254 So. 2d 402 (1971) STATE of Florida, Appellant, v. David Charles SMITH, Jr., and Alphonso Figgers, Appellees. No. Q-178. District Court of Appeal of Florida, First District. November 18, 1971. Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellant. *403 Wilfred C. Varn, and E.C. Deeno Kitchen, of Ervin, Pennington, Varn & Jacobs, Tallahassee, for appellees. RAWLS, Judge. Defendants have been indicted for first degree murder and are now awaiting trial. Upon...
254 So. 2d 406 (1971) Bruce Merrill McPHEE, Appellant, v. STATE of Florida, Appellee. No. P-72. District Court of Appeal of Florida, First District. November 16, 1971. *407 Richard W. Ervin, III, Public Defender, and Vera Winter Lee, Asst. Public Defender, for appellant. Robert L. Shevin, Atty. Gen., and William W. Herring, Asst. Atty. Gen., for appellee. WIGGINTON, Judge. Appellant seeks reversal of a judgment of conviction and sentence based upon a jury verdict finding him guilty of the...
252 So. 2d 389 (1971) DEEL MOTORS, INC., et al., Petitioners, v. DEPARTMENT OF COMMERCE of the State of Florida, and Edward L. Mead, et al., As Trustees of the Automotive Industries of Florida Self Insurers Fund, et al., Respondents. No. P-31. District Court of Appeal of Florida, First District. September 21, 1971. *391 Truett & Watkins, Tallahassee, for petitioners. F. Perry Odom and N. Sanders Sauls, of Ervin, Pennington, Varn & Jacobs, Tallahassee, for respondents. WIGGINTON, Judge....
256 So. 2d 25 (1971) Mary Catherine LOURCEY, Appellant, v. Joseph Justin LOURCEY, Appellee. No. P-270. District Court of Appeal of Florida, First District. December 30, 1971. *26 Barry L. Zisser, Jacksonville, for appellant. No appearance for appellee. JOHNSON, Judge. This is an interlocutory appeal from an order of the Circuit Court of Duval County, Florida, modifying a final judgment by reducing the sums of money for support of minor children as originally stipulated to and ordered in the...
251 So. 2d 887 (1971) DAIRYLAND INSURANCE COMPANY, Petitioner, v. Ruby McKENZIE et al., Respondents. No. P-269. District Court of Appeal of Florida, First District. September 2, 1971. *888 Truett & Watkins, Tallahassee, for petitioner. M. Howard Williams, Tallahassee, for respondents. WIGGINTON, Judge. Petitioner seeks review by common law certiorari of an interlocutory order rendered in a law action in which respondent McKenzie seeks a judgment for damages resulting from the alleged negligent...
252 So. 2d 290 (1971) Marve Alan DUBIN, Petitioner, v. DEPARTMENT OF BUSINESS REGULATION of the State of Florida, Respondent. No. P-158. District Court of Appeal of Florida, First District. September 14, 1971. *291 Herbert L. Heiken, Miami, for petitioner. J. Riley Davis, Tallahassee, for respondent. SPECTOR, Chief Judge. This is a certiorari proceeding to review an order by the respondent affirming a decision of the Division of Pari-Mutuel Wagering denying petitioner a license to own and train...
251 So. 2d 552 (1971) The READER'S DIGEST ASSOCIATION, d/b/a Reader's Digest, a Foreign Corporation Not Permitted to Do Business in the State of Florida, Appellant, v. STATE of Florida On the Relation of Doyle CONNER, Commissioner of Agriculture of the State of Florida, et al., Appellees. No. P-131. District Court of Appeal of Florida, First District. August 17, 1971. Rehearing Denied September 9, 1971. *553 Ausley, Ausley, McMullen, McGehee & Carothers, Tallahassee, for appellant. Robert L....
255 So. 2d 533 (1971) Willie Clyde FOSTER, Appellant, v. STATE of Florida, Appellee. No. P-117. District Court of Appeal of Florida, First District. December 7, 1971. Rehearing Denied December 30, 1971. Richard W. Ervin, III, Public Defender; and Vera Winter Lee, Asst. Public Defender, for appellant. Robert L. Shevin, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee. CARROLL, DONALD K., Acting Chief Judge. The appellant was tried and convicted of the crimes of breaking and...
255 So. 2d 294 (1971) Gwendolyn Anne SMITH, Appellant, v. Billie Ray LANGFORD, Appellee. No. P-113. District Court of Appeal of Florida, First District. December 9, 1971. *295 Scruggs, Carmichael, Tomlinson, Roscow & Pridgeon, Gainesville, for appellant. Bates & Brown, Gainesville, for appellee. WIGGINTON, Judge. Plaintiff seeks appellate review of a final judgment dismissing her complaint without prejudice. The judgment recites as ground for the dismissal a lack of jurisdiction by the court...
247 So. 2d 517 (1971) GREENHUT CONSTRUCTION COMPANY, INC., a Florida Corporation, Appellant, v. HENRY A. KNOTT, INC., Reubin O'd. Askew, Governor of the State of Florida, Richard B. Stone, Secretary of State of the State of Florida, Robert L. Shevin, Attorney General of the State of Florida, Floyd T. Christian, Commissioner of Education of the State of Florida, Doyle E. Conner, Commissioner of Agriculture of the State of Florida, Fred O. Dickinson, Jr., Comptroller of the State of Florida, and...
