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Reynolds v. Florida Mobile Homes, Inc.

Supreme Court of Florida
Mar 1, 1967
195 So. 2d 561 (Fla. 1967)

Opinion

No. 35490.

December 7, 1966. On Rehearing March 1, 1967.

Writ of Certiorari to the Florida Industrial Commission.

Robinson Randle, Jacksonville, for petitioner.

Mathews, Osborne Ehrlich, Jacksonville, 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 April 26, 1966.

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, 31 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 motion of petitioner for attorney's fees in this Court is denied.

It is so ordered.

THORNAL, C.J., and THOMAS, ROBERTS, DREW and O'CONNELL, JJ., concur.


ON REHEARING GRANTED


The petition for writ of certiorari in this cause controverts an order of the commission vacating in part the deputy's award for nursing services and attorney's fees.

Upon reconsideration of the issues presented by the petition, the former order of this Court herein is withdrawn. We conclude that the cause should be relinquished temporarily to the commission for the entry of an amended or supplemental order on the issue of the propriety of the deputy's finding on both fact and law that the compensation act authorizes recovery for nursing services in this case as one where "the nature of the injury required such treatment, nursing and services and the employer * * * having knowledge of such injury * * * neglected to provide the same." F.S. Sec. 440.13, F.S.A. Disposition of the proceeding in this Court will accordingly be suspended pending the entry of such order by the commission.

It is so ordered.

THORNAL, C.J., and DREW, O'CONNELL, CALDWELL and ERVIN, JJ., concur.


Summaries of

Reynolds v. Florida Mobile Homes, Inc.

Supreme Court of Florida
Mar 1, 1967
195 So. 2d 561 (Fla. 1967)
Case details for

Reynolds v. Florida Mobile Homes, Inc.

Case Details

Full title:JOHN T. REYNOLDS, PETITIONER, v. FLORIDA MOBILE HOMES, INC., ET AL.…

Court:Supreme Court of Florida

Date published: Mar 1, 1967

Citations

195 So. 2d 561 (Fla. 1967)