Banta v. Phillips Co.

District Court of Appeal of Florida

Banta v. Phillips Co.

622 So. 2d 173, 1993 Fla. App. LEXIS 8391, 1993 WL 303098

CourtDistrict Court of Appeal of Florida

DecidedAugust 12, 1993

DocketNo. 91-3026

StatusPublished

This text of 622 So. 2d 173 (Banta v. Phillips Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Banta v. Phillips Co., 622 So. 2d 173, 1993 Fla. App. LEXIS 8391, 1993 WL 303098 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

The appealed order is affirmed, except insofar as the judge addressed the question of maximum medical improvement and the existence of any permanent impairment. It was not necessary for the judge to address these matters to resolve the claim, and they were not within the scope of the issues presented for adjudication. The judge thus should not have entered a ruling as to these matters. See e.g., Scott Smith Oldsmobile v. Hoffard, 415 So.2d 886 (Fla. 1st DCA 1982); Central Oil v. Campen, 390 So.2d 191 (Fla. 1st DCA 1980). The maximum medical improvement and permanent impairment determinations are therefore stricken from the appealed order, and as amended the order is affirmed.

ZEHMER, C.J., and ALLEN and WEBSTER, JJ., concur.

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PER CURIAM.

The appealed order is affirmed, except insofar as the judge addressed the question of maximum medical improvement and the existence of any permanent impairment. It was not necessary for the judge to address these matters to resolve the claim, and they were not within the scope of the issues presented for adjudication. The judge thus should not have entered a ruling as to these matters. See e.g., Scott Smith Oldsmobile v. Hoffard, 415 So.2d 886 (Fla. 1st DCA 1982); Central Oil v. Campen, 390 So.2d 191 (Fla. 1st DCA 1980). The maximum medical improvement and permanent impairment determinations are therefore stricken from the appealed order, and as amended the order is affirmed.

ZEHMER, C.J., and ALLEN and WEBSTER, JJ., concur.

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Bluebook (online)

622 So. 2d 173, 1993 Fla. App. LEXIS 8391, 1993 WL 303098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banta-v-phillips-co-fladistctapp-1993.

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