is negligence (formerly referred to as negligence
per se). (FN2) 32 Fla.Jur., Trial, Sections 142-144.
133-CITE: 486 So.2d 591 THE FLORIDA BAR, Complainant, v. Harold LONG, Respondent.
TEXT: PER CURIAM. After the Florida Bar filed a nine-count complaint against him, Long filed a
con...ered against Long, for which sum let execution issue. It is so ordered. ADKINS, Acting C.J.,
and McDONALD, EHRLICH, SHAW and BARKETT, JJ., concur.
134-CITE: 597 So.2d 767 David Lee GALLAGHER, Petitioner, v. STATE of Florida, Respondent.
TEXT: BARKETT, Justice. We review Gallagher v. State, 570 So.2d 442 (Fla. 3d DCA 1990), in which
t...in part, quashed in part, No. 75,708 (Fla.Sept. 26, 1991)]. We have jurisdiction pursuant to
article V, section 3(b)(4) of the Florida Constitution.
135-CITE: 632 So.2d 1106 Lee A. MICHIE, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Chief Judge. Lee A. Michie appeals from judgments and sentences entered after a jury
...ended license, and vacate the judgments and sentences entered on those counts; in all other
respects we affirm. DANAHY and SCHOONOVER, JJ., concur.
136-CITE: 591 So.2d 648 STATE of Florida, Appellant, v. Barbara HOFF, et al., Appellees.
TEXT: PER CURIAM. The county court for Orange County certified the following two questions to
this... State v. Westerberg, 16 F.L.W. C149 (Fla.Pinellas County Court July 19, 1991), for an
extensive analysis of the issue of county court jurisdiction.
137-CITE: 668 So.2d 593 DOMINO S PIZZA, et al., Petitioners, v. Richard E. GIBSON, Respondent.
TEXT: HARDING, Justice. We have for review Domino s Pizza v. Gibson, 654 So.2d 638 (Fla. 1st DCA
1... blood test had been used. The legislature specifically included this requirement in the 1994
amendment of section 440.09. See Section 440.09(7)(b).
138-CITE: 492 So.2d 795 Ronald J. MOORE, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Judge. The appellant, Ronald J. Moore, challenges the trial court s reasons for
impos...ed and the matter is remanded for resentencing. In all other respects, the appellant s
conviction is affirmed. DANAHY, C.J., and RYDER, J., concur.
139-CITE: 555 So.2d 391 The STATE of Florida, Appellant, v. Jessie Lee MILLER, Appellee.
TEXT: NESBITT, Judge. The state appeals an order granting a motion to suppress results of a blood
...ida. We thus answer the certified question in the affirmative and reverse and remand the case
for further proceedings consistent with this opinion.
140-CITE: 478 So.2d 1110 Gustavo LOPEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: BASKIN, Judge. We affirm Lopez s conviction for DUI manslaughter. In reaching our decision,
...(Fla. 1st DCA 1985). Finding no abuse of discretion, we affirm. Jent, 408 So.2d at 1029.
Appellant s remaining points are without merit. Affirmed.
141-CITE: 688 So.2d 909 Clifton BROCK, Petitioner, v. STATE of Florida, Respondent.
TEXT: CORRECTED OPINION PER CURIAM. We have for review the opinion in Brock v. State, 667 So.2d
1... a special condition of probation to a general condition which, under Biller, the trial court
may impose without restriction. 618 So.2d at 735 n. 1.
142-CITE: 547 So.2d 245 Ruth BUSCH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Ruth Busch seeks review of her conviction for DWI-Manslaughter. She argues the
t... mandatory, and the jury is free to weigh the evidence and either accept or reject the
inference. HERSEY, C.J., and POLEN and GARRETT, JJ., concur.
143-CITE: 693 So.2d 144 James E. STEVENS, Appellant, v. STATE of Florida, Appellee.
TEXT: ANTOON, Justice. James E. Stevens (defendant) appeals his judgment and sentence for the
firs...drinking on the day of the murder in no way constitute evidence of intoxication. Accordingly,
we affirm. AFFIRMED. COBB and THOMPSON, JJ., concur.
144-CITE: 449 So.2d 365 Wanda BEASLEY, Guardian of Michael Pat Wilson, a minor, John Kenneth Wilson
(deceased), Appellant, v. MITEL OF DELAWARE and Home Insurance Company, Appellees.
TEXT: WENTWORTH, Judge. Appellant seeks review of a workers compensation order by which a claim
fo...e to the contrary, that the injury was occasioned primarily by the intoxication of the
employee.... (FN4) See Section 440.29(1), Florida Statutes.
145-CITE: 573 So.2d 175 Larry Kenneth COLE, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Cole appeals his judgment and sentence for vehicular homicide and argues
t...properly preserved for appeal. See Carter v. State, 469 So.2d 194 (Fla. 2d DCA 1985). Reversed
and remanded. HALL, A.C.J., and PARKER, J., concur.
146-CITE: 457 So.2d 491 THE FLORIDA BAR, Complainant, v. Richard J. BORECKY, Respondent.
TEXT: PER CURIAM. This matter is before the Court on Respondent s Petition for Leave to Resign
Pen...fied, the Petition for Leave to Resign is hereby approved. It is so ordered. ADKINS, A.C.J.,
and OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
147-CITE: 710 So.2d 720 Maxine DEVERS-LOPEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, Judge. Appellant, Maxine Devers-Lopez (DeversLopez), was convicted of driving under
t...atus conference. Based on this express finding, we affirm as to this issue. REVERSED AND
REMANDED FOR NEW TRIAL. GLlCKSTEIN and DELL, JJ., concur.
148-CITE: 711 So.2d 256 Vincent MEDINA, Appellant, v. The STATE of Florida, Appellee.
TEXT: COPE, Judge. Vincent Medina appeals an order denying his petition for writ of error coram
no...g over at the time of the hearing. His testimony did not support the proposition that he was
under the influence of alcohol at the time of the plea.
149-CITE: 603 So.2d 89 Gregory Karl EDWARDS, Appellant, v. STATE of FLORIDA, Appellee.
TEXT: HARRIS, Judge. Deputy Englefelt of the Marion County Sheriff s Office observed Gregory Karl
...t s instruction emphasizing the refusal to take the test was harmless error. REVERSED and
REMANDED for a new trial. COBB and GRIFFIN, JJ., concur.
150-CITE: 581 So.2d 937 STATE of Florida, Appellant, v. Joseph BAXTER, Appellee.
TEXT: PER CURIAM. The state appeals appellee s sentence to probation. He plead guilty to
purchasin...ion and. appoint counsel for appellee, an indigent is hereby denied without prejudice to
appellee to seek post conviction relief in the trial court.
151-CITE: 722 So.2d 234 TWINS D & D, INC., d b a Gulfport Liquors Sharp A s Lounge, Appellant, v.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Appellee.
TEXT: PER CURIAM. Twins D & D, Inc. ( Twins D & D ), appeals a final order of the Department of
Bu... hearing. Reversed and remanded for an informal hearing before a different hearing officer.
QUINCE, A.C.J., and WHATLEY and SALCINES, JJ., Concur.
152-CITE: 744 So.2d 1033 Joseph A. WEBSTER, Appellant, v. STATE of Florida, Appellee.
TEXT: KAHN, J. Appellant, Joseph A. Webster, challenges the circuit court s summary denial of his
...to the rule. We AFFIRM without discussion the remaining grounds given by the circuit court for
denying the motion. BENTON and VAN NORTWICK, concur.
153-CITE: 625 So.2d 907 STATE of Florida, Appellant, v. Stephen Lee SAYLOR, and Lee Ernest Oakley,
Appellees.
TEXT: DANAHY, Acting Chief Judge. We have consolidated these two cases for disposition because
eac...tive. We reverse the order of suppression in each of these cases and remand each case for
further proceedings. SCHOONOVER and PARKER, JJ., concur.
154-CITE: 712 So.2d 1169 Miguel Angel TORRES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Miguel Angel Torres appeals his sentence for burglary of a dwelling with an
assa...sentence for his additional offenses. *1171 Affirmed in part, reversed in part, and
remanded. ALTENBERND, A.C.J., and BLUE and GREEN, JJ., concur.
155-CITE: 702 So.2d 1305 Terry L. SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant, Terry L. Smith, pleaded no contest to possession of cocaine and
p...), are met. See Mickler v. State, 682 So.2d 607, 609 (Fla. 2d DCA 1996). BLUE, A.C.J., FULMER,
J., and MALONEY, DENNIS P., Associate Judge, concur.
156-CITE: 556 So.2d 1240 Diane Lynn MECKEL, Appellant, v. STATE of Florida, Appellee.
TEXT: GOSHORN, Judge. Diane Lynn Meckel appeals her convictions for possession of cocaine,
possess... of the first degree. Possession of an open container of alcohol is a violation of Ocala
City Ordinance 3-6 and is also designated as a misdemeanor.
157-CITE: 701 So.2d 634 Johnny L. KENNEDY, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. The appellant was convicted of gambling, resisting arrest with
v... costs items we have noted above. Additionally we strike the alcohol-related provisions of
special condition 18. PATTERSON and QUINCE, JJ., concur.
158-CITE: 596 So.2d 507 Stanley Leon BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Stanley Leon Brown has appealed a sentence imposed after pleading guilty to
gran...substance abuse counselling or treatment as directed by the Officer, but this condition was
reflected in the written probation order entered herein.
159-CITE: 530 So.2d 426 FLORIDA MINING & MATERIALS CORPORATION, Appellant, v. FLORIDA UNEMPLOYMENT
APPEALS COMMISSION, and Arthur J. Marcus, Appellees.
TEXT: NIMMONS, Judge. Florida Mining & Materials Corporation (Florida Mining) appeals from a
final...the case is REMANDED to the appeals referee for reconsideration of the testimony and
evidence already received. THOMPSON and BARFIELD, JJ., concur.
160-CITE: 532 So.2d 1288 Kimberly BOOTH, Appellant, v. ABBEY ROAD BEEF & BOOZE, INC., Appellee.
TEXT: DAUKSCH, JAMES C., Jr., Associate Judge. This is an appeal from a judgment non obstante
vere...entire verdict amount without reduction for comparative negligence or the seat belt defense.
REVERSED AND REMANDED. LETTS and WALDEN, JJ., concur.
161-CITE: 672 So.2d 92 James M. SHELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the trial court s denial of appellant s motion to suppress evidence.
S...04 (Fla. 2d DCA Dec. 20, 1995). Judgment affirmed; probation conditions and costs stricken.
CAMPBELL, A.C.J., and LAZZARA and QUINCE, JJ., concur.
162-CITE: 591 So.2d 178 THE FLORIDA BAR Re Louis C. CORBIN.
TEXT: PER CURIAM. We have for consideration a referee s findings, conclusions and recommendations
...which sum let execution issue. It is so ordered. SHAW, C.J., and OVERTON, McDONALD, BARKETT,
GRIMES and KOGAN, JJ., concur. HARDING, J., recused.
163-CITE: 514 So.2d 1140 Chris Alan VANOVER, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a sentencing guideline departure sentence. The
trial... of the bed sheets. The sentence is vacated and this cause remanded for resentencing.
SENTENCE VACATED; REMANDED. ORFINGER and COBB, JJ., concur.
164-CITE: 604 So.2d 16 Benjamin BILLER, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. We affirm appellant s conviction and sentence for carrying a concealed
firearm...rcise of discretion. We recognize that this opinion may be in conflict with Stonebraker.
POLEN, J., concurs. ANSTEAD, J. dissents without opinion.
165-CITE: 711 So.2d 122 Gregorio EUCEDA, Appellant, v. The STATE of Florida, Appellee.
TEXT: COPE, Judge. Gregorio Euceda appeals his convictions for driving under the influence
manslau...erwise impaired. See id. It only need be established to [the jury s] satisfaction that the
driver was `under the influence. Id. We agree. Affirmed.
166-CITE: 644 So.2d 1389 STATE of Florida, Appellant, v. Cassaundra C. RASMUSSEN, Appellee.
TEXT: PER CURIAM. On May 11, 1993, appellee was issued a traffic citation for driving under the
in...ntinue to enforce the rules promulgated by HRS. REVERSED and REMANDED for further consistent
proceedings. MINER, LAWRENCE and BENTON, JJ., concur.
167-CITE: 667 So.2d 1014 Clifton BROCK, Appellant, v. STATE of Florida, Appellee.
TEXT: MICKLE, Judge. Clifton Brock, the appellant, appeals from an order placing him on community
...CA 1995); R.D.R. v. State, 653 So.2d 498 (Fla. 5th DCA 1995). AFFIRMED in part, REVERSED in
part, and remanded. WEBSTER and LAWRENCE, JJ., concur.
168-CITE: 700 So.2d 750 Chuck Junior WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Chuck Junior Williams appeals his convictions and sentences for several drug
cha...NCEMENT? Affirmed in part, reversed in part and remanded for proceedings consistent herewith.
PARKER, C.J., and PATTERSON and FULMER, JJ., concur.
169-CITE: 634 So.2d 1120 Gregory Stephen BIAS, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Judge. Gregory Stephen Bias challenges his conviction for first degree murder and
rob...THAT HIS OPINION IS BASED TO SOME EXTENT ON THE DEFENDANT S MENTAL DISEASE OR DEFECT?
Reversed and remanded. FRANK, C.J., and DANAHY, J., concur.
170-CITE: 738 So.2d 379 James C. BABER, III, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, J. Appellant was convicted of DUI manslaughter and DUI with personal injury. He
asser...e test was done by the hospital for medical reasons, but not where the same test was done by
the hospital only because law enforcement requested it.
171-CITE: 522 So.2d 42 STATE of Florida, Appellant, v. Nicholas QUARTARARO, Appellee.
TEXT: DANAHY, Chief Judge. The question we must decide is whether otherwise reliable blood
alcohol...on to suppress if he finds that there was probable cause. *45 Reversed and remanded for
further proceedings. CAMPBELL and SCHOONOVER, JJ., concur.
172-CITE: 722 So.2d 259 STATE of Florida, Appellant, v. M.L.R., a child, Appellee.
TEXT: PATTERSON, Acting Chief Judge. The State appeals from a final disposition order which
direct...hway, Safety and Motor Vehicles to suspend M.L.R. s driving privileges for two years.
Reversed and remanded. ALTENBERND and SALCINES, JJ., Concur.
173-CITE: 698 So.2d 318 STATE of Florida, Appellant, v. Thomas James LINE, Appellee.
TEXT: FARMER, Judge. Defendant pleaded guilty to his sixth DUI offense and his fifth driving with
...nes without providing written reasons. We remand for resentencing within the guidelines.
GUNTHER, J., and MAY, MELANIE G., Associate Judge, concur.
174-CITE: 587 So.2d 1313 THE FLORIDA BAR RE J. Charles SHORES, Jr.
TEXT: PER CURIAM. This is a petition to review the referee s denial of a petition for
reinstatemen...cution issue. It is so ordered. SHAW, C.J. and OVERTON, McDONALD, GRIMES and
HARDING, JJ., concur. BARKETT and KOGAN, JJ., concur in result only.
175-CITE: 478 So.2d 825 Sherry WRIGHT, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a manslaughter conviction and a conviction for
leavin...REMANDED. FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur. ------------ (FN1) Miranda v.
Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
176-CITE: 534 So.2d 903 Robert DEATRICH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Robert Deatrich, challenges the judgments and sentences imposed
u...rm in all other respects. Affirmed in part, reversed in part, and remanded with instructions.
SCHEB, A.C.J., and SCHOONOVER and HALL, JJ., concur.
177-CITE: 682 So.2d 1139 Alvin Deon WALLACE, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, Alvin Deon Wallace, challenges his judgment and
sen...icken. See Malone v. State, 652 So.2d 902 (Fla. 2d DCA 1995); Nank v. State, 646 So.2d 762
(Fla. 2d DCA 1994). SCHOONOVER and LAZZARA, JJ., concur.
178-CITE: 637 So.2d 953 Robert H. WEYRAUCH, Jr., Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Petitioner was charged with the misdemeanor of driving under the influence
(DUI)...uct the jury using a misleading nonstandard instruction. Doyle, 483 So.2d 89. Petitioner has
not argued that the error in this case was fundamental.
179-CITE: 687 So.2d 845 Darrell NANTZ, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Acting Chief Judge. Darrell Nantz, who was adjudicated guilty of two counts of
Drivin...ce, within the guidelines, of no more than 8.5 years. Reversed and remanded for
resentencing within the guidelines. BLUE and LAZZARA, JJ., concur.
180-CITE: 457 So.2d 1374 Randy MILLER, Executive Director, Department of Revenue, State of Florida, et
al., Appellants, v. PUBLICKER INDUSTRIES, INC., and Publicker Chemical Corporation, et al.,
Appellees.
TEXT: McDONALD, Justice. This case is before us on certification by the First District Court of
Ap... exempt under section 212.63, Florida Statutes (1983). It is so ordered. BOYD, C.J., and
ADKINS, OVERTON, ALDERMAN, EHRLICH and SHAW, JJ., concur.
181-CITE: 492 So.2d 1160 Laurie Ann DORMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: NIMMONS, Judge. Appellant Dorman appeals from judgment and sentence for both DWI
manslaughte... circumstances of the accident, together with his observation of appellant in the
hospital, supplied probable cause to order the blood alcohol test.
182-CITE: 548 So.2d 812 Joe Pat ROWLAND, Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. Appellant pled nolo contendere to one count of possession of a controlled
s... the court conform its written order of probation to its oral pronouncement made at the
disposition hearing. SHIVERS, C.J., and ZEHMER, J., concur.
183-CITE: 510 So.2d 926 Juanita MILLER and Juanita Miller as Personal Representative of the Estate of
Robert Miller, Deceased, Appellant, v. Antonio COURT, M.D., and Alexander Miranda, M.D., Appellees.
TEXT: WALDEN, Judge. This is a medical malpractice action brought by Mr. and Mrs. Miller against
D... error. Accordingly, we reverse and remand for a new trial in accordance with this opinion.
REVERSED AND REMANDED. DELL and GUNTHER, JJ., concur.
184-CITE: 575 So.2d 796 Annette Marie GREEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant raises several issues, two of which we conclude to have merit.
Accordi..., reasonable and not a pretext. See generally, Reed v. State, 560 So.2d 203 (Fla.), cert.
denied, -- U.S. --, 111 S.Ct. 230, 112 L.Ed.2d 184 (1990).
185-CITE: 679 So.2d 355 ILLINOIS INSURANCE EXCHANGE and Britamco Underwriters, Inc., Appellants, v.
SCOTTSDALE INSURANCE CO., Tiffany s, and Carylann Hotel Properties, Inc., Appellees.
TEXT: CORRECTED OPINION PER CURIAM. The opinion originally released in this case on August 14,
19...lement funds. If not, Scottsdale will collect nothing from Illinois in connection with the
settlement funds. Affirmed in part and reversed in part.
186-CITE: 744 So.2d 1128 Timothy BRYANT, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, J. Bryant and a co-defendant, James, were charged with carjacking and the first
degr...t pulled the gun on his aunt, while regrettable, simply did not affect the outcome of this
trial. AFFIRM. ANTOON, C.J., and PETERSON, JJ., concur.
187-CITE: 618 So.2d 742 STATE of Florida, Appellant, v. Arthur Joseph HILL, Appellee.
TEXT: FRANK, Judge. On January 11, 1992, a vehicle Arthur Hill was operating collided with a
concr...of individuals to conduct such analyses, and issue permits which will be subject to
termination or revocation at the discretion of the department.
188-CITE: 743 So.2d 130 Ronald HOFFMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, J. Appellant was found to have violated his community control because he was DUI and
... 4th DCA 1998). Based on McClain, we conclude that there was sufficient evidence to support
revocation and affirm. TAYLOR and HAZOURI, JJ., concur.
189-CITE: 456 So.2d 1265 Thomas Wayne HOUSER, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of judgments of conviction and sentences for the
of...y follows an enhancement of the penalty when less severe damage results, does not alter the
primary focus of the statute--driving while intoxicated.
190-CITE: 717 So.2d 618 Charles RASIK, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse and remand for an evidentiary hearing as to whether appellant is
enti...lage South Drug and Alcohol Rehabilitation Center. See Whitehead v. State, 677 So.2d 40 (Fla.
4th DCA 1996). KLEIN, SHAHOOD and GROSS, JJ., concur.
191-CITE: 633 So.2d 1128 Russell Dean RIGDON, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Senior Judge. Following a trial by jury, Russell Dean Rigdon was found guilty of
11...ld have properly been excluded under section 90.403, Florida Statutes, as being confusing or
misleading. AFFIRMED. WOLF and LAWRENCE, JJ., concur.
192-CITE: 686 So.2d 688 STATE of Florida, Appellant, v. Jerel Morrison ERWIN, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order suppressing blood evidence in a DUI
manslaug...6 So.2d 316 (Fla. 5th DCA 1990). The trial judge specifically found no bad faith and a
lack of wilfulness. REVERSED. COBB and HARRIS, JJ., concur.
193-CITE: 604 So.2d 842 Christopher BECKNER, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Judge. We have for review three sentencing issues raised by Christopher Beckner who
p...State, 548 So.2d 1103 (Fla.1989). We remand for further proceedings not inconsistent with this
opinion. LEHAN, A.C.J., and ALTENBERND, J., concur.
194-CITE: 721 So.2d 438 Teresa SIPES, as Personal Representative of the Estate of Roy E. Stamey,
deceased, and Teresa Sipes, individually, Appellant, v. ALBERTSON S INC., etc., et al., Appellees.
TEXT: PER CURIAM. AFFIRMED. GOSHORN and ANTOON, JJ., concur. PETERSON, J., dissents with
opinion...f events outside ambit of probable cause did not justify dismissal of complaint), rev.
denied, (Table No. 93,089, -- So.2d --, Fla. Sept. 15, 1998).
195-CITE: 753 So.2d 1285 FLORIDA BOARD OF BAR EXAMINERS re P.K.B.
TEXT: PER CURIAM. Petitioner P.K.B. asks this Court to review the recommendations of the Florida
B...en the police officer questioned him about his alcohol consumption, he replied that he had a
beer when, in fact, he had consumed more than one beer.
196-CITE: 696 So.2d 957 Michael WILSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks review of the denial of his motion seeking postconviction
relief... appellant is not entitled to relief. AFFIRMED IN PART; REVERSED IN PART; and REMANDED,
with directions. ALLEN, WEBSTER and PADOVANO, JJ., concur.
197-CITE: 503 So.2d 404 UNIVERSITY OF FLORIDA, Appellant, v. Steven MOSSBURG, Appellee.
TEXT: SMITH, Judge. The University of Florida appeals the order of the Career Service Commission
d... for a decision on the merits as to whether there was just cause to dismiss the employee.
REVERSED and REMANDED. JOANOS and BARFIELD, JJ., concur.
198-CITE: 592 So.2d 1250 Pedro Perez ANDRES a k a Pedro A. Perez, Appellant, v. John Francis GILBERTI,
Jr. and John Francis Gilberti, Sr., Appellees.
TEXT: ANSTEAD, Judge. Appellant seeks reversal of an adverse jury verdict on his claim for
persona...t and by demonstrating the propriety of the procedures followed in this particular case.
LETTS, J., and FRANK, RICHARD H., Associate Judge, concur.
199-CITE: 698 So.2d 349 STATE of Florida, Appellant, v. Kirk Douglas KENNEDY, Appellee.
TEXT: DELL, Judge. The State of Florida charged Kirk Douglas Kennedy in an eleven count
informatio...ea or be sentenced pursuant to the sentencing guidelines or as an habitual felony
offender. REVERSED and REMANDED. GUNTHER and GROSS, JJ., concur.
200-CITE: 560 So.2d 347 STATE of Florida, Appellant, v. Adam G. WENGER, Appellee.
TEXT: PERTERSON, Judge. The state appeals the suppression of a blood test report of a specimen
tak...on 395.017(3)(d) that requires notice to be given to the patient when his records are sought
by subpoena. AFFIRMED. COBB and GRIFFIN, JJ., concur.
201-CITE: 612 So.2d 584 The STATE of Florida, Petitioner, v. Francis H. KESTER, Respondent.
TEXT: NESBITT, Judge. The state seeks issuance of a writ of certiorari quashing an opinion of the
...93 (Fla.1983). Accordingly, the state s petition is granted. The opinion of the circuit court
appellate division is quashed and the cause remanded.
202-CITE: 677 So.2d 1317 James D. MELVIN, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. Melvin appeals a DUI manslaughter judgment and sentence. We affirm Melvin s
co... was harmless beyond a reasonable doubt. State v. DiGuilio, 491 So.2d 1129 (Fla.1986).
SHAHOOD, J. and RAMIREZ, JUAN, Jr., Associate Judge, concur.
203-CITE: 504 So.2d 1273 James Randall ROPER, Appellant, v. STATE of Florida, Appellee.
TEXT: MILL, Judge. Roper appeals from a conviction for driving while intoxicated, Section
316.1931...evidence in the record to support the jury s verdict of DWI sub judice, we affirm on this
point. Affirmed. BOOTH, C.J., and WENTWORTH, J., concur.
204-CITE: 531 So.2d 411 Patricia MAJOR, M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD
OF MEDICINE, Appellee.
TEXT: HUBBART, Judge. This is an appeal from a final order of the Florida Board of Medicine which
...tment of Professional Regulation, 463 So.2d 215, 217 (Fla.1985); Florida Bd. of Bar Examiners Re:
Applicant, 443 So.2d 71, 75 (Fla.1983). AFFIRMED.
205-CITE: 629 So.2d 307 STATE of Florida, Appellant, v. Philip E. SUCENA, Appellee.
TEXT: PER CURIAM. The state appeals an order dismissing, on double jeopardy grounds, a charge of
d..., we reverse the order of dismissal and remand for further proceedings consistent with Coupal.
CAMPBELL, A.C.J., PARKER and PATTERSON, JJ., concur.
206-CITE: 594 So.2d 735 THE FLORIDA BAR, Complainant, v. Paul John DUBBELD, Respondent.
TEXT: PER CURIAM. The Florida Bar petitions for review of a referee s report recommending that
Dub... (FN2) The referee recommended conditioning probation on Dubbeld s not drinking to excess and
not driving within four hours of drinking any alcohol.
207-CITE: 535 So.2d 649 Robert L. FREVE, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and
Southern Bell Telephone and Telegraph Company, Appellees.
TEXT: ZEHMER, Judge. Appellant Robert L. Freve appeals an order of the Unemployment Appeals
Commis...h any statutory or case authority supporting such a proposition. Therefore, we affirm the
third issue. AFFIRMED. ERVIN and WENTWORTH, JJ., concur.
208-CITE: 750 So.2d 123 Larry SPRY, Appellant, v. STATE of Florida, Appellee.
TEXT: GREEN, Judge. The appellant, Larry Spry, challenges the trial court s order revoking his
pro...probation based on the fact he admittedly consumed alcohol contrary to his probation
condition. Affirmed. PATTERSON, C.J., and PARKER, J., Concur.
209-CITE: 491 So.2d 1210 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES of the State of Florida,
Appellant, v. Dennis Cole MOREA, Appellee.
TEXT: NIMMONS, Judge. This is an appeal from an order of Leon County Circuit Court finding that
th...hat the Department did not erroneously revoke Morea s license. Accordingly, the trial court s
order is REVERSED. MILLS and WENTWORTH, JJ., concur.
210-CITE: 599 So.2d 1339 STATE of Florida, Appellant, v. Bruce E. BURKE, Appellee.
TEXT: WOLF, Judge. The State of Florida (state) appeals from an order of the county court
suppress... the blood test should not be considered to be revoked where there has not been a
substantial deviation from the statute. See State v. Polak, supra.
211-CITE: 715 So.2d 317 SCARLETT O HARA S, INC., Appellant, v. SPHERE DRAKE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. AFFIRMED. DAUKSCH, J., concurs. GRIFFIN, C.J., and HARRIS, J., concur and
conc...who then negligently operates the vehicle; the action is still for injuries resulting from
the use of an automobile and is excluded from the policy.
212-CITE: 567 So.2d 966 Carl Andrew HAAS, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING EN BANC HARRIS, Judge. In response to Appellant s motion for
rehear... time of the offense in either an impairment or a UBAL case. AFFIRM. DAUKSCH, COBB, W.
SHARP, COWART, GOSHORN, PETERSON, and GRIFFIN, JJ., concur.
213-CITE: 677 So.2d 332 Steven FERNANDEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PARIENTE, Judge. Pursuant to a negotiated plea agreement, defendant pled nolo contendere to
...t our supreme court may clear up any confusion concerning whether random testing is subject to a
Biller analysis. KLEIN and STEVENSON, JJ., concur.
214-CITE: 645 So.2d 140 STATE of Florida, Appellant, v. Tony GORDON, Appellee.
TEXT: HUBBART, Judge. The state appeals a sentence which departs downward from the sentencing
guid...e defendant to withdraw his nolo contendere plea, and (2) to conduct further appropriate
proceedings in the case thereafter. Reversed and remanded.
215-CITE: 619 So.2d 1056 STATE of Florida, Appellant, v. William TEPPNER, Appellee.
TEXT: PER CURIAM. The state appeals an order of the trial court suppressing the results of a
blood...A 1993). We therefore reverse for further proceedings consistent with Hill. Reversed.
CAMPBELL, A.C.J., and THREADGILL and PATTERSON, JJ., concur.
216-CITE: 693 So.2d 596 Richard K. FERGUSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Acting Chief Judge. Richard Ferguson appeals from convictions of aggravated
assau...). That is clearly the case in regard to these three jurors. Therefore, we reverse and
remand for a new trial. ALTENBERND and LAZZARA, JJ., concur.
217-CITE: 655 So.2d 215 STATE of Florida, Appellant, v. Patrick DURDEN, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from the trial court s order granting
appellee... granting his suppression motion must be reversed pursuant to this court s recent opinion
in State v. Rasmussen, 644 So.2d 1389 (Fla. 1st DCA 1994).
218-CITE: 676 So.2d 1045 STATE of Florida, Appellant, v. Stacey SAMS, Appellee.
TEXT: PETERSON, Chief Judge. The State of Florida appeals the trial court s order suppressing the
... cause, ordered the search. ORDER VACATED; REMANDED. DAUKSCH and ANTOON, JJ., concur.
------------ (FN1) Section 316.193(3)(c)3, Fla.Stat. (1993).
219-CITE: 450 So.2d 861 The STATE of Florida, Appellant, v. Randy Ray ROOSE, Appellee.
TEXT: SCHWARTZ, Chief Judge. The State appeals from an order suppressing the result of a blood
alc...ent that his normal faculties were impaired. (FN4) Secs. 90.702-.705, Fla.Stat. (1983). (FN5)
See State v. Demoya, supra (Schwartz, J., dissenting).
220-CITE: 599 So.2d 767 Norman WRIGHT, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Judge. We have for review six issues raised by Norman Wright, only two of which
requi...ded for further proceedings consistent with this opinion. Affirmed in part, reversed in
part and remanded. SCHOONOVER, C.J. and LEHAN, J., concur.
221-CITE: 433 So.2d 1334 HERITAGE INSURANCE COMPANY OF AMERICA, an Illinois corporation, Appellant, v.
Frank CILANO, as Trustee of a dissolved corporation known as Best Point Corporation, a Florida
corporation, and Richard Michaud, Appellees.
TEXT: ANSTEAD, Judge. This is an appeal of a final summary judgment declaring that Frank Cilano,
a...al court is reversed with directions that summary judgment be entered for Heritage. BERANEK,
J., and COCALIS, PATRICIA W., Associate Judge, concur.
222-CITE: 677 So.2d 1349 Benjamin L. CARTER, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, Judge. Benjamin Carter pled no contest to grand theft. He was adjudicated guilty and
... get a drug evaluation, attend the AA NA meetings, and pay for any random drug testing. SHAHOOD,
J., and SPEISER, MARK A., Associate Judge, concur.
223-CITE: 603 So.2d 526 Sandra LIVINGSTON, Appellant, v. SMALLEY TRANSPORTATION, CO., Appellee.
TEXT: GODERICH, Judge. The plaintiff, Sandra Livingston, appeals from a final judgment entered
pur...at plaintiffs were free from any contributory negligence, trial judge should have granted
plaintiffs motion for directed verdict on liabilty issue.)
224-CITE: 723 So.2d 389 STATE of Florida, Appellant, v. L.J.R., a child, Appellee.
TEXT: PER CURIAM. The State appeals from a final disposition order which suspends L.J.R. s driver
...r tobacco offense. Accordingly, we affirm the six-month suspension of L.J.R. s driving
privileges. Affirmed. ALTENBERND and SALCINES, JJ., Concur.
225-CITE: 619 So.2d 1056 STATE of Florida, Appellant, v. Donald George ROBINSON, Appellee.
TEXT: PER CURIAM. The state appeals an order of the trial court suppressing the results of a
blood...A 1993). We therefore reverse for further proceedings consistent with Hill. Reversed.
CAMPBELL, A.C.J., and THREADGILL and PATTERSON, JJ., concur.
226-CITE: 544 So.2d 1144 Michael J. WILHELM, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. Michael Wilhelm appeals his conviction for DWI-Manslaughter following a
j...934(2)(c), FLORIDA STATUTES (1986), CREATE AN UNCONSTITUTIONAL MANDATORY REBUTTABLE
PRESUMPTION? Affirmed. CAMPBELL, C.J., and SCHEB, J., concur.
227-CITE: 553 So.2d 354 Carmen ALLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR CLARIFICATION AND ON MOTION FOR REHEARING GARRETT, Judge. Appellant s motion
...r. ------------ (FN2) We disapprove of the blood alcohol presumption instruction given at trial.
Rolle v. State, 528 So.2d 1208 (Fla. 4th DCA 1988).
228-CITE: 682 So.2d 1222 Richard F. GARDNER, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS
COMMISSION, and Department of Treasury, Appellees.
TEXT: SHAHOOD, Judge. Appellant, Richard F. Gardner, appeals from an order of the Unemployment
App...ingly, we reverse and remand with directions to UAC to afford appellant unemployment benefits.
Reversed and remanded. DELL and GROSS, JJ., concur.
229-CITE: 591 So.2d 907 PEOPLES RESTAURANT, Petitioner, v. Mary SABO, Respondent.
TEXT: OVERTON, Justice. This is a petition to review Sabo v. Shamrock Communications, Inc., 566
So... in Ellis, approve its decision in the instant case. It is so ordered. SHAW, C.J., and
McDONALD, BARKETT, GRIMES, KOGAN, and HARDING, JJ., concur.
230-CITE: 651 So.2d 160 Frederick Glenn SHEFFIELD, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. The appellant brings for our review the concurrent habitualized
...ar, tavern, or lounge while on probation. You will not go into any building where you know that
you can get cocaine, heroin, or other illegal drugs.
231-CITE: 613 So.2d 70 Jack Allen CLOE, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. We affirm Appellant s conviction of DUI manslaughter but reverse and remand
fo...e also Davis v. State, 562 So.2d 431 (Fla. 1st DCA 1990). *72 OWEN, WILLIAM C., Jr., Senior
Judge and BRESCHER, GEORGE A., Associate Judge, concur.
232-CITE: 613 So.2d 561 Bernard E. DRAGLAND, Appellant, v. Barbara E. DRAGLAND, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant Husband, who was ordered to be incarcerated for
civi...on of the contempt order, but may impose any other sanction with which Husband is able to
comply. See Bowen. THREADGILL and PATTERSON, JJ., concur.
233-CITE: 519 So.2d 731 STATE of Florida, Appellant, v. Roger L. WALTHER, Appellee.
TEXT: SMITH, Chief Judge. The state has appealed an order suppressing blood alcohol results in
thi...oper predicate and foundation for the admission of scientific evidence as stated in Strong.
REVERSED and REMANDED. ERVIN and NIMMONS, JJ., concur.
234-CITE: 688 So.2d 991 Gary Lee ODOM, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, found guilty of felony driving under the influence of alcohol,
(secti...reverse and remand for resentencing within the guidelines range. Hendrix v. State, 475
So.2d 1218 (Fla.1985). MINER, ALLEN and MICKLE, JJ., concur.
235-CITE: 499 So.2d 926 J.H. PRITCHARD, Appellant, v. JAX LIQUORS, INC. and Timothy Hinnant, Appellees.
TEXT: THOMPSON, Judge. Pritchard, the plaintiff below, appeals an order granting the motion of
def...h instructions that the circuit court reinstate Pritchard s amended complaint against Jax.
REVERSED and REMANDED. JOANOS and NIMMONS, JJ., concur.
236-CITE: 433 So.2d 1325 Geraldine BORDERS, Appellant, v. The STATE of Florida, Appellee.
TEXT: JORGENSON, Judge. Geraldine Borders appeals from a judgment and sentence imposed following
a...ne v. State, 408 So.2d 801 (Fla. 1st DCA), review denied mem., 415 So.2d 1361 (Fla.1982).
Reversed and remanded for further consistent proceedings.
237-CITE: 705 So.2d 632 Joshua LAW, Appellant, v. STATE of Florida, Appellee.
TEXT: ANTOON, Judge. Joshua Law (defendant) appeals his sentences which were imposed by the trial
.... Finding no valid claims of error, we affirm the defendant s sentences. JUDGMENTS AND
SENTENCES AFFIRMED. GRIFFIN, C.J., and HARRIS, J., concur.
238-CITE: 692 So.2d 153 RECCHI AMERICA INC., et al., Appellants, v. Astley HALL, Appellee.
TEXT: GRIMES, Justice. We have on appeal Hall v. Recchi America Inc., 671 So.2d 197 (Fla. 1st DCA
... also clear in this case that the sanctions provided in the statute were well known to all, and,
in essence, made a part of the employment contract.
239-CITE: 456 So.2d 1212 Robert G. PASTORI, Jr., Petitioner, v. STATE of Florida, Respondent.
TEXT: CAMPBELL, Judge. This is a petition for writ of certiorari to review an order of the
circuit...ioner and deny certiorari regarding the suppression of the chemical breath tests and field
sobriety tests. GRIMES, A.C.J., SCHOONOVER, JJ., concur.
240-CITE: 453 So.2d 197 James Craig BERRY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm Appellant s convictions for driving while under the influence of
alcoh...n. In this case, other evidence on this issue was indeed received and relied on by Appellant
to challenge the state s claim that he was intoxicated.
241-CITE: 570 So.2d 442 David Lee GALLAGHER, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Affirmed. Occhicone v. State, 570 So.2d 902 (Fla.1990); State v. DiGuilio, 491
S...tion of blood alcohol levels, we recertify to the Florida Supreme Court the same question of
great public importance certified in Miller. Affirmed.
242-CITE: 673 So.2d 911 Steven Lamar MILHOUSE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Steven Lamar Milhouse entered a no contest plea to consumption of alcohol on a
p...GILL, C.J., and BLUE and FULMER, JJ., concur. ------------ (FN1) Tampa, Fla., Code Section 4-4
(1992). (FN2) Section 893.13(6)(a), Fla.Stat. (1993).
243-CITE: 664 So.2d 1072 STATE of Florida, Appellant, v. Robert L. LEMON, Jr., Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, State of Florida, challenges the trial court s
orde...mand for resentencing within the guidelines. On remand, Lemon should be given the opportunity
to withdraw his plea. PARKER and QUINCE, JJ., concur.
244-CITE: 693 So.2d 96 Bernard RAMSEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Bernard Ramsey appeals his judgment and sentences for possession of cocaine and
...ad v. State, 687 So.2d 281 (Fla. 2d DCA 1997). We affirm the sentences in all other respects.
PARKER, A.C.J., and LAZZARA and WHATLEY, JJ., concur.
245-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).
246-CITE: 637 So.2d 315 ROLEMCO ELECTRICAL CONTRACTING and State Auto Mutual Insurance Company,
Appellants, v. Ramon SELLERS, Appellee.
TEXT: PER CURIAM. Appellants Rolemco Electrical Contracting (employer) and State Auto Mutual
Insur...pensable accident, we note that the alcoholism defense upon which the e c presently relies
has been continuously available for at least fifty years.
247-CITE: 445 So.2d 1115 Roy SPARKMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Judge. Appellant, Roy Sparkman, challenges a judgment and sentence finding him
guilty...ntence to the oral pronouncement of the court. We affirm the judgment and sentence in all
other respects. GRIMES, A.C.J., and CAMPBELL, J., concur.
248-CITE: 462 So.2d 102 Donald WILLIARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Donald Williard appeals a conviction and sentence for DWI-manslaughter. We
affir...DCA 1984), and Higgs v. State, 455 So.2d 451 (Fla. 5th DCA 1984). AFFIRMED. GRIMES,
A.C.J., LEHAN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
249-CITE: 568 So.2d 1 Michael J. WILHELM, Petitioner, v. STATE of Florida, Respondent.
TEXT: EHRLICH, Justice. We have for review Wilhelm v. State, 544 So.2d 1144, 1146 (Fla. 2d DCA
198...or higher is not sufficient; the state must prove that the defendant was impaired, i.e., that
he was not in full possession of his normal faculties.
250-CITE: 504 So.2d 1371 Donald WARREN, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. Warren appeals an order denying the relief sought in his Fla.R.Crim.P.
3.85...proceedings pursuant to Rule 3.850 on the claim of ineffective assistance of counsel prior to
and at trial only. BOOTH, C.J. and MILLS, J., concur.
251-CITE: 728 So.2d 769 Sandra DUBUS and Dina Dubus Jackson, as Personal Representative of the Estate of
Gary Dubus, Deceased, Appellants, v. Dennis Ray PIETZ and Hill-Kelly Leasing, Inc., Appellees.
TEXT: LAWRENCE, J. We have for review an order granting Hill-Kelly Leasing, Incorporated
(Hill-Kel...ict on compensatory damages. We affirm the trial court s order insofar as it grants a
new trial on punitive damages. WOLF and WEBSTER, JJ., CONCUR.
252-CITE: 734 So.2d 525 Cornell HORSLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: CASANUEVA, Judge. Cornell Horsley appeals the denial of his motion to suppress, alleging
his...egedly violated, the appellant s attorney verified that such an ordinance does exist. No
challenge to this ordinance has been raised in this appeal.
253-CITE: 708 So.2d 664 Thomas M. CHAMBERS, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. In Chambers v. State, 682 So.2d 615 (Fla. 4th DCA 1996), we reversed
defendan...own determination as to whether the violation has prejudiced the defendant. AFFIRMED.
WARNER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
254-CITE: 698 So.2d 912 STATE of Florida, Appellant, v. Deanna IRIZARRY, Appellee.
TEXT: KLEIN, Judge. Defendant was arrested for DUI in June of 1996. After denying the State s
moti...olding that the statute does not violate the confrontation clauses of the federal and Florida
constitutions or improperly shift the burden of proof.
