INEZ SILVERA, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 1982-07-07
No. 82-316
ORFINGER, C. J., and DAUKSCH and SHARP, JJ., concur.
416 So. 2d 509 Florida District Court of Appeal, Fifth District (1982) Positive Treatment
Cited by 1 case

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Synopsis

This case concerns whether a claimant's myocardial infarction, precipitated by a series of unusual, non-routine, work-related, emotionally traumatic events, is compensable under workers' compensation law.


Holding

The dissent argues that emotional strain alone is insufficient to establish a causal connection between employment and a heart attack, adhering to precedent requiring work-related physical activity.


Facts & Procedural History

The claimant, a former deputy commander of Panamanian armed forces who escaped to the U.S. and experienced business failures, suffered a heart attack …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition for writ of habeas corpus to secure belated review is granted. Baggett v. Wainwright, 229 So. 2d 239 (Fla.1970). See also Meyer v. State, 415 So. 2d 70 (Fla. 5th DCA 1982). For the reasons expressed in Meyer, we hereby certify to the Supreme Court of Florida the following questions which we deem to be of great public importance:

A. IN THE LIGHT OF THE DECISION IN POLK COUNTY v. DODSON [, - U.S. -,] 102 S.Ct. 445 [, 70 L.Ed.2d 509,] (1981), IS STATE ACTION INVOLVED IN THE FAILÚRE OF A PUBLICLY APPOINTED LAWYER TO FILE A TIMELY NOTICE OF APPEAL ON BEHALF OF THE CONVICTED DEFENDANT, SO AS TO ENTITLE THE DEFENDANT TO BELATED APPELLATE REVIEW BY PETITION FOR HABEAS CORPUS?

B. IN THE LIGHT OF THE DECISION IN POLK COUNTY v. DODSON [, __ U.S. -,] 102 S.Ct. 445 [, 70 L.Ed.2d 509,] (1981), IS STATE ACTION INVOLVED IN THE FAILURE OF A PRIVATELY RETAINED LAWYER TO FILE A TIMELY NOTICE OF APPEAL ON BEHALF OF THE CONVICTED DEFENDANT, SO AS TO ENTITLE THE DEFENDANT TO BELATED APPELLATE REVIEW BY PETITION FOR HABEAS CORPUS?

ORFINGER, C. J., and DAUKSCH and SHARP, JJ., concur.


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Citator

Cited By

  • State v. Meyer, 430 So. 2d 440 (Fla. 1983)
    …gly, for the reasons herein set forth, the result of the courts below is approved. It is so ordered. ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, MCDONALD and SHAW, JJ., concur. . Meyer v. State, 415 So. 2d 70 (Fla. 5th DCA 1982); Silvera v. State, 416 So. 2d 509 (Fla. 5th DCA 1982); Levesque v. State, 416 So. 2d 509 (Fla. 5th DCA 1982); Smith v. State, 416 So. 2d 510 (Fla. 5th DCA 1982); Avera v. State, 417 So. 2d 804 (Fla. 5th DCA 1982); Epps v. Wainwright, 420 So. 2d 659 (Fla. 4th DCA 1982). . The second…
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