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District Court of Appeal of Florida

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March v. State, Case Nos. 82-1451, 82-1742 and 82-1743 (1984)

458 So. 2d 308 (1984) Willie Lee MARCH, Andrei Stephonne Kelly, and David Murphy, Appellants, v. STATE of Florida, Appellee. Case Nos. 82-1451, 82-1742 and 82-1743. District Court of Appeal of Florida, Fifth District. September 13, 1984. Rehearings Denied October 9 and November 2, 1984. *309 James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant March. J. William Masters, II, Orlando, for appellant Kelly. Charles A. Tabscott, Orlando,...

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State v. Guerra, Case No. 82-2328 (1984)

455 So. 2d 1046 (1984) The STATE of Florida, Appellant, v. Jesus Rafael GUERRA, Appellee. Case No. 82-2328. District Court of Appeal of Florida, Third District. March 13, 1984. On Motion for Rehearing September 4, 1984. Jim Smith, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., and Faith Mesnekoff, Legal Intern, for appellant. Bennett H. Brummer, Public Defender, and Rory S. Stein, Asst. Public Defender, for appellant. Before HENDRY, BASKIN and JORGENSON, JJ. On Motion for Rehearing En...

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First Natl. Bk v. Fla. Unemp. Appeals, BC-324 (1984)

461 So. 2d 208 (1984) FIRST NATIONAL BANK IN FORT MYERS, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND MARGARET Renz, Appellees. No. BC-324. District Court of Appeal of Florida, First District. December 17, 1984. Thomas A. Mickes and Robert L. Proost, of Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, Mo., for appellant. Geri Atkinson-Hazelton, Tallahassee, for Unemployment Appeals Comn. Margaret E. Renz pro se. ON MOTION TO DISMISS PER CURIAM. This cause comes before us on...

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Waite v. Wellington Boats, Inc., BC-142 (1984)

459 So. 2d 431 (1984) Robert S. WAITE, Petitioner, v. WELLINGTON BOATS, INC., Respondent. No. BC-142. District Court of Appeal of Florida, First District. November 16, 1984. *432 Robert S. Waite, for petitioner, in pro. per. C. Harris Dittmar and Timothy J. Corrigan, Jacksonville, for respondent. NIMMONS, Judge. This is a certiorari proceeding in which petitioner, Robert S. Waite (a defendant below), seeks review of an order of the trial court striking his "Amended Counterclaim and Additional...

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Arnold Lumber Company v. Harris, BA-98 (1984)

469 So. 2d 786 (1984) ARNOLD LUMBER COMPANY, Appellant, v. Verner E. HARRIS, Appellee. No. BA-98. District Court of Appeal of Florida, First District. December 17, 1984. Thomas J. Maida, of Karl, McConnaughhay, Roland & Maida, P.A., Tallahassee, for appellant. James F. McKenzie, Pensacola, for appellee. ON RENEWED MOTION TO REMAND FOR HEARING DE NOVO PER CURIAM. Appellant filed a notice of appeal from a final order of the deputy commissioner. Appellant then informed this court, by way of a...

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Glover v. State, BA-94 (1984)

469 So. 2d 771 (1984) Melvin GLOVER, Appellant, v. STATE of Florida, Appellee. No. BA-94. District Court of Appeal of Florida, First District. November 1, 1984. Rehearing Denied June 12, 1985. *772 Michael Allen, Public Defender, and Glenna Joyce Reeves, Asst. Public Defender, for appellant. Jim Smith, Atty. Gen. and Thomas H. Bateman, III, Asst. Atty. Gen., for appellee. NIMMONS, Judge. Glover appeals from the trial court's order denying his motion to withdraw his guilty plea in two grand...

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NORTH FLA. REGIONAL HOSP., INC. v. Douglas, BA-70 (1984)

454 So. 2d 759 (1984) NORTH FLORIDA REGIONAL HOSPITAL, INC., Also Known As North Florida Regional Hospital, and Parthenon Insurance Company, Petitioners, v. Nina Ann DOUGLAS and Ralph J. Douglas, Respondents. No. BA-70. District Court of Appeal of Florida, First District. August 23, 1984. *760 Marilyn R. McLean of Jones & Langdon, P.A., Gainesville, for petitioners. W. Roderick Bowdoin of Darby, Peele, Bowdoin, Manasco & Payne, Lake City, for respondents. MILLS, Judge. Nina and Ralph Douglas...

