RAULERSON & SONS, INC. AND FLORIDA FARM BUREAU INSURANCE COMPANY, APPELLANTS,
v.
GILBERT G. DAVIS, APPELLEE
RAULERSON & SONS, INC. AND FLORIDA FARM BUREAU INSURANCE COMPANY, APPELLANTS,
GILBERT G. DAVIS, APPELLEE
379 So. 2d 404
Florida District Court of Appeal, First District (1980)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
MILLS, C. J., and ERVIN, J., concur.
BOOTH, J., dissents.
Dissent
BOOTH, Judge,
dissenting.
I dissent from this court’s retention of jurisdiction in this case, which arose outside the territorial jurisdiction of the court. See Crews v. Town of Bay Harbor, 378 So. 2d 1265 (Fla. 1st DCA 1979).
On the merits, I would concur in the majority’s opinion.
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Spotmaster Cleaners & Zurich-American Ins. Cos. v. Special Disability Tr. Fund, 580 So. 2d 263 (Fla. 1st DCA 1991)…Special Disability Trust Fund v. Trail Tire Center, 453 So. 2d 462 (Fla. 1st DCA 1984) (indicates Fund entitled to challenge reasonableness of settlement in reimbursement proceedings). See also Special Disability Trust Fund v. Kemp & Guest Roofing, 379 So. 2d 404 (Fla. 1st DCA 1980), cert. denied, 388 So. 2d 1118 (1980). Based upon these factors and the evidence presented, there are two acceptable alternative methods of calculating excess compensation which could have been considered by the JCC. The adjuste…
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Special Disability Tr. Fund v. Metro. Dade Cnty. & Kenneth Willis, 393 So. 2d 6 (Fla. 1st DCA 1980)…AFFIRMED. The Fund’s objection to the joint petition did not divest the Judge of Industrial Claims of jurisdiction to enter a Joint Petition Order. See Special Disability Trust Fund v. Kemp & Guest [*7] Roofing and Risk Management Services, Inc., 379 So. 2d 404 (Fla. 1st DCA 1980). As to the issue of whether the Judge properly found that the lump sum settlement was in the best interest of the claimant, the Fund is not bound by that finding, Kemp, 379 So. 2d at 406, and thus has no standing to challenge tha…
Authorities Cited
- Emerson Crews v. Town OF BAY Harbor Islands & Metro. Dade Cnty. Self Ins. Fund, 378 So. 2d 1265 (Fla. 1st DCA 1979)