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District Court of Appeal of Florida

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McBride v. State, I-9 (1966)

191 So. 2d 70 (1966) Thomas McBRIDE, Jr., Appellant, v. STATE of Florida, Appellee. No. I-9. District Court of Appeal of Florida. First District. October 18, 1966. T. Edward Austin, Jr., Public Defender, Charles J. Franson, Asst. Public Defender, for appellant. Earl Faircloth, Atty. Gen., Thomas E. Boyle, Asst. Atty. Gen., for appellee. PER CURIAM. Appellant was indicted, tried and convicted of manslaughter. From a judgment of conviction and sentence this appeal is brought. Appellant's sole...

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Hotel Roosevelt Co. v. City of Jacksonville, I-80-I-115 (1966)

192 So. 2d 334 (1966) HOTEL ROOSEVELT CO., Inc., Third-Party Plaintiff, Appellant, v. CITY OF JACKSONVILLE, a Municipal Corporation, Third-Party Defendant, Appellee. Nos. I-80-I-115. District Court of Appeal of Florida. First District. December 6, 1966. *335 John A. Rush and Arthur T. Boone, and Rogers, Towers, Bailey, Jones & Gay, Jacksonville, for appellant. Mathews, Osborne & Ehrlich, Jacksonville, for appellee, City of Jacksonville. Jack F. Wayman, Mark Hulsey, Jr., and Nathan Bedell,...

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Meigs v. Lear, I-61 (1966)

191 So. 2d 286 (1966) Helen Graham MEIGS, As Executrix of the Estate of Claude G. Meigs, Appellant, v. C.F. LEAR, Appellee. No. I-61. District Court of Appeal of Florida. First District. October 27, 1966. *287 Virginia Searcy Barr, Fort Walton Beach, and Gillis E. Powell, Crestview, for appellant. Campbell & Rice, Crestview, for appellee. CARROLL, DONALD K., Judge. The defendant in a suit to declare a constructive trust upon certain land has taken this interlocutory appeal from an order entered...

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Conroy v. Briley, H-94 (1966)

191 So. 2d 601 (1966) Frank CONROY, Ellen Conroy Kennedy and I. Beverly Nalle Incorporated, a Corporation, Appellants, v. Irene BRILEY, Appellee. No. H-94. District Court of Appeal of Florida. First District. November 8, 1966. Boyd, Jenerette & Leemis, Jacksonville, for appellants. John Paul Howard, and Bedell, Bedell, Dittmar & Smith, Jacksonville, for appellee. SACK, Judge. The defendants appeal from a final judgment against them in favor of appellee, who was injured in a fall down a portion...

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Stewart v. State, H-9 (1966)

187 So. 2d 358 (1966) Raymond Terrell STEWART, Appellant, v. The STATE of Florida, Appellee. No. H-9. District Court of Appeal of Florida. First District. June 14, 1966. *360 Howell, Dawson, Galant, Maddox & Sulik, Jacksonville, for appellant. Earl Faircloth, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee. CARROLL, DONALD K., Judge. The petitioner for a writ of certiorari seeks our review of an order entered by the Circuit Court for Duval County affirming a judgment of the...

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Robinson v. Speer, H-87 (1966)

185 So. 2d 730 (1966) Melvin A. ROBINSON and Dorothy Robinson, His Wife, and Daniel Melnick and Janice Melnick, His Wife, Appellants, v. Eugene M. SPEER and Myrtle E. Speer, His Wife, Appellees. No. H-87. District Court of Appeal of Florida. First District. April 14, 1966. Rehearing Denied May 19, 1966. Dean F. Cochran, Mount Vernon, N.Y., and Parker, Foster & Madigan, Tallahassee, for appellants. Giles, Hedrick, & Robinson, Orlando, Andrews, Kurth, Campbell & Jones, Leon M. Payne and Selby W....

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Aetna Insurance Company v. Jordan, H-85 (1966)

189 So. 2d 408 (1966) AETNA INSURANCE COMPANY, a Corporation, Appellant, v. John Franklin JORDAN and Lois C. Jordan, His Wife, Appellees. No. H-85. District Court of Appeal of Florida. First District. August 11, 1966. Rehearing Denied September 8, 1966. George A. McKendree, of Howell, Kirby, Montgomery, Sands & D'Aiuto, Jacksonville, for appellant. J.B. Hodges, Lake City, for appellees. WIGGINTON, Acting Chief Judge. Plaintiffs (appellees) brought this suit on an insurance policy issued to him...

