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District Court of Appeal of Florida

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Devard v. State, Case No. 87-455 (1987)

504 So. 2d 28 (1987) Doris DEVARD, Appellant, v. STATE of Florida, Appellee. Case No. 87-455. District Court of Appeal of Florida, Second District. March 11, 1987. *29 PER CURIAM. Doris Devard appeals from the summary denial of her motion for postconviction relief. Of the three issues raised in Devard's motion, two are facially insufficient and the trial court properly denied relief on those grounds. However, the third point raised, if true, might entitle Devard to relief. She states that she...

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Bellinger v. State, Case No. 86-265 (1987)

513 So. 2d 732 (1987) Isiah BELLINGER, Appellant, v. The STATE of Florida, Appellee. Case No. 86-265. District Court of Appeal of Florida, Third District. September 29, 1987. Bennett H. Brummer, Public Defender, and Gitlitz, Keegan & Dittmar and James D. Keegan, Sp. Asst. Public Defender, for appellant. Robert A. Butterworth, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellee. Before HUBBART, FERGUSON and JORGENSON, JJ. ON MOTION FOR REHEARING PER CURIAM. Affirmed. Mulvey v....

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Mims v. Miller, Case No. 86-2129 (1987)

513 So. 2d 1120 (1987) Angela B. MIMS, Appellant, v. William Alexander MILLER and Sybel A. Husband, Appellees. Case No. 86-2129. District Court of Appeal of Florida, Second District. October 16, 1987. Edward M. Chew and Walter Heinrich, of de la Parte, Gilbert & Gramovot, P.A., Tampa, for appellant. *1121 William R. Platt, Tampa, for appellees. FRANK D. UPCHURCH, Jr., Associate Judge. This is an appeal from a nonfinal order denying a motion to vacate a default. Eva Maree Whidden died leaving...

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Cahill v. State, Case No. 85-2832 (1987)

505 So. 2d 1113 (1987) Robert W. CAHILL, Appellant, v. STATE of Florida, Appellee. Case No. 85-2832. District Court of Appeal of Florida, Second District. April 22, 1987. *1114 James Marion Moorman, Public Defender and W.H. Pasch, Asst. Public Defender, Bartow, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee. RYDER, Acting Chief Judge. Once again, we are called upon to review a departure from the sentencing guidelines'...

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Robinson v. State, BT-8 (1987)

516 So. 2d 20 (1987) Alexander ROBINSON, III, Appellant, v. STATE of Florida, Appellee. No. BT-8. District Court of Appeal of Florida, First District. November 13, 1987. Rehearing Denied December 11, 1987. Alexander Robinson, III, pro se. No appearance for appellee. NIMMONS, Judge. Robinson appeals from an order denying his Fla.R.Crim.P. 3.850 motion. His motion asserted two grounds: (1) his confession, which was introduced at his trial, was involuntarily given; and (2) his attorney was...

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Diaz v. Florida Dept. of Corrections, BT-62 (1987)

511 So. 2d 669 (1987) Enrique J. DIAZ, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee. No. BT-62. District Court of Appeal of Florida, First District. August 5, 1987. On Motion for Relief September 1, 1987. Richard A. Belz, Florida Institutional Legal Services, Inc., Gainsville, for appellant. Robert A. Butterworth, Atty. Gen., and Allen R. Grossman, Asst. Atty. Gen., for appellee. ON MOTION TO DISMISS PER CURIAM. This is an appeal from a final order of a hearing officer, Division of...

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Wyman v. Robbins, BT-60 (1987)

513 So. 2d 230 (1987) Larry WYMAN, Appellant, v. Richard ROBBINS, and Ann Robbins, His Wife, Appellees. No. BT-60. District Court of Appeal of Florida, First District. September 29, 1987. *231 John R. Darin, II, of Cameron, Marriott, Walsh & Hodges, Orlando, for appellant. Jerry W. Gerde, Panama City, for appellees. MILLS, Judge. Appellees, Richard and Ann Robbins, sued appellant, Larry Wyman, for trespass. They alleged that Wyman, who operated a tree removal business, cut trees on their...