255-CITE: 640 So.2d 1251 Dennis Lee STEVENS, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Chief Judge. We affirm Stevens conviction and sentence; however, we remand to the
tr...ployment condition to read that Stevens will seek gainful employment. AFFIRMED and REMANDED
for modification. PETERSON and DIAMANTIS, JJ., concur.
256-CITE: 531 So.2d 336 THE FLORIDA BAR, Complainant, v. R. Justin MARSHALL, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before the Court for consideration of the
report...2,462.20, for which sum let execution issue. It is so ordered. EHRLICH, C.J., and
OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
257-CITE: 711 So.2d 197 Jason BRULFER, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Brulfer appeals his convictions for two counts of attempted aggravated
assa...74 So.2d 155 (Fla. 4th DCA 1996); Cedno v. State, 545 So.2d 495 (Fla. 3d DCA 1989).
AFFIRMED. DAUKSCH, J., and SCHEB, J. M., Senior Judge, concur.
258-CITE: 590 So.2d 1025 Ernest TURNER, Appellant, v. CARL BLANCHARD PLASTERING, ASSOCIATED INDUSTRIES,
and Executive Risk, Appellees.
TEXT: BOOTH, Judge. This cause is before us on appeal of a final order denying compensation
benefi...ccordingly the order is affirmed in part, reversed in part, and remanded for further
proceedings consistent herewith. MINER and ALLEN, JJ., concur.
259-CITE: 652 So.2d 912 Cornelius REED, Appellant, v. STATE of Florida, Appellee.
TEXT: WHATLEY, Judge. The appellant, Cornelius Reed, challenges his judgments and sentences in
tri...rteen and fourteen are stricken in their entirety. Reed s judgment and sentence are,
otherwise, affirmed. DANAHY, A.C.J., and CAMPBELL, J., concur.
260-CITE: 626 So.2d 1011 Jose Pedro HERNANDEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm Jose Pedro Hernandez s convictions and sentences for two counts of
att...eleven because they are unrelated to his convictions. See Biller v. State, 618 So.2d 734
(Fla.1993). FRANK, C.J., and DANAHY and BLUE, JJ., concur.
261-CITE: 718 So.2d 925 Mark Allen NICHOLS, Appellant, v. Pauline BENTON and Dalis Whited, Appellees.
TEXT: PER CURIAM. This appeal concerns a negligence action brought by Mark Allen Nichols
(appellan...ed evidence was to the contrary. Consequently, Dr. Clark s testimony does not provide a
basis for the admission of evidence of drug and alcohol use.
262-CITE: 478 So.2d 391 SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR & EMPLOYMENT SECURITY,
Appellant, v. LAKELAND CONSTRUCTION COMPANY, INC., and Claims Center, Appellees.
TEXT: ZEHMER, Judge. The Special Disability Trust Fund (Fund) appeals the deputy commissioner s
or...e Judge, concur. ------------ (FN2) The employer warned claimant that should he appear on the
job in an inebriated condition he would be terminated.
263-CITE: 683 So.2d 1129 William Henry BRUNNER, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, Judge. Appellant was convicted of first degree murder with a firearm, burglary with
a...ng. Accordingly, we find no error on this point. We reverse and remand for a new trial. GROSS,
J., and GERSTEN, CAROL R., Associate Judge, concur.
264-CITE: 636 So.2d 179 Robert M. DEVINE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robert M. Devine was placed on probation for dealing in stolen property in
1992....lete probation. We affirm the sentence including all of the terms of probation. SENTENCE
AFFIRMED. PETERSON, DIAMANTIS and THOMPSON, JJ., concur.
265-CITE: 673 So.2d 57 STATE of Florida, Appellant Cross-Appellee v. Keith A. TAGNER, Appellee
Cross-Appellant.
TEXT: PARIENTE, Judge. In a prosecution for DUI manslaughter, the state appeals a non-final order
...he state s case is so strong, without regard to that evidence, that its introduction serves no
useful purpose other than as a prejudicial influence.
266-CITE: 441 So.2d 1111 Paul OWEN, Appellant, v. The STATE of Florida, Appellee.
TEXT: FERGUSON, Judge. Appellant was charged with first-degree murder. A jury rejected his
defense...fense to any crime requiring specific intent. Edwards v. State, 428 So.2d 357 (Fla. 3d DCA
1983); Russell v. State, 373 So.2d 97 (Fla. 2d DCA 1979).
267-CITE: 595 So.2d 270 Otis Lamar BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. We affirm defendant s conviction for trafficking in cocaine. We cannot
conclud...rgument that after the stop there was insufficient probable cause to search defendant s
car. Affirmed. RYDER, Acting C.J., and DANAHY, J., concur.
268-CITE: 543 So.2d 367 James TAYLOR, Appellant, v. FLORIDA PAROLE AND PROBATION COMMISSION, Appellee.
TEXT: BARFIELD, Judge. James Taylor appeals from an order denying his petition for writ of
mandamu... opinion. NIMMONS and MINER, JJ., concur. ------------ (FN3) In fact, appellant was cited
again for use of alcohol in the 1986 incident (R. 58-64).
269-CITE: 563 So.2d 1086 Sandra HEBERLING, as Personal Representative of the Estate of Latisha
Heberling, deceased, Appellant Cross Appellee, v. Joel FLEISHER, M.D., Philip C. Weimer, M.D. &
P.A., Stephen Z. Gervin, M.D. and Stephen Z. Gervin, M.D., P.A., Appellees Cross Appellants, and
Gateway Hospital Corporation d b a Pembroke Pines General Hospital and the Florida Patients
Compensation Fund, Appellees.
TEXT: LETTS, Judge. During a medical malpractice jury trial, which resulted in a defense verdict,
...elieve the other error which the majority discusses to have been harmless, and as the majority
suggests, would not warrant reversal, standing alone.
270-CITE: 660 So.2d 395 Thomas BRYANT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this Anders appeal (FN1) we vacate appellant s sentence, and remand for the
t...TED; REMANDED. COBB, GOSHORN and GRIFFIN, JJ., concur. ------------ (FN1) Anders v. California,
386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
271-CITE: 646 So.2d 264 Shawn Cottrell WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant s counsel has filed a brief pursuant to Anders v. California, 386
U.S....nstatutory conditions may be stricken. Tillman v. State, 592 So.2d 767 (Fla. 2d DCA 1992).
DANAHY, A.C.J., and THREADGILL and LAZZARA, JJ., concur.
272-CITE: 689 So.2d 372 Paleno ESTRADA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant, Paleno Estrada, challenges his judgment and sentence for
aggravat...y v. State, 648 So.2d 308 (Fla. 2d DCA 1995). We affirm the sentence in all other
respects. CAMPBELL, A.C.J., and LAZZARA and WHATLEY, JJ., concur.
273-CITE: 693 So.2d 1137 Christopher ELWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Elwell appeals the summary denial of his motion for postconviction relief filed
...ing the merits of appellant s claim, we reverse and remand for proceedings consistent with this
opinion. MINER, LAWRENCE and PADOVANO, JJ., concur.
274-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.
275-CITE: 524 So.2d 741 Russell James GERMAK, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks review of his conviction and sentence for driving under the
infl...error in scoring his prior New Jersey conviction. AFFIRMED IN PART; REVERSED IN PART and
REMANDED. HERSEY, C.J., and DELL and WALDEN, JJ., concur.
276-CITE: 756 So.2d 168 Morton L. WALD, Appellant, v. CITY OF MARGATE, a Florida municipal corporation,
Lee Edstrand, individually and as a police officer of the City of Margate, Ron Cochran, as the
Sheriff of Broward County, Florida, Appellees.
TEXT: KLEIN, J. The issue presented by the appeal is whether an appellee, Officer Edstrand of the
...73 L.Ed.2d 396 (1982) and City of Hialeah v. Fernandez, 661 So.2d 335 (Fla. 3d DCA 1995)). We
therefore reverse. FARMER and STEVENSON, JJ., concur.
277-CITE: 505 So.2d 640 William Randall COWAN, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. Cowan appeals from a sentence imposed pursuant to the sentencing guidelines
af...the guidelines. Williams v. State, 492 So.2d 1308 (Fla.1986); Powell v. State, 495 So.2d 828
(Fla. 1st DCA 1986). ERVIN and WIGGINTON, JJ., concur.
278-CITE: 719 So.2d 1223 STATE of Florida, Appellant, v. Craig A. HENDERSON, Appellee.
TEXT: GRIFFIN, Chief Judge. The State of Florida appeals an order suppressing evidence obtained
by... 1994); State v. Silver, 498 So.2d 580, 581 (Fla. 4th DCA 1986), review denied, 506 So.2d 1043
(Fla.1987). REVERSED. COBB and ANTOON, JJ., concur.
279-CITE: 522 So.2d 887 Mark Well CURRY, III, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. The issue we address in this opinion is whether the Intoxilyzer,
... certified question in the affirmative and affirm the trial court s denial of the defendant s
motion to suppress. SCHOONOVER and HALL, JJ., concur.
280-CITE: 649 So.2d 1388 STATE of Florida, Appellant, v. Marylee MANFREDONIA and James D. Slayton,
Appellees.
TEXT: ANSTEAD, Justice. We have on appeal State v. Manfredonia, 629 So.2d 306 (Fla. 2d DCA 1993),
...ve of State v. Alves, 610 So.2d 591 (Fla. 5th DCA 1992). It is so ordered. GRIMES, C.J., and
OVERTON, SHAW, KOGAN, HARDING and WELLS, JJ., concur.
281-CITE: 523 So.2d 762 Barbara Ann MAGAW, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Barbara Ann Magaw appeals the judgment and sentence rendered against. her
for..., 497 So.2d 638 (Fla.1986) still valid in light of section 316.193(3)(c) Florida Statutes
(Supp.1986)? Affirmed. ERVIN and BARFIELD, JJ., concur.
282-CITE: 697 So.2d 1291 Gabriel FISHER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant, Gabriel Fisher, was convicted on two counts of sale of cocaine,
i...ntest the amount of the fee before it may reimpose it. See Buiey. Affirmed in part and reversed
in part. ALLEN, WEBSTER and PADOVANO, JJ., concur.
283-CITE: 561 So.2d 685 David J. PARRISH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The state concedes, and we agree, that it was error for the trial court to
enter... Count II and remand with directions that such conviction be vacated, and affirm in all
other respects. ANSTEAD, GLICKSTEIN and POLEN, JJ., concur.
284-CITE: 730 So.2d 346 William JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: HAZOURI, J. The defendant was charged by information with battery on a law enforcement
offic... justness of a cause, the credibility of a witness, the culpability of a civil litigant, or
the guilt or innocence of an accused. (Emphasis added).
285-CITE: 662 So.2d 436 Jennifer R. LEIGH, et al., Appellants, v. DON BAILEY CARPETS, INC., et al.,
Appellees.
TEXT: PER CURIAM. The undisputed facts in this consolidated appeal establish as a matter of law
th...Coast Props., Inc., 557 So.2d 74 (Fla. 3d DCA), review denied, 574 So.2d 143 (Fla.1990).
Accordingly, the summary judgment under review is affirmed.
286-CITE: 478 So.2d 1050 Mark Andrew BURCH, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Mark Burch appeals his conviction for first-degree murder and his sentence
impos...-hand, or that the trial court can usurp the responsibility of the jury to determine the
credibility of the witnesses or the weight of the evidence.
287-CITE: 635 So.2d 93 Bonnie LAMBERT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s convictions, but reverse two conditions of probation. We
r...t be charged with an unintentional violation of it. See Dean v. State, 629 So.2d 1106 (Fla. 4th
DCA 1994). WARNER, KLEIN and PARIENTE, JJ., concur.
288-CITE: 465 So.2d 549 Richard STRONG, Appellant, v. The STATE of Florida, Appellee.
TEXT: BASKIN, Judge. Strong appeals his convictions for manslaughter. We reverse upon a finding
th...ases which do not involve the suspension of driver s licenses as a statutory sanction, if
otherwise admissible under the general rules of evidence).
289-CITE: 597 So.2d 770 Carl Andrew HAAS, Petitioner, v. STATE of Florida, Respondent.
TEXT: GRIMES, Justice. We review Haas v. State, 567 So.2d 966 (Fla. 5th DCA 1990), in which the
co...issent in part and would remand this case to the trial court with instructions to vacate the
DUBAL convictions and sentences. BARKETT, J., concurs.
290-CITE: 729 So.2d 954 Joseph Rodney COLLIER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Collier appeals the denial of his motion for postconviction relief filed
pursuan... demonstrate conclusively that Collier is entitled to no relief, we reverse and remand for
further proceedings. ALLEN, WOLF and DAVIS, JJ., concur.
291-CITE: 743 So.2d 1125 Joy FRIEDRICH, Appellant, v. STATE of Florida, Appellee.
TEXT: GUNTHER, J. The defendant appeals her convictions and sentences for DUI-manslaughter and
DUI... records exception in the present case. Accordingly, we affirm the defendant s convictions and
sentences. AFFIRMED. DELL and HAZOURI, JJ., concur.
292-CITE: 546 So.2d 798 STATE of Florida, Appellant, v. Elishua Joshua WRIGHT, Appellee.
TEXT: NIMMONS, Judge. The state appeals from an order dismissing three of the four counts
charging... 1988); Douglas v. State, 349 So.2d 694 (Fla. 1st DCA 1977). Accordingly, the order of
dismissal is REVERSED. THOMPSON and WIGGINTON, JJ., concur.
293-CITE: 601 So.2d 619 Kendall Douglas PRATT, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant, after a jury trial, was convicted of resisting an officer without
v...lcohol. Reversed and remanded for a new trial; conditions of probation affirmed in part and
stricken in part. RYDER, A.C.J., and BLUE, J., concur.
294-CITE: 613 So.2d 588 STATE of Florida, Appellant, v. Rafael BURGOS, Appellee.
TEXT: PER CURIAM. The state appeals a downward departure sentence, and we conclude that while the
...and was a good candidate for long term residential treatment, the trial court s downward
departure probably could be justified under Herrin as well.
295-CITE: 516 So.2d 1060 Brenda Evette Glenn CREACH, Appellant, v. Brian William CREACH, Appellee.
TEXT: PER CURIAM. We agree with the appellant wife that the trial court abused its discretion in
g.... 4th DCA 1979); Adams v. Adams, 376 So.2d 1204 (Fla. 3d DCA 1979), cert. denied, 388 So.2d 1109
(Fla.1980). Reversed and remanded with directions.
296-CITE: 656 So.2d 499 Ben D. LIVINGSTON, Appellant, v. TUCKER CONSTRUCTION & ENGINEERING, INC. and
Florida Unemployment Appeals Commission, Appellees.
TEXT: WHATLEY, Judge. The appellant, Ben D. Livingston, challenges an order of the Unemployment
Ap...r receipt of unemployment compensation benefits. Accordingly, the instant case is reversed and
remanded. DANAHY, A.C.J., and CAMPBELL, J., concur.
297-CITE: 711 So.2d 616 B.M., Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
TEXT: PER CURIAM. B.M. (Mother) appeals the trial court s order adjudicating B.M. s two youngest
d...e Children were at prospective risk of neglect and they support the trial court s adjudication
of dependency. For the foregoing reasons, we affirm.
298-CITE: 688 So.2d 337 Kenneth SIMS, Appellant, v. STATE of Florida, Appellee.
TEXT: J. ROGERS PADGETT, Associate Judge. Kenneth Sims challenges his adjudication for carrying a
...t portion of condition (20) discussed above. Affirmed in part, reversed in part and remanded for
resentencing. PATTERSON and WHATLEY, JJ., Concur.
299-CITE: 610 So.2d 467 STATE of Florida, Appellant, v. Starla BUCHANON, Appellee.
TEXT: PER CURIAM. The sole evidence to support the law enforcement officer s probable cause to
ord...of this test are inadmissible because this drunk driver caused a serious, rather than a minor,
accident. I would reverse this order of suppression.
300-CITE: 678 So.2d 1339 Jeffrey RINGLING, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant pled nolo contendere to manufacture of cannabis and
...court s denial of appellant s motion to suppress, we strike the conditions of probation and costs
enumerated above. PARKER and FULMER, JJ., concur.
301-CITE: 496 So.2d 1007 STATE of Florida, Appellant, v. Joseph D ALEXANDER, Appellee.
TEXT: RYDER, Judge. The state appeals an order in which the trial court adjudicated appellee
guilt...cordance with the sentencing guidelines. Affirmed in part, reversed in part and remanded
with instructions. GRIMES, A.C.J., and SCHEB, J., concur.
302-CITE: 619 So.2d 1057 Miguel Angel ESTRADA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Miguel Angel Estrada, challenges certain conditions of his probation
...r in the other challenged condition and the imposition of costs and, accordingly, affirm.
CAMPBELL, A.C.J., and SCHOONOVER and PARKER, JJ., concur.
303-CITE: 659 So.2d 1365 PINELLAS COUNTY, By and Through the BOARD OF COUNTY COMMISSIONERS, Appellant
Cross-Appellee, v. Thomas Anthony BETTIS, Sr., Personal Representative of the Estate of Thomas
Anthony Bettis, Jr.; Thomas Anthony Bettis, Sr. and Marlene P. Bettis, Appellees Cross-Appellants.
TEXT: QUINCE, Judge. Pinellas County (the County) appeals various trial and posttrial rulings in
a...future judgments for damages and or attorney s fees should be awarded consistent with this
opinion. SCHOONOVER, A.C.J., and ALTENBERND, J., concur.
304-CITE: 588 So.2d 253 STATE of Florida, Appellant, v. In the Interest of G.B., a child, Appellee.
TEXT: WOLF, Judge. The state appeals from an order suppressing certain evidence given to a police
...in the lower court s order regarding the nature of the encounter were unsupported. We,
therefore, affirm. KAHN, J., concurs. BOOTH, J., dissents.
305-CITE: 691 So.2d 571 Dawn Michele NUNLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, having been convicted of driving with a suspended license and
po...ccordingly, conditions eight and twenty are stricken. See Justice v. State, 674 So.2d 123
(Fla.1996). THREADGILL, C.J., and SCHOONOVER, J., concur.
306-CITE: 696 So.2d 831 Michael L. JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Michael Johnson appeals his convictions and sentences for aggravated assault
and.... Mr. Johnson s convictions and sentences are otherwise affirmed. Affirmed as modified.
PATTERSON, A.C.J., and ALTENBERND and FULMER, JJ., concur.
307-CITE: 679 So.2d 367 Richard BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm both conditions of probation except for that portion of condition
elev...l. See Biller v. State, 618 So.2d 734 (Fla.1993); Fernandez v. State, 677 So.2d 332 (Fla. 4th
DCA 1996). GLICKSTEIN, WARNER and GROSS, JJ., concur.
308-CITE: 500 So.2d 657 STATE of Florida, Appellant, v. Danny Ray WEITZ, Appellee.
TEXT: BARFIELD, Judge. Danny Ray Weitz was charged with DUI, in violation of section 316.193,
Flor...rejudicial effect of that fact on the jury appear to virtually eliminate the possibility of a
conviction for DUI controlled substances in his court.
309-CITE: 632 So.2d 593 David Joseph MEHL, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We have for review Mehl v. State, 602 So.2d 1383 (Fla. 5th DCA 1992), which
cert...rther proceedings consistent with our views. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
310-CITE: 652 So.2d 834 W. Lewis YARBOROUGH, M.D., and W. Lewis Yarborough, M.D., P.A., individually,
jointly and severally, Petitioner, v. Joan S. LEWIS, Respondent.
TEXT: PER CURIAM. W. Lewis Yarborough, M.D., seeks certiorari review of a pretrial discovery
order...f. (emphasis supplied.) *836 Petition granted, the writ issued, and the order below
quashed. RYDER, A.C.J., and PARKER and PATTERSON, JJ., concur.
311-CITE: 755 So.2d 842 STATE of Florida, Appellant, v. Mark ATKINSON, Gary Bernau, Ray Allen Tanguay,
et al, Appellees.
TEXT: COBB, J. The Volusia County court dismissed pending DUI cases against multiple defendants
on...verse the dismissal orders of the county court, and remand for further proceedings consistent
with this opinion. DAUKSCH and THOMPSON, JJ., concur.
312-CITE: 431 So.2d 342 S.W., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. S.W. appeals her adjudication of delinquency for possession of alcohol by a
mino... upon constructive possession. Dean v. State, 406 So.2d 1162 (Fla. 2d DCA 1981). AFFIRMED.
GRIMES, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.
313-CITE: 519 So.2d 760 Thomas WATKINS, Appellant, v. STATE of Florida, Appellee.
TEXT: SMITH, Chief Judge. Appellant appeals his conviction for robbery with a firearm raising
seve...result. ------------ (FN1) The former voluntary intoxication instruction, 2.11(c), did not
survive the 1981 amendments to the standard instructions.
314-CITE: 702 So.2d 569 Francis M. JOLY, Appellant, v. STATE of Florida, Appellee.
TEXT: NORTHCUTT, Judge. Francis Joly pleaded nolo contendere to two charges that he obtained
prope... were committed in February 1995. Consequently, our reasoning in Johnson v. State, 701 So.2d
367 (Fla. 2d DCA 1997), is not applicable in this case.
315-CITE: 679 So.2d 50 Willie James MONROE, Appellant Cross-Appellee, v. STATE of Florida, Appellee
Cross-Appellant.
TEXT: PER CURIAM. In this appeal and cross-appeal, the parties assert various errors in the trial
...re inadmissible hearsay where they were the only evidence establishing the defendant s drug use,
and there was no field test performed as in Hayes).
316-CITE: 468 So.2d 358 George DEMOYA, Caribex International Co., Inc., a Florida corporation, and
Lumbermens Mutual Casualty Company, a foreign corporation, Appellants, v. Sandra LORENZO, as
Personal Representative of Kenneth Lorenzo, Deceased, Appellee.
TEXT: BASKIN, Judge. DeMoya appeals an adverse final judgment entered in a wrongful death action
b... trial court on the basis that our holding in Nunziato is binding as a matter of stare decisis
where the facts are the same. Reversed and remanded.
317-CITE: 711 So.2d 597 Johnny FAIRES, Petitioner, v. The STATE of Florida, Respondent.
TEXT: SORONDO, Judge. Johnny Faires petitions this Court for a Writ of Certiorari to quash the
opi...r courts, we note that the trial of this case and the appeal to the Circuit Court were
conducted before the publication of our decision in Williams.
318-CITE: 723 So.2d 390 STATE of Florida, Appellant, v. M.A.G., a child, Appellee.
TEXT: PATTERSON, Acting Chief Judge. The State appeals from a final disposition order which
suspen...hway, Safety and Motor Vehicles to suspend M.A.G. s driving privileges for two years.
Reversed and remanded. ALTENBERND and SALCINES, JJ., Concur.
319-CITE: 547 So.2d 297 Leroy Anthony SILER, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant Siler, a retired police officer, was convicted of armed burglary
o... (Fla.1967). Therefore, for the foregoing reasons the convictions under review, and sentences
thereon, be and they are, hereby affirmed. Affirmed.
320-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.
321-CITE: 556 So.2d 1193 Robert J. EDWARDS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks reversal of the denial of a motion filed under Rule 3.850,
Flori...did not fall outside the wide range of acceptable conduct, the order denying relief is
AFFIRMED. SHIVERS, C.J., and SMITH and NIMMONS, JJ., concur.
322-CITE: 618 So.2d 762 James BLORE, Petitioner, v. Hon. Eugene J. FIERRO, Circuit Court Judge, and
Circuit Court, Appellate Division, Eleventh Judicial Circuit of Florida in and for Dade County,
Respondents,
TEXT: PER CURIAM. Petitioner, James Blore, seeks a writ of prohibition restraining the Appellate
D... state appeal pursuant to Rule 9.140(c)(1)(B). Accordingly, the petition for writ of prohibition
is denied. Prohibition denied; conflict certified.
323-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.
324-CITE: 672 So.2d 71 Carolene WATSON, Appellant, v. STATE of Florida, Appellee.
TEXT: SHAHOOD, Judge. Appellant, Carolene Watson, appeals her conviction, after a jury trial, for
...s costs were awarded but not reflected in the written order. Affirmed in part, reversed in part,
and remanded. GLICKSTEIN and FARMER, JJ., concur.
325-CITE: 757 So.2d 550 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Brian FARR,
Respondent
TEXT: W. SHARP, J. The State of Florida Department of Highway Safety & Motor Vehicles
(Department)... v. Green, 702 So.2d 584 (Fla. 2d DCA 1997). GRANT WRIT; QUASH ORDER OF CIRCUIT
COURT. THOMPSON, J. concurs. GRIFFIN, J., concurs in result only.
326-CITE: 610 So.2d 670 David BOSWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. Appellant was indicted for first degree murder and convicted by a jury of
mur...view of the foregoing, we reverse the judgment and sentence and remand the cause to the trial
court for a new trial. ANSTEAD and DELL, JJ., concur.
327-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.
328-CITE: 535 So.2d 702 STATE of Florida, Petitioner, v. Jo-El Paul NAUMOWICZ, Respondent.
TEXT: WENTWORTH, Judge. Petitioner seeks a writ of certiorari for review of a nonfinal pretrial
or...)(3), the trial court properly denied the state s motion in limine. The petition for writ of
certiorari is denied. MILLS and SHIVERS, JJ., concur.
329-CITE: 723 So.2d 389 STATE of Florida, Appellant, v. P.J.A., a child, Appellee.
TEXT: PATTERSON, Acting Chief Judge. The State appeals from a final disposition order which
suspen...ect, the Department should give P.J.A. credit for the time his license was suspended.
Reversed and remanded. ALTENBERND and SALCINES, JJ., Concur.
330-CITE: 577 So.2d 680 Howard S.BROOKS, Appellant, v. STATE of Florida, Appellee.
TEXT: LETTS, Judge. In this case in which the defendant was found guilty of DUI manslaughter, the
...e error. Wilhelm v. State, 568 So.2d 1 (Fla.1990). We reverse and remand for a new trial.
REVERSED AND REMANDED. GUNTHER and WARNER, JJ., concur.
331-CITE: 650 So.2d 1021 Keith GEHRMANN, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. This Petition for Writ of Certiorari is directed to the circuit court sitting
in... to the defense. We deny certiorari, as the circuit court applied the correct law in reaching
its decision. GUNTHER, STONE and POLEN, JJ., concur.
332-CITE: 724 So.2d 591 Oscar BEASLEY, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant challenges the denial of his rule 3.850 postconviction petition,
...la. 2d DCA 1993); Fla. R.Cr. P. 3.172(c)(1). Accordingly, we remand to allow appellant to
withdraw his plea. PARKER, C.J., and QUINCE, J., Concur.
333-CITE: 672 So.2d 95 Johnny MILLER, Appellant, v. The STATE of Florida, Appellee.
TEXT: SCHWARTZ, Chief Judge. During the course of his appearance on an unrelated charge of
indirec...matter can be adequately addressed in the first instance by the trial judge (assuming he
or she is not the offender) short of a contempt proceeding.
334-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.
335-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.
336-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.
337-CITE: 656 So.2d 453 Terje PERSEN, et al., Petitioners, v. The SOUTHLAND CORPORATION, etc., et al.,
Respondents.
TEXT: KOGAN, Justice. We have for review Persen v. Southland Corp., 640 So.2d 1228 (Fla. 4th DCA
1...ject to liability under section 768.125. It is so ordered. GRIMES, C.J., and OVERTON, SHAW,
HARDING and WELLS, JJ., concur. ANSTEAD, J., recused.
338-CITE: 450 So.2d 1254 The STATE of Florida, Appellant, v. James F. SCHMITZ, Appellee.
TEXT: SCHWARTZ, Chief Judge. The state appeals from a pre-trial order in a manslaughter-DUI case
w... terms it seems to warrant, such a change-of-face-and-heart will not be permitted to succeed.
See State v. Belien, 379 So.2d 446 (Fla. 3d DCA 1980).
339-CITE: 528 So.2d 1208 Carlton ROLLE, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. Appellant, Carlton Rolle, was charged and convicted of felony driving under
t...ven. Therefore, we reverse appellant s judgment of conviction and sentence and remand this
cause for a new trial. WALDEN and GUNTHER, JJ., concur.
340-CITE: 582 So.2d 1245 In the Interest of C.T., a child.
TEXT: PER CURIAM. Appellant, a minor, was charged by petition for delinquency with attempted
batte...strating the difficulty for an adult to trigger this jolt alone, it would be naive for me to
expect this child to do it without help from somewhere.
341-CITE: 472 So.2d 1205 Floyd Joseph HALL and Waste Management, Inc., Petitioners, v. Clarence R.
SPENCER, et al., Respondents.
TEXT: GLICKSTEIN, Judge. This is a petition for writ of common law certiorari for review of a
prod... be discussed here. Since there is Florida law governing the present issue, and we are not
considering the federal questions, this argument is moot.
342-CITE: 751 So.2d 94 Gary LANOUE, Appellant, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT, Appellee.
TEXT: KAHN, J. In this case, Gary Lanoue appeals an order entered by an administrative law judge
(...). Accordingly, we affirm this portion of the order on appeal. AFFIRMED in part and REVERSED in
part and REMANDED. JOANOS and BENTON, JJ., CONCUR.
343-CITE: 510 So.2d 1180 STATE of Florida, Appellant, v. William Kevin FLOYD, Appellee.
TEXT: DELL, Judge. The State of Florida appeals from an order granting a motion to suppress
result...halyzer examination. See Mobley v. State, 335 So.2d 880 (Fla. 4th DCA 1976). AFFIRMED.
DOWNEY, J., concurs. WALDEN, J., dissents without opinion.
344-CITE: 664 So.2d 275 Michael DACEK, Appellant, v. STATE of Florida, Appellee.
TEXT: WOLF, Judge. Michael Dacek appeals, challenging certain costs which were imposed after he
en...mand to the trial court to perform the ministerial duty of striking these costs. We affirm as
to all other costs. LAWRENCE and BENTON, JJ., concur.
345-CITE: 580 So.2d 656 Patricia DEJEREZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse and remand for a new trial on the authority of Wilhelm v. State, 568
...e trial court s evidentiary rulings and our reversal renders moot the issues raised concerning
sentencing. ANSTEAD, WARNER and FARMER, JJ., concur.
346-CITE: 562 So.2d 710 Jo-el Paula NAUMOWICZ, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Jo-el Paula Naumowicz has appealed from a conviction of DUI manslaughter. We
...cise of its power to pardon Naumowicz with regard to that death. We therefore affirm as to this
issue. Affirmed. SMITH and WENTWORTH, JJ., concur.
347-CITE: 632 So.2d 709 Teodomiro GOMEZ-RODRIQUEQ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant Teodomiro Gomez-Rodriqueq entered a plea of nolo contendere to the
off...dition is, therefore, invalid. See Biller v. State, 618 So.2d 734 (Fla.1993). AFFIRMED as
modified. W. SHARP, DIAMANTIS and THOMPSON, JJ., concur.
348-CITE: 548 So.2d 715 Judith Lee BUCK, Appellant, v. GULF LIFE INSURANCE CO., Appellee.
TEXT: STONE, Judge. The beneficiary under an accidental death insurance policy appeals from a
fina...r of law, the issue of whether the accident occurred independently of all other causes is for
the trier of fact. GLICKSTEIN and POLEN, JJ., concur.
349-CITE: 692 So.2d 936 STATE of Florida, Petitioner, v. Kevin TALTY and Gino Rubio, Respondents.
TEXT: WARNER, Judge. The state petitions for certiorari from two decisions of the circuit court
si...d 1381 (Fla. 1st DCA 1987); Graybar Elec. Co. v. Florida Dep t of Revenue, 347 So.2d 718 (Fla.
3d DCA 1977), cert. denied, 358 So.2d 134 (Fla.1978).
350-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.
351-CITE: 629 So.2d 306 STATE of Florida, Appellant, v. Marylee MANFREDONIA and James D. Slayton,
Appellees.
TEXT: CAMPBELL, Judge. In this appeal, the state challenges two trial court orders, one as to
each...d adopt and follow the reasoning of our colleagues in State v. Alves, 610 So.2d 591 (Fla. 5th
DCA 1992). RYDER, A.C.J., and THREADGILL, J., concur.
352-CITE: 640 So.2d 1228 Terje PERSEN and Elizabeth Dryhurst, as Personal Representative of the Estate
of Mette Valland, Appellants, v. The SOUTHLAND CORPORATION, a Texas corporation, Phil and Eddie s
Inc., a Florida corporation, Carol Bray Enterprises, Appellees.
TEXT: POLEN, Judge. Plaintiff-appellants Terje Persen and Elizabeth Dryhurst (personal
representat...Y TO A RETAIL SELLER WHO SELLS TO AN ADULT CLOSED CONTAINER ALCOHOLIC BEVERAGES FOR
CONSUMPTION OFF PREMISES? ANSTEAD and STEVENSON, JJ., concur.
353-CITE: 744 So.2d 1175 Richard N. FOBURG, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Richard N. Foburg appeals his convictions of handling and fondling C.U., a
child... the detective. Accordingly, we reverse Foburg s convictions and remand for a new trial.
WHATLEY, A.C.J., and NORTHCUTT and SALCINES, JJ., Concur.
354-CITE: 670 So.2d 1113 Robert Lee WEISS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s conviction in all respects but note that the trial court
o.... State, 617 So.2d 405 (Fla. 4th DCA 1993); Tannihill v. State, 559 So.2d 608 (Fla. 4th DCA
1990). GUNTHER, C.J., and STONE and POLEN, JJ., concur.
355-CITE: 656 So.2d 1386 GUSTAFSON S DAIRY, INC. PROFESSIONAL ADMINISTRATORS, INC., Appellants, v. Daris
PHILLIPS, Appellee.
TEXT: BARFIELD, Judge. The employer and carrier (E C) appeal a compensation order which denied
dis...s and the JCC therefore erred in awarding medical benefits in this case. Accordingly, the
order on appeal is REVERSED. KAHN and DAVIS, JJ., concur.
356-Courtney E. Toole, Merele Travis, Bobbie A. Victory, William J. Vollmar, and Everett Stanton Walden,
Appellees. STATE of Florida, Appellant, v. Peter CARACAUS, Archie E. Griffis, Wayne Hoskins, Edwin
Stiffler, and Rafael Velez, Appellees. STATE of Florida, Appellant, v. David Leroy MILLER, William
Sanford Wallace, and James Edward Anderson, Appellees.
TEXT: PARKER, Judge. The State of Florida challenges orders of the county court of Polk County
whi... expert testimony regarding the rules relating to breath testing, the periodic inspection
procedures, and the forms used when testing the equipment.
357-CITE: 578 So.2d 518 Linda R. GAVIN and John Gavin, Appellants, v. PROMO BRANDS USA, INC., a Florida
corporation, Appellee.
TEXT: JOHN E. FENNELLY, Associate Judge. Appellants, Linda and John Gavin, plaintiffs below,
appea...Appellants remaining points do not demonstrate that any error which may have occurred
warrants reversal. AFFIRMED. ANSTEAD and STONE, JJ., concur.
358-CITE: 611 So.2d 1260 Timothy FREEMAN, Dani Enix, Christopher Gordon, Mary R. Kinkle, Denise
Lindemann, Jeanette McMorris, David Neason, Jim Onitveros, David Rabassi, David A. Rose and Gary
Espey, Petitioners, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. The petitioners have filed a petition for writ of certiorari seeking review of
t...ot depart from the essential requirements of law. The petition for writ of certiorari is denied.
DANAHY, A.C.J., and FRANK and PARKER, JJ., concur.
359-CITE: 699 So.2d 311 EXCLUSIVE INVESTMENT MANAGEMENT & CONSULTANTS, INC., d b a New Direction
Counseling, a Florida Corporation, Petitioner Appellant, v. STATE of Florida, AGENCY FOR HEALTH CARE
ADMINISTRATION, Respondent Appellee.
TEXT: PER CURIAM. This is an appeal by Exclusive Investment Management & Consultants (EIMC), d b
a...the services. Nor does anything of record indicate that a psychiatrist or any other physician
actually rendered the services or contracted to do so.
360-CITE: 533 So.2d 851 STATE of Florida, Appellant, v. Carol BOWEN, Appellee.
TEXT: ORFINGER, Judge. After accepting defendant s plea of nolo contendere to one count of DUI
man... cause is remanded for sentencing in accordance with the guidelines. Order VACATED and
REMANDED for resentencing. DAUKSCH and DANIEL, JJ., concur.
361-CITE: 619 So.2d 976 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Robert John BERRY and Edward Farrell McGee, Respondents.
TEXT: ALTENBERND, Judge. The State of Florida, Department of Highway Safety and Motor Vehicles
(th...petitions and quash the circuit court s orders that reinstated Mr. Berry and Mr. McGee s
driving privileges. RYDER, A.C.J., and DANAHY, J., concur.
362-CITE: 475 So.2d 1213 THE FLORIDA BAR, Complainant, v. Thomas W. HEADLEY, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before us on the complaint of The Florida Bar
an...all accrue interest at the rate of 12% per annum. It is so ordered. ADKINS, Acting C.J., and
OVERTON, ALDERMAN, McDONALD and EHRLICH, JJ., concur.
363-CITE: 693 So.2d 1143 Robin FRAZIER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robin Frazier (Frazier) appeals her convictions for driving while under the
infl...irm in all other respects. Affirmed in part, reversed in part, and remanded for consistent
proceedings. MINER, LAWRENCE and PADOVANO, JJ., concur.
364-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.
365-CITE: 536 So.2d 375 STATE of Florida, Appellant, v. Richard Joseph BURNETT, Appellee.
TEXT: PARKER, Judge. The county court has certified to this court the following two questions of
g...ates a substantial risk of death; serious, personal disfigurement; or protracted loss or
impairment of the function of any bodily member or organ.
366-CITE: 678 So.2d 451 Jean MARDY, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Chief Judge. The appellant, Jean Mardy, challenges his judgment and sentence
for...ment and sentence are otherwise affirmed. Accordingly, the instant cause is affirmed in part
and stricken in part. FRANK and LAZZARA, JJ., concur.
367-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.
368-CITE: 521 So.2d 330 Marcie CHU, Appellant, v. STATE of Florida, Appellee.
TEXT: DELL, Judge. The state charged appellant with driving under the influence of alcohol in
viol...alcoholic content thereof or the presence of chemical substances as set forth in Section
877.111 or controlled substances therein. (emphasis added).
369-CITE: 705 So.2d 700 Michael Joe GREEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant has stated a facially sufficient claim of ineffective assistance of
tr...lief. AFFIRMED as to case no. 94-5342, as it does not involve a specific intent crime.
BARFIELD, C.J., JOANOS, J., and SMITH, Senior Judge, concur.
370-CITE: 725 So.2d 441 STATE of Florida, Appellant, v. Joe Nathan BROWN, Appellee.
TEXT: W. SHARP, J. The state appeals from the trial court s order, which suppressed Brown s blood
...v. Silver, 498 So.2d 580 (Fla. 4th DCA 1986), rev. denied, 506 So.2d 1043 (Fla.1987). (FN4) See
State v. Johnson, 695 So.2d 771 (Fla. 5th DCA 1997).
371-CITE: 605 So.2d 456 STATE of Florida, Petitioner, v. Bruce W. ROCK, Respondent.
TEXT: HARDING, Justice. We have for review Rock v. State, 584 So.2d 1110 (Fla. 1st DCA 1991), in
w...nths imprisonment. See Section 775.082(4)(a), Fla.Stat. (1989) (first-degree misdemeanor
punishable by term of imprisonment not exceeding one year).
372-CITE: 654 So.2d 1209 James DAUGHTERY, Jr., a k a James Dawson Andrews, Appellant, v. STATE of
Florida, Appellee.
TEXT: PER CURIAM. The appellant, James Daughtery, Jr., a k a James Dawson Andrews, challenges the
...d is, therefore, affirmed. We, accordingly, affirm the judgments and sentences as modified.
RYDER, A.C.J., and SCHOONOVER and QUINCE, JJ., concur.
373-CITE: 635 So.2d 1005 Cyrus L. McCARTHREN, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. The appellant was tried before a jury and convicted of two offenses: grand
...tention they deserved. *1007 So.2d 701 (Fla.1978). Accordingly, the judgment and sentence is
affirmed. AFFIRMED. DAUKSCH and GRIFFIN, JJ., concur.
374-CITE: 461 So.2d 104 Steven DRURY, et al., Petitioners, v. The Honorable Major B. HARDING, Circuit
Court Judge, Division B, Fourth Judicial Circuit, Duval County, Florida, Respondent.
TEXT: McDONALD, Justice. In Drury v. Harding, 443 So.2d 360, 362 (Fla. 1st DCA 1983), the
district...e for admissibility showing compliance with the rules. It is so ordered. BOYD, C.J.,
and ADKINS, OVERTON, ALDERMAN, EHRLICH and SHAW, JJ., concur.
375-CITE: 568 So.2d 920 Michael L. HERRIN, Petitioner, v. STATE of Florida, Respondent.
TEXT: GRIMES, Justice. We review the decision in State v. Herrin, 555 So.2d 1288 (Fla. 2d DCA
1990... the sentence originally imposed by the trial judge. It is so ordered. SHAW, C.J., and
OVERTON, McDONALD, EHRLICH, BARKETT and KOGAN, JJ., concur.
376-CITE: 468 So.2d 1051 STATE of Florida, Appellant, v. Frank Phillip MILLER, Appellee.
TEXT: ANSTEAD, Chief Judge. This is an appeal from an order suppressing the results of a
blood-alc..., the order of the trial court is reversed and this cause remanded for further
proceedings consistent herewith. GLICKSTEIN and WALDEN, JJ., concur.
377-CITE: 723 So.2d 928 STATE of Florida, Appellant, v. James Francis MANNEY, Appellee.
TEXT: PER CURIAM. Appellant, state, timely appeals an order granting the motion of appellee,
James...able founded suspicion that the records sought contain information relevant to an ongoing
criminal investigation. See Rutherford, 707 So.2d at 1131.
378-CITE: 599 So.2d 728 Diane Regina CONTINO, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Diane Contino seeks certiorari review of a circuit court appellate decision.
Ms...90-0075 AC (A) 02, and State v. Diandrea, No. 90-0072 AC (A) 02, both rendered November 27,
1991, by the Circuit Court in and for Palm Beach County.
379-CITE: 471 So.2d 601 Jay S. REESE, M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD
OF MEDICAL EXAMINERS, Appellee.
TEXT: THOMPSON, Judge. This is an appeal from a final order of the Board of Medical Examiners
(Boa...emanded for the entry of a new order based on the findings of fact and the conclusions of law
of the hearing officer. MILLS and SMITH, JJ., concur.
