Cases

WENTWORTH, Judge. Claimant seeks review of a workers’ compensation order by which a claim was denied upon the determination that an alleged accident “does not fit within the reasonable medical probabilities.” We find that this is a permissible construction of the evidence, and that claimant has presented no point of reversible error. Although the deputy made certain inappropriate comments during the course of the proceeding

641 F.Supp. 1391 (1986) Lewis A. WRIGHT, et al. v. Donald S. NIMMONS, Trustee. Civ. A. No. H-83-6906. United States District Court, S.D. Texas, Houston Division. August 18, 1986. *1392 Roger B. Greenberg and Jane Cooper-Hill, Richie & Greenberg, Houston, Tex., for plaintiffs. William T. Green, III and Mark Alexander, G

WENTWORTH, Judge. Appellant seeks review of judgments of conviction and sentences for multiple counts of both aggravated assault with a firearm and use of a firearm during the commission of a felony. Each conviction for use of a firearm arose from an act for which a conviction for aggravated assault with a firearm was also obtained. Appellant contends that the trial court violated double jeopardy principles in convicting h

550 So.2d 533 (1989) Lloyd VANN, Appellant, v. ST. ANTHONY'S HOSPITAL and Gates, McDonald & Co., Appellees. No. 88-1903. District Court of Appeal of Florida, First District. October 20, 1989. Ivan Matusek, St. Petersburg, for appellant. Billy L. Rowe of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., St. Petersburg, for appellees. NIMMO

ERVIN, Judge. The claimant appeals the final order of the deputy commissioner (dc), contending that the dc erred in finding that the claimant, because of profits realized by his business, had the ability to earn and was in fact earning in excess of the amount necessary to qualify for wage-loss (W-L) benefits. We reverse the order and remand for further determination by the dc. The claimant suffered a co

NIMMONS, Judge, dissenting. I would affirm the appealed order. In Carson I,1 this court reversed and remanded “with directions to articulate specific and detailed reasons for his rejection of the unrefuted medical testimony, and to explain how claimant’s testimony regarding his physical capabilities was inconsistent with the activities depicted in the videot

NIMMONS, Judge. The parties were divorced in 1976 and the appellee was awarded the use and occupancy of the marital home with a proviso that such occupancy would terminate upon her remarriage. Appellee remarried in 1979 but she continued to reside in the home. In April 1988, appellant filed a partition suit. In this appeal from the final judgment of partition, appellant asserts error in the trial court’s f

PER CURIAM. This is the third appeal to this court of a guidelines departure sentence originally imposed in 1984. See Scott v. State, 508 So.2d 335 (Fla.1987); Scott v. State, 492 So.2d 448 (Fla. 1st DCA 1986); Scott v. State, 469 So.2d 865 (Fla. 1st DCA 1985). Because the latest sentence fails to properly reflect the exact amount of credit for time served to which Scott is entitled, we remand with

SMITH, Chief Judge. This is an appeal from an order denying a motion to transfer venue from Duval County to Orange County, Florida. We reverse. The appellees, plaintiffs below, filed suit against the appellant based on fraud. The complaint alleges that the appellant, a financial advisor to some of the appellees, fraudulently induced the appellees to invest in a casino gaming concession on a cruise ship. I

PER CURIAM. The appellant appeals from convictions and sentences on three counts of burglary and one count of petit theft. Appellant’s counsel has filed an Anders1 brief and no brief has been filed by the appellant on his own behalf although opportunity was given therefor by the Court. With one exception, our examination of the record reveals no reversible error. The exception is that the sentence

BARFIELD, Judge. The deputy commissioner awarded claimant medical benefits and temporary partial disability and wage loss benefits. The medical expenses were incurred when claimant was treated by Dr. Joseph Gelety without prior authorization of the carrier or of the deputy commissioner. Claimant argues that since she was self-employed in her operation of a beauty salon, she was able to authorize medical treatment, as the empl

NIMMONS, Judge. Claimant suffered a compensable industrial accident in 1981. In April 1986, a hearing was held on his claim to have his average weekly wage adjusted and to have an unpaid medical bill paid. The deputy commissioner declined to adjust the average weekly wage and made no ruling on the claim for unpaid medical benefits. Claimant appeals. Claimant’s attorney filed a motion for rehearing before

(2008) Richard S. WHITE and Edward C. White, Plaintiffs, v. NEW YORK LIFE INSURANCE COMPANY, Defendant. Civil Action No. CV107-121. United States District Court, S.D. Georgia, Augusta Division. May 16, 2008. ORDER ANTHONY A. ALAIMO, District Judge. Plaintiffs, Richard S. White and Edward C. White, filed the above-captioned case against

NIMMONS, Judge. This is an appeal from a final judgment awarding appellees/plaintiffs below damages arising out of a sexual assault and battery. Appellant, a state prisoner, has raised two issues on this appeal, only one of which merits discussion, namely, whether the trial court abused its discretion in denying appellant’s petition for an order directing the superintendent of the Apala-chee Correctional Institution to trans

PER CURIAM. This cause is before us on appeal from an amended final workers’ compensation order dated November 30, 1984, changing claimant’s average weekly wage (AWW) from $550 per week to $136.67 per week, which has the effect of reducing claimant’s compensation rate from $126 per week to $82 per week. We reverse. The deputy’s 1983 order established $550 as the AWW; thus, the appropriate procedure for th

PER CURIAM. Carter appeals the jury trial judgment finding him guilty of carrying a concealed firearm, resisting an officer with violence and aggravated assault. We have examined his arguments and the record and discovered no reversible error as to the judgment. Carter also appeals his sentencing as a youthful offender to be in the custody of the Department of Corrections for six years; four to be served imprisoned and two to

920 F.Supp. 1248 (1996) Robert SCOTT; Parke Herbert; C. Martin Lawyer, III; Edna Sims; Earl James; Rosalie M. Serrano v. The UNITED STATES DEPARTMENT OF JUSTICE; Janet Reno, Attorney General of the United States; State of Florida, by and through Robert Butterworth; and Robert Butterworth, Attorney General of Florida. No. 94-622. United States District Court, M.D. Florida, Tampa Division.

ERVIN, Judge. Anthony Mattox, appellant, appeals the summary denial of his combined motions for 3.850, error coram nobis, and habeas corpus relief. He claims that he was deprived of a fair trial because the prosecution failed to disclose certain fingerprint evidence to him prior to trial, and because the prosecution withheld an evidence report that was favorable to him. He also argues that his enhanced sentence as an habitua

777 F.Supp.2d 151 (2011) Anthony LEWIS, Plaintiff, v. DRUG ENFORCEMENT ADMINISTRATION, Defendant. Civil Action No. 09-0264 (RBW). United States District Court, District of Columbia. April 15, 2011. *153 Anthony Lewis, Coleman, FL, pro se. Tyler James Wood, U.S. Attorney's Office for D.C., Washington, DC, for Defendant.

504 So.2d 480 (1987) Anthony L. LIUZZO, Appellant, v. Ed CRAPO, Property Appraiser of Alachua County, Florida, Appellee. No. BN-450. District Court of Appeal of Florida, First District. March 19, 1987. Grafton B. Wilson, II, Gainesville, for appellant. Thomas A. Bustin, Co. Atty., Thomas D. MacNamara, Asst. Co. Atty., Office of Alachua Co. Atty., Gainesville,