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STATE, DEPT. OF ENVIRON. REGULATION v. CP Developers, Inc., BT-151 (1987)

512 So. 2d 258 (1987) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellant v. C.P. DEVELOPERS, INC., Appellee. No. BT-151. District Court of Appeal of Florida, First District. August 24, 1987. Douglas H. MacLaughlin, Asst. Gen. Counsel, State of Fla. Dept. of Environmental Regulation, Tallahassee, for appellant. Frank E. Matthews and Kathleen L. Blizzard, of Hopping, Boyd, Green & Sams, Tallahassee, for appellee. *259 JOANOS, Judge. The Florida Department of Environmental...

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Zebouni v. Toler, BT-128 (1987)

513 So. 2d 784 (1987) Salem G. ZEBOUNI, Petitioner, v. Phillip L. TOLER, Respondent. No. BT-128. District Court of Appeal of Florida, First District. October 12, 1987. Herbert R. Kanning and Jack W. Shaw, Jr., of Mathews, Osborne, McNatt, Gobelman & Cobb, Jacksonville, for petitioner. W. Thomas Copeland of Simpson & Mattson, Jacksonville Beach, for respondent. NIMMONS, Judge. In a suit for an accounting and other relief, defendant/petitioner, Zebouni, seeks certiorari review of a discovery...

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DJG v. State, BS-97 (1987)

524 So. 2d 1024 (1987) D.J.G., a Child, Appellant, v. STATE of Florida, Appellee. No. BS-97. District Court of Appeal of Florida, First District. December 9, 1987. Rehearing Denied January 8, 1988. *1025 Michael E. Allen, Public Defender, Maria Ines Suber, Asst. Public Defender, Tallahassee, for appellant. Robert A. Butterworth, Atty. Gen., and Bradford L. Thomas, Asst. Atty. Gen., Tallahassee, for appellee. ZEHMER, Judge. D.J.G., a juvenile, appeals his conviction and sentence on a delinquency...

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Eisner v. Eisner, BS-8 (1987)

513 So. 2d 673 (1987) Louis Beryl EISNER, Appellant, v. Ruth Sidonie Cohn EISNER, Appellee. No. BS-8. District Court of Appeal of Florida, First District. July 20, 1987. Rehearing Denied September 21, 1987. *674 Dennis M. Flath, of Flath & Ruff, Gainesville, for appellant. Allison E. Folds, of Watson, Folds, Steadham, Christmann, Brashear & Tovkach, Gainesville, for appellee. ZEHMER, Judge. The husband appeals an award of child support contained in a final judgment of dissolution of marriage....

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Rogers v. State, BS-66 (1987)

510 So. 2d 1230 (1987) Bruce D. ROGERS, Appellant, v. STATE of Florida, Appellee. No. BS-66. District Court of Appeal of Florida, First District. August 13, 1987. Bruce D. Rogers, pro se. Robert A. Butterworth, Atty. Gen., and Patricia Conner, Asst. Atty. Gen., Tallahassee, for appellee. JOANOS, Judge. Appellant seeks review of the trial court's summary denial of his motion for *1231 post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse in part, and...

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Buckley v. DEPT. OF HEALTH & REHAB. SERV., BS-58 (1987)

516 So. 2d 1008 (1987) Renee BUCKLEY, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, District I, Escambia County Afdc and Medically Needy Unit, Appellee. No. BS-58. District Court of Appeal of Florida, First District. November 24, 1987. Rehearing Denied January 19, 1988. *1009 Warren R. Ross, Northwest Florida Legal Services, Inc., Pensacola, for appellant. Rodney M. Johnson, Dept. of Health and Rehabilitative Services, Pensacola, for appellee. ZEHMER, Judge. Renee Buckley...

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Franklin v. State, BS-52 (1987)

515 So. 2d 400 (1987) Arthur O'Derrell FRANKLIN, Appellant, v. STATE of Florida, Appellee. No. BS-52. District Court of Appeal of Florida, First District. November 13, 1987. Michael E. Allen, Public Defender, Carl S. McGinnes, Asst. Public Defender, for appellant. No appearance for appellee. NIMMONS, Judge. We affirm the judgments and sentences but remand for correction of the amount of credit for time served. Appellant was initially convicted and sentenced for the commission of five felony...

