LANORIS NEALY, APPELLANT,
v.
CITY OF WEST PALM BEACH AND CRAWFORD & COMPANY, APPELLEES

Fla. 1st DCA | 1983-11-23
No. AQ-238
WENTWORTH, NIMMONS and ZEH-MER, JJ., concur.
442 So. 2d 273 Florida District Court of Appeal, First District (1983) Positive Treatment
Cited by 13 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The deputy commissioner’s order is supported by competent substantial evidence except as to the award of temporary partial disability benefits. As to such award, the deputy applied the formula under the 1979 version of Section 440.15(4)(a), Florida Statutes. Instead, as appellees concede, the deputy should have relied upon Section 440.15(4), Florida Statutes (1977), the subject accident having occurred on July 31, 1977. We note also that appellees have, in their answer brief, attacked the deputy’s order awarding temporary partial disability on the grounds that appellant’s work search was inadequate and, thus, the award of any temporary partial disability benefits was error. That issue has not been properly raised as appellees have failed to cross-appeal. See Fla.W.C.R.P. 16(d).

The order is AFFIRMED except as to the award of temporary partial disability, and the cause is REMANDED for redetermination of such temporary partial disability benefits by utilizing the provisions of Section 440.15(4), Florida Statutes (1977).

WENTWORTH, NIMMONS and ZEH-MER, JJ., concur.


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  • Arky v. Bowmar Instrument Corp., 527 So. 2d 211 (Fla. 3d DCA 1987)
    …ect [the plaintiff’s] proposition that the allegations of a complaint against an attorney for malpractice need contain only legal conclusions rather than ultimate facts, as in certain types of automobile negligence actions.” Accord Parker v. Gordon, 442 So. 2d 273 [*213] (Fla. 4th DCA 1983); Dillard Smith Construction Co. v. Greene, 337 So. 2d 841 (Fla. 1st DCA 1976). See also Kislak v. Kreedian, 95 So. 2d 510 (Fla.1957) (conclu-sory allegations insufficient to state cause of action for breach of contract); G…
  • Zephaniah Meek v. Layne-Western Co. & Crawford & Co., 624 So. 2d 345 (Fla. 1st DCA 1993)
    …aims during this period. See Litvin v. St. Lucie County Sheriffs Department, supra. We decline to address this issue since the E/C has not cross appealed the JCC’s order. University Medical Center v. Sumpter, supra; Nealy v. City of West Palm Beach, 442 So. 2d 273 (Fla. 1st DCA 1983). REVERSED and REMANDED with directions. SMITH and WEBSTER, JJ., concur. . In June 1991, Mr. Meek and the E/C from the subsequent accident entered into a lump sum settlement through which Mr. Meek received $35,250.00. . Sectio…
  • Gant v. Tallahassee Mem'l Reg'l Med. Ctr., 490 So. 2d 1020 (Fla. 1st DCA 1986)
    …nd’s motion constituted “record activity” so that granting the TMRMC/Brickler motion, filed on 21 May, was improper. Record activity, even on the 365th day, will suffice to defeat a later motion to dismiss for failure to prosecute, Parker v. Gordon, 442 So. 2d 273, 275 (Fla. 4th DCA 1983), but not all types of record activity will defeat such a motion. Overseas Development, Inc. v. Amerifirst Federal Savings and Loan Assn., 433 So. 2d 587, 589 (Fla. 3d DCA 1983). Record activity sufficient to defeat a later…

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