author: DELL, Judge.

text:
    Eric Anthony BROWN, Appellant, v. STATE of Florida, Appellee.
    No. 81-30.
    District Court of Appeal of Florida, Fourth District.
    April 7, 1982.
    Richard L. Jorandby, Public Defender, and Robert E. Adler, Asst. Public Defender, West Palm Beach, for appellant.
    Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellee.
   DELL, Judge.

Eric Anthony Brown appeals from his conviction for burglary with an assault. Appellant has demonstrated no reversible error with respect to his conviction, but we must remand this cause for resentencing.

Appellant was seventeen at the time of the offense. The trial judge determined that since appellant had been indicted, he was not transferred for prosecution to the criminal division of the circuit court pursuant to Chapter 39, and thus did not qualify as a youthful offender. § 958.04(l)(a), Fla. Stat. (1979). Since the time of the trial of this case the Supreme Court has since held that a minor initially proceeded against by indictment is to be considered “transferred” for purposes of Section 958.04(l)(a), Florida Statutes (1979). State v. Goodson, 403 So.2d 1337 (Fla.1981).

The State argues that the term “life felony” in Section 958.04(l)(c) means all crimes punishable by life imprisonment, and that appellant does not qualify for mandatory youthful offender treatment. This is incorrect. A life felony is different from a felony in the first degree punishable by life imprisonment. Trent v. State, 403 So.2d 1131 (Fla. 4th DCA 1981). Therefore we remand this cause for resentencing under Section 958.04, Florida Statutes (1979).

REMANDED FOR RESENTENCING.

DOWNEY and ANSTEAD, JJ., concur.


source: Caselaw Access Project

author: PER CURIAM.

license: Public Domain

text:
    Allen B. CALLINS, Appellant, v. Vincent J. ABBATECOLA, a/k/a Vincent J. Abbott and Mary A. Abbatecola, a/k/a Mary A. Abbott, Appellees.
    No. 81-711.
    District Court of Appeal of Florida, Fourth District.
    April 7, 1982.

      John Freyer and Robert J. Hunt of Bond, Schoeneck & King, Fort Lauderdale, for appellant.
    Terrence L. LaBelle, Fort Lauderdale, for appellees.
   PER CURIAM.

On January 21,1980, appellant and appel-lees entered into a contract for the purchase and sale of a parcel of real property. vThe deposit consisted of two checks drawn on a Buffalo bank, one for $500 and one for $4000. The former was to be cashed immediately, but the latter was to be replaced by a cashier’s check in ten days. Closing was to take place May 1,1981. Appellees deposited the $500 check into their Florida bank account, but the Buffalo bank declined payment for insufficient funds. However, appellant learned of the Buffalo bank’s action before appellees did and immediately notified appellees and advised that he was mailing them immediately two cashier’s checks to cover those given as a deposit. It appears that appellees had had second thoughts about selling and, thus, upon learning from appellant that the $500 check was not good, appellees announced they would not honor the contract.

Appellant sued for specific performance. The appellees contended there was no contract and apparently the trial court agreed and entered summary judgment for appel-lees.

We believe the trial court erred in entering summary judgment for appellees. The mutual promises of the parties were sufficient consideration to constitute a valid contract. Jenkins v. The City Ice and Fuel Co., 118 Fla. 795, 160 So. 215 (Fla.1935); 17 Am.Jur.2d, Contracts § 104. Thus, the question involved here is not whether there was a contract, but whether appellant’s giving a bad check as part of the deposit constituted such a material breach of the contract as to justify appellees’ termination thereof. We hold that under the circumstances of this case the breach was not sufficiently material to warrant appellees’ termination of the contract. Lance v. Martinez-Arango, 251 So.2d 707 (Fla. 3d DCA 1971); Restatement of Contracts, § 276(a). Time was not of the essence of the contract. Furthermore, even before appellees knew of the Buffalo bank’s refusal to pay the check appellant called them and advised he was mailing (and did mail) cashier’s checks for the entire deposit.

Accordingly, the summary judgment appealed from is reversed and the cause is remanded with directions to enter summary judgment for appellant.

REVERSED AND REMANDED with directions.

LETTS, C. J., and DOWNEY and BERA-NEK, JJ., concur.


text:
    Terry LOOMIS a/k/a Terry Scott Loomis, Appellant, v. STATE of Florida, Appellee.
    No. 81-497.
    District Court of Appeal of Florida, Fourth District.
    April 7, 1982.
    Frank B. Kessler of Zwickel, Gross & Kessler, Lake Worth, and David Roth of Cone, Wagner, Nugent, Johnson, Hazouri & Roth, West Palm Beach, for appellant.
    Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellee.
   PER CURIAM.

Affirmed on authority of State v. Rafferty, 405 So.2d 1004 (Fla. 4th DCA 1981).

AFFIRMED.

LETTS, C. J., and DOWNEY and HURLEY, JJ., concur.


text:
    Andrew JOSEPH, Sr., Appellant, v. STATE of Florida, Appellee.
    No. 82-529.
    District Court of Appeal of Florida, Fourth District.
    April 7, 1982.
    Andrew Joseph, Sr., pro se.
    No appearance required for appellee.
   PER CURIAM.

We conclude that the appellant’s Rule of Criminal Procedure 3.850 motion was sufficient to require an evidentiary hearing on the issue of incompetency of counsel. The order denying the motion is thus reversed and the matter remanded for an evidentia-ry hearing. Appellant’s presence at this hearing shall be at the discretion of the trial court.

REVERSED AND REMANDED.

DOWNEY, BERANEK and HERSEY, JJ., concur.


text:
    Dennis Lee ST. LAWRENCE, Appellant, v. STATE of Florida, Appellee.
    No. 80-1629.
    District Court of Appeal of Florida, Fourth District.
    April 7, 1982.
    Rehearing Denied April 22, 1982.
    Robert T. Adams, Jr., Marianna, for appellant.
    Jim Smith, Atty. Gen., Tallahassee, and Mark Horn, Asst. Atty. Gen., West Palm Beach, for appellee.
   PER CURIAM.

Reversed with directions that appellant be granted a new trial pursuant to the decision in Tascano v. State, 393 So.2d 540 (Fla.1980).

DOWNEY, ANSTEAD and GLICK-STEIN, JJ., concur.


author: BERANEK, Judge.

text:
    Harold J. BOLLINGER, Sr., Marie L. Bollinger, Harold J. Bollinger, Jr., and Jane Bollinger, Appellants, v. FOX TRAIL, INC., Appellee.
    No. 81-431.
    District Court of Appeal of Florida, Fourth District.
    April 7, 1982.
    Marc R. Goldstein of Levy, Shapiro, Kneen & Kingcade, P. A., Palm Beach, for appellants.
    John L. Bryan, Jr., of Scott, Royee, Harris & Bryan, P. A., Palm Beach, for appel-lee.
   BERANEK, Judge.

This plaintiffs’ appeal arises out of a suit for breach of a contract for the purchase and sale of real estate. The trial court concluded that the defendant/seller had breached a binding contract but declined to assess damages for the benefit or loss of the bargain to the purchasers. The trial court found the defendant’s breach was not in bad faith and for that stated reason denied the requested damages sought by plaintiffs/appellants. We find error and reverse.

Plaintiffs/appellants contracted with the defendant corporation for the purchase of property. Deposits were made in the form of checks and the closing was to take place at a future date after certain development on the area was completed. While awaiting the closing, plaintiffs continued to check with the seller about progress on the project and the seller’s representative assured the purchasers that the development was progressing and that he would contact them when ready to close.

There was a conflict in the evidence on whether the parties agreed to rescind the contract prior to closing. Defendant’s representative testified that when the purchasers were contacted, they said they lacked cash, were unable to close, and asked that the property be sold to someone else. The property was thus offered and sold to other purchasers. The plaintiffs denied this and said they were ready to close and that they had so advised the defendant.

The trial court found a binding contract existed and that the defendant seller had breached this contract. The plaintiffs’ proof showed that prior to the anticipated closing date, the defendant sold the parcels to a third party. There was also evidence that the property went up in value and had a higher market value than the original contract price. Both parties agreed that Key v. Alexander, 91 Fla. 975, 108 So. 883 (1926) governed the assessment of damages. The trial court found that the defendant breached the contract but concluded the breach was not in bad faith. Judgment was entered in favor of the plaintiffs but the court refused to assess damages based upon the loss of the bargain. We conclude this was error. If there was a binding contract which was breached by the defendant by the sale of the property to a third party prior to the closing with plaintiffs, then this conduct should have supported an award of damages under Key v. Alexander, supra, which quoted from Sutherland on Damages (4th Ed.) as follows:

“If the person selling is in default, — if he knew or should have known that he could not comply with his undertaking ... or if he has title and refused to convey, or disables himself from doing so by conveyance to another person — in all such cases he is beyond the reach of the principle of Flureau v. Thornhill, 2 W. Black (Eng.) 1078, and is liable to full compensatory damages, including those for the loss of the bargain.”

108 So. at 885.

There were only two versions of the evidence. Plaintiffs contended they were ready, willing and able to close. Defendant’s version was that plaintiffs stated a desire to rescind the agreement and to release the property for sale to another. If defendant’s version was accepted, there was simply no breach of contract. Instead the court found a breach but declined to assess damages. Under the rather clear but diametrically opposed factual versions of the parties, we conclude that the judgment is basically inconsistent. The finding of a breach under these facts is at odds with a finding of good faith and a failure to assess damages. We conclude that the matter should be retried on all issues as to both liability and damages and remand for that purpose.

REMANDED FOR NEW TRIAL.

