J. P. BUTTS, APPELLANT,
v.
CENTRAL & SOUTHERN FLOOD CONTROL DISTRICT ET AL., APPELLEES
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This cause is here on appeal to review an order of the Twentieth Judicial Circuit for Hardy County, Florida, dated October 20, 1972, which order dismissed Appellant’s complaint based on a ruling that Chapter 71-165, Laws of Florida 1971, was unconstitutional. Our jurisdiction over this direct appeal is acquired pursuant to the provisions of Fla.Const., Article V, § 3(b)(1), F.S.A.
The attorneys for the Appellees state in their brief that neither the parties to this cause nor the trial court was aware of this Court’s Decision in State of Florida, Department of Transportation v. Feltner, Fla., 266 So.2d 670 (1972). Accordingly, Appellees "confess error below and consent to entry of an order reversing the judgment below and remanding the cause for further proceedings.”
It appearing that the trial court’s order was in error, and pursuant to Appellee’s request, we reverse the Circuit Court’s decision and remand the cause so that the Appellant may proceed with his suit in that court.
Jt is so ordered.
ERVIN, Acting C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
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S. Bell Tel. & Tel. Co. v. McCOOK, 355 So. 2d 1166 (Fla. 1977)…statute, for all practical purposes. . See 1 A. Larson, The Law of Workmen’s Compensation § 12.00 (1972). . Reed v. Brinson Elec. Co., 50 So. 2d 877 (Fla.1951). . Diamelio v. Royal Castle, 148 So. 2d 8 (Fla.1962). . Federal Elec. Corp. v. Best, 274 So. 2d 886 (Fla.1973). See also Damon v. Central Hotel, 135 So. 2d 204 (Fla.1961), concerning sufficiency of evidence showing a fall was not idiopathic. .See General Properties Co. v. Greening, 154 Fla. 814, 820, 18 So. 2d 908, 911 (1944).…
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Leon Cnty. Sch. Bd. v. Grimes, 548 So. 2d 205 (Fla. 1989)…5 So. 2d 404 (Fla.1973), we denied recovery to an employee who sustained an injury after suffering an epileptic seizure and falling to the floor because that injury arose from a personal condition. Likewise, in Federal Electric [*208] Corp. v. Best, 274 So. 2d 886 (Fla.1973), we denied benefits where an employee suffered an epileptic seizure, causing him to fall, fracture his skull, and eventually die. To adopt the actual-risk doctrine suggested by the First District Court and Grimes would allow recovery in…
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S. Convalescent Home & R. P. Hewitt & Assocs. v. Wilson, 285 So. 2d 404 (Fla. 1973)…or effects of the fall is extremely difficult to justify and the relevant decisions are in decided conflict.” Our latest pronouncement in this area of workmen’s compensation law is contained in our recent decision of Federal Electric Corp. v. Best, 274 So. 2d 886 (Fla.1973), wherein we quashed the order of the Commission reversing the Judge of Industrial Claims and ordered reinstatement of the judge’s order. In Best, supra, the judge entered an order finding, “. . . the claimant was standing perfectly still…
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- State v. Feltner, 266 So. 2d 670 (Fla. 1972)