380-CITE: 589 So.2d 423 Mathew Levon SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: Danahy, Acting Chief Judge. In this appeal from a conviction of theft of a motorcycle, the
a... 1991). Conviction affirmed; sentence reversed and remanded for correction in accordance with
this opinion. PATTERSON and ALTENBERND, JJ., concur.
381-CITE: 553 So.2d 254 Russell WEST, Appellant, v. STATE of Florida, Appellee.
TEXT: GUNTHER, Judge. Russell West (West) appeals the judgments of conviction and sentences for
DU...sed on the conviction for driving with a suspended license but remand for the entry of a
written order thereon. GLICKSTEIN and WALDEN, JJ., concur.
382-CITE: 530 So.2d 986 Johnny Lee FRAZIER, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. Johnny Lee Frazier appeals his conviction and sentence for DUI manslaughter,
...his sentence did not constitute a downward departure from the guidelines. Fla.R.Crim.P.
3.701(d)(10). AFFIRMED. SHIVERS and THOMPSON, JJ., concur.
383-CITE: 723 So.2d 384 KIRKMAN ROAD SPORTS PUB AND RESTAURANT, INC., etc., Appellant Cross-Appellee, v.
Robert DEMPSEY, etc., et al., Appellees Cross-Appellants.
TEXT: PER CURIAM. The issue on appeal is whether the trial court erred in denying a motion for
sum... judgment below was properly denied. We find no merit in the cross-appeal. AFFIRMED.
GRIFFIN, C.J., concurs. HARRIS, J., concurs in result only.
384-CITE: 487 So.2d 34 Johnny Bo PRICE, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. Appellant filed a motion for post-conviction relief pursuant to rule 3.850,
F...are sufficient to warrant the granting of relief. With this clarification, the motion for
rehearing is DENIED. THOMPSON and BARFILED, JJ., concur.
385-CITE: 462 So.2d 1089 THE FLORIDA BAR, Complainant, v. Emmett A. MORAN, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before us on the complaint of The Florida Bar
an...reby entered against respondent, for which let execution issue. It is so ordered. BOYD, C.J.,
and ADKINS, OVERTON, ALDERMAN and SHAW, JJ., concur.
386-CITE: 493 So.2d 528 CAROL ENTERPRISES and Travelers Insurance Company, Appellants, v. Lonnie HELMS,
Appellee.
TEXT: BARFIELD, Judge. The employer carrier appeal the deputy commissioner s order approving a
$52...2 So.2d 443 (Fla. 1st DCA 1980). The employer carrier failed to offer any evidence of
prejudice which would be occasioned to it by such advancement.
387-CITE: 751 So.2d 658 William HICKS, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, J. Appellant was convicted of first degree murder, burglary with an assault or
batter...ir testimony. We have considered the other issues raised by appellant and find them to be
without merit. Affirmed. FARMER and TAYLOR, JJ., concur.
388-CITE: 701 So.2d 641 Edward ZYBURO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Edward Zyburo, challenges the judgments and sentences imposed
upo...udgments and sentences in all other respects. Affirmed as modified. BLUE, A.C.J., and
FULMER, J., and MALONEY, DENNIS P., Associate Judge, concur.
389-CITE: 645 So.2d 507 Blas V. NIEVES, Appellant, v. CAMACHO CLOTHES, INC., d b a Cafe Camacho and O.C.
White s Inc., Appellees.
TEXT: PETERSON, Judge. Blas Nieves appeals the trial court s order of summary final judgment in
fa...(Fla.1973). *510 We vacate the summary final judgment and remand for further proceedings.
REVERSED; REMANDED. GRIFFIN and DIAMANTIS, JJ., concur.
390-CITE: 757 So.2d 548 Robert FECSKE, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, J. Robert Fecske appeals after a jury convicted him of unlawful blood alcohol (UBAL)
...o the other issues raised in Fecske s appeal, we affirm as unpersuasive. AFFIRMED in part;
REVERSED and REMANDED. FARMER and HAZOURI, JJ., concur.
391-CITE: 496 So.2d 129 THE FLORIDA BAR, Complainant, v. Richard E. NEVILLE, Respondent.
TEXT: PER CURIAM. After a hearing on complaint of the Florida Bar, the referee recommends that
Ric... entered against Neville, for which sum let execution issue. It is so ordered. McDONALD,
C.J., and ADKINS, BOYD, OVERTON and EHRLICH, JJ., concur.
392-CITE: 702 So.2d 311 Marcus MILLER, Petitioner, v. STATE of Florida, Respondent.
TEXT: W. SHARP, Judge. We summarily deny Miller s petition for writ of certiorari to review the
tr...rements of law. We also deny Miller s motion for stay in this court as moot. Petition for Writ
of Certiorari DENIED. COBB and HARRIS, JJ., concur.
393-CITE: 627 So.2d 24 David J. RATH, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. Appellant, David Rath appeals his conviction of DUI manslaughter and
vehicul...can. As to the dual convictions, see State v. Chapman, 625 So.2d 838 (Fla.1993).
REVERSED; REMANDED for new trial. COBB and THOMPSON, JJ., concur.
394-CITE: 752 So.2d 625 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Danny HASKINS, Respondent.
TEXT: PER CURIAM. The Department of Highway Safety and Motor Vehicles seeks certiorari review of
a...oncur. ------------ (FN1) Section 901.151(2) Florida Statutes (1991), has not been amended since
State v. Taylor, 648 So.2d 701 (1995), was decided.
395-CITE: 463 So.2d 551 STATE of Florida, Petitioner, v. Hoyt Lee EDWARDS, Respondent.
TEXT: FRANK D. UPCHURCH, Jr., Judge. The State of Florida petitions for a writ of certiorari to
re...2d 720 (Fla. 3d DCA 1966). Petition for writ of certiorari GRANTED and the order of the
circuit court is QUASHED. DAUKSCH and COWART, JJ., concur.
396-CITE: 610 So.2d 591 STATE of Florida, Appellant, v. Alan L. ALVES, Appellee.
TEXT: PETERSON, Judge. The State appeals an order granting Alan L. Alves motion to dismiss an
info...t Alves and its declaration that section 856.015, Florida Statutes (1991), is
unconstitutionally vague. AFFIRMED. DAUKSCH and COWART, JJ., concur.
397-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.
398-CITE: 505 So.2d 537 STATE of Florida, Appellant, v. Bruce DAUGHTRY, Appellee.
TEXT: DOWNEY, Judge. The state appeals the sentence imposed upon appellant, Bruce Daughtry,
becaus...aled from and remand the cause to the trial court for resentencing. REVERSED AND REMANDED,
with directions. HERSEY, C.J., and GUNTHER, J., concur.
399-CITE: 523 So.2d 140 William Melvin WHITE, Petitioner, v. Richard L. DUGGER, Respondent.
TEXT: PER CURIAM. White files this habeas corpus action contending that he is entitled to relief
u...deny relief. It is so ordered. McDONALD, C.J., and OVERTON, EHRLICH, SHAW and GRIMES, JJ.,
concur. BARKETT and KOGAN, JJ., concur in result only.
400-CITE: 702 So.2d 282 STATE of Florida, Appellant, v. Colleen MANALASAY, Appellee.
TEXT: PER CURIAM. The state appeals a motion to suppress a short cut straw, which an officer
obser... defendant was pulled over for appearing to be driving under the influence of alcohol or
drugs). Affirmed. POLEN, KLEIN and PARIENTE, JJ., concur.
401-CITE: 634 So.2d 158 Douglas J. LOVE, Petitioner, v. Luz Maria GARCIA, Respondent.
TEXT: PER CURIAM. We have for review, on express and direct conflict, Love v. Garcia, 611 So.2d
12...or proceedings consistent with this opinion. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
402-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.
403-CITE: 438 So.2d 133 WEST FLORIDA DISTRIBUTORS and Federal Insurance Company, Appellants, v. Sharon
A. LARAMIE, Appellee.
TEXT: JOANOS, Judge. This is an appeal from a deputy commissioner s order awarding death benefits
...e in significantly different circumstances. In all respects the deputy commissioner s order is
AFFIRMED. LARRY G. SMITH, and NIMMONS, JJ., concur.
404-CITE: 605 So.2d 488 STATE of Florida, Appellant, v. Kristina BERGER, Gregory Miller, Michael Tucci
James Haisten, Hans Werner Edling and Michael Veilleux, Appellees.
TEXT: RYDER, Acting Chief Judge. The State of Florida challenges the trial court s granting of
app...ry helpful Judge Demers excellently written and well-reasoned analysis in State v. Westerberg,
16 F.L.W. C149 (Fla. Pinellas Cty.Ct. July 19, 1991).
405-CITE: 596 So.2d 1279 Neva BETHEA n k a Neva Goller, Appellant, v. Thomas BETHEA, Appellee.
TEXT: PER CURIAM. This appeal is brought from an order changing child custody from the mother to
t...t of a fraud, misrepresentation or mistake of fact. Groover v. Groover, 383 So.2d 280 (Fla. 5th
DCA 1980). No such showing has been made. Affirmed.
406-CITE: 498 So.2d 698 STATE of Florida, Appellant, v. Steven J. HILTON, Appellee.
TEXT: COWART, Judge. This is an appeal of an order issued by the County Court for Volusia County,
...430 U.S. 980, 97 S.Ct. 1675, 52 L.Ed.2d 375 (1977); State v. Mitchell, 245 So.2d 618 (Fla.1971);
Pardo v. State, 429 So.2d 1313 (Fla. 5th DCA 1983).
407-CITE: 707 So.2d 415 Timothy A. HARLAN, Appellant, v. STATE of Florida, Appellee.
TEXT: WHATLEY, Acting Chief Judge. In this appeal brought pursuant to Anders v. Californio, 386
U....rdingly, we affirm the judgment and sentence, but strike certain probation conditions imposed
by the trial court. NORTHCUTT and GREEN, JJ., concur.
408-CITE: 675 So.2d 225 Martin GONZALEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Martin Gonzalez appeals his conviction and sentence for D.U.I. manslaughter.
(FN...FIRMED as modified. DAUKSCH, COBB and THOMPSON, JJ., concur. ------------ (FN1) Section
316.193(1), (3)(a), (3)(b), and (3)(c)3., Fla.Stat. (1993).
409-CITE: 525 So.2d 420 STATE of Florida, Petitioner, v. John McCLAIN, Respondent.
TEXT: GRIMES, Justice. This is a petition for review of the decision in State v. McClain, 508
So.2...rict Court of Appeal s decision in the instant case. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, BARKETT and KOGAN, JJ., concur.
410-CITE: 648 So.2d 1246 Ronald SCRITCHFIELD, Petitioner, v. STATE of Florida, DEPARTMENT OF HIGHWAY
SAFETY & MOTOR VEHICLES, Respondent.
TEXT: PER CURIAM. A petition for writ of certiorari has been filed with this court by Ronald
Scrit...Scritchfield have no merit or have been waived, we deny the petition for writ of certiorari.
RYDER, A.C.J., and THREADGILL and FULMER, JJ., concur.
411-CITE: 545 So.2d 929 STATE of Florida, Petitioner, v. Gino J. GEMIGNANI, Respondent.
TEXT: ORDER PER CURIAM. The state initially filed an appeal pursuant to Florida Rule of
Appellate...iorari jurisdiction in accordance with Florida Rules of Appellate Procedure 9.030(c)(2)
and (3). DANAHY, A.C.J., and FRANK and PARKER, JJ., concur.
412-CITE: 659 So.2d 470 Richie D. DAWKINS, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. Richie D. Dawkins appeals his judgments and sentences for two counts of armed
r...d at 763. Accordingly, we affirm the convictions and sentences, but strike certain probation
conditions. THREADGILL, C.J., and DANAHY, J., concur.
413-CITE: 737 So.2d 1227 In the Interest of B.J., C.W., C.W., and T.W. M.W., Appellant, v. State of
Florida, Department of Children and Families, Appellee.
TEXT: PARKER, Acting Chief Judge. M.W. (the Mother) appeals the trial court s order terminating
he...nvincing evidence, we find no error in the trial court s order terminating the Mother s
parental rights. Affirmed. BLUE and STRINGER, JJ., Concur.
414-CITE: 661 So.2d 1313 Juan GARCIA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We find no error in the trial court s violating the defendant s probation for
fa...ssible use of alcohol, drugs or controlled substances. *1314 probation with a proper credit for
time served. Reversed and remanded with directions.
415-CITE: 754 So.2d 889 Jimmy Lewis SMITH, Appellant, v. STATE of Florida, Appellee. v.
TEXT: PER CURIAM. Jimmy Lewis Smith argues that the statements he made to the deputy sheriff who
a...The conviction and sentence are affirmed. AFFIRMED. COBB, PETERSON and GRIFFIN, JJ., concur.
------------ (FN1) Section 838.021, Fla.Stat. (1999).
416-CITE: 450 So.2d 1194 Clyde BAKER, Appellant, v. SCHOOL BOARD OF MARION COUNTY, Appellee.
TEXT: SCOTT, R.C., Associate Judge. The crux of this case it whether Baker s dismissal on grounds
...rder must be REVERSED. DAUKSCH and SHARP, JJ., concur. ------------ (FN2) Baker s brother
apparently used the office to sleep in from time to time.
417-CITE: 667 So.2d 463 Anthony P. MORTON, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. Appellant, Anthony Morton, seeks review of his conviction for the offense of
u...xamination deprived the defendant of his right to a fair and impartial jury. REVERSED and
REMANDED for a new trial. MINER and MICKLE, JJ., concur.
418-CITE: 724 So.2d 653 STATE of Florida, Appellant, v. Rhonnie CLARK, Appellee.
TEXT: HARRIS, J. On February 4, 1997, Clark was charged with driving while license suspended or
re...simply disagrees with the factual findings of the trial judge. I would affirm on the authority
of State v. Hill, 698 So.2d 647 (Fla. 5th DCA 1997).
419-CITE: 579 So.2d 926 Terrance KELLY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the trial court in all respects, except we remand for resentencing
pur...ts earlier ruling that Counts II-VIII have been vacated. AFFIRMED IN PART, REVERSED IN PART
AND REMANDED. LETTS, GUNTHER and GARRETT, JJ., concur.
420-CITE: 728 So.2d 1243 Teresa SIPES, as Personal Representative of the Estate of Roy E. Stamey,
deceased, and Teresa Sipes, individually, Appellant, v. ALBERTSON S INC., etc., et al., Appellees.
TEXT: ON MOTION FOR REHEARING PETERSON, J. Teresa Sipes, individually and as Personal
Representat...s simply too remote from Stamey s injury to be the proximate cause of his death. I
would affirm the dismissal of Stamey s claim against Albertson s.
421-CITE: 555 So.2d 1288 STATE of Florida, Appellant, v. Michael L. HERRIN, Appellee.
TEXT: PARKER, Judge. The state appeals the trial court s downward departure from the established
r...he majority opinion why the trial court s statement that defendant was amenable to
rehabilitation was not a valid reason for the downward departure.
422-CITE: 652 So.2d 503 Terence DAVIS, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. We dismiss this appeal without prejudice to Appellant s moving to withdraw
his...CA 1990); McGinty v. State, 463 So.2d 495 (Fla. *504 2d DCA 1985); Counts v. State, 376 So.2d
59 (Fla. 2d DCA 1979). HERSEY and KLEIN, JJ., concur.
423-CITE: 695 So.2d 1313 James E. HOPPERT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, James E. Hoppert, challenges his judgments and sentences for
lewd...ll other respects. Convictions affirmed; probation conditions stricken in part and modified.
LAZZARA, A.C.J., and FULMER and WHATLEY, JJ., concur.
424-CITE: 519 So.2d 725 STATE of Florida, Appellant, v. David Leo LENDWAY, Appellee.
TEXT: SCHOONOVER, Judge. The State of Florida has appealed an order granting the appellee s
motion... appellee s motion *727 to suppress and remand for proceedings consistent herewith.
Reversed and remanded. DANAHY, C.J., and CAMPBELL, J., concur.
425-CITE: 526 So.2d 48 STATE of Florida, Petitioner, v. Howard Mark SACHS, Respondent.
TEXT: BARKETT, Justice. We have for review State v. Sachs, 507 So.2d 708 (Fla. 2d DCA 1987),
based...s lesser sentence even though upward departure cannot be based on a codefendant s greater
sentence. Sanders v. State, 510 So.2d 296, 298 (Fla.1987).
426-CITE: 460 So.2d 434 ORLANDO WASTE PAPER COMPANY and Johns Eastern Company, Appellants, v. Bobby
MEADOWS (Deceased), Cathy Meadows (Wife), and Bobby Meadows, III (Son), Appellees.
TEXT: THOMPSON, Judge. The employer carrier (E C) appeal an order awarding death benefits to
appel... part of the majority opinion. However, I dissent from the remainder of the opinion, and
would affirm the order appealed from below in its entirety.
427-CITE: 646 So.2d 184 Kenny ALSTON, Petitioner, v. STATE of Florida, Respondent.
TEXT: WELLS, Justice. We have for review Alston v. State, 623 So.2d 1226 (Fla. 3d DCA 1993),
which...on defendant s use of intoxicants to excess where police officer observed appellant
staggering down street, inhaling automobile transmission fluid).
428-CITE: 686 So.2d 810 Roy BENNETT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Roy Bennett appeals his conviction for animal fighting in violation of section
8... POLEN and PARIENTE, JJ., and TAYLOR, CAROLE Y., Associate Judge, concur. ------------ (FN1)
Sinkfield v. State, 681 So.2d 838 (Fla. 4th DCA 1996).
429-CITE: 437 So.2d 230 Delores WALKER and Robert Walker, husband and wife, Appellants, v. I.T.D.
INDUSTRIES, INC., a Florida corporation, and Joseph J. O Brien, Appellees.
TEXT: BOARDMAN, Acting Chief Judge. Plaintiffs Delores and Robert Walker appeal the dismissal
with...sing appellants complaint is REVERSED and the cause REMANDED for further proceedings
consistent with this opinion. CAMPBELL and LEHAN, JJ., concur.
430-CITE: 561 So.2d 1345 Jaime AVALOS, Appellant, v. WILLIFORD FARMS, INC. and Crims, Inc., Appellees.
TEXT: WIGGINTON, Judge. Claimant brings this appeal from the order of the judge of compensation
cl... the foregoing reasons, the order of the judge of compensation claims denying the claim for
benefits is AFFIRMED. SMITH and WENTWORTH, JJ., concur.
431-CITE: 685 So.2d 845 Kathleen Mary HICKEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Kathleen Mary Hickey appeals her judgments and sentences for possession of
cocai...a.Stat. (1991); Tomlinson, 645 So.2d 1. Judgments and sentences affirmed as modified.
SCHOONOVER, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.
432-CITE: 718 So.2d 881 Robert EDWARDS, Appellant, v. ORKIN EXTERMINATING CO., INC., Appellee.
TEXT: PER CURIAM. Robert Edwards ( Edwards ) appeals from the trial court s order granting Orkin
E...t with directions to reinstate the jury s verdict as to liability; and direct the trial court to
conduct a new trial solely on the issue of damages.
433-CITE: 591 So.2d 1011 Brian SCHUMACHER, as personal representative of the Estate of John Schumacher,
Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, d b a Tampa Airport Hilton Hotel, Tampa Airport
Hilton Hotel, City of Tampa, a municipality of the State of Florida, Lawrence G. Tuttle and Tampa
Sports Authority, Appellees.
TEXT: PER CURIAM. Appellant seeks review of the final judgment in favor of appellee Metropolitan
L...t with Ellis and Peoples Restaurant v. Sabo, 591 So.2d 907 (Fla.1991). Reversed and remanded.
SCHOONOVER, C.J., SCHEB and ALTENBERND, JJ., concur.
434-CITE: 460 So.2d 1000 William ALFORD, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Alford challenges his eighteen-month sentence, arguing that the trial
cour...e the guidelines upon stating clear and convincing reasons, or failing such, for sentencing
within the guidelines. JOANOS and NIMMONS, JJ., concur.
435-CITE: 634 So.2d 644 Sondra O NEALE, as parent and legal guardian of Leonard Michael Riley O Neale,
Appellant, v. Harold HERSHOFF, Craig Hershoff, Haruth, Inc., Ed Murdock, and Shell Oil Company,
Appellees.
TEXT: COPE, Judge. Sondra O Neale, as parent and legal guardian of Leonard Michael Riley O Neale,
...nce the suit was filed. Therefore, I would affirm the order granting summary judgment even under
the majority s broad interpretation of the statute.
436-CITE: 605 So.2d 1006 Thornton BRUNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Thornton Brunson, appeals from the trial court s summary denial of
hi...rendering a determination on the merits of the above stated claim. REVERSED and REMANDED with
instructions. ERVIN, MINER and WEBSTER, JJ., concur.
437-CITE: 538 So.2d 127 Arthur SACCHETTI, Appellant, v. Robert J. McDERMOTT, Appellee.
TEXT: DANAHY, Acting Chief Judge. After a three-day nonjury trial, the trial judge entered an
orde...697 (Fla.1971). Having found the findings of fact supported by the record, and the law
correctly applied, we affirm. LEHAN and FRANK, JJ., concur.
438-CITE: 456 So.2d 894 THE FLORIDA BAR, Complainant, v. Edmund A. ADAMO, Respondent.
TEXT: PER CURIAM. This cause is before the Court on respondent s conditional guilty plea to
violat...e amount of $210.00 are assessed against the respondent. It is so ordered. OVERTON,
A.C.J., and ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.
439-CITE: 679 So.2d 842 Robert HILL, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Chief Judge. Robert Hill appeals his sentence for burglary of a dwelling,
challe...ced at sentencing. See *843 Williams v. State, 673 So.2d 536 (Fla. 2d DCA 1996). Affirmed
in part; stricken in part. BLUE and FULMER, JJ., concur.
440-CITE: 543 So.2d 807 Sherry Kay LYNN, Appellant, v. PHILADELPHIA AMERICAN LIFE INSURANCE CO.,
Travelers Insurance Co., Myrtle King Lynn, Individually and as Personal Representative of the Estate
of Donald Earl Lynn, and Ivy Earl Lynn, Appellees.
TEXT: CAMPBELL, Chief Judge. Appellant appeals the final judgment that denied her the right to
col... weight of the evidence demonstrates that appellant s acts equate to an intentional killing of
her husband. Affirmed. SCHEB and HALL, JJ., concur.
441-CITE: 583 So.2d 423 Richard DANIELS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Mr. Daniels appeals his judgment and sentence for grand theft of a motor
vehicle...s. Affirmed in part, and reversed and remanded in part for proceedings consistent
herewith. DANAHY, A.C.J., and LEHAN and ALTENBERND, JJ., concur.
442-CITE: 705 So.2d 147 Lance C. JENSEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Lance Jensen appeals his judgment and sentence after he pled no contest to
sever...l pronouncement controls over written sentence order). DISMISSED IN PART, REVERSED IN PART,
and REMANDED. GLICKSTEIN, DELL and POLEN, JJ., concur.
443-CITE: 565 So.2d 900 PROFESSIONAL UNDERWRITERS INSURANCE COMPANY, Appellant, v. FREYTES & SONS
CORPORATION, INC., etc., et al., Appellees.
TEXT: GRIFFIN, Judge. In 1987, the Freytes and Sons Corporation, Inc., which operates a
convenienc...by the supreme court in Crown, has been obliterated by its very narrow exception .
REVERSED. COWART, J. and ORFINGER, M., Associate Judge, concur.
444-CITE: 681 So.2d 724 Kenneth W. CONLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. On this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct.
13...g costs and conditions are stricken. Conley s judgments and sentences are otherwise affirmed.
DANAHY, A.C.J., and LAZZARA and WHATLEY, JJ., concur.
445-CITE: 670 So.2d 1136 Lynwood TAYLOR, Appellant, v. State of FLORIDA, Appellee.
TEXT: QUINCE, Judge. Lynwood Taylor challenges his conviction for aggravated battery. We find no
m...); Luby v. State, 648 So.2d 308 (Fla. 2d DCA 1995); Nunez v. State, 633 So.2d 1146 (Fla. 2d DCA
1994). CAMPBELL, A.C.J., and PATTERSON, J., concur.
446-CITE: 546 So.2d 78 Robert A. LAFAVE, Appellant, v. BAY CONSOLIDATED DISTRIBUTORS, Fireman s Fund
Insurance Co., and Kemper Insurance Co., Appellees.
TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which a claim
for...ations to deny the claim for benefits for the 1981 back injury, and the cause is remanded for
further proceedings. JOANOS and NIMMONS, JJ., concur.
447-CITE: 681 So.2d 1186 Ricky Lynn NORTON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. After appellate counsel filed a brief pursuant to Anders v. California, 386
U.S....ot orally pronounced at sentencing. Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995) (en
banc). RYDER, A.C.J., and LAZZARA and QUINCE, JJ., concur.
448-CITE: 715 So.2d 360 STATE of Florida, Appellant, v. Scott Thomas KINSMAN, Appellee.
TEXT: COBB, Judge. The state challenges the entry of a downward departure sentence by the trial
co...d State v. Traster, 610 So.2d 572 (Fla. 4th DCA 1992). REVERSED AND REMANDED FOR ENTRY OF A
GUIDELINE SENTENCE. W. SHARP and GOSHORN, JJ., concur.
449-CITE: 517 So.2d 792 Christoper A. JOHNSON, Appellant, v. The STATE of Florida, Appellee.
TEXT: HENDRY, Judge. The appellant was tried by a jury and found guilty of third degree murder,
(F... reversed in part as discussed above, and the cause remanded for sentencing within the
guidelines. Affirmed in part, reversed in part and remanded.
450-CITE: 727 So.2d 1028 Joseph J. CALANDRA, Petitioner, v. STATE of Florida, Respondent.
TEXT: KLEIN, J. Petitioner seeks a writ of habeas corpus claiming that his appellate counsel was
i...who is not a medical expert can testify about a person s mental condition, provided the
testimony is based upon personal knowledge or observation. )
451-CITE: 598 So.2d 150 STATE of Florida, Appellant, v. Michael William POLAK, Gary Clinton Smith,
Travis Berlin Pelt, Christopher J. Stockwell, Dawn Suzanne Williams, Michael Olson, Rodney E.
Martin, Gerald Caldwell, Lonnie Beeman, Bonnie Murphy and Paul Brand, Appellees.
TEXT: ERVIN, Judge. In this criminal appeal, the state challenges a nonfinal county court order
su...n in granting the motion to suppress, and answer as well the second certified question in the
affirmative. AFFIRMED. SMITH and ALLEN, JJ., concur.
452-CITE: 512 So.2d 176 J.C. FEAD, Sr., Appellant, v. STATE of Florida, Appellee.
TEXT: BARKETT, Justice. Appellant J.C. Fead, Sr., appeals his sentence of death pursuant to a
conv...t for one who repeatedly commits murder . . . then for whom can it be said that it is
reserved? I would affirm both the judgment and the sentence.
453-CITE: 733 So.2d 1048 Carita CORPUZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from appellant s conviction for sexual battery upon a person
l... a defense to capital sexual battery. See Askew v. State, 118 So.2d 219, 222 (Fla.1960);
Heddleson v. State, 512 So.2d 957, 959 (Fla. 4th DCA 1987).
454-CITE: 584 So.2d 1110 Bruce W. ROCK, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR CERTIFICATION ERVIN, Judge. Appellant, Bruce W. Rock, seeks review of an
orde...order reciting the specific violations. REVERSED and REMANDED for further proceedings
consistent with this opinion. ZEHMER and MINER, JJ., concur.
455-CITE: 667 So.2d 416 Damon L. MAURO, Appellant, v. DEER PARK SPRING WATER, INC., James Robert Wilson,
and the Clorox Company, Appellees.
TEXT: PER CURIAM. Appellant, Damon Mauro, appeals an order granting a new trial in favor of
appell...d their answer to include the seatbelt defense on re-trial. In all other respects, the
trial court s order is affirmed. Affirmed with instructions.
456-CITE: 530 So.2d 394 Elizabeth Lynn DRUMM, Appellant, v. STATE of Florida, Appellee.
TEXT: WALDEN, Judge. This is an appeal from a conviction and sentence for D.W.I. Manslaughter and
...ress. The conviction is reversed and the cause remanded for a new trial consistent herewith.
Reversed and Remanded. DOWNEY and DELL, JJ., concur.
457-CITE: 745 So.2d 1108 Shawn BOWEN, Petitioner, v. The STATE of Florida, Respondent.
TEXT: COPE, J. Defendant-petitioner Shawn Bowen seeks certiorari review of a decision of the
circu...uestion now before us was not addressed in the Williams case. As the evidence was properly
admitted, the petition for writ of certiorari is denied.
458-CITE: 481 So.2d 979 STATE of Florida, Petitioner, v. Kendra Sue MACIAS, Respondent.
TEXT: HERSEY, Chief Judge. The State of Florida petitions for a writ of certiorari to review the
d...espondent s DUI conviction, and remand for further appropriate proceedings. CERTIORARI GRANTED;
ORDER QUASHED. DOWNEY and GLICKSTEIN, JJ., concur.
459-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.
460-CITE: 691 So.2d 647 Clemens F. CONFERE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Clemens F. Confere appeals the judgment and sentence imposed by the trial court
...6); State v. Hart, 668 So.2d 589 (Fla.1996); Callaway v. State, 658 So.2d 593 (Fla. 2d DCA 1995).
BLUE, A.C.J., and FULMER and QUINCE, JJ., concur.
461-CITE: 625 So.2d 1215 Timothy BOUTWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. Boutwell pleaded no contest to four counts of driving under the influence of
... 199 (1944). Equally, we reject the contention that the amendment should be accepted because the
original misdemeanor text was a scrivener s error.
462-CITE: 651 So.2d 765 Paul WICK, Appellant, v. The STATE of Florida, Appellee.
TEXT: COPE, Judge. Paul Wick appeals his sentence entered after a plea of no contest. We affirm.
...een shown with respect to the remaining points on appeal. Affirmed. ------------ (FN3) The
defense did not call the toxicology expert as a witness.
463-CITE: 478 So.2d 337 THE FLORIDA BAR, Complainant, v. William LACKLAND, Respondent.
TEXT: PER CURIAM. Upon a complaint by The Florida Bar this Court appointed a referee to conduct a
...d against respondent, for which let execution issue. It is so ordered. ADKINS, Acting C.J., and
ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.
464-CITE: 662 So.2d 404 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. David G.
GUTHRIE, Jr., Respondent.
TEXT: BOOTH, Judge. The Department of Highway Safety and Motor Vehicles (Department) petitions
thi...quash the circuit court s order, and remand for further proceedings with directions to apply
the holding in Taylor. JOANOS and BENTON, JJ., concur.
465-CITE: 683 So.2d 557 Kenneth F. LYNCH, Appellant, v. FLORIDA CENTRAL RAILROAD COMPANY, INC.,
Appellee.
TEXT: HARRIS, Judge. The issue in this case is whether Florida Central Railroad Company, Inc.
(Rai...s inability to stop after becoming aware that someone was on the tracks. We find these cases
inapplicable. AFFIRMED. COBB and ANTOON, JJ., concur.
466-CITE: 753 So.2d 131 L.P.M. and J.D.T., Appellants, v. SCHOOL BOARD OF SEMINOLE COUNTY, Florida,
Appellee.,
TEXT: ORFINGER, M., Senior Judge. L.P.M. and J.D.T., both former students at Seminole High
School,...round. Finding no merit in the remaining issues raised by appellants, the order appealed
from is AFFIRMED. ANTOON, C.J. and THOMPSON, J., concur.
467-CITE: 485 So.2d 417 THE FLORIDA BAR, Complainant, v. Jeffrey EHRLICH, Respondent.
TEXT: PER CURIAM. Upon a Petition for Approval of Unconditional Guilty Plea this Court appointed
a...gainst respondent, for which sum let execution issue. It is so ordered. ADKINS, Acting C.J.,
and OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
468-CITE: 696 So.2d 1364 COASTAL RECOVERY CENTERS, INC., Appellant, v. Eugene MATTHEWS, Robert Anderson,
Charles Richards, Jack O Neil And David Mills, as and constituting the Board Of County Commissioners
of Sarasota County, Florida, Appellees.
TEXT: THREADGILL, Judge. Coastal Recovery Centers, Inc., challenges the dismissal of its
complaint...ing so, we are not expressly or impliedly approving Coastal s elected remedy of
mandamus. Reversed. SCHOONOVER, A.C.J., and PATTERSON, J., concur.
469-CITE: 503 So.2d 421 Phillip GARGONE, Appellant, v. The STATE of Florida, Appellee.
TEXT: JORGENSON, Judge. Phillip Gargone appeals his convictions and sentences for manslaughter by
...the dispatcher at the defendant s place of employment and of the defendant himself. I, too, am
of the view that the defendant deserves a new trial.
470-CITE: 691 So.2d 570 Della A. HALL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant pleaded no contest to three charges of possession of illegal
drugs... from the order of probation. Convictions and sentence affirmed except as noted above.
PATTERSON, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.
471-CITE: 513 So.2d 1356 Michelle M. FRENCH, Appellant, v. CITY OF WEST PALM BEACH and West Palm Beach
Banana Boat, Inc., d b a Banana Boat Restaurant and Lounge, Appellees.
TEXT: DELL, Judge. Appellant seeks reversal of an order dismissing her third amended complaint
wit... s third amended complaint with prejudice and remand this cause for further proceedings.
REVERSED and REMANDED. GLICKSTEIN and STONE, JJ., concur.
472-CITE: 442 So.2d 331 STATE of Florida, Appellant, v. Francis PAGACH, Appellee.
TEXT: GRIMES, Judge. The state appeals from an order of the county court suppressing evidence of
a...emand this cause to the county court for further proceedings consistent with this opinion.
REVERSED. BOARDMAN, A.C.J., and SCHOONOVER, J., concur.
473-CITE: 566 So.2d 267 Mary SABO, Appellant, v. SHAMROCK COMMUNICATIONS, INC., et al., Appellees.
TEXT: W. SHARP, Judge. Sabo appeals from a final summary judgment denying her recovery against
Peo...nc., 561 So.2d 1209 (Fla. 2d DCA 1990). REHEARING DENIED; CONFLICT CERTIFIED. COBB and W.
SHARP, JJ., and LEE, R.E., Jr., Associate Judge, concur.
474-CITE: 535 So.2d 691 Lamar ORANGE, Jr. a k a Juice , Appellant, v. The STATE of Florida, Appellee.
TEXT: BARKDULL, Judge. Appellant was charged with first degree murder in the beating death of one
...So.2d 458 (Fla. 1st DCA 1988). The judgment of conviction under review, together with the
sentence, be and the same are hereby affirmed. AFFIRMED.
475-CITE: 692 So.2d 316 Christopher GEARHART, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. In this Anders appeal (FN1) appellant entered a no contest plea to
unlawful...396, 18 L.Ed.2d 493 (1967). (FN2) See Boyd v. State, 688 So.2d 959 (Fla. 2d DCA 1997).
(FN3) See Welborn v. State, 687 So.2d 35 (Fla. 4th DCA 1997).
476-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.
477-CITE: 731 So.2d 816 Leonard Alexander GRAY, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, J. Florida recognizes two types of reduced mental capacity defenses. First, there
is...19 the reason, the state s response was not improper under the circumstances. AFFIRMED.
ANTOON, J., concurs. GOSHORN, J., concurs in result only.
478-CITE: 620 So.2d 993 THE FLORIDA BAR, Complainant, v. James A. HELINGER, Jr., Respondent.
TEXT: PER CURIAM. We have for review a referee s report finding misconduct and recommending that
R...o believe that disbarment is the only penalty consistent with the Florida Standards for Imposing
Lawyer Sanctions. I therefore respectfully dissent.
479-CITE: 715 So.2d 1045 STATE of Florida, Appellant, v. Joel NELSON, Appellee.
TEXT: LABARGA, JORGE, Associate Judge. The state appeals a downward departure sentence for the
off... for further proceedings to determine, based upon competent and substantial evidence, whether
either factor applies. KLEIN and TAYLOR, JJ., concur.
480-CITE: 732 So.2d 350 STATE of Florida, Appellant, v. Michael Randy MILES, Appellee.
TEXT: JOANOS, J. The State of Florida appeals an order in which the trial court ruled that the
sta...bertson, supra at 789, there is no valid reason not to allow the state to benefit from the
presumption of intoxication contained within the statute.
481-CITE: 670 So.2d 1066 David A. KOPECKI, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. David Kopecki pleaded nolo contendere to several charges,
reservi... probation stricken. LAZZARA and WHATLEY, JJ., Concur. ------------ (FN1) Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
482-CITE: 543 So.2d 283 Richard O. BUSH, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. Richard Bush appeals his convictions and sentences for two
count... Even if the trial court did err in failing to admit the evidence, it was, in my opinion,
harmless beyond a reasonable doubt. See DiGuilio; Everett.
483-CITE: 528 So.2d 436 Roderick ROUNDTREE, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Roderick Roundtree appeals his sentences for three counts of DUI manslaughter,
...ingly, we reverse the appellant s sentence and remand this cause for resentencing within the
guidelines. SCHOONOVER, A.C.J., and LEHAN, J., concur.
484-CITE: 654 So.2d 561 Joel A. USSERY, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We deny a petition for certiorari seeking relief from an order allowing the
stat...DCA 1994). We agree with Hunter, conclude that its requirements were met here, and therefore
deny certiorari. WARNER, POLEN and KLEIN, JJ., concur.
485-CITE: 672 So.2d 93 Dusan SABOL, M.D., et al., Petitioners, v. Robert Dale BENNETT, Respondent.
TEXT: NESBITT, Judge. This case arises out of a medical malpractice action instituted by the
respo...Boudreau s deposition would only proceed with leave of court is quashed. The cause is
remanded for further proceedings consistent with this opinion.
486-CITE: 476 So.2d 665 THE FLORIDA BAR, Complainant, v. Donald P. SLUDER, Respondent.
TEXT: PER CURIAM. Upon the filing of the Conditional Guilty Plea for Consent Judgment this Court
a...HRLICH and SHAW, JJ., concur. ------------ (FN*) We feel it unnecessary to publish the full text
of the plea. The Court file is open for inspection.
487-CITE: 475 So.2d 1244 Richard Irwin EICHHOLZ, Sr., Pamela Jane Eichholz, Dixie Auto Transport Company
and Transit Casualty Company, Appellants, v. PEPO PETROLEUM COMPANY, INC., Aetna Insurance Company
and Jeanne Kay Boyd, Appellees.
TEXT: MILLS, Judge. Eichholz appeals from a final judgment based on a jury verdict in favor of
Boy...anty, 359 So.2d 430 (Fla.1978). Appellants have made no such showing. AFFIRMED. NIMMONS, J.,
and PEARSON, TILLMAN (Ret.), Associate Judge, concur.
488-CITE: 621 So.2d 528 STATE of Florida, Appellant, v. Kip McROBERTS, Appellee.
TEXT: PER CURIAM. The state appeals an order entered by the trial court granting the motion of
the...d 40 (Fla.1992). We reverse and remand for further proceedings consistent herewith.
CAMPBELL, Acting C.J., and SCHOONOVER and PARKER, JJ., concur.
489-CITE: 742 So.2d 463 Melissa Sue EASLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Melissa Sue Easley appeals the summary denial of her motion for postconviction
r...evidentiary hearing on the claim. Affirmed in part, reversed in part, and remanded.
THREADGILL, A.C.J., and ALTENBERND and CASANVEVA, JJ., Concur.
490-CITE: 687 So.2d 30 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Julie McCaskill
SMITH, Respondent.
TEXT: KAHN, Judge. The Department of Highway Safety and Motor Vehicles (Department) seeks a writ
o...rari, QUASH the order under review, and direct the circuit court to enter an order upholding the
suspension. BARFIELD, C.J., and DAVIS, J., concur.
491-CITE: 634 So.2d 228 Ray TERRY, Appellant, v. FLORIDA PROBATION AND PAROLE COMMISSION, Appellee.
TEXT: PER CURIAM. Appearing pro se, appellant Ray Terry appeals the trial court s denial of his
pe...d 1044 (Fla. 1st DCA 1987); Gaines v. Florida Parole and Probation Commission, 463 So.2d 1181
(Fla. 4th DCA), rev. denied, 475 So.2d 695 (Fla.1985).
492-CITE: 602 So.2d 1383 STATE of Florida, Appellant, v. David MEHL, Appellee.
TEXT: GRIFFIN, Judge. The state appeals an order entered by the trial court granting the motion
of...is evidence would also be admissible if the state is able to satisfy the traditional predicates
for admissibility as stated in the majority opinion.
493-CITE: 452 So.2d 955 Glynn ADDISON, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Judge. Defendant Glynn Addison, Jr., challenges a five-year prison sentence imposed
o...ate, 446 So.2d 222 (Fla. 1st DCA 1984); see Harrington v. State, 455 So.2d 1317 (Fla. 2d DCA
1984). Affirmed. GRIMES, A.C.J., and OTT, J., concur.
494-CITE: 636 So.2d 1329 James BLORE, Petitioner, v. Eugene J. FIERRO, Judge, etc., et al., Respondents.
TEXT: OVERTON, Justice. James Blore seeks review of Blore v. Fierro, 618 So.2d 762 (Fla. 3d DCA
19...the Second District Court of Appeal in Townsend and Gemignani. It is so ordered. GRIMES,
C.J., and McDONALD, SHAW, KOGAN and HARDING, JJ., concur.
495-CITE: 589 So.2d 450 Timothy TAYLOR, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This appeal follows a circuit court order attaching additional copies of
portion... on his claims of ineffective assistance of trial court. Gentry v. State, 464 So.2d 659
(Fla. 4th DCA 1985). HERSEY, POLEN and FARMER, JJ., concur.
496-CITE: 740 So.2d 1201 Becky TRAINOR, as Personal Representative of the Estate of Megan Lee Trainor,
Appellant, v. ESTATE OF David HANSEN, Deceased, and Margaret Hansen, Appellee.
TEXT: FULMER, Judge. The Estate of Megan Lee Trainor challenges the trial court s final judgment
d...rovided in Section 775.082 or Section 775.083. *1203 Reversed, in part, affirmed in part and
remanded. THREADGILL, A.C.J., and GREEN, J., Concur.
497-CITE: 587 So.2d 1148 Eric C. NORSTROM, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. We reverse appellant s conviction on counts of vehicular homicide, culpable
ne...r incriminating statements inadmissible and contributes little, if anything, to the welfare of
society. Such appears to me to be what happened here.
498-CITE: 614 So.2d 8 Lisa GENTRY, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Acting Chief Judge. The appellant, Lisa Gentry, contends the trial court erred in
impo...d remand for correction to reflect only those conditions orally pronounced at sentencing or
those allowed by statute. PARKER and BLUE, JJ., concur.
