text:
    Marianne H. ENGLE, Appellant, v. Henry Charles MORRILL, Appellee.
    Case No. 2D17-5134
    District Court of Appeal of Florida, Second District.
    Opinion filed November 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


source: Caselaw Access Project

license: Public Domain

text:
    Terrance D. OLIVER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3700
    District Court of Appeal of Florida, Second District.
    Opinion filed November 9, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Lerome Eugene HOWARD, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-4348
    District Court of Appeal of Florida, Second District.
    Opinion filed November 9, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Terry Lee HAYNES, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1205
    District Court of Appeal of Florida, Second District.
    Opinion filed November 9, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    STATE of Florida, Appellant, v. Jaccari CROXTON, Appellee.
    Case No. 2D17-1246
    District Court of Appeal of Florida, Second District.
    Opinion filed November 9, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Clifford L. GOLDEN, DOC #R03164, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2269
    District Court of Appeal of Florida, Second District.
    Opinion filed November 9, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    John L. SANDERS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2936
    District Court of Appeal of Florida, Second District.
    Opinion filed November 9, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Arnold ADAMS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3092
    District Court of Appeal of Florida, Second District.
    Opinion filed November 9, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    William E. STARGEL, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-692
    District Court of Appeal of Florida, Second District.
    Opinion filed November 9, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Joseph Matthew KELLEY, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3329
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Marion Thurman TIDWELL, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3403
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    John L. NORMAN, Appellant, v. BAY WINDS LODGING SARASOTA, LLC, d/b/a Hyatt Place Sarasota/Bradenton Airport, Appellee.
    Case No. 2D16-4777
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Escamille WILLIAMCEAU, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-905
    District Court of Appeal of Florida, Second District.
    Opinion filed November 9, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Michael Theodore MCDONALD, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-5177
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Mervin Michael KITNURSE, Jr., DOC #L61245, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-5287
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Josefa VALDIVIA, Appellant, v. TARGET CORPORATION, d/b/a Target, a Foreign Corporation, Appellee.
    Case No. 2D17-1374
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Kasey Nicole TODI, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1574
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ricky Lee RATTON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1888
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Swen Oldoff SWENSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2548
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Shedrick JENRETTE, a/k/a Shedrick Jenrette Smith, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2621
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ladamain Lamar ISOM, DOC #S18550, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2632
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Earl BUTLER, #G02261, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2695
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Bryce NICKELSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3222
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Michael BENCOMO, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3373
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Keishanna G. THOMAS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3553
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    In the INTEREST OF J.G.C., J.R.C., J.M.C., and J.G.C., Children.
    J.G.C., Appellant, v. Department of Children and Families and Guardian Ad Litem Program, Appellees.
    Case No. 2D18-1265
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Tommy JONES, DOC #355564, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3863
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    David DRESDNER, M.D., Petitioner, v. PINELLAS HEMATOLOGY AND ONCOLOGY, P.A., Respondent.
    Case No. 2D18-1970
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    A. S. J., Appellant, v. C. I., Appellee.
    Case No. 2D18-383
    District Court of Appeal of Florida, Second District.
    Opinion filed November 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Raymond FERREN, Appellant, v. Dale PENDLETON, as Personal Representative of the Estate of Laveda P. Ferren, Deceased, Appellee.
    Case No. 2D18-1738
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Donald WYATT, Appellant, v. DCN CREATIVE, LLC, Appellee.
    Case No. 2D17-1998
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Lyle FRAMPTON, Appellant, v. Anthony S. BRYANT and Jennifer L. Bryant, Appellees.
    Case No. 2D17-3138
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jonathan JAYSON, Jennifer M. Dunsby and Jeffrey Jayson, Appellants, v. U.S. ENERGY DEVELOPMENT CORPORATION; Manufacturers & Traders Trust Company; Jordan M. Jayson and Matthew P. Iak, as Co-Personal Representatives of the Estate of Judith P. Jayson, Deceased, Appellees.
    Case No. 2D17-3420
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Kenneth MASCIO, Noel Mascio, Larry Chmiel, Yong Chmiel, Colette Stibich, Jason Stibich, JCCJ, Inc., a Florida Corporation, Richard Melchionno, Arturo Fuente, Vienna Fuente, Lucie Liccese, Michelle Bird, Holger Reins, Yvonne Reins, Kurt Besch, Renae Besch, Jon E. Berkovich, Leona Camba, Alfredo Camba, William T. Royal, Sr., Bertram Adams, Eduardo Sousa, William McKown and Amanda McKown, Appellants, v. The MANNING TEAM, INC., a Dissolved Florida Corporation, GN Enterprises, L.L.C. d/b/a Keller Williams Tampa Properties; Nicola Ubaldini and Rene Dawn Manning, Appellees.
    Case Nos. 2D17-1424 2D18-3375
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Lyle FRAMPTON, Appellant, v. Anthony S. BRYANT and Jennifer L. Bryant, Appellees.
    Case No. 2D17-3139
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ian BUNNETT, Appellant, v. Yochi MELNICK, Appellee.
    Case No. 2D17-3435
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    John M. SABOW, Appellant/Cross Appellee, v. KB BROOKSVILLE, LLC, a Florida Limited Liability Company; and Boulder Venture South, LLC, Appellees/Cross Appellants.
    Case No. 2D17-1470
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ieascha J. FINN, Appellant, v. 7-ELEVEN, INC., Appellee.
    Case No. 2D17-5079
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    E.C.V., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1161
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Mark PONDER, Appellant, v. Mary Whitehurst PONDER, Appellee.
    Case No. 2D18-616
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Victor G. LEVINE, Appellant, v. JP MORGAN CHASE BANK, NATIONAL ASSOCIATION; Unknown Spouse of Victor G. Levine; Unknown Tenant I; Unknown Tenant II; and Any Unknown Heirs, Devisees, Grantees, Creditors, and Other Unknown Persons or Unknown Spouses Claiming by, Through and Under Any of the Above-Named Defendants, Appellees.
    Case No. 2D17-1827
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Brian METROCAVAGE and Shary Metrocavage, Appellants, v. The BANK OF NEW YORK MELLON f/k/a the Bank of New York as Trustee for the Certificate Holders of CWABS 2004-2005; Nationstar Mortgage, LLC f/k/a Centex Home Equity Co., LLC; Bank of America, N.A. f/k/a BAC Home Loan Servicing, L.P.; Field Asset Services, Inc., Appellees.
    Case No. 2D17-3388
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Keith L. JONES, II, Appellant, v. Christina M. JONES, Appellee.
    Case No. 2D17-4112
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    C.F., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4489
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    L.P., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4783
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Randall Orvis BURCH, Appellant, v. Mary Elizabeth HUNTER, Appellee.
    Case No. 2D18-1121
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Andrew RAMKISSOON, Appellant, v. GREEN TREE SERVICING, LLC; Bank of America NA; Danielle Sinanen; and United States of America, Appellees.
    Case No. 2D18-1147
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jeannette L. CARRERO, Appellant, v. KENYON & PARTNERS, INC. and Reemployment Assistance Appeals Commission, Appellees.
    Case No. 2D18-1459
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    The BERRY LAW FIRM, P.A., Appellant, v. STARFIGHTERS, INC., Starfighters Defense, Inc., J79 Engines, Inc., RLB Aviation, Inc., Starfighters Aerospace, Inc., Oakland Aviation, Inc., and Richard and Brenda Svetkoff, Husband and Wife, Appellees.
    Case No. 2D18-605
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Darryl SCHNEIDER, Appellant, v. PEARLMAN & TETREAULT, P.A., Appellee.
    Case No. 2D18-694
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Mark DOZIER, Appellant, v. CIT BANK, N.A., Appellee.
    Case No. 2D18-723
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    BALBOA ISLAND, LLC, Appellant, v. BANK OF AMERICA, NATIONAL ASSOCIATION, Successor by Merger to LaSalle Bank National Association, as Trustee of Morgan Stanley Mortgage Loan Trust 2006-3AR ; Gary D. Centafanti; Cathy L. Centafanti; Wells Fargo Bank, National Association, as Successor by Merger to Wachovia Bank, National Association; and Golden Gate Estates Area Civic Association, Inc., Appellees.
    Case No. 2D17-2832
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Michael J. WILLETT, Appellant, v. Dawn D. WILLETT, Appellee.
    Case No. 2D17-4592
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Adam BLACK, Appellant, v. Kelly Denise HAINES, Appellee.
    Case No. 2D17-4977
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    The EVA CLAIRE CORPORATION, a Florida Corporation, Appellant, v. MID-CONTINENT CASUALTY COMPANY, a Foreign Corporation, Appellee.
    Case No. 2D18-450
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    L.A. & P. INVESTORS LLC, Appellant, v. WILMINGTON SAVINGS FUND SOCIETY, FSB, d/b/a Christiana Trust, as Owner Trustee of the Residential Credit Opportunities Trust III, Appellee.
    Case No. 2D18-1170
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Mark Hanley GIBBONS, Appellant, v. Clifford S. GIBBONS & Timothy M. Gibbons, Co-Trustees of the Sam M. Gibbons Revocable Trust, Appellees.
    Case No. 2D18-1606
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Byron M. BARR, Appellant, v. TOWNE PARK ESTATES HOMEOWNERS ASSOCIATION, INC., a Florida Not-for-Profit Corporation, Appellee.
    Case No. 2D18-178
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Randy L. ROHRBAUGH, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3958
    District Court of Appeal of Florida, Second District.
    November 08, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Certiorari is dismissed. Mandamus is denied.