LETTS, C. J., and DOWNEY, J., concur.


text:
    Thomas W. MURPHY, Appellant, v. Kathleen Marie TALLARDY, Appellee.
    No. 81-798.
    District Court of Appeal of Florida, Fourth District.
    April 7, 1982.
    Stanley J. Narkier of Weathers, Narkier & Brooks, P. A., West Palm Beach, for appellant.
    Freeman W. Barner, Jr., of Cromwell & Remsen, Riviera Beach, for appellee.
   PER CURIAM.

We have fully considered all of the appellate points presented and find no reversible error demonstrated. However, we do not believe it appropriate for the wife to have sole discretion to determine what constitutes reasonable visitation rights and thus we strike from the order of April 8, 1981, the portion that allows the wife the right to determine the husband’s visitation rights so that the order will grant reasonable visitation rights to the father. It would appear appropriate for the Pennsylvania Court to supervise all future matters of child custody and visitation between these parties so long as they and the children continue to reside there.

As so modified the order appealed from is affirmed.

DOWNEY, BERANEK and DELL, JJ., concur.


text:
    B & R ELECTRIC, INC. and Zurich American Insurance Company, Appellants, v. Ira Lee HICKS, Appellee.
    No. AC-209.
    District Court of Appeal of Florida, First District.
    April 7, 1982.
    Ronald L. Napier, Naples, for appellants.
    T. Rankin Terry, Jr., Fort Myers, for appellee.
   PER CURIAM.

The employer/carrier appeal an order of the deputy commissioner finding that claimant suffered a compensable myocardial infarction as a result of an accident. We reverse.

Claimant is a 58 year old electrician. On the morning of the injury, he and another electrician, Thomas Payne, went to a job site where they were to erect a temporary electrical pole. This consisted of a 14 foot four-by-four with two 12 foot two-by-fours attached as braces. An electrical meter and junction box were attached to one end. This arrangement was variously described as weighing between 100 and 200 pounds.

Claimant testified that, because the men were in a hurry, Mr. Payne began digging the post-hole, while claimant carried the temporary pole from the truck. He tripped twice over some string discarded on the job site. Each time, he experienced immediate pains in his chest. He was able to get the post to the hole, but was unable to help Mr. Payne erect it. He said he complained of the pain at that time.

On deposition, Mr. Payne testified that both he and claimant carried the pole from the truck to the hole, that claimant did not trip, nor did he complain of chest pains at that time. Claimant did complain of chest pains at the next job after unloading an extension cord and some hand tools.

Claimant testified that the pain continued until they reached the second job, and after unloading some equipment, he had to request that Mr. Payne take him to the doctor. Claimant was taken to the hospital where it was ascertained that he had suffered a myocardial infarction.

At the hospital, claimant told his doctors that his symptoms began while'he was performing only mild work. One month later, he told his treating physician that his symptoms began while he was carrying the [heavy] temporary pole. While the deputy commissioner found claimant revealed a history of his tripping episode to his physician some 30 days after the injury, this finding is not supported by the record. The record reveals that claimant never did tell his treating physician about the string, that the doctor learned of the incident by way of a hypothetical question propounded by claimant’s attorney during the doctor’s deposition. This deposition was taken nine months after the accident.

There were only two witnesses to the setting of the temporary pole, Thomas Payne and the claimant. Their respective testimony was directly contradictory. Claimant said he carried the pole alone, Mr. Payne said they both carried it. Claimant said he tripped, Mr. Payne said he did not. Claimant said he complained to Mr. Payne of chest pains immediately after the tripping incident, Mr. Payne said he did not complain of chest pains until an hour later at a different job.

The resolution of such a conflict is within the province of the deputy commissioner. We would ordinarily be most reluctant to disturb his decision. However, the deputy commissioner, in discounting the testimony of Mr. Payne and others, relied on his finding that claimant reported the tripping incident to his physician within 30 days of the incident. We are unable to determine how much weight the deputy commissioner gave to this finding. Because the evidence was in such sharp conflict, and the balance so precarious, we reverse.

The decretal portion of the order is reversed and the cause remanded. The deputy commissioner is directed to reconsider the evidence in light of this opinion, without taking additional testimony.

ROBERT P. SMITH, Jr., C. J., and LARRY G. SMITH and WIGGINTON, JJ., concur.

      . We note at the outset that this is not an ordinary heart attack case. The record reveals that claimant commonly carried items weighing as much as the temporary pole. Accordingly, there was no excessive or unusual stress or strain so as to satisfy the test of Victor Wine and Liquor, Inc. v. Beasley, 141 So.2d 581 (Fla.1962). Instead, this case is one involving an accident. Tingle v. Board of County Commissioners, 174 So.2d 1 (Fla.1965).


author: WENTWORTH, Judge.

text:
    COLONEL’S TABLE and Zurich-American Insurance Co., Appellants, v. Dorothy T. MALENA, Appellee.
    No. AD-474.
    District Court of Appeal of Florida, First District.
    April 7, 1982.

      Eugene N. Betts, Fort Lauderdale, for appellants.
    Dennis M. Usdan, of Nolan & Usdan, Fort Lauderdale, for appellee.
   WENTWORTH, Judge.

Employer/carrier appeals a workers’ compensation order entered by deputy commissioner Hand, by which employer/carrier was ordered to continue permanent total disability payments and to repay claimant for a prior offset. We affirm.

Employer/carrier accepted claimant as permanently and totally disabled as a result of an industrial injury, and accordingly commenced such compensation payments. Claimant’s average weekly wage had been determined as $73. Claimant is receiving social security benefits (for both herself and her minor daughter) in excess of this weekly amount. Employer/carrier discontinued compensation payments, contending that they were entitled to do so pursuant to the § 440.15(10)(a) offset provision. A hearing was held on the issue of employer/carrier’s entitlement to take such an offset. Neither party presented any evidence as to the amount of offset which could otherwise be taken by the Social Security Administration pursuant to 42 U.S.C. § 424a; however, claimant did present evidence of unsuccessful efforts to obtain a determination of such amount from the social security administration. The deputy commissioner held that, regardless of the offset, claimant is entitled to the $20 per week minimum compensation provision of § 440.12(2). The deputy further held that employer/carrier’s failure to establish the amount of offset which could otherwise be taken by the social security administration precludes the employer/carrier from making the statutory offset until such information is provided.

Section 440.15(10)(a) provides that “this provision shall not operate to reduce an injured worker’s benefits under this Chapter to a greater extent than they would have otherwise been reduced” by the federal social security administration. The statutory offset may be taken administratively, and is not dependent on the order of a deputy commissioner. Cf., Department of Transportation v. Lindsey, 383 So.2d 956 (Fla. 1st DCA 1980). However, the offset should not be permitted in the absence of evidence that it is warranted. See Thomas v. Sunland Training Center, 408 So.2d 685 (Fla. 1st DCA 1982); also see Town Drug Inc. v. Maples, IRC Order 2-3389 (4/5/78).

Section 440.15(10)(c) requires an employee, upon demand by the employer or carrier, to authorize the social security administration to release disability information; the statute further provides that compensation may be suspended if the claimant refuses to authorize the release of such information. Thus employer/carrier is accordingly on equal footing with claimant in obtaining disability information from the social security administration. Since the § 440.15(10)(a) offset provision is a defense to the payment of compensation otherwise due, the burden of proving its appropriateness and applicability would appear to be one which employer/carrier must bear. As Thomas indicates, the offset may not be permitted in the absence of evidence that it is warranted. Accordingly, employer/carrier’s failure in the present case to present any evidence indicating that the offset would not “reduce ... benefits ... to a greater extent than they would have otherwise been reduced” under the social security laws should render the offset impermissible at this time. Construing the deputy’s order to so provide, there has been no error in this regard. Employer/carrier remains free to administratively make such statutory offset when it obtains the pertinent information.

The order is accordingly affirmed.

ERVIN and SHIVERS, JJ., concur.


text:
    Jerry P. BROWN, Appellant, v. STATE of Florida, Appellee.
    Nos. AG-239 to AG-242.
    District Court of Appeal of Florida, First District.
    April 7, 1982.
    Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.
    Jim Smith, Atty. Gen., Tallahassee, and Harry M. Hipler, Asst. Atty. Gen., Jacksonville, for appellee.
   PER CURIAM.

The sentence under review is affirmed except insofar as it fails to give appellant credit for time actually served in jail pursuant to the three previous convictions for which he was placed on probation. § 921-161(1), Fla.Stat. (1981). The cause accordingly is remanded to the trial judge to determine the amount of jail time appellant served in each case and to give appellant credit for that time on each of the one year terms.

AFFIRMED in part, REVERSED in part, and REMANDED for appropriate action consistent with this opinion.

MILLS, LARRY G. SMITH and SHAW, JJ., concur.


author: SHAW, Judge.

text:
    ROUNDTREE TRANSPORT, INC., and Carriers Insurance Company, Appellants, v. John C. GODEK, Appellee.
    No. AC-81.
    District Court of Appeal of Florida, First District.
    April 8, 1982.

      Lawrence F. Valle and Thomas R. Trom-peter of Underwood, Gillis, Karcher, Rei-nert & Valle, P.A., Miami, for appellants.
    Gerald T. Nolan of Nolan & Usdan, Fort Lauderdale, for appellee.
   SHAW, Judge.

Claimant’s counsel secured benefits for the claimant worth $17,104.98 and was awarded an attorney’s fee of $7,710.00. The employer/carrier argues that the fee is excessive and violates Florida Statute 440.-34 (1980). We agree and REVERSE. Section 440.34 provides the deputy with a sliding fee schedule to be followed. In addition to the schedule, the statute provides that the deputy shall consider:

(a) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly.
(b) The likelihood, if apparent to the claimant, that the acceptance of the particular employment will preclude employment of the lawyer by others or cause antagonisms with other clients.
•(c) The fee customarily charged in the locality for similar legal services.
(d) The amount involved in the controversy and the benefits resulting to the claimant.
(e) The time limitation imposed by the claimant or the circumstances.
(f) The nature and length of the professional relationship with the claimant.
(g) The experience, reputation, and ability of the lawyer or lawyers performing services.
(h) The contingency or certainty of a fee.