499-CITE: 586 So.2d 1229 Hank H. BERRY, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. Appellant was charged with aggravated battery. The victim of the battery
test...d. See Gardner v. State, 480 So.2d 91 (Fla.1985). REVERSED WITH DIRECTIONS. GLICKSTEIN,
C.J., and STREITFELD, JEFFREY E., Associate Judge, concur.
500-CITE: 675 So.2d 993 Michael J. McCOY, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. Michael J. McCoy appeals his conviction and sentence for possession of
cocaine,...2d 111 (Fla. 2d DCA 1995) (en banc). Conviction affirmed; certain costs and probation
conditions struck. RYDER, A.C.J., and PATTERSON, J., concur.
501-CITE: 708 So.2d 1002 Stephanie BENTON, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Acting Chief Judge. Stephanie Benton has appealed from her convictions for felony
fle...tance use, was not orally pronounced and must be stricken. See Diaz v. State, 691 So.2d 589
(Fla. 2d DCA 1997). PATTERSON and WHATLEY, JJ., concur.
502-CITE: 662 So.2d 998 Rodney SCHENCK, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. GUNTHER, C.J., and OWEN, WILLIAM C., JR., Senior Judge, concur.
PARI...State, 502 So.2d 89 (Fla. 4th DCA 1987); Savage ; Derks v. State, 477 So.2d 23 (Fla. 1st DCA
1985); Gunn v. State, 379 So.2d 431 (Fla. 2d DCA 1980).
503-CITE: 489 So.2d 851 Ernest August David STAMM, Appellant, v. Majorie Faith (Biggs) STAMM, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment awarding primary residential
responsibilit... to determine the issue, with proper application of the law as expressed herein.
REVERSED in part; REMANDED. COBB, C.J., and ORFINGER, J., concur.
504-CITE: 453 So.2d 892 Mack Gordon LEDLOW, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant in this case was charged with aggravated battery and convicted of
batt...remaining contentions are similarly lacking in substance. The judgment should be and is
affirmed. SMITH, L., WENTWORTH and WIGGINTON, JJ., concur.
505-CITE: 546 So.2d 29 In the Interest of B.W., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals an order adjudicating him delinquent and placing him on
...betting a robbery, pursuant to 777.011, Florida Statutes, was error in light of the cases cited
herein. REVERSED. BOOTH and BARFIELD, JJ., concur.
506-CITE: 456 So.2d 916 Nelson B. JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. Nelson B. Jackson appeals his conviction of vehicular homicide in violation
o...Supp.1982), and not pursuant to section 316.1932. Accordingly, we find Drury inapplicable to
this case. SHIVERS, THOMPSON, and ZEHMER, JJ., concur.
507-CITE: 482 So.2d 571 Gerald JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. Gerald Jones appeals a final order of the trial court involuntarily
committin...al unless found to be manifestly erroneous. Hill v. State, 358 So.2d 190, 209 (Fla. 1st
DCA 1978). AFFIRMED. BOOTH, C.J., and NIMMONS, J., concur.
508-CITE: 508 So.2d 361 STATE of Florida, Appellant, v. Raymond BARRETT, Appellee.
TEXT: ORFINGER, Judge. We affirm the order of the trial court suppressing the results of a
pre-arr...s nothing in this record to suggest that the defendant consented to a breath test in lieu
of a blood test. AFFIRMED. COBB and COWART, JJ., concur.
509-CITE: 728 So.2d 329 J.C. JOYNER, a k a Tony Jones, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant-appellant J.C. Joyner appeals an order summarily denying his motion
fo...tions of the record conclusively refuting the defendant s allegations, or to conduct an
evidentiary hearing. See Jenkins v. State, 625 So.2d at 885.
510-CITE: 455 So.2d 656 Harvey NMN PHILLIPS, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. Phillips appeals from a judgment and sentence for aggravated
...t was convicted and the illegal order was entered has passed. 106 So.2d at 80. See also Shieder
v. State. AFFIRMED. SHARP and COWART, JJ., concur.
511-CITE: 707 So.2d 816 Kimberli JORDAN, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Jordan appeals from her adjudication for DUI manslaughter, (FN1) two
counts...er range, the trial judge may sentence a defendant within the full range set forth in the
guidelines. AFFIRMED. DAUKSCH and THOMPSON, JJ., concur.
512-CITE: 748 So.2d 936 THE FLORIDA BAR, Complainant, v. Paul J. DUBBELD, Respondent.
TEXT: PER CURIAM. Paul J. Dubbeld petitions this Court to review a referee s report recommending
t... $1,164.66, for which sum let execution issue. It is so ordered. HARDING, C.J., and SHAW,
WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
513-CITE: 718 So.2d 256 Deborah EDWARDS, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Edwards pled guilty to DUI causing serious bodily injury. She ran head on
int...supreme court. See State v. Myers, 713 So.2d 1013 (Fla.1998.); Mays v. State, 717 So.2d 515
(Fla.1998). AFFIRMED. DAUKSCH and ANTOON, JJ., concur.
514-CITE: 629 So.2d 1106 Frederick DEAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Reversed. In sentencing appellant for a violation of probation, the trial court
...59 So.2d 343 (Fla. 4th DCA 1990). Upon remand the scoresheet should be corrected by removing
these points. WARNER, KLEIN and PARIENTE, JJ., concur.
515-CITE: 676 So.2d 29 STATE of Florida, Appellant, v. Joseph ALTAMURA, Appellee.
TEXT: FULMER, Judge. Pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(D), the state
app...of judgment was properly granted because it was error to instruct the jury on vehicular
homicide. Affirmed. FRANK, A.C.J., and QUINCE, J., concur.
516-CITE: 545 So.2d 430 Debra RIGGINS, as Personal Representative of the Estate of Levi Riggins,
deceased, Appellant, v. MARINER BOAT WORKS, INC., and Mary Ann Mullen, Appellees.
TEXT: ALTENBERND, Judge. The personal representative of Levi Riggins appeals a final judgment
rend...rgument which are outside the evidence and the issues. Reversed and remanded for a new trial
on all issues. CAMPBELL, C.J., and RYDER, J., concur.
517-CITE: 701 So.2d 637 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Martha PRUE, Respondent.
TEXT: PARKER, Chief Judge. State of Florida, Department of Highway Safety and Motor Vehicles
(Depa...earing. Therefore, we grant the Department s petition for writ of certiorari and quash the
circuit court s order. FRANK and NORTHCUTT, JJ., concur.
518-CITE: 667 So.2d 486 James Robert BRISTOL, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. The appellant challenges his judgment and sentence for trafficking in
meth...e and remand to the trial court to modify the written order of probation in accordance with
this opinion. CAMPBELL, A.C.J., and QUINCE, J., concur.
519-CITE: 708 So.2d 1034 Jerry BANKS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this appeal brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct.
...ffirm Banks judgments and sentences, but we strike one cost and three probation conditions.
PATTERSON, A.C.J., and WHATLEY and QUINCE, JJ., concur.
520-CITE: 590 So.2d 29 Donald Anthony LEONE, Appellant, v. STATE of Florida, Appellee.
TEXT: COWART, Judge. This is another case (FN1) that results from an accusatorial pleading of a
DU... on that count under sections 316.193(2)(a)1.a. and 2.a., Florida Statutes. SENTENCED VACATED;
CAUSE REMANDED. DAUKSCH and SHARP, W., JJ., concur.
521-CITE: 685 So.2d 1366 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant,
v. Charles R. BLATZ, Appellee.
TEXT: QUINCE, Judge. The State Department of Highway Safety and Motor Vehicles (the Department)
ch... reverse the order of the trial court and remand with directions to require Blatz to pay the
transfer fee. PARKER, A.C.J., and LAZZARA, J., concur.
522-CITE: 516 So.2d 256 John Patrick MASTERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This case is before us on direct appeal from the trial court s imposition of a
d...izona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). *259 McDONALD, C.J., and OVERTON,
EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
523-CITE: 490 So.2d 987 M. Carl NEST, M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD
OF MEDICAL EXAMINERS, Appellee.
TEXT: MILLS, Judge. This is an appeal from a final order denying Dr. Nest a medical license in
whi...anded for entry of a new order based on the findings of fact and the conclusions of law of the
hearing officer. WENTWORTH and NIMMONS, JJ., concur.
524-CITE: 525 So.2d 509 Gary RICE, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. This is an appeal from a misdemeanor judgment and sentence. The county court
h...tional arguments are simply too speculative. The judgment and sentence of the trial court are,
therefore, affirmed. ANSTEAD and DELL, JJ., concur.
525-CITE: 574 So.2d 1126 Mario ROA, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Mario Roa appeals the trial court s revocation of his probation and
community...cing hearing. RYDER, A.C.J., and THREADGILL, J., concur. ------------ (FN1) This case
is currently pending review before the Florida Supreme Court.
526-CITE: 498 So.2d 647 Gary Ellis MATHIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Mathis appeals the trial court s departure from the recommended guidelines
sente... INVALID REASONS ARE FOUND ON REVIEW, SATISFY THE STANDARD SET FORTH IN ALBRITTON V. STATE?
AFFIRMED. SMITH, THOMPSON and WIGGINTON, JJ., concur.
527-CITE: 476 So.2d 275 Jessie G. LERMA, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING OR CLARIFICATION SHARP, Judge. Pursuant to Albritton v. State, 476
...use his discretion. Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). Accordingly, this appeal
is AFFIRMED. COBB, C.J., and UPCHURCH, J., concur.
528-CITE: 668 So.2d 1064 STATE of Florida, Appellant, v. James R. HADDIX, Appellee. James R. HADDIX,
Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. These are two appeals--one by the state and one by the defendant--which we have
...uspend the license for only three years. We reverse that part of the sentence and remand for this
purpose. GLICKSTEIN, DELL and KLEIN, JJ., concur.
529-CITE: 734 So.2d 1138 Melvin Jerome THOMAS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Melvin Jerome Thomas appeals the summary denial of his motion pursuant to
Florid... to the merits of the claim, we reverse and remand for *1139 further proceedings consistent
with this opinion. JOANOS, ALLEN and KAHN, JJ., CONCUR.
530-CITE: 603 So.2d 1312 James Robert FOSTER, Appellant, v. STATE of Florida, Appellee.
TEXT: WEBSTER, Judge. In this direct criminal appeal, appellant seeks review of a judgment
convict...ittee on Standard Jury Instructions in Criminal Cases to consider the need for further
revision of the current standard charge for DUI manslaughter.
531-CITE: 653 So.2d 380 STATE of Florida, Petitioner, v. Gregory Stephen BIAS, Respondent. Gregory
Stephen BIAS, Petitioner, v. STATE of Florida, Respondent.
TEXT: WELLS, Justice. We have for review the decision of Bias v. State, 634 So.2d 1120 (Fla. 2d
DC...384 (Haw.1991); State v. Bingman, 229 Mont. 101, 745 P.2d 342 (Mont.1987); Taylor v. State, 885
S.W.2d 154 (Tex.Crim.App.1994). WELLS, J., concurs.
532-CITE: 658 So.2d 1064 PUBLIX SUPERMARKETS, INC., Appellant Cross-Appellee, v. Steven Scott AUSTIN, et
al., Appellees, and Todd H. Wurtz, Appellee Cross-Appellant.
TEXT: COBB, Judge. This appeal arises from a motorcycle pickup truck collision which occurred in
1...its liability, and neither issue was raised by the co-defendant, Austin, in an appeal by him.
Hence, we do not address either issue in this opinion.
533-CITE: 660 So.2d 1046 FLORIDA BOARD OF BAR EXAMINERS RE: L.H.H.
TEXT: PER CURIAM. L.H.H. petitions this Court for review of the Florida Board of Bar Examiners
rec...plary fashion in the future, where applicable; and (6) restitution of funds or property, where
applicable. Fla.Bar Admiss.R., art. III, Section 4.e.
534-CITE: 555 So.2d 1258 GILMOR TRADING CORP., Petitioner, v. LIND ELECTRIC, INC., Respondent.
TEXT: PER CURIAM. Petitioner Gilmor Trading Corp., plaintiff below, petitions for a writ of
certio...s to justify invading the work-product immunity. We therefore grant certiorari and quash
the order under review. Certiorari granted; order quashed.
535-CITE: 534 So.2d 1213 Alfred Vernon KOHLER, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a conviction and sentence for felony driving while
un...riving record proved the requisite prior DUI convictions and the conviction and sentence are
affirmed. AFFIRMED. ORFINGER and DANIEL, JJ., concur.
536-CITE: 453 So.2d 153 Floyd Steve HUSK, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. Husk appeals from the trial court s order committing him to further
involuntar...sumptively constitutional. Husk has failed to cite any legal authority to overcome that
presumption. AFFIRMED. SHIVERS and WIGGINTON, JJ., concur.
537-CITE: 733 So.2d 1074 STATE of Florida, Appellant, v. Carla Ann PARKER, Appellee.
TEXT: W. SHARP, J. The state appeals the downward departure sentence imposed on Parker. The trial
...tsman, 566 So.2d 880 (Fla. 3d DCA 1990). Sentence VACATED; REMANDED for resentencing pursuant to
plea agreement. THOMPSON and ANTOON, JJ., concur.
538-CITE: 712 So.2d 762 STATE of Florida, Petitioner, v. Chuck Junior WILLIAMS, Respondent.
TEXT: WELLS, Justice. We have for review a decision of the Second District Court of Appeal which
p...ly at sentencing, and we approve the decision below. It is so ordered. KOGAN, C.J., and
OVERTON, SHAW, HARDING, ANSTEAD and PARIENTE, JJ., concur.
539-CITE: 613 So.2d 437 STATE of Florida, Petitioner, v. Eric C. NORSTROM, Respondent.
TEXT: OVERTON, Justice. We have for review Norstrom v. State, 587 So.2d 1148 (Fla. 4th DCA 1991),
...nsider the other issues raised in the initial appeal. It is so ordered. BARKETT, C.J., and
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
540-CITE: 625 So.2d 911 James E. TAYLOR, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Petitioner, James E. Taylor seeks a writ of certiorari to reverse an order of
th...REST FIELD SOBRIETY TESTS ADMISSIBLE IN EVIDENCE? Petition for writ of certiorari granted.
RYDER, A.C.J., and DANAHY and THREADGILL, JJ., concur.
541-CITE: 534 So.2d 1151 Cary Michael LAMBRIX, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Cary Michael Lambrix, a state prisoner under a sentence and warrant of death,
ap...ay of execution and remand this matter for an evidentiary hearing on the issue of ineffective
assistance of counsel. SHAW and BARKETT, JJ., concur.
542-CITE: 528 So.2d 69 Walter BARNES, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: BLOOM, PHILIP, Associate Judge. This is an appeal from convictions of manslaughter by
intoxi...r manslaughter by culpable negligence, but the remainder of the judgment of conviction and
sentence is affirmed. GLICKSTEIN and STONE, JJ., concur.
543-CITE: 659 So.2d 1196 The STATE of Florida, Appellant, v. Wayne BOCK, Appellee.
TEXT: LEVY, Judge. The State seeks certiorari review of a final order, issued by the Circuit
Court...Court Judge to deny the defendant respondent s motion for dismissal of the DUI charge.
Certiorari granted; order quashed, remanded with directions.
544-CITE: 534 So.2d 726 STATE of Florida, DEPARTMENT OF GENERAL SERVICES, Appellant, v. Leroy ENGLISH,
Jr., and Florida Unemployment Appeals Commission, Appellees.
TEXT: ZEHMER, Judge. The Department of General Services (DGS) appeals a final order of the
Florida...ion 443.036(24), and its finding was supported by competent substantial evidence, the
appealed order is AFFIRMED. ERVIN and WENTWORTH, JJ., concur.
545-CITE: 612 So.2d 692 Lewis C. PATERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Lewis C. Paterson appeals an order revoking his probation and imposing an
increa...t of restitution. We remand to the *695 trial court for further proceedings consistent with
this opinion. ERVIN, ZEHMER, and BARFIELD, JJ., concur.
546-CITE: 473 So.2d 778 Edward COX, Appellant, v. STATE of Florida, Appellee.
TEXT: OTT, Judge. Appellant was convicted by a jury of DWI manslaughter, in violation of section
3...(1983). Accordingly, appellant s conviction and the denial of his motion to suppress evidence
are AFFIRMED. SCHEB, A.C.J., and DANAHY, J., concur.
547-CITE: 691 So.2d 64 John LOPEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. John Lopez was charged with and convicted of burglary of a dwelling with an
a...tice v. State, 674 So.2d 123 (Fla.1996). AFFIRMED in part; REVERSED in part and REMANDED for
resentencing. PETERSON, C.J., and ANTOON, J., concur.
548-CITE: 704 So.2d 191 John M. SMILEY, Appellant, v. STATE of Florida, Appellee.
TEXT: MICKLE, Judge. In this direct appeal, John Smiley alleges errors 1) in the trial court s
fai...tatutory authority, and for the written sentencing order to be corrected to reflect the split
sentence imposed. LAWRENCE and PADOVANO, JJ., concur.
549-CITE: 577 So.2d 1317 THE FLORIDA BAR, Complainant, v. Daniel Dwight MOODY, Respondent.
TEXT: PER CURIAM. The Florida Bar petitions this Court to review the report of the referee in a
di...e to be imposed in this case. I believe that a suspension for a period of nine months is
inadequate. I would suspend the respondent for three years.
550-CITE: 706 So.2d 913 Peter B. SERAPHIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant Peter B. Seraphin challenges the summary denial of his rule 3.850
moti...rm the trial court s summary denial as to those grounds. Affirmed in part; reversed in part
and remanded. GLICKSTEIN, DELL and GROSS, JJ., concur.
551-CITE: 587 So.2d 1153 STATE of Florida, Appellant, v. Naomi GREISDORF, Appellee.
TEXT: PER CURIAM. Reversed and remanded for resentencing on the authority of State v. Baxter, 581
...quished jurisdiction to permit the February order to be entered in order to correct the proper
case numbers to be reflected in the sentencing order.
552-CITE: 466 So.2d 10 Roger RICHWAGON, Appellant, v. STATE of Florida, Appellee.
TEXT: LETTS, Judge. In this case, the defendant was charged and convicted of vehicular homicide.
H...STEIN and BARKETT, JJ., concur. ------------ (FN1) Section 322.261 deals with the refusal to
submit to a blood test as provided in section 316.1932.
553-CITE: 488 So.2d 655 M.R.F., a child, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This an appeal from a final order adjudicating M.R.F., a child, dependent, and
n...g and an opportunity to participate in that hearing, an opportunity which she took advantage of.
AFFIRMED. MILLS, SMITH and THOMPSON, JJ., concur.
554-CITE: 750 So.2d 631 Inquiry Concerning a Judge, No. 98-231 Re Brenda C. WILSON.
TEXT: PER CURIAM. We review the findings and recommendations of the Florida Judicial
Qualification...December 6, 1999, for the actions noted above. It is so ordered. HARDING, C.J.,
and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
555-CITE: 517 So.2d 772 David V. GRADDY, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Chief Judge. The trial court revoked the appellant s probation on the grounds that
h...ficer, and allow the Officer to visit in your home, at your employment site or elsewhere, and
you will comply with all instructions he may give you.
556-CITE: 651 So.2d 726 Nathaniel WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. White appeals the trial court s denial of his motion to correct an illegal
...AFFIRMED. DAUKSCH and PETERSON, JJ., concur. ------------ (FN1) Section 775.084(1)(b)(1),
Fla.Stat. (1989). (FN2) Section 860.01, Fla.Stat. (1977).
557-CITE: 681 So.2d 905 Suzanne TOBIAS, Appellant Cross-Appellee, v. Mariana OSORIO, as Personal
Representative of the Estate of Gilber Zambrano, Appellee Cross-Appellant, and Ernest Scott, d b a
Sonny s Stardust Lounge, Appellee Cross-Appellee.
TEXT: PER CURIAM. Suzanne Tobias, Appellant, was convicted and sentenced for DUI manslaughter of
M... issues of the lounge s liability and damages. AFFIRMED IN PART, REVERSED IN PART, AND
REMANDED. GUNTHER, C.J., and POLEN and FARMER, JJ., concur.
558-CITE: 652 So.2d 1232 Juan RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. Juan Rodriguez challenges the lower court s refusal to permit
him...ion. See McCuiston v. State, 507 So.2d 1185 (Fla. 2d DCA 1987), approved, 534 So.2d 1144
(Fla.1988). Affirmed. PARKER and ALTENBERND, JJ., concur.
559-CITE: 513 So.2d 1355 HENRY CRUTCHFIELD, INC. and United States Fidelity & Guaranty Company,
Appellants Cross Appellees, v. Robert James JOHNSON, Appellee Cross Appellant.
TEXT: BARFIELD, Judge. In this appeal and cross-appeal from a workers compensation order
apportion...ted and the case is REMANDED to the deputy commissioner for determination of the amount
of the fee to be awarded. BOOTH and WIGGINTON, JJ., concur.
560-CITE: 636 So.2d 865 Paul W. HOFFMANN, Petitioner, v. The RESOLUTION TRUST CORPORATION, as Receiver
of Broadview Savings Bank and Sentinel Communities, Inc., Respondents.
TEXT: PER CURIAM. This is a petition for writ of certiorari review of an order requiring
petitione...v. pending, No. 83,218 (Fla. Feb. 18, 1994). Likewise, we certify conflict with Rojas
and Doelfel. GLICKSTEIN, GUNTHER and STEVENSON, JJ., concur.
561-CITE: 645 So.2d 101 Charles Lynn GARRETT, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Charles Lynn Garrett from judgments of
convic... was imposed upon the defendant pursuant thereto. With this modification, the judgments and
sentences appealed from are, in all respects, Affirmed.
562-CITE: 679 So.2d 840 Terry McDANIELS, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. Terry McDaniels appeals, by Anders (FN1) brief, his judgment and sentence for
a...re affirmed. CAMPBELL, A.C.J., and QUINCE, J., concur. ------------ (FN1) Anders v. California,
386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
563-CITE: 643 So.2d 692 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Kimberly SATTER,
Respondent.
TEXT: THOMPSON, Judge. This is a petition for certiorari filed by the State of Florida,
Department...hearing officer s order is reinstated. Writ GRANTED and REMANDED with instructions.
HARRIS, C.J., concurs. GRIFFIN, J., dissents without opinion.
564-CITE: 654 So.2d 593 Rodney SCHENCK, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse the trial court s order, denying appellant s 3.850 motion, and
remand...bove statements are equivocal and contradictory. See Hull v. State, 601 So.2d 641 (Fla. 2d
DCA 1992). GLICKSTEIN, WARNER and PARIENTE, JJ., concur.
565-CITE: 589 So.2d 1045 Kristina M. DECKER, Appellant, v. NATIONAL FINANCIAL REALTY TRUST, an Indiana
Business Trust, d b a Palm Beach Hawaiian Ocean Inn, Appellee.
TEXT: PER CURIAM. Appellant filed suit against appellee asserting a cause of action for personal
i...ing final judgment in favor of appellee and remand this case for further proceedings. REVERSED
and REMANDED. DOWNEY, HERSEY and DELL, JJ., concur.
566-CITE: 666 So.2d 212 Darryl A. TURNER, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Darryl A. Turner appeals his conviction and sentence for resisting arrest
wit...ost. We remand this case to the trial court in order for the state to seek reimposition of
the $2 cost. THREADGILL, C.J., and WHATLEY, J., concur.
567-CITE: 557 So.2d 129 The STATE of Florida, Appellant, v. Robert FINK, Appellee.
TEXT: PER CURIAM. The defendant pled no contest to the charge of strong arm robbery. His
guideline...r is not clearly determinable from the record. See Daily v. State, 488 So.2d 532
(Fla.1986); Forehand v. State, 537 So.2d 103 (Fla.1989). Affirmed.
568-CITE: 514 So.2d 1101 THE FLORIDA BAR, Complainant, v. Harold W. LONG, Jr., Respondent.
TEXT: PER CURIAM. These disciplinary proceedings are before the Court upon the complaints of The
F...1,532.28, for which sum let execution issue. It is so ordered. McDONALD, C.J., and OVERTON,
EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
569-CITE: 747 So.2d 1070 Tina Michelle PAYNE, Appellant, v. STATE of Florida, Appellee.
TEXT: WOLF, J. Appellant filed a rule 3.850, Florida Rules of Criminal Procedure, motion which
was...al based on similar allegations). Affirmed in part, reversed in part, and remanded for
further proceedings. BARFIELD, C.J., and ERVIN, J., concur.
570-CITE: 673 So.2d 536 Shannon L. WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. Shannon L. Williams appeals the sentences imposed for three armed robbery
convi...as imposed without citation to statutory authority. In all other respects, we affirm.
Affirmed as modified. DANAHY, A.C.J., and FRANK, J., concur.
571-CITE: 748 So.2d 288 Frederick VAN HUBBARD, Appellant, v. STATE of Florida, Appellee.
TEXT: KAHN, Judge. Appellant Frederick Van Hubbard appeals from his judgment and sentence for DUI
...nse status at the time of the incident. REVERSED and REMANDED for a new trial; direct conflict
certified. BARFIELD, C.J., and WEBSTER, J., concur.
572-CITE: 525 So.2d 912 Bill Donald KEETON, Appellant, v. STATE of Florida, Appellee. STATE of Florida,
Appellant, v. Bill Donald KEETON, Appellee.
TEXT: RYDER, Acting Chief Judge. In the early morning hours of April 6, 1985, appellant s vehicle
...everse his sentence and remand to the trial court for resentencing within the sentencing
guidelines recommended range. LEHAN and HALL, JJ., concur.
573-CITE: 479 So.2d 306 STATE of Florida, Appellant, v. David TOWNSEND a k a David Carroll Townsend,
Appellee.
TEXT: ORDER PER CURIAM. The above-styled matter came before the court pursuant to Rule
9.030(b)(4...i jurisdiction conferred by Rule 9.030(c)(2) and (3) of the Florida Rules of Appellate
Procedure. SCHEB, A.C.J., and DANAHY and FRANK, JJ., concur.
574-CITE: 670 So.2d 1151 Brian Anthony MORRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: MICKLE, Judge. In this appeal from the summary denial of appellant s motion for
post-convict...nying post-conviction relief is affirmed. AFFIRMED in part, REVERSED in part and
REMANDED for further proceedings. MINER and WEBSTER, JJ., concur.
575-CITE: 681 So.2d 1184 Rosa MARTINEZ-BUTTON, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, Rosa Martinez-Button, challenges the judgment and
s... be orally pronounced. See State v. Hart, 668 So.2d 589 (Fla.1996). Affirmed in part, reversed
in part and remanded. BLUE and FULMER, JJ., concur.
576-CITE: 696 So.2d 928 Shawn Timothy McLELLAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Shawn McLellan appeals from his convictions of lewd, lascivious, or
indece...J., concur. ------------ (FN1) Dr. Keely had been instructed not to name the perpetrator,
so she substituted blank for the name Stacey had told her.
577-CITE: 554 So.2d 26 Samuel Patrick O HARA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. O Hara appeals his conviction and sentence for DUI manslaughter. He contends
tha...s decision to grant the state s motion in limine excluding the issue of causation and remand
for a new trial. SMITH, ZEHMER and MINER, JJ., concur.
578-CITE: 658 So.2d 1060 Susan KOPEC, Appellant, v. Donald SEVERANCE, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment in a marital dissolution case. The issue
...--------- (FN3) Section 61.13(2)(b)2. provides: The court shall consider evidence of spousal or
child abuse as evidence of detriment to the child.
579-CITE: 561 So.2d 1314 Richard BAKER as Personal Representative of the Estate of Richard Baker, Jr.,
Appellant Cross Appellee, v. CASUALTY INDEMNITY EXCHANGE, and Michael Dobbs d b a Venturi s Pizza,
Appellees Cross Appellants.
TEXT: GARRETT, Judge. Appellant seeks review of the trial court s final judgment. Appellee cross
a... Due to our affirmance of the appeal, we do not address the issues raised by appellee s cross
appeal. AFFIRMED. GLICKSTEIN and DELL, JJ., concur.
580-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.
581-CITE: 639 So.2d 152 Timothy Wayne GRASSO, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Grasso appeals his habitual offender sentence, various conditions of
probat...(Fla.1982). Further, he agreed to the cost assessments in his plea agreement. Accordingly
we affirm. AFFIRMED. HARRIS, C.J., and COBB, J., concur.
582-CITE: 685 So.2d 844 Edward WILSON, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Chief Judge. The appellant, Edward Wilson, pleaded nolo contendere to
possession...eyes v. State, 655 So.2d 111, 120 (Fla. 2d DCA 1995). Judgment affirmed; sentence
remanded for further proceedings. BLUE and WHATLEY, JJ., concur.
583-CITE: 609 So.2d 761 John D. WHITE, Appellant, v. SEMINOLE PLASTERING, et al., Appellees.
TEXT: PER CURIAM. In this worker s compensation case, appellant claimant John D. White appeals
the...ry of an order consistent with this opinion. AFFIRMED in part, REVERSED in part, and REMANDED
with directions. ERVIN, MINER and WOLF, JJ., concur.
584-CITE: 461 So.2d 217 Julia L. BARNES, as Personal Representative of the Estate of Linda Nell Shaw,
Appellant, v. B.K. CREDIT SERVICE, INC., a corporation, and Katherine J. Lyon, d b a Electric
Cowboy, Appellees.
TEXT: WIGGINTON, Judge. This cause is before us from the trial court s final judgment granting
the...tion 768.125 does not deny access to courts. For the above reasons, the trial court s final
judgment is AFFIRMED. JOANOS and NIMMONS, JJ., concur.
585-CITE: 652 So.2d 902 William N. MALONE, Jr. Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. William Norman Malone, Jr., appeals his judgment and sentence for grand theft.
W... v. State, 632 So.2d 272 (Fla. 4th DCA 1994). Affirmed; probation conditions stricken.
SCHOONOVER, A.C.J., and THREADGILL and FULMER, JJ., concur.
586-CITE: 501 So.2d 18 William DOOLEY, Petitioner, v. STATE of Florida, Respondent.
TEXT: COBB, Judge. Edward Dooley, Jr., has petitioned for certiorari review of an appellate
opinio...l. Accordingly, we grant certiorari, and quash the opinion of the circuit court date March
5, 1986. QUASHED. ORFINGER and SHARP, W., JJ., concur.
587-CITE: 450 So.2d 1264 Aubrey McPHADDER, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant was charged with two counts of selling alcoholic beverages
witho... information, i.e., that it was generally known that there were a lot of bootleg houses in
the area. Affirmed. ERVIN, C.J., and BOOTH, J., concur.
588-CITE: 551 So.2d 1268 Ellis LANGSTON, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Langston has appealed from judgment and sentence for possession of cocaine
fo...t DCA 1989); Munday v. State, 547 So.2d 336 (Fla. 1st DCA 1989). Affirmed in part, reversed in
part and remanded. BOOTH and BARFIELD, JJ., concur.
589-CITE: 603 So.2d 587 HILLSBOROUGH COUNTY, a political subdivision of the State of Florida, Appellant,
v. FLORIDA RESTAURANT ASSOCIATION, INC., Appellee.
TEXT: DANAHY, Acting Chief Judge. The Florida Restaurant Association [the Association] sued
Hillsb...d in favor of the Association and remand with instructions to enter a final summary
judgment in favor of the County. FRANK and PARKER, JJ., Concur.
590-CITE: 485 So.2d 1275 THE FLORIDA BAR, Complainant, v. Abraham Bernard FREED, Respondent.
TEXT: EHRLICH, Judge. This disciplinary proceeding is before us on complaint of The Florida Bar
an...76 is entered against respondent, for which sum let execution issue. It is so ordered.
ADKINS, A.C.J., and OVERTON, SHAW and BARKETT, JJ., concur.
591-CITE: 731 So.2d 48 Wade H. WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant challenges his judgment and sentence for DUI
manslau...lant was driving his vehicle when the accident occurred that resulted in the death of Mark
Yates. Affirmed. THREADGILL and CASANUEVA, JJ., Concur.
592-CITE: 570 So.2d 1351 Jennifer BENNETT, etc., et al., Appellants, v. GODFATHER S PIZZA, INC., etc.,
Appellee.
TEXT: PER CURIAM. The plaintiffs appeal the trial court s dismissal of several counts of their
com.... In the instant case, no counts are remaining as a result of the summary judgment and
dismissals, and thus, damages are not recoverable. AFFIRMED.
593-CITE: 466 So.2d 420 David Richard DURDEN, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of a conviction of armed kidnapping and sexual
batt... respect to denial of continuance absent a showing of prejudice from amendment of the
information. We affirm. THOMPSON and WIGGINTON, JJ., concur.
594-CITE: 754 So.2d 156 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Kathy PETERSON, Respondent.
TEXT: PER CURIAM. The Department of Highway Safety and Motor Vehicles (DMV) seeks certiorari
revie...spension quashed, and case remanded for further proceedings in accordance with this opinion.
CAMPBELL, A.C.J., and GREEN and STRINGER, JJ., Concur.
595-CITE: 540 So.2d 105 THE FLORIDA BAR, Petitioner, v. Louis C. CORBIN, Respondent.
TEXT: PER CURIAM. This proceeding is before us upon the complaint of The Florida Bar and the
refer... referee, for which sum let execution issue. It is so ordered. EHRLICH, C.J., and OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
596-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.
597-CITE: 617 So.2d 340 STATE of Florida, Appellant, v. Leonard RILEY, Appellee.
TEXT: CORRECTED OPINION KAHN, Judge. The State of Florida brings this appeal pursuant to the
coun...s. WIGGINTON and MICKLE, JJ., concur. ------------ (FN1) We note that appellee does not
argue that the statutory scheme is itself unconstitutional.
598-CITE: 716 So.2d 274 Terence R. DAVIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Terence R. Davis appeals an order summarily denying his motion for
postconvictio...erpts conclusively refuting it. Affimed in part, reversed in part, and remanded for
further proceedings. DELL, GUNTHER and STEVENSON, JJ., concur.
599-CITE: 448 So.2d 1201 James A. ADAMS, Appellant, v. The STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING FERGUSON, Judge. The defendant appeals his conviction for
manslaugh...nt report and where appellee *1205 was specifically told that sample was needed for
homicide investigation). Reversed and remanded for a new trial.
600-CITE: 477 So.2d 609 Dennis Randall BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. Brown appeals judgments and sentences of three years imprisonment imposed
foll...n the evidence. We have examined the remaining points raised by appellant and find them
without merit. AFFIRMED. SHIVERS and JOANOS, JJ., concur.
601-CITE: 650 So.2d 1041 STATE of Florida, Appellant, v. Dawn GUERTIN and Moreno Yohai, Appellees.
TEXT: STONE, Judge. We reverse an order quashing a search warrant and suppressing evidence
obtaine.... Therefore, the order granting the motion to suppress is reversed and the cause remanded
for further proceedings. WARNER and FARMER, JJ., concur.
602-CITE: 745 So.2d 571 Tracy ARAUJO, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee.
TEXT: GRIFFIN, J. Appellant, Tracy Araujo, seeks review of the order of the Unemployment Appeals
C...icy or of the incident for us to evaluate the nexus question. Accordingly, we are bound to
affirm. AFFIRMED. ANTOON, C.J., and HARRIS, J., concur.
603-CITE: 570 So.2d 923 Robert Lewis BUFORD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robert Lewis Buford appeals from an order reimposing the death penalty. We have
... served consecutively. Society would thus have very little to fear that defendant would again
trod the streets of our country. GRIMES, J., concurs.
604-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.
605-CITE: 693 So.2d 562 Devell HAWKINS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Devell Hawkins appeals his judgments and sentences for two counts of attempted
a...DANAHY; A.C.J., and ALTENBERND and QUINCE, JJ., concur. ------------ (FN1) Anders v. California,
386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
606-CITE: 442 So.2d 239 STATE of Florida, Appellant, v. Kenneth A. SOWERS and Larry Gene Johnston,
Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a county court order suppressing evidence in a
crimin... v. Neville. The order appealed is reversed and this cause remanded for further
proceedings. REVERSED and REMANDED. COBB and COWART, JJ., concur.
607-CITE: 553 So.2d 349 STATE of Florida, Petitioner, v. Craig Eugene EASTMAN, Respondent.
TEXT: PER CURIAM. This is a petition for writ of certiorari in which the state seeks relief from
a...la. 2d DCA 1974). The circuit court here advisedly relied upon Judge Baskin s dissent and upon
Rucker. ANSTEAD, GLICKSTEIN and WARNER, JJ., concur.
608-CITE: 736 So.2d 31 Terrance McGOEY, Appellant, v. The STATE of Florida, Appellee.
TEXT: Before SCHWARTZ, C.J., GODERICH, and GREEN, JJ. Terrance McGoey appeals his conviction and
s...stion at a motion hearing can be construed as a `stipulation , is at odds with Florida Rule of
Civil Procedure 1.030(d) . . . and is disapproved. ).
609-CITE: 629 So.2d 896 Clarence Steven WHEATLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Clarence Wheatley appeals a final judgment and probation order which, pursuant
t... 19 of the community control order also imposes this requirement. (FN3) Condition # 24 of the
community control order also imposes this requirement.
610-CITE: 685 So.2d 1331 Raymond McCONN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Raymond McConn appeals his sentences for two counts of sexual activity with a
ch...y for the random testing and affirm the remainder of that condition. Id. Affirmed as modified.
RYDER, A.C.J., and PARKER and LAZZARA, JJ., concur.
611-CITE: 687 So.2d 281 Doehler HEAD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Doehler Head challenges certain conditions of probation community control and
co...te, 655 So.2d 111 (Fla. 2d DCA 1995). The judgments and sentences are otherwise affirmed.
THREADGILL, C.J., and ALTENBERND and QUINCE, JJ., concur.
612-CITE: 661 So.2d 312 David A. POUNDS a k a David A. Powell, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, David A. Pounds a k a David A. Powell, challenges the judgments
a...ion (20) and affirm the judgments and sentences in all other respects. Affirmed as modified.
SCHOONOVER, A.C.J., and BLUE and QUINCE, JJ., concur.
613-CITE: 481 So.2d 972 Glen Dale CARDWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Glen Dale Cardwell appeals his conviction for resisting an officer with
violenc...Accordingly, appellant s judgment and sentence for aggravated assault are reversed and
remanded for retrial. RYDER, C.J., and CAMPBELL, J., concur.
614-CITE: 667 So.2d 305 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Antonio FAVINO,
Jr., Appellee.
TEXT: VAN NORTWICK, Judge. The Department of Highway Safety and Motor Vehicles (the Department)
se...e circuit court and remand with instructions that a redetermination be made applying the
correct standard of review. BOOTH and MICKLE, JJ., concur.
615-CITE: 658 So.2d 515 FLORIDA BOARD OF BAR EXAMINERS re: J.A.S.
TEXT: PER CURIAM. J.A.S. asks this Court to review the recommendation of the Florida Board of Bar
...nt that J.A.S. has failed to demonstrate at this time that he is worthy of the trust of the
public as a lawyer in our state. GRIMES, C.J., concurs.
616-CITE: 688 So.2d 376 Fred A. PRIESTER and Laurie Priester, his wife, Appellants, v. GRAND AERIE OF
THE FRATERNAL ORDER OF EAGLES, INC. a k a Fraternal Order of Eagles, Louis J. Barna, The Greater
Conch Republic of F.O.E. 4138, Inc., Bernie Barber and Florida State Aerie, F.O.E., Appellees.
TEXT: PER CURIAM. Fred Priester appeals a final order dismissing with prejudice his negligence
cou...odge at the time of the incident to be belied by the general allegations contained in the
complaint. Reversed and remanded for further proceedings.
617-CITE: 737 So.2d 1145 Kenneth J. ACKERMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: BENTON, J. Kenneth J. Ackerman appeals his conviction for DUI Manslaughter-Leaving the
Scene...fore the court for sentencing at the time of the primary offense. Section 921.0011(7)(a),
Fla.Stat.(1997). Affirmed. ERVIN and BOOTH, JJ., CONCUR.
618-CITE: 696 So.2d 950 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v.
Charles GRAPSKI, Appellee.
TEXT: GROSS, Judge. This is an appeal of a final order directing the Florida Department of
Highway...hway Safety and Motor Vehicles v. Degrossi, 680 So.2d 1093, 1096 (Fla. 3d DCA 1996); Vogt,
489 So.2d at 1171. GLICKSTEIN and PARIENTE, JJ., concur.
619-CITE: 685 So.2d 1320 Jennifer Gail SNYDER, Appellant, v. Richard P. SNYDER, Jr., Appellee.
TEXT: RYDER, Acting Chief Judge. Jennifer Snyder attacks the court s denial of her motion to
disso...ically address the temporary custody issue and the child s best interests. Remanded for
further proceedings. CAMPBELL and ALTENBERND, JJ., concur.
620-CITE: 694 So.2d 842 Matthew METZGER, Petitioner, v. Ron COCHRAN, Sheriff of Broward County, Florida,
Respondent.
TEXT: PER CURIAM. In his petition for writ of habeas corpus, Petitioner asserts that the trial
cou...ssary, it shall include the findings required by rule 3.132(c)(2) and section 907.041(4)(h) in
its order. FARMER, STEVENSON and GROSS, JJ., concur.
621-CITE: 444 So.2d 1028 R.K. COOPER, INC., Raymond K. Cooper, and Dorothy B. Cooper, Appellants, v.
URGENTAG INVESTMENTS, N.V., Appellee.
TEXT: NESBITT, Judge. The sellers appeal from a final judgment denying an injunction against the
p...h a sale falls within the clear and unambiguous meaning of retail, we hold that the restrictive
covenant should be enforced. Reversed and remanded.
622-CITE: 707 So.2d 1197 DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellant, v. David BRUNNER, Robert
Derendzen, et al., Appellees.
TEXT: WOLF, Judge. The Department of Children and Family Services (DCFS) appeals from a final
orde...use of discretion in this case; the trial court s decision to deny intervention is affirmed.
JOANOS, J., and SMITH, LARRY G., Senior Judge, concur.
623-CITE: 483 So.2d 428 STANDARD JURY INSTRUCTIONS RE: CRIMINAL CASES (SUPPLEMENTAL REPORT NO. 85-2).
TEXT: PER CURIAM. In Yohn v. State, 476 So.2d 123 (Fla.1985), we held standard criminal jury
instr...tted to a mental hospital, or given other treatment. Note to judge If drugs or alcohol are
involved, see Cirack v. State, 201 So.2d 706 (Fla.1967).
624-CITE: 474 So.2d 1193 Thomas Wayne HOUSER, Petitioner, v. STATE of Florida, Respondent.
TEXT: EHRLICH, Justice. The district court certified in opinion in this case to be in direct
confl...osed for manslaughter. Sections 782.07 and 782.071, Fla.Stat. (1977). 371 So.2d at 162, n.
