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District Court of Appeal of Florida

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Cohen v. DeYoung, 95-990 (1995)

655 So. 2d 1265 (1995) Jeffrey COHEN, M.D., et al., Petitioners, v. David DeYOUNG, etc., Respondent. No. 95-990. District Court of Appeal of Florida, Fifth District. June 2, 1995. *1266 D. Andrew DeBevoise and Tyler S. McClay, of Bobo, Spicer, Ciotoli, Fulford, Bocchino, DeBevoise & Le Clainche, P.A., Orlando, for petitioners. No appearance for respondent. W. SHARP, Judge. Jeffrey Cohen and Internal Medicine Specialist, P.A., petitioners, ask this court to issue a writ of certiorari to overturn...

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Metropolitan Dade County v. Vasquez, 95-981 (1995)

659 So. 2d 355 (1995) METROPOLITAN DADE COUNTY, Appellant, v. Lazaro VASQUEZ, Appellee. No. 95-981. District Court of Appeal of Florida, First District. June 20, 1995. Robert A. Ginsburg, Dade County Atty. and Gail Ash Dotson, Asst. County Atty., Miami, for appellant. Roberto Rigal, Jr., of Levine, Busch, Schnepper & Stein, Miami, for appellee. ON MOTION TO DISMISS PER CURIAM. Metropolitan Dade County seeks review of a final order of the Judge of Compensation Claims (JCC) entered and mailed to...

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Department of Highway Safety v. Dean, 95-975 (1995)

662 So. 2d 371 (1995) DEPARTMENT OF HIGHWAY SAFETY, etc., Petitioner, v. Michael DEAN, Respondent. No. 95-975. District Court of Appeal of Florida, Fifth District. September 22, 1995. Rehearing Denied November 2, 1995. *372 Enoch J. Whitney, General Counsel, Kim Feigin and Jill Tavlin Swartz, Assistant General Counsels, Miami, for petitioner. Flem K. Whited, III, and Barbara C. Davis, Daytona Beach, for respondent. GRIFFIN, Judge. The state seeks certiorari review of a decision of the lower...

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Vann v. State, 95-974 (1995)

666 So. 2d 176 (1995) Dennis VANN, Appellant, v. STATE of Florida, Appellee. No. 95-974. District Court of Appeal of Florida, Fifth District. December 8, 1995. Rehearing Denied January 18, 1996. James B. Gibson, Public Defender, and Dan D. Hallenberg, Assistant Public Defender, Daytona Beach, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Robin Compton Jones, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. This case is directly on point with...

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Leone v. State, 95-965 (1995)

657 So. 2d 26 (1995) Richard LEONE, Petitioner, v. STATE of Florida, Respondent. No. 95-965. District Court of Appeal of Florida, Fifth District. June 9, 1995. Rehearing Denied July 21, 1995. *27 Richard Leone, Raiford, pro se. No appearance for respondent. W. SHARP, Judge. We deny Leone's petition for writ of habeas corpus. This petition is an abuse of process. Leone has filed three prior appeals pursuant to Florida Rule of Criminal Procedure 3.850, [1] one previous petition for writ of error...

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Nelson v. Womble, 95-964 (1995)

657 So. 2d 1221 (1995) Judith O. NELSON and Daniel H. Nelson, Petitioners, v. Wendy W. WOMBLE and Russell G. Womble, Respondents. No. 95-964. District Court of Appeal of Florida, Fifth District. June 30, 1995. Rehearing Denied July 26, 1995. John Ward Smith of Roth, Edwards & Smith, P.A., Orlando, for petitioners. W. Marvin Hardy and Steven H. Preston of Gurney & Handley, P.A., Orlando, for respondents. *1222 DAUKSCH, Judge. This case is before the court to review by certiorari the denial of...

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Davis v. State, 95-962 (1995)

654 So. 2d 667 (1995) Donald Gene DAVIS, Appellant, v. STATE of Florida, Appellee. No. 95-962. District Court of Appeal of Florida, Fifth District. May 12, 1995. Donald Gene Davis, Sneads, pro se. No appearance for appellee. PER CURIAM. AFFIRMED. The trial court's summary denial of Donald Gene Davis' 3.850 [1] motion for post-conviction relief was correct. The motion was untimely because it was filed more than two years after the judgment and sentence became final. See Bundy v. State, *668 538...