text:
    The BRANNAN COMPANY d/b/a ATM Commercial Flooring, Appellant/Petitioner(s), v. ARTISTIC HOSPITALITY & RESORTS CONSTRUCTION, INC., et al., Appellee/Respondent(s).
    CASE NO.: 2D18-3617
    District Court of Appeal of Florida, Second District.
    November 08, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Terry T. RAWLS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3846
    District Court of Appeal of Florida, Second District.
    November 8, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Scott HUMINSKI, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3856
    District Court of Appeal of Florida, Second District.
    October 18, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    TRUTHINADVERTISINGENFORCERS.COM, Appellant/Petitioner(s), v. CONAGRA BRANDS, INC., Appellee/Respondent(s).
    CASE NO.: 2D18-3003
    District Court of Appeal of Florida, Second District.
    September 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Certiorari is denied.


text:
    Dean S. FINGLASS, Appellant/Petitioner(s), v. Lacyoni Moraes FINGLASS, Appellee/Respondent(s).
    CASE NO.: 2D18-3525
    District Court of Appeal of Florida, Second District.
    November 15, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Robert BOYETT, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3774
    District Court of Appeal of Florida, Second District.
    November 08, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Damien TOWNES, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3795
    District Court of Appeal of Florida, Second District.
    November 08, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Matthew Anthony CARDOZO, Appellant/Petitioner(s), v. DEPARTMENT OF REVENUE, Appellee/Respondent(s).
    CASE NO.: 2D18-3258
    District Court of Appeal of Florida, Second District.
    October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is dismissed.


text:
    Timothy PETTIS, Appellant/Petitioner(s), v. DYCK-O'NEAL, INC., Appellee/Respondent(s).
    CASE NO.: 2D18-3442
    District Court of Appeal of Florida, Second District.
    November 14, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Christina PAYLAN, M.D., Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3840
    District Court of Appeal of Florida, Second District.
    November 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Michael J. ZUBILLAGA, Jr., Appellant/Petitioner(s), v. Christy M. TRAURIG, Appellee/Respondent(s).
    CASE NO.: 2D18-1528
    District Court of Appeal of Florida, Second District.
    November 01, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is dismissed.


text:
    Milena LOPEZ, Appellant/Petitioner(s), v. CACH, LLC, Appellee/Respondent(s).
    CASE NO.: 2D18-0483
    District Court of Appeal of Florida, Second District.
    November 01, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is dismissed.


text:
    Richard D. GREEN, Jr., Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3597
    District Court of Appeal of Florida, Second District.
    November 8, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Wilhelm LOPEZ, Appellant/Petitioner(s), v. BANK OF AMERICA, N. A., et al., Appellee/Respondent(s).
    CASE NO.: 2D18-0105
    District Court of Appeal of Florida, Second District.
    November 1, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is dismissed.


text:
    Robyn FLINT, Appellant/Petitioner(s), v. Marques FLINT, Appellee/Respondent(s).
    CASE NO.: 2D18-1588
    District Court of Appeal of Florida, Second District.
    October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is dismissed.


text:
    Thomas ORTIZ, Appellant/Petitioner(s), v. Frank R. KANE, et al., Appellee/Respondent(s).
    CASE NO.: 2D18-1002
    District Court of Appeal of Florida, Second District.
    October 29, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is dismissed.

Denied.


text:
    Rones SAGESSE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3340
    District Court of Appeal of Florida, Second District.
    November 09, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Granted.


text:
    Benson Labo CALLIER, Appellant/Petitioner(s), v. Tiffany HUBERT, et al., Appellee/Respondent(s).
    CASE NO.: 2D18-2883
    District Court of Appeal of Florida, Second District.
    November 08, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is dismissed.


text:
    Lindsey L. FLANAGAN, Appellant/Petitioner(s), v. DEPT. OF HEALTH, Appellee/Respondent(s).
    CASE NO.: 2D18-2278
    District Court of Appeal of Florida, Second District.
    October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Jeramy Michael HOLDER, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3719
    District Court of Appeal of Florida, Second District.
    October 25, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Dennis GRESH, Appellant/Petitioner(s), v. U.S. BANK NATIONAL ASSOC., et al. Appellee/Respondent(s).
    CASE NO.: 2D17-3432
    District Court of Appeal of Florida, Second District.
    November 15, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismiss.


text:
    Rolando LEON, Appellant/Petitioner(s), v. GREEK STYLE, LLC, et al., Appellee/Respondent(s).
    CASE NO.: 2D18-3334
    District Court of Appeal of Florida, Second District.
    November 08, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is dismissed.


text:
    Mackel D. WALKER, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3769
    District Court of Appeal of Florida, Second District.
    November 5, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Eric Orlando FOWLER, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3459
    District Court of Appeal of Florida, Second District.
    October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    David Terrence STEPHENS, Appellant/Petitioner(s), v. Joseph EDWARDS, Warden of New River Correctional Institution, Appellee/Respondent(s).
    CASE NO.: 2D18-4060
    District Court of Appeal of Florida, Second District.
    December 06, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Riley STEWARD, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3894
    District Court of Appeal of Florida, Second District.
    December 6, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Transferred.