1. *1198 vehicular homicide for effecting a single death.
625-CITE: 623 So.2d 1226 Kenny ALSTON, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Kenny Alston appeals an order revoking community control. We affirm, as
modified...ts to excess; nor will you visit places where intoxicants, drugs, or other dangerous
substances are unlawfully sold, dispensed or used unlawfully.
626-CITE: 629 So.2d 1046 Melissa Sue EASLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Melissa Sue Easley appeals from her convictions of first-degree murder
and...ated Easley s only real defense to the crimes, was not harmless error. Reversed and remanded
for a new trial. HALL, A.C.J., and BLUE, J., concur.
627-CITE: 610 So.2d 48 Cindy L. UNDERHILL (Johnson), Appellant, v. PUBLIX SUPER MARKETS, INC., and
Florida Unemployment Appeals Commission, Appellees.
TEXT: FERGUSON, Judge. Publix s employment policies, instituted after the appellant was hired,
req...ood for employees nor management, and makes for poor public policy as well. I hope the court
will certify the question to the Florida supreme court.
628-CITE: 467 So.2d 1096 Douglas A. STOUTE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from the sentence rendered in connection with revocation of
ap... not think that amendment means that trial courts could not previously consider the violation
as a sufficient reason to deviate from the guidelines.
629-CITE: 617 So.2d 767 R. HUGHES, INC., a Florida corporation, d b a Silver Dollar Lounge & Deli,
Appellant, v. Patricia M. MITCHELL, as Personal Representative of the Estate of Richard Randale
Mitchell, Deceased, Appellee.
TEXT: WEBSTER, Judge. Appellant, defendant in the trial court, seeks review of a final judgment,
e...e find it unnecessary to address the several other issues raised by appellant. REVERSED and
REMANDED, with directions. WOLF and KAHN, JJ., concur.
630-CITE: 573 So.2d 77 David Anthony WILSON, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, David Anthony Wilson, argues on this appeal from
hi...ence. For these reasons, we affirm the trial court judgment denying appellant s motions to
suppress the confessions. HALL and PARKER, JJ., concur.
631-CITE: 609 So.2d 513 Ronald Wayne CLARK, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Ronald Wayne Clark appeals his conviction of first-degree murder and sentence
of...wenty-five years, less any jail time served. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
632-CITE: 690 So.2d 601 David J. WILLIAMS, Sr., Appellant, v. Susan C. WILLIAMS, Appellee.
TEXT: JOANOS, Judge. Appellant, the former husband in this domestic relations case, appeals an
ord...allocation of 13.18 percent of the former husband s annual gross income to each of the parties
three children, all of whom were minors at that time.
633-CITE: 689 So.2d 372 Ervin Alphonso BARTLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, an inmate of the state correctional system, seeks review of an order
...nclusively establish that appellant is entitled to no relief. REVERSED and REMANDED, with
directions. WEBSTER, LAWRENCE and PADOVANO, JJ., concur.
634-CITE: 589 So.2d 956 Christopher CURTIS, Appellant, v. The STATE of Florida, Appellee.
TEXT: SUBSTITUTED OPINION NESBITT, Judge. Defendant appeals his convictions for attempted second
...ck out, yet who voluntarily consumed liquor, could not be excused from criminal responsibility on
the basis that he suffered from a mental illness).
635-CITE: 658 So.2d 129 Tyrone E. FRANKLIN, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. Tyrone Franklin questions the denial of his motion to suppress
co...2d 762 (Fla. 2d DCA 1994). We affirm the conviction and sentence, but strike the specified
conditions of probation. FRANK and QUINCE, JJ., concur.
636-CITE: 438 So.2d 544 Robert BOTTE, Appellant, v. Robert B. POMEROY, d b a South Seas Apartments; and
St. Paul Mercury Insurance Co., Appellees.
TEXT: LETTS, Judge. This appeal is a consequence of a summary judgment granted in favor of a good
...ands, it does not appear to be a very good idea to render assistance to an accident victim.
REVERSED AND REMANDED. HERSEY and WALDEN, JJ., concur.
637-CITE: 626 So.2d 188 In re Inquiry Concerning a Judge re Linda Ann GLOECKNER.
TEXT: PER CURIAM. We are called upon to enter an appropriate order in a disciplinary matter
regard...s reprimanded for the event described above. It is so ordered. BARKETT, C.J., and
OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
638-CITE: 683 So.2d 618 Lawrence KAHANA, Alan Kahana, and Kay J. McGucken, d b a Cherokee Associates, a
Florida general partnership, Petitioners, v. CITY OF TAMPA, Respondent.
TEXT: ALTENBERND, Judge. Lawrence Kahana, Alan Kahana and Kay J. McGucken d b a Cherokee
Associate...Petition for writ of certiorari granted, order of dismissal quashed, and cause remanded
with directions. PARKER, A.C.J., and PATTERSON, J., concur.
639-CITE: 451 So.2d 817 Larry Harold GURGANUS, Appellant, v. STATE of Florida, Appellee.
TEXT: ADKINS, Justice. This is a direct appeal from judgments adjudging appellant guilty of two
co...rt with instructions to grant defendant a new trial. It is so ordered. ALDERMAN, C.J., and
BOYD, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
640-CITE: 500 So.2d 139 THE FLORIDA BAR, Complainant, v. J. Charles SHORES, Jr., Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before us on complaint of The Florida Bar and
th...espondent, for which sum let execution issue. It is so ordered. McDONALD, C.J., and ADKINS,
BOYD, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.
641-CITE: 652 So.2d 1177 STATE of Florida, Appellant, v. Basilio Pandelis LUKAS, Appellee.
TEXT: RYDER, Acting Chief Judge. The State of Florida challenges the trial court s dismissal of
tw...rsed and remanded. DANAHY and PARKER, JJ., concur. ------------ (FN1) Section 316.193(3),
Fla.Stat. (1991). (FN2) Section 782.07, Fla.Stat. (1991).
642-CITE: 569 So.2d 861 Willard Carl ROBERTSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is the appeal of a conviction for DUI manslaughter and leaving the scene
*8...316.193 OR MUST THE STATE INTRODUCE COMPETENT PROOF *864 WHOLLY INDEPENDENT OF THE STATUTE?
AFFIRMED. HARRIS, PETERSON and GRIFFIN, JJ., concur.
643-CITE: 743 So.2d 174 Richard H. MORGAN, Appellant, v. Fawn MORGAN, Appellee.
TEXT: HARRIS, J. Upon the divorce of the parties, the wife became the owner of a half interest in
...he agreement. We reverse with instructions for the court to enforce the stipulation previously
approved by it. PETERSON and THOMPSON, JJ., concur.
644-CITE: 480 So.2d 712 John Henry YOUNG, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Judge. The sole issue in this case is whether or not the trial court erred in
departi...sentencing within the presumptive sentence range of any nonstate prison sanction.
SENTENCE VACATED; REMANDED. COBB, C.J. and UPCHURCH, J., concur.
645-CITE: 572 So.2d 953 James OWENS, Appellant, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,
etc., Appellee.
TEXT: GOSHORN, Judge. James Owens appeals a directed verdict in favor of the Department of
Highway...ion of the van was also operational in nature and not subject to governmental immunity.
REVERSED and REMANDED. W. SHARP and PETERSON, JJ., concur.
646-CITE: 583 So.2d 439 Thomas DUNCAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant was convicted on charges of sexual battery on his nine year old
da...at. (1989). Accordingly, we reverse the conviction and sentence of the appellant and remand
for a new trial. DELL, GUNTHER and POLEN, JJ., concur.
647-CITE: 615 So.2d 176 STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES and Deborah
Jeanette Daniels, Appellants, v. Greg Scott DAY, Appellee.
TEXT: FRANK, Judge. This appeal arises from the trial court s order denying Deborah Jeanette
Danie...pen the previously adjudicated question of paternity. Accordingly, the order under review
is reversed. SCHOONOVER, A.C.J., and PARKER, J., concur.
648-CITE: 536 So.2d 1054 Willie JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. In this appeal from a denial of a petition for release from involuntary
hos...ed upon circumstances attending appellant s hospitalization at the time of the hearing
required by this opinion. JOANOS and WIGGINTON, JJ., concur.
649-CITE: 670 So.2d 1128 Robert Lee SWINTON, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: QUINCE, Judge. Counsel for appellant filed a brief pursuant to Anders v. California, 386
U.S...med, assessment of attorney s fees reversed, and certain costs and a condition of probation
stricken. THREADGILL, C.J., and SCHOONOVER, J., concur.
650-CITE: 619 So.2d 994 Robert W. SMITH, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Robert Smith appeals the order denying his petition to recalculate credit for
ti... sentence imposed upon the offender by the court ). Since chapter 917 was no longer in effect
on the date of Smith s sentencing, it is inapplicable.
651-CITE: 616 So.2d 539 Alfred TURCHARIO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Alfred Turchario appeals from a written order imposing a new period of
probation...dant to object to those conditions. Reversed and remanded. THREADGILL, A.C.J.,
ALTENBERND, J., and STOUTAMIRE, R. GRABLE, Associate Judge, concur.
652-CITE: 668 So.2d 294 James Alan JACOBS, Appellant, v. STATE of Florida, Appellee.
TEXT: BENTON, Judge. On appeal from judgment and sentence imposed after a revocation hearing and
o...lized his reasons for revocation is already of record, and no purpose would be served by a
remand. Affirmed. JOANOS and VAN NORTWICK, JJ., concur.
653-CITE: 484 So.2d 77 James W. HOLMES, Appellant, v. Robert H. BONANNO, County Judge, Hillsborough
County, Appellee.
TEXT: PER CURIAM. James Holmes petitions this court for a writ of certiorari to review a decision
...concur. ------------ (FN1) In a non-jury trial jeopardy attaches when the court begins to hear
evidence. Bernard v. State, 261 So.2d 133 (Fla.1972).
654-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.
655-CITE: 676 So.2d 991 James Edward BROCK, Appellant, v. STATE Of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING AND REHEARING EN BANC AND TO CERTIFY A CONFLICT OR QUESTION PER
CURI...cing and, therefore, need not be addressed in light of our holding. REVERSING and REMANDING
for a new trial. BOOTH, MINER and MICKLE, JJ., concur.
656-CITE: 489 So.2d 1163 Randy Scott DEGROAT, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Judge. Degroat appeals his sentence of five years for the theft of an automobile,
(FN...479 So.2d 265 (Fla. 5th DCA 1985); Sanchious v. State, 478 So.2d 1191 (Fla. 5th DCA 1985);
Vandeneynden v. State, 478 So.2d 429 (Fla. 5th DCA 1985).
657-CITE: 643 So.2d 1027 Donald David DILLBECK, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Donald Dillbeck appeals his convictions for first-degree murder, armed robbery,
...bbery; first-degree murder was effected on a felony-murder basis. ------------ (FN6) We find the
remainder of Dillbeck s claims to be without merit.
658-CITE: 690 So.2d 706 Glenn E. STEINER, Petitioner, v. STATE of Florida, Respondent.
TEXT: WARNER, Judge. We grant the petition for certiorari from the opinion of the circuit court
si...We therefore grant the petition and quash the decision of the circuit court reversing the
county court s order. GLICKSTEIN and FARMER, JJ., concur.
659-CITE: 526 So.2d 723 Shirley STANCATO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant was charged and convicted of manslaughter by operating a motor
veh...oth D.W.I. manslaughter and vehicular homicide as to a single death. On this issue, Grala has
been overruled sub silentio by Houser, 474 So.2d 1193.
660-CITE: 667 So.2d 488 Kenneth L. HENNINGER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Kenneth L. Henninger appeals his single conviction and sentence for DUI, after
b...crimes of which he was acquitted ). AFFIRMED in part, REVERSED in part, and REMANDED for
resentencing. JOANOS, WOLF and VAN NORTWICK, JJ., concur.
661-CITE: 512 So.2d 213 Clarence JACKSON, Steven G. Rinker and Glenn G. Rinker, Appellants, v. Barbara
TURNIPSEED and Joseph Turnispeed, Appellees.
TEXT: PER CURIAM. Affirmed. See Potamkin v. Horne, 505 So.2d 560 (Fla. 3d DCA 1987) (rehearing en
...ond) of the Laws of Torts as adopted by the dissent in the Potamkin case. Thus, although I joined
that dissent, I concur in affirmance in this case.
662-CITE: 684 So.2d 269 Eric SANFORD, Appellant, v. STATE of Florida, Appellee.
TEXT: SHAHOOD, Judge. We affirm appellant s judgment and conviction on the charge of delivery of
c...0 (Fla. 4th DCA 1996); Catholic v. State, 632 So.2d 272 (Fla. 4th DCA 1994). Affirmed in part;
reversed in part. GLICKSTEIN and DELL, JJ., concur.
663-CITE: 578 So.2d 749 Henry Lewis PETERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. The appellant, Henry Peterson, challenges his conviction for possession of
coca...nd vacate his conviction and sentence. We therefore remand the cause with directions
consistent herewith. FRANK, A.C.J., and PATTERSON, J., concur.
664-CITE: 695 So.2d 771 STATE of Florida, Appellant, v. Carl Brune JOHNSON, Jr., Appellee.
TEXT: W. SHARP, Judge. The state appeals from an order which denied the rehearing of an order
supp...iams, 417 So.2d 755 (Fla. 5th DCA 1982). (FN12) See Johnson v. State, 660 So.2d 648
(Fla.1995); State v. Eldridge, 565 So.2d 787 (Fla. 2d DCA 1990).
665-CITE: 435 So.2d 839 Walter FITZER, as the Personal Representative of the Estate of Diane Fitzer,
deceased, Appellant, v. J. Russell FORLAW, M.D., Appellee.
TEXT: LETTS, Chief Judge. The trial court granted a motion to dismiss the complaint because it
fai...IABLE TO A THIRD PARTY FOR THE NEGLIGENCE OF THE PATIENT IN DRIVING A CAR WHILE UNDER THE
INFLUENCE OF THE DRUG? DOWNEY and BERANEK, JJ., concur.
666-CITE: 658 So.2d 1011 STATE of Florida, Petitioner, v. Ronald J. UNRUH, Respondent.
TEXT: ON MOTION FOR REHEARING EN BANC THOMPSON, Judge. We have elected to rehear this case en
ban...f this important right. In my view, the very status as custodian places a duty on the jailer
to offer reasonable assistance. W. SHARP, J., concurs.
667-CITE: 609 So.2d 613 STATE of Florida, Appellant, v. Sydney ROCHELLE, Kenneth Comrey, and Alex
Atchison, Appellees.
TEXT: PER CURIAM. The county court entered an order stating findings of fact and conclusions of
la...the following: [Editor s Note: Opinion modified for publication.] GLICKSTEIN, C.J., and
ANSTEAD, J., concur. HERSEY, J., dissents without opinion.
668-CITE: 674 So.2d 847 Jeremy GILCHRIST, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Jeremy Gilchrist appeals, by Anders (FN1) brief, from his sentences for
tw...la. 2d DCA 1993); Jones v. State, 623 So.2d 627 (Fla. 5th DCA 1993). Affirmed in part,
reversed in part. CAMPBELL, A.C.J., and QUINCE, J., concur.
669-CITE: 749 So.2d 516 Freddie WILSON, Appellant, v. STATE of Florida, Appellee.
TEXT: ANTOON, C.J. Freddie Wilson appeals his judgments and sentences which were imposed by the
tr...and proved reckless driving in a separate count? This question reveals the concerns defendants
should have with the argument advanced by Mr. Wilson.
670-CITE: 526 So.2d 768 Patricia ESTOCK, Appellant, v. Zivadin KRSTIC, a k a Chris Krstic, Appellee.
TEXT: PER CURIAM. Patricia Estock appeals from a final judgment entered pursuant to a directed
ver...n of the provisions of the statutes of this state, or negligence in observing such care and
such operation as the rules of the common law require.
671-CITE: 648 So.2d 701 STATE of Florida, Petitioner, v. James E. TAYLOR, Respondent.
TEXT: SHAW, Judge. We have for review a decision presenting the following certified question of
gr...ay only be conducted on the basis of probable cause. People v. Carlson, 677 P.2d 310
(Colo.1984); Jones v. State, 459 So.2d 1068 (Fla. 2d DCA 1984).
672-CITE: 489 So.2d 726 THE FLORIDA BAR, Complainant, v. Eric A. RODRIGUEZ, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding by The Florida Bar Bar against Eric A. Rodriquez,
a...gainst respondent, for which sum let execution issue. It is so ordered. ADKINS, Acting C.J.,
and OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
673-CITE: 581 So.2d 1370 STATE of Florida, Appellant, v. Julian Scaffe McINNIS, et al., Appellees.
TEXT: W. SHARP, Judge. The state appeals from a final order of the county court in and for the
Sev...tion 316.193 is unavailing because the statute does not create two categories of persons
similarly situated who are nonetheless treated differently.
674-CITE: 505 So.2d 472 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Hampton Rob BELL, Respondent.
TEXT: PER CURIAM. The Department of Highway Safety and Motor Vehicles petitions this court for a
w... in part and denied in part, and this case is remanded for proceedings consistent herewith.
CAMPBELL, A.C.J., and SCHOONOVER and HALL, JJ., concur.
675-CITE: 507 So.2d 711 STATE of Florida, Appellant, v. Edwin LASLEY and Robert Buchanan, Appellees.
TEXT: ON MOTION TO DISMISS PER CURIAM. Appellees have moved to dismiss this appeal as untimely
fi...tate v. White, 470 So.2d 1377 (Fla.1985); Section 924.07(6) Fla.Stat. (1985). Motion denied.
SCHEB, A.C.J., and SCHOONOVER and FRANK, JJ., concur.
676-CITE: 687 So.2d 884 E.H., Appellant, v. TEMPORARY LABOR SOURCE, INC., and Cisco, Appellees.
TEXT: ERVIN, Judge. Claimant, E.H., appeals the order by the Judge of Compensation Claims (JCC)
de... is an issue of fact for the JCC to resolve on remand. See, however, North River Ins. Co. v.
Wuelling, 683 So.2d 1090 (Fla. 1st DCA 1996) (en banc).
677-CITE: 694 So.2d 104 STATE of Florida, Appellant, v. K.S., a child, Appellee.
TEXT: W. SHARP, Judge. The state appeals from the trial court s order suppressing evidence which
w...----------- (FN1) Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Section
901.151, Fla.Stat. (1995) (Florida s Stop and Frisk Law).
678-CITE: 500 So.2d 732 Kent A. VAN BUREN, Petitioner, v. STATE of Florida, Respondent.
TEXT: CAMPBELL, Judge Kent Van Buren petitions this court for a writ of certiorari to review an
ap...cuit court and remand this case to the county court with directions to reinstate the original
sentence. GRIMES, A.C.J., and SCHOONOVER, J., concur.
679-CITE: 553 So.2d 730 STATE of Florida, Appellant, v. Terry JOHNSTON, Appellee.
TEXT: RYDER, Judge. The opinion filed in this cause on October 27, 1989 is withdrawn and this
opin...inion in that regard as the question was not raised on appeal. Certified question answered
in the negative. SCHEB, A.C.J., and PARKER, J., concur.
680-CITE: 523 So.2d 1180 STATE of Florida, Appellant, v. Charles FLOOD, et al., Appellee.
TEXT: COBB, Judge. The issue in this case is whether the county court erred in determining that
th...ingly, the order of the county court is AFFIRMED and the certified question is answered in the
affirmative. SHARP, C.J., and ORFINGER, J., concur.
681-CITE: 447 So.2d 328 George W. MOBLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, George W. Mobley, is challenging the trial court s retention of
juris...court based on Springfield v. State, 443 So.2d 484 (Fla. 2d DCA 1984), and Fredricks v.
State. GRIMES, A.C.J., and SCHEB and CAMPBELL, JJ., concur.
682-CITE: 747 So.2d 1039 Janet HERN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The trial court found that Janet Hern violated her community control by failing
...t willfully or substantially violate it. No motions for rehearing will be entertained by this
court. WARNER, C.J., SHAHOOD and GROSS, JJ., concur.
683-CITE: 578 So.2d 457 Wallace BOUDREAUX, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reversed the condition of probation imposed upon appellant that he pay court
...robation. Accordingly, we AFFIRM in part and REVERSE in part and REMAND for modification as
directed herein. SMITH, ZEHMER and MINER, JJ., concur.
684-CITE: 666 So.2d 182 Patrick Scott MURPHY, Appellant, v. STATE of Florida, Appellee.
TEXT: QUINCE, Judge. Patrick Scott Murphy appeals his judgment and sentence alleging the trial
cou...ed on remand after notice and an opportunity to be heard. Affirmed in part; reversed and
remanded in part. FRANK, A.C.J., and LAZZARA, J., concur.
685-CITE: 608 So.2d 13 Lee Robertson HAYLES, Petitioner, v. STATE of Florida, Respondent.
TEXT: KOGAN, Justice. We have for review Hayles v. State, 596 So.2d 1236 (Fla. 1st DCA 1992),
whic... the extent it is inconsistent with our views here. It is so ordered. BARKETT, C.J., and
OVERTON, McDONALD, SHAW, GRIMES and HARDING, JJ., concur.
686-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.
687-CITE: 585 So.2d 385 STATE of Florida, Appellant, v. Carrick A. SCATES, Appellee.
TEXT: POLEN, Judge. This appeal presents a factual scenario identical to those presented in State
...REHABILITATION PROVISION OF SECTION 397.12, FLORIDA STATUTES (1989)? REVERSED and REMANDED and
QUESTION CERTIFIED. DELL and GUNTHER, JJ., concur.
688-CITE: 513 So.2d 1119 Jimmy McCLURE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant appeals from the revocation of his probation and from the trial court
...eversed in part, and remanded for resentencing and correction of the order revoking probation.
CAMPBELL, A.C.J., SCHOONOVER and LEHAN, JJ., concur.
689-CITE: 657 So.2d 1135 THE FLORIDA BAR, Complainant, v. Phillip S. DAVIS, Respondent.
TEXT: PER CURIAM. This is a bar disciplinary proceeding in which Attorney Phillip S. Davis
petitio...hich sum let execution issue. It is so ordered. GRIMES, C.J., and OVERTON, SHAW, HARDING
and ANSTEAD, JJ., concur. KOGAN and WELLS, JJ., recused.
690-CITE: 669 So.2d 1079 Paul HUBER, Appellant, v. STATE of Florida, Appellee.
TEXT: SHAHOOD, Judge. The defendant was convicted of sexual battery and aggravated battery. We
hav...ntoxicated. Gardner v. State, 480 So.2d 91 (Fla.1985). REVERSED AND REMANDED. GLICKSTEIN,
J., and GRIFFIN, JACQUELINE R., Associate Judge, concur.
691-CITE: 593 So.2d 273 Faye A. FERGUSON, etc., Appellant., v. Neil PERRY, Sheriff of St. Johns County,
Appellee.
TEXT: GRIFFIN, Judge. Faye A. Ferguson, as personal representative of the estate of Herbert Lee
Br...el activity for which the sheriff is not immune from suit. Hutchinson, 548 So.2d at 886.
REVERSED and REMANDED. DAUKSCH and W. SHARP, JJ., concur.
692-CITE: 698 So.2d 343 Nathaniel HARRIS, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. We deny the state s motion for rehearing but
substitute...probationer reduced to administrative probation. Such offender is exempt from further
payment for cost of supervision as required in Section 948.09.
693-CITE: 629 So.2d 1004 Florence APPEL, Petitioner, v. Suzie QUILANTANG and the North River Insurance
Company, Respondents.
TEXT: PER CURIAM. Petitioner, plaintiff in a personal injury suit, seeks review by certiorari of
a...is case did not require the production of anything which was not discoverable, we deny
certiorari. DELL, C.J., and KLEIN and PARIENTE, JJ., concur.
694-CITE: 515 So.2d 1017 Mark Daniel WINKLER, Appellant, v. STATE of Florida, Appellee.
TEXT: EDWARD F. BOARDMAN, (Ret.) Judge. Appellant Mark Daniel Winkler appeals his convictions and
...nd no merit to any of the other points appellant raises regarding his convictions and sentences.
Affirmed. CAMPBELL, A.C.J., and HALL, J., concur.
695-CITE: 453 So.2d 1183 STATE of Florida, Appellant, v. Paul R. FARDELMAN, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order suppressing evidence of the results of an
in...e courts may be passed by the legislature, but they are not given retroactive effect. See
Barton v. Keyes Company, 305 So.2d 269 (Fla. 3d DCA 1974).
696-CITE: 630 So.2d 205 Timothy PORTER, Appellant Cross-Appellee, v. VISTA BUILDING MAINTENANCE
SERVICES, INC., Appellee Cross-Appellant.
TEXT: PER CURIAM. The denial of the plaintiff s pretrial motion for an order prohibiting the
defen...., 498 So.2d 488 (Fla. 3d DCA 1986); Fredericson v. Levinson, 495 So.2d 842 (Fla. 3d DCA
1986); O Brien v. Ortiz, 467 So.2d 1056 (Fla. 3d DCA 1985).
697-CITE: 682 So.2d 1105 Wallace Calvin LAMPP, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Wallace Calvin Lampp, challenges the trial court s judgment and
s...e costs and that portion of probation condition (8) mentioned above. Affirmed as modified.
SCHOONOVER, A.C.J., and FRANK and WHATLEY, JJ., concur.
698-CITE: 674 So.2d 193 Julia STRINGER, Appellant, v. Lawrence KATZELL, M.D., individually, Lawrence
Katzell, M.D., P.A., a Professional Association, David G. Droller, M.D., individually, David G.
Droller, M.D., P.A., a Professional Association, Appellees.
TEXT: GROSS, Judge. This is an appeal from an order granting a directed verdict for defendants in
...ther point on appeal, concerning the bias of the trial judge against her, is without merit.
REVERSED AND REMANDED KLEIN and PARIENTE, JJ., concur.
699-CITE: 578 So.2d 410 Daniel Robert MURPHY, Appellant, v. STATE of Florida, Appellee.
TEXT: UPON MOTION FOR REHEARING FILED BY APPELLEE, STATE OF FLORIDA PER CURIAM. We grant the
moti...MED in part; REVERSED in part; and REMANDED for proceedings consistent herewith. POLEN and
GARRETT, JJ., and JAMES H. WALDEN, Senior Judge, concur.
700-CITE: 619 So.2d 988 Woodrow CONAHAN, Petitioner, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,
BUREAU of DRIVER IMPROVEMENT, State of Florida, Respondent.
TEXT: DIAMANTIS, Judge. Petitioner Woodrow Conahan was arrested for driving under the influence
of...a are not being afforded a prompt, fair, meaningful hearing by this statutory procedure, the
procedure should be invalidated on due process grounds.
701-CITE: 687 So.2d 52 George HERTZSCHUCH, Appellant, v. The STATE of Florida, Appellee.
TEXT: FLETCHER, Judge. George Hertzschuch appeals the circuit court s dismissal of his petition
fo...one in relation to DUI injury to persons. Accordingly, the circuit court s dismissal of
Hertzschuch s petition for writ of prohibition is affirmed.
702-CITE: 610 So.2d 572 STATE of Florida, Appellant, v. Brian K. TRASTER, Appellee.
TEXT: PER CURIAM. The state seeks review of a sentencing order that departs downward from the
sent...to commit the crime. As these findings were proven by a preponderance of the evidence, the
departure can be sustained under both Barbera and Herrin.
703-CITE: 654 So.2d 221 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Roger RIGGEN,
Appellee.
TEXT: PER CURIAM. The Department of Highway Safety and Motor Vehicles (the Department) seeks
revie...nt the Department s petition and quash the circuit court s order that reinstated Mr. Riggen
s driver s license. ERVIN, MINER and WOLF, JJ., concur.
704-CITE: 654 So.2d 234 Solomon JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: DELL, Chief Judge. Solomon Jackson appeals an order of revocation of community control
stemm...consider any time served by appellant on community control during pendency of this appeal.
REVERSED and REMANDED. WARNER and PARIENTE, JJ. concur.
705-CITE: 574 So.2d 1059 Billy Ray NIBERT, Appellant, v. STATE of Florida, Appellee.
TEXT: BARKETT, Justice. Billy Ray Nibert was tried and convicted of first-degree murder and
senten...nd for imposition of a sentence of life imprisonment. It is so ordered. SHAW, C.J., and
OVERTON, McDONALD, EHRLICH, GRIMES and KOGAN, JJ., concur.
706-CITE: 675 So.2d 648 Jeremy E. LUNN, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Judge. On March 10, 1995, Jeremy Lunn, a juvenile, entered a plea of guilty to
burgla...reimbursement. Jones v. State, 661 So.2d 50 (Fla. 2d DCA 1995). Reversed and remanded for
resentencing. THREADGILL, C.J., and LAZZARA, J., concur.
707-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.
708-CITE: 723 So.2d 910 Zachary RICHARDSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant Zachary Richardson appeals the summary denial of his motion for
post-c...to him is wholly without merit, and the trial court s ruling on that portion of the motion
is AFFIRMED. KAHN, BENTON and VAN NORTWICK, JJ., CONCUR.
709-CITE: 540 So.2d 916 STATE of Florida, Appellant, v. Wayne GRIFFITH, Appellee.
TEXT: PER CURIAM. Appellee Wayne Griffith entered pleas of guilty to two counts of driving under
t...ine not exceeding $5,000. Section 775.083(1)(a)(c), Fla.Stat. (1987). However, this section
establishes no minimum fines for any offense categories.
710-CITE: 654 So.2d 241 PRUETT-SHARPE CONSTRUCTION and Continental Loss Adjusting Services, Inc.,
Appellants, v. Charles HAYDEN, Appellee.
TEXT: SMITH, Senior Judge. The employer servicing agent (ESA), appellants, seek reversal of a
work...to all issues except for the award of remedial medical care, and on remand the order should
be corrected accordingly. ALLEN and DAVIS, JJ., concur.
711-CITE: 734 So.2d 508 Henry H. RUSS, Jr., Appellant, v. CITY OF JACKSONVILLE, Appellee.
TEXT: VAN NORTWICK, J. Henry R. Russ, Jr., appeals the final judgment in his false arrest action
a...ained on field sobriety reports. What reason would Officer Baker have to lie? Certainly if
there was a reason, it wasn t brought out in the trial.
712-CITE: 609 So.2d 634 Donna Steiner KOBLITZ, Appellant, v. Craig A. KOBLITZ, Appellee.
TEXT: GLICKSTEIN, Chief Judge. This is an appeal from a non-final order of the trial court,
approv...n is entirely moot is a matter for the trial court to decide in the best interests of the
child. GLICKSTEIN, C.J., and DELL and POLEN, JJ., concur.
713-CITE: 626 So.2d 991 Timothy Michael COLLINS and Donald Lee Fleming, Jr., Appellants, v. STATE of
Florida, Appellee.
TEXT: LAWRENCE, Judge. Donald Lee Fleming, Jr. (Fleming) and Timothy Michael Collins (Collins)
wer...d as having brown blond hair, 5 5 -5 7 tall, and weighing 150-155 pounds. (FN7) Counsel, whose
name is Collins, is not related to defendant Collins.
714-CITE: 625 So.2d 123 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, State of Florida, Petitioner,
v. Charles STEWART, Respondent. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, State of Florida,
Petitioner, v. Robert HENRY, Respondent.
TEXT: GRIFFIN, Judge. In these consolidated cases, both respondents were charged with driving
unde...18. (FN2) Conahan, 619 So.2d at 990, (Griffin, J., concurring). *125 WRITS GRANTED and
REMANDED with instructions. COBB and PETERSON, JJ., concur.
715-CITE: 605 So.2d 508 STATE of Florida, Appellant, v. Lee Edward MANNING, Appellee.
TEXT: HARRIS, Judge. The State of Florida timely appeals the judgment and sentence of Lee Edward
M...iving reasons justifying a downward departure sentence. The holding in Kendrick is the only
authority needed to rationalize a reversal in this case.
716-CITE: 671 So.2d 197 Astley HALL, Appellant, v. RECCHI AMERICA INC. and Palmer & Cay Carswell,
Appellees.
TEXT: DAVIS, Judge. Appellant, Astley Hall, appeals an order of the judge of compensation claims
(...ions to the workers compensation law: [W]orkers compensation cases shall be decided on their
merits. Section 440.015, Florida Statutes (1994 Supp.).
717-CITE: 556 So.2d 772 Willie GATLIN, Appellant, v. STATE of Florida, Appellee.
TEXT: SMITH, Judge. Appellant seeks reversal of his conviction for possession of cocaine, arguing
...ould hinge upon the presentation of evidence by the defense. Accordingly, the judgment of
conviction is AFFIRMED. THOMPSON and MINER, JJ., concur.
718-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.
719-CITE: 662 So.2d 1299 John R. WITMER, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Appellee.
TEXT: WARNER, Judge. The appellant, a horse track veterinarian, challenges the order of a hearing
...he order of the Division of Administrative Hearings, and remand for entry of an order consistent
with this opinion. KLEIN and SHAHOOD, JJ., concur.
720-CITE: 581 So.2d 49 Vernon Ray COOPER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Cooper appeals the death sentence imposed upon resentencing. We have
jurisdictio...tigating circumstances, I do not think that there is a reasonable basis upon which the
jury s recommendation can be sustained. SHAW, C.J., concurs.
721-CITE: 582 So.2d 820 STATE of Florida, Appellant, v. Reginald A. WALDO, III, Appellee.
TEXT: SHOONOVER, Chief Judge. The State of Florida challenges the sentence imposed upon the
appell...delines. State v. Fraser, 564 So.2d 1262 (Fla. 2d DCA 1990). Reversed and remanded.
THREADGILL, J., and REESE, THOMAS S., Associate Judge, concur.
722-CITE: 670 So.2d 1080 Marcus WYMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant appeals his judgment and sentence for possession of
... and sentence, but reverse the imposition of the special conditions and costs of prosecution
unlawfully imposed. PARKER and PATTERSON, JJ., concur.
723-CITE: 742 So.2d 504 Shirley HASEGAWA, Appellant, v. Leroy ANDERSON, Appellee.
TEXT: NORTHCUTT, Judge. Leroy Anderson sued Shirley Hasegawa, seeking damages for injuries he
rece...at their verdict was irrational, based on prejudice or not supported by the evidence.
Reversed and remanded. FULMER, A.C.J., and GREEN, J. Concur.
724-CITE: 475 So.2d 209 STATE of Florida, Petitioner, v. Anthony Dean IAFORNARO, Respondent.
TEXT: ADKINS, Justice. This case is before us because it expressly and directly conflicts with
Sta...YD, Chief Justice, dissenting. I dissent for the reasons stated in my dissent to the Court s
decision in State v. Ramsey, 475 So.2d 671 (Fla.1985).
725-CITE: 584 So.2d 141 STATE of Florida, Appellant, v. Robert REISNER, Appellee.
TEXT: ON MOTION FOR REHEARING, REHEARING EN BANC AND CERTIFICATION W. SHARP, Judge. Appellee
move... COBB and PETERSON, JJ., concur. ------------ (FN13) State v. Bender, 382 So.2d 697
(Fla.1980) (discussing section 322.261, Florida Statutes (1977).
726-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).
727-CITE: 559 So.2d 416 Norris HUBBARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. The sole issue presented in this appeal is whether the trial court, at
senten...operator s or chauffeur s conviction of any of the following offenses: . . . . (3) Any
felony in the commission of which a motor vehicle is used.
728-CITE: 558 So.2d 398 Robert David HEINEY, Petitioner, v. Richard L. DUGGER, Respondent. Robert David
HEINEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robert David Heiney, under sentence of death and the governor s death warrant,
p...to consider any of this evidence, mistakenly believing that he could not do so. I cannot
conclude that this was harmless error. KOGAN, J., concurs.
729-CITE: 637 So.2d 952 STATE of Florida, Appellant, v. Eric F. BINION, Appellee.
TEXT: KLEIN, Judge. We reverse an order suppressing statements made by defendant while he was in
c...Miranda has been violated. Kelley, 486 So.2d at 584. We therefore reverse that portion of the
suppression order. DELL, C.J. and FARMER, J., concur.
730-CITE: 681 So.2d 722 Kelly POWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Kelly Powell appeals the trial court order of revocation of probation,
specifica...ble to Powell because he committed his offenses prior to July 6, 1992, the effective
date of the amendment. See Ch. 92-310, Section 23, Laws of Fla.
731-CITE: 489 So.2d 888 Timothy M. BALES, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. Bales appeals a judgment and sentence entered after revocation of his
proba...anded with directions to reinstate Bales original judgment and sentence with credit for all
time he has served. SHIVERS and WIGGINTON, JJ., concur.
732-CITE: 677 So.2d 1369 Dorothy STEWARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant pled no contest to ten counts of bookmaking and was placed on
probatio...ated to the crimes for which Appellant pled no contest, nor does the record indicate that
the condition is reasonably related to her rehabilitation.
733-CITE: 438 So.2d 1085 STATE of Florida, Petitioner, v. Martha Gwen POTTER, Respondent.
TEXT: OTT, Chief Judge. By Petition for Writ of Certiorari, the state asks this court to review
th...on affirming the trial court s suppression of the breathalyzer results is AFFIRMED for the
reasons herein expressed. DANAHY and LEHAN, JJ., concur.
734-CITE: 692 So.2d 199 Javier E. MARTINEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: COPE, Judge. Javier E. Martinez appeals his conviction for vehicular homicide. We affirm.
D... sentence was 7.7 years, which exceeds the 5-year legal maximum. The trial court was entitled to
impose the sentence that it did. Rehearing denied.
735-CITE: 721 So.2d 1163 Charles William FLOYD, Petitioner, v. STATE of Florida, Respondent.
TEXT: SHAW, Justice. We have for review Floyd v. State, 707 So.2d 833 (Fla. 1st DCA 1998), based
o... KOGAN and ANSTEAD, JJ., concur. ------------ (FN2) We decline to address the other issue raised
by Floyd since it was not the basis for our review.
736-CITE: 600 So.2d 551 James Dale BAUMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. James Bauman appeals his judgment and sentences for felony driving under the
inf...tute). Reversed in part and remanded for further proceedings consistent with this opinion.
DANAHY, A.C.J., and PARKER and ALTENBERND, JJ., concur.
737-CITE: 685 So.2d 858 James Calvin WASHINGTON, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Acting Chief Judge. James Calvin Washington was charged with and convicted of
possess...). Washington s convictions are affirmed; certain costs stricken, and probation
conditions six and eight modified. FULMER and QUINCE, JJ., concur.
738-CITE: 699 So.2d 289 Gerardo PLAZA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant appeals from judgments of conviction and sentences for first degree
mu...tions degrade the justice system, undermine the public s confidence in our courts and may
ultimately lead to the demise of the peremptory challenge.
739-CITE: 650 So.2d 1056 John Warringer SMITH, III, Petitioner, v. STATE of Florida, Respondent.
TEXT: ALTENBERND, Judge. John Warringer Smith, III, has filed a petition for writ of habeas
corpus...bond is not so extreme as to warrant relief through certiorari. Petition for writ of
certiorari denied. DANAHY, A.C.J., and PATTERSON, J., concur.
740-CITE: 666 So.2d 137 In re Inquiry Concerning a Judge, Hugh M. FLETCHER, No. 93-391.
TEXT: PER CURIAM. In our previous opinion, we remanded this case to the Judicial Qualifications
Co...d upon factual determinations which deal directly with the charges that the Commission brought
against Judge Fletcher. SHAW and KOGAN, JJ., concur.
741-CITE: 597 So.2d 796 THE FLORIDA BAR, Complainant, v. James A. BAZLEY, Jr., Respondent.
TEXT: PER CURIAM. This disciplinary proceeding against James A. Bazley, Jr., is before us on the
p...st Bazley, for which sum let execution issue. It is so ordered. SHAW, C.J. and OVERTON,
McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
742-CITE: 516 So.2d 283 DAVID J. BURTON, D.M.D., P.A., David J. Burton, Individually, Petitioner, v.
Bernadette BECKER and James Becker, her husband, Respondents. TRUSTEES OF MEASE HOSPITAL, INC., d b
a Mease Health Care, Petitioner, v. Bernadette BECKER and James Becker, her husband, Respondents.
TEXT: RYDER, Judge. These are consolidated petitions for writs of certiorari to review an order
of... trial court for further proceedings consistent with this opinion. Petitions for writs of
certiorari granted. DANAHY, C.J., and FRANK, J., concur.
743-CITE: 694 So.2d 793 STATE of Florida, Appellant, v. Jerry BRIGHAM, Milan Krstec, John Paul
Pobudinski, and Terrence Rolph, Appellees.
TEXT: ALTENBERND, Acting Chief Judge. The state appeals a nonfinal order granting a motion in
limi...BAL, and defendants motions to suppress the breath test results as irrelevant (or dismiss the
information as not charging a crime) should be denied.
744-CITE: 669 So.2d 242 Ronald J. UNRUH, Petitioner, v. STATE of Florida, Respondent.
TEXT: KOGAN, Justice. We have for review State v. Unruh, 658 So.2d 1011 (Fla. 5th DCA 1994). We
ac...dent blood test. State v. Unruh, 658 So.2d at 1014. Accordingly, I would approve the district
court s opinion in this case. GRIMES, C.J., concurs.
745-CITE: 714 So.2d 662 STATE of Florida, Appellant, v. Stanley SHADLER, Appellee.
TEXT: W. SHARP, Judge. The state appeals an order of the trial court which granted Shadler s
motio...oyees in Arizona v. Evans. REVERSED. PETERSON and THOMPSON, JJ., concur. ------------
(FN1) U.S. Const, amend. IV; Art. 1, Section 12, Fla. Const.
746-CITE: 731 So.2d 807 Terrell Carlton GLEE, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, C.J. Terrell Carlton Glee [ Glee ] appeals his conviction for second-degree murder
...urdered the victim was too speculative for this court to find harmful error. AFFIRMED. ANTOON,
J., concurs. THOMPSON, J., concurs in result only.
747-CITE: 547 So.2d 272 STATE of Florida, Appellant, v. J. Arthur BRACKETT, Appellee.
TEXT: HALL, Judge. The state challenges the downward departure sentence imposed on the appellee
J....rt for further consideration of Brackett s sentence in accordance with this opinion. Reversed
and remanded. FRANK, A.C.J., and PARKER, J., concur.
748-CITE: 591 So.2d 1130 In the Interest of R., CHILDREN.
TEXT: PER CURIAM. The natural mother appeals two final judgments terminating her parental rights
a... of the child. We cannot help the one and shall not harm the other. J.L.P., 416 So.2d at 1253.
GLICKSTEIN, C.J., and STONE and FARMER, JJ., concur.
749-CITE: 701 So.2d 1263 ALLSTATE INSURANCE COMPANY, Appellant, v. Cynthia Torrence HINCHEY, Appellee.
