205 So. 2d 324 (1967) Douglas McArthur TENNANT, Appellant, v. STATE of Florida, Appellee. No. J-76. District Court of Appeal of Florida. First District. December 19, 1967. Rehearing Denied January 15, 1968. Edward L. Bush, Palatka, for appellant. Earl Faircloth, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee. PER CURIAM. Appellant has appealed a judgment of conviction and sentence based upon a jury verdict finding him guilty of violating the beverage laws of this state. The...
204 So. 2d 919 (1967) M. LIPPINCOTT MORTGAGE INVESTMENT CO. of Florida, Inc., Appellant, v. Clark CHILDRESS et ux., Appellees. No. J-72. District Court of Appeal of Florida. First District. November 30, 1967. Rehearing Denied January 10, 1968. Louis F. Ray, Jr., of Holsberry, Emmanuel, Sheppard & Mitchell, Pensacola, for appellant. Paul Shimek, Jr., of Hahn, Reeves & Shimek, Pensacola, for appellees. WIGGINTON, Chief Judge. Appellant sued appellees on a promissory note assigned to it by the...
203 So. 2d 676 (1967) Eddie MITCHELL, Appellant, v. STATE of Florida, Appellee. No. J-267. District Court of Appeal of Florida. First District. November 9, 1967. *677 Eddie Mitchell, in pro. per. Earl Faircloth, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee. ON MOTION TO QUASH SPECTOR, Judge. The State has filed a motion to quash this appeal whereby appellant seeks reversal of the Circuit Court's order denying appellant's motion to vacate judgment and sentence filed by him...
204 So. 2d 550 (1967) John LOMELO, Jr., et al., Petitioners, v. William T. MAYO et al., As Members of the Public Service Commission, Respondents. No. J-259. District Court of Appeal of Florida. First District. November 30, 1967. *551 John W. Achor, Chipley, for petitioners. Lewis W. Petteway and Prentice P. Pruitt, Tallahassee, for respondents. WIGGINTON, Chief Judge. This is a case of original jurisdiction in which petitioners seek a writ of prohibition against respondents. The purpose of the...
202 So. 2d 232 (1967) STATE of Florida ex rel. Cecil F. LOWE, Relator, v. Warren A. NELSON, As Judge of the Criminal Court of Record, Duval County, Florida, Respondent. No. J-241. District Court of Appeal of Florida, First District. September 15, 1967. Walter G. Arnold, Jacksonville, for relator. Earl Faircloth, Atty. Gen., David U. Tumin, Asst. Atty. Gen., for respondent. SPECTOR, Judge. The relator has filed a suggestion for the issuance of a rule nisi in prohibition against the respondent to...
201 So. 2d 904 (1967) Lillian M. HILTON and Claude K. Hilton, Appellants, v. CITIZENS INSURANCE COMPANY OF NEW JERSEY, Appellee. No. J-119. District Court of Appeal of Florida. First District. August 29, 1967. John R. Alexander, Tallahassee, for appellants. Hall, Hartwell, Hall & Canada, Tallahassee, for appellee. WIGGINTON, Chief Judge. Plaintiff in the trial court seek review by interloctuory appeal of an order which denied their motion to increase by amendment the prayer for damages alleged...
201 So. 2d 246 (1967) Clyde C. BRYAN and Martha J. Bryan, Husband and Wife, Appellants, v. OWSLEY LUMBER COMPANY, a Florida Corporation, Appellee. No. J-10. District Court of Appeal of Florida. First District. July 18, 1967. *247 Shell, Fleming & Davis, Pensacola, for petitioners. Levin, Askew, Warfield, Levin & Graff, Pensacola, for respondent. WIGGINTON, Chief Judge. Defendants seek review by interloctutory appeal of a pre-trial conference order rendered in an action brought by plaintiff to...
202 So. 2d 582 (1967) Wilton A. ROSS, Appellant, v. STATE of Florida, Appellee. No. J-1. District Court of Appeal of Florida, First District. September 26, 1967. Richard W. Ervin, III, Public Defender, and John D. Buchanan, Asst. Public Defender, for appellant. Earl Faircloth, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee. WIGGINTON, Chief Judge. Defendant has appealed a judgment of conviction and sentence based upon a jury verdict finding him guilty of the offense of...
198 So. 2d 52 (1967) Frederica Yvette PINKNEY, a Minor, by Thelma W. McGowan, Her Guardian of Estate and Next Friend, Appellant, v. Frederick PINKNEY, Appellee. No. I-74. District Court of Appeal of Florida. First District. April 20, 1967. E.K. McIlrath, Jacksonville, for appellant. Mahon & Mahon, Jacksonville, for appellee. SPECTOR, Judge. This is an appeal from a final judgment for the defendant pursuant to a motion *53 for directed verdict in a wrongful death case and from an order...
199 So. 2d 117 (1967) Milton F. FRANK, Appellant, v. STATE of Florida, Appellee. No. I-52. District Court of Appeal of Florida. First District. May 23, 1967. *118 Albert Datz, Jacksonville, for appellant. Earl Faircloth, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee. WIGGINTON, Acting Chief Judge. Defendant has appealed a judgment of conviction and sentence based upon a jury verdict finding him guilty of unlawfully possessing narcotic drugs. The principal thrust of...
