Legal Opinion · Dissent

Salinas v. C.A.T. Concrete, LLC

District Court of Appeal of Florida

Decided May 21, 2010No. 1D09-4208Published

1DissentKahn, J.

Because I conclude that the majority decision here, although entered in the utmost good faith, portends a trend that would upset decades of settled Florida law concerning the ability of parties to litigation to control issues presented, I respectfully dissent. This workers’ compensation matter does not turn upon any application of our decision in Fast Tract Framing, Inc. v. Caraballo, 994 So.2d 355 (Fla. 1st DCA 2008). Instead, the case should be resolved by resort to basic tenets of due process and settled Florida law.

PROCEDURAL BACKGROUND

In a pre-trial stipulation duly filed with the Judge…

2Cases cited20 opinions

  1. Gunn Plumbing, Inc. v. Dania BankSupreme Court of Florida · 1971
  2. Esch v. ForsterSupreme Court of Florida · 1936
  3. Davis v. StateSupreme Court of Florida · 1988
  4. Lotspeich Co. v. Neogard Corp.District Court of Appeal of Florida · 1982
  5. Commercial Carrier Corp. v. LaPointeDistrict Court of Appeal of Florida · 1999

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