Legal Opinion · Concurring in part, dissenting in part

Freeman v. IMC-Agrico Co.

District Court of Appeal of Florida

Decided August 5, 1996No. 95-1523Published

1Concurring in part, dissenting in partKahn, Judge

I agree with the majority that the specific listed portions of certain of the findings below are unsupported by the record. However, a JCC’s partial reliance on factual information not placed in the record constitutes harmless error where other competent substantial evidence contained in the record supports the conclusions. See Scott v. Bisanti Services, Inc., 634 So.2d 292 (Fla. 1st DCA 1994) (JCC’s reliance, in part, on deposition not introduced into evidence was harmless error where other competent substantial evidence in the record supported the findings); Compton & Associates, P.A. v.…

2Cases cited3 opinions

  1. Scott v. Bisanti Services, Inc.District Court of Appeal of Florida · 1994
  2. Stacy v. Venice Isles Mobile Home ParkDistrict Court of Appeal of Florida · 1994
  3. Compton & Associates, P.A. v. WilkersonDistrict Court of Appeal of Florida · 1991

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