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District Court of Appeal of Florida

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Davis v. Snyder, Case No. 96-00483 (1996)

681 So. 2d 1191 (1996) Kent W. DAVIS, as Personal Representative of the Estate of Betty M. Snyder, deceased, Appellant, v. Kelli SNYDER, Appellee. Case No. 96-00483. District Court of Appeal of Florida, Second District. October 23, 1996. *1192 Kent W. Davis of Foster & Davis, St. Petersburg, for Appellant. Gerald L. Pickett of Gerald L. Pickett, P.A., Inverness, for Appellee. SCHEB, JOHN M. (Senior) Judge. This appeal presents the issue of whether a decedent's devise of her homestead to her...

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St. Surin v. St. Surin, Case No. 96-00038 (1996)

684 So. 2d 243 (1996) Antonio ST. SURIN, Appellant, v. Marie C. ST. SURIN, Appellee. Case No. 96-00038. District Court of Appeal of Florida, Second District. December 4, 1996. *244 James H. Harris, Tampa, for Appellant. James R. Nieset, St. Petersburg, for Appellee. PATTERSON, Acting Chief Judge. Antonio St. Surin (the husband) appeals from an order denying his motion for relief from default final judgment in this dissolution of marriage action. We reverse and remand for an evidentiary hearing....

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Clark v. State, Case No. 95-00148 (1996)

670 So. 2d 1056 (1996) Noel D. CLARK, Appellant, v. STATE of Florida, Appellee. Case No. 95-00148. District Court of Appeal of Florida, Second District. March 15, 1996. John Charles Coleman, Fort Myers, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Patricia J. Hakes, Assistant Attorney General, Tampa, for Appellee. PATTERSON, Acting Chief Judge. Noel Clark appeals from his conviction for theft of trade secrets in violation of section 812.081, Florida Statutes (1993)....

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Clark v. State, Case No. 94-03369 (1996)

670 So. 2d 1061 (1996) Bobby Charles CLARK, Appellant, v. STATE of Florida, Appellee. Case No. 94-03369. District Court of Appeal of Florida, Second District. March 15, 1996. *1062 James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Patricia A. McCarthy, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Bobby Charles Clark appeals his conviction for...

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Merritt v. Promo Graphics, Inc., 96-994 (1996)

679 So. 2d 1277 (1996) Jay Leslie MERRITT, Appellant, v. PROMO GRAPHICS, INC., Riscorp, Kelly Electric and Feisco, Appellees. No. 96-994. District Court of Appeal of Florida, Fifth District. September 20, 1996. Dennis J. Hunter, Altamonte Springs, for Appellant. Frank Wesighan, Ava F. Tunstall, and Alan Kalinoski, of Dean, Ringers, Morgan and Lawton, Orlando, for Appellees Promo Graphics, Inc. and Riscorp. Walter Benjamin of Rissman, Weisberg, Barrett, Hurt, Donahue and McClain, P.A., Orlando,...

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Kingsley v. State, 96-987 (1996)

682 So. 2d 641 (1996) James KINGSLEY, Appellant, v. STATE of Florida, Appellee. No. 96-987. District Court of Appeal of Florida, Fifth District. November 1, 1996. James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Hall, Assistant Attorney General, Daytona Beach, for Appellee. GOSHORN, Judge. James Kingsley appeals the final judgment and sentence entered following a...

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Zygadlo v. State, 96-984 (1996)

676 So. 2d 1015 (1996) Dale A. ZYGADLO, Appellant, v. STATE of Florida, Appellee. No. 96-984. District Court of Appeal of Florida, Fifth District. June 21, 1996. *1016 Dale A. Zygadlo, Belle Glade, pro se. Robert A. Butterworth, Attorney General, Tallahassee, and Michael D. Crotty, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Dale A. Zygadlo appeals from a summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) seeking to correct an...

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Fellman v. State, 96-982 (1996)

673 So. 2d 155 (1996) Daniel R. FELLMAN, Appellant, v. STATE of Florida, Appellee. No. 96-982. District Court of Appeal of Florida, Fifth District. May 14, 1996. *156 Daniel R. Fellman, Brooksville, pro se. Robert A. Butterworth, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for appellee. W. SHARP, Judge. This is an appeal of the summary denial of a Rule 3.850 motion. Appellant claims that the trial court failed to properly award credit for the...

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Andino v. State, 96-98 (1996)

676 So. 2d 493 (1996) David Miranda ANDINO, Appellant, v. STATE of Florida, Appellee. No. 96-98. District Court of Appeal of Florida, Fifth District. June 28, 1996. James B. Gibson, Public Defender, and S.C. Van Voorhees, Assistant Public Defender, Daytona Beach, for Appellant. No Appearance for Appellee. HARRIS, Judge. In this Anders appeal, we affirm the judgments and sentences imposed in each case, but strike the imposition of public defender's fees because the record does not establish that...

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State v. Tinsley, 96-966 (1996)

683 So. 2d 1089 (1996) STATE of Florida, Appellant, v. Deleon Franklin TINSLEY, Appellee. No. 96-966. District Court of Appeal of Florida, Fifth District. November 15, 1996. Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellant. James M. Sowell, Jr., Leesburg, for Appellee. W. SHARP, Judge. The state appeals from the trial court's order which granted Tinsley's motion filed pursuant to rule 3.800 by reducing his...