After considering these factors, if it is his judgment that the circumstances of the particular case so warrant, he may vary from the suggested schedule by increasing or decreasing the fee.

The deputy’s departure from the schedule in this instance was based upon findings that claimant’s attorney expended ninety-one hours and five minutes of professional non-handholding effort in obtaining the benefits, the claim was not routine, claimant’s counsel exhibited a high degree of professional skill, and a customary fee would range from $3,315.74 to $12,500.00.

Mindful of the legislative intent to standardize fees except in exceptional circumstances, we find the articulated reasons given by the deputy insufficient to justify the disparity between the statutory fee and the award. When a deputy chooses to depart from the schedule, the order should reflect that he considered all of the relevant, prescribed factors to the extent that circumstances permit. East Coast Tire Co. v. Denmark, 381 So.2d 336 (Fla. 1st DCA 1980). The order under consideration does not meet this standard. We note also in this case that the deputy awarded benefits on the basis of ninety-one hours and five minutes of professional time, whereas the record shows that the claimant’s attorney claimed only eighty-one hours and five minutes. REVERSED and REMANDED for a redetermination of attorney’s fees in compliance with this order and based upon eighty-one hours and five minutes of attorney’s time.

McCORD and ERVIN, JJ., concur.


author: MILLS, Judge.

text:
    Dilworth GILLEY, Jr., Appellant, v. STATE of Florida, Appellee.
    No. AF-272.
    District Court of Appeal of Florida, First District.
    April 8, 1982.
    Michael E. Allen, Public Defender, David J. Busch, Asst. Public Defender, for appellant.
    Jim Smith, Atty. Gen., Lawrence A. Ka-den, Asst. Atty. Gen., for appellee.
   MILLS, Judge.

On 21 October 1980 a young lady celebrated her 19th birthday by visiting a bar. She was talked into giving a couple a ride home. They directed her into a grassy lane in an isolated area where she refused to go farther. After a struggle she was dragged from the car and searched for money. When none was found, she was forcibly taken about 90 feet down the lane where both sexually battered her. After returning to the car, and still finding no money, they again forcibly took her down the lane and raped her. The three then returned to town where the victim was released.

She drove immediately to the police. She had carefully studied her assailants so that she would be able to identify them. She picked Gilley out of photographic and live lineups and identified him in court. She also identified Gilley’s companion, Myra Wilson, from lineups. Wilson and Gilley were living together at the time. The bartender also identified the two. Several blood groupings were done, and all were consistent with that of Gilley and Wilson. Wilson pled guilty. Gilley was convicted of kidnapping, sexual battery, and attempted robbery.

The only issue requiring discussion concerns the sufficiency of the asportation to support a separate kidnapping conviction. If the kidnapping was incidental to or inherent in the felony, then conviction and sentence for the kidnapping is improper. Mobley v. State, 409 So.2d 1031 (Fla.1982). Gilley relies on Friend v. State, 385 So.2d 696 (Fla. 1st DCA 1980), holding that locking robbery victims in a bathroom was incidental, and Simpkins v. State, 395 So.2d 625 (Fla. 1st DCA 1981), holding that moving a rape victim from the bedroom to the living room would not support kidnapping convictions. The State relies on Bass v. State, 380 So.2d 1181 (Fla. 5th DCA 1980), which held that forcing a rape victim into her car and then driving some distance to the rape scene was kidnapping. In this case, however, the victim voluntarily accompanied Gilley to a secluded spot, and the only forced movement was farther down the lane.

In Faison v. State, 399 So.2d 19 (Fla. 3d DCA 1981), the same issue was raised. In that case a rapist moved a receptionist from a visible spot in the front room to the rear of the room before raping her, then to a restroom. In a separate incident, he moved a woman from the kitchen to a bedroom. The kidnapping conviction was affirmed. Applying the law of the Faison case to this case, we find that the movements of the victim were effected by substantial force; the movements were not inherent since the rape could have been committed at the car; and the abductions were to a spot of relative seclusion, making the rape easier to commit. We are of the opinion the kidnapping was in furtherance of the rape and not merely incidental to or inherent in the rape.

Having reviewed the remaining point on appeal and finding it without merit, we affirm.

LARRY G. SMITH and SHAW, JJ., concur.


author: McCORD, Judge.

text:
    Carlton BAILEY, Appellant, v. Brenda RICHARDSON, Appellee.
    No. AG-254.
    District Court of Appeal of Florida, First District.
    April 8, 1982.
    Felix A. Johnston, Jr., of Woods, Johnston & Carlson, Tallahassee, for appellant.
    L. Sanford Selvey, II, Tallahassee, for appellee.
   McCORD, Judge.

This is an appeal from a nonfinal order granting appellee’s motion for compulsory physical examination in an action to determine paternity. The order requires appellant to submit to a human leukocyte antigens (HLA) blood test on the question of paternity. The nonfinal order does not qualify for review under Florida Rule of Appellate Procedure 9.130. We elect, however, to treat the appeal as a petition for common law writ of certiorari and review the order as such.

Appellant has a type of hepatitis and contends that the blood test would be injurious to his health. After weighing the testimony of the medical experts, the trial court concluded on the record that the test would not subject appellant to any type of life-threatening risk. Competent substantial evidence supports the trial court’s ruling. The HLA test has been found to have substantial probative value in determining paternity and in Simons v. Jorg, 384 So.2d 1362 (Fla. 2d DCA 1980), the District Court of Appeal, Second District, affirmed an order which required the petitioner there to submit to such a test. Also, we have found results of the test to be admissible in evidence. Carlyon v. Weeks, 387 So.2d 465 (Fla. 1st DCA 1980). See also, McQueen v. Stratton, 389 So.2d 1190 (Fla. 2d DCA 1980). The trial court did not exceed its jurisdiction or depart from the essential requirements of law.

Certiorari denied.

ROBERT P. SMITH, Jr., C. J., and BOOTH, J., concur.


author: LARRY G. SMITH, Judge.

text:
    B. D., A Child, Appellant, v. STATE of Florida, Appellee.
    No. AG-423.
    District Court of Appeal of Florida, First District.
    April 8, 1982.
    Glenna Joyce Reeves, Asst. Public Defender, for appellant.
    Jim Smith, Atty. Gen., Barbara Ann Butler, Asst. Atty. Gen., for appellee.
   LARRY G. SMITH, Judge.

We affirm appellant’s adjudication for delinquency. Although we agree that the evidence was insufficient to prove the crime of burglary, there being no evidence upon which to base a finding of intent to commit the offense of theft, as specifically charged in the petition, the evidence did establish commission of the offense of trespass of an occupied structure, a misdemeanor of the first degree. Conviction of this offense would be sufficient upon which to base an adjudication of delinquency.

We reject appellant’s argument that the offense of trespass is not a lesser included offense of the charge of burglary. We hold, as did the Fourth District in Macek v. State, 409 So.2d 107 (Fla. 4th DCA 1982), that the offense of trespass is a “category four” lesser included offense under Brown v. State, 206 So.2d 377 (Fla.1968). Because our ruling does not require that we determine whether an allegation of stealth and lack of consent of the owner pursuant to Section 810.07, Florida Statutes, is a sufficient substitute for an allegation of intent to commit a specific offense in charging a burglary, we have no occasion to choose between the allegedly conflicting opinions on this point found in Rozier v. State, 402 So.2d 539 (Fla. 5th DCA 1981), and State v. Fields, 390 So.2d 128 (Fla. 4th DCA 1980), or to certify the alleged conflict as the state has requested we do.

Under Section 39.11(3), Florida Statutes, the maximum term of commitment cannot exceed the term of imprisonment of an adult convicted of the same offense. The offense of trespass of an occupied structure is punishable by up to one year of imprisonment in the county jail. Sections 810.-08(2)(b) and 775.082, Florida Statutes. Therefore, upon remand, the order of commitment shall be amended accordingly.

AFFIRMED in part, REVERSED in part, and REMANDED.

MILLS and SHAW, JJ., concur.

      . Krathy v. State, 406 So.2d 53 (Fla. 1st DCA 1981); Rozier v. State, 402 So.2d 539 (Fla. 5th DCA 1981); and Waters v. State, 401 So.2d 1131 (Fla. 4th DCA 1981).

      . Section 39.01(8).


text:
    Kenneth LIFE, Appellant, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, Appellee.
    No. AH-355.
    District Court of Appeal of Florida, First District.
    April 8, 1982.
    Kenneth Life, appellant pro se.
    Jim Smith, Atty. Gen. and Gregory C. Smith, Asst. Atty. Gen., for appellee.
   PER CURIAM.

Having treated, the petition for writ of mandamus as an appeal from final agency actipn of the Department of Corrections, we affirm the action of the Secretary’s representative, dated October 13, 1981.

ROBERT P. SMITH, Jr., C. J., and McCORD and BOOTH, JJ., concur.


text:
    Rafael ROJAS, Appellant, v. The STATE of Florida, Appellee.
    No. 81-2571.
    District Court of Appeal of Florida, Third District.
    April 13, 1982.

      Paul Morris and Stephen H. Rosen, Miami, for appellant.
    Jim Smith, Atty. Gen. and Diane Zimmer Leeds, Asst. Atty. Gen., for appellee.
    Before HENDRY, DANIEL S. PEARSON and FERGUSON, JJ.
   PER CURIAM.

