PORT-A-PIT, INC. AND CLAIMS CENTER, APPELLANT/PETITIONER,
v.
BRIAN JORDAN, APPELLEE/RESPONDENT
PORT-A-PIT, INC. AND CLAIMS CENTER, APPELLANT/PETITIONER,
BRIAN JORDAN, APPELLEE/RESPONDENT
620 So. 2d 1062
Florida District Court of Appeal, First District (1993)
Positive Treatment
Cited by 10 cases
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Opinion of the Court
BY ORDER OF THE COURT:
The parties have jointly moved for remand of this appeal to the judge of compensation claims for the purpose of effecting a settlement. Accordingly, we withdraw our previously filed opinion, we withdraw the mandate in this cause which issued June 10, 1993, and we remand the case to the judge of compensation claims for 60 days for consideration of a proposed settlement agreement. Fla.Work.Comp. R.P. 4.160(j)(2). Contemporaneously, the judge may tax costs if appropriate. If any costs were previously borne by the Workers’ Compensation Trust Fund pursuant to section 440.25(4)(b), Florida Statutes (1991), the parties, to the proposed settlement agreement shall so notify the Division, and the Division shall have opportunity to be heard. The judge of compensation claims will promptly file in this court a certified copy of any order entered.
Cases With Similar Vibessemantic neighbors from the corpus
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Hill v. RAY Carter Auto Sales, Inc., 745 So. 2d 1136 (Fla. 1st DCA 1999)…occurred. A “[w]aiver is the intentional or voluntary relinquishment of a known right, or conduct which warrants an inference of the relinquishment of a known right.” Board of County Comm’rs v. International Union of Operating Engineers, Local 653, 620 So. 2d 1062, 1065 (Fla. 1st DCA 1993). Whether a waiver has occurred in any given situation is generally a question of fact. Southeast Grove Management, Inc. v. McKiness, 578 So. 2d 883 (Fla. 1st DCA 1991). We will reverse a decision of a trial court which is d…
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Goodwin v. BLU Murray Ins. Agency, Inc., 939 So. 2d 1098 (Fla. 5th DCA 2006)…to be determined by the finder of fact, in this case, the jury. See Gulf stream Park Racing Ass’n, Inc. v. Kessinger, 874 So. 2d 645, 647 (Fla. 4th DCA 2004); Bd. of County Commm’rs of Jackson County v. Int’l Union of Operating Engineers, Local 653, 620 So. 2d 1062, 1065 (Fla. 1st DCA 1993). Goodwin never expressly waived his contract rights. Blu Murray contends that his delay constitutes waiver. Goodwin explained that he deferred action because of substantial promises later reneged by Murray. We remand for a…
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Hornblower v. Toynetta C. Cobb, 932 So. 2d 402 (Fla. 2d DCA 2006)…discretion standard. Seaboard Sys. R.R., Inc. v. Peeples, 475 So. 2d 916, 917 (Fla. 2d DCA 1985). Typically, waiver is a factual matter for the trial court to decide. Bd. of County Comm’rs of Jackson County v. Int'l Union of Oper. Eng’rs, Local 653, 620 So. 2d 1062, 1065 (Fla. 1st DCA 1993). Whether a jury trial can be waived by mere inaction, however, is a legal issue subject to de novo review. See S. Baptist Hosp. of Fla., Inc. v. Welker, 908 So. 2d 317, 319 (Fla.2005). “The right of trial by jury shall be…
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