BARNEY E. TULLY, JR., APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Murray v. Mariner Health and ACE USA, 994 So. 2d 1051 (Fla. 2008)
  …he appellant’s constitutional challenges to this statute, as significantly amended in 2003, were considered and rejected in our recent decisions in Lundy v. Four Seasons Ocean Grand Palm Beach, 932 So. 2d 506 (1st DCA 2006); and Campbell v. Aramark, 933 So. 2d 1255 (1st DCA 2006). Accordingly, we are constrained to affirm the JCC’s award of a reasonable attorney’s fee based on the statutory guideline formula. See Wood v. Fla. Rock Indus., 929 So. 2d 542 (Fla. 1st DCA 2006), granting motion for certification, 9…

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• Castellanos v. Next Door Company/Amerisure Ins. Co., 124 So. 3d 392 (Fla. 1st DCA 2013)
  …owever, we are bound to conclude that the statute is constitutional, both on its face and as applied. See Kauffman v. Cmty. Inclusions, Inc./Guarantee Ins. Co., 57 So. 3d 919, 920-21 (Fla. 1st DCA 2011); Campbell v. Aramark & Speciality Risk Servs., 933 So. 2d 1255, 1256 (Fla. 1st DCA 2006), disapproved on other grounds by Murray v. Mariner Health, 994 So. 2d 1051, 1062 (Fla.2008); Lundy v. Four Seasons Ocean Grand Palm Beach, 932 So. 2d 506, 509-10 (Fla. 1st DCA 2006), disapproved on other grounds by Murray,…
• Kauffman v. Community Inclusions, 57 So. 3d 919 (Fla. 1st DCA 2011)
  …st DCA 2006). We are, of course, aware that in quashing this court’s decision in Murray v. Manners Health/ACE USA, 946 So. 2d 38 (Fla. 1st DCA 2006), the Florida Supreme Court also disapproved of this court’s decisions in Lundy, Campbell v. Aramark, 933 So. 2d 1255 (Fla. 1st DCA 2006), and Wood v. Florida Rock Industries, 929 So. 2d 542 (Fla. 1st DCA 2006). Murray, 994 So. 2d at 1062. The supreme court did not address any constitutional issues in Murray, see id. at 1053, however, and did not cast any doubt on…

Authorities Cited

• Colon v. Showtime Child's. Dance Studios, Inc., 766 So. 2d 459 (Fla. 5th DCA 2000)