Broward FL Business, Estate planning and Probate Lawyers

17-1894 S. S., A Child v. State of Florida (2018)

District Court of Appeal of Florida Filed: May 17, 2018

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-1894 _ S. S., a child, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Leon County. Robert E. Long, Judge. May 17, 2018 PER CURIAM. AFFIRMED. See Brown v. State, 428 So. 2d 250 , 252 (Fla. 1983); Bradshaw v. State, 509 So. 2d 1306 (Fla. 1st DCA 1987). LEWIS and OSTERHAUS, JJ., concur; MAKAR, J., concurs with opinion. _ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9...

15-1890 WILLIAM PAUL DABBS v. STATE OF FLORIDA (2017)

District Court of Appeal of Florida Filed: Oct. 18, 2017

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT WILLIAM PAUL DABBS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D15-1890 [October 18, 2017] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Samantha Schosberg Feuer, Judge; L.T. Case No. 11CF012022AMB. Carey Haughwout, Public Defender, and Siobhan Helene Shea, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, ..

16-1504 Theobald v. Piper Aircraft, Inc. (2016)

District Court of Appeal of Florida Filed: Dec. 21, 2016

Third District Court of Appeal State of Florida Opinion filed December 21, 2016. Not final until disposition of timely filed motion for rehearing. _ No. 3D16-1504 Lower Tribunal No. 15-9438 _ Heather Theobald, etc., et al., Appellants, vs. Piper Aircraft, Inc., et al., Appellees. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge. The Wolk Law Firm, and Michael S. Miska (Philadelphia, PA); The Fleet Law Firm, P.A., and Brad Steven Fleet, for appel..

14-0701 Guevara v. Guevara (2015)

District Court of Appeal of Florida Filed: Mar. 04, 2015

Third District Court of Appeal State of Florida Opinion filed March 4, 2015. Not final until disposition of timely filed motion for rehearing. _ No. 3D14-701 Lower Tribunal No. 13-11401 _ Hilda Guevara, Appellant, vs. Rodo Guevara, et al., Appellees. An Appeal from the Circuit Court for Miami-Dade County, Maria E. Dennis, Judge. Jay M. Levy; Ira B. Price, for appellant. Pollack & Rosen, P.A., and Mark E. Pollack, for appellees. Before WELLS, ROTHENBERG, and LAGOA, JJ. PER CURIAM. The appellant, H..

14-4649 Mark A. Ascencio v. State of Florida (2015)

District Court of Appeal of Florida Filed: Mar. 12, 2015

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MARK A. ASCENCIO, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D14-4649 STATE OF FLORIDA, Appellee. _/ Opinion filed March 12, 2015. An appeal from the Circuit Court for Columbia County. Paul S. Bryan, Judge. Mark A. Ascencio, pro se, Appellant. Pamela Jo Bondi, Attorney General, Kristen Bonjour, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. A..

14-3060 Philip Leigh v. Julie L. Jones, Sec., Fla. Dept. (2015)

District Court of Appeal of Florida Filed: Feb. 25, 2015

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA PHILIP LEIGH, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D14-3060 JULIE L. JONES, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, and DR. GONZALO AGUILAR, JACKSONVILLE MEMORIAL HOSPITAL, INDIVIDUALLY AND OFFICIALLY, Appellees. _/ Opinion filed February 25, 2015. An appeal from the Circuit Court for Leon County. Kevin J. Carroll, Judge. Philip Leigh, pro se, Appell..

15-006901 GLOBAL HOOKAH DISTRIBUTORS, INC. vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO (2015)

Division of Administrative Hearings, Florida Filed: Dec. 08, 2015

The issue in this case is whether Respondent, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco (the “Department”), appropriately and correctly assessed the taxes owed by Petitioner, Global Hookah Distributors, Inc. (“Global Hookah”), on other tobacco products (“OTP”) for the period January 1, 2013, through June 30, 2013. Global Hookah also asserts as an issue in this case whether it has a “substantial nexus” with Florida such that the Department may assess and collect taxes under the Commerce Clause of the United States Constitution. See Art. I, § 9, U.S. Const. Unless otherwise stated herein, all references to Florida Statutes shall be to the 2016 codification.Petitioner proved that the tax assessment by the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, was not correct.

16-003160RU GRABBA-LEAF, LLC vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO (2016)

Division of Administrative Hearings, Florida Filed: Jun. 08, 2016

The issue is whether the Respondent has made a statement regarding the taxability of “whole leaf, non-homogenized” cigar wraps that meets the definition of a rule, without adopting the statement as a rule, as required by sections 120.54 and 120.56(4), Florida Statutes (2016).1/DBPR statement that "non-homogenized whole leaf tobacco wraps" meets statutory definition of "loose tobacco suitable for smoking" is not a rule.

16-003105RU GLOBAL HOOKAH DISTRIBUTORS, INC. vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO (2016)

Division of Administrative Hearings, Florida Filed: Jun. 06, 2016

The issue in this case is whether Respondent, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco (the “Department”), is operating under an unadopted rule in its application of sections 210.276 and 210.30, Florida Statutes, which impose a surcharge and an excise tax, respectively, on tobacco products other than cigarettes or cigars, commonly known as other tobacco products (“OTP”), by utilization of “best available information” in lieu of actual documents submitted by the taxpayer when performing audits to establish a tax assessment. Unless otherwise stated herein, all references to Florida Statutes shall be to the 2016 codification.There is no proof that the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, relied upon an unadopted rule.

19-001057F GRABBA-LEAF, LLC vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO (2019)

Division of Administrative Hearings, Florida Filed: Feb. 27, 2019

The amount of attorneys’ fees and costs to be assessed against Respondent, to be paid to Petitioner pursuant to section 120.595(4), Florida Statutes, and the First District Court of Appeal’s Order of Remand.Attorney's fees/costs assessed for administrative hearing and appeal per parties' stipulation for successful unadopted rule challenge.

Gerald J Donnini, II