Supreme Court of Florida, 1971

Dudley Forming Service, Inc. v. Tilley

Dudley Forming Service, Inc. v. Tilley
Supreme Court of Florida · Decided December 15, 1971 · Boyd, Dekle, Ervin, McCain, Roberts
257 So. 2d 35 (Southern Reporter, Second Series)

Dudley Forming Service, Inc. v. Tilley

Opinion of the Court

PER CURIAM.

We granted certiorari in this cause, and after hearing oral argument and upon consideration of the record we find that the order of the Judge of Industrial Claims is based on competent, substantial evidence as required by United States Casualty Co. v. Maryland Casualty Co., 55 So.2d 741 (Fla. 1951). Specifically, we conclude that the finding of the Claims Judge that claimant Tilley was the aggressor in an altercation occurring after a cooling-off period is supported by competent substantial evidence in the record. It was therefore error for the Industrial Relations Commissioin to reverse the order of the Claims Judge. Accordingly, the order of the Full Commission is quashed with directions to reinstate the order of the Judge of Industrial Claims.

It is so ordered.

ROBERTS, C. J., and ERVIN, BOYD, McCAIN and DEKLE, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.