TEXT: GERSTEN, Judge. Appellant, Allstate Insurance Company ( insurer ), appeals an order
granting...o.2d 663 (Fla. 3d DCA 1996); Miller v. Affleck, M.D., 632 So.2d 79 (Fla. 1st DCA 1993);
Tuttle v. Miami Dolphins, Ltd., 551 So.2d at 482. Reversed.
750-CITE: 433 So.2d 964 T. David BURNS, Petitioner, v. L.R. HUFFSTETLER, Jr., et al., Respondents.
TEXT: OVERTON, Judge. This cause is before this Court on a petition for a writ of prohibition
asse...s to punish attorney misconduct in this or any other cause. It is so ordered. ALDERMAN,
C.J., and ADKINS, BOYD, McDONALD and EHRLICH, JJ., concur.
751-CITE: 685 So.2d 842 James A. CARDI, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Chief Judge. James A. Cardi appeals his judgment and sentence for attempted
purc...e to the state to seek reimposition upon proper notice. Affirmed; remanded for correction of
judgment and sentence. BLUE and WHATLEY, JJ., concur.
752-CITE: 542 So.2d 367 Charles JOHNSON, as Personal Representative of the Estate of Leonna Johnson, a
deceased minor, on behalf of the Estate of Leonna Johnson, and on behalf of Saintain Eliodor and
Charles Johnson, as survivors of Leonna Johnson, deceased, Appellants Cross Appellees, v. FLORIDA
FARM BUREAU CASUALTY INSURANCE COMPANY, Florida Farm Bureau Mutual Insurance Company, W.E. Schlecter
and Sons, Inc., Everglades Celery Corporation, James Lamar Drisdom, Pullman, Inc. d b a T & M
Leasing, and Insurance Company of North America, Appellees Cross Appellants. Charles JOHNSON, as
Personal Representative of the Estate of Leonna Johnson, a deceased minor, on behalf of the Estate
of Leonna Johnson, and on behalf of Saintain Eliodor and Charles Johnson, as survivors of Leonna
Johnson, deceased, Appellants, v. FLORIDA FARM BUREAU CASUALTY INSURANCE COMPANY, Florida Farm
Bureau Mutual Insurance Company, W.E. Schlecter and Sons, Inc., Everglades Celery Corporation, and
James Lamar Drisdom, Appellees.
TEXT: STONE, Judge. The personal representative of the estate of a child who was run over by a
tra... the cross appeal. The amended final judgment awarding compensatory damages in favor of the
appellant is affirmed. ANSTEAD and WALDEN, JJ., concur.
753-CITE: 485 So.2d 861 STATE of Florida, Petitioner, v. Warren ABELSON, Respondent.
TEXT: DOWNEY, Judge. Respondent, Warren Abelson, was stopped in an organized roadblock, arrested,
... cannot agree that the circuit judge s ruling rises to the level of a departure from the
essential requirements of the law. I would deny certiorari.
754-CITE: 656 So.2d 223 Keith DAVIDSON, Petitioner, v. Cynthia Z. MACKINNON, Circuit Court Judge, etc.,
Respondent.
TEXT: W. SHARP, Judge. After Davidson refused to submit to a breathalyzer test, an administrative
...rive. PETITION DENIED. GRIFFIN and THOMPSON, JJ., concur. ------------ (FN4) Senate Staff
Analysis and Economic Impact Statement on SB 5-A (1989).
755-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.
756-CITE: 723 So.2d 362 Michael Allen ZACCARDO, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, M., Senior Judge. Appellant pled no contest to drug charges, reserving the right
t...th DCA 1991), rev. denied, 599 So.2d 654 (Fla.1992); McCrimmon v. State, 505 So.2d 13 (Fla. 5th
DCA 1987). AFFIRMED. COBB and ANTOON, JJ., concur.
757-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.
758-CITE: 684 So.2d 823 Gregory Robert RIEHLE, Petitioner, v. STATE of Florida, DEPARTMENT OF HIGHWAY
SAFETY AND MOTOR VEHICLES, BUREAU OF DRIVER IMPROVEMENT, Respondent.
TEXT: PER CURIAM. Gregory Riehle seeks certiorari review of a circuit court order denying his
cert... with directions to quash the order upholding petitioner s license suspension by the
respondent. BLUE, A.C.J., and QUINCE and WHATLEY, JJ., concur.
759-CITE: 596 So.2d 735 Sarah I. CLARK, Appellant, v. SCHOOL BOARD OF LAKE COUNTY, FLORIDA, Appellee.
TEXT: PETERSON, Judge. Sarah I. Clark appeals from a final order of the School Board of Lake
Count...k pay for her period of suspension except for that period for which she waived back pay.
REVERSED and REMANDED. DAUKSCH and W. SHARP, JJ., concur.
760-CITE: 695 So.2d 887 Lawrence D. BASHAM, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. A jury found the appellant guilty of driving under the
influence...d. Conviction affirmed; sentence affirmed in part and reversed in part; certain
conditions of probation stricken. QUINCE and WHATLEY, JJ., concur.
761-CITE: 702 So.2d 584 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Kevin E. GREEN,
Respondent.
TEXT: ALTENBERND, Judge. The State of Florida, Department of Highway Safety and Motor Vehicles
(th... FRANK, J., concur. ------------ (FN2) There is no argument in this case that the breath test
was not an approved test. See Fla.Admin.Code R. 11D-8.
762-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.
763-CITE: 503 So.2d 356 Kelvin Everett ESTEEN, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. After defendant s motion to suppress evidence was denied, a jury trial
resu...rtify to the Supreme Court of Florida the same question certified in Yost. AFFIRMED AS
MODIFIED. QUESTION CERTIFIED. COBB and COWART, JJ., concur.
764-CITE: 711 So.2d 105 Wayne STEINARD, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. Wayne Steinard challenges his conviction for aggravated assault with a deadly
w...2d DCA 1996). Steinard s conviction is affirmed; probation conditions twelve and thirteen are
stricken. ALTENBERND, A.C.J., and GREEN, J., concur.
765-CITE: 648 So.2d 308 Phillip Frank LUBY, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. The attorney for appellant, Phillip Frank Luby, has filed a brief pursuant
to...rom the order of probation Conditions 4 and 9, and to modify Condition 10 in accordance with
this opinion. RYDER, A.C.J., and CAMPBELL, J., concur.
766-CITE: 505 So.2d 455 Johnnie Lee UPSHAW, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant appeals the denial of his motion for discharge for
f...nial of his motion for discharge. The denial being proper, we therefore affirm the appellant s
judgment and sentence. LEHAN and FRANK, JJ., concur.
767-CITE: 710 So.2d 110 David CARTER, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, Judge. The issue in this case, which is one of first impression in Florida, is
whethe... a first DUI violation in Florida, up to six months incarceration, is clearly more severe
than what could qualify as an infraction under Morissette.
768-CITE: 642 So.2d 91 William Earl UNION, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from convictions of four counts of vehicular homicide.
Appella...scretion in the trial court s qualification of expert witnesses. The judgments and
sentences are AFFIRMED. JOANOS, LAWRENCE and DAVIS, JJ., concur.
769-CITE: 757 So.2d 1265 S.M.F., a minor, Petitioner, v. Robert NEEDLE, Luther Jordan, Park Miller,
Scott Williams, Cassandra P. Kinsey, and Louis O connor as officers of Comprehensive Alcoholism
Rehabilitation Programs, Inc., and Comprehensive Alcoholism Rehabilitation Programs, Inc., Arthur
Forshaw, and Anita Forshaw, Respondents.
TEXT: GROSS, J. Petitioner is a juvenile whose father and step-mother filed a petition against
her...vices Act of 1993. See Section 397.301, Fla.Stat. (1999). (FN2) CARP apparently refers to the
Comprehensive Alcoholism Rehabilitation Programs, Inc.
770-CITE: 501 So.2d 101 SPECIALTY RESTAURANTS CORP., and Biscayne Bay Restaurants Corp., Appellants, v.
CITY OF MIAMI, Horatio Enterprises, Inc., Marina Biscayne, Inc., Martin Rabin, Marilyn Rabin and
Stanley Rabin, Appellees. HORATIO ENTERPRISES, INC., Appellant, v. SPECIALTY RESTAURANTS CORP.,
Biscayne Bay Restaurants Corp., and City of Miami, Appellees.
TEXT: HENDRY, Judge. Plaintiffs Specialty Restaurants Corp. and Biscayne Bay Restaurants Corp.
(Sp...emonstrated therein. For the foregoing reasons and based upon the authorities cited, the
judgment and rulings under review are affirmed. Affirmed.
771-CITE: 519 So.2d 606 THE FLORIDA BAR, Complainant, v. Gregory S. HARTMAN, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding is before us on complaint of The Florida Bar and
th... of a right to the property or a benefit therefrom. (b) Appropriate the property to his own
use or to the use of any person not entitled thereto.
772-CITE: 575 So.2d 273 Edgar Johnny HEWITT, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, Judge. This is an appeal from a conviction for first degree murder and robbery and
s...victim. Bauldree v. State, 284 So.2d 196 (Fla.1973). Affirmed in part; reversed in part and
remanded for a new trial. DELL and STONE, JJ., concur.
773-CITE: 498 So.2d 914 In re Petition of FLORIDA BOARD OF BAR EXAMINERS FOR AMENDMENT OF the RULES OF
the SUPREME COURT OF FLORIDA RELATING TO ADMISSIONS TO the BAR.
TEXT: PER CURIAM. The Florida Board of Bar Examiners (the Board) previously petitioned this Court
...ring the period of probation may terminate the probation and subject the member to all available
grievance procedures under the Rules of Discipline.
774-CITE: 714 So.2d 640 John McGLOTHLIN, Appellant, v. STATE of Florida, Appellee.
TEXT: DELL, Judge. John McGlothlin was charged with two counts of capital sexual battery.
Pursuant...emand this cause to the trial court for resentencing within the guidelines. REVERSED and
REMANDED FOR RESENTENCING. WARNER and KLEIN, JJ., concur.
775-CITE: 603 So.2d 1353 Joseph M. RUSSO, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Chief Judge. Appellant, Joseph M. Russo, seeks review of an order revoking his
commu...th this decision, we certify conflict with a ruling of the Third District Court of Appeal on
a similar point of law. KAHN and WEBSTER, JJ., concur.
776-CITE: 711 So.2d 1212 STATE of Florida, Appellant, v. Darron K. WHITING, Appellee.
TEXT: THREADGILL, Acting Chief Judge. The state contends the trial court erred in imposing a
downw...iting should be permitted *1215 to withdraw his no-contest plea on remand. See Harrell.
Reversed and remanded. ALTENBERND and FULMER, JJ., concur.
777-CITE: 433 So.2d 611 Kenton Anthony BLAKE, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING JOANOS, Judge. Having considered the appellant s motion for
reheari...rmination of these matters. See Watts v. State, 410 So.2d 600 (Fla. 1st DCA 1982).
REVERSED in part and REMANDED. MILLS and THOMPSON, JJ., concur.
778-CITE: 679 So.2d 15 Ralph FILSAIME, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant, Ralph Filsaime, appeals his convictions and sentences for two
cou...d costs and conditions of probation, and remand for resentencing in accordance with this
opinion. RYDER, A.C.J., and FRANK and FULMER, JJ., concur.
779-CITE: 615 So.2d 173 Robert R. CUMMINS, Petitioner, v. Cathy L. CUMMINS, Respondent.
TEXT: PETITION FOR WRIT OF HABEAS CORPUS W. SHARP, Judge. Cummins sought the issuance of a writ
o...US GRANTED; REMANDED. COBB and COWART, JJ., concur. ------------ (FN2) Section 61.12, Fla.Stat.
(1991). (FN3) Section 61.1301(1), Fla.Stat. (1991).
780-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.
781-CITE: 734 So.2d 1075 Edward E. NOBLES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this direct appeal, Edward E. Nobles challenges a judgment and departure
sent...al court to impose a sentence within the guidelines. Wyche v. State, 576 So.2d 884 (Fla. 1st
DCA 1991). KAHN, BENTON and VAN NORTWICK, JJ., CONCUR.
782-CITE: 577 So.2d 1372 Thomas Maurice BRYANT, Appellant, v. STATE of Florida, Appellee.
TEXT: SMITH, Judge. Appellant plead nolo contendere to a charge of possession of cocaine,
reservin...n standing in a group in public at 10 o clock in the morning listening to one man talk
about techniques for distributing drugs to passing motorists.
783-CITE: 682 So.2d 173 Lewis Jerome CHERUBIN, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: BY ORDER OF THE COURT: Upon consideration of appellant s motion for rehearing and motion
for... So.2d 637 (Fla. 2d DCA 1995). We affirm the judgments and remand for resentencing as
directed above. CAMPBELL, A.C.J., and PATTERSON. J., concur.
784-CITE: 676 So.2d 1012 John M. GODWIN, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Judge. John Godwin pleaded no contest to possession of cocaine and marijuana and was
...ngly, we affirm Godwin s conviction and sentence but strike the costs and conditions identified
above. SCHOONOVER, A.C.J., and WHATLEY, J., concur.
785-CITE: 680 So.2d 1093 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant,
v. Martin DEGROSSI, Appellee.
TEXT: GERSTEN, Judge. We review a county court order certifying the following question to be of
gr...dy to protect the citizens of Florida from dangerous drivers. Certified question answered in
the affirmative; reversed and remanded to vacate stay.
786-CITE: 682 So.2d 1137 Carlo GANT, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, Carlo Gant, pled no contest to armed robbery and
th...5th DCA 1993). We, therefore, strike the $1,000 in attorney s fees without prejudice to
reimpose it on remand. SCHOONOVER and LAZZARA, JJ., concur.
787-CITE: 582 So.2d 67 JARKOW S WRECKER SERVICE, Appellant, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR
VEHICLES, Appellee.
TEXT: PER CURIAM. Appellant challenges a final order of the Department of Highway Safety and
Motor...strative complaint. In sum, we find the issues raised in this appeal to be totally without
merit. AFFIRMED. SMITH, NIMMONS and MINER, JJ., concur.
788-CITE: 671 So.2d 824 James I. LARK, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING AND CERTIFICATION JOANOS, Judge. On consideration of appellant s
mo... has been demonstrated in the trial court s failure to provide the remedy requested. AFFIRMED.
WEBSTER, J., and REYNOLDS, Accociate Judge, concur.
789-CITE: 522 So.2d 496 David Ivan SIMS, Appellant, v. STATE of Florida, Appellee.
TEXT: NIMMONS, Judge. Sims appeals from his sentences which constituted an upward departure from
t...id reasons. Albritton v. State, 476 So.2d 158 (Fla.1985). Sentence REVERSED and case REMANDED
for resentencing. SMITH, C.J., and ERVIN, J., concur.
790-CITE: 536 So.2d 388 The STATE of Florida, Appellant, v. Wallace A. THOMPSON, Appellee.
TEXT: PER CURIAM. Police officers of the City of Miami responded to a call in the northwest area
o... lots or in places solely licensed to vend alcoholic beverages for consumption off the premises.
City of Miami, Fla., Code Section 37-17(II) (1967).
791-CITE: 553 So.2d 1371 Randy COOPER, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. Randy Cooper appeals his sentence following revocation of probation. We
r...So.2d 161, 165 (Fla.1988), McDonald, J., dissenting. We, therefore, reverse and remand for
resentencing. LEHAN, A.C.J., and PATTERSON, J., concur.
792-CITE: 510 So.2d 1147 Jackie E. JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: TILLMAN PEARSON, Associate Judge (Retired). Florida Highway Patrol officers found Jackie E.
...ction 316.003, Fla.Stat. (1985). We therefore reverse appellant s conviction and direct her
discharge. REVERSED. ZEHMER and BARFIELD, JJ., concur.
793-CITE: 710 So.2d 678 Danny Ray HINSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Danny Ray Hinson, appeals his conviction and sentence for felony
driv...--- (FN1) Appellant argues that although witnesses for the state testified that he was
driving on the paved portion of the highway at all times, the
794-CITE: 544 So.2d 1024 In re Inquiry Concerning A Judge re: William G. TYE--No. 88-266.
TEXT: PER CURIAM. The Florida Judicial Qualifications Commission filed notice of formal charges
th...liam G. Tye for the conduct described above. It is so ordered. EHRLICH, C.J., and OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
795-CITE: 561 So.2d 425 Lauro MOLINA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Lauro Molina appeals an order finding him guilty, but withholding adjudication,
...arresting officer s testimony show that Molina was arrested for drinking in public in the 600
block of Sixth Street on Miami Beach. I would affirm.
796-CITE: 528 So.2d 1285 Scott Donald BUCKLE, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant appeals the sentence imposed upon him under the Youthful Offender
Ac...to no more than six years imprisonment with credit for time served. Reversed and remanded for
resentencing. CAMPBELL, C.J., and SCHEB, J., concur.
797-CITE: 604 So.2d 547 STATE of Florida, Appellant, v. John Curtis COLLIGAN, Appellee.
TEXT: PER CURIAM. The State of Florida has appealed an order of the trial court granting a motion
...ce which was rendered moot by the order herein appealed. Reversed and remanded with directions.
JOANOS, C.J., and SHIVERS and ZEHMER, JJ., concur.
798-CITE: 662 So.2d 977 K-MART CORPORATION, Appellant, v. Deborah KITCHEN, Appellee.
TEXT: KLEIN, Judge. Thomas Knapp, after a day-long drinking spree, purchased a .22 caliber rifle
a...legislative turf. Neither situation exists here. Accordingly, I view the door of common-law
liability as being wide open and regret its being shut.
799-CITE: 661 So.2d 50 Nollie Glenn JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: WHATLEY, Judge. Nollie Glenn Jones appeals his conviction and sentence for possession of
met...gment and sentence, but strike portions of the probation conditions and portions of the costs
assessed. PARKER, A.C.J., and ALTENBERND, J., concur.
800-CITE: 725 So.2d 393 Dennis GERLITZ, Appellant, v. STATE of Florida, Appellee.
TEXT: GROSS, J. Dennis Gerlitz appeals his conviction for driving under the influence and causing
... blood alcohol level. *396 contained numerous hearsay statements. See Section 90.802, Fla.Stat.
(1997). AFFIRMED. GUNTHER and FARMER, JJ., concur.
801-CITE: 622 So.2d 166 Martha COCHRAN, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Chief Judge. Martha Cochran has appealed from a conviction for battery upon a person
...in Rodriguez. Accordingly, on remand, special conditions 10, 11, and 12 shall be stricken.
Reversed and remanded. RYDER and CAMPBELL, JJ., concur.
802-CITE: 528 So.2d 1362 John W. ROHRBACK, Appellant, v. Maxwell DAUER, et al., Appellees.
TEXT: PER CURIAM. The appellant Rohrback s primary point on appeal concerns various improprieties
... The appellees single point on cross-appeal is not well taken. See Gulf Heating and Refrigeration
Co. v. Iowa Mut. Ins. Co., 193 So.2d 4 (Fla.1966).
803-CITE: 751 So.2d 1277 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Beverly PERRY,
Respondent.
TEXT: W. SHARP, J. The Department of Highway Safety and Motor Vehicles petitions this court for a
...gly, we grant the writ and quash the circuit court s order. Petition for Writ of Certiorari
GRANTED; Order QUASHED. DAUKSCH and COBB, JJ., concur.
804-CITE: 619 So.2d 498 Robert Ronald REGISTER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robert Register appeals the summary denial of his motion for postconvitction
rel...pellate review. Affirmed in part, reversed in part, and remanded with instructions.
SCHOONOVER, A.C.J., and THREADGILL and PATTERSON, JJ., concur.
805-CITE: 567 So.2d 950 STATE of Florida, Appellant, v. Mark Edward NEUMANN, Appellee.
TEXT: GARRETT, Judge. The State appeals the trial judge s granting of appellee s motion to
suppres...cert. denied, -- U.S. --, 109 S.Ct. 1577, 103 L.Ed.2d 942 (1989). Thus, adhering to well
established principles of appellate review, I would affirm.
806-CITE: 679 So.2d 22 George KNUTH, Appellant, v. STATE of Florida, Appellees.
TEXT: FRANK, Acting Chief Judge. In a shotgun attack upon his conviction for DUI manslaughter,
Geo...he defendants had their final say generated prejudice that can only be remedied by retrial.
Reversed and remanded. PARKER and QUINCE, JJ., concur.
807-CITE: 692 So.2d 216 STATE of Florida, Appellant, v. Henry D. EVANS, Appellee.
TEXT: STEVENSON, Judge. This is an appeal from an order of the Circuit Court of Indian River
Count... presuming her reliability). The order of suppression is REVERSED, and this cause REMANDED
for further proceedings. FARMER and GROSS, JJ., concur.
808-CITE: 449 So.2d 309 David JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. David Jackson appeals from an order revoking his probation and his subsequent
s...ion of probation. Compare Cuciak v. State, 410 So.2d 916 (Fla.1982), with Holt v. State, 385
So.2d 1133 (Fla. 5th DCA 1980). I would simply reverse.
809-CITE: 489 So.2d 30 THE FLORIDA BAR, Complainant, v. Donald L. MURRAY, Respondent.
TEXT: EHRLICH, Justice. This disciplinary proceeding is before us on complaint of The Florida Bar
... entered against respondent, for which sum let execution issue. It is so ordered. ADKINS,
Acting C.J., and OVERTON, SHAW and BARKETT, JJ., concur.
810-CITE: 447 So.2d 1340 THE FLORIDA BAR, Complainant, v. Thomas A. LARKIN, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding by The Florida Bar against Thomas A. Larkin, a
memb...t of $771.54 are hereby taxed against the respondent. It is so ordered. ADKINS, Acting
C.J., and BOYD, OVERTON, McDONALD and EHRLICH, JJ., concur.
811-CITE: 639 So.2d 72 Michael Claude HUNTER, Petitioner, v. STATE of Florida, Respondent.
TEXT: THOMPSON, Judge. Petitioner, Michael Claude Hunter, seeks a writ of certiorari to quash an
o...on shall not be construed to limit the public s right of access to public records and meetings
as provided by law. Art. I, Section 23, Fla. Const.
812-CITE: 697 So.2d 198 Donald L. FERRELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Donald Ferrell appeals from his judgment and sentence for two counts of
ag...judgment and sentence for two counts of aggravated battery and remand for a new trial.
Reversed and remanded. FRANK, A.C.J., and BLUE, J., concur.
813-CITE: 622 So.2d 17 STATE of Florida, Appellant, v. Vernon Lee BROWN, Appellee.
TEXT: HARRIS, Judge. Vernon Lee Brown pled guilty to burglary of a structure, escape from a law
en...lea; it merely shows that he no longer wished to be bound by it. REVERSED and REMANDED.
DIAMANTIS, J., and STROKER, R.J., Associate Judge, concur.
814-CITE: 522 So.2d 1032 Graciela C. de GUERRERO, Appellant, v. JOHN HANCOCK MUTUAL LIFE INSURANCE
COMPANY, a foreign corporation, Appellee.
TEXT: PER CURIAM. The beneficiary of a life insurance policy appeals from a summary judgment
enter...ing in the loss, if the true facts had been made known to the insurer as required either by
the application for the policy or contract or otherwise.
815-CITE: 724 So.2d 144 Harry WILSON, Appellant, v. STATE of Florida, Appellee.
TEXT: DAVIS, J. Harry Wilson appeals his convictions for dealing in stolen property, burglary of
a...cause the trial court failed to conduct a proper Faretta inquiry. Accordingly, we REVERSE and
REMAND for a new trial. JOANOS and KAHN, JJ., concur.
816-CITE: 654 So.2d 564 Thomas FARRINGTON, a k a Thomas Jackson, Appellant, v. STATE of Florida,
Appellee.
TEXT: PER CURIAM. The appellant s counsel has filed a brief in this appeal pursuant to Anders v.
C...C.J., and FULMER, JJ., concur. SCHOONOVER, J., dissents. ------------ (EN*) Editor s Note:
Change incorporated in opinion for publication purposes.
817-CITE: 584 So.2d 1073 Herman Jerome BURNS, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. Burns s convictions of attempted second degree murder with a firearm,
resisti...is conviction for resisting arrest with violence while carrying a firearm. AFFIRMED IN
PART AND REVERSED IN PART. DOWNEY and GUNTHER, JJ., concur.
818-CITE: 687 So.2d 869 Kevin WHITTY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Kevin Whitty challenges the trial court s order denying his motion for
postconvi...orrect legal advice of defense counsel). Affirmed in part, reversed in part, and
remanded. DANAHY, A.C.J., and PATTERSON and WHATLEY, JJ., concur.
819-CITE: 563 So.2d 794 Larry BLAND, Appellant, v. STATE of Florida, Appellee.
TEXT: NIMMONS, Judge. Bland appeals from an order denying his Rule 3.850 motion. No evidentiary
he...resent evidence on this issue. ------------ (FN3) See Watson v. State, 504 So.2d 1267 (Fla. 1st
DCA 1986), review denied, 506 So.2d 1043 (Fla.1987).
820-CITE: 472 So.2d 1338 HARTFORD ACCIDENT AND INDEMNITY COMPANY, and Otis Parker, III, Appellants Cross
Appellees, v. Dolores B. OCHA, etc., et al., Appellees Cross Appellants.
TEXT: ANSTEAD, Judge. Otis Parker, III, and his insurance carrier, Hartford Accident & Indemnity
C...(Fla. 4th DCA 1970); and Gracie v. Deming, 213 So.2d 294 (Fla. 2d DCA 1968). For these reasons
I would reinstate Ocha s claim for punitive damages.
821-CITE: 641 So.2d 482 David S. SILVA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. David S. Silva entered a plea of nolo contendere to the offense of
pos...for drugs will depend upon the totality of the circumstances existing at the time of the
search). HARRIS, C.J., and COBB and THOMPSON, JJ., concur.
822-CITE: 741 So.2d 1200 Edward MYCOFF, Appellant, v. STATE of Florida, Appellee.
TEXT: SALCINES, Judge. Edward Mycoff appeals his conviction for first-degree, premeditated
murder....onclusion that the confession was voluntary has not been shown to have been clearly
erroneous. Affirmed. CAMPBELL, A.C.J., and FULMER, J., Concur.
823-CITE: 537 So.2d 988 Arthur Lynn SCHAFER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Arthur Lynn Schafer appeals his convictions for first-degree murder and robbery
...w sentencing hearing before the trial judge. It is so ordered. EHRLICH, C.J., and OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
824-CITE: 567 So.2d 30 Isaac SHACKLEFORD, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Chief Judge. Appellant was convicted and sentenced for sale of cocaine and
possessi...e v. DiGuilio, 491 So.2d 1129 (Fla.1986), and would find that the failure *32 to give the
voluntary intoxication defense constituted harmless error.
825-CITE: 501 So.2d 19 Calvin Joseph HERRING, a k a Calvin Mullins, Appellant, v. The STATE of Florida,
Appellee.
TEXT: DANIEL S. PEARSON, Judge. During a police interview of the defendant shortly after his
arres...t to the swab test and that the admission of this evidence prejudiced the defendant s right
to a fair trial. Reversed and remanded for a new trial.
826-CITE: 563 So.2d 207 Freddie THOMAS, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR CLARIFICATION GARRETT, Judge. We grant appellant s motion for clarification
a...ission of the points for the possession of drug paraphernalia conviction affects the guidelines
sentences for the possession of cocaine convictions.
827-CITE: 670 So.2d 1155 Carol W. WALDON, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. We reverse an order revoking probation because the condition violated was
ill...eprives a probationer facing certain revocation and incarceration of the opportunity to
negotiate a reasonable modification acceptable to the court.
828-CITE: 525 So.2d 862 Randy Ashley TILLMAN, Petitioner, v. STATE of Florida, Respondent.
TEXT: EHRLICH, Justice. We have for review a sentencing guidelines decision, Tillman v. State,
477...urt for resentencing in accordance with this opinion. It is so ordered. McDONALD, C.J., and
OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
829-CITE: 746 So.2d 1259 Walter APPLE, III, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, J. Walter Apple III appeals the trial court s denial of his motion for arrest of
j...on caused the death of another human being, to-wit: CONSTANCE HOLLY ELLIOT, in violation of
Florida Statute 316.193(1) and 316.193(3)(a)(b)(c)3[.]
830-CITE: 670 So.2d 176 Ralph DEPONTE, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, Judge. Appellant, Ralph Deponte, pled no contest to multiple counts of grand
thef...proceed to trial or renegotiate a plea agreement with the state that will be acceptable to
the trial court. King. FARMER and PARIENTE, JJ., concur.
831-CITE: 431 So.2d 343 William Douglas BOND, Appellant, v. STATE of Florida, Appellee.
TEXT: BOARDMAN, Acting Chief Judge. William Douglas Bond appeals his placement on probation for
th...trial court s order denying appellant s motion to suppress and the order placing appellant on
probation are AFFIRMED. RYDER and LEHAN, JJ., concur.
832-CITE: 562 So.2d 702 C.M. LIFE INSURANCE COMPANY, Appellant, v. Erika Estela ORTEGA, a minor, through
her mother, Estela ORTEGA, as guardian of the minor, and Estela Ortega, individually, Appellees.
TEXT: PER CURIAM. Insured maintained two insurance policies with C.M. Life Insurance Co., one of
w...reversed as to the $100,000 policy and in light of this decision, the interlocutory order that
the insurer pay attorney s fees is likewise reversed.
833-CITE: 531 So.2d 961 STATE of Florida, Petitioner, v. Pedro PEREZ, Respondent.
TEXT: EHRLICH, Chief Justice. We have for our review State v. Perez, 510 So.2d 1144 (Fla. 2d DCA
1...judge safety standards, and take other actions to minimize drunk driving accidents--whether
third parties are involved or not. GRIMES, J., concurs.
834-CITE: 560 So.2d 1154 STATE of Florida, Appellant, v. Carlton ROLLE, Appellee.
TEXT: EHRLICH, Chief Justice. We have for review Rolle v. State, 528 So.2d 1208 (Fla. 4th DCA
1988...f the presumption in experience to general facts. McFarland v. American Sugar Refining Co.,
241 U.S. 79, 86, 36 S.Ct. 498, 501, 60 L.Ed. 899 (1916).
835-CITE: 537 So.2d 699 Carl WATTS, Appellant, v. STATE of Florida, Appellee.
TEXT: LETTS, Judge. The defendant, charged with second degree homicide, slept through about
sevent...ase at hand, the sleeping could just as well have been attributable to inattention or
indifference. AFFIRMED. HERSEY, C.J., and STONE, J., concur.
836-CITE: 634 So.2d 818 STATE of Florida, Appellant, v. Anthony SZEMPRUCH, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a sentence. Appellant alleges and appellee agrees
the.... For some reason that does not make itself evident on the cold record, nobody below seems to
think this defendant should get a guidelines sentence.
837-CITE: 619 So.2d 279 Donn A. DUNCAN, Appellant Cross-Appellee, v. STATE of Florida, Appellee
Cross-Appellant.
TEXT: PER CURIAM. Donn A. Duncan, who stands convicted of first-degree murder, appeals his
sentenc...a new sentencing hearing before a newly empaneled jury and would decline to address Duncan
s proportionality claim at this time. SHAW, J., concurs.
838-CITE: 688 So.2d 338 Curtis Blain DAVISON, Appellant, v. STATE of Florida, Appellee.
TEXT: LAWRENCE, Judge. We have for review on direct appeal the judgment and sentence imposed upon
...hter by culpable negligence. For that reason, I would reverse the conviction. I respectfully
dissent from the majority s decision holding otherwise.
839-CITE: 483 So.2d 528 Kenneth ROBERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. Appellant appeals his sentence because the trial court exceeded the
recommen...ce is quashed and this cause remanded for resentencing in accordance with the guidelines.
REVERSED and REMANDED. UPCHURCH and COWARD, JJ., concur.
840-CITE: 549 So.2d 771 The STATE of Florida, Petitioner, v. James JOINES, Respondent.
TEXT: NESBITT, Judge. By common law certiorari, the state seeks review of a decision of the
appell... and the decision of the appellate division, Eleventh Judicial Circuit, is quashed with
directions to remand the cause for trial. It is so ordered.
841-CITE: 676 So.2d 1035 STATE of Florida, Appellant, v. Antoine SCAIFE, Appellee.
TEXT: PETERSON, Chief Judge. The State of Florida appeals a downward departure sentence imposed
up...arture sentence, and remand to the trial court for resentencing within the guidelines.
SENTENCE VACATED; REMANDED. COBB and THOMPSON, JJ., concur.
842-CITE: 564 So.2d 519 Chester KURTZ, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. Mr. Kurtz entered a plea of nolo contendere to charges of DUI
manslaughte...TATUTES (SUPP.1988). Affirmed in part, reversed in part, and remanded for proceedings
consistent herewith. CAMPBELL, C.J., and DANAHY, J., concur.
843-CITE: 606 So.2d 652 Charles F. LINDSAY, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. The County Court for Indian River County has certified the following
question... and affirm the sentence. CERTIFIED QUESTION ANSWERED AND SENTENCE AFFIRMED. HERSEY and
GUNTHER, JJ., concur. ------------ (FN7) See fn. 6, above.
844-CITE: 532 So.2d 1127 The STATE of Florida, Petitioner, v. Carmine TRONOLONE, Respondent.
TEXT: PER CURIAM. The State of Florida filed a petition for writ of certiorari seeking review of
a...its opinion and remand to the trial court for further proceedings consistent with this opinion.
Certiorari granted; cause remanded with directions.
845-CITE: 515 So.2d 206 Kendra Sue MACIAS, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. This cause is before the Court on petition for review of the decision of the
Fou...s raised, so also every person may be presumed to have normal faculties, so that no fact issue
thereupon exists unless one is raised by the defense.
846-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.
847-CITE: 576 So.2d 825 Wayne BARBER, Appellant, v. STATE of Florida, Appellee.
TEXT: SMITH, Judge. Appellant appeals his first degree murder conviction for the death of his
wife...to certain pitfalls that can be avoided by careful preparation and examination of the
witnesses to assure that the testimony is properly admissible.
848-CITE: 518 So.2d 1356 FLORIDA DEPARTMENT OF LAW ENFORCEMENT, Appellant, v. Jacquelyn HODGES,
Appellee.
TEXT: SHIVERS, Judge. Appellant Florida Department of Law Enforcement (FDLE) appeals a final
order...gly, the final order of the Public Employees Relations Commission is hereby AFFIRMED.
ZEHMER, J., concurs. THOMPSON, J., concurs with result only.
849-CITE: 586 So.2d 1042 Mary Evelyn ELLIS, etc., Petitioner, v. N.G.N. OF TAMPA, INC., et al.,
Respondents.
TEXT: OVERTON, Justice. This cause is before the Court on petition to review Ellis v. N.G.N. of
Ta...ordance with the principles set forth in this opinion. It is so ordered. SHAW, C.J. and
McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
850-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.
851-CITE: 680 So.2d 486 CANAL INSURANCE COMPANY, Petitioner, v. Richard Dewey REED, Respondent. CANAL
INSURANCE COMPANY, Appellant, v. Michael YORK, Appellee.
TEXT: KAHN, Judge. This court previously consolidated these cases and determined that a
third-part...was issued pursuant to a requirement of the State s financial responsibility law ).
REVERSED AND REMANDED. BARFIELD and VAN NORTWICK, JJ., concur.
852-CITE: 432 So.2d 695 Mary Lynn JACKSON, Appellant, v. John J. JACKSON, Appellee.
TEXT: WENTWORTH, Judge. This is an appeal from an order of the circuit court appointing appellee
c...been measured by that ------------ (FN3) See footnote 1. *698 standard and determined not to be
incompetent, is entitled to manage her own property.
853-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.
854-CITE: 507 So.2d 1385 Edmund Carl BANKSTON, et ux., et al., Petitioners, v. Francis J. BRENNAN, Jr.,
et al., Respondents.
TEXT: EHRLICH, Justice. We have for our review Bankston v. Brennan, 480 So.2d 246 (Fla. 4th DCA
19...he proper allegations in this case. Accordingly, the decision of the district court should be
quashed and the case remanded for further proceedings.
855-CITE: 691 So.2d 566 STATE of Florida, Appellant, v. Timothy A. DUGGINS, Appellee.
TEXT: SCHOONOVER, Judge. The State of Florida challenges a trial court order granting the
appellee...o.2d at 301. We, therefore, reverse and remand for proceedings consistent herewith.
Reversed and remanded. DANAHY, A.C.J., and FULMER, J., concur.
856-CITE: 480 So.2d 91 Kenneth Michael GARDNER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Kenneth Gardner appeals his convictions of and sentences for first-degree
murder...We reviewed the record and the evidence is sufficient to support a conviction of
first-degree murder. Our reversal is on trial procedure error only.
857-CITE: 711 So.2d 1182 Daniel WOODS, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Acting Chief Judge. Daniel Woods was charged with multiple sex crimes involving a
mal...367 (Fla. 2d DCA 1997). We remand for further proceedings consistent with this opinion.
QUINCE, J., and DOYEL, ROBERT L., Associate Judge, concur.
858-CITE: 614 So.2d 483 James Ernest HITCHCOCK, Appellant, v. STATE of Florida, Appellee.
TEXT: ON REMAND FROM UNITED STATES SUPREME COURT PER CURIAM. In Hitchcock v. Florida, -- U.S.
--,... atrocious, and cruel as requested by Hitchcock would have had any effect on the jury s
deliberation. Hence, I conclude that the error was harmless.
859-CITE: 523 So.2d 696 Paul A. LAVERY, Appellant, v. DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES,
Appellee.
TEXT: PER CURIAM. Paul L. Lavery, a former Florida Highway Patrol trooper and permanent career
ser...tion, 458 So.2d 302, 304 (Fla. 3d DCA 1984), rev. denied, 462 So.2d 1106 (Fla.1985). The
remaining points raised by Lavery have no merit. Affirmed.
860-CITE: 655 So.2d 1205 Rodney Page WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: WHATLEY, Judge. In this appeal brought pursuant to Anders v. California, 386 U.S. 738, 87
S....rocedure would be better for both the state and the defendant, and could be implemented without
violating due process or double jeopardy safeguards.
861-CITE: 593 So.2d 572 J.A., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the juvenile respondent J.A. from an adjudication of
delinq...ew is reversed and the cause is remanded to the trial court with directions to discharge
the respondent J.A. from the cause. Reversed and remanded.
862-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.
863-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.
864-CITE: 721 So.2d 807 Everett Leon NICHOLS, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Chief Judge. Everett Leon Nichols ( defendant ) timely appeals his conviction for
r...to the robbery which were connected with his acquisition of the gun, but he was acquitted of
these charges and they are not at issue in this appeal.
865-CITE: 558 So.2d 422 Jerry William CORRELL, Petitioner, v. Richard L. DUGGER, etc., Respondent. Jerry
William CORRELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is a petition for habeas corpus and an appeal from a summary denial of a
mo... petition for rehearing will be entertained. It is so ordered. EHRLICH, C.J., and OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
866-CITE: 550 So.2d 462 THE FLORIDA BAR, Complainant, v. Leo B. WEST, Respondent.
TEXT: PER CURIAM. This proceeding is before the Court on the petition of The Florida Bar
challengi... B. West, for which sum let execution issue. It is so ordered. EHRLICH, C.J., and
OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
867-CITE: 483 So.2d 31 STATE of Florida, Petitioner, v. Andrew Lawrence YOUNG, James Allen Taylor,
Willie Ray Burton, Joseph Charles Craft, Michael Franchini and Sandra Shipley Parnell, Respondents.
TEXT: ORFINGER, Judge. The State petitions this court for a writ of certiorari to review a
circuit...e is not before us. To avoid this result, an amendment to the warning might be deemed
advisable, so that it includes only what the statute requires.
868-CITE: 493 So.2d 17 James FRANKLIN, Appellant, v. DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES,
Appellee.
TEXT: UPCHURCH, Chief Judge. Appellant, James Franklin, was injured by an explosion while
deliveri...lity; therefore, the plaintiff complied with the notice provisions. Accordingly, the
decision below is REVERSED. ORFINGER and COWART, JJ., concur.
869-CITE: 565 So.2d 787 STATE of Florida, Appellant, v. William N. ELDRIDGE, Appellee.
TEXT: SCHEB, Acting Chief Judge. This appeal presents a question certified to be of great public
i...tion in the first instance. Accordingly, we reverse and remand for proceedings consistent with
this opinion. CAMPBELL and ALTENBRAND, JJ., concur.
870-CITE: 471 So.2d 1345 Margarito ALFARO a k a Rubin Martinez, Appellant, v. STATE of Florida,
Appellee.
TEXT: ANSTEAD, Chief Judge. This is an appeal from multiple convictions of manslaughter by
drunken...ot he facts of this case, even if we were authorized to do so. Accordingly, we reverse
and remand for a new trial. HURLEY and WALDEN, JJ., concur.
871-CITE: 469 So.2d 1377 THE FLORIDA BAR, Complainant, v. E. Paul DIETRICH, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding by The Florida Bar against E. Paul Dietrich, a
memb...t respondent, for which let execution issue. It is so ordered. BOYD, C.J., and ADKINS,
OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.
872-CITE: 522 So.2d 372 THE FLORIDA BAR, Complainant, v. Howard L. FINKELSTEIN, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding was begun when The Florida Bar filed a notice of
de...s to safeguard the interests of his clients. It is so ordered. McDONALD, C.J., and OVERTON,
EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
873-CITE: 681 So.2d 1157 STATE of Florida, Appellant, v. Cynthia A. FRIEDRICH, et al., Appellees.
TEXT: W. SHARP, Judge. We consolidated for purposes of appellate review (FN1) six cases in which
t... must be in the defendant s. CERTIFIED QUESTIONS ANSWERED; REVERSED and REMANDED for further
proceedings. PETERSON, C.J., and DAUKSCH, J., concur.
874-CITE: 717 So.2d 607 DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellant, v. M.B. and L.B.,
Appellees.
TEXT: PER CURIAM. We affirm a trial court order that denied the department s petition for
dependen... that the child died as the result of abuse or that the death of that child is, in and of
itself, a basis for removing these children from the home.
875-CITE: 567 So.2d 430 THE FLORIDA BAR, Complainant, v. Jeffrey SHUMINER, Respondent.
TEXT: ON MOTION FOR REHEARING PER CURIAM. We have for consideration a referee s report finding
mi...2,956.10, for which sum let execution issue. It is so ordered. SHAW, C.J., and OVERTON,
McDONALD, EHRLICH, BARKETT, GRIMES and KOGAN, JJ., concur.
