EARL W. SHOPE, APPELLANT,
v.
THE CITY OF ORLANDO AND THE FLORIDA INDUSTRIAL COMMISSION, APPELLEES

Fla. | 1953-05-01
ROBERTS, C. J., and HOBSOÑ, MATHEWS and DREW, JJ., concur.
64 So. 2d 770 Florida Supreme Court (1953) Caution
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed under the authority of Bonnie Gray v. Employers Mutual Liability Insurance Company, opinion filed November 14, 1952, adhered to on rehearing granted April 24, 1953. 64 So. 2d 650. This reversal is with leave, however, to the appellees to present at a further hearing before the Deputy Commissioner such defenses as they may be advised, consistent with the rule announced in Bonnie Gray v.. Employers Mutual Liability Insurance Company, supra.

ROBERTS, C. J., and HOBSOÑ, MATHEWS and DREW, JJ., concur.


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  • Sullivan v. Mayo, 121 So. 2d 424 (Fla. 1960)
    …elationship. Hardware Mutual Casualty Co. v. Carlton, 151 Fla. 238, 9 So. 2d 359; Great American Indemnity Co. v. Smith, 156 Fla. 662, 24 So. 2d 42; Fidelity & Casualty Co. of New York v. Bedingfield, Fla.1952, 60 So. 2d 489; Fink v. Kink, Fla.1953, 64 So. 2d 770; Phillips v. City of West Palm Beach, Fla.1954, 70 So. 2d 345; Hecht v. Parkinson, Fla.1954, 70 So. 2d 505. Applying the rule of the cited cases to the situation before us we are compelled to hold that the deputy commissioner at the outset and the f…
  • Phillips v. City of W. Palm Beach, 70 So. 2d 345 (Fla. 1953)
    …statutes by the employer, employee, and insurance carrier constitutes a contract between the parties embracing the provisions of the statutes as they may exist at the time of any injury compensable under the terms of the statute. Fink v. Fink, Fla., 64 So. 2d 770; Fidelity & Casualty Company of New York v. Bedingfield, Fla., 60 So. 2d 489; Chamberlain v. Florida Power Corporation, 144 Fla. 719, 198 So. 486; Hardware Mutual Casualty Company v. Carlton, 151 Fla. 238, 9 So. 2d 359; Stansell v. Marlin, 153 Fla.…
  • Stevens v. Int'l Builders OF Fla., Inc., 207 So. 2d 287 (Fla. 3d DCA 1968)
    …d, nor was he a partner in any business concern. The question then is: Does there exist a separate entity of which Stevens might be an employee? An analogous situation was presented to the Florida Supreme Court in the case of Fink v. Fink, Fla.1953, 64 So. 2d 770. From the facts of that case, it appears that Ballard E. Fink and Paul F. Lyt-ton had formed a partnership doing business as Marrs Motor and Salvage Company. When Fink was killed while performing work for the partnership, his widow sought to recover…

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