723 So. 2d 299 (1998) CITY OF MIAMI, Appellant, v. Jesus DEL RIO, Appellee. Nos. 98-987, 98-223 and 98-1885. District Court of Appeal of Florida, Third District. October 28, 1998. Rehearing Denied January 13, 1999. Alejandro Vilarello, City Attorney, and Myrna D. Bricker and Linda Rice Chapman, Assistant City Attorneys, for appellant. Robles & Gonzalez and Juan P. Bauta, II, Miami, for appellee. Before NESBITT, FLETCHER, and SORONDO, JJ. FLETCHER, J. The City of Miami [City] appeals a final...
713 So. 2d 1029 (1998) Steven D. LEWIS, Petitioner, v. STATE of Florida, Respondent. No. 98-961. District Court of Appeal of Florida, Fifth District. June 5, 1998. Rehearing Denied July 7, 1998. Steven D. Lewis, Crawfordville, pro se. Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer Meek, Assistant Attorney General, Daytona Beach, for Respondent. PETERSON, Judge. Steven D. Lewis seeks a belated appeal. Lewis states under oath that he had expressed a desire to appeal at...
725 So. 2d 1188 (1998) HELMSMAN MANAGEMENT SERVICES, Appellants, v. Teresa GARNER, Appellee. No. 98-961. District Court of Appeal of Florida, First District. December 28, 1998. Rehearing Denied February 15, 1999. Derrick E. Cox and W. Rogers Turner, Jr. of Hurley, Rogner, Miller, Cox & Waranch, P.A., Orlando, for Appellants. Bill McCabe, Longwood and O. John Alpizar, Palm Bay, for Appellee. VAN NORTWICK, J. Florida Power & Light and Helmsman Management Services (jointly the employer/carrier)...
712 So. 2d 1179 (1998) Juan AMADOR, Petitioner, v. The STATE of Florida, Respondent. No. 98-952. District Court of Appeal of Florida, Third District. June 17, 1998. *1180 Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Assistant Public Defender, for petitioner. Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, for respondent. Before JORGENSON, COPE and GREEN, JJ. PER CURIAM. Juan Amador petitions this court for a writ of habeas corpus. We...
711 So. 2d 213 (1998) Bette C. LYTLE, Appellant, v. Carlene ROSADO, Appellee. No. 98-951. District Court of Appeal of Florida, Third District. May 20, 1998. *214 Betsy E. Gallagher, Tampa, for appellant. Stephen A. Kandell, Miami, for appellee. Before GERSTEN, GODERICH and SORONDO, JJ. PER CURIAM. The petitioner in this case, Bette C. Lytle, seeks a writ of prohibition to review the denial of her motion for disqualification of the trial judge. Lytle is the defendant in an action brought by...
705 So. 2d 98 (1998) J.M., a Child, et al., Petitioners, v. STATE of Florida, Respondent. Nos. 98-94, 98-96, 98-97, 98-99 and 98-100. District Court of Appeal of Florida, Fifth District. January 14, 1998. James B. Gibson, Public Defender and James G. Whitehouse, Assistant Public Defender, Holly Hill, for Petitioner. Robert A. Butterworth, Attorney General, Tallahassee and Belle B. Turner, Assistant *99 Attorney General, Daytona Beach, for Respondent. W. SHARP, Judge. One issue is presented in...
719 So. 2d 1236 (1998) Karen Brown WILLIAMS, Monty Williams and F.H. Dicks, IV, Petitioners, v. Betty Lynn Brown SPEARS, Respondent. No. 98-926. District Court of Appeal of Florida, First District. October 7, 1998. Rehearing Denied November 5, 1998. *1237 Douglas W. Abruzzo, Gainesville, for Petitioners. Cynthia Stump Swanson, Gainesville, for Respondent. KAHN, Judge. Petitioners ask this court to exercise its common law certiorari jurisdiction and declare that section 752.01(1)(b), Florida...
721 So. 2d 402 (1998) PERRINE FOOD RETAILERS, INC., Appellant, v. ODYSSEY RE (LONDON) LIMITED, f/k/a Sphere Drake Insurance PLC, Appellee. No. 98-906. District Court of Appeal of Florida, Third District. November 18, 1998. *403 Eddy O. Marban, Miami, for appellant. O'Connor & Meyers, P.A. and David R. Cassetty, for appellee. Before COPE, GREEN and SORONDO, JJ. GREEN, Judge. Appellant, Perrine Food Retailers, Inc. ("Perrine Food") appeals a final summary judgment declaring that appellee, Odyssey...
721 So. 2d 358 (1998) WALTER LORENZ SURGICAL, INC., Appellant, v. Michael D. TEAGUE, an individual, Michael T. Greene, an individual, Jeffery E. Ashby, an individual, KLS-Martin, Inc., a foreign corporation, as general partner of KLS-Martin, L.P., a Delaware Limited Partnership, Karl A. Leibinger, an individual, and Karl Leibinger Medizintechnik.GmbH & Co., KG, a foreign corporation, Appellees. No. 98-900. District Court of Appeal of Florida, First District. October 23, 1998. Rehearing Denied...
718 So. 2d 936 (1998) Armando DANIEL, Julio Caesar Daniel and Marlen Daniel, Appellants, v. FLORIDA RESIDENTIAL PROPERTY AND CASUALTY JOINT UNDERWRITING ASSOCIATION and Guy Brickman Insurance Agency, Appellees. No. 98-9. District Court of Appeal of Florida, Third District. October 14, 1998. *937 Robert J. Levine and Allan S. Reiss, Miami, for appellants. James C. Kelley, Miami, for appellee Florida Residential Property and Casualty Joint Underwriting Association. Katz, Barron, Squitero, Faust &...
