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District Court of Appeal of Florida

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Stembler v. Smith, N-98, N-99 (1970)

242 So. 2d 472 (1970) John H. STEMBLER and Insurance Company of North America, Appellants, v. Michael Sanford SMITH, Appellee. William Jenkins STEMBLER, John H. Stembler, and Insurance Company of North America, Appellants, v. HI-J, INC., d/b/A Shakey's Pizza Parlor of Gainesville, Florida, Appellees. Nos. N-98, N-99. District Court of Appeal of Florida, First District. December 8, 1970. Rehearing Denied January 11, 1971. Sanders, McEwan, Mims & McDonald, Orlando, for appellants. Howell, Kirby,...

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Stapleton v. State, N-89 (1970)

239 So. 2d 140 (1970) Earl Patrick STAPLETON, Appellant, v. STATE of Florida, Appellee. No. N-89. District Court of Appeal of Florida, First District. July 28, 1970. Smith, Tolton & Wolff, Valparaiso, for appellant. Earl Faircloth, Atty. Gen., and J. Christian Meffert, Asst. Atty. Gen., for appellee. WIGGINTON, Judge. Defendant has appealed an order denying his motion to withdraw a plea of nolo contendere to an eight-count information charging him with the possession and sale of hallucinogenic...

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Wilkes v. Revels, N-579 (1970)

245 So. 2d 896 (1970) Donald E. WILKES, Petitioner, v. Honorable P.B. REVELS, Judge Seventh Judicial Circuit, Volusia County, Florida, Respondent. No. N-579. District Court of Appeal of Florida, First District. November 17, 1970. Rehearing Denied December 21, 1970. *897 Donald E. Wilkes, in pro. per., petitioner. Raymond, Wilson, Karl, Conway & Barr, Daytona Beach, for respondent. JOHNSON, Chief Judge. Petitioner Donald E. Wilkes has filed in this court a suggestion for writ of prohibition to...

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Jones v. State Ex Rel. Greathouse, N-546 (1970)

241 So. 2d 432 (1970) Gilbert Arthur JONES and Mary Frances Jones, Appellants, v. STATE of Florida ex rel. Nancy Jo Anne GREATHOUSE, Appellee. No. N-546. District Court of Appeal of Florida, First District. December 3, 1970. *433 W. Paul Thompson, De Funiak Springs, for appellants. No Appearance, for appellee. JOHNSON, Chief Judge. This is an appeal by the father from a final order entered by the Circuit Court of Walton County on a petition for habeas corpus returning the custody of the minor...

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Carter v. State, N-537 (1970)

242 So. 2d 737 (1970) Ronnie CARTER, Appellant, v. STATE of Florida, Appellee. No. N-537. District Court of Appeal of Florida, First District. December 29, 1970. Rehearing Denied January 26, 1971. Cecil C. Jackson, Pensacola, for appellant. Earl Faircloth, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee. WIGGINTON, Judge. Appellant seeks review by direct appeal of an order denying his motion for rehearing and reconsideration. No appeal has been taken from the final order...

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Powell v. Powell, N-513 (1970)

242 So. 2d 138 (1970) Elizabeth Alford POWELL, Appellant, v. Theodore R. POWELL, Jr., Appellee. No. N-513. District Court of Appeal of Florida, First District. December 3, 1970. Rehearing Denied January 11, 1971. Campbell & Rice, Crestview, for appellant. Gillis E. Powell, Crestview, for appellee. JOHNSON, Chief Judge. This is an appeal from a final judgment in a habeas corpus proceeding remanding custody of the minor child to the husband-appellee, pursuant to a temporary order of a Louisiana...

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Ford v. Bay County School Board, N-436 (1970)

246 So. 2d 119 (1970) Gladyce Inez FORD, Petitioner, v. BAY COUNTY SCHOOL BOARD, Respondent. No. N-436. District Court of Appeal of Florida, First District. December 3, 1970. *120 Costin & Moore, Port St. Joe, for petitioner. Logue, Bennett & Williams, Panama City, for respondent. JOHNSON, Chief Judge. The petitioner herein seeks review by certiorari of a decision of the respondent Board discharging petitioner as a public school teacher and the decision of the State Board of Education of...

