RIO MIAMI CORP., APPELLANT,
v.
JULIO BALBUENA, APPELLEE
RIO MIAMI CORP., APPELLANT,
JULIO BALBUENA, APPELLEE
756 So. 2d 258
Florida District Court of Appeal, Third District (2000)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The trial court erred in granting the plaintiff/appellee’s motion to reinstate maintenance and cure because contradicting medical evidence existed which indicated the plaintiffiappellee had not reached maximum medical improvement. See Langmead v. Admiral Cruises, Inc., 610 So. 2d 565 (Fla. 3d DCA 1992); Quarrel v. Minervini, 510 So. 2d 977 (Fla. 3d DCA 1987), review denied, 519 So. 2d 987 (Fla.1988).
Accordingly, the order below is reversed and the case is remanded with instructions to send the issue to the jury: See Hendricks v. Dailey, 208 So. 2d 101 (Fla.1968); Quarrel v. Minervini, 510 So. 2d at 977.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Royal Caribbean Cruises, Ltd. v. Rigby, 96 So. 3d 1146 (Fla. 3d DCA 2012)…nance and cure without a trial flies in the face of settled law in this District that a seaman is not entitled to a pre-trial order for payment of maintenance and cure before a trial on the merits on disputed issues. See Rio Miami Corp. v. Balbuena, 756 So. 2d 258 (Fla. 3d DCA 2000); Langmead v. Admiral Cruises, Inc., 610 So. 2d 565 (Fla. 3d DCA 1992); see also Rose, 939 F.Supp. at 1548 (settling dispute between physicians as to whether seaman reached maximum medical improvement at bench trial on claim for ma…
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God's Blessing Ltd. v. Salas (Fla. 3d DCA 2022)…correct that in an ordinary case, maintenance and cure cannot be ordered over objection without an evidentiary hearing” but finding an exception for an order based on a motion to compel that was not timely appealed); Rio Miami Corp. v. Balbuena, 756 So. 2d 258 (Fla. 3d DCA 2000) (reversing a motion to reinstate maintenance and cure because of contradicting medical evidence). For this reason, absent an argument the rules are somehow preempted which is not being made here, we hold that a party seeking…
Authorities Cited
- Hendricks v. Dailey, 208 So. 2d 101 (Fla. 1968)
- Avis Quarrel v. Donald Minervini, M.D., 510 So. 2d 977 (Fla. 3d DCA 1987)
- Langmead v. Admiral Cruises, Inc., 610 So. 2d 565 (Fla. 3d DCA 1992)