text:
    GATEWAY HOLDING, LLC, et al., Appellant/Petitioner(s), v. RH FUND, XIV, LLC, et al., Appellee/Respondent(s).
    CASE NO.: 2D18-3070
    District Court of Appeal of Florida, Second District.
    December 6, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Roman Edward LANG, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3219
    District Court of Appeal of Florida, Second District.
    November 09, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Granted.


text:
    David GRIFFIN, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-4165
    District Court of Appeal of Florida, Second District.
    November 07, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Mandamus is denied.


text:
    Errol WATTS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-4155
    District Court of Appeal of Florida, Second District.
    November 07, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Writ of mandamus is denied.


text:
    Kathleen A. JONES, et al., Appellant/Petitioner(s), v. CENTER STREET LENDING FUND IV SPE, LLC, Appellee/Respondent(s).
    CASE NO.: 2D18-3700
    District Court of Appeal of Florida, Second District.
    October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Robert Neal DAVIS and Cynthia E. Davis, Appellant/Petitioner(s), v. BANK OF AMERICA, Appellee/Respondent(s).
    CASE NO.: 2D18-3662
    District Court of Appeal of Florida, Second District.
    October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is dismissed.


text:
    R. B., Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).
    CASE NO.: 2D18-3582
    District Court of Appeal of Florida, Second District.
    December 06, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Steven BEEBE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-4612
    District Court of Appeal of Florida, Second District.
    December 6, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Jean Ronald GLEVIS, Appellant/Petitioner(s), v. DEPARTMENT OF REVENUE, Appellee/Respondent(s).
    CASE NO.: 2D18-3628
    District Court of Appeal of Florida, Second District.
    November 01, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is dismissed.


text:
    LAW OFFICES OF KEVIN C. AMBLER, P.A., d/b/a Ambler Law Group, Appellant/Petitioner(s), v. Ernest Dwayne DAVIS BY AND THROUGH Nicole A. DAVIS, as Plenary Guardian, Appellee/Respondent(s).
    CASE NO.: 2D18-3792
    District Court of Appeal of Florida, Second District.
    November 01, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Malaki Antonio WYMAN, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-3118
    District Court of Appeal of Florida, Second District.
    December 6, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Anthony HARTLEY, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-4344
    District Court of Appeal of Florida, Second District.
    November 08, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is dismissed.


text:
    Robert SARHAN, Appellant, v. H & H INVESTORS, INC., Appellee.
    No. 3D18-89
    District Court of Appeal of Florida, Third District.
    Opinion filed September 5, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jon W.F. KUIKEN, Appellant, v. The STATE of Florida, Appellee.
    No. 3D17-1709
    District Court of Appeal of Florida, Third District.
    Opinion filed September 5, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Robert S. ELLIN, et al., Appellants, v. CARLTON FIELDS JORDEN BURT, P.A., Appellee.
    No. 3D17-2651
    District Court of Appeal of Florida, Third District.
    Opinion filed September 20, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    I DRIVE INVESTORS, LLC and Errata Florida, LLC, Appellants, v. INTERAMERICAN ASSET MANAGEMENT FUND LIMITED, Appellee.
    No. 3D16-1335
    District Court of Appeal of Florida, Third District.
    Opinion filed September 12, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    H.S., Father, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1670
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 11, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    E.R., the Mother, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1186
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 04, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    702-13 HOLDINGS, LLC, etc., Appellant(s)/Petitioner(s), v. MIAMI-DADE COUNTY BOARD OF RULES AND APPEALS, etc., et al., Appellee(s)/Respondent(s).
    CASE NO.: 3D17-2458
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 20, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Dail WRIGHT, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1858
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 20, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Jeffrey Scott DOLAND, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1733
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 20, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Jose MORA, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0108
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 18, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Richard PLUMER II, Appellant(s)/Petitioner(s), v. In re: ESTATE OF Mary C. PLUMER, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1683
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Johnny Mack OWENS, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1673
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied as moot.


text:
    EPIC WEST CONDOMINIUM ASSOCIATION, INC., Appellant(s)/Petitioner(s), v. EPIC WEST CONDO, LLC, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1215
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 21, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Shomeka FARNELL, et al., Appellant(s)/Petitioner(s), v. Tiarra M. BARBARITO, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1298
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 20, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Michael Roman WYNDER, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1581
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 20, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    GRUPO ITALO, LLC, et al., Appellant(s)/Petitioner(s), v. Daniel MENESCAL, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0563
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 18, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Granted. Dismissed.


text:
    Glenroy SALMON, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1464
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Gregory D. CURTIS, Appellant(s)/Petitioner(s), v. Katrice LEE, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1130
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Granted. Dismissed.


text:
    Gary JOSEPH, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1088
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 18, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Martha VALENCIA, Appellant(s)/Petitioner(s), v. HMC ASSETS LLC, etc., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0442
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 18, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Svetlana BAKLYKOVA, Appellant(s)/Petitioner(s), v. Kevin F. KRASOVIC, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0120
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 18, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Gregory PONTON, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1881
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 18, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Tommie MCCLENNEY Jr., Appellant(s)/Petitioner(s), v. The STATE of Florida, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1811
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 18, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Stephen D. LEONARD, Appellant(s)/Petitioner(s), v. Julie JONES, etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1614
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 18, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Granted. Dismissed.


