SAMUEL HARRINGTON, APPELLANT,
v.
VIDA APPLIANCE CORPORATION AND GULF INSURANCE COMPANY, APPELLEES
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PER CURIAM.
This cause is before us on appeal of an order ruling that claimant did not suffer a work-related injury and denying all benefits. The order below was entered some 245 days after the hearing, and claimant correctly argues that his own credibility and other live witness testimony was critical to the outcome. Because the order was stale when rendered, and due to the possibility that claimant was prejudiced thereby, we reverse and remand for a de novo hearing on all issues. Scottie-Craft Corporation v. Smith, 336 So. 2d 1150 (Fla.1976); Miller v. Oolite Industries, Inc., 336 So. 2d 1152 (Fla.1976); Dade County School Board v. Albert, 438 So. 2d 990 (Fla. 1st DCA 1983); Maddox v. Rinaldi’s Expressway Lanes, 459 So. 2d 421 (Fla. 1st DCA 1984).
ERVIN, BOOTH and THOMPSON, JJ., concur.
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Liberty Mut. Ins. Co. v. Fuchs Baking Co. & John Gandy, 577 So. 2d 603 (Fla. 1st DCA 1991)…d the entry of [*606] the order was excessive, and required a de novo hearing. In that case, we emphasized that where the chief issue is the credibility of the claimant, excessive delay required reversal. In Harrington v. Vida Appliance Corporation, 542 So. 2d 1006 (Fla. 1st DCA 1988), the court again emphasized that excessive delay would require reversal where the claimant’s own credibility, and that of other live witnesses, was critical to the outcome. Here, appellant has failed to convince us that there wer…
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Palmieri v. Naaco & Am. Policyholders Ins. Co., 677 So. 2d 1310 (Fla. 1st DCA 1996)…ed upon the transcript. In our opinion the interests of justice require a new hearing. Rappoport v. American Hosp., 406 So. 2d 1244, 1244-45 (Fla. 1st DCA 1981), review denied, 413 So. 2d 875 (Fla.1982); see also Harrington v. Vida Appliance Corp., 542 So. 2d 1006, 1007 (Fla. 1st DCA 1988) (order reversed and remanded for de novo hearing where JCC entered order 245 days after hearing and testimony of live witnesses was critical to outcome); Maddox v. Rinaldi’s Expressway Lanes, 459 So. 2d 421, 421-22 (Fla. 1s…
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Autheria Mitchell v. Metro Dade & Risk Mgmt. for Dade Co., 797 So. 2d 10 (Fla. 1st DCA 2001)…the judge of compensation claims did not credit her hearing testimony. See Greenwell v. Bellsouth Telecomms., 732 So. 2d 333, 333 (Fla. 1st DCA 1998); Palmieri v. NAACO, 677 So. 2d 1310, 1311 (Fla. 1st DCA 1996); Harrington v. Vida Appliance Corp., 542 So. 2d 1006, 1007 (Fla. 1st DCA 1988); Maddox v. Rinaldi’s Expressway Lanes, 459 So. 2d 421, 422 & n. 1 (Fla. 1st DCA 1984); Rappoport v. American Hosp., 406 So. 2d 1244, 1245 (Fla. 1st DCA 1981). See also Frazier v. Bay County, 781 So. 2d 464, 464 (Fla. 1st DC…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Scottie-Craft Boat Corp. & Fed. Ins. Co. v. Thomas Smith & the Indus. Relations Comm'n, 336 So. 2d 1150 (Fla. 1976)
- Oswald Miller v. Oolite Indus., Inc., 336 So. 2d 1152 (Fla. 1976)
- Maddox v. Rinaldi's Expressway Lanes & Cas. Reciprocal Exch., 459 So. 2d 421 (Fla. 1st DCA 1984)
- Dade Cnty. Sch. Bd. & Gallagher Bassett Ins. Serv. v. Albert, 438 So. 2d 990 (Fla. 1st DCA 1983)