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Randolph v. Neeley, H-70 (1966)

185 So. 2d 785 (1966) James H. RANDOLPH, Jr., et al., Appellants, v. John H. NEELEY, Appellee. No. H-70. District Court of Appeal of Florida. First District. April 28, 1966. Moore, Henderson, Buchanan & Moore, Tallahassee, for appellants. Ausley, Ausley, McMullen, O'Bryan, Michaels & McGehee, Tallahassee, for appellee. JOHNSON, Judge. Appeal from a final judgment in favor of the plaintiff-appellee herein for a real estate broker's commission against the appellants, who were the defendants below....

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ST. JOHNS RIVER TERMINAL COMPANY v. Vaden, H-56 (1966)

190 So. 2d 40 (1966) ST. JOHNS RIVER TERMINAL COMPANY, Inc., a Corporation, Appellant, v. Don G. Vaden, Appellee. No. H-56. District Court of Appeal of Florida. First District. August 25, 1966. Rehearing Denied October 4, 1966. *41 Marion R. Shepard, of Mathews, Osborne & Ehrlich, Jacksonville, for appellant. S. Perry Penland, and Hazard & Fernandez, Jacksonville, for appellee. WIGGINTON, Acting Chief Judge. This appeal by defendant is from a final judgment rendered upon a jury verdict in favor...

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Florida Peach Orchards, Inc. v. State, H-497 (1966)

190 So. 2d 796 (1966) FLORIDA PEACH ORCHARDS, INC., a Florida Corporation, Florida Peaches Corporation, a Florida Corporation, and Robert Lurie, Appellants, v. STATE of Florida, by Fred O. DICKINSON, Jr., Comptroller, Earl Faircloth, Attorney General, and Broward Williams, State Treasurer, As and Constituting the Florida Securities Commission, Appellee. No. H-497. District Court of Appeal of Florida. First District. October 4, 1966. Rehearing Denied October 25, 1966. Charles H. Murchison, James...

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Cole v. State, H-476 (1966)

193 So. 2d 47 (1966) Charlie William COLE, Appellant, v. The STATE of Florida, Appellee. No. H-476. District Court of Appeal of Florida. First District. December 8, 1966. Rehearing Denied January 12, 1967. T. Edward Austin, Jr., Public Defender, and Charles J. Franson, Asst. Public Defender, for appellant. Earl Faircloth, Atty. Gen., and T.T. Turnbull, Asst. Atty. Gen., for appellee. CARROLL, DONALD K., Judge. The appellant was convicted of the crime of manslaughter by the Criminal Court of...

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State Farm Mutual Insurance Company v. Vines, H-470 (1966)

193 So. 2d 180 (1966) STATE FARM MUTUAL INSURANCE COMPANY, a Corporation, Appellant, v. Charles Thomas VINES, Appellee. No. H-470. District Court of Appeal of Florida. First District. December 29, 1966. *181 Marion R. Shepard, of Mathews, Osborne & Ehrlich, Jacksonville, for appellant. Cox, Grissett & Webb, Jacksonville, for appellee. SACK, Judge. In March of 1963 Linda J. Spurgeon obtained a judgment against the appellee Vines, as a result of injuries sustained by her when struck by an...

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Houston v. Florida-Georgia Television Company, H-44 (1966)

192 So. 2d 540 (1966) Harla Mae HOUSTON, Individually, and Betty Lee Houston, a Minor, by Her Next Friend and Natural Guardian, Charla Mae Houston, Appellants, v. FLORIDA-GEORGIA TELEVISION COMPANY, Inc., a Florida Corporation, Appellee. No. H-44. District Court of Appeal of Florida. First District. December 8, 1966. *541 Victor E. Raymos, Jacksonville, for appellants. Rogers, Towers, Bailey, Jones & Gay, Jacksonville, for appellee. CARROLL, DONALD K., Judge. The plaintiffs in an action for...

