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District Court of Appeal of Florida

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Constant v. Tillitson, K-89 (1968)

214 So. 2d 91 (1968) Viola CONSTANT, As Executrix of the Estate of Tillithia Jane Edwards, Deceased, Appellant, v. Mary E. TILLITSON, Appellee. No. K-89. District Court of Appeal of Florida. First District. September 19, 1968. A.K. Black, Lake City, for appellant. Brannon, Brown, Norris, Vocelle & Haley, Lake City, for appellee. *92 WIGGINTON, Chief Judge. Appellant as executrix of her mother's estate has appealed a final order rendered by the County Judge of Columbia County, in probate,...

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American Bankers Life Assur. Co. of Fla. v. Williams, K-70 (1968)

212 So. 2d 777 (1968) AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA, Petitioner, v. Broward WILLIAMS, As State Treasurer and Insurance Commissioner, Respondent. No. K-70. District Court of Appeal of Florida. First District. July 23, 1968. Rehearing Denied August 23, 1968. Helliwell, Melrose & DeWolf, Miami, for petitioner. Thomas E. Boyle and Stephen Marc Slepin, Asst. Attys. Gen., and Robert E. Gibson, Insurance Counsel, for respondent. RAWLS, Judge. American Bankers Life Assurance...

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Sellers v. Government Employees Insurance Co., K-67 (1968)

214 So. 2d 879 (1968) Louise SELLERS, Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellee. No. K-67. District Court of Appeal of Florida. First District. October 8, 1968. Rehearing Denied November 15, 1968. Emory P. Cain, Jacksonville, Fla., for appellant. George Stelljes, Jr., of Marks, Gray, Yates, Conroy & Gibbs, Jacksonville, for appellee. WIGGINTON, Chief Judge. Plaintiff has appealed a summary final judgment rendered in favor of defendant. Appellant urges that the trial court...

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Barrentine v. Vulcan Materials Company, K-63 (1968)

216 So. 2d 59 (1968) Frank M. BARRENTINE, Appellant, v. VULCAN MATERIALS COMPANY, a New Jersey Corporation, and John McNeil, Individually, Appellees. No. K-63. District Court of Appeal of Florida. First District. November 26, 1968. E. Ward Harris, Panama City, for appellant. Isler, Welch, Bryant, Smith & Higby, Panama City, for appellees. WIGGINTON, Chief Judge. Appellant, who was plaintiff in the trial court, has appealed a final judgment dismissing with prejudice his complaint brought for the...

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Abram v. State, K-56 (1968)

216 So. 2d 498 (1968) Willie ABRAM, Appellant, v. STATE of Florida, Appellee. No. K-56. District Court of Appeal of Florida. First District. November 26, 1968. T. Edward Austin, Jr., Public Defender, and Ralph W. Nimmons, Jr., Asst. Public Defender, for appellant. *499 Earl Faircloth, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee. WIGGINTON, Chief Judge. Appellant was indicted for murder in the first degree, tried by a jury and found guilty with a recommendation of mercy....

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Swilley v. Long, K-53 (1968)

215 So. 2d 340 (1968) Bobby Eldridge SWILLEY, Appellant, v. James Elbert LONG, Jr., Appellee. No. K-53. District Court of Appeal of Florida. First District. November 7, 1968. William B. Dawson, II, and George A. Pierce, Jacksonville, for appellant. J. Richard Moore, of Mathews, Osborne & Ehrlich, Jacksonville, for appellee. WIGGINTON, Chief Judge. Plaintiff in a personal injury action growing out of a rear-end vehicular collision appeals a summary final judgment rendered in favor of defendant....

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Gant v. State, K-395 (1968)

216 So. 2d 44 (1968) Mildred GANT, Appellant, v. STATE of Florida, Appellee. No. K-395. District Court of Appeal of Florida. First District. November 26, 1968. *45 Law Firm of Ben Daniel, Jr., and Donald N. Denson, Ocala, for appellant. Earl Faircloth, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee. WIGGINTON, Chief Judge. Defendant seeks reversal of an order rendered by the trial court which rescinded a previous order awarding fees to her attorneys. Appellant was charged...

