FLORIDA PLASTERING, ET AL., PETITIONERS,
v.
DENNIS ALDERMAN, RESPONDENT
FLORIDA PLASTERING, ET AL., PETITIONERS,
DENNIS ALDERMAN, RESPONDENT
755 So. 2d 604
Florida Supreme Court (2000)
Negative Treatment
Cited by 115 cases
Topics
Explore caselaw by topic → Browse Workers' Compensation Offset cases and more on FLexlaw
Opinion of the Court
QUINCE, J.
We have for review a decision on the following question of great public importance certified by the First District Court of Appeal in Alderman v. Florida Plastering, 748 So. 2d 1038 (Fla. 1st DCA 1998):
WHERE AN EMPLOYER TAKES A WORKERS’ COMPENSATION OFFSET UNDER SECTION 440.20(15), FLORIDA STATUTES (1985), AND INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(l)(e)(l), FLORIDA STATUTES (1985), IS THE EMPLOYER ENTITLED TO RECALCULATE THE OFFSET BASED ON THE YEARLY 5% INCREASE IN SUPPLEMENTAL BENEFITS?
We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed in City of Clearwater v. Acker, 755 So. 2d 597 (Fla.1999), we answer the certified question in the negative and approve the First District’s decision in this case.
It is so ordered.
HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (110 total)
-
Beasley v. State, 774 So. 2d 649 (Fla. 2000)…asonably conclude that the murder was independent of, rather than in furtherance of, the underlying robbery (or, that no felony murder occurs when the victim's murder is committed for some reason other than to further the robbery). See Ray v. State, 755 So. 2d 604, 609 (Fla.2000) (observing that the "independent act” doctrine "arises when one cofelon, who previously participated in a common plan, does not participate in acts committed by his cofelon, 'which fall outside of, and are foreign to, the common desi…
-
Brooks v. State, 918 So. 2d 181 (Fla. 2005)….403, Fla. Stat. (2002). The admissibility of evidence is within the sound discretion of the trial court, and the trial court’s determination will not be disturbed on appellate review absent a clear abuse of that discretion. See, e.g., Ray v. State, 755 So. 2d 604, 610 (Fla.2000); Zack v. State, 753 So. 2d 9, 25 (Fla.2000). In Brooks’ retrial, the trial court permitted, over defense counsel’s objection, insurance salesman Steve Mantheny to testify regarding only the existence of a $100,000 life insurance pol…
-
Quawn M. Franklin v. State, 965 So. 2d 79 (Fla. 2007)…trial court’s determination will not be disturbed on appellate review absent a clear abuse of that discretion. See, e.g., Brooks v. State, 918 So. 2d 181, 203 (Fla.2005), cert. denied, — U.S. —, 126 S.Ct. 2294, 164 L.Ed.2d 820 (2006); Ray v. State, 755 So. 2d 604, 610 (Fla.2000); Zack v. State, 753 So. 2d 9, 25 (Fla.2000). The basis of Franklin’s objection to the helicopter statement was highly speculative. The jury knew that Lawley had identified his assailant and the car he was driving. It was logical tha…
Previewing 3 of 110 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Clearwater v. Judi Acker, 755 So. 2d 597 (Fla. 1999)
- Alderman v. Fla. Plastering & Associated Indus. Ins. Co., 748 So. 2d 1038 (Fla. 1st DCA 1998)