Adhering to this state’s unequivocal rules that any reference before the jury to the defendant’s declination to answer police questioning after being given Miranda warnings is constitutionally impermissible, see, e.g., Bennett v. State, 316 So.2d 41 (Fla.1975); Peterson v. State, 405 So.2d 997 (Fla. 3d DCA 1981); Barnes v. State, 375 So.2d 40 (Fla. 3d DCA 1979); and that a timely motion for mistrial directed to the reference is all that is required to make the error of the reference reversible without regard to consideration of its harm to the defendant when measured against the other evidence in the case, see, e.g., Clark v. State, 363 So.2d 331 (Fla.1978); Willinsky v. State, 360 So.2d 760 (Fla.1978); Shannon v. State, 335 So.2d 5 (Fla.1976); Bennett v. State, supra; Peterson v. State, supra (and cases collected therein); we reverse the defendant’s conviction and remand the cause for a new trial.

Reversed and remanded.


author: RYDER, Judge.

text:
    Patricia T. BOLTON, Appellant, v. G. Robert BOLTON, Appellee.
    Nos. 81-364, 81-967 and 81-968.
    District Court of Appeal of Florida, Second District.
    Feb. 17, 1982.
    Rehearing Denied April 14, 1982.

      Stevan T. Northcutt of Levine, Freedman, Hirsch & Levinson, P. A., Tampa, for appellant.
    John T. Allen, Jr., St. Petersburg, for appellee.
   RYDER, Judge.

Patricia Bolton appeals from the terms of a final judgment of dissolution of marriage and subsequent orders entered thereon. We deem it necessary to address several aspects of the orders entered below.

Appellant initially filed a dissolution action against appellee, but terminated that action by filing a notice of voluntary dismissal. On motion of appellee, the lower court taxed costs of $717.35 against appellant for the dismissed action, and directed appellant to pay $2,000.00 of appellee’s attorney’s fees incurred in defending the action. While attorney’s fees are not generally recoverable as part of the taxable costs for taking a voluntary dismissal, Campbell v. Maze, 339 So.2d 202 (Fla.1976), we have held that the court’s jurisdiction to award such fees survives a stipulation for dismissal of a dissolution action. Hadlock v. Hadlock, 137 So.2d 873 (Fla. 2d DCA 1962). See Knott v. Knott, 395 So.2d 1196 (Fla. 3d DCA 1981). We thus affirm the award of attorney’s fees in Case No. 81-968.

Appellant challenges the award of costs to appellee in Case No. 81-968 of $118.00 for xeroxing and $3.85 postage for documents furnished to her pursuant to discovery, and of $57.00 for a copy of a deposition not used at trial. The office expenses of counsel for appellee are not recoverable as costs. Seigler v. General Leisure Corp., 289 So.2d 429 (Fla. 1st DCA 1974). See Professional Computer Management, Inc. v. Tampa Wholesale Liquor Co., Inc., 374 So.2d 626 (Fla. 2d DCA 1979). Nor are copies of depositions recoverable in Florida. Davis v. Mandau, 400 So.2d 89, 90 (Fla. 2d DCA 1981); Paul v. Allstate Insurance Co., 380 So.2d 1307 (Fla. 2d DCA 1980). See Florida Greyhound Lines, Inc. v. Jones, 60 So.2d 396 (Fla.1952). We strike those items from the award of costs to appellee. The cost award in Case No. 81-968 is hereby reduced to $538.50.

Following dismissal of the action above, appellee filed a dissolution action which was prosecuted to final judgment in Case No. 81-364. The final judgment provided, in part, that appellant was to have temporary custody of the parties’ two minor children for a period of one year, premised on the condition that:

No member of the opposite sex stay in the home of respondent overnight and that they not be exposed in any way to Mr. James L. McGowan. Neither the petitioner nor respondent, during the period of temporary custody, shall expose the children to members of the opposite sex with whom they are dating.

We strike that part of the order prohibiting any male to stay overnight at appellant’s home as overbroad. As drawn, the prohibition would not permit even a male relative to be a guest of appellant. The private lives of the children and mother may not be so regulated. Trylko v. Trylko, 392 So.2d 1034 (Fla. 2d DCA), cert. dismissed, 399 So.2d 1147 (Fla.1981); Wambst v. Wambst, 391 So.2d 375 (Fla. 3d DCA 1980). We otherwise affirm the final judgment in Case No. 81-364.

The judgment of contempt entered against appellant in Case No. 81-967 is affirmed.

SCHEB, C. J., and HOBSON, J., concur.


text:
    Michelle R. ROGERS v. Irving F. ROGERS.
    No. 81-C-1244.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Irving F. Rogers, applying for writs of certiorari, or review. Court of Appeal, First Circuit. Parish of Terrebonne. No. 14083.

Granted and remanded to Court of Appeal for reconsideration, 401 So.2d 406, in light of Norsworthy v. Norsworthy, La., 397 So.2d 796 and Dedon v. Dedon, La., 404 So.2d 904.


text:
    SUCCESSION OF Sallie Gilliard Moore TAYLOR.
    No. 81-C-3107.
    Supreme Court of Louisiana.
    Jan. 8, 1982.
   In re Rev. Washington Starks, applying for certiorari, or writ of review. Court of Appeal, Second Circuit. Parish of Bossier. No. 14631.

Denied.


text:
    STATE of Louisiana ex rel., Alex LATHERS v. STATE of Louisiana.
    No. 81-KH-3304.
    Supreme Court of Louisiana.
    Jan. 8, 1982.
   In re Alex Lathers, applying for supervisory writ. Parish of E. Baton Rouge. No. 9-80-56, Sect. III.

Denied.


text:
    Sherman A. BERNARD, as Rehabilitator of First Republic Life Insurance Company v. PIKE BURDEN, INC., et al. Consolidated with: Al J. RANSOME and Marie D. Ransome v. SPECIAL DEVELOPMENT INC., et al.
    Nos. 81-C-2554, 81-C-2555.
    Supreme Court of Louisiana.
    Jan. 8, 1982.
   In re Al J. Ransome and Marie D. Ran-some, applying for reconsideration of granted writs with order, dated November 27, 1981. Court of Appeal, First Circuit. Parish of E. Baton Rouge. Nos. 14185 and 14186.

Denied.


text:
    STATE of Louisiana v. Ronald D. HIGGINBOTHAM.
    No. 82-K-0054.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Ronald D. Higginbotham, applying for supervisory writs. Parish of Calcasieu. No. 10101-81.

Writ granted. Plea of guilty and sentence set aside. Case remanded to trial court. See State v. Jones, 404 So.2d 1192 (La.1981).


text:
    Ike C. DULIN, Sr., et al. v. Ralph Dewayne BUIE, et al.
    No. 81-C-3312.
    Supreme Court of Louisiana.
    Jan. 25, 1982.
   In re North River Insurance Company, applying for writ of certiorari or review. Parish of Livingston. No. 34462.

Not considered. Not timely filed, see Rule 10 Sec. 5b.


text:
    STATE of Louisiana, ex rel. Sammie MORRIS v. Paul A. NEWELL, Presiding Judge, Second Judicial District Court, Parish of Claiborne, State of Louisiana, et al.
    No. 81-KH-3275.
    Supreme Court of Louisiana.
    Jan. 25, 1982
   In re Sammie Morris, applying for writ of certiorari and motion to proceed in forma pauperis. Parish of Claiborne.

Denied. La. RS 15:571.15 requires that this petition contesting computation of release date be filed in East Baton Rouge Parish.


text:
    Shirley Rae MEYERS, as Administratrix of the Estate of her Minor Child, Sheila Denise Meyers v. Kenneth L. SMITH, Dobbs Leasing, Inc., Brooks Products, Inc. and Aetna Casualty and Surety Company.
    No. 82-C-0109.
    Supreme Court of Louisiana.
    Feb. 5, 1982.
   In re Shirley Rae Meyers, as administra-trix of the estate of her minor child, Sheila Denise Meyers applying for writ of certio-rari. 24h Judicial District Court. Parish of Jefferson. No. 258-440.

Granted.


text:
    Melvin SMITH v. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, Office of Charity Hospital of Louisiana at New Orleans.
    No. 81-C-3266.
    Supreme Court of Louisiana.
    Feb. 8, 1982.
   In re George Hamner, Director of the Department of State Civil Service, applying for certiorari, or writ of review. Court of Appeal, First Circuit. East Baton Rouge Parish. No. 14858.

Writ granted.


text:
    STATE of Louisiana v. Earnest Felton GRAY.
    No. 82-K-0184.
    Supreme Court of Louisiana.
    Feb. 12, 1982.
   In re State of Louisiana, through the District Attorney, Joseph P. Beck, II, applying for writs of certiorari, writ of review. Parish of Grant. No. 37361.

Denied.

MARCUS, BLANCHE, and LEMMON, JJ. would grant.


text:
    Rose SCHIRO v. Mr. and Mrs. Anthony VIOLA.
    No. 82-C-0120.
    Supreme Court of Louisiana.
    Feb. 12, 1982.
   In re Rose Schiro, applying for certiorari, or writ of review. Court of Appeal, First Circuit. Parish'of Tangipahoa. No. 14477.

Denied.

MARCUS, J., to grant.


text:
    Viola L. FRANK v. CONTINENTAL STATES AUTO CLUB, INC. and Manchester Life Insurance Company.
    No. 82-C-0123.
    Supreme Court of Louisiana.
    Feb. 12, 1982.
   In re Viola L. Frank, applying for writs of certiorari and review. Court of Appeal, Third Circuit. Parish of Evangeline. No. 8364.

Denied.

DENNIS, WATSON, and LEMMON, JJ., to grant.


text:
    STATE of Louisiana In the Interest of Latrice SMITH.
    No. 82-CK-0126.
    Supreme Court of Louisiana.
    Feb. 12, 1982
   In re State of Louisiana, applying for writs of review or certiorari. Court of Appeal, Fourth Circuit. Parish of Orleans. No. 12558.