text:
    RECOVERY 911 RESTORATION, INC., etc., Appellant(s)/Petitioner(s), v. CONTINENTAL CASUALTY COMPANY, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1557
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 18, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Glenn JACKSON, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1797
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 04, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    James BURKE, Appellant, v. ORANGE COUNTY MOTORSPORTS, LLC, d/b/a Jumbo Auto & Truck Plaza of Fort Pierce; American Import Car Sales, Inc., d/b/a Hollywood Kia; Kurkin Forehand Brandes, LLP, Marc Brandes, Esq. and Craig Blinderman, Esq., Appellees.
    No. 4D18-81
    District Court of Appeal of Florida, Fourth District.
    [November 1, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Denise C. FIELD, Unknown Spouse of Denise C. Field, and Unknown Occupants, Appellants, v. U.S. BANK, N.A., AS TRUSTEE, on Behalf OF the HOLDERS OF the J.P. MORGAN MORTGAGE ACQUISITION TRUST 2006-WMC4 Asset Backed Pass-Through Certificates, Series 2006-WMC4, Appellee.
    No. 4D17-2885
    District Court of Appeal of Florida, Fourth District.
    [November 1, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Michael Anthony EDIE, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3054
    District Court of Appeal of Florida, Fourth District.
    [November 1, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Hewburn SLOWE, Appellant(s)/Petitioner(s), v. WAL-MART STORES, INC., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1503
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 18, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    William HAMILTON, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-324
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Deshaun MARSHALL, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-1982
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    D.J.C., a child, Appellant, v. STATE of Florida, Appellee.
    Nos. 4D17-3293 4D17-3296
    District Court of Appeal of Florida, Fourth District.
    [November 1, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Luis MIRANDA, Appellant, v. STATE of Florida, Appellee.
    Nos. 4D17-3503 4D17-3649
    District Court of Appeal of Florida, Fourth District.
    [November 1, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Patrick Michael CORDERO-CALLAHAN, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-2802
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Avery SUTTON, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3047
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Travis Jon FERNANDES, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3833
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    STATE of Florida, Appellant, v. Jonathan SILPOT, Appellee.
    No. 4D18-35
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    James WELCH a/k/a James West, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-528
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Rodrick Demetrius WOODS, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-858
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Spinsir EASLEY, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-2299
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    J.W., a Child, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3186
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Chase MILLER, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3305
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Amanda WILLIAMS, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3660
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Milton Bernard BENTLEY, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-706
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Cristian LEON, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1576
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Clinton HANNAH, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-1581
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Brian SLOAN, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-2086
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Patrick JEAN, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-2194
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    D.M., a Child, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-2226
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Mary K. BRAZ, Kevin Casey, Jeffrey Casey and Timothy John Casey a/k/a Timothy J. Casey, Deceased, Appellants, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee for J.P. Morgan Mortgage Trust 2007-S3, Wells Fargo Bank National Association, as Successor by Merger to Wachovia Bank National Association, JPMorgan Chase Bank National Association Assignee of Chemical Bank, Unknown Tenant #1 and Unknown Tenant #2, Appellees.
    No. 4D17-2753
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Brunhilde L. WATSON, Appellant, v. WINN-DIXIE STORES, INC., Appellee.
    No. 4D17-2820
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Karl KOWLESSAR, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-2873
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Roberto SANTACRUZ, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-2876
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Melvin Anthony MURRELL, Appellant, v. STATE of Florida, Appellee.
    Nos. 4D17-3043 4D17-3045
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Harvey M. HILL, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3615
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    John Daniel PETERS, II, Appellant, v. FLORIDA FARM BUREAU GENERAL INSURANCE COMPANY, the Humphries Family Partnership, Ltd., Houston Carlton Rigel f/k/a Houston Carlton Humphries, Appellees.
    No. 4D17-3878
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jessy E. LUCAS, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3899
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jonathan K. LEWIS, Appellant, v. CACTUS CAR WASH, Appellee.
    No. 4D18-16
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Lisa CONSALVO, Appellant, v. PUBLIX SUPERMARKETS, INC., Appellee.
    No. 4D17-3926
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Sebastian HILLCOAT, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-667
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Bruce SCHWACK a/k/a Bruce G. Schwack, and Dawn Hirsch a/k/a Dawn Schwack a/k/a Dawn R. Hirsch a/k/a Dawn Robyn Hagen, Appellants, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES, INC., Asset-Backed Pass-Through Certificates, Series 2006-W2, Appellee.
    No. 4D18-872
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    STATE of Florida, Appellant, v. Sebastian DARRAH, Appellee.
    No. 4D18-590
    District Court of Appeal of Florida, Fourth District.
    [November 21, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Brian A. SYMONETTE, Appellant, v. CITY OF MIRAMAR, City of Miramar Police Department, Stephanie Symonette, and Symonette Accounting and Investments, Inc., Appellees.
    No. 4D18-0738
    District Court of Appeal of Florida, Fourth District.
    [November 21, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Iryana CRESCI, Appellant, v. The GAP STORES, INC., d/b/a Old Navy, Appellee.
    No. 4D18-1147
    District Court of Appeal of Florida, Fourth District.
    [November 21, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Line MARTIN, Appellant, v. Dominica A. SANTARELLI, Deborah A. Santarelli, his wife, and City of Fort Lauderdale, Appellees.
    No. 4D18-1510
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Michael EBERSOLD, Appellant, v. SUNNY STATE NURSERY & LANDSCAPE COMPANY, INC., a Florida Corporation, Clintmoore Heritage Nursery, Inc., a Florida Corporation, and Green Landholdings, Inc., a Florida Corporation, Appellees.
    No. 4D18-1411
    District Court of Appeal of Florida, Fourth District.
    [November 21, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Janine RHODES, Appellant, v. Daniel C. RHODES, Appellee.
    No. 4D17-3220
    District Court of Appeal of Florida, Fourth District.
    [November 21, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Bela DERY, as Personal Representative of the Estate of Shlomo Dery, Ddeceased, Appellant, v. BROWARD NURSING & REHABILITATION CENTER, LLC, Appellee.
    No. 4D17-3453
    District Court of Appeal of Florida, Fourth District.
    [November 21, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Herbert FIELDS Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-4011
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Quentin WOODRUFF, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-3673
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Jeffrey Allen DOVE, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-3406
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Kenyada THOMPSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-3230
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Keyron Cornelius CURRY, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-2550
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Brian Scott FERGUSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2757
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Jammie SIMMONS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2642
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Robert J. OBERRATH, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-1649
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Michael D. GRIGGS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-1245
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Gerard DELELLIS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-61
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Richard ACOSTA, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-18
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Darien HEAD, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2978
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Bruce UNDERHILL, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2812
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Calvin PRYOR, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-1540
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Kaitlynn Louise HARTIGAN, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-1309
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Amy Francesca PIELLUCCI, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-1229
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Jason NAPIER, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3046
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Iquille CHAPPELL, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-3891
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Terence B. MARTIN, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2332
    District Court of Appeal of Florida, Fifth District.
    Opinion filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    STATE of Florida, Appellant, v. Chris Anthony ORTIZ, Appellee.
    Case No. 5D17-4012
    District Court of Appeal of Florida, Fifth District.
    Opinion filed November 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Ossie THOMAS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3021
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Tristan SALMON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2937
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Nithin John THANICKAL, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-1526
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Robert William CUSTER, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-976
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Kevin C. JOYNER, Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-455
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    William Devin KENNEMORE, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-3854
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Marcos Antonio MARQUEZRIVERA, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-3733
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    STATE of Florida, Appellant, v. Maikel Castro ENRIQUEZ, Appellee.
    Case No. 5D17-3174
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    GREEN TREE SERVICING, LLC. n/k/a Ditech Financial, LLC., Appellant, v. WELLS FARGO BANK, N.A., Phyllis B. Johnson c/o Jakthan Property Management, and Denise F. Ray, Appellees.
    Case No. 5D17-2478
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 4, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Kimberly SEEK, Appellant, v. BETH BAYER CONSIGNMENT, INC. and Domenic Martelli, Appellees.
    Case No. 5D17-4063
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 4, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Joseph DIAZ, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-2778
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Tommie ANDREWS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-1942
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    CORPORATE MIDWEST INVESTMENTS, LLC and Affordable Realty and Property Management, Inc., Appellants, v. Clarence TUCKER, Jr., Appellee.
    Case No. 5D17-3703
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 4, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Jose AYALA, Appellant, v. SPACE COAST CREDIT UNION, Appellee.
    Case No. 5D18-43
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 4, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Jacques BERNAVIL, Appellant, v. Michael Edward WHITEMAN and Walt Disney Parks and Resorts U.S., Inc., Appellees.
    Case No. 5D17-3487
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 4, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Angel COTTO and Maria Cotto, Appellants, v. Michael Edward WHITEMAN and Walt Disney Parks and Resorts U.S., Inc., Appellees.
    Case No. 5D17-2546
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 4, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


author: Kuntz, J.

text:
    FLORIDA POWER & LIGHT COMPANY, Appellant, v. Samuel J. MCROBERTS, Appellee.
    No. 4D17-2399
    District Court of Appeal of Florida, Fourth District.
    [October 10, 2018]
    Charles L. Schlumberger, Senior Litigation Counsel, and Robert Sendler, Juno Beach, for appellant.
    Alan B. Rose, L. Louis Mrachek, Gregory S. Weiss, and Michael W. Kranz of Mrachek, Fitzgerald, Rose, Konopka, Thomas & Weiss, P.A., West Palm Beach, for appellee.
   Kuntz, J.

