172 So. 2d 646 (1965) ST. JOE PAPER COMPANY, a Florida corporation, Appellant, v. W.A. RAY, as Tax Collector of Calhoun County, Florida, et al., Appellees. No. G-92. District Court of Appeal of Florida. First District. March 16, 1965. *647 Starry & Thompson and W.J. Oven, Jr., Tallahassee, for appellant. Virgil Q. Mayo, Blountstown, Davenport, Johnston, Harris & Urquhart, Panama City, and Truett & Watkins, Tallahassee, for appellees. RAWLS, Judge. The primary question presented by appellant-...
177 So. 2d 845 (1965) McArthur MYRICK, Appellant, v. STATE of Florida, Appellee. No. G-77. District Court of Appeal of Florida. First District. August 5, 1965. Rehearing Denied September 8, 1965. *846 T. Edward Austin, Jr., Public Defender, for appellant. Earl Faircloth, Atty. Gen., and James G. Mahorner, Asst. Atty. Gen., for appellee. RAWLS, Chief Judge. Myrick appeals a judgment of guilty of breaking and entering with intent to commit a misdemeanor and petit larceny. Defendant was informed...
172 So. 2d 876 (1965) Wayne H. BROOKS, Appellant, v. STATE of Florida, Appellee. No. G-64. District Court of Appeal of Florida. First District. March 16, 1965. *877 Wayne H. Brooks in pro. per. Earl Faircloth, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee. RAWLS, Judge. Wayne Brooks, in proper person, has perfected an appeal in this cause from a conviction of breaking and entering and grand larceny. We first consider Brooks' complaint about the quality of the lawyer...
176 So. 2d 116 (1965) Wayne H. BROOKS, Appellant, v. STATE of Florida, Appellee. No. G-63. District Court of Appeal of Florida. First District. June 10, 1965. Wayne H. Brooks, in pro. per. Earl Faircloth, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee. *117 RAWLS, Judge. After trial by jury, Wayne Brooks was adjudged guilty of attempt to escape and sentenced to serve a prison term of five years. He now appeals from an order denying his motion for new trial, and inter alia...
171 So. 2d 65 (1965) David Brian CONLEY et al., Appellants, v. Getchrill SINGLETON, Appellee. No. G-61. District Court of Appeal of Florida. First District. January 26, 1965. *66 Hull, Landis, Graham & French, Daytona Beach, for appellants. Wesley A. Fink, Daytona Beach, for appellee. WIGGINTON, Judge. This appeal is from a summary final judgment rendered in favor of appellee and against State Farm Mutual Automobile Insurance Company as garnishee. The cause is presently before the Court on...
176 So. 2d 909 (1965) RUSSELL & AXON, Consultant Engineers, a corporation, Appellant, v. Joseph C. HANDSHOE, Appellee. No. G-6. District Court of Appeal of Florida. First District. July 1, 1965. Rehearing Denied July 19, 1965. *910 Melvin Orfinger and Charles Tindell, Daytona Beach, for appellant. Norton Josephson, Daytona Beach, for appellee. WIGGINTON, Judge. Appellant, who was defendant in the trial court, has appealed a final judgment entered upon a jury verdict awarding damages to appellee...
176 So. 2d 597 (1965) William Eugene BARTON, Appellant, v. STATE of Florida, Appellee. No. G-59. District Court of Appeal of Florida. First District. June 29, 1965. *598 William Eugene Barton, in pro. per. Earl Faircloth, Atty. Gen., and John S. Burton, Asst. Atty. Gen., for appellee. WIGGINTON, Acting Chief Judge. This appeal is from a final order rendered by the trial court on July 30, 1964, denying appellant's motion filed pursuant to Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix to...
177 So. 2d 33 (1965) Marvin GRESHAM, W.E. Rion, J.N. Anderson, S.K. Lindsey, and Harry Edwards, as and comprising the Board of Trustees for the Alachua General Hospital, and Alachua County, a political subdivision of the State of Florida, Appellants, v. Clifford C. COURSON, as Administrator of the Estate of Dale Warren Courson, deceased, Appellee. Marvin GRESHAM, W.E. Rion, J.N. Anderson, S.K. Lindsey, and Harry Edwards, as and comprising the Board of Trustees for the Alachua General Hospital,...
180 So. 2d 495 (1965) Kenneth R. HUNT, Appellant, v. Kenneth J. GANAWAY, individually, Kenneth J. Ganaway, d/b/a Southern Dairy Queen Co., Appellee. No. G-493. District Court of Appeal of Florida. First District. November 16, 1965. Rehearing Denied December 20, 1965. *496 Edgar C. Booth, Tallahassee, for appellant. Phillip D. Anderson, Palm Beach, and C. DuBose Ausley, of Ausley, Ausley, McMullen, O'Bryan, Michaels & McGehee, Tallahassee, for appellee. RAWLS, Chief Judge. Plaintiff Hunt by this...
174 So. 2d 609 (1965) Terry Lee TURVEY, Appellant, v. STATE of Florida, Appellee. No. G-49. District Court of Appeal of Florida. First District. April 29, 1965. George G. Phillips, Public Defender, for appellant. Earl Faircloth, Atty. Gen., and James G. Mahorner, Asst. Atty. Gen., for appellee. WIGGINTON, Acting Chief Judge. This is an appeal from a final judgment denying appellant's motion filed pursuant to Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix, to set aside the judgment of...
