MANUEL VELASQUEZ, ETC., ET AL., APPELLANTS,
v.
BERKELEY FLORIST SUPPLY CO., ETC., ET AL., APPELLEES

Fla. 3d DCA | 1980-02-26
No. 79-674
Before BARKDULL, NESBITT and BASKIN, JJ.
379 So. 2d 1332 Florida District Court of Appeal, Third District (1980) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellees having confessed error in the entry of the final judgment in view of the voluntary non-suit taken by the plaintiffs, the final judgment under review be and the same is hereby reversed. Fears v. Lunsford, 314 So. 2d 578 (Fla.1975).


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  • Monroe v. Publix # 148 & ITT Hartford Ins. Co., 790 So. 2d 1249 (Fla. 1st DCA 2001)
    …orize entry of an order for the recovery of ‘excess’ compensation benefits paid during a period in which the employer or carrier should have reduced them, on account of contemporaneous Social Security payments, but did not”); Bakery Prods. v. Laria, 379 So. 2d 1332, 1332 (Fla. 1st DCA 1980); Pensacola Buggy Works v. Jernigan, 377 So. 2d 245, 245 (Fla. 1st DCA 1979) (holding that “the off-set could be taken starting ... the date the carrier first exercised its right to the offset,” but not before then retroacti…
  • Olan Mills Studios & Great Am. Ins. Co. v. Cash, 416 So. 2d 1182 (Fla. 1st DCA 1982)
    …sability benefits, reasonable attorney’s fees and costs, but strike that portion allowing the employer/carrier a retroactive credit for any Social Security payments that may have been made pursuant to 42 U.S.C. § 423. Bakery Products, Inc. v. Laria, 379 So. 2d 1332 (Fla. 1st DCA 1980); Pensacola Buggy Works v. Jernigan, 377 So. 2d 245 (Fla. 1st DCA 1979). BOOTH and WENTWORTH, JJ., concur.…
  • Burley v. Santa FE Cmty. Coll. & Kemper Ins. Co., 393 So. 2d 1185 (Fla. 1st DCA 1981)
    …exercised retroactively. The carrier may reduce compensation payments to account for social security benefits only prospectively, as of the date it exercises its right under Section 440.15(10), Florida Statutes (1977). Baker Products, Inc. v. Laria, 379 So. 2d 1332 (Fla. 1st DCA 1980); Pensacola Buggy Works v. Jernigan, 377 So. 2d 245 (Fla. 1st DCA 1979). The order appealed is otherwise affirmed. ROBERT P. SMITH, and THOMPSON, JJ., and LILES, WOODIE A. (Retired), Associate Judge, concur.…

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