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Viking Superior Corporation v. WT Grant Company, K-38 (1968)

212 So. 2d 331 (1968) VIKING SUPERIOR CORPORATION, Appellant, v. W.T. GRANT COMPANY, James C. Smith d/b/a Smith Plumbing Company, Formerly Fleming and Smith Company, Appellees. No. K-38. District Court of Appeal of Florida. First District. July 16, 1968. Alan B. Fields, Jr., of Jones & Sims, Pensacola, for appellant. No appearance for appellees. *332 WIGGINTON, Chief Judge. Appellant seeks review by interlocutory appeal of an order denying its motion to quash substituted service of process made...

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Pest Control Commission of Florida v. Ace Pest Control, Inc., K-235, K-236 (1968)

214 So. 2d 892 (1968) PEST CONTROL COMMISSION OF FLORIDA, Appellant, v. ACE PEST CONTROL, INC., Appellee. PEST CONTROL COMMISSION OF FLORIDA, Appellant, v. ERNEST CHARLES MOON, Appellee. Nos. K-235, K-236. District Court of Appeal of Florida. First District. October 24, 1968. *893 Driscoll, Baugh & LaGrone, Orlando, for appellant. Brannon, Brown, Norris, Vocelle & Haley, Lake City, for appellees. SPECTOR, Judge. Appellant seeks review of interlocutory orders enjoining it from proceeding against...

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McCormick v. City of Pensacola, K-176 (1968)

216 So. 2d 785 (1968) William A. McCORMICK and Bessie M. McCormick, Husband and Wife; William B. Mancil and Ernestine M. Mancil, Husband and Wife; James D. Beasley and Margaret L. Beasley, Husband and Wife, Appellants, v. The CITY OF PENSACOLA, a Municipal Corporation; Forest Park, Inc., a Florida Corporation; Alexander Forhetz, et al., Appellees. No. K-176. District Court of Appeal of Florida. First District. December 10, 1968. *786 Barksdale, Tucker & Worley, Pensacola, for appellants. Caton &...

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Board of Public Instruction of Duval County v. Sack, K-121 (1968)

212 So. 2d 819 (1968) The BOARD OF PUBLIC INSTRUCTION OF DUVAL COUNTY, Florida, a Body Corporate, Relator, v. The Honorable Martin SACK, As Circuit Judge of the Fourth Judicial Circuit in and for Duval County, Florida, Respondent. No. K-121. District Court of Appeal of Florida. First District. July 18, 1968. *820 McCarthy, Adams & Foote, Jacksonville, for relator. Respondent, pro se. RAWLS, Acting Chief Judge. This is an original proceeding upon Relator's (Board of Public Instruction of Duval...

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Meiklejohn v. American Distributors, Inc., K-11 (1968)

210 So. 2d 259 (1968) Don D. MEIKLEJOHN, Director of the State Beverage Department of Florida, and Central Florida Distributing Company, Inc., a Florida Corporation, Appellants, v. AMERICAN DISTRIBUTORS, INC., et al., Appellees. No. K-11. District Court of Appeal of Florida. First District. April 16, 1968. Rehearing Denied June 6, 1968. *260 James J. Richardson and W.R. Phillips, Tallahassee, for appellants. Paul A. Saad, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for appellees....

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City of Jacksonville v. Jones, K-105 (1968)

213 So. 2d 259 (1968) CITY OF JACKSONVILLE, Appellant, v. Janie Bell JONES, Appellee. No. K-105. District Court of Appeal of Florida. First District. August 8, 1968. William M. Madison, Claude L. Mullis, Frederick J. Simpson, Jacksonville, and Chester G. Senf, Jacksonville, for appellant. Schneider & Dunay, Jacksonville, for appellee. RAWLS, Acting Chief Judge. By this interocutory appeal, the City of Jacksonville contends that the trial judge erred in denying its motion to dissolve a writ of...