Denied.


text:
    Roy A. PUCKETT v. CAROLINA CASUALTY INSURANCE COMPANY.
    No. 82-C-0133.
    Supreme Court of Louisiana.
    Feb. 12, 1982.
   In re Roy A. Puckett, applying for certio-rari, or writ of review. Court of Appeal, Third Circuit. Rapides Parish. No. 8533.

Denied.


text:
    Leona Marie Landry REED v. Thomas Patrick REED.
    No. 82-C-0135.
    Supreme Court of Louisiana.
    Feb. 12, 1982.
   In re Thomas Patrick Reed, applying for writ of review. Court of Appeal, Fourth Circuit. Parish of Plaquemine. No. 12060.

Denied.


text:
    Buster C. SAUCIER, d/b/a Macarthur Village Beauty Shop v. JOHN-CLAI COMPANY, et al.
    No. 82-C-0136.
    Supreme Court of Louisiana.
    Feb. 12, 1982.
   In re John-Clai Company, et al., applying for certiorari, or writ of review. Court of Appeal, Third Circuit. Rapides Parish. No. 8551.

Denied.


text:
    Florence Comeaux PLACIDE v. Herbert PLACIDE, Jr.
    No. 82-C-0138.
    Supreme Court of Louisiana.
    Feb. 12, 1982.
   In re Florence Comeaux Placide, applying for certiorari or writ of review. Court of Appeal, Third Circuit. Iberia Parish. No. 8500.

Writ denied.

DIXON, C. J., would grant. WATSON, J., recused.


text:
    Bernie MILLET v. Caye NELSON, Colonial Penn Insurance Company, the Aetna Casualty and Surety Company, Blue Ridge Insurance Company.
    No. 82-C-0191.
    Supreme Court of Louisiana.
    Feb. 12, 1982.
   In re Caye Nelson, Blue Ridge Insurance Company and Colonial Penn Insurance Company, applying for certiorari, or writ of review. Court of Appeal, First Circuit. Parish of East Baton Rouge. No. 14330.

Writ denied.

CALOGERO and LEMMON, JJ., would grant.


text:
    STATE of Louisiana, ex rel., Glenn MARTINEZ v. STATE of Louisiana.
    No. 82-KH-0222.
    Supreme Court of Louisiana.
    Feb. 12, 1982.
   In re Glenn Martinez, applying for writs of certiorari, prohibition and mandamus. Parish of Jefferson. No. 81-2684.

Writ denied. Moot.


text:
    STATE of Louisiana ex rel. Robert E. BAKER v. Doug MOREAU, Judge, 19th JDC.
    No. 82-KH-0314.
    Supreme Court of Louisiana.
    Feb. 12, 1982.
   In re Robert E. Baker, applying for remedial writs. Parish of East Baton Rouge, 19th Judicial District Court.

Denied.


text:
    STATE of Louisiana ex rel., Christopher L. HARRISON alias Harold H. Hoffman v. STATE of Louisiana.
    No. 82-KH-0315.
    Supreme Court of Louisiana.
    Feb. 12, 1982.
   In re Christopher L. Harrison, applying for remedial writ. Parish of Terrebonne. No. 116648.

Denied.


text:
    STATE of Louisiana ex rel. William J. GUSTE, Jr., Attorney General v. ESTATE OF Numa Paul HIMBERT, et al.
    No. 82-C-0348.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re State of Louisiana, applying for writ of certiorari, or review to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 410 So.2d 285.

Granted. Remanded to court of appeal with instructions to treat appeal as application for supervisory writs under C.C.P. Art. 2201 and to act on application.

BLANCHE, J., recused.


text:
    GREATER NEW ORLEANS CAMPGROUND ASSOCIATION v. CITY OF NEW ORLEANS, City Park Board, New Horizons Tours, Inc., Bill Lagrange’s Creative World Rallies and Wally Byam Caravan Club International.
    No. 82-C-0443.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Greater New Orleans Campground Association, applying for supervisory writs and stay order. Parish of Orleans. No. 81-16525.

Denied.


text:
    Lloyd SHAW d/b/a L&G Concessions and his Associates and Others v. The PARISH OF JEFFERSON, The Jefferson Parish Council, The Jefferson Parish Sheriff, Harry Lee.
    No. 82-C-0446.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Lloyd Shaw d/b/a L&G Concessions and His Associates and Others, applying for writ of certiorari. Parish of Jefferson. No. 263-438.

Denied. Relator should first apply to the Court of Appeal.

DIXON, C. J., would deny the writ application.


text:
    STATE of Louisiana, ex rel., Prosper FRANK, Jr. v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary.
    No. 81-KH-3009.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Prosper Frank, Jr., applying for writ of habeas corpus. St. Landry Parish. No. 33753-A.

Granted. Out of time appeal ordered.


text:
    STATE of Louisiana ex rel., Clarence DAVIS v. Edwin A. LOMBARD.
    No. 81-KH-3099.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Clarence Davis, applying for writs of supervisory and remedial and alternatively petition for a writ of mandamus. Parish of Orleans. No. 257-465.

Writ granted. The district court is ordered to furnish relator with a copy of his Boykin transcript.


text:
    STATE of Louisiana ex rel., Calvin BLAKES v. Edwin A. LOMBARD.
    No. 81-KH-3100.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Calvin Blakes, applying for supervisory and remedial writs and alternatively petition for a writ of mandamus. Parish of Orleans. No. 244-332.

Granted. Trial court is ordered to furnish defendant a Boykin transcript.


text:
    STATE of Louisiana v. Larry SIMS.
    No. 82-K-0260.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Larry Sims, applying for writ of certiorari, prohibition, and mandamus. Parish of Jefferson. No. 80-2634.

Writ granted. The detainer issued herein is ordered removed from defendant’s record unless the district attorney elects to charge relator and proceeds to promptly try him.


text:
    STATE of Louisiana, ex rel., Sheryl LYNCH v. Johnnie JONES, Warden, St. Gabriel Correctional Institute.
    No. 82-K-0298.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Sheryl Lynch, applying for writs of certiorari, mandamus and prohibition. Parish of Sabine. No. 25295.

Granted. Out of time appeal ordered and an attorney should be appointed to represent relator on appeal.


text:
    Dan THOMPSON v. TELEDYNE MOVIBLE OFFSHORE, INC., et al.
    No. 82-C-0339.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Dan Thompson, applying for writ of certiorari. Parish of Rapides. No. 118141.

Writ granted.


text:
    STATE of Louisiana v. Raymond WOODALL.
    No. 82-K-0346.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Raymond Woodall, applying for writs of certiorari or review. Parish of Orleans. No. 259-043.

Granted. Trial judge ordered to permit defendant to amend his motion for new trial filed in the district court on January 15, 1982 and to hold a hearing forthwith.


text:
    STATE of Louisiana ex rel., Feltus TAYLOR v. CLERK OF COURT, 19TH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE.
    No. 81-KH-3121.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Feltus Taylor, applying for writ of mandamus. Parish of East Baton Rouge.

Granted. Trial court is ordered to furnish relator a Boykin transcript; otherwise denied.


text:
    STATE of Louisiana ex rel., Donald BROWN v. STATE of Louisiana.
    No. 82-KH-0377.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Donald Brown, applying for motion for bond reduction. Parish of Terrebonne.

Denied.


text:
    STATE of Louisiana ex rel., Anthony C. DUKES v. STATE of Louisiana.
    No. 81-KH-1878.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Anthony C. Dukes, applying for writ of mandamus. Parish of Orleans. No. 261-681.

Writ denied. Relator must first petition the Orleans Parish Criminal District Court for relief. This Court further transfers to the district court the letter request filed in this Court by relator for appropriate action.


text:
    STATE of Louisiana ex rel., Joseph R. SIEGEL v. Ross MAGGIO, Warden.
    No. 81-KH-3005.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Joseph R. Siegel, applying for remedial writ. Parish of East Baton Rouge. No. 1-74-8052.

Denied.


text:
    STATE of Louisiana ex rel., Willie THOMAS v. STATE of Louisiana.
    No. 81-KH-3010.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Willie Thomas, applying for writs of certiorari, habeas corpus and mandamus. Parish of Jefferson. Nos. 75-1195 and 75-1866.

Denied.


text:
    STATE of Louisiana ex rel., R. Richard SLACK v. Ross MAGGIO, Warden.
    No. 81-KH-3012.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re R. Richard Slack, applying for writ of habeas corpus. Parish of Beauregard. No. C-331-81.

Denied.


text:
    STATE of Louisiana ex rel., Bruce Allen COOK v. STATE of Louisiana.
    No. 81-KH-3026.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Bruce Allen Cook, applying for remedial writs. Parish of Caddo. No. 114954.

Denied.


text:
    STATE of Louisiana ex rel., Steve Edward ALLEN v. John T. KING, Secretary, Louisiana Department of Corrections.
    No. 81-KH-3041.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Steve Edward Allen, applying for writs of certiorari, prohibition, mandamus and habeas corpus. Parish of Orleans. Nos. 267-105, 276-736 and 268-089.

Denied.


text:
    Larry McELROY v. James C. VEST, et al.
    No. 82-C-0321.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Hartford Accident and Indemnity Company, applying for certiorari, or writ of review to the Court of Appeal, Third Circuit. Parish of Iberia. 407 So.2d 25.

Denied.


text:
    Maxwell DESSELLE v. Jane GUILLORY, et vir. Kenneth MAILLET v. Jane GUILLORY, et vir. Garland DESSELLE v. Jane GUILLORY, et vir.
    No. 82-C-0304.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Maxwell Desselle, Kenneth Maillet and Garland Desselle, applying for certiora-ri, or writ of review, to the Court of Appeal, Third Circuit. Parish of Avoyelles. 407 So.2d 79, and 407 So.2d 84.

