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5 Florida opinions name it 1 courts 1983–1995 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
AREA ELEC. SERVICE, INC. v. Cunninghamgreen1 sentence1995See also Area Electric Service, Inc. v. Cunningham, 538 So.2d 471 (Fla. 1st DCA 1989). | 1 | 1 |
Doric Food Co. v. Allengreen1 sentence1983Martin Co., at 405, 406; see also Doric Food Co. v. Allen, 383 So.2d 316, 318 (Fla. 1st DCA 1980). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Martin Company v. Carpenter
green
2 sentences1993Martin, supra at 406 . 1990In concluding that appellants had failed to prove the requisite detrimental reliance, the judge stated in his order, "There is no evidence to prove that the employer would not have hired the claimant had the employer known that the claimant had a prior hernia condition." The successful assertion of the Martin v. Carpenter defense does not require proof that the claimant would not have been hired but for his misrepresentations. [1] In Martin v. Carpenter the Florida Supreme Court stated the basis for the rule as follows ( 132 So.2d at 406 ): We do not think the misrepresentations of an employee | 2 | 1990–1993 |
Kalbes v. Armour Indus. SEC. & Claims Ctr.
green
1 sentence1993Security & Claims Center, 483 So.2d 124 (Fla. 1st DCA 1986), this court held that the reliance element of a Martin v. Carpenter defense was met where the evidence supported an inference that the employer would not have hired the claimant had the employer been honestly informed of the claimant’s back condition, even where the employer’s witness did not expressly state that the employer would not have hired the claimant had he known of the claimant's back condition. 1 Consistent with the holding in Ralbes, supra, this court in Colonial Care ruled that evidence of the employer’s general hiring pr | 1 | 1993–1993 |
Colonial Care Nursing Home v. Norton
green
1 sentence1993In Colonial Care Nursing Home v. Norton, 566 So.2d 44 (Fla. 1st DCA 1990), this court held, however, that an employer does not have to prove that a claimant would not have been hired but for the misrepresentation regarding medical history in order to successfully assert a Martin v. Carpenter defense. | 1 | 1993–1993 |
Tolvanen v. Eastern Air Lines
green
1 sentence1990That ruling has not been challenged. [2] Compare Tolvanen v. Eastern Air Lines, 287 So.2d 299 (Fla. 1973), finding in a case where MMI did not intervene that the bar to apportionment in Section 440.02(19), Florida Statutes (1969), did not prevent equal allocation between carriers of temporary disability compensation. | 1 | 1990–1990 |