THE STATE OF FLORIDA, APPELLANT,
v.
HENRY ANDREWS AND ROBERT LEE RICHBURG, APPELLEES
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PER CURIAM.
WHEREAS, the judgment of this court was entered on January 23, 1979 (369 So. 2d 610) affirming the order of the Circuit Court for Dade County, Florida, in the above styled cause; and
WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed October 11, 1979 (376 So. 2d 9) and mandate now lodged in this court, quashed this court’s judgment.
NOW, THEREFORE, It is Ordered that the judgment of this court filed in this cause on January 23, 1979 is vacated and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The order appealed from herein is reversed. Costs allowed shall be taxed in the trial court (Rule 9.400a Florida Rules of Appellate Procedure).
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Haga v. Clay Hyder Trucking Lines, 397 So. 2d 428 (Fla. 1st DCA 1981)…ct finding function by use of depositions, this court is in as good a position to evaluate and weigh the medical testimony as the deputy. Mendivil v. Tampa Envelope Manufacturing Co., 233 So. 2d 5 (Fla.1970); Morrison Merchandising Corp. v. Rambeau, 377 So. 2d 234 (Fla. 1st DCA 1979); Swift & Co. v. Kesler, IRC Order 2-3102 (1977); cert. denied 354 So. 2d 982 (Fla.1977). Although a physician’s failure to examine the claimant and a physician’s lack of expertise in an area in which he testifies does not preven…
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Sanlando Util. Corp. & U. S. Fid. & Guar. Co. v. Morris, 418 So. 2d 389 (Fla. 1st DCA 1982)…ation setting. See Kelly v. Florida Atlantic University, 413 So. 2d 833 (Fla. 1st DCA 1982); Haga v. Clay Hyder Trucking Lines, 397 So. 2d 428, 431 (Fla. 1st DCA 1981), rev. denied, 402 So. 2d 609 (Fla.1981); Morrison Merchandising Corp. v. Rambeau, 377 So. 2d 234, 236 (Fla. 1st DCA 1979), cert. denied, 386 So. 2d 640 (Fla.1980). . As a general rule for TTD purposes, bare complaints of pain will not excuse a search for employment, Lindsley Home Care Centers v. Fuster, 413 So. 2d 810 (Fla. 1st DCA 1982), espe…
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Gold Coast Paving Co., Inc. v. Baltazar Fonseca, 411 So. 2d 259 (Fla. 1st DCA 1982)…, [emphasis supplied] However, where, as here, the only evidence presented is in the form of written depositions of witnesses, the considerations favoring the deputy’s prerogatives are less compelling. Morrison Merchandising Corporation v. Rambeau, 377 So. 2d 234 (Fla. 1st DCA 1979). We also note that Fonseca, over the employer/carrier’s objections, was not required to present himself at the hearing or at a deposition in Florida. See Chittick v. Eastern Airlines, Inc., 403 So. 2d 595 (Fla. 1st DCA 1981). Th…
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- State v. Andrews, 376 So. 2d 9 (Fla. 1979)
- THE Florida BAR v. Marks, 376 So. 2d 9 (Fla. 1979)
- State v. Andrews, 369 So. 2d 610 (Fla. 3d DCA 1979)