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Jakobi v. Kings Creek Village Townhouse Ass'n, 95-957 (1995)

665 So. 2d 325 (1995) William JAKOBI, Appellant, v. KINGS CREEK VILLAGE TOWNHOUSE ASSOCIATION, INC., Appellee. No. 95-957. District Court of Appeal of Florida, Third District. December 20, 1995. *326 Stephen E. Tunstall, Coral Gables, for appellant. Marc A. Kuperman, Coral Gables; Edward J. Shack, Miami, for appellee. Before NESBITT, JORGENSON and GERSTEN, JJ. JORGENSON, Judge. William Jakobi, a townhouse unit owner, appeals the denial of his motion for attorney's fees under Florida Statutes...

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Beverly Hills v. George Wimpey of Fla., Inc., 95-940 (1995)

661 So. 2d 969 (1995) BEVERLY HILLS DEVELOPMENT CORPORATION, et al., Appellant, v. GEORGE WIMPEY OF FLORIDA, INC., etc., Appellee. No. 95-940. District Court of Appeal of Florida, Fifth District. October 27, 1995. *970 Stephen W. Johnson and John R. Reid, Jr., of McLin, Burnsed, Morrison, Johnson & Robuck, P.A., Leesburg, for Appellant. Laura L. Jacobs and Howard S. Marks, of Graham, Clark, Jones, Pratt & Marks, Winter Park, for Appellee. W. SHARP, Judge. Beverly Hills Development Corporation (...

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Guzzetta v. Hamrick, 95-935 (1995)

656 So. 2d 1327 (1995) Michael GUZZETTA and James Gibson, Etc., Petitioners/Appellants, v. Hon. Pope HAMRICK, Jr., County Court, Etc., et al., Respondents/Appellees. No. 95-935. District Court of Appeal of Florida, Fifth District. June 9, 1995. Rehearing Denied July 19, 1995. James B. Gibson, Public Defender, and Joseph A. Palmer, Asst. Public Defender, DeLand, for petitioners/appellants. No Appearance for respondents/appellees. COBB, Judge. An order of the circuit court ruling on a petition...

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BD. OF COUNTY COM'RS. OF DADE v. Wood, 95-923, 95-801 (1995)

662 So. 2d 417 (1995) BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida, Defendant/Appellant, and Lakes By The Bay Community Council, a voluntary association, Intervenor-Defendant/Appellant, v. Calvin F. WOOD, Appellee. Nos. 95-923, 95-801. District Court of Appeal of Florida, Third District. November 8, 1995. *418 Robert A. Ginsburg, Dade County Attorney, and Craig H. Coller, Assistant County Attorney, for appellant, Board of County...

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De Soto v. Guardianship of De Soto, 95-922 (1995)

664 So. 2d 66 (1995) Mercedes DE SOTO, Appellant, v. GUARDIANSHIP OF Antonio DE SOTO and Guardianship of Martha De Soto, Appellees. No. 95-922. District Court of Appeal of Florida, Third District. December 13, 1995. *67 Tew & Beasley and Joseph A. DeMaria, Humberto H. Ocariz, and Sheri B. Ross, Miami, for appellant. J. James Donnellan, III, Miami, for appellees. Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ. PER CURIAM. Mercedes De Soto appeals from a final order of the probate court...

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Jordan v. State, 95-90 (1995)

664 So. 2d 272 (1995) Michael A. JORDAN, Appellant, v. STATE of Florida, Appellee. No. 95-90. District Court of Appeal of Florida, Fifth District. November 3, 1995. Rehearing Denied December 15, 1995. James B. Gibson, Public Defender, and Sean K. Ahmed, Assistant Public Defender, Daytona Beach, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee. THOMPSON, Judge. Michael A. Jordan appeals his...