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Gordon v. Phoenix Insurance Company, N-430 (1970)

242 So. 2d 485 (1970) Kenneth W. GORDON, Appellant, v. The PHOENIX INSURANCE COMPANY, Appellee. No. N-430. District Court of Appeal of Florida, First District. December 31, 1970. *486 William R. Davenport, Pensacola, for appellant. William H. Clark, Pensacola, for appellee. WIGGINTON, Judge. Plaintiff in the trial court has appealed an adverse declaratory judgment which construes the uninsured motorist provision of a standard automobile liability insurance policy issued to plaintiff by...

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Remp v. State, N-427 (1970)

248 So. 2d 677 (1970) John Stanley REMP a/k/a Jack Roberts, Petitioner, v. STATE of Florida, Respondent. No. N-427. District Court of Appeal of Florida, First District. July 21, 1970. Robert P. Miller, Public Defender, for petitioner. Earl Faircloth, Atty. Gen., J. Christian Meffert, Asst. Atty. Gen., for respondent. SPECTOR, Judge. We issued our rule nisi in this original habeas corpus action by which petitioner *678 seeks a belated full appellate review in accordance with the principles...

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In Re Adoption by Cooper, N-423 (1970)

242 So. 2d 196 (1970) In re ADOPTION BY Billy S. COOPER and Ethel Cooper. No. N-423. District Court of Appeal of Florida, First District. December 17, 1970. Rehearing Denied January 14, 1971. *197 Savage, Krim & Simmons, Ocala, for appellants. O'Neill & Tramell, and Harry C. Dozier, Jr., Ocala, for appellee. WIGGINTON, Judge. Appellant father, Fran Clifton Kennon, seeks review of a final judgment of adoption by which his minor child, Dawn Michelle Kennon, was declared to be the legal child of...

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Ward v. State, N-313 (1970)

236 So. 2d 187 (1970) Jesse Lee WARD, Petitioner, v. STATE of Florida, Respondent. No. N-313. District Court of Appeal of Florida, First District. June 11, 1970. Rehearing Denied July 2, 1970. Jesse Lee Ward, in pro. per. SPECTOR, Judge. This is an original habeas corpus action by which petitioner seeks to have set aside a judgment of conviction on the ground that his guilty plea to a charge of grand larceny was the product of coercion and inducement by the court appointed counsel and the state...

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Pyle v. Washington County School Board, N-304 (1970)

238 So. 2d 121 (1970) Robert B. PYLE, Petitioner, v. WASHINGTON COUNTY SCHOOL BOARD, Respondent. No. N-304. District Court of Appeal of Florida, First District. July 7, 1970. Rehearing Denied August 14, 1970. *122 Herbert P. Sapp, Jr., Panama City, for petitioner. Gerald Holley, Chipley, and Barnes & Grant, Marianna, for respondent. JOHNSON, Chief Judge. This matter is before this court on petition for a writ of certiorari to the Washington County School Board, Washington County, Florida. The...

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Imler Earthmovers, Inc. v. Schatten, N-249 (1970)

240 So. 2d 76 (1970) IMLER EARTHMOVERS, INC., Appellant, v. Emanuel SCHATTEN, Alvin Leitman, As Trustee for Donald Leitman, A.J. Bloom and David M. Carney, a Partnership Doing Business As Confederate Point Apartments, Ltd., Appellees. No. N-249. District Court of Appeal of Florida, First District. October 6, 1970. Rehearing Denied November 3, 1970. Clark, Rumph, Franson & Hutcheson, Jacksonville, for appellant. *77 Goldman, Presser, Lewis & Nussbaum, Jacksonville, for appellees. CARROLL, DONALD...

