BIRDSALL CONSTRUCTION COMPANY AND COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK, PETITIONERS,
v.
GOOD SAMARITAN HOSPITAL AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS

Fla. | 1967-06-07
No. 35967
THORNAL, C. J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ., concur.
199 So. 2d 461 Florida Supreme Court (1967) Positive Treatment
Cited by 18 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

By petition for a writ of certiorari we have for review an order of the Florida Industrial Commission bearing date October 25, 1966.

After having heard oral argument, and after our consideration of the petition, the record and briefs, we conclude that there has been no deviation from the essential requirements of law.

The petition for certiorari is, therefore, denied.

It is so ordered.

THORNAL, C. J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ., concur.


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  • Sch. Bd. OF Broward Cnty. v. Surette, 281 So. 2d 481 (Fla. 1973)
    …and construing opinions have been promulgated by this Court relating to the practice and procedure of all courts and a statutory provision provides a contrary practice or procedure, as in this case, the statute must fall. See, e. g., Biro v. Geiser, 199 So. 2d 461 (Fla.1967). This portion of Fla.Stat. § 455.-06(2), which provides for the severance of a political body’s insurer relates to joinder and severance, truly a procedural matter, and is therefore superseded and rendered ineffective as hereinabove set f…
  • Forrest v. Carter, 308 So. 2d 141 (Fla. 1st DCA 1975)
    …case law. (Rule 1.510 RCP; Connell v. Sledge et al., Fla.App., 306 So. 2d 194, opinion filed January 16, 1975; Holl v. Talcott, Sup.Ct.Fla.1966, 191 So. 2d 40; Visingardi v. Tirone, Sup.Ct.Fla.1966, 193 So. 2d 601; Biro v. Geiser, Sup.Ct.Fla. 1967, 199 So. 2d 461; Scanlon v. Litt, Sup.Ct.Fla. 1966, 191 So. 2d 553; Spencer v. Halifax Hospital District, Fla.App.1st 1970, 242 So. 2d 143; Wilson v. State Road Department, Fla.App.1st 1967, 201 So. 2d 619; Campbell v. Anheuser-Busch, Inc., Fla. App.1972, 265 So. 2…
  • Boymer v. Birmelin, 227 So. 2d 358 (Fla. 3d DCA 1969)
    …issue created by that affirmative defense, notwithstanding its presentation in the case in the form of a sworn answer, the defendant had the burden of [*362] establishing the defense by a preponderance of the evidence. See Biro v. Geiser, Fla. 1967, 199 So. 2d 461, so holding because of the existence and effect of Rule 1.110(d), RCP, 30 F.S.A. In our view the trial court was in error in holding that the. defendant successfully met that burden, and that want of consideration was established by a preponderance…

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