JOHN E. SHULL, APPELLANT,
v.
HARRY GOLDBERG, APPELLEE

Fla. 3d DCA | 1959-10-22
No. 59-272
115 So. 2d 203 Florida District Court of Appeal, Third District (1959) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed.


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  • …ion of the District Court of Appeal, Second District, Arthur J. Collins & Son, Inc. v. Knight et al., 117 So. 2d 740, upon an alleged conflict with a decision of the District Court, Third District, in the case of Shirey v. Thompson et al., Fla.App., 115 So. 2d 203, certiorari denied. Both decisions involve a dispute as to liability for workmen’s compensation under Section 440.10(1), Florida Statutes, F.S.A., reading as follows: “Every employer coming within the provisions of this chapter * * * shall be liab…
  • King v. State, 143 So. 2d 458 (Fla. 1962)
    …lict between the two decisions upon the pivotal point of law and on closely related facts, and one which is in this instance nonetheless direct because of the failure of the court to write an opinion in the Shirey case [Shirey v. Thompson, Fla.App., 115 So. 2d 203] to substantiate its decision therein.” (Italics supplied.) This Court has no power to change the word “decision,” placed in our Constitution by the people, to “opinion” although it may consider the opinion, if there be one, and the judgment in det…
  • Foley v. Weaver Drugs, Inc., 177 So. 2d 221 (Fla. 1965)
    …lict between the two decisions upon the pivotal point of law and on closely related facts, and one which is in this instance nonetheless direct because of the failure of the court to write an opinion in the Shirey case [Shirey v. Thompson, Fla.App., 115 So. 2d 203] to substantiate its decision therein.” It appears, therefore, that in actual practice this court has not been relieved of any substantial portion of its workload by the policy announced in the Lake case respecting per curiam decisions. The only pr…

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