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McDonough Const. Corp. v. Pan American Surety Co., H-418 (1966)

190 So. 2d 617 (1966) McDONOUGH CONSTRUCTION CORPORATION, and Frank P. Settecasi and Joseph R. Chillura, Doing Business As Settecasi and Chillura, a Partnership, Appellants, v. PAN AMERICAN SURETY COMPANY, a Florida Corporation Authorized to Transact an Insurance Business, and State of Florida, ex rel., J. Edwin Larson, State Treasurer and ex Officio Insurance Commissioner, Appellees. No. H-418. District Court of Appeal of Florida. First District. October 11, 1966. *618 Carlton, Fields, Ward,...

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Smith v. State, H-382 (1966)

194 So. 2d 310 (1966) Lawrence Lee SMITH and Sydney Richard Smith, Appellants, v. STATE of Florida, Appellee. No. H-382. District Court of Appeal of Florida. First District. December 6, 1966. Rehearing Denied February 17, 1967. *311 R.A. Green, Jr., Public Defender, and Eugene F. Shaw, Assistant Public Defender, for appellants. Earl Faircloth, Atty. Gen., and James G. Mahorner, Asst. Atty. Gen., for appellee. JOHNSON, Judge. The appellants were charged in the first count of the information with...

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Woody v. Burns, H-379 (1966)

188 So. 2d 56 (1966) Oscar WOODY, Jr., Appellant, v. Hon. Haydon BURNS, Governor, Hon. Tom Adams, Secretary of State, Hon. Earl Faircloth, Attorney General, Hon. Broward Williams, Treasurer, and Hon. Thomas D. Bailey, State Superintendent of Public Instruction, As and Constituting the State Board of Education of Florida, and the Board of Regents, a Corporation, Appellee. No. H-379. District Court of Appeal of Florida. First District. June 21, 1966. Rehearing Denied July 21, 1966. *57 Richard J....

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Gordon v. Gordon, H-369 (1966)

192 So. 2d 514 (1966) Harold R. GORDON, Appellant, v. Ramona Nanette GORDON, Appellee. No. H-369. District Court of Appeal of Florida. First District. December 6, 1966. *515 Alfred C. Scott, Jacksonville, for appellant. Lewis, Paul & Bennett, Jacksonville, for appellee. RAWLS, Chief Judge. The sole question on this appeal is whether the chancellor erred in this divorce action in awarding plaintiff wife permanent alimony. The plaintiff wife brought an action for alimony unconnected with divorce...

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Smith v. City of Tallahassee, H-288 (1966)

191 So. 2d 446 (1966) Vinny C. SMITH, R.B. Council, Jr., J.M. Council, Sr., Winifred Edholm, Elmina C. Palmer, R.W. Edholm and H.F. Council, Appellants, v. CITY OF TALLAHASSEE, a Municipal Corporation Created and Existing under the Laws of the State of Florida, Appellee. No. H-288. District Court of Appeal of Florida. First District. October 4, 1966. *447 H.O. Pemberton, of Keen, O'Kelley & Spitz, Tallahassee, for appellants. Roy T. Rhodes, City Atty., and Rivers Buford, Jr., Asst. City Atty.,...

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Kickliter v. National Union Fire Insurance Co., H-257 (1966)

188 So. 2d 872 (1966) A.R. KICKLITER, Jr., and Credit Bureau of Escambia County, Inc., a Corporation, Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY, a Corporation, and Mack Financial Corporation, a Corporation, Appellees. No. H-257. District Court of Appeal of Florida. First District. July 26, 1966. Rehearing denied August 23, 1966. *873 Frank C. Bozeman, of Harrell, Caro, Middlebrooks & Wiltshire, Pensacola, for appellants. Wallace W. Kennedy, of Beggs, Lane, Daniel, Gaines & Davis and...

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Carter v. Suggs, H-247 (1966)

190 So. 2d 784 (1966) W.N. CARTER, Jr., and His Wife, Sarah C. Carter, Appellants, v. J.V. SUGGS, Appellee. No. H-247. District Court of Appeal of Florida. First District. September 20, 1966. Rehearing Denied October 31, 1966. *785 Logue, Bennett & Williams, Panama City, for appellants. Robert B. Staats, and Barron & Hilton, Panama City, for appellee. WIGGINTON, Acting Chief Judge. Defendants have appealed a final decree in chancery awarding plaintiff an equitable lien against certain improved...

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