Disco 95, Inc. v. Calderone

District Court of Appeal of Florida

Disco 95, Inc. v. Calderone

427 So. 2d 1084, 1983 Fla. App. LEXIS 20203

CourtDistrict Court of Appeal of Florida

DecidedMarch 11, 1983

DocketNo. AL-325

StatusPublished

Cited by1 cases

This text of 427 So. 2d 1084 (Disco 95, Inc. v. Calderone) 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.

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Disco 95, Inc. v. Calderone, 427 So. 2d 1084, 1983 Fla. App. LEXIS 20203 (Fla. Ct. App. 1983).

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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.

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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.

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427 So. 2d 1084, 1983 Fla. App. LEXIS 20203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disco-95-inc-v-calderone-fladistctapp-1983.

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