SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY, APPELLANT,
v.
ELBERT S. CARLEY, APPELLEE
SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY, APPELLANT,
ELBERT S. CARLEY, APPELLEE
427 So. 2d 343
Florida District Court of Appeal, First District (1983)
Caution
Cited by 37 cases
Opinion of the Court
PER CURIAM.
We affirm the deputy commissioner’s order awarding permanent total disability benefits (PTD), as there is substantial competent evidence to support the award. However, the deputy commissioner’s failure to make a finding of the date of maximum medical improvement precludes the parties from knowing when PTD benefits should begin. Therefore, the order is reversed in part and remanded to the deputy commissioner with instructions to make a determination of the date of maximum medical improvement.
SHIVERS, WENTWORTH and JOA-NOS, JJ., concur.
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Peat v. Lane, 565 So. 2d 1323 (Fla. 1990)…rred that action. In the instant case, however, Peat Marwick did not acknowledge its error at the time that the Lanes received their “Ninety-Day Letter.” Similarly, we find that the First District Court of Appeal’s decision in Kellermeyer v. Miller, 427 So. 2d 343 (Fla. 1st DCA 1983), does not apply to the situation in the instant case. We hold that, under the circumstances of this case, where the accountant did not acknowledge error, the limitations period for accounting malpractice commenced when the Unite…
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D.H. and L.H. v. Adept Cmty. Servs., Inc., 217 So. 3d 1072 (Fla. 2d DCA 2017)…t time. See Kelly, 82 So. 3d at 858 (holding that negligence claim accrues when “injury ... in consequence of the agents’ alleged wrongful acts first was sustained” (citing City of Miami v. Brooks, 70 So. 2d 306 (Fla. 1954))); Kellermeyer v. Miller, 427 So. 2d 343, 346 (Fla. 1st DCA 1983) (same). We acknowledge those cases that have held that notwithstanding the presence of cognizable injury, a minor’s cause of action cannot be deemed to have accrued until there is a person capable of bringing that cause of…1 / 2
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Adams v. Sommers, 475 So. 2d 279 (Fla. 5th DCA 1985)…ons would not have run from January 15, 1980. See Chapman By and Through Chapman v. Garcia, 463 So. 2d 528 (Fla. 3d DCA 1985); Birnholz. The cases relied upon by the trial court, Edwards v. Ford, 279 So. 2d 851 (Fla.1973) and Kellermeyer v. Miller, 427 So. 2d 343 (Fla. 1st DCA 1983), are distinguishable. In Edwards, the plaintiffs sued their attorneys in 1968 for legal malpractice in drafting a usurious contract. The Florida supreme court held that the cause of action had accrued in 1963 (and thus was barred…
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