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Fred S. Conrad Const. Co. v. Continental Assur. Co., J-90, J-92 to J-94 (1968)

215 So. 2d 45 (1968) FRED S. CONRAD CONSTRUCTION COMPANY, a Florida Corporation, and Aetna Casualty and Surety Company, a Connecticut Corporation, Appellants, v. CONTINENTAL ASSURANCE COMPANY, a Corporation, Baptist Senior Citizens Foundation, Inc., a Corporation Not for Profit, Organized and Existing under the Laws of the State of Florida, and Phillip N. Brownstein, Federal Housing Commissioner, Appellees. Nos. J-90, J-92 to J-94. District Court of Appeal of Florida. First District. October 3,...

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Ashmore v. State, J-77 (1968)

214 So. 2d 67 (1968) James L. ASHMORE, Appellant, v. STATE of Florida, Appellee. No. J-77. District Court of Appeal of Florida. First District. September 10, 1968. Rehearing Denied October 9, 1968. Datz & Jacobson, Jacksonville, for appellant. Earl Faircloth, Atty. Gen., George R. Georgieff, Asst. Atty. Gen., for appellee. SPECTOR, Judge. Appellant was convicted on an information charging manslaughter in two counts; driving an automobile while under the influence of intoxicating liquor, and...

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Escambia Chemical Corp. v. US Fidelity & Guar. Co., J-501 (1968)

212 So. 2d 884 (1968) ESCAMBIA CHEMICAL CORPORATION, a Corporation Authorized to Do Business in Florida, Appellant, v. U.S. FIDELITY AND GUARANTY COMPANY, a Corporation Authorized to Do Business in Florida, Appellee. No. J-501. District Court of Appeal of Florida. First District. July 18, 1968. As Revised on Denial of Rehearing August 27, 1968. *885 James C. Conner, Jr., of Dye & Joanos, Tallahassee, for appellant. W.K. Whitfield; Horne, Rhodes & Lamb, Tallahassee, for appellee. WIGGINTON,...

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Pierson v. State, J-488 (1968)

214 So. 2d 17 (1968) Robert PIERSON, Appellant, v. The STATE of Florida, Appellee. No. J-488. District Court of Appeal of Florida. First District. August 13, 1968. Rehearing Denied September 5, 1968. *18 Robert Pierson, in pro. per. Earl Faircloth, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee. JOHNSON, Judge. This is an appeal from an order of denial of a Criminal Rule 1, F.S.A. ch. 924 Appendix, motion wherein the grounds of said motion were: (1) Petitioner was...

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State v. Thomas, J-473 (1968)

212 So. 2d 910 (1968) STATE of Florida, Appellant, v. Clyde Arnold THOMAS, Jr., Appellee. No. J-473. District Court of Appeal of Florida. First District. July 30, 1968. Rehearing Denied August 20, 1968. Earl Faircloth, Atty. Gen., David U. Tumin, Asst. Atty. Gen., and S. Thompson Tygart, Jr., Asst. State Atty., for appellant. Mahon & Mahon, Jacksonville, for appellee. JOHNSON, Judge. This is an appeal from an order of the Criminal Court of Record, Duval County, Florida, suppressing evidence...

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City of Gainesville v. Hilliard, J-460 (1968)

207 So. 2d 520 (1968) CITY OF GAINESVILLE, Florida, Petitioner, v. C.L. HILLIARD, Respondent. No. J-460. District Court of Appeal of Florida. First District. February 22, 1968. Rehearing Denied March 12, 1968. *521 Osee R. Fagan, of Fagan, Crouch & Anderson, Gainesville, for petitioner. Richard J. Wilson, Gainesville, for respondent. WIGGINTON, Chief Judge. Petitioner seeks review by certiorari of a judgment rendered by the circuit court of Alachua County sitting in its appellate capacity,...

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In Re Estate of Rauf, J-440 (1968)

213 So. 2d 31 (1968) In re ESTATE OF Hazel L. RAUF, Deceased. William RAUF and Johnston C. Rauf, Appellants, v. SALVATION ARMY AT OCALA, Ocala, Florida, Father Flanagan's Boys' Home, Boys Town, Nebraska, and the Marion County Heart Association, Appellees. No. J-440. District Court of Appeal of Florida. First District. August 1, 1968. Rehearing Denied August 28, 1968. *32 Joseph W. Gross, Tampa, for appellants. Harry C. Dozier, Jr., and J. Elwyn Leak, Ocala, for appellees. JOHNSON, Judge. This...

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