Writ denied.

DIXON, C. J., and DENNIS, J., would grant the writ.


text:
    SUCCESSION OF Henry J. SPANN, Dorman Fay Harris Spann v. Henry and Mildred SPANN.
    No. 82-C-0309.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Henry and Mildred Spann, applying for writ of certiorari and review. Third Circuit Court of Appeal. Parish of Concor-dia. 407 So.2d 441.

Writ denied.


text:
    LOUISIANA RESOURCES COMPANY v. Karlan P. GREENE, et al. LOUISIANA RESOURCES COMPANY v. Walter NOEL.
    No. 82-C-0310.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Karlan P. Greene, Randall Greene and Walter Noel, applying for certiorari or writ of review, to the Court of Appeal, Third Circuit. Parish of Vermilion. 406 So.2d 1360, and 406 So.2d 1373.

Denied.

LEMMON, J., would grant and remand to the trial court for introduction and consideration of evidence of severance damages.

CALOGERO, J., would grant the writ.


text:
    Jude CROSBY v. The GREAT ATLANTIC & PACIFIC TEA COMPANY.
    No. 82-C-0301.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re The Great Atlantic & Pacific Tea Company, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Jefferson. 408 So.2d 11.

Denied.


text:
    Maxwell DESSELLE v. Jane GUILLORY, et vir.
    No. 82-C-0295.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Gerard Guillory and Jane Guillory, applying for writs of certiorari, to the Court of Appeal, Third Circuit. Parish of Avoyelles. 407 So.2d 79.

Writ denied.


text:
    Lee J. DAUZAT v. NOVA FORD, et al.
    No. 82-C-0291.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Lee J. Dauzat, applying for certio-rari, or writ of review, to the Court of Appeal, Third Circuit. Avoyelles Parish. 407 So.2d 48.

Denied-


text:
    John G. THIBODEAUX v. DRESSER INDUSTRIES, INC.
    No. 82-C-0271.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Dresser Industries, Inc., applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of St. Landry. 407 So.2d 37.

Denied.


text:
    Mr. and Mrs. Ray REECH v. The OPTIMIST CLUB OF DOWNTOWN BATON ROUGE, LOUISIANA, INC., et al.
    No. 82-C-0192.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Mr. and Mrs. Ray Reech, applying for writ of certiorari or review, to the First Circuit Court of Appeal. Parish of East Baton Rouge. 408 So.2d 399.

Writ denied.

DIXON, C. J., and DENNIS, J., would grant the writ.


text:
    Gloria Powers THOMAS v. James Alexander THOM, IV.
    No. 82-C-0193.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Gloria Powers Thomas, applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 408 So.2d 442.

Denied.


text:
    Rita M. CARR v. PORT SHIP SERVICE, INC., The Manhattan Life Ins., Company of New York, and the National Life & Accident Ins., Company.
    No. 82-C-0145.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Manhattan Life Ins. Company of New York, applying for writ of certiorari or review, to the Fourth Circuit Court of Appeal. Parish of Jefferson. 406 So.2d 632.

Denied.

MARCUS, BLANCHE and LEMMON, JJ., would grant the writ.


text:
    Dean GORDON, Individually and on Behalf of the Minor, Lisa C. Gordon v. ALEXANDRIA COCA-COLA BOTTLING COMPANY, LTD. and The Coca-Cola Company.
    No. 82-C-0153.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Dean Gordon, Individually and on behalf of the minor Lisa C. Gordon, applying for writ of certiorari and review, to the Third Circuit Court of Appeal. Parish of Rapides. 408 So.2d 1007.

Denied.

DIXON, C. J., CALOGERO and DENNIS, JJ., would grant the writ.


text:
    Charles GLOVER v. SOUTHERN PIPE & SUPPLY COMPANY & Chubb Pacific Indemnity Company.
    No. 82-C-0122.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Southern Pipe and Supply Company and Federal Insurance Company, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 408 So.2d 352.

Denied.

MARCUS, DENNIS and BLANCHE, JJ., would grant the writ.


text:
    SOUTHERN NATURAL GAS COMPANY v. Bill C. SUTTON, et al. SOUTHERN NATURAL GAS COMPANY v. SUN FRESH FARMS OF LOUISIANA PARTNERSHIP, et al.
    No. 82-C-0057.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Bill C. Sutton, et al. and Sun Fresh Farms of Louisiana, Partnership, et al., applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit. Parish of Bienville. 406 So.2d 669.

Denied.

DIXON, C. J., and WATSON, J., would grant only as to attorney fee issue.


text:
    SOUTHERN NATURAL GAS COMPANY v. Billie J. Cummings POLAND, et al., Charles Wesley Jordan, et al., William Travis Lowrey, et al., Steven W. Sutton, et al., Elmer D. Walker, et al., Glenn C. Lowrey, et al., Grace Pruitt, Larry C. Sutton, et al., Billie C. Sutton, et al.
    No. 82-C-0058.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Billie J. Cummings Poland, et al. applying for writ of certiorari or review, to the Court of Appeal, Second Circuit. Parish of Bienville. 406 So.2d 657.

Denied.

DIXON, C. J., and WATSON, J., would grant only as to attorney fee issue.


text:
    INGRAM OIL COMPANY, a Division of Ingram Oil Corporation v. ST. JOHN THE BAPTIST PARISH SCHOOL BOARD; Felix N. LeBouef; Fernard A. Becnel; Maurice Entremont; Harry Robottom; Charles M. Duhon; Stanley H. Gring; Gary Keating; Charles J. Watsins; Alvin M. Perret and Francis X. Champagne. NORTHEAST PETROLEUM CORPORATION v. ST. JOHN THE BAPTIST PARISH SCHOOL BOARD.
    No. 82-C-0103.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Northeast Petroleum Corporation, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. St. John the Baptist Parish. 406 So.2d 784.

Denied.

CALOGERO, J., would grant the writ.


text:
    LAFAYETTE PARISH SCHOOL BOARD v. MARKET LEASING CO., INC.
    No. 82-C-0306.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Lafayette Parish School Board, applying for writ of certiorari or review to the Court of Appeal, Third Circuit. Parish of Iberia. 407 So.2d 23.

Granted.


text:
    MISSOURI MEAT COMPANY v. Donald RICHARD, Pistols Plumbing and Maintenance Inc., and Kenneth E. Vitello, d/b/a Vitello Refrigeration Service Company.
    No. 82-C-0307.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Missouri Meat Company, applying for writ of certiorari, Third Circuit Court of Appeal. Parish of Calcasieu. 407 So.2d 17.

Granted.

WATSON, J., recused.


text:
    Willie W. JOHNSON v. James Al ALEXANDER, et al.
    No. 82-C-0284.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re United States Fidelity and Guaranty Company applying for writ of certiorari, or review to the Court of Appeal, Third Circuit. Parish of Calcasieu. 406 So.2d 1378.

Granted.


text:
    Willie W. JOHNSON v. James A. ALEXANDER, et al.
    No. 82-C-0270.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Willie W. Johnson, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Calcasieu Parish. 406 So.2d 1378.

Granted.


text:
    Roland VEAZEY and Dora Choate Veazey v. W. T. BURTON INDUSTRIES, INC.
    No. 82-C-0255.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Roland Veazey and Dora Choate Veazey, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Vermilion. 407 So.2d 59.

Writ granted. The exception of no cause of action is overruled. Case remanded for further proceedings in accordance with law.

WATSON, J., dissents.


text:
    CORINNE PARK CIVIC ASSOCIATION, George W. Martin, N. P. McCrimmon, Ronald J. Juneau, Joseph W. Juneau, Lawrence Brown, William L. Dunlap, Claiborne T. Baye, Herbert R. Buras, and James L. Guarino v. The POLICE JURY OF the PARISH OF ST. BERNARD, Bertrand Odinet, Roy Gonzales, Peter Periciaro, Louis Munster, John Metzler, Nick Cusimano, Claude Mumphrey, Celestine Melerine, Scott Molero, Ronald J. Bergeron, Thomas Reed, Parish Engineer, and Angelo Chetta, in his Capacity as Director-Secretary of the St. Bernard Parish Planning Commission.
    No. 82-C-0090.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re The Police Jury of the Parish of St. Bernard, et al, applying for writs of certio-rari or review to the Court of Appeal, Fourth Circuit. Parish of St. Bernard. 407 So.2d 438.

Writ granted.


text:
    STATE of Louisiana ex rel., Cleveland WILLIAMS, Michael Herbert v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary, et al.
    No. 81-KH-3093.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Cleveland Williams and Michael Herbert, applying for remedial writs. Parish of Orleans.

Writ denied.


text:
    STATE of Louisiana, ex rel., Walter QUINN v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary.
    No. 81-KH-3123.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Walter Quinn, applying for writs of certiorari, habeas corpus, and mandamus. Orleans Parish. No. 224-933.

Denied.


text:
    STATE of Louisiana, ex rel., David WEBB v. Honorable Rudolph F. BECKER, III, Judge, Criminal District Court, Section “E”; Honorable Harry F. Connick, District Attorney and State of Louisiana, et al.
    No. 82-KH-0114.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re David Webb, applying for writ of habeas corpus and mandamus. Parish of Orleans. No. 272-444.

Writ denied. Relator must first seek relief in the district court.


text:
    CLEAN LAND AIR WATER CORPORATION, et al. v. ROLLINS ENVIRONMENTAL SERVICES OF LOUISIANA, INC., et al.
    No. 82-C-0132.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Gerald I. Hebert, Individually, and as liquidator of Clean Land Air Water Corporation, et al., applying for Supervisory and Remedial Writs. Parish of Iberville. No. 26,841.

