CFM DISTRIBUTING AND IOWA NATIONAL MUTUAL INSURANCE COMPANY, APPELLANTS,
v.
HARVEY ALPERT, APPELLEE

Fla. 1st DCA | 1984-07-19
No. AW-262
MILLS and SHIVERS, JJ., concur.
453 So. 2d 169 Florida District Court of Appeal, First District (1984) Positive Treatment
Cited by 13 cases
Opinion of the Court
WIGGINTON, Judge.

WIGGINTON, Judge.

The employer/carrier in this workers’ compensation case appeal the deputy commissioner’s order granting claimant’s “Motion to Set Aside and/or Vacate” a prior order approving a joint petition for lump sum settlement. Because the evidence at the time of the settlement hearing clearly established that claimant had not reached maximum medical improvement six months prior to the settlement, we affirm. See section 440.20(12)(a), Florida Statutes (Supp.1980); and D’Amico v. Marina Inn & Yacht Harbor, Inc., 444 So. 2d 1038 (Fla. 1st DCA 1984).

MILLS and SHIVERS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (13 total)

  • In the Interest of S.T.N. v. State, 474 So. 2d 884 (Fla. 4th DCA 1985)
    …be decided on a motion to dismiss. The trier of fact has the duty of weighing the evidence, judging the credibility of the witnesses, and ultimately determining a defendant’s state of mind. Id. at 1194 (citations omitted); but cf. State v. Stenza, 453 So. 2d 169 (Fla. 2d DCA 1984) (applying an exception to the general rule). The record in the case at bar is replete with circumstantial evidence from which a jury could reasonably infer intent. Therefore, intent was not a proper issue to be decided on a “(c)(4…
  • State v. GEE, 624 So. 2d 284 (Fla. 2d DCA 1993)
    …ement. § 784.045(l)(a)l, Fla.Stat. (1991); Knott v. State, 573 So. 2d 179,180 (Fla. 2d DCA 1991). We conclude that in this case a jury question existed over whether defendant had the requisite specific intent. As this court noted in State v. Stenza, 453 So. 2d 169 (Fla. 2d DCA 1984), intent is generally a jury question that in most instances cannot be ascertained by direct evidence but only inferred and is therefore not properly determined on a motion to dismiss. Reversed and remanded for proceedings consis…
  • Rocker v. State, 122 So. 3d 898 (Fla. 2d DCA 2013)
    …actually commit the crime.’ ” State v. Tovar, 110 So. 3d 33, 36 (Fla. 2d DCA 2013) (quoting L.J.S. v. State, 909 So. 2d 951, 952 (Fla. 2d DCA 2005)). Because intent is a state of mind, it is rarely ascertainable by direct evidence, State v. Stenza, 453 So. 2d 169, 171 (Fla. 2d DCA 1984), and it is usually proven through inference and circumstantial evidence, Manuel v. State, 16 So. 3d 833, 835 (Fla. 1st DCA 2005). When a conviction is based entirely upon circumstantial evidence, the sufficiency of the evide…

Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw