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649 So. 2d 934

Docket No. 94-2114.

Florida Mining & Materials v. Mobley

FLORIDA MINING & MATERIALS, Appellant, v. Michael MOBLEY, Appellee.

District Court of Appeal of Florida

Decided February 9, 1995.

District Court of Appeal of Florida · decided 1995-02-09

Key passage — most relied on by later courts

“... [T]he case may not be retried on appeal, and a ruling which is supported by competent substantial evidence will be upheld even though there may be some persuasive evidence to the contrary. Swanigan v. Dobbs House, 442 So.2d 1026 (Fla. 1st DCA 1983); Gomez v. Jack Steinberg Neckwear, 424 So.2d 106 (Fla. 1st DCA 1982); see also GTE v. Miller, 642 So.2d 1188 (Fla. 1st DCA 1994). The resolution of such conflicts is within the fact-finding authority of the judge of compensation claims. Jefferson Stores v. Rosenfeld, 386 So.2d 865 (Fla. 1st DCA 1980).”

quoted by 4 later decisions, including Singletary v. Yoder's and Ameritrust Ins. Corp., 969 So. 2d 533 - Lahodik v. Lahodik

Relies on 442 So. 2d 1026 - Swanigan v. Dobbs House · 386 So. 2d 865 - Jefferson Stores, Inc. v. Rosenfeld · Cili v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-02-09

How this case has been cited

Cited by 18 later decisions — most recently September 2017

18 state decisions

70199520002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1William E. Curphey, Mary Ann Stiles and Debra M. Metzler of Stiles, Taylor & Metzler, P.A., Tampa, for appellant.

¶2Lawrence H. Samaha, Tampa, for appellee.

¶3PER CURIAM.

¶4The employer appeals a workers' compensation order, asking this court to undertake an independent review of medical evidence presented by deposition. The appellate court is not disadvantaged in assessing the probative value of depositions, as opposed to live testimony. Sabre Marine v. Feliciano,461 So.2d 985 (Fla. 1st DCA 1984); Kelly v. Florida Atlantic Univ.,413 So.2d 833 (Fla. 1st DCA 1982). But the case may not be retried on appeal, and a ruling which is supported by competent substantial evidence will be upheld even though there may be some persuasive evidence to the contrary. Swanigan v. Dobbs House,442 So.2d 1026 (Fla. 1st DCA 1983); Gomez v. Jack Steinberg Neckwear,424 So.2d 106 (Fla. 1st DCA 1982); see also GTE v. Miller,642 So.2d 1188 (Fla. 1st DCA 1994). The resolution of such conflicts is within the fact-finding authority of the judge of compensation claims. Jefferson Stores v. Rosenfeld,386 So.2d 865 (Fla. 1st DCA 1980). Because the challenged ruling in the present case is supported by competent substantial evidence, the order is affirmed.

¶5BARFIELD, ALLEN and KAHN, JJ., concur.

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