MARLEY ROOF TILES AND CNA INSURANCE COMPANY, APPELLANTS,
v.
BENNIE SMARR, APPELLEE
MARLEY ROOF TILES AND CNA INSURANCE COMPANY, APPELLANTS,
BENNIE SMARR, APPELLEE
672 So. 2d 633
Florida District Court of Appeal, First District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
In this workers’ compensation case there was an undue delay between the final hearing and entry of the appealed order. Because it cannot be ascertained from the order whether the judge could clearly recall all pertinent aspects of the hearing, and the credibility and testimony of live witnesses was of critical importance, the appealed order is reversed and the case remanded for a de novo hearing. See, e.g., Harrington v. Vida Appliance Corp., 542 So. 2d 1006 (Fla. 1st DCA 1988).
ZEHMER, C.J., and ALLEN and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Polk Cnty. Bd. OF Cnty. Commissioners/Polk Gen. Hosp. & Commercial Risk Mgmt. v. Zola Anne Ross, 911 So. 2d 854 (Fla. 1st DCA 2005)…ere inconsistencies in her testimony, and (3) rendering its final order five months after the final hearing because the evidence had become stale as discussed in Palmieri v. NAACO, 677 So. 2d 1310 (Fla. 1st DCA 1996), and Marley Roof Tiles v. Smarr, 672 So. 2d 633 (Fla. 1st DCA 1996). The claimant argues in response that (1) the claimant notified the E/C of her occupational accident in a timely manner after discovering the cause of her illness as required under section 440.185(l)(b), Florida Statutes, (2) th…
Authorities Cited
- Harrington v. Vida Appliance Corp. & Gulf Ins. Co., 542 So. 2d 1006 (Fla. 1st DCA 1988)