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1995
2010
2026
Top citers, strongest first. 15 distinct citers.
discussed
Cited as authority (verbatim quote)
Leslie G. Greenwood v. Drew A. Greenwood
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.
discussed
Cited as authority (verbatim quote)
Andre P. Malek v. Marie Malek
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.
discussed
Cited as authority (verbatim quote)
Luis Duran v. Rommy Duran
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.
discussed
Cited as authority (verbatim quote)
5350 Park, LLC, etc. v. Grycon, LLC, etc.
ase 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.
discussed
Cited as authority (verbatim quote)
Griffin Industries, LLC v. Dixie Southland Corporation
ase 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.
discussed
Cited as authority (verbatim quote)
Lahodik v. Lahodik
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.
discussed
Cited as authority (verbatim quote)
European Marble Co. v. Robinson
ruling which is supported by competent substantial evidence will be upheld even though there may be some persuasive evidence to the contrary.
discussed
Cited as authority (verbatim quote)
Service Management Systems v. Hood
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
discussed
Cited as authority (rule)
Karma Thornton and Connie Thornton v. American Family Life Assurance Company etc.
See Jeffries v. Jeffries, 133 So.3d 1243 (Fla. 1st DCA 2014); Florida Mining & Materials v. Mobley, 649 So.2d 934, 934 (Fla. 1st DCA 1995) (”[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.”).
discussed
Cited as authority (rule)
Petty v. Florida Insurance Guaranty Ass'n
Ass’n v. Gustinger, 390 So.2d 420, 421 (Fla. 3d DCA 1980) (stating that a section 440.34 attorney’s fee award was a covered claim ”[s]ince the workmen’s compensation policy issued by [the carrier] to [the employer] obviously insured against the employer’s responsibility to pay the claimant’s attorney’s fees”); Dilme v. SBP Service, Inc., 649 So.2d 934, 935 (Fla. 1st DCA 1995) (holding a section 440.34 fee award to be within the coverage of the employer’s workers' compensation insurance policy); What An Idea, Inc. v. Sitko, 505 So.2d 497, 504-05 (Fla. 1st DCA 1987) (same).
discussed
Cited as authority (rule)
Singletary v. Yoder's and Ameritrust Ins. Corp.
On appeal, we are compelled to affirm so long as that "ruling ... is supported by competent substantial evidence... even though there may be some persuasive evidence to the contrary." Fla. Mining & Materials v. Mobley, 649 So.2d 934, 934 (Fla. 1st DCA 1995).
discussed
Cited as authority (rule)
Chavarria v. Selugal Clothing, Inc.
For instance, in Florida Mining & Materials v. Mobley, 649 So.2d 934, 934 (Fla. 1st DCA 1995), we rejected a request by the appellant that this court undertake an independent review of medical evidence *1081 presented by deposition, and thereby disagree with the JCC's conclusion: [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.
discussed
Cited "see"
Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management
See Fla. Min-Min& Materials v. Mobley, 649 So.2d 934, 934 (Fla. 1st DCA 1995) (rejecting argu-arguthat this court should undertake an independent review of the medical evi-evibecause “the case may not be re-reon appeal, and a ruling which is supported by competent substantial evi-eviwill be upheld even though there may be some persuasive evidence to the contrary.”).
discussed
Cited "see"
Pinnacle Benefits, Inc. v. Alby
See Fla. Mining & Materials v. Mobley, 649 So.2d 934 (Fla. 1st DCA 1995). *758 Second, E/C argue that the JCC erred in accepting the opinions of the expert medical advisor (EMA), Dr. Mikolajczak, over the opinions of the authorized treating physicians.
cited
Cited "see"
IMC Phosphates Co. v. Prater
See Fla. Mining & Materials v. Mobley, 649 So.2d 934 (Fla. 1st DCA 1995).
FLORIDA MINING & MATERIALS, Appellant,
v.
Michael MOBLEY, Appellee.
v.
Michael MOBLEY, Appellee.
94-2114.
District Court of Appeal of Florida, First District.
Feb 9, 1995.
William E. Curphey, Mary Ann Stiles and Debra M. Metzler of Stiles, Taylor & Metzler, P.A., Tampa, for appellant.
Lawrence H. Samaha, Tampa, for appellee.
PER CURIAM.
The 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.
BARFIELD, ALLEN and KAHN, JJ., concur.