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Saunders v. State, BA-41 (1984)

459 So. 2d 1119 (1984) Robert SAUNDERS, Appellant, v. STATE of Florida, Appellee. No. BA-41. District Court of Appeal of Florida, First District. November 14, 1984. Michael E. Allen, Public Defender, Michael J. Minerva, Asst. Public Defender, for appellant. Jim Smith, Atty. Gen., Gregory G. Costas, Asst. Atty. Gen., for appellee. WENTWORTH, Judge. Appellant seeks review of sentences imposed, after a violation of probation, for two counts of burglary. We find that the *1120 court erred by...

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Runyon v. State, BA-315 (1984)

460 So. 2d 494 (1984) William RUNYON, Appellant, v. STATE of Florida, Appellee. No. BA-315. District Court of Appeal of Florida, First District. December 10, 1984. *495 William Runyon, pro se., for appellant. No appearance for appellee. SHIVERS, Judge. Appellant appeals the trial court's denial of his RCrP 3.850 motion for post-conviction relief. In his motion, appellant alleged that his conviction was obtained by a coerced plea and that he was denied effective assistance of counsel. The trial...

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Fibreboard Corp. v. Ward, BA-299 (1984)

455 So. 2d 1151 (1984) FIBREBOARD Corporation, Appellant, v. Charles E. WARD and Frances Ward, His Wife, Appellees. No. BA-299. District Court of Appeal of Florida, First District. September 19, 1984. Chester L. Skipper of Lyle & Skipper, St. Petersburg, for appellant. Wayne Hogan of Brown, Terrell, Hogan & Ellis, Jacksonville, for appellees. ON MOTION TO DISMISS PER CURIAM. Appellant, a defendant below, appeals from an order of the trial court denying its *1152 motion for summary judgment. The...

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DeMarco v. CAYMAN OVERSEAS REINSURANCE, BA-252 (1984)

460 So. 2d 547 (1984) David H. DeMARCO, Appellant, v. CAYMAN OVERSEAS REINSURANCE ASSOCIATION, LTD., Appellee. No. BA-252. District Court of Appeal of Florida, First District. December 13, 1984. *548 Martin J. Mickler and Michael C. Pendley of Bullock, Childs, Mickler & Cohen, Jacksonville, for appellant. Waddell A. Wallace, III of Smith & Hulsey, Jacksonville, for appellee. SHIVERS, Judge. By this interlocutory appeal, appellant seeks review of the order of the trial court denying his motion...

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Howard v. State, BA-250 (1984)

462 So. 2d 31 (1984) Tyrone Martinez HOWARD, Appellant, v. STATE of Florida, Appellee. No. BA-250. District Court of Appeal of Florida, First District. December 17, 1984. Rehearing Denied January 30, 1985. Tyrone Martinez Howard, pro se. No appearance for appellee. MILLS, Judge. Howard appeals from the summary denial of his Rule 3.850 motion for postconviction relief. We affirm. In his motion, Howard alleges numerous grounds, including ineffective assistance of counsel based on counsel's...

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INTERN. HARVESTER CO. v. Mann, BA-241 (1984)

460 So. 2d 580 (1984) INTERNATIONAL HARVESTER COMPANY, a Corporation, Paul L. Rice, Kenlaw and Mann International, Inc., a Corporation, Appellants, v. C. Rex MANN, Appellee. No. BA-241. District Court of Appeal of Florida, First District. December 19, 1984. *581 Alan C. Sundberg, Sylvia H. Walbolt and W. Douglas Hall of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, for appellants. Frank A. Baker, Marianna, for appellee. SHIVERS, Judge. Defendants/appellants appeal an order...

