Opinion
No. 37062.
February 28, 1968. On Rehearing May 22, 1968.
Writ of Certiorari to the Florida Industrial Commission.
J. Mason Wines, of Stanley, Durrance, Woods Wines, Lakeland, for petitioner.
V. Patton Kee, Lakeland, Patrick H. Mears, Tallahassee, and J. Franklin Garner, Lakeland, for respondents.
By petition for a writ of certiorari we have for review an order of the Florida Industrial Commission bearing date November 30, 1967.
We find that oral argument would serve no useful purpose and it is therefore dispensed with pursuant to Florida Appellate Rule 3.10, subd. e, 32 F.S.A.
Our consideration of the petition, the record and briefs leads us to conclude that there has been no deviation from the essential requirements of law.
The petition is therefore denied.
The petition for attorney's fee filed by Petitioner is also denied.
CALDWELL, C.J., and ROBERTS, ERVIN and ADAMS, JJ., concur.
DREW, J., dissents with opinion.
ON REHEARING GRANTED
After oral argument on rehearing granted, we adhere to our order of February 28, 1968 denying the petition for writ of certiorari.
It is so ordered.
CALDWELL, C.J., ROBERTS, ERVIN and ADAMS, JJ., and SPECTOR, District Court Judge, concur.
I would have argument. Deputy's order is erroneous as a matter of law because he overlooks statutory definition of accident as including (since Bonnie Gray) "sudden or unexpected result."