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
- 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.
- 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
- Whether the order tolling the statute of limitations for a potential knee replacement surgery claim was a final order subject to appellate review.
- 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.
Court Document
Open PDFLoading document…