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Marley Roof Tiles v. Smarr

District Court of Appeal of Florida, First District
Apr 26, 1996
672 So. 2d 633 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-1714.

April 26, 1996.

An appeal from Order of the Judge of Compensation Claims; Ann L. Robbins, Judge.

Joseph P. Ludovici and Kimberly A. Staffa of Fox, Grove, Abbey, Adams, Reynolds, Byelick Kiernan, St. Petersburg, for Appellants.

Ann O'Hern of Williams, Brasfield, Wertz, Fuller, Goldman, Freeman Lovell, P.A., St. Petersburg, for Appellee.


In this workers' compensation case there was an undue delay between the final hearing and entry of the appealed order. Because it cannot be ascertained from the order whether the judge could clearly recall all pertinent aspects of the hearing, and the credibility and testimony of live witnesses was of critical importance, the appealed order is reversed and the case remanded for a de novo hearing. See, e.g., Harrington v. Vida Appliance Corp., 542 So.2d 1006 (Fla. 1st DCA 1988).

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


Summaries of

Marley Roof Tiles v. Smarr

District Court of Appeal of Florida, First District
Apr 26, 1996
672 So. 2d 633 (Fla. Dist. Ct. App. 1996)
Case details for

Marley Roof Tiles v. Smarr

Case Details

Full title:MARLEY ROOF TILES AND CNA INSURANCE COMPANY, APPELLANTS, v. BENNIE SMARR…

Court:District Court of Appeal of Florida, First District

Date published: Apr 26, 1996

Citations

672 So. 2d 633 (Fla. Dist. Ct. App. 1996)

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