HARRY K. SINGLETARY, SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, APPELLANT,
v.
ERSKIN TUFF, APPELLEE

Fla. 1st DCA | 1997-06-02
No. 96-4260
MINER, ALLEN and MICKLE, JJ., concur.
694 So. 2d 136 Florida District Court of Appeal, First District (1997) Negative Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

REVERSED. See Singletary v. Brown, 693 So. 2d 87 (Fla. 1st DCA 1997).

MINER, ALLEN and MICKLE, JJ., concur.


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  • …WELLS, Justice. We have for review Wal-Mart Stores v. Campbell, 694 So. 2d 136 (Fla. 1st DCA 1997), in which the district court certified the following question to be of great public importance: Whether American Uniform & Rental Service v. Trainer, 262 So. 2d 193 (Fla. [*437] 1972), mandates use of section 440.14(l)(a), Flori…
  • James v. Armstrong World Indus., Inc., 864 So. 2d 1132 (Fla. 1st DCA 2003)
    …calculation urged by Wal-Mart “would result in an AWW which would not fairly approximate the claimant’s pre-injury earning capacity and use of which would therefore not properly reflect his probable future earning loss.” Wal-Mart Stores v. Campbell, 694 So. 2d 136, 142 (Fla. 1st DCA 1997). The panel concluded the JCC properly exercised his discretion in calculating the AWW. A majority of the supreme court quashed the decision of this Court, determining that “section 440.14(l)(a), Florida Statutes, set forth t…
  • …. ERVIN and KAHN, JJ., concur. . In calculating the average weekly wage, the judge of compensation claims included wages from Mr. Gusmano's concurrent employment (approximately one night per week) as a disc jockey. See Wal-Mart Stores v. Campbell, 694 So. 2d 136 (Fla. 1st DCA 1997). This aspect of the award has not been questioned on appeal, and no cross-appeal was taken. . Cf. Albertson's Inc. v. Natale, 555 So. 2d 946, 948-49 (Fla. 1st DCA 1990) (holding that an employee who was attending college was not…

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