An agent must have authority to bind its principal. The issue presented in this appeal is whether the alleged agent had authority to bind FPL, the principal, while tailgating outside a football game. We conclude the appellee failed to establish the individual at the tailgate party had actual or apparent authority to enter into a brokerage contract on FPL's behalf. Thus, we reverse and remand for entry of a directed verdict in favor of FPL.

Background

Samuel McRoberts attended a tailgate party before the Florida State Seminoles played the Virginia Tech Hokies in Tallahassee. Jorge "Buck" Martinez also attended. McRoberts knew from either reading the paper or online that Martinez was FPL's "senior project director of development."

McRoberts "couldn't wait to talk to him" because FPL was "the biggest company in the state of Florida and the biggest land owner." Before the game started, he talked to Martinez for "right around 30 minutes." During the conversation, he asked Martinez about FPL's process for purchasing land and "kind of hammer[ed] him a little bit" about whether FPL was looking to make any acquisitions. Martinez "was really ramped up on talking about clean energy" and the "incredible tax incentives ... for clean energy development." Martinez told him that FPL was looking to acquire property for clean energy projects but that for FPL to take advantage of federal tax incentives, it would have to be a joint venture. This excited McRoberts, who "wanted to sell him some land."

As Martinez walked into the stadium, McRoberts approached him and they spoke for "two or three minutes." McRoberts "went up and [ ] said [to Martinez], you realize I make my living off real estate commissions, right?" Martinez responded in the affirmative. McRoberts asked Martinez if he would pay him "a reasonable real estate commission, a fair real estate fee for introducing you to the ultimate property that you would be able to put your power plant on and integrate your 300 megawatts of commercial solar?" Martinez responded, "okay," and they "shook on it. I mean, we shook hands. It was a solid handshake."

During this conversation, McRoberts divulged the property's location. But, according to McRoberts, Martinez explained that FPL could not immediately enter into a transaction unless it was a joint venture. In response, McRoberts asked if Martinez would "protect" him "for a reasonable finder's fee if I can pinpoint for you who the main joint venture investor would be?" Martinez responded with "an emphatic yes." A specific commission was not discussed-only that Martinez would protect McRoberts. Still, McRoberts gave Martinez the investor's name.

When the discussion concluded, Martinez instructed: "Don't call me on my office number and don't call me on my cell number. I want to give you a cell number. You can reach me on that cell number, but don't call me next week, because I'm not going to be available next week, but call me the following week." McRoberts thought it was "the weirdest thing ever" that Martinez "didn't want me to call him on his cell phone" or at the office; it "seemed strange." But "strange" or not, McRoberts complied.

Although McRoberts asked for a business card, Martinez did not give him one. Instead, Martinez wrote a phone number on the back of one of McRoberts's business cards. When McRoberts called the number, a man named Christopher answered. Christopher testified at trial that he has never had any contracts with FPL. He and Martinez both testified that the only time they met each other before trial was at Christopher's deposition.

Martinez had "no clue who [Christopher] was" and had never communicated with him. But McRoberts testified that he called the number listed on the business card on more than one occasion and after each call, Martinez returned his call from a different phone number. McRoberts assumed Martinez was not calling directly because Martinez "wanted to keep the deal quiet with him."

Yet McRoberts called FPL's general residential customer service phone number more than twenty-one times over an extended period, purportedly trying to reach Martinez. He first called the general customer service number on Christmas Day and left a message for Martinez "because [he] wanted to remember that [he] tried to" reach him.

He also called Martinez's cell phone. McRoberts testified that he spoke to Martinez when he called his cell phone, but felt as though Martinez was "pushing [him] off." After a few calls, they stopped communicating, and McRoberts made no efforts to memorialize or follow through with the agreement.

FPL eventually purchased the property that McRoberts purportedly told Martinez about at the tailgate party-3,127 acres for $40 million in June 2011 and another 4,667 acres for $35 million in May 2013. FPL did not pay McRoberts a commission, so he sued FPL for breach of contract and unjust enrichment. The circuit court denied FPL's motion for summary judgment on the breach of contract claim, but granted FPL summary judgment on the unjust enrichment claim.

As a result, the only claim remaining for trial was the breach of contract claim. McRoberts alleged FPL breached the contract formed at the tailgate party. FPL argued that McRoberts had nothing to do with the deal and did not provide the lead or contact that led to FPL's purchase of the property. McRoberts prevailed at trial, and the jury awarded him $1.5 million in damages.

Analysis

FPL argues the court erred when it denied FPL's summary judgment motion and later its motion for directed verdict on Martinez's authority to enter into a contract on FPL's behalf. We agree.

It is a plaintiff's burden to establish the authority of an agent to act on the principal's behalf. Lee v. Melvin , 40 So.2d 837, 838 (Fla. 1949) ("When plaintiff in a civil action seeks to recover upon a contract alleged by him to have been made with the defendant through the latter's agent, the burden of proof is upon plaintiff to show the authority of the agent for making the contract." (internal citation omitted) ).

An agent's authority can be actual or apparent. Actual authority "exists when a principal delegates authority to an agent by expressly authorizing the agent to do a delegable act." Richard A. Lord, 12 Williston on Contracts § 35:10 (4th ed.) ; see also Restatement (Third) of Agency § 2.01 (Am. Law Inst. 2006). To establish actual authority, a plaintiff must prove: "(1) acknowledgment by the principal that the agent will act for him, (2) the agent's acceptance of the undertaking, and (3) control by the principal over the actions of the agent." Goldschmidt v. Holman , 571 So.2d 422, 424 n.5 (Fla. 1990) (citing Restatement (Second) of Agency § 1 (Am. Law. Inst. 1957) ).

Apparent authority is defined as the authority that "the principal knowingly permits the agent to assume or which he holds the agent out as possessing." H. S. A., Inc. v. Harris-In-Hollywood, Inc. , 285 So.2d 690, 692-93 (Fla. 4th DCA 1973) (quoting Fidelity & Cas. Co. v. D.N. Morrison Constr. Co. , 116 Fla. 66, 156 So. 385, 387 (1934) ). To establish apparent authority, a plaintiff must prove: "(1) a representation by the purported principal; (2) reliance on that representation by a third party; and (3) a change in position by the third party relying on the representation." Lensa Corp. v. Poinciana Gardens Ass'n, Inc. , 765 So.2d 296, 298 (Fla. 4th DCA 2000) (citing Ideal Foods, Inc. v. Action Leasing Corp. , 413 So.2d 416, 418 (Fla. 5th DCA 1982) ).

Simply put, McRoberts failed to establish the first element of both actual and apparent authority. That is, it was not reasonable to assume Martinez had the authority to bind FPL, and the circumstances surrounding the purported agreement lend no credibility to the reasonableness of assuming his authority.

