DISCO 95, INC. AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLANTS/CROSS-APPELLEES,
v.
SALVATORE CALDERONE, APPELLEE/CROSS-APPELLANT
WIGGINTON, Judge.
The employee/carrier, having voluntarily dismissed their appeal, leave before us claimant’s cross-appeal challenging the constitutionality of Section 440.15(3). This statutory provision has been considered by the court in Carr v. Central Florida Aluminum Products, Inc., 402 So. 2d 565 (Fla. 1st DCA 1981), Acton v. Ft. Lauderdale Hospital, 418 So. 2d 1099 (Fla. 1st DCA 1982), Mahoney v. Sears, Roebuck & Co., 419 So. 2d 754 (Fla. 1st DCA 1982) and Alfred John v. GDG Seryices, Inc., 424 So. 2d 114 (Fla. 1st DCA 1982) and in each case has withstood the attack. Accordingly, the cross-appeal is denied.
NIMMONS, J., concurs.
BOOTH, J., dissents with written opinion.
BOOTH, Judge,
dissenting:
I dissent for the reasons stated in Mahoney v. Sears, Roebuck & Company, 419 So. 2d 754, 756 (Fla. 1st DCA 1982) (dissenting opinion).
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Houghton v. ABJ Constructors, Inc., 433 So. 2d 47 (Fla. 1st DCA 1983)…. 1st DCA 1981); Acton v. Ft. Lauderdale Hospital, 418 So. 2d 1099 (Fla. 1st DCA 1982); Mahoney v. Sears, Roebuck & Co., 419 So. 2d 754 (Fla. 1st DCA 1982); John v. GDG Services, Inc., 424 So. 2d 114 (Fla. 1st DCA 1982); Disco 95, Inc. v. Calderone, 427 So. 2d 1084 (Fla. 1st DCA 1983). ROBERT P. SMITH, Jr., C.J., and WENTWORTH, J., concur. ZEHMER, J., dissents without opinion.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Acton v. FT. Lauderdale Hosp. & the Ins. Co. of N. Am., 418 So. 2d 1099 (Fla. 1st DCA 1982)
- Mahoney v. Sears, 419 So. 2d 754 (Fla. 1st DCA 1982)
- Dirk Allan Carr v. Cent. Fla. Aluminum Prods., Inc., 402 So. 2d 565 (Fla. 1st DCA 1981)
- John v. GDG Servs., Inc., 424 So. 2d 114 (Fla. 1st DCA 1982)