Florida District Courts of Appeal, 1983

Disco 95, Inc. v. Calderone

Florida District Courts of Appeal · Decided March 11, 1983 · Booth, Nimmons, Wigginton

427 So. 2d 1084; 1983 Fla. App. LEXIS 20203 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Houghton v. ABJ Constructors, Inc. (Fla. Dist. Ct. App. 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

WIGGINTON, Judge.

The employee/carrier, having voluntarily dismissed their appeal, leave before us claimant’s cross-appeal challenging the constitutionality of Section 440.15(3). This statutory provision has been considered by the court in Carr v. Central Florida Aluminum Products, Inc., 402 So.2d 565 (Fla. 1st DCA 1981), Acton v. Ft. Lauderdale Hospital, 418 So.2d 1099 (Fla. 1st DCA 1982), Mahoney v. Sears, Roebuck & Co., 419 So.2d 754 (Fla. 1st DCA 1982) and Alfred John v. GDG Seryices, Inc., 424 So.2d 114 (Fla. 1st DCA 1982) and in each case has withstood the attack. Accordingly, the cross-appeal is denied.

NIMMONS, J., concurs. BOOTH, J., dissents with written opinion.

Dissenting Opinion

BOOTH, Judge,

dissenting:

I dissent for the reasons stated in Mahoney v. Sears, Roebuck & Company, 419 So.2d 754, 756 (Fla. 1st DCA 1982) (dissenting opinion).

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