876-CITE: 488 So.2d 641 Darryl BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Judge. Appellant Darryl Brown challenges his sentence imposed upon a finding that he
...A 1985). Accordingly, we vacate appellant s sentence and remand for resentencing within the
guidelines. GRIMES, A.C.J., and SANDERLIN, J., concur.
877-CITE: 595 So.2d 8 McArthur BREEDLOVE, Petitioner, v. Harry K. SINGLETARY, Respondent. McArthur
BREEDLOVE, Appellant Cross-Appellee, v. STATE of Florida, Appellee Cross-Appellant.
TEXT: PER CURIAM. McArthur Breedlove, a prisoner scheduled for execution on January 22, 1992,
peti...judge s sentence of death would have been the same and we would have affirmed the sentence of
death even if the alleged omitted acts were performed.
878-CITE: 459 So.2d 1066 STATE of Florida, Petitioner, v. Frank GARAFOLA, Respondent.
TEXT: DELL, Judge. The State petitions this court for a writ of common law certiorari to review
an... the circuit court and county court suppressing the evidence of the breathalyzer test results.
CERTIORARI GRANTED. DOWNEY and HURLEY, JJ., concur.
879-CITE: 486 So.2d 32 ST. FRANCIS PARKSIDE LODGE OF TAMPA BAY, Appellant, v. DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, and Management Advisory and Research Center, Inc., d b a Glenbeigh
Hospital, Appellees. CHARTER MEDICAL-SOUTHEAST, INC. d b a Charter Haven Hospital, Appellant, v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, and Management Advisory and Research Center, Inc.,
d b a Glenbeigh Hospital, Appellees.
TEXT: BARFIELD, Judge. St. Francis Parkside Lodge of Tampa Bay (St. Francis) and Charter
Medical-S...sue the CON to Glenbeigh. Sections 120.52(11)(b), 120.57(1) and 381.494(8)(e), Fla.Stat.
(1983). REVERSED. BOOTH, C.J., and WIGGINTON, J., concur.
880-CITE: 700 So.2d 714 Isac R. BOWDEN and Luna Dell Archie Haywood, individually, and as Co-Personal
Representatives of the Estate of Robert Earl Bowden, Deceased, Appellants, v. Cal HENDERSON, as
Sheriff of Hillsborough County, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellants Isac R. Bowden and Luna Dell Archie Haywood,
indivi...dent causing the death of Damon and Robert Bowden constituted a breach of that duty of
care. Reversed and remanded. FRANK and QUINCE, JJ., concur.
881-CITE: 516 So.2d 90 James G. TAUBE, Appellant Cross-Appellee, v. FLORIDA KEYS AQUEDUCT AUTHORITY and
County of Monroe Career Service Council, Appellees Cross-Appellants.
TEXT: JORGENSON, Judge. James Taube, a permanent employee of the Florida Keys Aqueduct Authority
(...aube s drinking and driving. In view of our disposition, we need not address the issue of Taube
s back pay. Reversed and remanded with directions.
882-CITE: 707 So.2d 1129 STATE of Florida, Appellant, v. James RUTHERFORD, Appellee.
TEXT: EN BANC GROSS, Judge. This is an appeal from an order suppressing medical records obtained
...and for certification under Rule 9.030(a)(2)(v) are denied. STONE, C.J., and POLEN and FARMER,
JJ., dissent without opinion. SHAHOOD, J., recused.
883-CITE: 570 So.2d 1013 James Leo DODD, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Dodd appeals his departure sentence of forty years in prison for second
deg...JUDGE FAILS TO MAKE AN EXPLICIT FINDING THAT THE DEFENDANT HAS ENGAGED IN A PERSISTENT
PATTERN OF CRIMINAL ACTIVITY? COBB and COWART, JJ., concur.
884-CITE: 479 So.2d 260 Frank ARMENIA, Appellant, v. STATE of Florida, Appellee.
TEXT: UPCHURCH, Judge. Frank Armenia appeals from a judgment and sentence for manslaughter by
driv...d re-certify the question posed in Higdon and further ask the court to either clarify or
recede from Baker or change the standard jury instructions.
885-CITE: 564 So.2d 1253 Deborah CARBONE, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. We have for consideration a question certified to this court by the County
Co...ates a substantial risk of death; serious, personal disfigurement; or protracted loss or
impairment of the function of any bodily member or organ.
886-CITE: 431 So.2d 309 STATE of Florida, Appellant, v. Thaddeus Tyrone HOLLIDAY, Alvin L. Townsend, and
James W. Jackson, Appellees.
TEXT: PER CURIAM. The State appeals from orders in three consolidated cases, entered on motions
fi... v. Sokos, 426 So.2d 1044 (Fla. 2d DCA, 1983) and State v. Cruz, 426 So.2d 1308 (Fla. 2d DCA,
1983). BOOTH, LARRY G. SMITH and ZEHMER, JJ., concur.
887-CITE: 559 So.2d 1097 Jerry WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Jerry White, under sentence of death, appeals the denial of postconviction
relie...enting I cannot concur in the majority s conclusion that appellant received a fair trial
with effective assistance of counsel. KOGAN, J., concurs.
888-CITE: 570 So.2d 940 THE FLORIDA BAR Re AMENDMENT TO RULES REGULATING THE FLORIDA BAR--RULE 1-3.2
(MEMBERSHIP CLASSIFICATIONS).
TEXT: PER CURIAM. The Florida Bar petitions this Court to amend Rule 1-3.2 of the Rules
Regulating...ciplinary action. An inactive member may, at any time, apply for reinstatement to
membership in good standing in the manner provided in rule 1-3.7.
889-CITE: 515 So.2d 1298 Anne-Lise GUSTAFSON, as Personal Representative of the Estate of Henning
Jensen, Appellant, v. Dorrit JENSEN, Appellee (Two Cases).
TEXT: HENDRY, Judge. This proceeding arises from a final judgment of dissolution of the marriage
b... the exception of that portion reserving jurisdiction of award for the wife s attorney fees,
which is reversed. Affirmed in part, reversed in part.
890-CITE: 447 So.2d 933 Ronald Ellis REED, Appellant, v. The STATE of Florida, Appellee.
TEXT: NESBITT, Judge. The defendant appeals from the denial after evidentiary hearing of his
motio...NCLUSION Having carefully considered all of the points raised by Reed, we affirm the trial
court s denial of his motion for post-conviction relief.
891-CITE: 710 So.2d 184 Michelle M. NEWSOME, as Personal Representative of the Estate of Rachelle Mae
Aguiar, Appellant, v. Max Joseph HAFFNER, Appellee.
TEXT: ALLEN, Judge. The appellant challenges a final judgment by which a complaint was dismissed
w...missal of the claim for social host liability. The order is otherwise affirmed, and the case is
remanded. BARFIELD, C.J., and LAWRENCE, J., concur.
892-CITE: 643 So.2d 46 Michael BARDY, Appellant, v. WALT DISNEY WORLD COMPANY, Appellee.
TEXT: GRIFFIN, Judge. Appellant, Michael Bardy [ Bardy ], seeks review of a summary final
judgment...mended, it must be done legislatively, not judicially. Accordingly, I would affirm the
summary judgment which the trial court entered in this case.
893-CITE: 705 So.2d 1376 J.B., a child, Petitioner, v. STATE of Florida, Respondent.
TEXT: OVERTON, Justice. We have for review J.B. v. State, 689 So.2d 360 (Fla. 1st DCA 1997),
which...that it conflicts with our holding here. It is so ordered. KOGAN, C.J., SHAW, HARDING,
WELLS and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.
894-CITE: 746 So.2d 518 Michael Jude ALLISON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Michael Jude Allison appeals his conviction for manslaughter. Although Allison
*...tion, the former girlfriend s testimony would be irrelevant. We affirm. NORTHCUTT, A.C.J.,
DAVIS, J., and DANAHY, PAUL W., (SENIOR) JUDGE, Concur.
895-CITE: 620 So.2d 171 Robert D. HEINEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robert D. Heiney, a prisoner under sentence of death, appeals from the circuit
c...a.1992); McCrae. Therefore in the interest of judicial economy, I would remand with instructions
to impose a life sentence. BARKETT, C.J., concurs.
896-CITE: 592 So.2d 767 Christopher TILLMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. Christopher Tillman appeals his sentences upon revocation of his
probatio...d conditions except the standard condition for random drug testing. Reversed and
remanded for resentencing. FRANK, A.C.J., and PARKER, J., concur.
897-CITE: 444 So.2d 547 The Interest of K.H. and M.C. a k a M.H., Dependent Children.
TEXT: JOANOS, Judge. Appellant, the natural mother of K.H. and M.C. a k a M.H., appeals a final
or... specific purposes in question. Cf., Pape v. Pape, 444 So.2d 1058 (Fla. 1st DCA, 1984); In the
Interest of A.B., 444 So.2d 981 (Fla. 1st DCA, 1983).
898-CITE: 600 So.2d 1153 Fred A. TURNER, Appellant, v. G. PIERCE WOOD MEMORIAL HOSPITAL and State of
Florida, Division of Risk Management, Appellees.
TEXT: ZEHMER, Judge. Fred Turner appeals an order denying his claim for workers compensation
benef...s, interest, costs, and attorney s fees. *1159 dependent on the rulings to be made on
remand. REVERSED AND REMANDED. SMITH and ALLEN, JJ., concur.
899-CITE: 753 So.2d 104 James Edward REDWITZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, James Edward Redwitz, challenges the judgments and sentences
adju...ecific intent vanishes and the state must prove beyond a reasonable doubt that the defendant
had the ability to form the required specific intent.
900-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.
901-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).
902-CITE: 591 So.2d 662 Bryant HICKS, Appellant, v. STATE of Florida, Appellee.
TEXT: DELL, Judge. Bryant Hicks appeals from his conviction and sentence for possession of
cocaine...now asserts for the first time on appeal. See Williams v. State, 414 So.2d 509 (Fla.1982).
REVERSED and REMANDED. GARRETT and FARMER, JJ., concur.
903-CITE: 590 So.2d 1029 STATE of Florida, Appellant, v. Joseph H. WHITAKER, Appellee.
TEXT: JOANOS, Chief Judge. The state seeks review of the trial court s denial of its motion to
cor...tions to pronounce adjudication of guilty in accordance with the mandatory requirement set
forth in section 316.656(1). WOLF and KAHN, JJ., concur.
904-CITE: 435 So.2d 955 Kevin M. EVERETT, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. Everett appeals his conviction and sentence for vehicular homicide and
attem...t jurisdiction, art. V, Section 3(b)(3), Fla. Const., either to correct this
misunderstanding of the law or to reexamine the implications of Filmon.
905-CITE: 561 So.2d 1209 Mary Evelyn ELLIS, individually and as Guardian of Gilbert D. Ellis,
Incompetent, Appellant, v. N.G.N. OF TAMPA, INC., and Norbert G. Nissen, Appellees.
TEXT: PER CURIAM. In this liquor vendor liability suit, the trial court dismissed the appellant s
...ivil liability of the liquor server who has not received the required written notice. Affirmed.
CAMPBELL, C.J., and DANAHY and FRANK, JJ., concur.
906-CITE: 572 So.2d 1382 THE FLORIDA BAR, Complainant, v. Neil A. SHANZER, Respondent.
TEXT: PER CURIAM. This matter is before us upon the referee s report recommending disbarment for
t... McDONALD, EHRLICH, BARKETT, GRIMES and KOGAN, JJ., concur. ------------ (FN3) Although we note
that respondent still owes $3,643.76 in restitution.
907-CITE: 517 So.2d 737 Henry MARTIN, a k a Richard Lees, Appellant, v. STATE of Florida, Appellee.
TEXT: DELL, Judge. A jury found appellant guilty of burglary of a structure and petit theft. He
co...with credit for time served as to the burglary conviction and to sixty days with sixty days
credit for time served as to the petty theft conviction.
908-CITE: 489 So.2d 1225 Robin MONTGOMERY, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. The defendant appeals from a departure sentence of five years
incarceration...Fla.1985). We therefore vacate the sentence and remand the case for resentencing.
SENTENCE VACATED, REMANDED. COBB, C.J., and DAUKSCH, J., concur.
909-CITE: 453 So.2d 850 STATE of Florida, Appellant, v. Adelheid DEMARZO, Appellee.
TEXT: ANSTEAD, Chief Judge. This is an appeal from an order dismissing driver s license
suspension...unconstitutional. Accordingly, this cause is reversed and remanded for further
proceedings consistent herewith. GLICKSTEIN and WALDEN, JJ., concur.
910-CITE: 551 So.2d 1255 Keith John RICHARDSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Keith John Richardson appeals from the trial court s imposition of a guideline
d...e sentence is therefore reversed and the case is remanded to the trial court for resentencing.
SHIVERS, C.J., and ZEHMER and BARFIELD, JJ., concur.
911-CITE: 451 So.2d 513 Olivia RODRIGUEZ, as Personal Representative of the Estate of Eddie Rodriguez,
Appellant, v. CITY OF CAPE CORAL, Renny Wiersma and The Aetna Casualty & Surety Company, Appellees.
TEXT: HOBSON, Judge. Plaintiff appellant appeals a final summary judgment entered in favor of
muni...aking an intoxicated person into protective custody under section 396.072(1), Florida
Statutes (1977). AFFIRMED. OTT, C.J., and SCHEB, J., concur.
912-CITE: 685 So.2d 1317 Herman L. WILLIAMS, II, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Herman Williams challenges the trial court s denial of his motion filed
pursuant...iams within thirty days of their rendering. Reversed in part, affirmed in part, and
remanded. PATTERSON, A.C.J., and BLUE and FULMER, JJ., concur.
913-CITE: 566 So.2d 39 Carl JERNIGAN, Appellant, v. STATE of Florida, Appellee.
TEXT: WOLF, Judge. This is an appeal from a final judgment and sentence finding the appellant
guil...In K.Y.E. v. State, supra, the issue of whether the officers had probable cause to arrest the
defendant for an independent charge was not addressed.
914-CITE: 490 So.2d 1349 Nathaniel Earl CLARK, Appellant, v. STATE of Florida, Appellee.
TEXT: ZEHMER, Judge. Appellant, Nathaniel Earl Clark, was charged with attempted first degree
murd...defendant s sentence was based on this offense. Defendant was sentenced, in effect, for a
charge different than the one to which he had pled guilty.
915-CITE: 744 So.2d 1051 Patrick R. STAVELEY, Appellant, v. STATE of Florida, Appellee.
TEXT: McNEAL, R., Associate Judge. Patrick R. Staveley appeals his conviction for DUI
manslaughter... 1016 (Fla.1995). Under these circumstances we cannot find that the trial court
abused its discretion. AFFIRMED. GOSHORN and GRIFFIN, JJ., concur.
916-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.
917-CITE: 675 So.2d 665 Raymond SANDERS, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Chief Judge. The appellant, Raymond Sanders, challenges an order revoking his
pr...bation, we reverse the order of revocation of probation. We need not address the other points
on appeal. Reversed. FRANK and LAZZARA, JJ., concur.
918-CITE: 700 So.2d 363 Chadwick D. BANKS, Appellant Cross-Appellee, v. STATE of Florida, Appellee
Cross-Appellant.
TEXT: PER CURIAM. We have on appeal the sentence of the trial court imposing the death penalty
upo...eyond a reasonable doubt that this erroneous instruction played no role in the jury s
recommendation. We surely can make no such determination here.
919-CITE: 561 So.2d 663 In the Interest of C.B. and J.P., Minor Children.
TEXT: HARRIS, Judge. The court appointed guardian of the dependent children appeals an order
dismi...e children and the interests of society demand a judicial determination. REVERSED for
further proceedings. DANIEL, C.J., and PETERSON, J., concur.
920-CITE: 461 So.2d 1006 STATE of Florida, Appellant, v. Sharon M. PFORR, Appellee.
TEXT: WENTWORTH, Judge. The state appeals an order which grants appellee s motion to dismiss a
cha...f premeditated first degree murder. The order appealed is reversed and the cause remanded for
further proceedings. MILLS and SHIVERS, JJ., concur.
921-CITE: 698 So.2d 597 Victor BRANCACCIO, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, Judge. Appellant was found guilty of first degree murder and kidnapping and
sentenced...that the instruction should be given, we would not have to reverse this otherwise
well-tried case for a new trial. WARNER and SHAHOOD, JJ., concur.
922-CITE: 680 So.2d 1052 Alberto BLASCO, Appellant, v. The STATE of Florida, Appellee.
TEXT: FLETCHER, Judge. Defendant Alberto Blasco has appealed his convictions for two counts of
dri...he results of Blasco s blood alcohol test was not error. For all of the foregoing reasons, I
would affirm the conviction and sentence under review.
923-CITE: 661 So.2d 54 Scott Cameron HART, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Scott Cameron Hart has petitioned this court for certiorari review of an order
o...the order of the circuit court with instructions that the order of the county court be affirmed.
RYDER, A.C.J., and CAMPBELL and BLUE, JJ., concur.
924-CITE: 447 So.2d 961 STATE of Florida, Appellant, v. Anthony IAFORNARO, Appellee.
TEXT: PER CURIAM. Affirmed on the authority of Ramsey v. State, 442 So.2d 303 (Fla. 5th DCA
1983)....t violates two or more criminal statutes. Therefore, were I not bound by Ramsey, I would
reverse. We should again note express conflict with Akers.
925-CITE: 747 So.2d 1021 Ernesto DIAZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: SORONDO, J. Ernesto Diaz (defendant), appeals from a final judgment of guilt of second
degre...e misguided notion that having the final argument in summation is more important than the
introduction of potentially important evidence. Affirmed.
926-CITE: 592 So.2d 778 In the Interest of G., Children.
TEXT: PER CURIAM. Appellant, the natural mother, appeals two final judgments terminating her
paren...s at the time of the hearing. I would not substitute our judgment, even with the
qualifications for expediting provided for in the majority opinion.
927-CITE: 638 So.2d 94 Gabriel GARCIA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant, Gabriel Garcia, appeals his convictions on charges arising out
of...40.015 must reflect a true cross-section of the county, with no systematic exclusion of any
group in the juror selection process. 545 So.2d at 1355.
928-CITE: 478 So.2d 494 Joseph H. PERRY, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. The defendant below appeals from an order of the County Court of Orange
Cou...ial become moot and need not be considered. The judgment of the trial court is therefore
affirmed. AFFIRMED. COBB, C.J., and UPCHURCH, J., concur.
929-CITE: 719 So.2d 339 DEPARTMENT OF HIGHWAY SAFETY, etc., Appellant, v. Sylvie Marie PARSONS,
Appellee.
TEXT: W. SHARP, Judge. The Florida Department of Highway Safety and Motor Vehicles, Division of
Dr...nse suspension, pending the circuit court s certiorari review of the case below. Stockman.
REVERSED and REMANDED. GOSHORN and HARRIS, JJ., concur.
930-CITE: 743 So.2d 1185 Scott C. GALLIVAN, Appellant, v. Cynthia M. GALLIVAN, Appellee.
TEXT: STEVENSON, J. This is an appeal by the husband, Scott C. Gallivan, of a non-final order of
t...dentiary hearing to determine the issue of custody and the best interests of the children.
REVERSED and REMANDED. GUNTHER and FARMER, JJ., concur.
931-CITE: 563 So.2d 652 In the Interest of D.J.S. and J.S.G., children, Appellant, v. DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: PER CURIAM. This is an appeal from an order terminating appellant s parental rights towards
...e facts and evaluated the circumstances in accord with the statute and the best interest of the
child. This child should not be put at further risk.
932-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.
933-CITE: 604 So.2d 783 Willard Carl ROBERTSON, Petitioner, v. STATE of Florida, Respondent.
TEXT: KOGAN, Justice. We have for review Robertson v. State, 569 So.2d 861 (Fla. 5th DCA 1990),
wh...ning the continued vitality of the common law, which was never at issue in Bender. OVERTON,
J., concurs. ------------ (FN18) Bender, 382 So.2d 699.
934-CITE: 703 So.2d 1092 Larry R. RUDD, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Larry Rudd appeals from his judgment and sentence for resisting arrest
wit..., and remand for resentencing with a corrected scoresheet. Affirmed in part, reversed in
part, and remanded. PARKER, C.J., and FULMER, J., concur.
935-CITE: 450 So.2d 836 Karen WHIRLEY, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. This cause, State v. Whirley, 421 So.2d 555 (Fla. 2d DCA 1982), is before us as
...rt s decision with directions to reverse appellant s conviction on the ground that she was denied
her state constitutional right to a trial by jury.
936-CITE: 541 So.2d 1129 C. Leonard IVEY, et al., Appellants, v. BARCARDI IMPORTS, CO., INC., et al.,
Appellees.
TEXT: EHRLICH, Chief Justice. We have before us the direct appeal of a final judgment declaring
th...criminatory tax scheme which were merely occasional and accidental effect of statute were
insufficient to overcome clear commerce clause violation).
937-CITE: 576 So.2d 411 The STATE of Florida, Appellant, v. Barrett SCOTT and Lurlene Scott, Appellees.
TEXT: LEVY, Judge. The State appeals from a trial court order suppressing cocaine seized from the
...Fla. 3d DCA 1987). Accordingly, we reverse the order of suppression and remand for further
proceedings consistent herewith. Reversed and remanded.
938-CITE: 711 So.2d 1323 Jason COX, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. Jason Cox appeals his convictions and sentences for first-degree murder,
ag...iel v. State, 710 So.2d 102 (Fla. 4th DCA 1998); c.f., Mason v. State, 710 So.2d 82 (Fla. 1st
DCA 1998). AFFIRMED. COBB and W. SHARP, JJ., concur.
939-CITE: 688 So.2d 1020 Robert G. HARBAUGH, Petitioner, v. Ron COCHRAN, Sheriff, Broward County,
Florida, and State of Florida, Respondents.
TEXT: EN BANC PER CURIAM. We deny the petition for writ of habeas corpus, seeking review of the
t...ysical harm to persons, assure the presence of the accused at trial, or assure the integrity of
the judicial process, the accused may be detained.
940-CITE: 665 So.2d 212 STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES (95-2).
TEXT: CORRECTED OPINION PER CURIAM. This cause is before this Court upon the petition of the
Comm...ote to Judge The instructions on attempted first- and third-degree felony murder have been
deleted. See State v. Gray, 654 So.2d 552 (Fla.1995).
941-CITE: 510 So.2d 1144 STATE of Florida, Appellant, v. Pedro Luis PEREZ, Appellee.
TEXT: HALL, Acting Chief Judge. The state appeals the grant by the county court of appellee s
moti...T TO A BLOOD TEST UNDER SECTION 316.1933(1) EVEN THOUGH THE DRIVER OBJECTS THERETO?
Affirmed. THREADGILL, J., and UPCHURCH, Associate J., concur.
942-CITE: 548 So.2d 1154 Michael RICCI and Elizabeth Ricci, Appellants, v. Ivan Glenn THOMPSON, Alice
Back, Rudolph W. Back and Allstate Insurance Company, Appellees.
TEXT: THREADGILL, Judge. Michael and Elizabeth Ricci, plaintiffs in an automobile negligence
actio...nst Thompson. In all other respects the final judgment is affirmed. Reversed in part;
affirmed in part. SCHEB, A.C.J., and ALTENBERND, J., concur.
943-CITE: 486 So.2d 1356 Clayton Clark MORGAN, III, Appellant, v. STATE of Florida, Appellee.
TEXT: NIMMONS, Judge. This is an appeal by the defendant from certain pretrial orders, the
defenda..., 438 So.2d 826 (Fla.1983) (defendant held not entitled to withdraw nolo plea where state
had objected to the defendant s reserved right to appeal.)
944-CITE: 715 So.2d 991 Robert GEDDIS, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, Judge. Appellant was charged with premeditated murder and robbery with a deadly
weapo...hether the defendant had agreed to counsel s strategy, rather than a setting aside of the
conviction. Wiley v. Sowders, 669 F.2d 386 (6th Cir.1982).
945-CITE: 679 So.2d 808 The STATE of Florida, Petitioner, v. Edward RIVAS-MARMOL, Respondent.
TEXT: FLETCHER, Judge. The State seeks certiorari review of a decision of the appellate division
o...th test results, see id. at 430-31, and the circuit court panel was entirely correct in
affirming the county court order. We should deny certiorari.
946-CITE: 588 So.2d 975 James Hudson SAVAGE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. James Savage appeals his conviction of first-degree murder and sentence of
death...se of his trial, but our review of the record shows them to have no merit. (FN4) Due to this
holding, we do not address the other sentencing issues.
947-CITE: 605 So.2d 568 Lisa COLLINS, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Collins appeals from her judgment and sentence for DUI manslaughter, (FN1)
...ess driving is a misdemeanor, Section 316.192. Since DUI Manslaughter is the highest degree
crime, it would stand and the others would be set aside.
948-CITE: 750 So.2d 723 Keith WILKINSON, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, J. Appellant, Keith Wilkinson, appeals an order denying his motion for
post-convicti...egation is without merit, or to conduct an evidentiary hearing. In all other
respects, the subject order is affirmed. WOLF and BENTON, JJ., CONCUR.
949-CITE: 661 So.2d 59 Alexander Lee WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Following a plea of no contest to an affidavit alleging a violation of
commun.... Therefore, we strike Condition 19. The judgment is affirmed; the case is remanded for
resentencing. SCHOONOVER, A.C.J., and WHATLEY, J., concur.
950-CITE: 616 So.2d 174 Nicholas G. GREGORY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Nicholas Gregory appeals from his conviction and split sentence for sale and
pos...ecline to strike this condition. Affirmed in part, reversed in part, and remanded with
instructions. RYDER, A.C.J., DANAHY and FRANK, JJ., concur.
951-CITE: 677 So.2d 926 William COGGINS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. On this appeal, William Coggins challenges his conviction for second degree
murd...jority opinion indicates that the juror would require a very high standard of proof from the
state, an answer which is favorable to the defendant.
952-CITE: 536 So.2d 1125 In the Interest of R.E., II, a child, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. Appellant, a juvenile, seeks review of the trial court s order withholding
adj...is remanded with directions that the trial court enter an order suppressing the evidence
seized from appellant. SHIVERS and WENTWORTH, JJ., concur.
953-CITE: 719 So.2d 1017 Edward F. SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Edward F. Smith appeals the summary denial of his motion for postconviction
reli...murder; kidnapping); Wright v. State, 675 So.2d 1009 (Fla. 2d DCA 1996) (kidnapping);
Urquhart v. State, 676 Sold 64 (Fla. 1st DCA 1996) (burglary).
954-CITE: 465 So.2d 598 Diosdado NACHER, Appellant, v. The STATE of Florida, Appellee.
TEXT: SCHWARTZ, Chief Judge. The defendant appeals from judgments imposed after a jury rejected
hi...ily determined that the petitioner was mentally ill prior to and in the course of the entire
sequence of actions on August 20. 500 F.Supp. at 457.
955-CITE: 510 So.2d 349 Olin SHAW, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Olin Shaw, was convicted of retail theft and sentenced to serve
...conviction and sentence, and strike the costs without prejudice to the court to tax costs under
Jenkins. SCHEB, A.C.J., and SCHOONOVER, J., concur.
956-CITE: 743 So.2d 564 Debra HOWSON, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
TEXT: W. SHARP, J. Debra Howson appeals from a final administrative order denying her application
...N5) Had she known that alcoholism would preclude a finding of disability, Howson could have
presented evidence to document other medical conditions.
957-CITE: 510 So.2d 871 THE FLORIDA BAR, Complainant, v. William B. SEIDEL, Respondent.
TEXT: PER CURIAM. The Florida Bar instituted two disciplinary proceedings against William B.
Seide...t Seidel, for which sum let execution issue. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
958-CITE: 617 So.2d 782 James I. LARK, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: KAHN, Judge. James I. Skipper Lark, Jr. appeals his convictions and sentences for first
degr...1129 (Fla.1986). See also Wise v. State, 580 So.2d 329 (Fla. 1st DCA 1991). REVERSED and
REMANDED for a new trial. ZEHMER and MICKLE, JJ., concur.
959-CITE: 722 So.2d 905 George GARCIA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The order on appeal which follows correctly resolves the issues before the
trial... of its authority, nor is it prohibiting a future court from terminating the defendant s
probation prior to the full term of seven years. Affirmed.
960-CITE: 510 So.2d 609 CITY OF MIAMI BEACH, Appellant, v. AMOCO OIL COMPANY, Appellee.
TEXT: NESBITT, Judge. We affirm the trial court s final judgment holding City of Miami Beach
zonin...t is clearly an attempt to prevent a state-licensed vendor from selling alcoholic beverages.
Accordingly, the trial court s final order is affirmed.
961-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.
962-CITE: 583 So.2d 374 STATE of Florida, Appellant, v. Steven SCHAFER, Appellee.
TEXT: PER CURIAM. The state appeals from an order granting appellee s motion to suppress. We
affir...Sun v. United States, 371 U.S. 407 [471], 488, 83 S.Ct. 407, 417-418, 9 L.Ed.2d 441
(1963). GLICKSTEIN, C.J., and DOWNEY and FARMER, JJ., concur.
963-CITE: 481 So.2d 1210 Roy Allen STEWART, Appellant, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Roy Stewart, a state prisoner under sentence of death, appeals the trial court
s...therefore affirm the denial of Stewart s 3.850 motion. It is so ordered. BOYD, C.J., and
ADKINS, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
964-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).
965-CITE: 665 So.2d 1114 David J. PARRISH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is a timely appeal by a prisoner from a summary denial of his motion for
po...urt s denial of the present post-conviction motion is reversed, and the case is remanded for
resentencing. DELL, FARMER and STEVENSON, JJ., concur.
966-CITE: 584 So.2d 1080 STATE of Florida, Petitioner, v. Richard DURKEE and Michael Weier, Respondents.
TEXT: PER CURIAM. The state seeks certiorari review of a final order of the circuit court acting
i...h Youngblood, Trombetta, Louissaint, and a correct reading of section 316.1932(1)(f)3. It is so
ordered. DAUKSCH, COBB and DIAMANTIS, JJ., concur.
967-CITE: 502 So.2d 997 Dorothy Mae TINSLEY, Appellant, v. Lowell Andrew TINSLEY, Appellee.
TEXT: DANAHY, Chief Judge. The twenty-seven-year marriage of Dorothy (wife) and Lowell (husband)
T... substantial change in the wife s circumstances. The order of modification is reversed. HALL,
J., and GRIMES, STEPHEN H., Associate Judge, concur.
968-CITE: 664 So.2d 345 SKF MANAGEMENT and Palace Management, Bueno Vista Palace Hotel, Appellants, v.
UNEMPLOYMENT APPEALS COMMISSION, et al., Appellees.
TEXT: W. SHARP, Judge. Appellants (the employer) challenge an order of the Unemployment
Commission...hat the determination reached by the Commission was clearly erroneous. Accordingly, we
affirm. AFFIRMED. PETERSON, C.J., and THOMPSON, J., concur.
969-CITE: 688 So.2d 301 Joseph Nahume GREEN, 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...ly witness against Green, was incompetent to testify. Accordingly, I would remand to the
trial court with directions to enter an order of acquittal.
970-CITE: 457 So.2d 568 STATE of Florida, Appellant, v. Donald Eugene COUNTS, Appellee.
TEXT: SHARP, Judge. The state appeals from an order of the trial court which granted Counts
motion...ealed suppressing the blood test evidence is REVERSED. COBB, C.J., and ORFINGER, J.,
concur. ------------ (FN4) Section 458.305, Fla.Stat. (1981).
971-CITE: 688 So.2d 383 Paulo McBEAN, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. We reverse defendant s conviction because of the improper exclusion of
eviden...e central nervous system and can produce euphoria and psychotic behavior, because the trial
court sustained the state s objection to that testimony.
972-CITE: 528 So.2d 67 STATE of Florida, Petitioner, v. George William THAYER, Respondent.
TEXT: PER CURIAM. On February 25, 1988 the supreme court remanded this matter for further
proceedi...rt adopts a rule to the contrary, the only questionnaire that veniremen should be sent
is that permitted by Florida Rule of Civil Procedure 1.431.
973-CITE: 647 So.2d 214 Randall Eugene BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. Randall Eugene Brown appeals the summary denial of his July 21, 1992,
mot...s order denying the motion is affirmed. Affirmed in part, reversed in part, and remanded with
directions THREADGILL, A.C.J., and BLUE, J., concur.
974-CITE: 509 So.2d 382 EVAC AMBULANCE, etc., Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et al.,
Appellees.
TEXT: UPCHURCH, Chief Judge. The employer, EVAC Ambulance, appeals from a judgment awarding
unempl...eferee and the commission erroneously concluded that the paramedic was entitled to
unemployment benefits. REVERSED. SHARP and COWART, JJ., concur.
975-CITE: 597 So.2d 431 James Luchion CHAPMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Judge. In this appeal from a conviction and sentence for attempted second degree
mur...rm the conviction but reverse the sentence and remand for resentencing in accordance with this
opinion. SCHOONOVER, C.J., and CAMPBELL, J., concur.
976-CITE: 645 So.2d 153 Thalia Janet PAPALAS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Thalia Janet Papalas, pled nolo contendere to possession of cocaine,
...e state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon
any public conveyance and cause a public disturbance.
977-CITE: 703 So.2d 1156 Timothy STANLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Timothy Stanley challenges the trial court s order summarily denying his motion
...te, 691 So.2d 648 (Fla. 2d DCA 1997). Affirmed in part, reversed in part, and remanded.
SCHOONOVER, A.C.J., and FRANK and THREADGILL, JJ., concur.
978-CITE: 566 So.2d 1386 Heriberto VALLE, Appellant, v. The STATE of Florida, Appellee.
TEXT: LEVY, Judge. Heriberto Valle, the defendant, appeals his convictions and sentences for
traff...e foregoing reasons, we affirm the conviction and sentence in all respects. Affirmed.
FERGUSON, J., concurs. GERSTEN, J., concurs in result only.
979-CITE: 522 So.2d 348 Eric Brian HOLSWORTH, Appellant, v. STATE of Florida, Appellee.
TEXT: BARKETT, Justice. Eric Brian Holsworth appeals his conviction of first-degree murder and
sen...S.Ct. 209, 98 L.Ed.2d 161 (1987); Stano v. State, 460 So.2d 890, 894 (Fla.1984), cert. denied,
471 U.S. 1111, 105 S.Ct. 2347, 85 L.Ed.2d 863 (1985).
980-CITE: 674 So.2d 826 STATE of Florida, Appellant, v. William Lowndes MEADOR, Jr., and Jory Walsh,
Appellees.
TEXT: PARIENTE, Judge. In connection with prosecutions for driving under the influence (DUI) of
al... proceedings consistent with this opinion. REVERSED AND REMANDED FOR PROCEEDINGS CONSISTENT
WITH THIS OPINION. GLICKSTEIN and WARNER, JJ., concur.
981-CITE: 570 So.2d 929 Manuel A. COLINA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Manuel A. Colina appeals his convictions on two counts of first-degree murder
an...J., and OVERTON, McDONALD, EHRLICH, BARKETT and GRIMES, JJ., concur. KOGAN, J., concurs in
result only with convictions, and concurs with sentence.
982-CITE: 484 So.2d 1365 Roderick SHAMBURGER, Appellant, v. STATE of Florida, Appellee.
TEXT: NIMMONS, Judge. Appellant Shamburger appeals from an order revoking his community control.
W...o present evidence that he did not have the present resources to pay the requisite costs.
Compare Bass v. State, 473 So.2d 1367 (Fla. 1st DCA 1985).
983-CITE: 568 So.2d 18 Harold Gene LUCAS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Lucas appeals the death sentence imposed on him at resentencing. We have
jurisdi...urt to engage in meaningful appellate review, these guidelines should be followed in all
capital-sentencing orders. BARKETT and KOGAN, JJ., concur.
984-CITE: 546 So.2d 61 Otis Dean SMITH and Gary Phillip Smith, Appellants, v. STATE of Florida,
Appellee.
TEXT: ERVIN, Judge. Appellants raise the issue whether they knowingly, voluntarily and
intelligent...Otis Smith is reversed and his case is remanded for a new trial. AFFIRMED in part,
REVERSED in part and REMANDED. SHIVERS and JOANOS, JJ., concur.
985-CITE: 559 So.2d 1121 Johnnie Lee FRAZIER, Petitioner, v. STATE of Florida, Respondent.
TEXT: McDONALD, Justice. In Frazier v. State, 530 So.2d 986 (Fla. 1st DCA 1988), the district
cour...that the trial court erred in not instructing the jury that the victim s not wearing a
seatbelt constituted a defense to the charge against Frazier.
986-CITE: 683 So.2d 597 Robert Lee McDANIEL, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. Robert Lee McDaniel, Jr., appeals the summary denial of his motion to
cor... Mr. McDaniel may be able to obtain another driver s license after he is released from prison.
Affirmed. FRANK, A.C.J., and PATTERSON, J., concur.
987-CITE: 722 So.2d 220 STATE of Florida, Petitioner, v. Lisa BLANEY, et al., Respondent.
TEXT: THOMPSON, J. The state petitions for a writ of certiorari. We grant the petition and quash
t...e circuit court with directions to reinstate the appeal. PETITION GRANTED; ORDERS QUASHED;
REMANDED with directions. COBB and ANTOON, JJ., concur.
988-CITE: 691 So.2d 535 Viktor LESCHKA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this appeal from convictions and sentences for aggravated battery and false
i...rovide a defense to a general intent offense. Linehan, 476 So.2d at 1264. DANAHY, A.C.J.,
WHATLEY, J., and ROSMAN, JAY B., Associate Judge, concur.
989-CITE: 564 So.2d 630 Corrine HELLER, Appellant, v. CITY OF OCALA, Appellee.
TEXT: GRIFFIN, Judge. This is the appeal of a summary final judgment rendered in favor of the
City...gment on Counts II and III of the complaint is reversed. AFFIRMED in part; REVERSED in part.
COWART, J. and ORFINGER, M., Associate Judge, concur.
990-CITE: 559 So.2d 217 Kimberly DOWELL, Petitioner, v. GRACEWOOD FRUIT COMPANY, Respondent.
TEXT: GRIMES, Justice. We review Dowell v. Gracewood Fruit Co., 544 So.2d 1131, 1132 (Fla. 4th
DCA...een decided in Bankston v. Brennan, 507 So.2d 1385 (Fla.1987). However, I firmly believe that
Justice Adkins in his dissent in Bankston was correct.
991-CITE: 498 So.2d 1033 SUSAN LOVERINGS FIGURE SALON and Aetna Life & Casualty, Appellants, v. Trisha
McRORIE, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order finding
appe...no competent, substantial evidence in support thereof. Accordingly, we reverse the order
below. BOOTH, C.J., and MILLS and WENTWORTH, JJ., concur.
992-CITE: 622 So.2d 182 John JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Jackson appeals his conviction of second degree murder, arguing he was entitled
...v. State, 529 So.2d 797 (Fla. 3d DCA 1988). For the foregoing reasons, we reverse and remand for
a new trial. JOANOS, ALLEN and WOLF, JJ., concur.
993-CITE: 518 So.2d 458 Russell Donald MAYO, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Russell Donald Mayo appeals the judgment and sentence for manslaughter
render...nd for resentencing within the recommended guidelines range. See Shull v. Dugger, 515 So.2d
748 (Fla.1987). SMITH, C.J., and WENTWORTH, J., concur.
994-CITE: 542 So.2d 1045 Harry B. HANDLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: LEVY, Judge. The Defendant appeals the trial court s order imposing a sentence which
departe...which supersedes the Albritton case. Because Section 921.001(5) is not retrospective,
State v. McGriff, 537 So.2d 107 (Fla.1989), Albritton applies.
995-CITE: 673 So.2d 550 Dale Ray WERHAN, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Dale Ray Werhan, Jr. appeals judgment and sentence for manslaughter by culpable
...ince wantonness, a reckless indifference to the rights of others which is equivalent to an
intentional violation of them, or an entire want of care.
996-CITE: 565 So.2d 366 Michael A. STEINFELD, Appellant, v. Marcia L. STEINFELD, Appellee.
TEXT: DELL, Judge. Michael Steinfeld appeals from a final order awarding appellees post judgment
a...post-judgment attorney s fees, expert witness fees and cost to appellee. AFFIRMED. GLICKSTEIN,
J. and SALMON, MICHAEL H., Associate Judge, concur.
997-CITE: 658 So.2d 611 STATE of Florida, Appellant, v. Roberta Jane SHEPARD, Appellee.
TEXT: QUINCE, Judge. The state appeals an order of the trial court granting appellee s motion to
s... made after the giving of Miranda warnings is reversed, and this case is remanded for further
proceedings. RYDER, A.C.J., and CAMPBELL, J., concur.
998-CITE: 515 So.2d 405 Linda F. RAGAN, formerly Linda F. Thomas, Appellant, v. Willie I. THOMAS,
Appellee.
TEXT: JOANOS, Judge. The former wife appeals an order wherein it appears the trial court awarded
t...gly, we reverse with directions for reconsideration and for entry of an order consistent with
this opinion. SMITH, C.J., and WENTWORTH, J., concur.
999-CITE: 718 So.2d 138 Gregory Alan KOKAL, Petitioner, v. Richard L. DUGGER, etc., Respondent. Gregory
Alan KOKAL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Gregory Alan Kokal appeals an order of the trial court denying relief under
Flor... opinion which suggests that it should be retroactively applied to the cases in which victim
impact evidence has been received without objection. ).
1000-CITE: 681 So.2d 1198 Deborah TEMPLE, Appellant, v. Narinder S. AUJLA, M.D., Appellee.
TEXT: PER CURIAM. Deborah Temple appeals the summary final judgment entered in favor of Narinder
A... a civil wrong, wrongful termination, and appellant should be allowed to proceed to establish
liability and damages. I would sustain the complaint.
1001-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.
1002-CITE: 502 So.2d 19 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES of the State of Florida
Appellant, v. John SPELLS, Appellee.
TEXT: FRANK, Judge. The Department of Highway Safety and Motor Vehicles has appealed from an
order...e reverse the declaratory judgment and reinstate the Department s order revoking Spells
license for ten years. DANAHY, C.J., and LEHAN, J., concur.
1003-CITE: 723 So.2d 123 STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES (97-2).
TEXT: PER CURIAM. The Supreme Court Committee on Standard Jury Instructions in Criminal Cases has
...th] of the [(victim)] [(defendant)].___ ___Give if applicable___ ___Sexual activity does not
include an act done for a bona fide medical purpose.___
1004-CITE: 655 So.2d 126 Jeanie MELBOURNE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Jeanie Melbourne was driving under the influence when she turned in front of an
...nslaughter and would certify the question to the supreme court since, in my view, the result
herein is in conflict with Troedel, James and Boutwell.
1005-CITE: 662 So.2d 400 Jonathan G. HARRELSON, Petitioner, v. STATE of Florida, Respondent.