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Gause v. First Bank of Marianna, AZ-88 (1984)

457 So. 2d 582 (1984) Iris S. GAUSE, Appellant, v. FIRST BANK OF MARIANNA, Appellee. No. AZ-88. District Court of Appeal of Florida, First District. October 12, 1984. Rehearing Denied November 2, 1984. *583 Donald L. Tucker, P.A., Tallahassee, for appellant. Charles Wynn, Marianna and Thayer M. Marts, Tallahassee, for appellee. MILLS, Judge. This case is before the court on an appeal from entry of final summary judgment in favor of appellee First Bank of Marianna (Bank). We reverse and remand...

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Clegg v. Chipola Aviation, Inc., AZ-87 (1984)

458 So. 2d 1186 (1984) Wade CLEGG and Christine Clegg, Jointly and Severally, Appellants, v. CHIPOLA AVIATION, INC., Appellee. No. AZ-87. District Court of Appeal of Florida, First District. November 9, 1984. Michael J. Korn of Boyer, Tanzler & Boyer, Jacksonville, for appellants. *1187 George J. Little, Marianna, for appellee. MILLS, Judge. The Cleggs appeal a final judgment entered in favor of Chipola Aviation, Inc. (Chipola) on its claim for money owed pursuant to a contract between the...

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Lykes Bros., Inc. v. Jackson, AZ-6 (1984)

461 So. 2d 247 (1984) LYKES BROTHERS, INC., & Hartford Insurance Group, Appellants, v. Evelyn D. Jackson, Appellee. No. AZ-6. District Court of Appeal of Florida, First District. December 21, 1984. *248 Susan W. Fox and Richard Crooke, of MacFarlane, Ferguson, Allison & Kelly, Tampa, for appellant. Irvin A. Meyers and Sherry L. Davis, of Meyers & Mooney, Orlando, for appellee. WENTWORTH, Judge. Employer/carrier seek review of a workers' compensation order and assert that the deputy erred in...

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Randolph v. State, AZ-498 (1984)

458 So. 2d 64 (1984) Kim RANDOLPH, Appellant, v. STATE of Florida, Appellee. No. AZ-498. District Court of Appeal of Florida, First District. October 26, 1984. *65 Michael E. Allen, Public Defender and Michael J. Minerva, Asst. Public Defender, for appellant. Jim Smith, Atty. Gen., and Henri C. Cawthon, Asst. Atty. Gen., for appellee. NIMMONS, Judge. Randolph appeals her sentence which was imposed under the sentencing guidelines. She complains of the court's reliance upon the guidelines without...

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PHYSICIANS WEIGHT LOSS CENTERS. v. Payne, AZ-467 (1984)

461 So. 2d 977 (1984) PHYSICIANS WEIGHT LOSS CENTERS OF AMERICA, INC., Appellant, v. Nicki G. PAYNE, Appellee. No. AZ-467. District Court of Appeal of Florida, First District. December 14, 1984. Mitchell J. Frank, of Rogers, Dowling & Bos, Orlando, for appellant. B. Thomas Whitefield, of Ulmer, Murchison, Ashby, Taylor & Corrigan, Jacksonville, for appellee. WENTWORTH, Judge. By this petition for writ of certiorari the defendants below seek review of an order of the trial court which denied...

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Brown v. State, AZ-407 (1984)

460 So. 2d 546 (1984) Larry Donnell BROWN, Appellant, v. STATE of Florida, Appellee. No. AZ-407. District Court of Appeal of Florida, First District. December 13, 1984. Michael E. Allen, Public Defender; P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant. Jim Smith, Atty. Gen., Gregory G. Costas, Asst. Atty. Gen., Tallahassee, for appellee. SHIVERS, Judge. Defendant appeals a sentence for second degree murder with a firearm. We affirm. Defendant pled guilty to the above...

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Ellerbee v. Concorde Roofing Co., AZ-361 (1984)

461 So. 2d 206 (1984) Wisdom ELLERBEE, Appellant, v. CONCORDE ROOFING CO., and Fidelity Casualty Company of New York C/O Underwriters Adjusting Company, Appellees. No. AZ-361. District Court of Appeal of Florida, First District. December 14, 1984. *207 David L. Kahn of David L. Kahn, P.A., Fort Lauderdale, for appellant. David R. Mankin of Law Offices of Millard C. Glancy, Hollywood, for appellees. SHIVERS, Judge. The claimant in this workers' compensation case appeals the deputy commissioner's...

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