FLORIDA ROCK INDUSTRIES, INC., AND ITS SERVICING AGENT, UNDERWRITERS ADJUSTING COMPANY, APPELLANTS,
v.
LARRY DAMPIER, APPELLEE

Fla. 1st DCA | 1982-01-28
No. AC-165
ROBERT P. SMITH, Jr., C. J., and LARRY G. SMITH and WIGGINTON, JJ., concur.
409 So. 2d 157 Florida District Court of Appeal, First District (1982) Caution
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The deputy’s order is modified to limit the award of temporary total disability benefits for claimant to the period of that disability. The award as modified is AFFIRMED.

ROBERT P. SMITH, Jr., C. J., and LARRY G. SMITH and WIGGINTON, JJ., concur.


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  • Novoa v. Amerisource Corp., 860 So. 2d 506 (Fla. 3d DCA 2003)
    …there has been an abandonment of a homestead ... should be determined by a consideration of all the pertinent facts and circumstances of each case.” Miller v. West Palm Beach Atlantic Nat’l Bank, 142 Fla. 22, 194 So. 230 (1940). In Dean v. Heimbach, 409 So. 2d 157 (Fla. 1st DCA 1982), the court found that involuntary absence from homestead, caused by legal problems of the owner, are insufficient to constitute abandonment of the homestead. The status of homestead is preserved “when the family unit is temporari…
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  • Caryn Hall Yost-Rudge v. A to Z Props., Inc., 263 So. 3d 95 (Fla. 4th DCA 2019)
    …d was not abandoned even though the owner of the property had been adjudged insane and committed to a state institution. In that case, unlike this one, the owner’s family continued to live on the property. Id. at 566; see also Dean v. Heimbach, 409 So. 2d 157 (Fla. 1st DCA 1982) (finding homestead not abandoned when father had to leave county as condition of bail but intended to return and family continued to live on property). Still, courts have also upheld homestead protections even when a pr…

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