864 So. 2d 11 (2003) FLORIDA DEPARTMENT OF TRANSPORTATION, Appellant, v. Angelo JULIANO, Appellee. No. 98-267. District Court of Appeal of Florida, Third District. September 10, 2003. *12 Vernis & Bowling of the Florida Keys, P.A. and Dirk M. Smits, for appellant. Keyfetz, Asnis & Srebnick, P.A. and L. Barry Keyfetz, and Bradley D. Asnis, Miami, for appellee. Before COPE, LEVY and GREEN, JJ. ON MOTION FOR REHEARING GREEN, J. We deny the motion for rehearing, but withdraw our opinion dated...
855 So. 2d 169 (2003) Marvin I. HOROWITZ and Horowitz & Gudeman, P.C., Appellants, v. Edward LASKE & Ruth E. Laske, etc., Appellees. No. 5D98-1944. District Court of Appeal of Florida, Fifth District. August 29, 2003. Rehearing Denied October 2, 2003. *171 Philip D. Parrish of Stephens, Lynn, Klein & McNicholas, P.A., Miami, for Appellants. Marvin I. Horowitz, Farmington Hills, pro se. Robert E. Austin, Jr. and Bradford D. Fisher of Austin & Pepperman, P.A., Leesburg, for Appellees. THOMPSON, J....
859 So. 2d 1244 (2003) Calvin D. COLLINS, Appellant, v. STATE of Florida, Appellee. No. 5D03-943. District Court of Appeal of Florida, Fifth District. November 14, 2003. Calvin D. Collins, Jesup, GA, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee. *1245 SAWAYA, C.J. Calvin Collins, an inmate in a Georgia correctional facility, is a prolific filer of inappropriate motions for postconviction relief....
858 So. 2d 1192 (2003) Lois TENNY, Appellant, v. Richard ALLEN, etc., Appellee. No. 5D03-93. District Court of Appeal of Florida, Fifth District. November 7, 2003. *1193 Christopher C. Coleman and Bradley R. Killinger, of Cameron, Hodges, Coleman, LaPointe & Wright, P.A., Ocala, for Appellant. Charles D. Tucker of Charles D. Tucker, P.A., Ocala, for Appellee. SHARP, W., J. Lois Tenny, the defendant in this personal injury action, appeals from the trial court's order which set aside the part of...
846 So. 2d 1220 (2003) Bruce WILSON, Appellant, v. STATE of Florida, Appellee. No. 5D03-928. District Court of Appeal of Florida, Fifth District. June 6, 2003. Bruce Wilson, Chipley, Pro Se. No appearance for Appellee. PER CURIAM. Bruce Wilson appeals the denial of his motion to mitigate sentence, pursuant to Rule 3.800(c). For the reasons stated below, we dismiss the appeal. After being sentenced to a prison term followed by probation for having committed the crimes of false imprisonment,...
845 So. 2d 1007 (2003) Kenya L. PROCTOR, Appellant, v. STATE of Florida, Appellee. No. 5D03-907. District Court of Appeal of Florida, Fifth District. May 23, 2003. Kenya L. Proctor, Punta Gorda, pro se. *1008 No Appearance for Appellee. SHARP, W., J. Proctor seeks to appeal from an order denying his motion filed pursuant to Rule 3.850(a) challenging his 1995 criminal convictions. However, it appears untimely. In response to this court's show cause order as to why this appeal should not be...
862 So. 2d 68 (2003) Edwin TORO, Appellant, v. STATE of Florida, Appellee. No. 5D03-902. District Court of Appeal of Florida, Fifth District. November 7, 2003. Rehearing Denied January 9, 2004. *69 Brett McIntosh of Sypula McIntosh, Sarasota, for Appellant. Edwin Toro, Bushnell, Pro Se. No appearance for Appellee. MONACO, J. In 1993, Edwin Toro was convicted of three counts of sexual battery, 28 counts of sexual activity with a child, and one count of battery. He was acquitted for four other...
851 So. 2d 234 (2003) NORTHPORT HEALTH SERVICES, etc., Appellant, v. ESTATE OF Vervil M. RAIDOJA, etc., Appellee. No. 5D03-898. District Court of Appeal of Florida, Fifth District. July 25, 2003. Dale R. Sisco of Dale R. Sisco, P.A., Tampa, for Appellant. William R. Daniel of Morgan, Colling & Gilbert, P.A., Tampa, for Appellee. PLEUS, J. In this nursing home abuse case, we affirm an order denying the nursing home's motion to abate and to compel arbitration. After the decedent's estate filed...
844 So. 2d 816 (2003) Matthew J. McKEE, Appellant, v. STATE of Florida, Appellee. No. 5D03-89. District Court of Appeal of Florida, Fifth District. May 16, 2003. Robert Michael Edge, Esq. of Law Office of Robert Edge, P.A, Kissimmee, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. THOMPSON, C.J. Matthew J. McKee appeals the trial court's order summarily denying part of the relief requested in...
847 So. 2d 1038 (2003) Kenny JACKSON, Appellant, v. STATE of Florida, Appellee. No. 5D03-881. District Court of Appeal of Florida, Fifth District. May 16, 2003. Rehearing Denied June 26, 2003. *1039 Kenny Jackson, Lowell, pro se. No Appearance, for Appellee. THOMPSON, C.J. Kenny Jackson appeals the summary denial of his Rule 3.800(a) motion to correct sentence. We affirm. Jackson was convicted of trafficking in cocaine and was sentenced to five years' imprisonment. The court imposed a three-...