200 So. 2d 242 (1967) Sam ROSENFELD, Appellant, v. I.D. GLICKSTEIN, Appellee. No. I-50. District Court of Appeal of Florida. First District. June 8, 1967. Rehearing Denied July 24, 1967. J.B. Hodges, Lake City, for appellant. Goldman, Presser & Lewis, Jacksonville, for appellee. SPECTOR, Judge. The plaintiff appeals from an order dismissing this cause of action for failure to prosecute. Said order of dismissal was entered upon motion of the defendant, appellee herein. At the time of the...
205 So. 2d 328 (1967) W.W. DEESE, Appellant, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Appellee. No. I-478. District Court of Appeal of Florida. First District. December 19, 1967. *329 O.O. McCollum, Jr., of Thames & McCollum, Jacksonville, for appellant. Charles Cook Howell, Jr., Jacksonville, for appellee. WIGGINTON, Chief Judge. Appellant sued appellee for breach of an automobile liability insurance policy. From a judgment entered upon a jury verdict in favor of appellee, this appeal is...
199 So. 2d 299 (1967) Carolyn WILLIAMS, a Minor, by Earl Williams, Her Father and Next Friend, and Earl Williams, Individually, Appellants, v. DUVAL COUNTY HOSPITAL AUTHORITY of Duval County, Florida, a Public Body Corporate and Politic of the State of Florida, and Jesse R. Ledbetter, Jack L. Sapolsky and James Morris, Appellees. No. I-434. District Court of Appeal of Florida. First District. May 23, 1967. Rehearing Denied June 16, 1967. *300 John Paul Howard, Jacksonville, for appellants. Cox,...
198 So. 2d 850 (1967) AMERICAN SOUTHERN INSURANCE COMPANY, Appellant, v. John I. DANIEL, Jr., Appellee. No. I-43. District Court of Appeal of Florida. First District. May 18, 1967. *851 Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for appellant. Fredric G. Levin, Pensacola, for appellee. JOHNSON, Judge. This is an appeal from a final judgment awarding damages and attorney's fee to the insured, appellee herein, in an action at law under the uninsured motorist provision of an automobile...
202 So. 2d 858 (1967) CURRAN & MacDONELL, INC., a Corporation, Appellant, v. Angelica PEARRE, Appellee. No. I-419. District Court of Appeal of Florida, First District. October 5, 1967. Robinson & Randle, Jacksonville, for appellant. Scruby & Yonge, Orange Park, for appellee. RAWLS, Judge. By this action, Curran & MacDonell, Inc., a real estate brokerage firm, seeks to collect a commission for procuring a ready, willing and able buyer of real estate owned by Appellee, Pearre. The chancellor...
203 So. 2d 204 (1967) NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, a Corporation, Appellant, v. Charles S. ROBUCK D/B/a Robuck Electric Sales and Service, Appellee. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, a Corporation, Appellant, v. Harold ELLZEY, Appellee. Nos. I-390, I-391. District Court of Appeal of Florida. First District. October 5, 1967. Rehearing Denied November 9, 1967. *205 Charles S. Carrere and W. Roger Turner, of Gurney, Gurney &...
201 So. 2d 624 (1967) VOLKSWAGEN INSURANCE COMPANY, a Corporation, Appellant, v. James R. TAYLOR, Appellee. VOLKSWAGEN INSURANCE COMPANY, a Corporation, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Corporation, Appellee. Nos. I-380, I-404. District Court of Appeal of Florida. First District. August 1, 1967. *625 John I. Todd, Jr., of Howell, Kirby, Montgomery, Sands & D'Aiuto, Jacksonville, for appellant. Marion R. Shepard, of Mathews, Osborne & Ehrlich, Alan C. Winter, Jr.,...
202 So. 2d 568 (1967) Erin Colleen MOORE, a Minor by and through Her Next Friend, R.E. Moore, and R.E. Moore, Individually, Appellant, v. HALIFAX HOSPITAL DISTRICT, a Special Taxing District in and for Volusia County, Florida, Appellee. No. I-358. District Court of Appeal of Florida, First District. September 28, 1967. James H. Tucker, Daytona Beach, for appellant. Green & Strasser, Daytona Beach, for appellee. CARROLL, DONALD K., Acting Chief Judge. The plaintiffs in a negligence action have...
202 So. 2d 830 (1967) DORADO BEACH HOTEL CORPORATION, a Delaware Corporation, Appellant, v. W.A. JERNIGAN, Appellee. No. I-356. District Court of Appeal of Florida, First District. September 12, 1967. Williams, Salomon & Kenney, Miami, for appellant. Gillis E. Powell, Crestview, for appellee. RAWLS, Judge Dorado Beach Hotel Corporation has appealed from a summary final judgment denying it the right to collect a gambling debt in Florida. The sole question is, Can a gambling obligation valid in...
199 So. 2d 726 (1967) Howard BAILEY, Appellant, v. STATE of Florida, Appellee. No. I-250. District Court of Appeal of Florida. First District. June 13, 1967. Virgil Q. Mayo, Public Defender, and W.L. Bailey, Blountstown, for appellant. Earl Faircloth, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee. PER CURIAM. Appellant was charged and convicted of the crime of robbery. The incident giving rise to the crime charged occurred at a temporary fishing camp site at Ocheesee...
