NFL Europa v. Charles

46 So. 3d 1194 (Fla. Dist. Ct. App. 2010) · District Court of Appeal of Florida, First District · November 5, 2010

Summary

The Florida First District Court of Appeal dismissed an appeal for lack of jurisdiction because the challenged workers’ compensation order was neither final nor an appealable non-final order. The order only tolled the statute of limitations for a possible knee replacement claim and did not resolve the claimant’s entitlement to that substantive benefit.

Holdings

  1. An order that neither awards nor denies the substantive workers' compensation benefit and expressly leaves the claimant's entitlement to that benefit unresolved is not a final order.
  2. The order was not an appealable nonfinal order because it was not among the nonfinal orders specifically referenced in Florida Rule of Appellate Procedure 9.180(b)(1)(A)-(C).

Questions Presented

  1. Whether the order tolling the statute of limitations for a potential knee replacement surgery claim was a final order subject to appellate review.
  2. Whether the order was an appealable nonfinal order under Florida Rule of Appellate Procedure 9.180(b)(1)(A)-(C).

Disposition

dismissed

Cases Cited (3)

  • Augustin v. Blount, Inc., 573 So. 2d 104, 105 (Fla. 1st DCA 1991)(followed)
  • Town of Palm Beach v. Watts, 426 So. 2d 1312, 1313 (Fla. 1st DCA 1982)(followed)
  • Mahoney v. Sears, Roebuck & Co., 438 So. 2d 174 (Fla. 1st DCA 1983)(distinguished)

Cited In (0)

No citing cases on record yet.

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