853 So. 2d 540 (2003) Beverly GRUBER, Petitioner, v. CAREMARK, INC., Respondent. No. 5D03-866. District Court of Appeal of Florida, Fifth District. August 29, 2003. Bill McCabe of Shepherd, McCabe & Cooley, Longwood, for Petitioner. Mark A. Faris of Hinshaw & Culbertson Ft. Lauderdale, for Respondent. ORFINGER, J. Beverly Gruber seeks certiorari review of an order staying the enforcement of an order entered by a Judge of Compensation Claims (JCC) in her worker's compensation *541 proceeding....
861 So. 2d 511 (2003) Wilson J. VIGLIONE, Appellant, v. STATE of Florida, Appellee. No. 5D03-81. District Court of Appeal of Florida, Fifth District. December 12, 2003. George S. Pappas of Pappas, Russell & Pepe, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee. SHARP, W., J. Viglione appeals from his judgment and sentences for kidnaping, false imprisonment, sexual battery and...
849 So. 2d 410 (2003) Robert KIRCHGESSNER and Janette Kirchgessner, Appellant, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Appellee. No. 5D03-775. District Court of Appeal of Florida, Fifth District. July 8, 2003. Robert W. and Janette L. Kirchgessner, Orlando, Pro Se. Wesley R. Parsons and Jack R. Reiter of Adorno & Yoss, P.A., Miami, for Appellee. PER CURIAM. Robert and Janette Kirchgessner appeal a final order issued by the Florida Department of Agriculture and Consumer...
845 So. 2d 1008 (2003) James ASHLEY, Appellant, v. STATE of Florida, Appellee. No. 5D03-696. District Court of Appeal of Florida, Fifth District. May 23, 2003. *1009 James Ashley, Lowell, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. SHARP, W., J. Ashley filed a notice of appeal from the trial court's summary denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal...
842 So. 2d 301 (2003) Michael James PERRY, Petitioner, v. STATE of Florida, Respondent. No. 5D03-683. District Court of Appeal of Florida, Fifth District. April 17, 2003. *302 Douglas L. Kirkland of Douglas L. Kirkland, P.A., Ocala, for Petitioner. Charles J. Crist, Jr., Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Respondent. SHARP, W., J. Michael James Perry seeks a writ of habeas corpus after his bail was revoked. We agree with the trial...
855 So. 2d 189 (2003) HARTFORD INSURANCE COMPANY OF THE MIDWEST, Petitioner, v. Dorothy O'CONNOR, Respondent. No. 5D03-657. District Court of Appeal of Florida, Fifth District. September 12, 2003. *190 Richard A. Sherman, Sr., of the Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, and James D. Fuller of Pine & Bergier, Maitland, for Petitioner. Roy D. Wasson, Miami and David J. Gorewitz, Melbourne, for Respondent. PALMER, J. Hartford Insurance Company has filed a petition seeking...
844 So. 2d 694 (2003) DEPARTMENT OF CHILDREN AND FAMILIES, Petitioner, v. Jehoshaphat MITCHELL, Respondent. No. 5D03-652. District Court of Appeal of Florida, Fifth District. April 25, 2003. John Raymaker, Tallahassee, for Petitioner. *695 James Russo, Public Defender, and Blaise Trettis, Assistant Public Defender, Viera, for Respondent. MONACO, J. The petitioner, Department of Children and Families ("DCF"), sought a writ of prohibition to address the trial court's order directing DCF to...
847 So. 2d 599 (2003) Jerail Leron LAW, Appellant, v. STATE of Florida, Appellee. No. 5D03-630. District Court of Appeal of Florida, Fifth District. June 20, 2003. *600 Jerail Leron Law, Avon Park, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee. THOMPSON, C.J. Jerail Leron Law appeals the summary denial of his rule 3.850 motion. Four of Law's claims of ineffective assistance of counsel were properly...
840 So. 2d 438 (2003) Willie A. STEWART, Appellant, v. STATE of Florida, Appellee. No. 5D03-576. District Court of Appeal of Florida, Fifth District. March 21, 2003. Willie A. Stewart, Milton, Pro Se. No Appearance for Appellee. ORFINGER, J. Willie A. Stewart appeals the denial of his motion for postconviction DNA testing filed pursuant to section 925.11(1)(a), Florida Statutes (2002), and Florida Rule of Criminal Procedure 3.853. Stewart pled nolo contendere to sexual battery. He now maintains...
853 So. 2d 526 (2003) Edward SUPINSKI, M.D., Appellant, v. OMNI HEALTHCARE, P.A., Appellee. Nos. 5D03-563, 5D03-720. District Court of Appeal of Florida, Fifth District. August 29, 2003. *527 Douglas B. Brown and R. Travis Rentz, of Rumberger, Kirk & Caldwell, Orlando, for Appellant. Jack A. Kirschenbaum, Alec D. Russell of Gray, Harris & Robinson, P.A., Melbourne, for Appellee. MONACO, J. Edward Supinski, M.D. ("Dr.Supinski)", appeals the entry of a temporary injunction issued in response to...
