813 So. 2d 167 (2002) COCA-COLA BOTTLING COMPANY, et al., Appellant/Cross-Appellees, v. Linda HAGAN and Dobie Hagan, et al., Appellee/Cross-Appellants. No. 5D98-1463. District Court of Appeal of Florida, Fifth District. March 15, 2002. Rehearing Denied April 19, 2002. *168 Raoul G. Cantero, III, Gregory A. Victor, and Jeffrey W. Blacher, of Adorno & Zeder, P.A., Miami, for Appellants/Cross-Appellees. Russell S. Bohn, of Caruso, Burlington, Bohn Compiani, P.A., West Palm Beach, and Gary,...
828 So. 2d 470 (2002) Tina Irene BINI, Appellant, v. Bruno Carlos BINI, Appellee. No. 5D02-958. District Court of Appeal of Florida, Fifth District. October 18, 2002. *471 Billy Thomas, West Melbourne, for Appellant. Rachel R. Bachand, of Rachel R. Bachand, P.A., Cocoa, for Appellee. PLEUS, J. This is a post-dissolution child custody dispute wherein the mother, the primary custodial parent, moved with the children to the state of New Mexico without obtaining an adjudication regarding a...
832 So. 2d 239 (2002) Shederian DAVIS, Appellant, v. STATE of Florida, Appellee. No. 5D02-931. District Court of Appeal of Florida, Fifth District. December 6, 2002. James B. Gibson, Public Defender, and Jane C. Almy-Loewinger, Assistant Public Defender, Daytona Beach, for Appellant. Richard E. Doran, Attorney General, Tallahassee, and Patrick W. Krechowski, Assistant Attorney General, Daytona Beach, for Appellee. PLEUS, J. The issue in this appeal is whether the appellant, Shederian Davis, was...
833 So. 2d 230 (2002) BOARD OF TRUSTEES OF the ORLANDO POLICE PENSION PLAN, et al., Appellants, v. Sue Carroll LANGFORD, et al., Appellees. No. 5D02-91. District Court of Appeal of Florida, Fifth District. December 20, 2002. *231 James B. Loper, Tampa, for Appellants. Charles R. Trulock, Jr., Orlando, for Appellees. PER CURIAM. The Board of Trustees of the Orlando Police Pension Plan ("The Board") and G. Michael Miller, Plan Administrator of the City of Orlando Police Pension Plan, appeal from...
831 So. 2d 724 (2002) Dale POWERS, Appellant, v. Tami POWERS, Appellee. No. 5D02-898. District Court of Appeal of Florida, Fifth District. November 8, 2002. Rehearing Denied December 10, 2002. Dale Powers, Kissimmee, Pro Se. No Appearance for Appellee. ORFINGER, R. B., J. Dale Powers appeals an order denying his motion to modify the temporary alimony awarded to Tami Powers, his wife. We affirm. Mr. Powers filed a petition for dissolution of marriage in November, 1999. Mrs. Powers counter-...
833 So. 2d 275 (2002) Marques Mandred HAYDEN, Appellant, v. STATE of Florida, Appellee. No. 5D02-879. District Court of Appeal of Florida, Fifth District. December 27, 2002. *276 Paula C. Coffman, Orlando, for Appellant. Richard E. Doran, Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee. ORFINGER, R. B., J. Following a restaurant robbery in December, 2000, Marques Hayden was arrested and charged by information with the offense of robbery...
832 So. 2d 247 (2002) William J. CARTER, Appellant, v. STATE of Florida, Appellee. No. 5D02-872. District Court of Appeal of Florida, Fifth District. December 6, 2002. William J. Carter, Crawfordville, pro se. No Appearance for Appellee. THOMPSON, C.J. William J. Carter appeals the denial of his Rule 3.800(a) motion to correct an illegal sentence. Carter asserts that he is entitled to relief under Heggs v. State, 759 So. 2d 620 (Fla.2000). We affirm because Carter's motion is successive, and...
834 So. 2d 298 (2002) DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. J.H.K., III, Father of O.K., a child, Appellee. No. 5D02-858. District Court of Appeal of Florida, Fifth District. December 27, 2002. Charles D. Peters, Orlando, for Appellant. Ryan Thomas Truskoski of Ryan Thomas Truskoski, P.A., Orlando, for Appellant. SHARP, W., J. The Department of Children and Family Services appeals from an order dismissing its petition to terminate the parental rights of J.H.K. to his daughter O.L.K....
817 So. 2d 1067 (2002) Clifford J. EHOUSE, Appellant, v. STATE of Florida, Appellee. No. 5D02-85. District Court of Appeal of Florida, Fifth District. June 7, 2002. Clifford J. Ehouse, Sanderson, pro se. No Appearance for Appellee. PLEUS, J. This is an appeal of a denial of a motion to withdraw a plea subsequent to sentencing. The trial court found the motion was untimely because the motion was not made within 30 days after rendition of the sentence. Fla. R.Crim. P. 3.170( l ). The appellant...
820 So. 2d 415 (2002) Daniel HALILI, M.D., Petitioner, v. RADIATION ONCOLOGY CONSULTANTS, P.A., et al., Respondent. No. 5D02-849. District Court of Appeal of Florida, Fifth District. June 28, 2002. Brian D. Stokes of Unger, Acree, Weinstein, Marcus, Merrill, Kast & Metz, P.L., Orlando, for Petitioner. David T. Tirella of Cohen, Jayson & Foster, P.A., Tampa, for Respondent. SHARP, W., J. Petitioner, Daniel Halili, M.D., ("Halili") seeks certiorari review of three orders rendered by the trial...
