Hornsby v. Lance Construction

District Court of Appeal of Florida

Hornsby v. Lance Construction

581 So. 2d 1011, 1991 Fla. App. LEXIS 7399, 1991 WL 133503

CourtDistrict Court of Appeal of Florida

DecidedJuly 17, 1991

DocketNo. 90-1590

StatusPublished

This text of 581 So. 2d 1011 (Hornsby v. Lance Construction) 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

Hornsby v. Lance Construction, 581 So. 2d 1011, 1991 Fla. App. LEXIS 7399, 1991 WL 133503 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

The $10 increase in the average weekly wage (AWW) is ' inconsistent with the judge’s finding in the April 23, 1990, order: “With respect to the claim for increase in AWW for transportation provided, I find there was no reliable evidence presented concerning the personal value or actual mileage.” It is also inconsistent with her comment at the hearing on the motion for rehearing, that she did not feel claimant’s testimony was competent substantial evidence regarding how far he drove his employer’s truck each day.

The $10 increase in the average weekly wage is REVERSED. Otherwise, the order is AFFIRMED.

BOOTH, WIGGINTON and BARFIELD, JJ., concur.

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PER CURIAM.

The $10 increase in the average weekly wage (AWW) is ' inconsistent with the judge’s finding in the April 23, 1990, order: “With respect to the claim for increase in AWW for transportation provided, I find there was no reliable evidence presented concerning the personal value or actual mileage.” It is also inconsistent with her comment at the hearing on the motion for rehearing, that she did not feel claimant’s testimony was competent substantial evidence regarding how far he drove his employer’s truck each day.

The $10 increase in the average weekly wage is REVERSED. Otherwise, the order is AFFIRMED.

BOOTH, WIGGINTON and BARFIELD, JJ., concur.

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Bluebook (online)

581 So. 2d 1011, 1991 Fla. App. LEXIS 7399, 1991 WL 133503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hornsby-v-lance-construction-fladistctapp-1991.