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Askew v. Gables-By-The-Sea, Inc., Z-92 (1976)

333 So. 2d 56 (1976) Reubin O'D. ASKEW, Governor of the State of Florida, et al., Appellants, v. GABLES-BY-THE-SEA, INC., a Florida Corporation, Appellee. No. Z-92. District Court of Appeal of Florida, First District. June 3, 1976. *57 Ross A. McVoy, Dept. of Environmental Regulation, Tallahassee, Robert L. Shevin, Atty. Gen., and Kenneth F. Hoffman, Asst. Atty. Gen., for appellants. Marion E. Sibley of Sibley, Giblin, Levenson & Ward, Miami Beach, for appellee. PER CURIAM. This controversy...

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Scott v. Premium Development, Inc., Z-82 (1976)

328 So. 2d 557 (1976) W.R. SCOTT, d/b/a International Engineers, Appellant, v. PREMIUM DEVELOPMENT, INC., Appellee. No. Z-82. District Court of Appeal of Florida, First District. March 23, 1976. *558 Robert B. Staats of Staats & Nabors, Panama City, for appellant. Marvin A. Urquhart, Jr., of Urquhart & Austin, Panama City, for appellee. SMITH, Judge. By default a judgment was entered against Scott canceling his recorded mechanics lien under § 713.21(4), F.S. 1973, declaring it fraudulent under §...

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Blitch v. Blitch, Z-79 (1976)

341 So. 2d 251 (1976) Peggy BLITCH, Appellant (Petitioner), v. James E. BLITCH, Appellee (Respondent). No. Z-79. District Court of Appeal of Florida, First District. December 30, 1976. *252 Charles K. Ruse, Jr., Ocala, for appellant. Andrew G. Pattillo, Jr., of Pattillo, MacKay & McKeever, Ocala, for appellee. MILLS, Judge. By its final judgment dissolving the marriage between Peggy and James, the trial court determined that David Mikel Blitch, the child named in the petition, was not a child...

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Booth v. State, Z-74 (1976)

332 So. 2d 157 (1976) Charles Edward BOOTH, Appellant, v. STATE of Florida, Appellee. No. Z-74. District Court of Appeal of Florida, First District. May 24, 1976. *158 Richard W. Ervin, III, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant. Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee. SMITH, Judge. There was no error in Booth's conviction on two counts of robbery and two counts of assault with intent to commit murder in the...

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Johnson v. Town of Suwannee River, Z-6 (1976)

336 So. 2d 122 (1976) Cecil Emily JOHNSON, Appellant, v. The TOWN OF SUWANNEE RIVER, Florida, Appellee. No. Z-6. District Court of Appeal of Florida, First District. July 13, 1976. Rehearing Denied September 1, 1976. Albert C. Simmons of Simmons & Langley, Chiefland, for appellant. William O. Clifton, Trenton, for appellee. *123 RAWLS, Acting Chief Judge. Pursuant to the provisions of Florida Statute 171.02 (1973), [1] appellant, Cecil Emily Johnson, owner of a substantial acreage of land...

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Babson Bros. Co. v. Allison, Z-59 (1976)

337 So. 2d 848 (1976) BABSON BROS. CO., an Illinois Corporation, Appellant, v. Virgil ALLISON d/b/a Allison Distributing Co., Appellee. No. Z-59. District Court of Appeal of Florida, First District. October 6, 1976. *849 John A. DeVault, III, of Bedell, Bedell, Ditmarr & Zehmer, Jacksonville, for appellant. David R. Lewis, of Blalock, Holbrook, Lewis, Paul & Issac, Jacksonville, for appellee. McCORD, Judge. This is an appeal from final judgment entered upon a jury verdict against appellant for $...

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Rivenbark v. Rivenbark, Z-496 (1976)

335 So. 2d 23 (1976) Charles L. RIVENBARK, Appellant, v. Norine Deep RIVENBARK, Appellee. No. Z-496. District Court of Appeal of Florida, First District. July 15, 1976. *24 Robert A. Mick, of Henry & Buchanan, Tallahassee, for appellant. Herbert T. Schwartz, of Schwartz & Dearing, Gainesville, for appellee. SMITH, Judge. The circuit court in Alachua County, the place of the wife's residence, declined to dismiss or transfer her marriage dissolution petition for improper venue. The husband urges...