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Peterson v. State, N-237 (1970)

237 So. 2d 223 (1970) Eugene PETERSON, Appellant, v. STATE of Florida, Appellee. No. N-237. District Court of Appeal of Florida, First District. July 9, 1970. Eugene Peterson, in Pro. Per. Earl Faircloth, Atty. Gen., Wallace E. Allbritton, Asst. Atty. Gen., for appellee. SPECTOR, Judge. Appellant seeks reversal of an order denying his motion to set aside and vacate his conviction for breaking and entering with intent to commit grand larceny. Appellant's conviction, along with those of his...

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Stonom v. Wainwright, N-184 (1970)

235 So. 2d 545 (1970) J.C. STONOM, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent. No. N-184. District Court of Appeal of Florida, First District. May 26, 1970. J.C. Stonom, in pro. per. Earl Faircloth, Atty. Gen., and J. Christian Meffert, Asst. Atty. Gen., for respondent. RAWLS, Judge. By petition for writ of habeas corpus, Stonom seeks his freedom. We issued rule nisi and now act upon the State's return *546 to said rule and petitioner's...

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General Guaranty Insurance Company v. Broxsie, N-168 (1970)

239 So. 2d 595 (1970) GENERAL GUARANTY INSURANCE COMPANY, a Florida Corporation, Appellant, v. Gertrude Delores BROXSIE, Appellee. No. N-168. District Court of Appeal of Florida, First District. October 1, 1970. *596 Helen C. Ellis, of Kean, O'Kelley & Spitz, Tallahassee, for appellant. Robert C. Dean, Law Offices of John A. Rudd, Tallahassee, for appellee. WIGGINTON, Judge. Defendant has appealed a final declaratory judgment rendered in favor of plaintiff which found and adjudged that...

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State v. O'Steen, M-91 (1970)

238 So. 2d 434 (1970) STATE of Florida, Appellant, v. Boy Elijah O'STEEN, Appellee. No. M-91. District Court of Appeal of Florida, First District. August 13, 1970. *435 Earl Faircloth, Atty. Gen., and J. Christian Meffert, Asst. Atty. Gen., for appellant. A.C. Soud, Jr., Jacksonville, for appellee. JOHNSON, Chief Judge. The facts leading up to the arrest and search and seizure forming the basis of the 15 informations filed against this defendant may be narrowed down to the following statement...

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Bickerstaff v. Frazier, M-83 (1970)

232 So. 2d 190 (1970) John M. BICKERSTAFF, Appellant, v. Donald B. FRAZIER and Saarnell G. Frazier, His Wife, Appellees. No. M-83. District Court of Appeal of Florida. First District. February 3, 1970. Howell & Deas, Jacksonville, for appellant. Clark, Rumph, Franson & Hutcheson, Jacksonville, for appellees. PER CURIAM. Plaintiff seeks review by interlocutory appeal of an order granting defendants' petition for rehearing rendered subsequent to final judgment in a suit to foreclose a lien for...

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State v. Matney, M-82 (1970)

236 So. 2d 166 (1970) STATE of Florida, Appellant, v. James Eugene MATNEY, Leo Charles Schuty a/K/a Leo Dean Welsh, and Susan Lind Hyers a/K/a Susan F. Matney, Appellees. No. M-82. District Court of Appeal of Florida, First District. June 9, 1970. Rehearing Denied June 30, 1970. E. Allbritton, Asst. Atty. Gen., for appel- E. Allbritton, Asst. Atty. Gen. for appellant. Joseph A. St. Ana, Jacksonville, for appellees. WIGGINTON, Judge. The State of Florida seeks appellate review of an order...

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Lee v. State, M-60 (1970)

239 So. 2d 136 (1970) Wilbur Harry LEE, Appellant, v. STATE of Florida, Appellee. No. M-60. District Court of Appeal of Florida, First District. July 28, 1970. *137 Wayne E. Ripley, Jacksonville, for appellant. Earl Faircloth, Atty. Gen., and Horace A. Knowlton, III, Asst. Atty. Gen., for appellee. JOHNSON, Chief Judge. This is an appeal from a judgment of guilty of murder in the second degree and sentence of 20 years, based upon a jury verdict of guilty. Post-conviction relief was denied. The...

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