TEXT: JOANOS, Judge. This is a petition for writ of common law certiorari to review an order of
th...emand this cause with directions to vacate petitioner s conviction, and to grant the motion to
suppress. BENTON, J., concurs. BOOTH, J., dissents.
1006-CITE: 520 So.2d 272 THE FLORIDA BAR, Complainant, v. Alan B. FIELDS, Jr., Respondent.
TEXT: PER CURIAM. These disciplinary proceedings are before the Court for consideration of the
ref... The Florida Bar, designated the Rules of Professional Conduct, replaced the Code of
Professional Responsibility and took effect on January 1, 1987.
1007-CITE: 702 So.2d 229 THE FLORIDA BAR, Complainant, v. Robert A. BOLAND, Respondent.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar and the referee s report
reg... which sum let execution issue. It is so ordered. KOGAN, C.J., OVERTON, SHAW, HARDING, WELLS
and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.
1008-CITE: 727 So.2d 981 Daryl JERVIS, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, J. Jervis appeals his conviction and sentence for attempted second degree murder.
...v. State, 335 So.2d 280 (Fla.1976). *983 not think this ground was preserved for appellate
purposes. AFFIRMED. PETERSON and THOMPSON, JJ., concur.
1009-CITE: 664 So.2d 939 Troy MERCK, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We have on appeal the judgment and sentence of the trial court imposing a death
...s out of jail because of an early release program, this case highlights why truth in sentencing
is critical to the proper administration of justice.
1010-CITE: 598 So.2d 304 In the Interest of J.C.D., a minor child.
TEXT: PER CURIAM. We agree with appellant that the evidence was insufficient to sustain a finding
...Fla.1952). In accord with the above we reverse and remand with directions that the appellant be
discharged. ANSTEAD, HERSEY and DELL, JJ., concur.
1011-CITE: 627 So.2d 1321 Linda BASS, Appellant, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL
JUSTICE STANDARDS AND TRAINING COMMISSION, Appellee.
TEXT: PER CURIAM. The hearing officer erred in not permitting the appellant s expert witness to
te...he scientific method and be supported by appropriate validation. After Daubert the Florida
supreme court restated its adherence to the Fry standard.
1012-CITE: 581 So.2d 121 Tony Leon HAYES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Tony Leon Hayes appeals from his convictions of first-degree murder and other
of...------- (FN12) See id. Section 921.141(6)(e). *128 evidence renders the death sentence
disproportional punishment in this case. KOGAN, J., concurs.
1013-CITE: 524 So.2d 1000 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS REGULATION,
and Office of the Comptroller, State of Florida, et al., Appellants Cross-Appellees, v. McKESSON
CORPORATION, et. al., Appellees Cross-Appellants.
TEXT: EHRLICH, Justice. On June 29, 1984, the United States Supreme Court decided the case of
Bacc...s giving the rulings prospective effect are affirmed. It is so ordered. McDONALD, C.J., and
OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
1014-CITE: 664 So.2d 934 INQUIRY CONCERNING A JUDGE, No. 93-391, re Hugh M. FLETCHER.
TEXT: PER CURIAM. We review the recommendation of the Judicial Qualifications Commission (the
Comm...xceeds the Court s constitutional authority. Therefore, I dissent from the majority s
decision in this case. GRIMES, C.J., and OVERTON, J., concur.
1015-CITE: 649 So.2d 861 Gary Richard WHITTON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Gary Richard Whitton appeals his convictions and sentences for first-degree
murd...2 S.Ct. 2926, 120 L.Ed.2d 854 (1992), and its progeny do not require a limiting instruction
in order to make this aggravator constitutionally sound.
1016-CITE: 632 So.2d 62 Randall Scott KNOWLES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Randall Scott Knowles, a prisoner under two sentences of death, appeals his
conv... of his abnormal mental condition requires us to reduce his sentence to life imprisonment
does not mean that he did not intend to kill Carrie Woods.
1017-CITE: 500 So.2d 140 THE FLORIDA BAR, Complainant, v. Robert E. KNOWLES, Respondent.
TEXT: BARKETT, Justice. This disciplinary proceeding is before us on complaint of The Florida Bar
...against respondent, for which sum let execution issue. It is so ordered. McDONALD, C.J., and
ADKINS, BOYD, OVERTON, EHRLICH and SHAW, JJ., concur.
1018-CITE: 447 So.2d 424 Donald BLACKBURN, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Judge. Donald Blackburn appeals his convictions for burglary (FN1) and fleeing or
att...should not have been made. (FN5) Wilson; Simmons v. Wainwright, 271 So.2d 464 (Fla. 1st DCA
1973); Ailer v. State, 114 So.2d 348 (Fla. 2d DCA 1959).
1019-CITE: 466 So.2d 1127 CITY OF HIALEAH, Appellant, v. Lea Ann WEATHERFORD, as Personal Representative
of the Estate of Ira N. Green, Deceased, Appellee.
TEXT: BASKIN, Judge. The City of Hialeah [city] appeals a final judgment entered in a wrongful
dea...irm the final judgment. Helman v. Seaboard Coast Line R.R., 349 So.2d 1187 (Fla.1977).
Appellant s remaining points are devoid of merit. Affirmed.
1020-CITE: 549 So.2d 1137 Keith COLVIN, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant below appeals the trial court s revocation of community control and
it...rimes, provided the subject upward departure is supported by the requisite valid written
reasons. Affirmed in part, reversed in part, and remanded.
1021-CITE: 577 So.2d 682 Joseph WARREN, Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. Warren appeals his conviction of one count of second degree murder. We
reve...this use of deadly force was justifiable. Accordingly, we reverse and remand for a new trial.
REVERSED and REMANDED. ERVIN and BOOTH, JJ., concur.
1022-CITE: 639 So.2d 128 STATE of Florida, Appellant, v. Leta Grace FLOYD, Appellee.
TEXT: PER CURIAM. The state appeals the order discharging Leta Floyd for failure to bring her to
t... Accordingly, we reverse the order discharging Floyd and remand for further proceedings.
CAMPBELL, A.C.J., and THREADGILL and LAZZARA, JJ., concur.
1023-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.
1024-CITE: 619 So.2d 318 ALLSTATE INSURANCE COMPANY, Appellant, v. Hely Saul GONZALEZ and Mary Ann
Gonzalez, Appellees.
TEXT: BARKDULL, Judge. Appellant Defendant Allstate appeals the trial court s order granting a
J.N... directions. ------------ (FN1) Frazier v. Seaboard Sys. R.R., Inc., 508 So.2d 345 (Fla.1987);
Ligman v. Tardiff, 466 So.2d 1125 (Fla. 3d DCA 1985).
1025-CITE: 678 So.2d 378 CNA INTERNATIONAL REINSURANCE COMPANY, LTD., As Subrogee of Shapray Limited,
Dark Blood, INC., New Line Cinema, Inc., British Screen Finance, Ltd., Berliner Bank, Screen
Partners and Film Finances, Inc., Appellants, v. Arlyn PHOENIX, as Personal Representative of The
Estate of River J. PHOENIX, Appellee. AMERICAN CASUALTY COMPANY OF READING, PA., As Subrogee of Time
Warner, Inc., Appellant, v. Arlyn PHOENIX, as Personal Representative of the Estate of River J.
Phoenix, Appellee.
TEXT: JOANOS, Judge. In these consolidated appeals from final orders granting appellee s motions
t...entitled to a declaration regardless of whether it prevailed on the coverage issue. See State
Farm v. Hinestrosa, 614 So.2d 633 (Fla. 4th DCA 1993).
1026-CITE: 510 So.2d 612 The STATE of Florida, Appellant, v. Ronald HOWARD, Appellee.
TEXT: NESBITT, Judge. Howard was charged with driving while under the influence, pursuant to
secti...oes not fall within the limited exceptions listed in section 316.2065, it is the legislature
s expressed intention that bicyclists be bound thereby.
1027-CITE: 458 So.2d 327 Ben Ruben POPE, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. This is an appeal from a conviction of attempted premeditated murder. As
h...fense of entrapment. Ivory v. State, 173 So.2d 759 (Fla. 3d DCA 1965), cert. dismissed, 183
So.2d 212 (Fla.1965). JOANOS and BARFIELD, JJ., concur.
1028-CITE: 558 So.2d 416 Kenneth Allen STEWART, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Stewart appeals his convictions of first-degree murder and second-degree arson
a...N2) In concluding that Stewart s capacity was not substantially impaired, he necessarily took
into account what Stewart told him about his drinking.
1029-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.
1030-CITE: 478 So.2d 842 Enrico EHRENSHAFT, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Appellant was charged with possession of more than twenty grams of cannabis
a...and convincing reason for further departure beyond the one cell increase. Reversed and remanded
for resentencing. ERVIN and BARFIELD, JJ., concur.
1031-CITE: 654 So.2d 1248 Christopher DEXTER, Appellant, v. STATE of Florida, Appellee.
TEXT: FULMER, Judge. The defendant, Christopher Dexter, appeals his judgment and sentence for
poss... with this opinion and to allow imposition of the costs of prosecution if properly requested
by the state. PATTERSON, A.C.J., and BLUE, J., concur.
1032-CITE: 452 So.2d 1002 Ronald A. CLARK, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Judge. The state attorney in Pasco County charged Ronald Clark with kidnapping and
th...ng introduction of the statements a harmful error. Accordingly, we reverse and remand for a
new trial. BOARDMAN, A.C.J., and CAMPBELL, J., concur.
1033-CITE: 583 So.2d 316 Bryan Fredrick JENNINGS, Appellant, v. STATE of Florida, Appellee. Bryan
Fredrick JENNINGS, Petitioner, v. Richard DUGGER, Respondent.
TEXT: PER CURIAM. Bryan Fredrick Jennings appeals to this Court from the trial court s denial of
h...is granted as discussed within this opinion. It is so ordered. SHAW, C.J., and OVERTON,
McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
1034-CITE: 675 So.2d 1030 Linda ATWELL, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,
Appellee.
TEXT: THOMPSON, Judge. Linda Atwell appeals the termination of her parental rights to M.A. She
arg...to the child. Padgett v. Department of Health and Rehabilitative Servs., 577 So.2d 565, 571
(Fla.1991). AFFIRMED. GOSHORN and HARRIS, JJ., concur.
1035-CITE: 617 So.2d 291 Milo A. ROSE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Milo A. Rose, a prisoner under sentence of death, appeals the circuit court s
de...ur in result only. ------------ (FN4) In the sentencing order, the trial judge did not find
this aggravating factor to be applicable to Rose s case.
1036-CITE: 670 So.2d 1191 Dawn LEWIS, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,
Appellee.
TEXT: THOMPSON, Judge, Dawn Lewis ( the mother ) appeals the final judgment terminating her
parent...d 39.469 require only one hearing to be held. Moore, 664 So.2d at 1139. REVERSED and
REMANDED with instructions. GOSHORN and GRIFFIN, JJ., concur.
1037-CITE: 532 So.2d 1051 Wilbur Aaron LAMB, Appellant, v. STATE of Florida, Appellee.
TEXT: SHAW, Justice. We have for review Wilbur Aaron Lamb s convictions for first-degree murder,
b...urt for resentencing consistent with this opinion. It is so ordered. EHRLICH, C.J., and
OVERTON, McDONALD, BARKETT, GRIMES and KOGAN, JJ., concur.
1038-CITE: 599 So.2d 116 THE FLORIDA BAR, Complainant, v. Ariel POPLACK, Respondent.
TEXT: PER CURIAM. The Florida Bar petitions for review of a referee s recommended sanction that
th... If it truly was a prank, I question Mr. Poplack s judgment to practice law. I would suspend
him for a minimum of ninety days. SHAW, C.J., concurs.
1039-CITE: 656 So.2d 521 John F. CURRY, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. John F. Curry appeals his sentences for two counts of handling and fondling
a...assessed for the Criminal Justice Trust Fund and, accordingly, modify the Judgment sua sponte.
See Primm v. State, 614 So.2d 658 (Fla. 2d DCA 1993).
1040-CITE: 684 So.2d 175 Michael L. ROBINSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Michael L. Robinson appeals the sentence of death imposed after his conviction
o...ifically address appellant s four remaining claims of error because his first claim is
dispositive of the case, we find that they are without merit.
1041-CITE: 616 So.2d 953 THE FLORIDA BAR, Complainant, v. Larry G. RIGHTMYER, Respondent.
TEXT: PER CURIAM. We have for review a referee s report on complaint of The Florida Bar (the
Bar)....which sum let execution issue. It is so ordered. BARKETT, C.J., and McDONALD, SHAW,
GRIMES, KOGAN and HARDING, JJ., concur. OVERTON, J., recused.
1042-CITE: 440 So.2d 65 In re Forfeiture of the following described property: ALCOHOLIC BEVERAGES SEIZED
FROM SAUL S ELKS CLUB ON JUNE 30, 1982. STATE of Florida, Appellant, v. Saul COBB, Appellee.
TEXT: ROBERT P. SMITH, Jr., Judge. The state appeals from a circuit court order dismissing the
sta...ude civil forfeiture proceedings which were begun immediately upon the termination of the
prosecution. REVERSED. SHIVERS and NIMMONS, JJ., concur.
1043-CITE: 433 So.2d 1225 NORTHLAND INSURANCE COMPANY, Appellant, v. John MAUTINO, Delores E. Lynn, and
Linda Patchett, Appellees.
TEXT: JORGENSON, Judge. This is an appeal by Northland Insurance Company from a final judgment
ren...rule established by Arkwright and George. We have considered the other issues raised by the
appellant and find them to be without merit. Affirmed.
1044-CITE: 555 So.2d 888 STATE of Florida, Appellant, v. Nicholas Patrick POWERS, Warren A. Stevens and
Linda J. Schoeppl, Appellees.
TEXT: SCHOONOVER, Acting Chief Judge. The state has appealed three orders entered by the county
co...hicles, 14 Wash.App. 333, 541 P.2d 1005 (1975). Reversed and remanded for further proceedings
consistent herewith. FRANK, and PARKER, JJ., concur.
1045-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.
1046-CITE: 536 So.2d 384 Jose ALEMAN, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Jose Aleman seeks review of the trial court s upward departure from the
sentenci...ingly, we vacate the sentence and remand for sentencing within the guidelines. See Shull
v. Dugger, 515 So.2d 748 (Fla.1987). VACATED AND REMANDED.
1047-CITE: 504 So.2d 758 STATE of Florida, Petitioner, v. Richard STRONG, Respondent.
TEXT: OVERTON, Justice. This is a petition to review Strong v. State, 465 So.2d 549 (Fla. 3d DCA
1...with directions to reinstate his convictions. It is so ordered. McDONALD, C.J., and EHRLICH,
SHAW and BARKETT, JJ., and ADKINS, J. (Ret.), concur.
1048-CITE: 739 So.2d 90 Robert LARKINS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We have on appeal the order of the trial court imposing the death penalty upon
R...cted of capital crimes are no longer eligible for parole, Larkins sentence is controlled by the
law in effect at the time he committed this offense.
1049-CITE: 560 So.2d 1166 Charles Edward CARTER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Charles Edward Carter appeals his conviction for the murder of Millie Worden
and...d.2d 295 (1974). Although this issue is moot in light of our disposition of the case, we
belabor the matter for the instruction of our trial courts.
1050-CITE: 478 So.2d 1196 STATE of Florida, Appellant, v. Charles B. PRUES, Appellee.
TEXT: HERSEY, Chief Judge. The state appeals an order suppressing the results of a blood test.
Ap...roperly excluded. We therefore affirm the lower court s order granting appellee s motion to
suppress. AFFIRMED. LETTS and GLICKSTEIN, JJ., concur.
1051-CITE: 695 So.2d 845 Deana A. DESSANTI and Arnold Blair Dale, Appellants Cross-Appellees, v. Carmen
Maria CONTRERAS, as Administrator and Personal Representative of the Estate of Flor Torres Osterman
and as Guardian for and on behalf of Carmen Lorena Duarte, Minor Child, Appellee Cross-Appellant.
TEXT: WARNER, Judge. In this appeal, the appellants contend that the trial court committed
reversi...ory and punitive damages, that the issue of compensatory damages against Ms. Dessanti be
bifurcated from the punitive damage claim against Mr. Dale.
1052-CITE: 651 So.2d 112 Anthony HART, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. Once again this court is called upon to determine if conditions of probation
mu...1 (Fla. 2d DCA 1994). Affirmed in part, portions of probation conditions stricken, and
question certified. DANAHY, A.C.J., and FULMER, J., concur.
1053-CITE: 642 So.2d 577 K.W., a minor, and DEBORAH SMITH, Appellants, v. The SCHOOL BOARD OF ORANGE
COUNTY, et al., Appellees.
TEXT: PER CURIAM. AFFIRMED. GOSHORN and PETERSON, JJ., concur. W. SHARP, J., dissents with
opini...ally a jury question. Gibson v. Avis Rent-A-Car System, Inc., 386 So.2d 520 (Fla.1980);
Stewart v. Boho, Inc., 493 So.2d 95, 97 (Fla. 4th DCA 1986).
1054-CITE: 715 So.2d 940 Curtis Champion GREEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Curtis Champion Green appeals his conviction for first-degree murder and the
imp... to sentence Green accordingly. It is so ordered. KOGAN, C.J., OVERTON, SHAW, HARDING, WELLS
and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.
1055-CITE: 515 So.2d 214 Gary Ellis MATHIS, Petitioner, v. STATE of Florida, Respondent.
TEXT: BARKETT, Justice. We have for review Mathis v. State, 498 So.2d 647 (Fla. 1st DCA 1986), in
...e trial court for resentencing within the guidelines. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.
1056-CITE: 599 So.2d 269 Kent Wayne SHADDIX, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. Appellant Shaddix was tried and found guilty of burglary of a dwelling in
Ca...f firearms or other weapons by a convicted felon. AFFIRMED in part, REVERSED in part, and
REMANDED with instructions. MINER and WOLF, JJ., concur.
1057-CITE: 637 So.2d 946 The STATE of Florida, Appellant, v. Harold Keith JOY, Appellee.
TEXT: PER CURIAM. The State of Florida appeals from an order of suppression. For the following
rea...when Officer Diaz stopped Joy s vehicle, the officer had a reasonable suspicion that Joy had
committed the crime of travelling at an unlawful speed.
1058-CITE: 540 So.2d 144 James GIBBONS, Appellant, v. STATE of Florida, Appellee.
TEXT: HERSEY, Chief Judge. Appellant, James Gibbons, appeals his sentence and raises two issues.
H...nefit from the lesser sentence simply because one of the two convictions cannot stand under
Carawan. In all other respects, I concur in the opinion.
1059-CITE: 718 So.2d 837 Robert Wayne WILLIAMS, Appellant, v. STATE of Florida, Appellee. Mark NELMS,
Appellant, v. MASSACHUSETTS BAY INSURANCE COMPANY, Appellee. Robert Wayne WILLIAMS and Williams
Products, Inc., Appellants, v. Mark Ivey NELMS and Rita Nelms, his wife, Appellees.
TEXT: PER CURIAM. The above three cases were consolidated for this proceeding because they arose
o...ed. *839 We affirm in case numbers 97-00663 and 97-01843, but reverse in case number 97-02881.
PARKER, C.J., and PATTERSON and GREEN, JJ., concur.
1060-CITE: 717 So.2d 578 Stuart SWALHEIM, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a denial of a writ of prohibition. Appellant had
peti...uit court for issuance of the writ of prohibition with directions to discharge appellant.
REVERSED and REMANDED. HARRIS and PETERSON, JJ., concur.
1061-CITE: 723 So.2d 369 STATE of Florida, Appellant, v. Jean FOLKS, Appellee.
TEXT: WARNER, J. The state appeals an order granting a motion to suppress, based on the trial
cour... in a public lot drinking a beer. For that reason, we reverse the order of suppression.
KLEIN, J., and OWEN, WILLIAM C., JR., Senior Judge, concur.
1062-CITE: 492 So.2d 1375 Martin Leslie WELLS, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. The defendant appeals from a conviction for possession of a controlled
subs...982), where the court held that permission to go aboard defendant s boat was not equivalent
to consent to search hidden compartments and containers.
1063-CITE: 550 So.2d 447 In re John Winder BRYAN, Jr., etc.
TEXT: KOGAN, Justice. John Winder Bryan Jr., declared by the trial court to be incompetent to
mana... clear and convincing evidence. *449 since Mr. Bryan personally testified before him at some
length. I respectfully dissent. OVERTON, J., Concurs.
1064-CITE: 430 So.2d 517 STATE of Florida, Appellant, v. Kenneth HANKERSON, a k a Willie Neal, Appellee.
TEXT: HOBSON, Acting Chief Judge. Appellee, Kenneth Hankerson, was charged by information with
thr...the same as the ordinary observations of the average person making normal contact with an
individual. Ensor v. State, 403 So.2d 349, 354 (Fla.1981).
1065-CITE: 700 So.2d 58 Feliz AGUILAR, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Chief Judge. We affirm Appellant s conviction, finding no abuse of discretion in the
...bstantive offense. Therefore, the judgment is affirmed, the sentence is reversed, and we remand
for resentencing. GUNTHER and FARMER, JJ., concur.
1066-CITE: 669 So.2d 1140 Warren DEAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PARIENTE, Judge. We affirm defendant s conviction but strike the special conditions of
proba...Prior to being renumbered effective July 1, 1994, this section was designated section
948.03(1)(i). See Ch. 94-294, Section 1, at 2055, Laws of Fla.
1067-CITE: 583 So.2d 785 STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Donald S.
SCOTT, Respondent.
TEXT: SCHEB, Acting Chief Judge. The Department of Highway Safety and Motor Vehicles seeks a writ
...for writ of certiorari, quash the circuit court s *788 order and direct review of Scott s
petition on its merits. HALL and THREADGILL, JJ., concur.
1068-CITE: 492 So.2d 1059 Richard M. COOPER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Richard Michael Cooper, appeals his convictions of three counts of
fi...d, appellant s convictions and sentences are affirmed. It is so ordered. McDONALD, C.J., and
ADKINS, BOYD, OVERTON, EHRLICH and SHAW, JJ., concur.
1069-CITE: 498 So.2d 1321 AMERICAN LEGION POST # 30 and Ina Aetna, Appellants, v. James GAILEY, Appellee.
TEXT: MILLS, Judge. This is an appeal from a workers compensation order finding compensability
and...his issue, we do not feel it is necessary to discuss the remaining points urged by the
employer. Reversed. BOOTH, C.J., and WENTWORTH, J., concur.
1070-CITE: 691 So.2d 1062 Dusty Ray SPENCER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Dusty Ray Spencer appeals the imposition of the death penalty on resentencing.
W...l abuse; had a paranoid personality disorder; was sexually abused by his father; had an
honorable military record; and had a good employment record.
1071-CITE: 528 So.2d 1221 STATE of Florida, Appellant, v. Hal Stephen CASTILLO, Appellee.
TEXT: WENTWORTH, Judge. The state seeks review of a suppression order entered in a prosecution
for...es do not argue, and we do not address, whether this evidence would be admissible in a
proceeding for the revocation of appellee s driver s license.
1072-CITE: 517 So.2d 49 Karl Stephen SEITZ, Appellant, v. SURFSIDE, INC. a Florida corporation, Appellee.
TEXT: HENDRY, Judge. Karl Seitz, plaintiff below, appeals from an adverse summary judgment in a
pe...summary judgment as a matter of law. The remaining issues raised by appellant have been
considered and we find them to be without merit. Affirmed.
1073-CITE: 621 So.2d 1368 Victor Marcus FARR, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Victor Marcus Farr appeals the sentence of death imposed after his conviction
of... kill his victim at the time that he kidnapped her. I would approve the sentence of death as
well as the judgment of guilt. McDONALD, J., concurs.
1074-CITE: 561 So.2d 648 Michael DONALDSON, Petitioner, v. STATE of Florida, Respondent.
TEXT: GARRETT, Judge. We review a petition for writ of certiorari from a determination of the
circ...y the petition for writ of certiorari. I join with the majority as to the question certified
to the supreme court being of great public importance.
1075-CITE: 679 So.2d 710 Horace Melvin POPE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We have on appeal the judgment of conviction and sentence of death imposed on
Ho...ntal or emotional stress and his capacity to conform conduct to requirements of law was
severely impaired at time of murder). ANSTEAD, J., concurs.
1076-CITE: 616 So.2d 88 John D. FELTY, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, convicted of the vehicular homicide of a little girl, argues
tha...ction to reflect only those *91 conditions orally pronounced at sentencing or those allowed by
statute. DANAHY, A.C.J., and THREADGILL, J., concur.
1077-CITE: 449 So.2d 323 Leonard DEL PERCIO and Laura Iris Moore, Petitioners, v. The CITY OF DAYTONA
BEACH, Respondent.
TEXT: DAUKSCH, Judge. This matter is before us upon a petition for writ of certiorari to the
circu... petition for certiorari, and grant Moore s petition, vacate the sentence imposed upon her,
and remand her case to the trial court for resentencing.
1078-CITE: 711 So.2d 1241 STATE of Florida, Appellant, v. Robert A. THOMAS, Appellee.
TEXT: PARKER, Chief Judge. The State appeals the final order granting Robert A. Thomas s motion
to...t erred in suppressing the evidence obtained during a lawful search incident to an arrest. The
order is reversed. CAMPBELL and QUINCE, JJ., concur.
1079-CITE: 484 So.2d 1368 STATE of Florida, Appellant, v. Fred Lynn LAMB, Appellee.
TEXT: SCHEB, Acting Chief Judge. The state charged appellee Fred Lamb with carrying a concealed
fi...mediate access to a weapon and was, therefore, a justifiable search and seizure. Terry v. Ohio;
Brown. Reversed. FRANK and SANDERLIN, JJ., concur.
1080-CITE: 438 So.2d 982 Charles WEBER, Appellant, v. The STATE of Florida, Appellee.
TEXT: FERGUSON, Judge. This case, before us for a second time, appeals an order denying
post-convi...s later is an inadequate remedy. The judgment and sentence are vacated. Upon his being
found competent to stand trial the defendant may be retried.
1081-CITE: 666 So.2d 895 Nathaniel WHITE, Petitioner, v. STATE of Florida, Respondent.
TEXT: ANSTEAD, Justice. We have for review White v. State, 651 So.2d 726 (Fla. 5th DCA 1995),
whic...ligence, or is otherwise inconsistent with this opinion. It is so ordered. GRIMES, C.J.,
and OVERTON, SHAW, KOGAN, HARDING and WELLS, JJ., concur.
1082-CITE: 487 So.2d 80 QUALITY ELECTRIC SERVICE, INC., Appellant, v. SEYMOUR ELECTRIC SUPPLY CO., INC.,
Appellee.
TEXT: ON MOTION FOR REHEARING SHIVERS, Judge. We grant the appellee s motion for rehearing,
vacat...verse the final judgment entered upon default, we need not address appellant s second issue.
REVERSED and REMANDED. MILLS and ZEHMER, JJ., concur.
1083-CITE: 715 So.2d 348 Robert REARDON, Petitioner, v. STATE of Florida, Respondent.
TEXT: FARMER, Judge. Petitioner is represented by the public defender on an aggravated battery
cha...er s certification of conflict is treated by the trial courts and reviewed will have to come
from the legislature. DELL and STEVENSON, JJ., concur.
1084-CITE: 597 So.2d 780 Amos Lee KING, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Amos Lee King, Jr., a prisoner on death row, appeals the trial court s denial
of... correct a witness false testimony or to impeach that witness; 4) challenge death being the
appropriate penalty; and 5) object to improper evidence.
1085-CITE: 506 So.2d 1131 In the Interest of C.G., a child. Edwin C. Bob GLENNON and Christa Glennon, his
wife, Appellants, v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: SCHEB, Acting Chief Judge. Appellants, the parents of C.G., their six-year-old daughter,
cha...nt to the Sections under 39.41 and 409.168. Affirmed in part; reversed in part; and remanded
with directions. CAMPBELL and SANDERLIN, JJ., concur.
1086-CITE: 652 So.2d 346 Victor Tony JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Victor Tony Jones, a prisoner under two sentences of death, appeals his
convicti...oper, so should juries charged with the responsibility for making a sentencing
recommendation be similarly instructed. SHAW and KOGAN, JJ., concur.
1087-CITE: 700 So.2d 383 Philip William LORTZ, Appellant, v. DEPARTMENT OF HEALTH, Appellee.
TEXT: PER CURIAM. In its amended administrative complaint, the Agency for Health Care
Administrati...a physician patient relationship with A.S. when he agreed to review the medical
examination form and perform the physical examination in his home.
1088-CITE: 583 So.2d 657 David Eugene JOHNSTON, Petitioner, v. Richard L. DUGGER, Respondent. David
Eugene JOHNSTON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. David Eugene Johnston appeals the trial court s denial of his motion for
postcon...f habeas corpus. It is so ordered. SHAW, C.J. and OVERTON, McDONALD, GRIMES, KOGAN and
HARDING, JJ., concur. BARKETT, J., concurs in result only.
1089-CITE: 696 So.2d 469 Rosalio RIOS, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. During the evening hours of December 31, 1995, the appellant
was... waive the right, not the competence to represent himself citing Godinez v. Moran, 509 U.S.
389, 399, 113 S.Ct. 2680, 2687, 125 L.Ed.2d 321 (1993)).
1090-CITE: 612 So.2d 604 Melissa R. MOORE, Appellant, v. Cezar TREVINO, Appellee.
TEXT: POLEN, Judge. Melissa Moore seeks review of an order entered pursuant to her 1990 petition
f... party s evidence we personally believe, we might just as well forget trials and go straight to
the appellate courts to decide the facts. I dissent.
1091-CITE: 586 So.2d 1024 Mac Ray WRIGHT, Appellant, v. STATE of Florida, Appellee.
TEXT: BARKETT, Justice. Mac Ray Wright appeals from his convictions of first degree murder and
the...d. SHAW, C.J., and McDONALD, GRIMES, KOGAN and HARDING, JJ., concur. OVERTON J., concurs in
result only with conviction and concurs with sentence.
1092-CITE: 565 So.2d 910 STATE of Florida DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, and Donna J.
Stone, Appellants, v. Richard D. STONE, Appellee.
TEXT: PER CURIAM. This is an appeal from a final order directing child support to be paid by the
c...e. Reversed and remanded for further proceedings consistent with the views we have expressed.
SCHOONOVER, C.J., and DANAHY and FRANK, JJ., concur.
1093-CITE: 734 So.2d 1057 Sidney C. GOODWIN a k a Mickey Goodwin, Appellant, v. STATE of Florida,
Appellee.
TEXT: PER CURIAM. Appellant raises two issues with regard to his conviction for possession of a
fi...admissible to impeach under Section 90.610), cert. denied, 488 U.S. 901, 109 S.Ct. 250, 102
L.Ed.2d 239 (1988). ERVIN, MINER and KAHN, JJ., concur.
1094-CITE: 719 So.2d 931 D.L., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, M., Senior Judge. D.L. appeals from an adjudication of delinquency and from an
ord...e been granted. See J.R.V v. State, 23 Fla.L.Weekly D1957 (Fla. 5th DCA August 21, 1998).
REVERSED AND REMANDED. PETERSON and ANTOON, JJ., concur.
1095-CITE: 545 So.2d 375 Ogden KING, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by appellant, Ogden King, from his conviction of second
degree...everse and remand for a new trial in accord with the opinion set out above. DOWNEY and
ANSTEAD, JJ., and RIVKIND, LEONARD, Associate Judge, concur.
1096-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.
1097-CITE: 621 So.2d 455 Deborah MURPHY, Appellant, v. Phillip MURPHY, Appellee.
TEXT: FARMER, Judge. After a trial on the merits of a child custody issue, the trial judge s
final...hat our decision in this case conflicts with it. REHEARING DENIED; CONFLICT CERTIFIED.
POLEN, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
1098-CITE: 611 So.2d 1270 Douglas J. LOVE, Appellant, v. Luz Maria GARCIA, Appellee.
TEXT: ON REHEARING EN BANC FARMER, Judge. Upon rehearing by the entire court, we withdraw our
opi...hallenge to the records. For the large majority *1281 of such cases proof of the record by the
custodian will suffice. For these reasons, I dissent.
1099-CITE: 643 So.2d 1032 Robert Lacy PARKER, Appellant, v. STATE of Florida, Appellee.
TEXT: ON REMAND PER CURIAM. We have for review the sentence of death imposed on Appellant Robert
...igating factor. If the death penalty is to mean anything at all, it should apply to these types
of drug-controlled killings. GRIMES, C.J., concurs.
1100-CITE: 726 So.2d 349 STATE of Florida, Petitioner, v. Jaime NAZARIO, Respondent.
TEXT: PER CURIAM. The respondent, Jaime Nazario, was charged by information with second degree
mur...rly prohibits evidence of specific instances of prior bad acts or misconduct. We, therefore,
deny that portion of the petition regarding this order.
1101-CITE: 527 So.2d 270 Eugene C. SOUTH, Appellant, v. HEARTLAND EMPLOYMENT & TRAINING ADMINISTRATION
and Peninsular Fire Insurance Company, Appellees.
TEXT: WIGGINTON, Judge. The issue before this Court is whether the deputy commissioner erred in
de...he claim for further psychiatric care. REVERSED and REMANDED for further proceedings
consistent with this opinion. MILLS and SHIVERS, JJ., concur.
1102-CITE: 561 So.2d 410 Rajendr BAJRANGI, d b a Quick Stop Center, Appellant, v. DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellee.
TEXT: GRIFFIN, Judge. Appellant is the owner and operator of the Quick Stop Center convenience
sto...., concur. ------------ (FN4) Reference to that section apparently related to Mr. Ramey s
competence to testify that beer is an intoxicating liquor.
1103-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.
1104-CITE: 732 So.2d 433 Lynn K. ECKELBARGER and John Eckelbarger, Appellants, v. Diane Michelle FRANK,
as Personal Representative of the Estate of Phelicia Doreen Frank, deceased, and Diane Michelle
Frank, individually, Appellee.
TEXT: PATTERSON, Acting Chief Judge. Appellants Lynn and John Eckelbarger (the Eckelbargers)
chall...reverse and remand for proceedings consistent with this opinion. Reversed and remanded.
STRINGER, J., and DANAHY, PAUL W., (Senior) Judge, Concur.
1105-CITE: 602 So.2d 1245 Murphy H. GOODMAN, Appellant, v. BRASSERIA LA CAPANNINA, INC., et al.,
Appellees.
TEXT: McDONALD, Judge. We review Brasseria La Capannina, Inc. v. Goodman, 579 So.2d 193 (Fla. 4th
...as constitutionally applied to the facts of this case. It is so ordered. SHAW, C.J., and
OVERTON, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
1106-CITE: 520 So.2d 678 David WATERS, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. David Waters appeals an order denying his motion to strike probation
conditio...ed to be served. The sentence is, therefore, reversed and remanded for resentencing
consistent with this opinion. ERVIN and BARFIELD, JJ., concur.
1107-CITE: 541 So.2d 1125 Freddie Lee HALL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Freddie Lee Hall, a prisoner under sentence of death and death warrant, appeals
.... California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967). (FN5) Strickland v. Washington,
466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
1108-CITE: 561 So.2d 305 The STATE of Florida, Petitioner, v. Donald Matthew FREUND, Respondent.
TEXT: PER CURIAM. Donald Matthew Freund was arrested and charged with reckless driving (FN1) and
p...utcome of this case, he is without standing to question whether the statute would pass
constitutional muster in application. Reversed and remanded.
1109-CITE: 685 So.2d 53 Frederick O Neal GARRISON, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, VINCENT T., Senior Judge. Frederick Garrison challenges the denial of his motion to
su...ns, affirm other probation conditions and remand for further proceedings in accordance with our
opinion. FRANK, A.C.J., and ALTENBERND, J., concur.
1110-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.
1111-CITE: 697 So.2d 1200 Deborah KITCHEN, Petitioner, v. K-MART CORPORATION, Respondent.
TEXT: ANSTEAD, Judge. We have for review a decision ruling upon the following question certified
t... and remand for further proceedings consistent herewith. It is so ordered. KOGAN, C.J., and
OVERTON, SHAW, GRIMES, HARDING and WELLS, JJ., concur.
1112-CITE: 431 So.2d 339 S.W., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIMES, Acting Chief Judge. S.W., a fifteen year old child, was adjudicated delinquent for
v...14 P.2d 1059 (1973). We, therefore, declare the City of Palmetto ordinance No. 483
unconstitutional. REVERSED. DANAHY and SCHOONOVER, JJ., concur.
1113-CITE: 659 So.2d 718 Erin McCLENDON, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. McClendon appeals from his sentence after being adjudicated guilty of two
c...e trial court for the sole purpose of resolving this discrepancy. AFFIRMED IN PART; MODIFIED IN
PART; REMANDED. DAUKSCH and THOMPSON, JJ., concur.
1114-CITE: 638 So.2d 184 William NELSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s sentence. Although appellant s original sentence imposed
...91). Although the trial court did make a comment about the victim s age, it clearly indicated
that the basis for departure was the emotional trauma.
1115-CITE: 640 So.2d 170 MISTY S CAFE, INC., Appellant, v. LEON COUNTY, Florida, and Larry Campbell, an
individual as Undersheriff for the Leon County Sheriff s Office, Appellees.
TEXT: PER CURIAM. Misty s Cafe, Inc., the appellant, challenges the entry of an injunction
prohibi...ce this issue was not presented in the proceeding below. Accordingly, the order under
review is AFFIRMED. SMITH, LAWRENCE and BENTON, JJ., concur.
1116-CITE: 707 So.2d 374 Neal BROOKS, Jr., Appellant, v. Alfredo RIOS, personal representative of the
estate of Nora Q. Rios, deceased, Appellee.
TEXT: PER CURIAM. Neal Brooks, Jr. appeals an adverse final judgment entered pursuant to a jury
ve...rd is excessive and will bankrupt Brooks, as he maintains on appeal. For all of these reasons,
we affirm the final judgment and order under review.
1117-CITE: 584 So.2d 127 STATE of Florida, Appellant, v. Howard JENKINS, Appellee.
TEXT: PER CURIAM. We reverse and remand for resentencing on the authority of State v. Baxter, 581
...t to Florida Statutes Section 397.12 (Wests 1989). The Defendant shall be placed on probation to
supervise his compliance with his treatment plan.
1118-CITE: 694 So.2d 704 Gary Eldon ALVORD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We have for review the trial court s order summarily denying Gary Eldon Alvord
s...he benefit of an evidentiary hearing before a trial court. *708 There is no reasonable basis for
treating Alvord differently. KOGAN, C.J., concurs.
1119-CITE: 446 So.2d 1099 Richard FILLINGIM, Jesse Herndon, Valynda Rathburn, Lois Kibe, Cynthia Kimbrell
and Suzanne Sims, Petitioners, v. STATE of Florida, Respondent.
TEXT: ON PETITION FOR WRIT OF CERTIORARI ERVIN, Chief Judge. Petitioners, charged with violation
...03, Florida Statutes, Florida s indecent exposure statute, the constitutionality of which was
upheld in Hoffman v. Carson, 250 So.2d 891 (Fla.1971).
1120-CITE: 509 So.2d 1208 Joey Lee HIPP, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. Appellant was convicted of sexual battery, aggravated battery, battery on a
p...te, 501 So.2d 150 (Fla. 1st DCA 1987). (FN3) Mortimer v. State, 490 So.2d 93 (Fla. 3d DCA 1986);
Watson v. State, 492 So.2d 831 (Fla. 5th DCA 1986).
1121-CITE: 540 So.2d 193 Felix PULASKI, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Felix Pulaski appeals the denial of his motion to correct sentence. We affirm.
...victions. Both result in a second conviction for the same offense, justifying a longer
suspension. Affirmed. SCHEB, A.C.J., and RYDER, J., concur.
1122-CITE: 717 So.2d 59 Miguel GARCIA, Petitioner, v. Donald MANNING, Director, Dade County Department of
Corrections and Rehabilitation, Respondent.
TEXT: SORONDO, Judge. The respondent properly concedes that the order finding the petitioner in
ci...nied, 386 So.2d 642 (Fla.1980). Further departures from these ethical guidelines will require a
referral to The Florida Bar for disciplinary action.
1123-CITE: 732 So.2d 415 Phillip MALONEY, Appellant, v. Jason Alexander WILLIAMS, et al., Appellees.
TEXT: GRIFFIN, C.J. This is an appeal of a jury verdict rendered in favor of Jason Williams [
Will...their consideration. We find no merit in Maloney s other issues on appeal. REVERSED and
REMANDED for a new trial. COBB and PETERSON, JJ., concur.
1124-CITE: 553 So.2d 787 Jacqueline H. MOORE, Appellant, v. TAYLOR CONCRETE & SUPPLY COMPANY, INC.,
Appellee.
TEXT: JOANOS, Judge. Jacqueline Moore (Moore) appeals the final judgment and damages award
rendere...frain from statements and comments of this ilk. Accordingly, this cause is reversed and
remanded for a new trial. ERVIN and BARFIELD, JJ., concur.
1125-CITE: 556 So.2d 428 STATE of Florida, Petitioner, v. John Calhoun BOYNTON, Respondent.
TEXT: PER CURIAM. The state timely seeks a writ of certiorari to review the Palm Beach circuit
cou...rticular DUI, I am by no means sure that there has been a violation of a clearly established
principle of law resulting in a miscarriage of justice.
1126-CITE: 529 So.2d 670 Bobby Marion FRANCIS, Appellant, v. STATE of Florida, Appellee.
TEXT: McDONALD, Chief Justice. Francis, a prisoner under sentence of death, appeals the trial
cour... meaning of Strickland, and I thus would reverse the court below, vacate the sentence of
death and order appellant resentenced. KOGAN, J., concurs.
1127-CITE: 592 So.2d 1123 Kenneth WRIGHT, Appellant, v. The STATE of Florida, Appellee.
TEXT: NESBITT, Judge. Defendant seeks reversal of his conviction for four counts each of driving
u...the jury selection methods the trial courts employed. Thus, this dissent is not in conflict with
Carter v. State, 550 So.2d 1130 (Fla. 3d DCA 1989).
1128-CITE: 678 So.2d 925 Glenn LONG, Appellant, v. STATE of Florida, Appellee.
TEXT: MICKLE, Judge. Appellant seeks review of an order denying his motion seeking
post-conviction... timely request for an appeal and that counsel failed to honor it). AFFIRMED in
part, REVERSED in part and REMANDED. MINER and ALLEN, JJ., concur.
1129-CITE: 521 So.2d 1071 John Gary HARDWICK, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: BARKETT, Justice. John Gary Hardwick, Jr., appeals his conviction of first-degree murder
and... foregoing, the conviction and sentence are affirmed. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, 