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Tiller v. State, Z-488 (1976)

330 So. 2d 792 (1976) Robert Earl TILLER, Appellant, v. STATE of Florida, Appellee. No. Z-488. District Court of Appeal of Florida, First District. April 30, 1976. *793 Richard W. Ervin, III, Public Defender, and David J. Busch, Asst. Public Defender, for appellant. Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for appellee. PER CURIAM. We are bound to agree with Tiller's assertion that the marijuana seized by officers in a search of Tiller's wrecked vehicle should have...

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Dodson v. State, Z-484 (1976)

334 So. 2d 305 (1976) Harry Martin DODSON, Appellant, v. STATE of Florida, Appellee. No. Z-484. District Court of Appeal of Florida, First District. June 10, 1976. Rehearing Denied July 21, 1976. *306 Richard W. Ervin, III, Public Defender, and Douglas C. Kearney, Asst. Public Defender, for appellant. Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee. SMITH, Judge. There was weighty circumstantial evidence that Dodson committed arson by setting fire to the...

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McBride v. State, Z-478 (1976)

338 So. 2d 567 (1976) Elanor Burbank McBRIDE, Appellant, v. STATE of Florida, Appellee. No. Z-478. District Court of Appeal of Florida, First District. October 27, 1976. Robert G. Kerrigan of Kerrigan & Estess, Pensacola, for appellant. Robert L. Shevin, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., for appellee. *568 McCORD, Judge. Elanor Burbank McBride was found guilty by jury of robbery, and she appeals from the judgment and sentence. On the evening of November 8, 1974, she was riding on...

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Interest of Rlj, Z-475 (1976)

336 So. 2d 132 (1976) In the INTEREST OF R.L.J., a Child. No. Z-475. District Court of Appeal of Florida, First District. July 19, 1976. Rehearing Denied, September 1, 1976. *133 Richard W. Ervin, III, Public Defender, and Michael J. Minerva, Asst. Public Defender, Tallahassee, for appellant. Robert L. Shevin, Atty. Gen., and Andrew W. Lindsey, Asst. Atty. Gen., Tallahassee, for appellee. *134 SMITH, Judge. Wakulla County deputy sheriff Bailey asked appellant R.L.J., [1] then 14 years old, to...

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Tapscott v. State Farm Mutual Automobile Ins. Co., Z-470 (1976)

330 So. 2d 475 (1976) Margaret TAPSCOTT, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Appellee. No. Z-470. District Court of Appeal of Florida, First District. April 20, 1976. *476 Richard B. Rosier of Smalbein, Eubank, Johnson, Rosier & Bussey, Daytona Beach, for appellant. John L. Graham of Landis, Graham, French, Husfeld, Sherman & Ford, DeLand, for appellee. SMITH, Judge. Summary judgment was entered against appellant Margaret Tapscott on her claim against State Farm for personal...

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Walters v. STATE, DHRS, Z-463 (1976)

332 So. 2d 684 (1976) Wynn E. WALTERS, Petitioner, v. STATE of Florida DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, DIVISION OF HEALTH, Respondent. No. Z-463. District Court of Appeal of Florida, First District. May 28, 1976. Richard Kane of Kane & Kaufman, Daytona Beach, for petitioner. Robert M. Eisenberg and J.E. Hodges, Jacksonville, for respondent. RAWLS, Acting Chief Judge. By petition for writ of certiorari, Walters challenges an order of the Circuit Court of Volusia County...