729 So. 2d 397 (1998) Franklin D. GREESON, Appellant, v. STATE of Florida, Appellee. No. 98-896. District Court of Appeal of Florida, First District. June 22, 1998. Appellant pro se. Robert A. Butterworth, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee. WEBSTER, Judge. Appellant seeks review of an order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court ruled correctly as to two...
717 So. 2d 572 (1998) BROWN & WILLIAMSON TOBACCO CORPORATION, as successor by merger to The American Tobacco Company, and Liggett Group, Inc., Appellants, v. Angela WIDDICK, as Personal Representative of the Estate of Roland Maddox, deceased, Appellee. No. 98-894. District Court of Appeal of Florida, First District. August 13, 1998. Rehearing Denied September 22, 1998. *573 Chadbourne & Parks LLP, New York; and J.W. Prichard, Jr. and Robert B. Parrish, of Moseley, Warren, Prichard & Parrish,...
719 So. 2d 918 (1998) Cynthia Bellis OCASIO, Appellant, v. Wanda McGLOTHIN, Appellee. No. 98-891. District Court of Appeal of Florida, Third District. July 29, 1998. Opinion Clarifying Decision October 28, 1998. Cain & Snihur, Miami, and Mary L. Cain, for appellant. Gary S. Gostel, Miami; Paul Fletcher, Coral Gables, for appellee. Before JORGENSON, LEVY and GREEN, JJ. PER CURIAM. The natural mother of a minor child appeals an order upholding the constitutionality of the grandparent visitation...
724 So. 2d 572 (1998) ABAMAR HOUSING AND DEVELOPMENT, INC., d/b/a "Abamar-BB," Federal Insurance Company, American Home Assurance Company and Balfour Beatty, Inc., Petitioners, v. LISA DALY LADY DECOR, INC. and Republic Western Insurance Company, Respondents. No. 98-888. District Court of Appeal of Florida, Third District. July 29, 1998. Rehearing Denied December 4, 1998. As Corrected on Denial of Rehearing December 4, 1998. *573 Moye, O'Brien, O'Rourke, Hogan & Pickert, P.A., and James E. Moye...
721 So. 2d 1259 (1998) C.E. DUPONT and Joyce Dupont, his wife, Appellants, v. Carl A. WHITESIDE and Leona Whiteside, his wife, Appellees. No. 98-874 District Court of Appeal of Florida, Fifth District. December 23, 1998. *1260 Ronald W. Brown of Dobson and Brown, P.A., St. Augustine, for Appellants. Lew Merryday, Palatka, for Appellees. COBB, Judge. C.E. Dupont and Joyce Dupont, his wife, plaintiffs below, appeal from an adverse final judgment granting an easement of necessity to Carl Whiteside...
707 So. 2d 434 (1998) J.B., a juvenile, Petitioner, v. Judy RAYFORD, Superintendent, Dade Juvenile Detention Center, Respondent. No. 98-872. District Court of Appeal of Florida, Third District. April 15, 1998. Bennett H. Brummer, Public Defender and Julie M. Levitt, Assistant Public Defender, for petitioner. Robert A. Butterworth, Attorney General and Sandra S. Jaggard, Assistant Attorney General, for respondent. Before SCHWARTZ, C.J., and GODERICH and SHEVIN, JJ. PER CURIAM. The state agrees...
734 So. 2d 1050 (1998) Mark SHERWOOD, Appellant, v. STATE of Florida, Appellee. No. 98-869. District Court of Appeal of Florida, First District. October 15, 1998. *1051 Pro se, for Appellant. Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant challenges the denial of his claims for post-conviction relief in two separate cases. We affirm in part, reverse in part and remand as set forth below. In Case No. 94-2249, appellant pled no contest to the crime...
712 So. 2d 457 (1998) CADCO BUILDERS, INC. and ITT Hartford, Appellants, v. Ethan ROBERTS, Appellee. No. 98-867. District Court of Appeal of Florida, First District. June 17, 1998. H. George Kagan, and Elliott B. Kula, Miller, Kagan, Rodriguez & Silver, West Palm Beach, for appellants. Bill McCabe, Shepherd, McCabe & Cooley, Longwood, for appellee. PER CURIAM. Ethan Roberts, claimant in workers' compensation proceedings below, sought permanent total disability and other benefits. The employer/...
712 So. 2d 778 (1998) Larry HENDRIX, Appellant, v. STATE of Florida, Appellee. No. 98-863. District Court of Appeal of Florida, Fifth District. June 5, 1998. Rehearing Denied July 14, 1998. Larry Hendrix, Polk City, pro se. No Appearance for Appellee. GRIFFIN, Chief Judge. We affirm the lower court's denial of the most recent rule 3.800(a) attack on Mr. Hendrix's sentence. This is the fourth Rule 3.800(a) motion, and the eleventh appeal to this court concerning his convictions and sentences in...
715 So. 2d 1126 (1998) Dario LABRADA and Maria Del Carmen Calero, his wife, Appellants, v. METROPOLITAN DADE COUNTY, etc., Appellee. No. 98-853. District Court of Appeal of Florida, Third District. August 19, 1998. *1127 Rodney D. Logan, Bambi G. Blum, Miami, for appellants. Merritt & Sikes and Martin E. Leach, Miami, for appellee. Before SCHWARTZ, C.J., FLETCHER, J., and ORFINGER, MELVIN, Senior Judge. PER CURIAM. Plaintiffs, Dario Labrada and Maria Del Carmen Calero, his wife, appeal from a...