180 So. 2d 388 (1965) Eunice Mae GIBSON, Appellant, v. Ronald Edward GIBSON, Sr., Appellee. No. G-431. District Court of Appeal of Florida. First District. November 23, 1965. Campbell & Rice, Crestview, for appellant. Coe & Coe, Pensacola, for appellee. WIGGINTON, Acting Chief Judge. This appeal is from a final decree dismissing with prejudice appellant's complaint entered upon a motion made by appellee at the close of plaintiff's evidence. The motion was grounded upon the premise that the...
177 So. 2d 243 (1965) William Roy PHILLIPS, Appellant, v. STATE of Florida, Appellee. No. G-41. District Court of Appeal of Florida. First District. July 8, 1965. Rehearing Denied August 3, 1965. Steadman S. Stahl, Jr., Ft. Lauderdale, for appellant. Earl Faircloth, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee. STURGIS, Judge. The appellant, William Roy Phillips, having waived jury trial, was jointly tried with his co-defendant, one Herbert Lane, before the Honorable W....
179 So. 2d 608 (1965) UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. Joseph SELLERS and Inez Sellers, Appellees. No. G-378. District Court of Appeal of Florida. First District. November 4, 1965. *609 Robert P. Gaines, of Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for appellant. William H. Clark, of Harrell, Caro, Middlebrooks & Wiltshire, Pensacola, for appellees. STURGIS, Judge. This is an appeal from a declaratory decree holding, adversely to appellant insurer's contentions,...
177 So. 2d 859 (1965) Beatrice GORDON, Appellant, v. WEST FLORIDA ENTERPRISES OF PENSACOLA, INC., Appellee. No. G-339. District Court of Appeal of Florida. First District. August 19, 1965. Adams & Palmer, Crestview, for appellant. Barrow & Moore, Crestview, for appellee. STURGIS, Judge. This is an appeal and cross-appeal from a final decree in a suit to foreclose a real property mortgage securing appellant's promissory note in favor of appellee, plaintiff below, in the face amount of $3,919.80,...
181 So. 2d 175 (1965) Clenton L. MORGAN and Ruth B. Morgan, Appellants, v. GENERAL INSURANCE COMPANY OF AMERICA, a corporation, Appellee. No. G-332. District Court of Appeal of Florida. First District. December 16, 1965. Rehearing Denied January 12, 1966. Harrell, Caro, Middlebrooks & Wiltshire, Pensacola, for appellants. Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for appellee. STURGIS, Judge. Appellants brought a tort action against the owners of Blue Flame Gas Company, not parties to...
179 So. 2d 606 (1965) Russell RHODEN, Appellant, v. STATE of Florida, Appellee. No. G-315. District Court of Appeal of Florida. First District. November 2, 1965. *607 C.A. Avriett, Jasper, for appellant. Earl Faircloth, Atty. Gen., and John S. Burton, Asst. Atty. Gen., for appellee. JOHNSON, Judge. On June 12, 1964, the appellant here, but who will be referred to hereafter in this opinion as the defendant, was indicted by the grand jury of Hamilton County, Florida, for assault with intent to...
181 So. 2d 187 (1965) GLENS FALLS INSURANCE COMPANY, Appellant, v. J.A. FIELDS, A. Ross Evans, R.E. Persons and Edwin A. Rose, partners, trading and doing business as Fields Building Supply, Appellees. No. G-307. District Court of Appeal of Florida. First District. December 14, 1965. Rehearing Denied January 11, 1966. Howell, Kirby, Montgomery & Sands, Jacksonville, for appellant. Brannon, Brown, Norris & Vocelle, Lake City, for appellees. RAWLS, Chief Judge. Appellant, Glens Falls Insurance...
180 So. 2d 668 (1965) ST. JOE PAPER COMPANY, Petitioner, v. Camille F. GAUTREAUX and Florida Industrial Commission, Respondents. No. G-296. District Court of Appeal of Florida. First District. December 7, 1965. *669 Davisson F. Dunlap of Ulmer, Murchison, Kent, Ashby & Ball, Jacksonville, for petitioner. Patrick H. Mears and Herbert W. Miller, Tallahassee, for respondents. CARROLL, DONALD K., Judge. The petitioner for a writ of certiorari seeks our review of a portion of an order entered by the...
180 So. 2d 349 (1965) Margaret R. GALLION, Appellant, v. W.H. BELK, Jr., Appellee. No. G-293. District Court of Appeal of Florida. First District. November 16, 1965. Rehearing Denied December 14, 1965. *350 Sturgis & Ritter, Ocala, for appellant. Klein, Tannenbaum & McGovern, Miami, for appellee. JOHNSON, Judge. Appeal from a final judgment dismissing a complaint of the appellant wherein the relief prayed was an injunction against execution and levy upon the separate real and personal property...
175 So. 2d 794 (1965) TILLMAN CHEVROLET COMPANY, Appellant, v. Ottis James MOORE and Bonita P. Moore, Appellees. No. G-29. District Court of Appeal of Florida. First District. May 25, 1965. Rehearing Denied June 22, 1965. James E. Hertz, of Fisher & Hepner, Pensacola, for appellant. Barrow & Moore, Crestview, for appellees. STURGIS, Chief Judge. The appellees, Mr. and Mrs. Moore, recovered a money judgment against Tillman Chevrolet Company, a corporation, William F. Smith, and Ralph Eugene...