Writ denied.


text:
    In the Matter of Amy PALMER and Megan Palmer. Consolidated with: Mrs. Donna Lee MESSINA, wife of Michael Palmer v. Michael PALMER.
    No. 82-C-0167.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Mrs. Donna Lee Messina, divorced wife of Michael Palmer and Mr. and Mrs. Sebastian Frank Messina, applying for writs of certiorari, prohibition and mandamus. Civil District Court. Parish of Orleans. Nos. 81-5925 and 81-5476.

Denied.


text:
    STATE of Louisiana v. Carl Dennis WAREN.
    No. 82-K-0168.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Carl Dennis Waren, applying for remedial and supervisory writs. Parish of Ouachita. No. 39639.

Denied.

DIXON, C. J., CALOGERO and LEM-MON, JJ., would grant the writ.


text:
    STATE of Louisiana ex rel., Ray JONES, Jr. v. Judge John R. BALLARD.
    No. 82-KH-0179.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Ray Jones, Jr., applying for writ of mandamus. Parish of Caddo, 1st Judicial District Court. No. 110300.

Denied. Moot.


text:
    STATE of Louisiana v. Randy P. DUHON.
    No. 82-K-0206.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Randy P. Duhon, applying for writs of certiorari, prohibition and mandamus. Jefferson Parish. No. 81-3990.

Denied. Adequate remedy by review in event of conviction.


text:
    STATE of Louisiana v. Leonard TAYLOR.
    No. 82-K-0212.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Leonard Taylor, applying for writ of review. Parish of Caddo. No. 104095.

Writ denied on the showing made.


text:
    STATE of Louisiana, ex rel., Clarence RANDOLPH v. Charles C. FOTI, Jr., Sheriff and State of Louisiana.
    No. 82-KH-0224.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Clarence Randolph, applying for writs of certiorari and prohibition. Parish of Orleans. No. 267-145.

Writ denied.


text:
    STATE of Louisiana, ex rel., Paul J. LACOSTE v. Frank BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 82-K-0238.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Paul J. Lacoste, applying for writ of certiorari and review. Parish of Orleans. No. 200-274.

Denied.


text:
    STATE of Louisiana, ex rel., Larry Wayne WISE v. STATE of Louisiana.
    No. 82-KH-0247.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Larry Wayne Wise, applying for remedial writs. Parish of DeSoto. No. 40689.

Denied. Briefs are not due until March 11, 1982.


text:
    STATE of Louisiana v. Russell MARLER.
    No. 82-K-0267.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Russell Marler, applying for writs of certiorari, prohibition, mandamus and for a stay order. Parish of West Feliciana. No. W-81-6-945.

Denied on the showing made.


text:
    STATE of Louisiana ex rel., Simon SMITH, Jr. v. Clyde WEBER, Clerk of Court, and Honorable Richard P. Boyd, Judge, Concordia Parish.
    No. 82-KH-0273.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Simon Smith, Jr., applying for writ of mandamus. Parish of Concordia.

Denied. Moot.


text:
    STATE of Louisiana v. Jessie Lee RAMBO.
    No. 82-K-0275.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Jessie Lee Rambo, applying for writ of review, to the 2nd Judicial District Court. Parish of Bienville. No. 20893.

Writ denied.


text:
    STATE of Louisiana, ex rel., Fred Lamar KYZER v. Frank BLACKBURN, Warden.
    No. 82-K-0292.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Fred Lamar Kyzer, applying for writs of certiorari, prohibition, mandamus and stay order. Parish of St. Mary. No. 101177.

Denied.


text:
    JOHNNY’S PIZZA HOUSE, INC. v. G & H PROPERTIES, INC.
    No. 82-C-0296.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re G & H Properties, Inc., applying for writs of certiorari, prohibition, mandamus and stay order. Parish of Ouachita. No. 128053.

Denied.


text:
    In the Matter of the SUCCESSION OF Fred R. LEVY. and In the Matter of the SUCCESSION OF Susie Dawson LEVY.
    No. 82-C-0302.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Jesse W. Reynolds, Fred Miles Levy, Jerome Daigre (Daiges), Carl Daigre (Daig-es), and Yvonne Levy Hawkins, applying for writ of certiorari, prohibition and mandamus. Parish of East Baton Rouge. Nos. 33879 and 31826.

Denied. Relator must first apply to the court of appeal.


text:
    SPECIAL GRAND JURY INVESTIGATION (Daniel COATES).
    No. 82-O-0317.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re State of Louisiana, applying for writs of certiorari, mandamus and prohibition. Parish of Orleans.

Denied.

MARCUS, J., would grant the writ.


text:
    SPECIAL GRAND JURY INVESTIGATION (Shelia SOLOW).
    No. 82-O-0318.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Shelia Solow, applying for writs of certiorari, mandamus and prohibition. Parish of Orleans.

Denied.


text:
    STATE of Louisiana, ex rel., DAUL INSURANCE AGENCY, INC. v. PARISH OF JEFFERSON, et al.
    No. 82-C-0297.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Daul Insurance Agency, Inc., applying for writ of certiorari or review. Parish of Jefferson. No. 261-727.

Denied.

WATSON, J., recused.


text:
    In re Bill Allen STEWART, Applying for Adoption.
    No. 82-C-0341.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Felton Glen Wake, Jr., applying for remedial writs. Juvenile Court. Caddo Parish. No. 7020.

Denied.


text:
    STATE of Louisiana v. Jerry MOORE.
    No. 82-K-0349.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Jerry Moore, applying for writs of certiorari, prohibition and mandamus. Parish of East Baton Rouge. No. 66928.

Writ denied.


text:
    Helen LOVELESS, et al. v. Curtis TATE, et al. Consolidated with Curtis TATE v. Joseph R. RYAN, et al.
    No. 82-C-0359.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Gay 90’s Carriages, Inc. and Ambassador Insurance Company, applying for writ of certiorari, or review. Parish of Orleans. No. 80-18960 C/W 80-18152.

Denied.


text:
    STATE of Louisiana v. Leon HUGHES, Jr.
    No. 82-K-0386.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Leon Hughes, Jr., applying for writs of review and for a stay order. Parish of Winn. No. 26155.

Denied.


text:
    STATE of Louisiana v. Warren JONES and Reginald Davis.
    No. 82-K-0400.
    Supreme Court of Louisiana.
    Feb. 19, 1982.
   In re Warren Jones and Reginald Davis, applying for writs of certiorari. Madison Parish. Nos. 82-38 and 82-39.

Denied.


text:
    Virjama Y. WYLES v. Eugene J. WYLES.
    No. 82-C-0448.
    Supreme Court of Louisiana.
    Feb. 24, 1982.
   In re Eugene J. Wyles, applying for writs of review and for a stay order. Parish of Winn. No. 23614.

Writ denied.


text:
    STATE of Louisiana v. Samuel BASS.
    No. 82-K-0487.
    Supreme Court of Louisiana.
    Feb. 26, 1982.
   In re Samuel Bass, applying for writ of certiorari, or review. Parish of Grant.

Bond reduced to $5,000.


text:
    STATE of Louisiana v. Darold COMEAUX.
    No. 82-K-0499.
    Supreme Court of Louisiana.
    March 1, 1982.
   In re Darold Comeaux, applying for stay of execution of sentence. City Court of Lafayette. Lafayette Parish. Nos. SC-21685 and SC-21686.

Stay order denied. Relator has adequate remedy in Federal District Court.


text:
    STATE of Louisiana ex rel., William S. JOHNSON v. STATE of Louisiana.
    No. 82-KH-0117.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re William S. Johnson, applying for remedial writ. Parish of Orleans. No. 263-196, Section B.

Denied.


text:
    STATE of Louisiana ex rel., Frank L. DELPH v. STATE of Louisiana.
    No. 82-KH-0170.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Frank L. Delph, applying for writ of mandamus. Parish of E. Baton Rouge. No. 7-81-291.

Denied. Relief prayed for is in process.


text:
    STATE of Louisiana, ex rel., Robert D. HICKS v. STATE of Louisiana.
    No. 82-KH-0223.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Robert D. Hicks, applying for remedial writs. Parish of Jefferson.

Writ denied.


text:
    STATE of Louisiana ex rel. Johnny Lee SULLIVAN v. STATE of Louisiana.
    No. 82-KH-0263.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Johnny Lee Süllivan, applying for writ of habeas corpus. Parish of Orleans. No. 276-394.

Denied.


text:
    STATE of Louisiana v. Calvin BRIDGES and Ulysses Tanner.
    No. 82-K-0265.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re State of Louisiana, through the Asst. District Attorney, Sheila Myers, applying for writ of certiorari. Parish of Orleans. Nos. 280-333 and 280-328.

Denied.


text:
    STATE of Louisiana v. Daniel Joseph LABAUVE.
    No. 82-K(A)-0279.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Daniel Joseph LaBauve, applying for remedial writs. Parish of Cameron. Nos. 13310 and 13320.

Denied.


text:
    Jeannine Elizabeth Tobin HAMITER v. James Jewell HAMITER.
    No. 82-C-0361.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re James Jewell Hamiter, applying for supervisory writs. Parish of Caddo. No. 269151.

Writ denied.


text:
    CITY OF MONROE v. Rickey L. HUCKABY.
    No. 82-K-0379.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Rickey L. Huckaby, applying for remedial writs. Parish of Ouachita. No. 303.

Denied.