816 So. 2d 1254 (2002) John McKOWEN, Appellant, v. STATE of Florida, Appellee. No. 5D02-711. District Court of Appeal of Florida, Fifth District. May 31, 2002. *1255 John McKowen, Sneads, pro se. No Appearance for Appellee. PALMER, J. John McKowen, (defendant) appeals the summary denial of his motion to correct illegal sentence filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure. The defendant was tried and convicted of committing the crime of attempted second degree...
831 So. 2d 1288 (2002) S.J., A Child, Appellant, v. STATE of Florida, Appellee. No. 5D02-697. District Court of Appeal of Florida, Fifth District. December 20, 2002. James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant. *1289 Richard E. Doran, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. S.J., a child, was charged with battery upon a law enforcement officer....
831 So. 2d 1284 (2002) Dale J. SCHRIEFER, Appellant, v. Robert J. SCHRIEFER, Appellee. No. 5D02-676. District Court of Appeal of Florida, Fifth District. December 20, 2002. *1285 Charles P. Vaughn, Inverness, for Appellant. No Appearance for Appellee. Prior report: 800 So. 2d 699 . SHARP, W., J. Dale Schriefer (the former wife) appeals from an Amended Final Judgment of Dissolution. [1] She argues that the trial court erred in making an unequal distribution of the parties' marital assets, in...
836 So. 2d 1031 (2002) CDI CONTRACTORS, LLC., et al., Appellants, v. ALLBRITE ELECTRICAL CONTRACTORS, INC., Appellee. No. 5D02-627. District Court of Appeal of Florida, Fifth District. December 27, 2002. Rehearing Denied January 31, 2003. *1032 Kevin P. Kelly of Gray, Harris & Robinson, P.A., Orlando, for Appellants. James C. Baker, Jr. of Friday, Eldredge & Clark, Little Rock, for Appellants pro hac vice. Paul M. Woodson of Adorno & Yoss, Fort Lauderdale, for Appellee. SHARP, W., J. CDI...
833 So. 2d 271 (2002) Colleen L. McGHEE, Appellant, v. STERLING CASINO LINES, L.P., Appellee. No. 5D02-608. District Court of Appeal of Florida, Fifth District. December 27, 2002. *272 Thomas H. Yardley, Cocoa, for Appellant. Patty Spivey of Hayden and Milliken, P.A., Cape Canaveral, for Appellee. COBB, J. Colleen McGhee, plaintiff below, appeals from an adverse final judgment entered pursuant to the entry of summary judgment for the defendant, Sterling Casino Lines, L.P. (Sterling). Sterling's...
832 So. 2d 242 (2002) S.M., Mother of A.M., A Child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee. No. 5D02-587. District Court of Appeal of Florida, Fifth District. December 6, 2002. Ryan Thomas Truskoski of Ryan Thomas Truskoski, P.A., Orlando, for Appellant. Charles D. Peters, Orlando, for Appellee. THOMPSON, C.J. S.M. ("the mother") appeals an order adjudicating her child, A.M. dependent. We affirm. The father, who did not live with the mother, had custody of A.M. On 26...
832 So. 2d 233 (2002) SYMBOL MATTRESS OF FLORIDA, INC., Appellant, v. ROYAL SLEEP PRODUCTS, INC., Appellee. No. 5D02-552. District Court of Appeal of Florida, Fifth District. December 6, 2002. *234 William W. Deem and Michael Cavendish, of McGuire Woods LLP, Jacksonville, for Appellant. Sabrina Weiss Robinson of Adorno & Zeder, P.A., Miami, for Appellee. PALMER, J. Symbol Mattress of Florida, Inc. appeals the non-final order entered by the trial court granting Royal Sleep Products' motion to...
820 So. 2d 444 (2002) Juan ITTURALDES, Petitioner, v. The Honorable Lydia GARDNER, Circuit Court Clerk, etc., Respondent. No. 5D02-547. District Court of Appeal of Florida, Fifth District. July 5, 2002. Juan Itturaldes, Crawfordville, pro se. No Appearance for Respondent. SHARP, W., J. Itturaldes, who is presently incarcerated in a Florida prison, petitions this court to obtain a writ of mandamus directed to Lydia Gardner, Clerk of the Ninth Circuit Court, to obtain access to public records...
826 So. 2d 488 (2002) Derrick ELLIS, Appellant, v. STATE of Florida, Appellee. No. 5D02-533. District Court of Appeal of Florida, Fifth District. September 20, 2002. *489 Derrick Ellis, Bushnell, Pro Se. Robert A. Butterworth, Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee. ORFINGER, R. B., J. Derrick Ellis appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Ellis was tried and...
810 So. 2d 1093 (2002) Rudolph HARRIS, Appellant, v. STATE of Florida, Appellee. No. 5D02-529. District Court of Appeal of Florida, Fifth District. March 22, 2002. *1094 Rudolph Harris, Lawtey, pro se. No Appearance for Appellee. PER CURIAM. Pursuant to a negotiated plea, Rudolph Harris was convicted of the lesser-included offense of possession of cocaine and received a four year sentence. In his Rule 3.850 [1] motion, he alleges the existence of several errors in his scoresheet. The trial...