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Fortune Ins. Co. v. Department of Ins., 95-9 (1995)

664 So. 2d 312 (1995) FORTUNE INSURANCE COMPANY, Appellant, v. DEPARTMENT OF INSURANCE, Appellee. No. 95-9. District Court of Appeal of Florida, First District. December 8, 1995. *313 Harold H. Catlin and Holly J. McCorkle of Saalfied, Catlin & Coulson, P.A., Jacksonville, for Appellant. James B. Redner, Department of Insurance, Tallahassee, for Appellee. SMITH, Senior Judge. Fortune Insurance Company (hereafter "Fortune") appeals from a final order of the Department of Insurance (hereafter "...

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Robinson v. State, 95-899 (1995)

654 So. 2d 1302 (1995) Henry ROBINSON, Appellant, v. STATE of Florida, Appellee. No. 95-899. District Court of Appeal of Florida, Fifth District. June 2, 1995. *1303 Henry Robinson, Daytona Beach, pro se. No appearance for appellee. W. SHARP, Judge. Robinson appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) to correct an illegal sentence. For several reasons, we affirm. In 1990, Robinson was convicted of robbery with a firearm after...

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Steele v. Davis, 95-884 (1995)

667 So. 2d 264 (1995) Robert L. STEELE, M.D., and Robert L. Steele, M.D., P.A., Petitioners, v. Cecil L. DAVIS, Jr., as Guardian ad litem, for and on Behalf of Anna Nicole Carlson, a minor, Respondent. No. 95-884. District Court of Appeal of Florida, First District. August 31, 1995. Richard B. Collins, Rogelio J. Fontela and Jeffery M. Scott of Collins, Shipman & Lucas, P.A., Tallahassee, for petitioners. Scott E. Gwartney of Connor & Associates, Tallahassee, for respondent. PER CURIAM....

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Mears v. Sports Information Enterprises Limited, Inc., 95-88 (1995)

664 So. 2d 8 (1995) Betty S. MEARS, Appellant, v. SPORTS INFORMATION ENTERPRISES LIMITED, INC., et al., Appellees. No. 95-88. District Court of Appeal of Florida, Third District. September 27, 1995. Robin L. Kozin, Miami, for appellant. John D. Maher, Tallahassee, for appellee. Before NESBITT, BASKIN and JORGENSON, JJ. PER CURIAM. The claimant appeals an adverse order of the Unemployment Appeals Commission denying her benefits. She claims that an appeals referee ignored competent and...

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Coogan v. Coogan, 95-87 (1995)

662 So. 2d 1380 (1995) James William COOGAN II, Appellant, v. Polly O'Brien COOGAN, Appellee. No. 95-87. District Court of Appeal of Florida, First District. November 27, 1995. *1381 Gordon Edward Welch, Pensacola, for appellant. Laura E. Keene of Berosest & Keene, Pensacola, for appellee. PER CURIAM. The former husband challenges an order finding him to be in civil contempt, and sentencing him to six months in jail as well as setting a purge amount of $11,870. We find that the portion of the...

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Brock v. Brock, 95-858 (1995)

667 So. 2d 310 (1995) Conway BROCK, Jr., Appellant, v. Newman D. BROCK, Appellee. No. 95-858. District Court of Appeal of Florida, First District. September 27, 1995. Robert W. Goldman of Goodman, Breen, Lile & Goldman, Naples, for Appellant. James P. Judkins of Kitchen, Judkins, Simpson & High, Tallahassee, for Appellee. JOANOS, Judge. In this appeal from a non-final order unfreezing assets, Conway Brock, Jr., appellant, seeks review of four issues: (1) the subject matter jurisdiction of the...

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CDB v. State, 95-850 (1995)

662 So. 2d 738 (1995) C.D.B., a child, Appellant, v. STATE OF FLORIDA, APPELLEE. No. 95-850. District Court of Appeal of Florida, First District. November 3, 1995. *739 Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant. Robert A. Butterworth, Attorney General; Richard Parker, Assistant Attorney General, Tallahassee, for Appellee. *740 BENTON, Judge. C.D.B. was adjudicated delinquent for loitering or prowling, in violation of section...

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