CALOGERO and DENNIS, JJ., would grant the writ.


text:
    STATE of Louisiana v. George W. SONNIER.
    No. 82-K[A]-0388.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re State of Louisiana, through the District Attorney, J. Nathan Stansbury, applying for remedial writs. Parish of Lafayette. Nos. 81-2342 and 81-2343:

Denied.


text:
    GULF STATES UTILITIES COMPANY v. Katherine Wedge MUNSON, et al. GULF STATES UTILITIES COMPANY v. Robert H. PEAIRS, et al. GULF STATES UTILITIES COMPANY v. Clyde R. TURNER. GULF STATES UTILITIES COMPANY v. Bebe McNeely KALENCKI, et al.
    No. 82-C-0401.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Katherine Wedge Munson, et al., applying for remedial writs. East Feliciana Parish. Nos. A-17-292, A-17-293, A-17-230 and A-17-231.

Denied.


text:
    Marjorie Lustick, Wife of/and Scott I. MORGAN v. Georgette B. DOBARD and the A. B. C. Individuals and Companies.
    No. 82-C-0403.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Prudential Property and Casualty Insurance Company, applying for supervisory writs and writs of certiorari. Parish of Orleans. No. 79-5057.

Denied.

MARCUS and BLANCHE, JJ., would grant the writ.


text:
    STATE of Louisiana ex rel. Alvin SAM v. STATE of Louisiana.
    No. 82-KH-0334.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Alvin Sam, applying for remedial writs. Parish of Evangeline. No. 22709.

Denied.


text:
    STATE of Louisiana v. Alvin WELCH.
    No. 82-K-0407.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Alvin Welch, applying for writs of certiorari, writ of review, prohibition and mandamus. Parish of Jefferson. No. 81-3951.

Denied. Adequate remedy by appeal in event of conviction.


text:
    Walter A. PACE, Jr. v. Sharon Porter CAGE, et al.
    No. 81-C-0547.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Hartford Accident and Indemnity Company, applying for writ of certiorari or review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 394 So.2d 1274.

Writ granted.


text:
    NEW ORLEANS FIREFIGHTERS ASSOCIATION, et als. v. CIVIL SERVICE COMMISSION OF the CITY OF NEW ORLEANS, et als.
    No. 82-C-0025.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Civil Service Commission of the City of New Orleans, applying for writs of prohibition, certiorari and review to the Court of Appeal, Fourth Circuit. Parish of Orleans. 406 So.2d 752.

Granted.


text:
    Ollie Mae JACKSON v. ST. LANDRY PARISH SCHOOL SYSTEM.
    No. 82-C-0300.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re St. Landry Parish School System, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of St. Landry. 407 So.2d 51.

Denied.

BLANCHE, J., would grant the writ.


text:
    Ollie Mae JACKSON v. ST. LANDRY PARISH SCHOOL BOARD.
    No. 82-C-0305.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Ollie Mae Jackson, applying for certiorari or writ of review. Court of Appeal, Third Circuit, St. Landry Parish. 407 So.2d 51.

Writ denied.


text:
    Floyd Ray PORTER v. Ben JOHNSON, III, Executor of the Succession of William Campbell Nabors, a/k/a W. C. Nabors.
    No. 82-C-0330.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Floyd Ray Porter, applying for cer-tiorari, or writ of review, to the Court of Appeal, Second Circuit. Parish of DeSoto. 408 So.2d 961.

Writ denied.

DIXON, C. J., CALOGERO and DENNIS, JJ., would grant the writ.


text:
    Frances M. HEAD v. ST. PAUL FIRE & MARINE INSURANCE COMPANY.
    No. 82-C-0356.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Hospital Service District # 1 of St. Landry Parish, Louisiana d/b/a Moosa Memorial Hospital and St. Paul Fire & Marine Insurance Company, applying for writs of certiorari or review, to the Court of Appeal, Third Circuit. Parish of St. Landry. 408 So.2d 1174.

Denied.

MARCUS and BLANCHE, JJ., would grant the writ.


text:
    Louis M. WATTIGNEY, Jr. v. GOVERNMENT EMPLOYEES INSURANCE COMPANY.
    No. 82-C-0371.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Government Employees Insurance Company, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Jefferson. 407 So.2d 1261.

Writ denied.

LEMMON, J., would grant the writ.


text:
    Beverly Shoap WILHITE v. Sidney R. WILHITE.
    No. 82-C-0376.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Sidney R. Wilhite, applying for writ of certiorari, or review, to the Second Circuit Court of Appeal. Parish of Ouachita. 408 So.2d 973.

Writ denied.


text:
    STATE of Louisiana v. Dr. Houston D. HUGHES and Dr. William M. Jackson.
    No. 82-K-0595.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re State of Louisiana, through the Attorney General Barbara Rutledge, applying for writs of certiorari, mandamus, prohibition and a stay order. Parish of Livingston.

Upon relator’s counsel’s representation that the matter is now moot, the writ is Denied.


text:
    STATE of Louisiana v. John VAUGHN.
    No. 82-K-0607.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re John Vaughn, applying for writs of certiorari, review, and a stay order. Parish of Rapides. Nos. 202622 through 202633.

Denied.


text:
    Herbert COLEMAN, as Executor For the Estate of Ed Coleman v. OCCIDENTAL LIFE INSURANCE COMPANY OF NORTH CAROLINA, et al.
    No. 82-C-0285.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Herbert Coleman, as executor for the estate of Ed Coleman, applying for writ of certiorari, or review, to the Court of Appeal, Third Circuit. Parish of Rapides. 407 So.2d 6.

Granted.


text:
    Johnny HAMMOND v. FIDELITY & CASUALTY COMPANY OF NEW YORK.
    No. 82-C-0326.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Johnny Hammond, applying for writ of certiorari, or review, to the Court of Appeal, Third Circuit. Parish of Calcasieu. 407 So.2d 13.

Granted.


text:
    Henry COLLINS, et ux. v. CAPITAL VALVE AND FITTING, INC., et al.
    No. 81-C-1976.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Henry and Clara Collins, applying for reconsideration of denial of rehearing, Court of Appeal, First Circuit. East Baton Rouge Parish. 409 So.2d 579.

Reconsideration denied.


text:
    Monty D. DARBONNE, et al. v. DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, et al.
    No. 82-C-0134.
    Supreme Court of Louisiana.
    March 12, 1982.
   In re Monty D. Darbonne, et ux; applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of St. Landry. 408 So.2d 309.

Denied.


text:
    STATE of Louisiana v. Mark N. LEVASSEUR.
    No. 82-K-0439.
    Supreme Court of Louisiana.
    March 19, 1982.
   In re Mark N. Levasseur, applying for writ of certiorari. 11th Judicial District Court. Parish of DeSoto. No. 45765.

Denied.

CALOGERO and DENNIS, JJ., would grant the writ.


text:
    STATE of Louisiana ex rel. Keith W. LEDET v. 32ND JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE, HOUMA, LOUISIANA 70360.
    No. 82-KH-0351.
    Supreme Court of Louisiana.
    March 19, 1982.
   In re Keith W. Ledet, applying for writ of mandamus. Parish of Terrebonne. No. 57710.

Denied. Moot.


text:
    STATE of Louisiana ex rel. Leslie C. GLISSON v. Carl G. HAMMONDS.
    No. 82-KH-0367.
    Supreme Court of Louisiana.
    March 19, 1982.
   In re Leslie C. Glisson, applying for writ of habeas corpus. Parish of Caddo.

Denied. Moot.


text:
    STATE of Louisiana ex rel. Donald Joe FORD v. Honorable Frank SHEA, Judge, Criminal District Court Section “G”.
    No. 82-KH-0368.
    Supreme Court of Louisiana.
    March 19, 1982.
   In re Donald Joe Ford, applying for writ of mandamus. Orleans Parish. No. 270-581.

Writ denied.


text:
    STATE of Louisiana v. Manzie REESE and Mizell Reese.
    No. 82-K-0402.
    Supreme Court of Louisiana.
    March 19, 1982.
   In re Manzie Reese and Mizell Reese, applying for writs of certiorari, prohibition, review and mandamus. Parish of More-house. No. 81-2428A.

Denied.


text:
    STATE of Louisiana v. Wandall COODY.
    No. 82-K-0413.
    Supreme Court of Louisiana.
    March 19, 1982.
   In re Wandall Coody, applying for writs of certiorari and/or writ of review. Parish of Ouachita. No. 81-2426A.

Denied.


text:
    Precious LINDSAY v. Carl WEGENER and Government Employees Insurance Company.
    No. 82-C-0430.
    Supreme Court of Louisiana.
    March 19, 1982.
   In re Government Employees Insurance Company, applying for supervisory writs and alternatively, for writs of certiorari. Parish of Orleans. No. 78-12151.

Denied.


text:
    Ann Elfert BOURGEOIS, Wife of Kenneth Bourgeois v. Kenneth BOURGEOIS. Consolidated with: Kenneth BOURGEOIS v. Ann Elfert BOURGEOIS, Wife of Kenneth Bourgeois.
    No. 82-C-0436.
    Supreme Court of Louisiana.
    March 19, 1982.
   In re Ann Elfert Bourgeois, applying for certiorari or writ of review, to the Court of Appeal, Fourth Circuit. Orleans Parish. Nos. 12394 and 12395.

Denied.

DIXON, C. J., and DENNIS, J., would grant the writ.


author: CALOGERO, J.,

text:
    In re Judicial Commitment of Ernest J. MITTLEBRONN, III, D. D. S.
    No. 82-C-0740.
    Supreme Court of Louisiana.
    March 29, 1982.
   In re Ernest J. Mittlebronn, III, applying for Writs of Certiorari, Prohibition, Mandamus and Stay Order, Orleans Parish.

Denied. Relator has not made a showing which entitled him to relief sought.

CALOGERO, J.,

concurs in the denial. Relator has not applied for voluntary admission to a treatment facility nor been admitted by a treating physician on either a formal or informal basis. He has not shown that he is entitled to relief. Relator has not furnished us with a copy of his habeas application.