ROGELIO VELOSO, APPELLANT,
v.
TRUSTCORP CAPITAL LEASING, APPELLEE

Fla. 3d DCA | 2001-06-13
No. 3D00-3575
Before GERSTEN, SHEVIN, and RAMIREZ, JJ.
791 So. 2d 1138 Florida District Court of Appeal, Third District (2001) Positive Treatment
Cited by 23 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Perkins v. Salem, 249 So. 2d 466 (Fla. 1st DCA 1971) (upholding denial of successive motions for relief from judgment where grounds for relief in successive motions were repetitive of those asserted in the first motion, or which with due diligence could have been asserted in the first motion).


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Cited By (11 total)

  • Pearson v. Paradise Ford & Comp Options Ins., 951 So. 2d 12 (Fla. 1st DCA 2007)
    …to provide compensation or benefits. We agree that section 440.09(l)(b) does not apply here. Section [*16] 440.42(4), Florida Statutes (2003),3 not section 440.09(l)(b), controls the case under review. We held in B & L Services, Inc. v. Coach USA, 791 So. 2d 1138, 1142-43 (Fla. 1st DCA 2001), that section 440.42(3) [now section 440.42(4) ] governs the division of liability between carriers when two or more compensable accidents combine to cause the claimant’s need for benefits. See also Jeffrey’s Steel v. Co…
    1 / 2
  • …e accident causes injury which is independent from or an exacerbation of the first com-pensable accident. Section 440.42(3) thereafter allows the [JCC] to divide liability according to each carrier’s responsibility.” B & L Servs., Inc. v. Coach USA, 791 So. 2d 1138, 1143 (Fla. 1st DCA 2001) (quoting U.S. Elec. Co. v. Sisk Elec. Serv., Inc., 417 So. 2d 738 (Fla. 1st DCA 1982)). Where liability is divided among two or more carriers pursuant to section 440.42(3), attorney’s fees should be apportioned accordingly.…
  • …cause the judge also failed to make any findings regarding this issue, we are constrained to reverse and remand with directions that the judge address the issue and make findings of fact supporting his conclusion. See B & L Servs., Inc. v. Coach USA 791 So. 2d 1138, 1144 (Fla. 1st DCA 2001). In summary, we reverse the determinations that claimant is not entitled to impairment benefits attributable to her neck injury or to penalties and interest for late payment of impairment benefits attributable to her low-b…

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