MISAL INDUSTRIES AND ALLSTATE INSURANCE COMPANY, PETITIONERS,
v.
MARIA HARTMAN AND INDUSTRIAL RELATIONS COMMISSION, RESPONDENTS

Fla. | 1976-11-18
No. 48941
OVERTON, C. J., and ROBERTS, ADKINS, SUNDBERG and HATCHETT, JJ., concur.
339 So. 2d 655 Florida Supreme Court (1976) Positive Treatment
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We have for review by petition for writ of certiorari an order of the Industrial Relations Commission reversing a decision of a Judge of Industrial Claims on the sole basis that it was not entered within the thirty-day period specified in Section 440.25(3)(b), Florida Statutes.

Since the entry of the Commission’s order in this case, we have decided Scottie-Craft Boat Corp. v. Smith, Fla., 336 So. 2d 1150, and Miller v. Oolite Industries, Inc., Fla., 336 So. 2d 1152, opinions filed July 30, 1976. On the authority of those decisions, we now grant the petition in the instant ease, quash the order of the Industrial Relations Commission, and remand to the Commission for a determination whether on the facts of this case a trial de novo before a Judge of Industrial Claims is necessary.

It is so ordered.

OVERTON, C. J., and ROBERTS, ADKINS, SUNDBERG and HATCHETT, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • State v. Johnson, 345 So. 2d 1069 (Fla. 1977)
    …ative duty rather than as a governmental power.” The statute does not violate the constitutional requirement of separation of powers among the branches of government, as expressed in Article II, Section 3, Florida Constitution. In Levitz v. State, 339 So. 2d 655 (Fla.1976), the offender attacked the constitutionality of Chapter 318.14(5), Florida Statutes, on the ground that it subjected him to a greater penalty when he exercised his right to confront witnesses against him. We said: “We cannot agree with a…
  • State v. Lane, 45 Fla. Supp. 145 (Fla. Cty. Ct. 1977)
    …r statute, 316.066(4). The purpose of this new statutory scheme was to decriminalize certain traffic violations and “facilitate the implementation of a more uniform and expeditious system for the disposition of traffic infractions.” Levitz v. State, 339 So. 2d 655, 657 (Fla. 1976). Accord, State v. Webb, 335 So. 2d 826 (Fla. 1976) . Mr. Justice Adkins, a longtime advocate of traffic court reform and one of the principal architects of the decriminalization plan, discussed its rationale in State v. Johnson,...…
  • State v. Garner, 402 So. 2d 1333 (Fla. 2d DCA 1981)
    …t a full hearing to contest the citation and that, if commission of the infraction is proven, the official may impose a civil penalty not to exceed $500 or require attendance at a driving school or both has been held constitutional. Levitz v. State, 339 So. 2d 655 (Fla.1976). Contrary to the trial court’ assumption, moreover, under section 318.18(3) as amended, a person who contests a charge of speeding over 65 mph in a 55 mph zone and is found guilty must pay the enhanced penalty ($25 for a speed between 65…

Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw