District Court of Appeal of Florida Court Cases

  1. Nelson v. State (1973)

    This is an appeal from an order of the Criminal Court of Record for Orange County, Florida, denying without an evidentiary hearing a motion to vacate a judgment and sentence filed by the defendant pursuant to Rule 3.850 CrPR, 33 F.S.A.

    Court: District Court of Appeal of Florida Docket: 71-1008
  2. Isley v. State (1995)

    This case reminds me of my grandmother's final warning and admonition to me and my siblings as children, when we had exhausted her patience with our doings. "Enough is enough," she would say. And that was the end of it.

    Court: District Court of Appeal of Florida Docket: 95-75
  3. MG v. State (1997)

    The trial court adjudicated the appellant guilty of battery, a misdemeanor of the first degree. The appellant at that time was fifteen years and eleven months old. The trial court ordered that she serve an unspecified period of community control as a sanction for her delinquent conduct. We have reviewed the entire record pursuant to our obligation under In re Anders Briefs, 581 So.2d 149 (Fla.1991), and find error only in the trial court's sentencing the appellant to an indeterminate period of [...]

    Court: District Court of Appeal of Florida Docket: 96-00099
  4. IT v. State (2001)

    I.T. appeals from a disposition order and delinquency adjudication of guilt for burglary of a conveyance and grand theft. We affirm the burglary adjudication, but reverse for the trial court to reduce the grand theft adjudication to petit theft.

    Court: District Court of Appeal of Florida Docket: 4D00-4162
  5. Powertel, Inc. v. Bexley (1999)

    Powertel appeals a nonfinal order denying its motion to compel arbitration. We conclude that the arbitration clause at issue is unconscionable and therefore unenforceable. Moreover, the lawsuit pending in the trial court is not subject to arbitration because it was filed before Powertel attempted to add the disputed arbitration requirement to the parties' agreement. Consequently, we affirm the trial court's determination that the parties are not required to submit the case to arbitration.

    Court: District Court of Appeal of Florida Docket: 98-2746, 98-3357
  6. Rollins, Inc. v. Butland (2006)

    Theodore R. Scarborough, Michael W. Davis, Constantine L. Trela, Jr., and Robert N. Hochman of Sidley Austin Brown & Wood LLP, Chicago, Illinois; and Douglas B. Brown of Rumberger, Kirk & Caldwell, P.A., Orlando, for Appellants.

    Court: District Court of Appeal of Florida Docket: 2D05-368
  7. Parkway Bank v. FORT MYERS ARMATURE WORK (1995)

    Parkway Bank seeks a writ of certiorari ordering the trial court to strike the demand for jury trial filed by Fort Myers Armature Works (Armature), Donald C. Cater, and Marilyn J. Cater. We conclude Parkway has not presented an issue that invokes this court's certiorari jurisdiction.

    Court: District Court of Appeal of Florida Docket: 95-00887
  8. Giles v. State (2002)

    Giles and the victim, Leon White, were engaged in a poker game when White became frustrated, stood up, and threw his cards in towards Giles. Giles stood up and struck White in the eye. After a brief struggle, they went outside and continued arguing. White picked up a beer bottle and threw it, but did not hit Giles. A witness then saw Giles go down the street and pick up a brick. White's cousin attempted to stand in between the two, but Giles swung around her and hit White in the mouth with the [...]

    Court: District Court of Appeal of Florida Docket: 4D01-3850
  9. Yisrael v. State (2006)

    Upon being found guilty of trafficking in cocaine and possession of a firearm by a convicted felon, defendant was sentenced as a habitual violent felony offender (HVFO). Without disputing the prior record conviction or the date on which he was last released from prison before the new offense, defendant objected to the form of the proof offered by the state to prove this predicate criminal history.[1] We affirm the HVFO sentence imposed[2] and recede from Sutton v. State, 929 So.2d 1105 (Fla. [...]

    Court: District Court of Appeal of Florida Docket: 4D04-2967
  10. Bared & Co., Inc. v. McGuire (1996)

    A defendant in a civil action sought a writ of common law certiorari in this court to review a pretrial order granting a protective order against taking a second, successive deposition. A panel of this court previously determined that the petition failed to show clearly that petitioner was likely to suffer irreparable harm from the order for which it would have no remedy on appeal. Petitioner then moved for clarification or reconsideration of the panel decision, wondering if our order of [...]