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Beckles v. State, 96-965 (1996)

679 So. 2d 892 (1996) John BECKLES, Appellant, v. The STATE of Florida, Appellee. No. 96-965. District Court of Appeal of Florida, Third District. October 2, 1996. Jerrard B. Cutrone, Miami, for appellant. Robert A. Butterworth, Attorney General and Sylvie Perez Posner, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and COPE and FLETCHER, JJ. CONFESSION OF ERROR PER CURIAM. In taking Beckles's nolo plea, the trial court did not, as Florida Rule of Criminal Procedure 3.172(c)(8)...

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Miller v. State, 96-949 (1996)

678 So. 2d 465 (1996) Johnny MILLER, Appellant, v. The STATE of Florida, Appellee. No. 96-949. District Court of Appeal of Florida, Third District. August 14, 1996. *466 Bennett H. Brummer, Public Defender and Craig J. Trocino, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General and Sylvie Perez Posner, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and JORGENSON and GODERICH, JJ. ON MOTION FOR REHEARING SCHWARTZ, Chief Judge. In 1992, Miller pled...

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PWG v. State, 96-944 (1996)

682 So. 2d 1203 (1996) P.W.G., A Child, Appellant, v. STATE of Florida, Appellee. No. 96-944. District Court of Appeal of Florida, First District. November 13, 1996. *1204 Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant. Robert A. Butterworth, Attorney General; Stephen R. White, Assistant Attorney General, Tallahassee, for Appellee. WEBSTER, Judge. Appellant seeks review of an order adjudicating him a delinquent child and...

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JL v. State, 96-944 (1996)

684 So. 2d 883 (1996) J.L., a Juvenile, Appellant, v. The STATE of Florida, Appellee. No. 96-944. District Court of Appeal of Florida, Third District. December 18, 1996. *884 Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Mark Rosenblatt, Assistant Attorney General, for appellee. Before JORGENSON, GERSTEN and GODERICH, JJ. PER CURIAM. J.L. appeals from an order of restitution requiring him to...

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SR v. State, 96-943 (1996)

683 So. 2d 576 (1996) In the Interest of S.R., a child, Appellant, v. STATE of Florida, Appellee. No. 96-943. District Court of Appeal of Florida, First District. November 7, 1996. Rehearing Denied December 27, 1996. Nancy A. Daniels, Public Defender, Tallahassee, for Appellant. Robert A. Butterworth, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. A juvenile court found appellant guilty of battery on a law enforcement officer and of...

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STATE, DEPT. OF REVENUE BY TAYLOR v. David, 96-920 (1996)

684 So. 2d 308 (1996) STATE of Florida, DEPARTMENT OF REVENUE By and on Behalf of Betty Ann TAYLOR, Appellant, v. Michael R. DAVID, Appellee. No. 96-920. District Court of Appeal of Florida, First District. December 17, 1996. Joseph R. Boyd and William H. Branch of Boyd, Lindsey, Williams & Branch, Tallahassee; Chriss Walker of Department of Revenue, Office of Child Support Enforcement, Tallahassee, for Appellant. Michael R. David, Appellee Pro Se. PER CURIAM. This is an appeal of a final order...

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Brye v. State, 96-914 (1996)

677 So. 2d 1357 (1996) Grady R. BRYE, Sr., Appellant, v. STATE of Florida, Appellee. No. 96-914. District Court of Appeal of Florida, First District. August 12, 1996. No brief filed for Appellant. No brief filed for Appellee. MICKLE, Judge. Appellant seeks review of the trial court's order denying his motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of appellant's claim that his sentence is illegal in that certain uncounseled...

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Singletary v. Jones, 96-894 (1996)

681 So. 2d 836 (1996) Harry K. SINGLETARY, Secretary for Florida Department of Corrections, Appellant, v. Johnny Jay JONES, Appellee. No. 96-894. District Court of Appeal of Florida, First District. October 16, 1996. *837 Judy Bone of Department of Corrections, Tallahassee, for Appellant. Johnny Jay Jones, Raiford, Pro Se. EN BANC ALLEN, Judge. The Department of Corrections (the department) appeals an order by which it was compelled to restore a prison inmate's gain time, based on this court's...

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Bolanos v. Metropolitan Dade County, 96-84 (1996)

677 So. 2d 1005 (1996) Mireya BOLANOS, Appellant, v. METROPOLITAN DADE COUNTY, Appellee. No. 96-84. District Court of Appeal of Florida, Third District. August 14, 1996. James D. McMaster, West Palm Beach, for appellant. Robert A. Ginsburg, Dade County Attorney and Warren F.X. Smith, Assistant County Attorney, for appellee. Before GODERICH, GREEN, and FLETCHER, JJ. PER CURIAM. Mireya Bolanos appeals an adverse summary judgment entered in her action against Metropolitan Dade County for false...

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State v. Baxley, 96-830 (1996)

684 So. 2d 831 (1996) STATE of Florida, Appellant, v. Michael BAXLEY, Appellee. No. 96-830. District Court of Appeal of Florida, Fifth District. November 8, 1996. Rehearing Denied December 26, 1996. *832 Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellant. Ronald E. Fox, Umatilla, for Appellee. HARRIS, Judge. The issue in this case is whether one who deals in tablets containing controlled substance, each tablet...

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