CAROLYN ELAINE PEEPLES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Millinger v. Broward Cnty. Mental Health Div. & Risk Mgmt., 672 So. 2d 24 (Fla. 1996)
  …oval of a settlement upon discovering that the settlement was based on the claimant’s “flagrant fraud and misrepresentations.” Id. at 884; see also Atlantis Nursing Center v. Drinkwater, 616 So. 2d 627 (Fla. 1st DCA 1993); Oakdell, Inc. v. Gallardo, 505 So. 2d 672 (Fla. 1st DCA 1987). Millinger asserts that, because there is no qualitative difference between Morgan Yacht and this case, the JCC had authority under section 440.33(1) to vacate and reenter his order to preserve Millinger’s appellate rights. We d…
• E. Airlines & GAB v. Griffin, 654 So. 2d 1194 (Fla. 1st DCA 1995)
  …lief. Id at 496. The due diligence requirement imposed by this court is inconsistent with Rule 4.130 and the law generally applicable to relief from a stipulation as set forth by Judge Webster in his dissent in Fawaz. Cf. Oakdell, Inc. v. Gallardo, 505 So. 2d 672 (Fla. 1st DCA 1987) (“Section 440.28 by its terms does not limit one seeking to modify a compensation order to a shorter period than two years from the entry of the order, or within two years after the last payment of compensation, because of such p…

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• Emmett H. Massie v. Univ. OF Fla. & Div. of Risk Mgmt., 570 So. 2d 963 (Fla. 1st DCA 1990)
  …decision that we have found has approved modification for “a mistake in a determination of fact,” and in that case it was shown by the employer that claimant obtained the compensation order by fraud and misrepresentation. Oakdell, Inc. v. Gallardo, 505 So. 2d 672 (Fla. 1st DCA 1987). In all other appellate decisions the Florida courts have continued to struggle to give some meaning and purpose to the statutory language, but have always applied it in keeping with the judicial system’s traditional quest for fi…

Authorities Cited

• ST. Johns River Shipbuilding Co. v. Wells, 156 Fla. 67 (Fla. 1945)