FLORIDA PRODUCTION ENGINEERING AND FEISCO, APPELLANTS,
v.
LINDA LOWD, BEST VALUE STORES, AND CLAIMS CENTER, APPELLEES

Fla. 1st DCA | 1990-04-03
No. 89-1859
BOOTH, THOMPSON and MINER, JJ., concur.
559 So. 2d 330 Florida District Court of Appeal, First District (1990) Caution
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Although we find the employer/carrier (e/c) received proper notice, we find that the JCC erred in holding the second e/c solely responsible for coverage of the claimant’s present condition. Because no competent substantial evidence supports the JCC’s finding and because all testimony indicates the injury resulted from an aggravation of a preexisting injury, we reverse and remand for further proceedings consistent with this opinion. See Oaks Farm v. Berry, 500 So. 2d 175 (Fla. 1st DCA 1986).

BOOTH, THOMPSON and MINER, JJ., concur.


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  • Wane Bogosian v. State Farm Mut. Auto. Ins. Co., 817 So. 2d 968 (Fla. 3d DCA 2002)
    …thereafter he was hired by the other side, the trial court had discretion to allow the jury to be told that Dr. Wallquist was originally the County’s expert. The Cento court distinguished Sun Charm and Jacksonville Transp. Authority v. ASC Assocs., 559 So. 2d 330 (Fla. 1st DCA 1990), on the basis that those did not involve a trial expert. Although we agree with the ultimate result in Cento, we do not agree with the reasoning. We think that Sun Charm remains the better rule, including for witnesses who have…
  • Broward Cnty. v. Cento, 611 So. 2d 1339 (Fla. 4th DCA 1993)
    …videotape and further objected to the many references by plaintiffs counsel to Dr. Wallquist as “the County’s doctor.” Relying on Sun Charm Ranch, Inc. v. Orlando, 407 So. 2d 938 (Fla. 5th DCA 1981), and Jacksonville Transp. Auth. v. ASC Assocs., 559 So. 2d 330 (Fla. 1st DCA 1990), the defendant argues that the trial judge should have prohibited any reference to Dr. Wallquist as the County’s expert. In Sun Charm, a condemnee was not allowed to ask an expert witness whether he had been hired by the condemno…
  • City Nat'l Bank OF Fla. v. Dade Cnty., 715 So. 2d 350 (Fla. 3d DCA 1998)
    …proved in its original form. In short, the owner’s intentions and the County’s possible actions both fall into the realm of speculation, and the conceptual site plan was properly excluded from evidence. See Jacksonville Transp. Auth. v. ASC Assocs., 559 So. 2d 330, 334 (Fla. 1st DCA 1990) (cautioning that conceptual plans and speculative future uses are to be excluded from evidence at trial); cf. Circle K General, Inc. v. Hillsborough County, 524 So. 2d 1143 (Fla. 2d DCA 1988) (“As . the site plan approval re…

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