DORIS COOPER, APPELLANT,
v.
KELLEY'S FOOD STORES, INC., APPELLEE

Fla. 1st DCA | 1996-08-14
No. 96-425
BOOTH, JOANOS and WOLF, JJ., concur.
677 So. 2d 996 Florida District Court of Appeal, First District (1996) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Plaintiff appeals a judgment for the defendant based upon a jury verdict. After the filing of an initial brief, appellee moved for remand, agreeing that appellant is entitled to a new trial. We choose to treat this motion as a confession of error and reverse and remand to the trial court for a new trial.

REVERSED.

BOOTH, JOANOS and WOLF, JJ., concur.


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  • Clay Cnty. Sch. Bd. & Alexsis, Inc. v. Robison, 725 So. 2d 425 (Fla. 1st DCA 1999)
    …excusing timely notice of injury as to the first of Ms. Robison’s claimed injuries. We therefore reverse and remand for the judge of compensation claims to reconsider this question under section 440.185(1), Florida Statutes (1995). See GTE v. Hall, 677 So. 2d 996 (Fla. 1st DCA 1996) (reversing because the judge of compensation claims did not apply the correct statute when determining if notice was timely). Another superseded statutory standard was applied in deciding the merits. The judge of compensation cl…
  • Motorola, Inc. v. Bradshaw, 798 So. 2d 819 (Fla. 1st DCA 2001)
    …unable to determine whether the JCC applied this statute.1 Accordingly, we reverse and remand for the JCC to make findings in accordance with section 440.185(1). See Clay County School Bd. v. Robison, 725 So. 2d 425 (Fla. 1st DCA 1999); GTE v. Hall, 677 So. 2d 996 (Fla. 1st DCA 1996). BOOTH, BARFIELD and MINER, JJ., CONCUR. . We note that the JCC’s finding that claimant was not aware that his injuries arose from the automobile accident is not supported by any record evidence.…

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