In Lensa , we explained that a third party's reliance on the apparent authority of an agent must be reasonable. 765 So.2d at 298 (citing Rushing v. Garrett , 375 So.2d 903, 906 (Fla. 1st DCA 1979) ). The fact that the transaction did not occur in the ordinary course of business influenced our conclusion in Lensa . See id.

Here, it was not reasonable for McRoberts to conclude that Martinez had the authority to act on FPL's behalf at a tailgate party-FPL is a company that McRoberts described as "the biggest company in the state of Florida and the biggest land owner." McRoberts testified that he knew of Martinez's position "from reading it in the paper," that he "might have seen it online somewhere," and that he "knew [Martinez] had a very high position in development." That, however, does not establish that FPL held out Martinez as having the authority to enter into the contract.

This transaction was not in the ordinary course of business-it allegedly occurred outside a Florida State University football game. It is unreasonable to assume that an employee of the company McRoberts described as "the biggest company in the state of Florida" would have the authority to bind his employer to a multi-million dollar obligation at a tailgate party. Nor is it reasonable to assume that a highly regulated utility would conduct business in this manner.

Similarly, the actual conversation does not support Martinez's authority to bind FPL. According to McRoberts, Martinez told McRoberts not to call him at the office or on his cell phone. McRoberts himself testified that this instruction was "strange" and described it as "the weirdest thing ever." Martinez also declined McRoberts's request for a business card, opting instead to write down a phone number for an unknown person on the back of McRoberts's own card. Based on the instructions not to call Martinez at the office or on his cell phone, McRoberts tried to communicate with him by leaving messages on FPL's general customer service line. This evidence could not reasonably show that Martinez had the authority to bind FPL.

Finally, FPL never ratified Martinez's authority to bind it. In Perper v. Sonnabend , 221 F.2d 142 (5th Cir. 1955), the Fifth Circuit applied Florida law and found that a plaintiff failed to establish that a hotel manager had actual or apparent authority to enter into a real estate sales contract. Id. at 144. In that case, the hotel manager explicitly informed the broker that he had authority to enter the contract. Id. at 143. But, an agent cannot bind a principal solely through her own actions. See id. at 144. Instead, the principal must ratify the agent or the authority of the agent to act. Id. at 145 ; see also Pan-Am. Constr. Co. v. Searcy , 84 So.2d 540, 542-43 (Fla. 1955). In Perper , the principal did not ratify the act of the agent. 221 F.2d at 145. As a result, the agent did not bind the principal. Id. So too here.

FPL undertook no action after the purported agreement to ratify the agreement or Martinez's authority to act on its behalf. "There was no formal act by" FPL, or even an informal act by FPL, "which would denote the holding out of [Martinez] as possessing the authority to act on its behalf." See Lensa , 765 So.2d at 299 (Gross, J., concurring) (internal quotation omitted).

Conclusion

The court erred in denying the motion for directed verdict, as the evidence at trial was insufficient for a jury reasonably to conclude that Martinez had actual or apparent authority to act as FPL's agent. Thus, FPL is entitled to the entry of a directed verdict in its favor.

Reversed and remanded.

May, J., concurs.

Ciklin, J., dissents with opinion.

I respectfully disagree with the majority's decision to divest the empaneled jury of its fact-finding responsibility to determine whether authority existed in the fact situation before us. This case presents a classic "he said - he said" factual dispute where the parties' testimony and evidence were diametrically opposed. McRoberts presented sufficient evidence to support a positive conclusion. Therefore, I must respectfully dissent from the majority's conclusion that the factual determination should have been taken out of the jury's hands.

There existed a jury question as to actual or apparent authority; i.e., whether Martinez was acting within the scope of his employment with FPL or reasonably appeared to be doing so.

Three elements are needed to establish an apparent agency: (1) a representation by the purported principal; (2) reliance on that representation by a third party; and (3) a change in position by the third party in reliance upon such representation. See Ideal Foods, Inc. v. Action Leasing Corp. , 413 So.2d 416, 418 (Fla. 5th DCA 1982). The reliance of a third party on the apparent authority of a principal's agent must be reasonable and rest in the actions of or appearances created by the principal, see Rushing v. Garrett , 375 So.2d 903, 906 (Fla. 1st DCA 1979), and "not by agents who often ingeniously create an appearance of authority by their own acts." Taco Bell of California v. Zappone , 324 So.2d 121, 124 (Fla. 2d DCA 1975).

Lensa Corp. , 765 So.2d at 298. "The question of whether acts are within the scope of an agent's apparent authority is a question of fact , the resolution of which will not be set aside unless clearly erroneous." Hobbs Const. & Dev., Inc. v. Colonial Concrete Co. , 461 So.2d 255, 259 (Fla. 1st DCA 1984) (emphasis added).

As I see it, only the first element was meaningfully disputed by FPL on appeal. However, McRoberts's testimony clearly supported this element. It is crucial to keep in mind that "[a]n agent's authority may be implied or apparent; it need not be conferred in express terms. " Sugarland Real Estate, Inc. v. Beardsley , 502 So.2d 44, 45 (Fla. 2d DCA 1987) (emphasis added). McRoberts testified that he knew that Martinez was "the Senior Project Director of Development for Florida Power and Light" because he read it in the paper and saw it on FPL's website. By listing on its website that Martinez held the position of Senior Director of Development for FPL for the entire state, and by publishing his position in the newspaper, FPL's own actions reasonably represented that Martinez had authority to contract for land for new projects. Or at a minimum, this was sufficient evidence from which a jury could reasonably infer that Martinez had authority to bind FPL to a land deal. If not the Senior Project Director of Development, then who?

Further, Martinez told McRoberts that FPL purchases land way ahead of time and holds it for future use, and that FPL was seeking to place any new power plants as close to the main power grid as possible. While not a direct assertion from FPL, this knowledge of FPL's plans with respect to acquisition of property boosted the reasonableness of McRoberts's belief in Martinez's authority.

As the majority points out, this deal occurred at a tailgate party and not in the ordinary course of business. However, this fact does not make McRoberts's reliance unreasonable; rather, it merely prevents application of a presumption of authority. See Lensa Corp. , 765 So.2d at 298 ("As to acts in the ordinary course of business, courts have consistently recognized that a presumption of authority exists in the case of acts made or done by presidents."). Furthermore, the jury may very well have determined that it was not unreasonable for parties to enter into a business deal at a sporting event. It is certainly not unheard of for businesses to enter into deals at golf courses, in restaurants, or in other traditionally social settings. Indeed, many major companies purchase boxes or suites at sports stadiums and arenas for the purpose of furthering their business.

The majority also points out that there was no ratification of FPL's actions, but ratification is not a necessary element of apparent or implied authority.

"A motion for directed verdict should be granted only when the evidence viewed in the light most favorable to the non-moving party shows that a jury could not reasonably differ as to the existence of a material fact ...." State, Dep't of Children & Family Servs. v. Amora , 944 So.2d 431, 435 (Fla. 4th DCA 2006) (emphasis added). "If there is any evidence to support a possible verdict for the non-moving party, a directed verdict is improper." Stringer v. Katzell , 674 So.2d 193, 195 (Fla. 4th DCA 1996) (emphasis added). The credibility of the witnesses and weight of the competing evidence are concerns for the jury, not the jurist. See id. (finding "trial court violated these principles by viewing the evidence in a light favorable to the moving parties").

