WILLIAMS BROTHERS IGA GROCERY, RETAIL GROCERS ASSOCIATION SELF-INSURERS' FUND, AND CORPORATE GROUP SERVICE, INC., APPELLANTS,
v.
ANTHONY R. GREENE AND THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, APPELLEES
WILLIAMS BROTHERS IGA GROCERY, RETAIL GROCERS ASSOCIATION SELF-INSURERS' FUND, AND CORPORATE GROUP SERVICE, INC., APPELLANTS,
ANTHONY R. GREENE AND THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, APPELLEES
379 So. 2d 1015
Florida District Court of Appeal, First District (1980)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
MILLS, C. J., and McCORD, J., concur.
BOOTH, J., dissents with opinion.
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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Myers v. Carr Constr. Co. & Mich. Mut. Ins. Co., 387 So. 2d 417 (Fla. 1st DCA 1980)…a Statutes (1978 Supp.), to provide in subsection (7) an interest rate of 12%. Chapter 78-300 also provides, in Section 25, that the act shall apply to claims arising out of injuries occurring on or after July 1, 1978. While E & A Concrete v. Perry, 379 So. 2d 1015 (Fla. 1st DCA 1980), indicates that Section 25 precludes the application of the 12% interest rate on any delinquent compensation for injuries which occurred prior to July 1,1978, we now qualify that view in the case of interest on delinquencies accr…
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Binimelis v. M.E.F. Int'l Corp., 424 So. 2d 941 (Fla. 1st DCA 1983)…s due and owing after that date. Myers v. Carr Construction, 387 So. 2d 417 (Fla. 1st DCA 1980). Admittedly, prior decisions of our court might have led the deputy to believe that the applicable rate of interest was 6%. See, E & A Concrete v. Perry, 379 So. 2d 1015 (Fla. 1st DCA 1980). However, in Myers, this court clarified the Perry decision and held that interest payable for delinquencies accruing on or after July 1, 1978, is governed by Section 440.20(7), Florida Statutes (1978) [now Section 440.20(9), Flo…
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Mercy Hosp. & Underwriters Adjusting Co. v. Dodson, 382 So. 2d 817 (Fla. 1st DCA 1980)…iami-Dade Water & Sewer Authority v. Caravasios, supra) does not cite and we do not consider that provision. Our disposition of the issue in this case accordingly does not require agreement or disagreement with the ruling in F & A Concrete v. Perry, 379 So. 2d 1015 (Fla.lst DCA 1980), insofar as it implies a substantive character for changes in interest rate provisions on delinquent compensation, so as to apply to such provisions an amendato-ry act’s limitation of applicability to prior accidents. The order…
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- Emerson Crews v. Town OF BAY Harbor Islands & Metro. Dade Cnty. Self Ins. Fund, 378 So. 2d 1265 (Fla. 1st DCA 1979)