251 So. 2d 565 (1971) James Edward STEVENS, Appellant, v. STATE of Florida, Appellee. No. O-86. District Court of Appeal of Florida, First District. August 19, 1971. *566 John Paul Howard, Jacksonville, for appellant. Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee. RAWLS, Judge. Appellant's primary point on this appeal from a conviction of the crime of rape is that the testimony of police officers present at a lineup wherein the victim and another witness...
250 So. 2d 287 (1971) Grace F. CLEMENTS, Appellant, v. David T. PLUMMER, D/B/a Dave Plummer Construction Company, and Glens Falls Insurance Company, a Florida Corporation, Appellees. No. O-79. District Court of Appeal of Florida, First District. July 8, 1971. William E. Scheu, Jr., of Ulmer, Murchison, Ashby & Ball, Jacksonville, for appellant. Thomas K. McKee, Jr., Jacksonville, for appellees. CARROLL, DONALD K., Judge. The plaintiff in an action for damages has appealed from an adverse final...
248 So. 2d 501 (1971) Reubin O'D. ASKEW, As Governor of the State of Florida et al., Appellants, v. Donald D. BELL et al., Appellees. No. O-67. District Court of Appeal of Florida, First District. May 25, 1971. Robert L. Shevin, Atty. Gen., and W.E. Bishop, Jr., Asst. Atty. Gen., for appellants. Hall, Hartwell, Michaels & Hall, Tallahassee, for appellees. JOHNSON, Chief Judge. The appellants appeal from a declaratory judgment and an order on rehearing determining that the purchase of...
255 So. 2d 536 (1971) FIRST AMERICAN FARMS, INC., a Corporation, Appellant, v. MARDEN MANUFACTURING COMPANY, a Partnership, Appellee. No. O-446. District Court of Appeal of Florida, First District. December 9, 1971. Rehearing Denied January 4, 1972. *537 Barrow & Holley, Crestview, for appellant. Clyde B. Wells, De Funiak Springs, for appellee. JOHNSON, Judge. First American Farms, Inc., appeals from a final judgment, entered pursuant to a jury verdict, ordering it to pay appellee the sum of $...
251 So. 2d 672 (1971) STATE of Florida, Appellant, v. R.E.F., a Juvenile, Appellee. No. O-416. District Court of Appeal of Florida, First District. August 17, 1971. *673 Robert L. Shevin, Atty. Gen., and Nelson E. Bailey, Asst. Atty. Gen., and John W. Tanner, Holly Hill, for appellant. Thomas Goldsmith, Elliott & Tindell, Daytona Beach, for appellee. WIGGINTON, Judge. The State of Florida appeals a final judgment rendered by the Circuit Court of Volusia County which dismissed with prejudice a...
255 So. 2d 291 (1971) John RANERI, Appellant, v. STATE of Florida, Appellee. No. O-380. District Court of Appeal of Florida, First District. December 9, 1971. *292 Dan R. Warren, of Judge & Warren, Daytona Beach, for appellant. Robert L. Shevin, Atty. Gen., and William W. Herring, Asst. Atty. Gen., for appellee. JOHNSON, Judge. Appellant was adjudged guilty and sentenced to ten years imprisonment for the offense of third degree murder after a jury trial on charges of second degree murder. As...
251 So. 2d 283 (1971) Benjamin MARTIN, Appellant, v. STATE of Florida, Appellee. No. O-361. District Court of Appeal of Florida, First District. August 17, 1971. Richard W. Ervin, III, Public Defender, and Robert P. Davidow, Sp. Asst. Public Defender, for appellant. Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee. PER CURIAM. Defendant appeals judgments of conviction and sentences of the following crimes, viz.: Possession of heroin on May 13, 1970; Sale of...
254 So. 2d 364 (1971) WILLIAM MURRAY BUILDERS, INC., a Florida Corporation, Appellant, v. CITY OF JACKSONVILLE, a Political Subdivision of the State of Florida, Appellee. No. O-356. District Court of Appeal of Florida, First District. November 9, 1971. Rehearing Denied December 3, 1971. *365 Dawson, Galant, Maddox, Boyer, Sulik & Nichols and Harold B. Haimowitz, Jacksonville, for appellant. James C. Rinaman, Jr., David U. Tumin and Thomas D. Oakley, Jacksonville, for appellee. JOHNSON, Judge....
246 So. 2d 117 (1971) HOME NEWS PUBLISHING COMPANY, a Corporation, Etc., et al., Appellants, v. U-M PUBLISHING, INC., a Corporation, Appellee. No. O-333. District Court of Appeal of Florida, First District. February 25, 1971. Horton & Schwartz, and Anthony F. Barone, Miami, for appellants. Glickstein, Crenshaw, Glickstein, Fay & Allen, Jacksonville, for appellee. ON MOTION TO DISMISS WIGGINTON, Acting Chief Judge. Appellants, who were defendants in the trial court in this action at law for...
250 So. 2d 15 (1971) Leroy THOMAS, Appellant, v. STATE of Florida, Appellee. No. O-331. District Court of Appeal of Florida, First District. July 1, 1971. Louis O. Frost, Jr., Public Defender, and Gerald Sohn, Asst. Public Defender, for appellant. Robert L. Shevin, Atty. Gen., Michael J. Minerva and Joseph W. DeMember, Asst. Attys. Gen., for appellee. SPECTOR, Chief Judge. Appellant seeks reversal of a conviction upon a trial by jury on charges of carrying a concealed firearm. The sole point...