McRoberts's testimony constituted evidence from which a jury could reasonably find apparent authority. Contrary to the majority's conclusion, the trial court did not err in denying the motion for directed verdict and allowing the jury to do its job by reconciling conflicting testimony.

I would affirm.

      We present the facts in the light most favorable to McRoberts. See State, Dep't of Children & Family Servs. v. Amora , 944 So.2d 431, 435 (Fla. 4th DCA 2006).

      Martinez denies that FPL has ever entered into a joint venture on renewable energy projects.

      According to Martinez, FPL learned about the property through the friend and professional acquaintance of a colleague at FPL. The FPL colleague and the friend met while the friend was serving as the executive director of a large governmental entity in South Florida. The two also served on boards together. Martinez, his FPL colleague, and the friend all testified that the friend approached the FPL colleague to introduce an investor related to the property FPL ultimately acquired.

      The parties use the terms apparent authority and apparent agency interchangeably.


author: Levine, J.

text:
    Fleurimond BARTHELEMY, Appellant, v. SAFECO INSURANCE COMPANY OF ILLINOIS, a foreign profit corporation, John Howell, and Kevin Wachtel, Appellees.
    Nos. 4D17-1254 4D17-1543
    District Court of Appeal of Florida, Fourth District.
    [October 24, 2018]
    Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, and Michael S. Smith of Lesser, Lesser, Landy & Smith, PLLC, West Palm Beach, for appellant.
    Gary J. Guzzi and Antonio Morin of Akerman LLP, Miami, for appellee Safeco Insurance Company.
   Levine, J.

Appellant filed suit against his insurer, appellee Safeco Insurance Company, for declaratory relief seeking coverage up to his policy limits. The insurer raised a "failure to cooperate" defense citing to appellant's failure to submit three times to an Examination Under Oath ("EUO") for the insurance company to be able to investigate appellant's claim. The jury was instructed, over objection, that for the insurer to prevail on its "failure to cooperate" defense, the insurer must establish that appellant "did not comply" with his post-loss obligations and that the insurer was "actually prejudiced" by appellant's failure to comply. We agree with appellant that the jury instructions were an incorrect statement of the law, and as such, we reverse both the final declaratory judgment and cost judgment and remand for a new trial.

In 2011, appellant was involved in an automobile accident. Three times his insurer asked appellant to submit to an EUO so that it could investigate his claim. Appellant did not submit to the examination and the insurer denied coverage for the accident. As a result of the accident, other drivers sued appellant and subsequently obtained a judgment against him. The insurer did not provide appellant with a legal defense or coverage for the resulting judgments against him based on his failure to cooperate with the insurer's requests that he attend the requested EUO. At this point, appellant filed suit for declaratory relief seeking coverage from the insurer for up to the policy limits.

At the trial, over appellant's objection, the jury received the following instruction regarding the "failure to cooperate" defense:

To prevail on this affirmative defense, Safeco Insurance Company of Illinois must establish, by the greater weight of the evidence, that: (1) Plaintiff did not comply with his post-loss obligations; and (2) that Safeco Insurance Company of Illinois was actually prejudiced by Plaintiff's failure to comply with his post-loss obligations.

(emphasis added).

Appellant argued that the jury instruction needed to include language regarding "material failure to comply" and "substantial prejudice," and that the jury instruction given was erroneous. Appellant also requested, in writing, a jury instruction and verdict form requiring findings of materiality and substantial prejudice. The jury returned a verdict for the insurer. The trial court ruled that the insurer was not obligated to appellant and entered a final declaratory judgment for the insurer. Appellant filed a motion for new trial, again arguing in part that the insurer's "failure to cooperate" defense and jury instruction were based on an incorrect statement of the law. This appeal follows.

Our review is a mixed standard of abuse of discretion and de novo inasmuch as the giving of a jury instruction involves a trial court's discretion which is limited by the applicable case law. Costa v. Aberle , 96 So.3d 959, 963 (Fla. 4th DCA 2012). "Reversible error occurs when an instruction is not only an erroneous or incomplete statement of the law, but is also confusing or misleading." Gross v. Lyons , 721 So.2d 304, 306 (Fla. 4th DCA 1998).

Appellant preserved the jury instruction issue for review by requesting a different instruction in writing and objecting to the instruction at the charge conference. See Feliciano v. Sch. Bd. of Palm Beach Cty. , 776 So.2d 306, 308 (Fla. 4th DCA 2000).

Appellant's claim that the jury instruction and verdict form were incorrect emanates from a disagreement among the parties as to which case law governs this case. Appellant claims that Bankers Insurance Co. v. Macias , 475 So.2d 1216 (Fla. 1985), controls in this case. According to Macias , a "failure to cooperate" defense requires insurer to show that the insured (1) materially failed to cooperate with his post-loss obligations and (2) the failure to cooperate substantially prejudiced the insurer. Id. at 1218.

The insurer disputes this, arguing that State Farm Mutual Automobile Insurance Co. v. Curran , 135 So.3d 1071 (Fla. 2014), changed the requirements of the "failure to cooperate" defense. The insurer claims that under Curran , a "failure to cooperate" defense requires only a showing that the insured (1) failed to cooperate and (2) that the insurer suffered actual prejudice. The insurer thus contends that the "failure to cooperate" defense requires neither a "material failure" to comply nor "substantial prejudice."

We find that Macias remains the dispositive case. In Macias , the Florida Supreme Court established that in a "failure to cooperate" defense case, "the insurer must show a material failure to cooperate which substantially prejudiced the insurer." 475 So.2d at 1218 (emphasis added). This rule traces its origin to American Fire & Casualty Insurance Co. v. Vliet , 148 Fla. 568, 4 So.2d 862, 863 (Fla. 1941), which states that "the lack of cooperation must be material and the insurance company must show that it was substantially prejudiced in the particular case by the failure to cooperate."

Curran did not alter the elements of a "failure to cooperate" defense. The level of prejudice was not at issue in Curran -only whether an insurer must demonstrate prejudice as part of its affirmative defense in a compulsory medical examination case. See 135 So.3d at 1076. While the Curran opinion makes a few references to "actual prejudice" in the generic sense, each of those references is mere dicta, as the outcome of that case did not turn on what type of prejudice is required to make out a "failure to cooperate" defense. See id. Further, the Curran opinion cites to Macias approvingly, suggesting that the supreme court in Curran did not intend to overrule Macias . See id. at 1079.

There is no clear indication that the standard for "failure to cooperate" cases was to be changed as a result of Curran .

The Florida Supreme Court "does not intentionally overrule itself sub silentio." Puryear v. State , 810 So.2d 901, 905 (Fla. 2002). As the supreme court has noted, "[w]here a court encounters an express holding from this Court on a specific issue and a subsequent contrary dicta statement on the same specific issue, the court is to apply our express holding in the former decision until such time as this Court recedes from the express holding." Id.

In the absence of an express holding receding from Macias , we abide by that case's formulation of the "failure to cooperate" defense. See id. In issuing a "failure to cooperate" instruction that did not include "material failure" to comply and "substantial prejudice," the trial court misstated the law and could have misled the jury into applying an incorrect standard. See Gross , 721 So.2d at 306. We therefore reverse and remand for a new trial.

