N. C. BRANDON, WILLIAM METTLER, JOHN B. IMMEL, VAL GOTTSCHLING AND D. H. COLVILLE, APPELLANTS.
v.
PINELLAS COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
Following oral argument in this cause, we have given careful consideration to the jurisdictional aspects of the case and have determined that, under the holding of this Court in Armstrong v. City of Tampa, Fla. 1958, 106 So.2d 407, this Court is without jurisdiction to entertain this appeal. Accordingly it is,
Ordered that, pursuant to Rule 2.1, subd. a(5) (d), Florida Appellate Rules, 31 F.S. A., the notice of appeal and all other papers filed herein shall, at the expiration of five days from the date this order is filed in the Clerk’s office, be transferred to the District Court of Appeal of Florida, Second District.
THOMAS, C. J., and ROBERTS, DREW, TFIORNAL, O’CONNELL and BARNS, JJ., concur.
TERRELL, J., dissents.
(dissenting).
I would affirm the judgment.
TERRELL, Justice
(dissenting).
I would affirm the judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Brandon v. Cnty. OF Pinellas, 141 So. 2d 278 (Fla. 2d DCA 1962)…e Supreme Court but after hearing, that court determined that it was without jurisdiction and, pursuant to Florida Appellate Rule 2.1, subd. a(5) (d), 31 F.S.A., transferred the cause to this court. Brandon v. Pinellas County, Florida, Fla.Sup.1961, 128 So. 2d 605. The appellants, as plaintiffs, filed their complaint against Pinellas County, alleging, in effect, that the County was the owner of property lying near the entrance to Tampa Bay from the Gulf of Mexico in the County that was vacant and undeveloped…
-
Vadala v. Polk Cnty. Sch. Bd. & Integrated Administrators, 822 So. 2d 582 (Fla. 1st DCA 2002)…work because of his knee surgeries in 1990 and 1995. Moreover, continuing to work, though in' constant pain following an injury, does not preclude compensation for disability when pain forces cessation of work. Underwood v. Terminal-Frouge Builders, 128 So. 2d 605, 607-608 (Fla.1961). Thus, the fact that Appellant did not miss work following the, 1997 injury does not, alone, provide competent, substantial evidence that the 1997 injury did not contribute to his overall disability. The uncontroverted evidence…
-
City OF Miami v. Simpson, 496 So. 2d 899 (Fla. 1st DCA 1986)…ility in our opinion. We note that it would be highly inequitable to permanently bar wage loss benefits because the claimant chose to participate in a full-time, albeit unauthorized, rehabilitation program. Cf. Underwood v. Terminal-Frouge Builders, 128 So. 2d 605, 608 (Fla.1961). (It would “violate the spirit and intent of the Workmen’s Compensation Law [to penalize] a claimant for attempting [*902] through the' furtherance of his education to limit the effect of his disability.”) In a cross-appeal, the cla…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Armstrong v. City OF Tampa, 106 So. 2d 407 (Fla. 1958)