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BEE GEE SHRIMP, INC v. Carreras, BS-472 (1987)

516 So. 2d 1121 (1987) BEE GEE SHRIMP, INC. and Northbrook Property & Casualty, Appellants, v. Petra CARRERAS, Appellee. No. BS-472. District Court of Appeal of Florida, First District. December 21, 1987. Richard H. Weisberg and Michael N. Hutter, of Cooper, Rissman, Weisberg, Barrett & Hurt, P.A., Orlando, for appellants. Bill McCabe, of Shepherd, McCabe and Cooley, Orlando, and Thomas Cassidy, of Smith, Cassidy, Platt & Harris, P.A., Lakeland, for appellee. WIGGINTON, Judge. This cause is...

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Woodard v. Florida State University, BS-451 (1987)

518 So. 2d 336 (1987) Wallace S. WOODARD, Appellant, v. FLORIDA STATE UNIVERSITY, Appellee. No. BS-451. District Court of Appeal of Florida, First District. December 15, 1987. Rehearing Denied January 27, 1988. Pamela L. Cooper of Meyer, Brooks and Cooper, P.A., Tallahassee, for appellant. Gerald B. Jaski, Gen. Counsel, and Sonja P. Mathews, Associate Gen. Counsel, Florida State University, Tallahassee, for appellee. THOMPSON, Judge. Woodard appeals an order denying his request for an...

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American Ins. Ass'n v. Dept. of Ins., BS-447 (1987)

518 So. 2d 1342 (1987) AMERICAN INSURANCE ASSOCIATION, et al., Appellants, v. DEPARTMENT OF INSURANCE, Appellee. No. BS-447. District Court of Appeal of Florida, First District. December 29, 1987. Rehearing Denied February 5, 1988. *1343 Frederick B. Karl and Thomas J. Maida of Karl, McConnaughhay, Roland & Maida, Tallahassee, and Vincent J. Rio, III of Taylor, Day & Rio, Jacksonville, for appellants. John E. Hale, Div. of Legal Services, Dept. of Insurance, Tallahassee, for appellee. THOMPSON,...

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Morris v. CA Meyer Paving & Const., BS-416 (1987)

516 So. 2d 302 (1987) James MORRIS, Appellant, v. C.A. MEYER PAVING & CONSTRUCTION AND CNA Insurance Company, Appellees. No. BS-416. District Court of Appeal of Florida, First District. December 1, 1987. Rehearing Denied January 8, 1988. *303 Michael M. O'Brien and William T. Roshko, of O'Brien & Hooper, Orlando, for appellant. Rex A. Hurley, of Zimmerman, Shuffield, Kiser & Sutcliffe, Orlando, for appellees. ZEHMER, Judge. We have for review a workers' compensation order denying permanent...

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Hope v. State, BS-401 (1987)

513 So. 2d 217 (1987) Jerry Wayne HOPE, Appellant, v. STATE of Florida, Appellee. No. BS-401. District Court of Appeal of Florida, First District. September 23, 1987. *218 Michael Allen, Public Defender, and P. Douglass Brinkmeyer, Asst. Public Defender, for appellant. Robert A. Butterworth, Atty. Gen., and Beverly Berry, Asst. Atty. Gen., for appellee. PER CURIAM. Appellant raised a single issue in his initial brief: Whether the probation order is illegal. Instead of filing an answer brief,...

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Hubbs v. McDonald, BS-368 (1987)

517 So. 2d 68 (1987) Jeanne HUBBS and John Hubbs, Appellants, v. Laura McDONALD and Joe McDonald, Appellees. No. BS-368. District Court of Appeal of Florida, First District. December 15, 1987. Rehearing Denied January 22, 1988. *69 Donald G. Nichols of Nichols & Nichols, Jacksonville, for appellants. Robert C. Gobelman and Jack W. Shaw, Jr. of Mathews, Osborne, McNatt, Gobelman & Cobb, Jacksonville, for appellees. PER CURIAM. Jeanne Hubbs and John Hubbs appeal an order denying their motion for...

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