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Williams v. Christian, Z-454 (1976)

335 So. 2d 358 (1976) James H. WILLIAMS, Secretary of the Department of Administration of the State of Florida, Appellant, v. Floyd T. CHRISTIAN, Appellee. No. Z-454. District Court of Appeal of Florida, First District. July 14, 1976. *359 Robert L. Shevin, Atty. Gen., Kenneth F. Hoffman, Asst. Atty. Gen., and L. Keith Pafford, Tallahassee, for appellant. Joseph C. Jacobs, Robert J. Angerer and E.C. Deeno Kitchen of Ervin, Varn, Jacobs & Odom, Tallahassee, for appellee. RAWLS, Acting Chief...

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Hart v. School Bd. of Wakulla County, Z-448 (1976)

340 So. 2d 121 (1976) William Ben HART, Appellant, v. SCHOOL BOARD OF WAKULLA COUNTY, Appellee. No. Z-448. District Court of Appeal of Florida, First District. December 14, 1976. Joseph C. Jacobs, Robert J. Angerer and Brian S. Duffy of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, for appellant. William F. Daniel of Cotten, Shivers, Gwynn & Daniel, Tallahassee, for appellee. SMITH, Judge. William Hart, a Wakulla county school teacher who was separated from his employment by the appellee...

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Kominsky v. State, Z-446 (1976)

330 So. 2d 800 (1976) David KOMINSKY, Appellant, v. STATE of Florida, Appellee. No. Z-446. District Court of Appeal of Florida, First District. April 30, 1976. *801 Richard W. Ervin, III, Public Defender and Louis G. Carres, Asst. Public Defender, for appellant. Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellee. RAWLS, Acting Chief Judge. Pursuant to a jury verdict, appellant was found guilty of possessing more than five grams of cannabis. The trial judge...

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Straughn v. Story, Z-434 (1976)

334 So. 2d 337 (1976) J. Ed STRAUGHN, As Executive Director of the Department of Revenue, an Agency of the State of Florida, Appellant, v. Girard H. STORY, Jr., and Doris M. Story, Appellees. No. Z-434. District Court of Appeal of Florida, First District. June 30, 1976. Robert L. Shevin, Atty. Gen., and Joseph C. Mellichamp, III, Asst. Atty. Gen., for appellant. Brown, Smith Young, Blue, Pelham & McDonnell, P.A., Tallahassee, for appellees. EASTMOORE, E.L., Associate Judge. Appellees, Girard H....

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Reeder v. Edward M. Chadbourne, Inc., Z-43 (1976)

338 So. 2d 271 (1976) Emmett REEDER, Individually and As Administrator of the Estate of T.A. Reeder, Deceased, Appellant, v. EDWARD M. CHADBOURNE, INC., and Mike Hunter, Inc., Appellees. No. Z-43. District Court of Appeal of Florida, First District. October 26, 1976. Rehearing Denied October 26, 1976. *273 Ferrin C. Campbell, Sr., Crestview, for appellant. Lynn C. Higby of Isler, Higby & Brown, Panama City, Robert D. Bell of Fisher, Hertz & Bell, Pensacola, for appellees. LEE, THOMAS E.,...

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Jones v. Jones, Z-42 (1976)

330 So. 2d 536 (1976) Herbert P. JONES, Appellant (Petitioner), v. June H. JONES, Appellee (Respondent). No. Z-42. District Court of Appeal of Florida, First District. April 20, 1976. *537 D. Michael Chesser, Fort Walton Beach, for appellant. J. LaDon Dewrell, of Dewrell & Kessler, Fort Walton Beach, for appellee. MILLS, Judge. Mr. Jones sued Mrs. Jones for dissolution of their marriage. He also asked the court to fairly and equitably dispose of property acquired by the parties during their...

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Glass v. Armstrong, Z-404 (1976)

330 So. 2d 57 (1976) Delmer L. GLASS and Estell Glass, His Wife, Appellants, v. Linda Glass ARMSTRONG, Appellee. No. Z-404. District Court of Appeal of Florida, First District. April 13, 1976. Clinton E. Foster, Panama City, for appellants. Russell R. Stewart, Panama City, for appellee. BOYER, Chief Judge. In 1973, appellants filed a petition for adoption of their three-year-old grandson which petition was denied. Two years later they filed another petition for adoption of the same child, in...

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