    Court: District Court of Appeal of Florida Docket: 95-2984
  11. McDonald v. Dept. of Banking and Finance (1977)

    Petitioners unsuccessfully applied to the Department of Banking and Finance, Division of Banking, for authority to organize and operate First Bank of Port Richey. Here they seek judicial review of the Department's final order which denied their application after formal proceedings were conducted under the Administrative Procedure Act (APA), Section 120.57,[1] by a hearing officer of the Division of Administrative Hearings.

    Court: District Court of Appeal of Florida Docket: DD-375
  12. Reyes v. State (1995)

    Abel Oliveros Reyes pleaded no contest to possession of cannabis. The trial court withheld adjudication and placed him on probation for five years. Mr. Reyes appeals the demal of his dispositive motion to suppress evidence and the imposition of certain conditions of probation and court costs. We affirm the denial of the motion to suppress evidence. We further affirm condition 12 of Mr. Reyes' written probation order because that condition is statutorily mandated, ยง 948.03(1)(i), Fla. Stat. [...]

    Court: District Court of Appeal of Florida Docket: 92-03336
  13. As v. State (1997)

    The appellant, A.S., challenges the trial court's final order denying his motion to suppress evidence and statements. We find that the trial court erred in denying appellant's motion to suppress and, accordingly, reverse.

    Court: District Court of Appeal of Florida Docket: 96-01249
  14. Management Computer v. Perry Const. (1999)

    This is an appeal from a nonfinal order denying a motion to dismiss for improper venue. We conclude that a venue provision incorporated into the sales contracts at issue required the trial court to grant the motion as to three of the four counts of the complaint. Consequently, we reverse in part and affirm in part.

    Court: District Court of Appeal of Florida Docket: 99-863
  15. Cox v. CSX Intermodal, Inc. (1999)

    John H. Cox and Edward Bartolozzi, truck owners and operators who entered into contracts with appellee CSX Intermodal, Inc. (CSXI) to haul freight to and from the CSXI terminal in Orlando, appeal a summary final judgment entered in favor of appellees, CSXI and Helen Venson, a CSXI employee, in the appellants' action for breach of contract against CSXI and tortious interference against Ms. Venson. For the reasons that follow, we affirm the summary judgment as to appellee Venson and affirm in [...]

    Court: District Court of Appeal of Florida Docket: 96-4514
  16. Cassisi v. Maytag Co. (1981)

    The Cassisis and their homeowner's insurer appeal from a summary judgment entered against them in a products liability action founded on theories of strict liability, negligence, and breach of an implied warranty. The only issue for our determination is whether the lower court correctly ordered summary judgment on the ground the Cassisis' proofs failed to show their damages were caused by a product in a defective condition at both the time of the accident and the time it was within the [...]

    Court: District Court of Appeal of Florida Docket: PP-125
  17. Lopez v. State (2004)

    The defendant, Moroni Lopez, appeals his conviction for possession of a firearm by a convicted felon. We conclude that the trial court erred in allowing the jury to consider a hearsay statement made by a person who said that he observed the defendant in possession of the firearm. The statement was testimonial and the declarant was not available or subject to prior cross-examination. Consequently, the admission of his statement violated the defendant's Sixth Amendment right to confront the [...]

    Court: District Court of Appeal of Florida Docket: 1D03-2761
  18. As v. State (1996)

    A.S., a juvenile, appeals his adjudication of delinquency and resulting commitment to a juvenile facility. A.S. argues that he is entitled to a new disposition hearing before a different judge because the trial court impermissibly relied upon the fact that he had maintained his innocence to the charged offense throughout the proceeding below. We agree and reverse.

    Court: District Court of Appeal of Florida Docket: 94-3022
  19. Gray v. State (2005)

    On direct appeal, Maurice Keith Gray contends that the trial court erred in sentencing him as a prison releasee reoffender because the State adduced only hearsay to prove the date of his release from prison. We accept this contention, vacate his sentence, and remand for resentencing.

    Court: District Court of Appeal of Florida Docket: 1D04-3826
  20. Woods v. State (1999)

    Convicted of unarmed robbery, appellant seeks review of his sentence pursuant to section 775.082, Florida Statutes (1997), as a "prison releasee reoffender." He asserts that the statute is facially unconstitutional because it violates the separation of powers clause of the Florida Constitution and the due process and equal protection clauses of both the United States and the Florida Constitutions. We affirm.

    Court: District Court of Appeal of Florida Docket: 98-1955

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