Hardee Livestock Market, Inc. v. Joe L. Davis Groves, Inc.
Hardee Livestock Market, Inc. v. Joe L. Davis Groves, Inc.
Opinion of the Court
ON MOTION FOR REHEARING
We did not overlook claimant’s cross-appeal when affirming, without opinion, the deputy commissioner’s order. Instead we declined to take notice of an as
Chapter 440 is yet self-executing independently of this Court’s role and function. The parties might before now have stipulated to dismiss the cross-appeal, upon settling issues previously disputed upon the record. Even now, nothing prevents the carrier from paying what it considers in good faith is claimant’s due. But as for us, we will not make light of the deputy’s function, nor treat his order as a trivial thing, by reversing that order, without a clear showing of error, on mere agreement of the parties. Under chapter 440 the parties have their function, which is to self-enforce the Act insofar as they conscientiously can do so, even during an appeal, Holiday Care Center v. Scriven, 418 So.2d 322, 327-28 (Fla. 1st DCA 1982); and this Court has another function, which is to correct plain and substantial errors of law, of which there were none here, and to affirm orders not so flawed. No reversible error having been shown, we adhere to our decision previously announced, Fla.App., 422 So.2d 844, and claimant’s motion for rehearing is
DENIED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.