Reversed and remanded .

Gerber, C.J., and Klingensmith, J., concur.

      In doing so, we also reverse the separately entered order taxing costs against appellant.


author: Warner, J.

text:
    Arlene J. PREUDHOMME, Appellant, v. Garth F. BAILEY, Appellee.
    No. 4D17-2308
    District Court of Appeal of Florida, Fourth District.
    [October 24, 2018]
    Arlene Preudhomme, Pembroke Pines, pro se.
    No brief filed for appellee.
   Warner, J.

Appellant, the former wife, raises multiple challenges to a post-dissolution final order which, among other provisions: 1) denied appellant's motion for contempt directed at the former husband; 2) denied appellant's motion to have custody of the parties' children's passports; 3) directed that the parties communicate through a different online service than that designated in the original final judgment; and 4) held the appellant in contempt for allowing her children to be tardy to school. We reverse the order holding appellant in contempt, and the associated attorney's fee award, because of the lack of specific terms of the final judgment with respect to the children's tardiness in school attendance. We also reverse the modification of the communication system, as no party requested this relief nor was there evidence presented to support such a modification. We affirm as to all the remaining issues raised.

The parties divorced in 2010. They have one daughter and two younger sons. The original final judgment of dissolution was appealed and reversed for further proceedings in Preudhomme v. Bailey , 82 So.3d 138 (Fla. 4th DCA 2012). A subsequent final judgment directed equitable distribution of the marital property and established a parenting plan that gave the parties shared parental responsibility. It ordered the parties to communicate over Our Family Wizard.

During the post-judgment period, the parties had many issues with respect to visitation. The former husband contended that the former wife made the daughter, and later the youngest son, unavailable for visitation. The former wife argued that the former husband failed to provide a timely, detailed itinerary when he took the children on international travel, as the final judgment required the parties to provide at least ten days' notice and a detailed itinerary of any foreign travel. Multiple motions for contempt were filed, as well as motions to prevent the former husband's international travel with the children.

All of the issues pending between the parties were presented to the court in one hearing. One of the issues litigated was the wife's request that she be granted custody of the children's passports. The court also heard evidence regarding the children's tardiness at school. The former wife testified that the former husband frequently did not communicate over Our Family Wizard, and the former husband admitted that he had failed to renew his paid subscription to the service for a few weeks.

After hearing all of the evidence, the court denied the former wife's motion for contempt against the former husband, concluding that the various violations of the parenting plan claimed by the wife were not sanctionable. The former wife also had moved for contempt based upon the former husband's alleged perjury with respect to testimony regarding equitable distribution and one of the former husband's motions for enforcement. The trial court found the claims to be moot.

The court did find that the former wife was in contempt of the parenting plan because of the children's tardiness to school while in her care. The court denied her request for possession of the children's passports, and it directed the husband to hold the passports other than when the former wife was travelling with the children. It further directed the former wife to request the passports from the former husband via www.talkingparents.com when the wife desired to take the children out of the country. The court also adjudicated the remaining claims of equitable distribution, none of which are at issue in this appeal.

On appeal, the former wife raises multiple issues. First, she contends that the court erred in disposing of all the remaining issues in the case, including the equitable distribution, in one final judgment. We find that the court did not err in entering one final order, rather than multiple orders, on the outstanding issues in the case. Second, she argues that the court erred in denying her motion for contempt and for enforcement of the parenting plan against the former husband. The court found that the violations of the provisions of the parenting plan were not willful, and it declined to sanction the former husband. A decision to hold a party in contempt is within the discretion of the trial court, and a court is not obligated to find a party in contempt even where there is a factual basis for such relief. See Milton v. Milton , 113 So.3d 1040, 1040-41 (Fla. 1st DCA 2013). Thus, the trial court did not abuse its discretion in this case.

Appellant also claims that the court modified the final judgment without any pleading requesting such relief when it directed the former husband to retain the passports. That is incorrect, as the former wife had requested possession of the passports in her pleadings, and she addressed this issue and presented evidence on it at the final hearing. The former husband had possession of the passports, and the court simply maintained the status quo. Thus, the court did not err because this issue was tried by the former husband's consent. See Da Cunha v. Mann , 183 So.3d 1113, 1115-16 (Fla. 3d DCA 2015) (noting a party can give its implied consent to the trial of an unpled issue by not objecting to questioning on the issue).

The former wife also argues that the court modified the final judgment by changing the means of communication between the parties from Our Family Wizard to talkingparents.com. We point out that the court ordered the parties to communicate by talkingparents.com only as to requests by the former wife for the children's passports. It appears that the court ordered use of this website because it was free, as opposed to a subscription service.

A parenting plan cannot be modified unless there is "a showing of a substantial, material, and unanticipated change in circumstances ...." Knowles v. Knowles , 79 So.3d 870, 872 (Fla. 4th DCA 2012) (citing § 61.13(3), Fla. Stat. (2011) ). While a change in the mode of communication between the parents may seem sufficiently minor, so as not to require findings of a substantial change in circumstances, and that modification is in the best interests of the children, we note that "the methods and technologies" used to communicate with a child are of such sufficient importance that the legislature directed that a parenting plan include those methods as a required element. See § 61.13(2)(b) 4., Fla. Stat. The same importance attaches to the mode of communication between the parents, as a reliable web communication service can keep track of the communications and may provide significant evidence in contempt or modification proceedings.

There is no information in the record as to the reliability of either service. Here, the trial court modified the final judgment without any request by the parties, without the issue being tried by implied consent, and without any ability of the parties to contest the change. Under these circumstances, the trial court erred.

Finally, appellant challenges the trial court's order finding her in contempt because of the children's tardiness from school, which the court found was a violation of the parenting plan. However, the final judgment, including the parenting plan, did not contain an express provision on school attendance and did not address the issue of school tardiness. Thus, appellant was not adequately apprised of the consequences of delivering the children late to school. Our standard of review is de novo when the court bases its finding of contempt upon a party's noncompliance with an order's provisions which do not proscribe the conduct found to be contemptuous. Wilcoxon v. Moller , 132 So.3d 281, 286 (Fla. 4th DCA 2014).

"Implied or inherent provisions of a final judgment cannot serve as a basis for an order of contempt." DeMello v. Buckman , 914 So.2d 1090, 1094 (Fla. 4th DCA 2005). A court may not hold a party in contempt for violation of an order if the order's commands and directions are not clear. Keitel v. Keitel , 716 So.2d 842, 844 (Fla. 4th DCA 1998). Because the final judgment contained no provision prohibiting tardiness at school caused by the parties, the former wife could not be held in contempt on this basis. Therefore, the court erred in finding appellant in contempt and also in awarding the appellee attorney's fees for the contempt.

We thus reverse those portions of the final judgment modifying the communication service to talkingparents.com. Instead, we direct that Our Family Wizard be reinstated as the communication service. We also reverse the finding of contempt against appellant and the award of attorney's fees to the appellee for pursuing that contempt. We affirm the final judgment as to all other issues raised.

Affirmed in part, reversed in part, and remanded to correct the final order consistent with this opinion.

May and Forst, JJ., concur.