LAKE WALES CITRUS GROWERS ASSOCIATION AND SELF-INSURED SERVICES, INC., APPELLANTS,
v.
BILLY J. GREEN, APPELLEE
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PER CURIAM.
This is an appeal from a non-final order in a worker’s compensation proceeding in which the deputy commissioner ordered that certain medical reports be admitted into evidence, although the parties have not stipulated to their admission, nor had any hearing been held with respect to the same. The same order also cancelled a scheduled hearing in order to allow any party to take depositions if desired.
Sua sponte, we dismiss this appeal since it is an appeal from an interim order which is not reviewable by interlocutory appeal. Rule 9.130(a)(3), Florida Rules of Appellate Procedure, does not provide for appeal of such an order. See Sunland Development Center at Fort Myers v. Euans, 392 So. 2d 300 (Fla. 1st DCA 1980); Fidelity & Casualty Company of New York v. Scott, 386 So. 2d 315 (Fla. 1st DCA 1980).
MILLS, ERVIN and LARRY G. SMITH, JJ., concur.
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Bennie Lee Walker v. State, 442 So. 2d 977 (Fla. 1st DCA 1983)…th who authored Polk recognizes this distinction because she authored the decision in Gilvin v. State, 429 So. 2d 1355 (Fla. 1st DCA 1983), and joined in similar decisions in Lepper v. State, 431 So. 2d 295 (Fla. 1st DCA 1983); and Johnson v. State, 403 So. 2d 1148 (Fla. 1st DCA 1981), all adhering to the Sawyer decision. The Gilvin, Lepper and Rinehart decisions were written after the Polk decision. Nor does Pugh v. State, supra, conflict with this case. Judge Wigginton stated in Pugh: [T]he record is insuf…
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Rinehart v. State, 427 So. 2d 1064 (Fla. 1st DCA 1983)…sed without prejudice for appellant to raise the issue by motion pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Sawyer v. State, 401 So. 2d 939 (Fla. 1st DCA 1981); Canty v. State, 402 So. 2d 1232 (Fla. 5th DCA 1981); Johnson v. State, 403 So. 2d 1148 (Fla. 1st DCA 1981); McFadden v. State, 423 So. 2d 456 (Fla. 4th DCA 1982). Cf., Pedroso v. State, 420 So. 2d 908 (Fla. 2d DCA 1982). BOOTH, WIGGINTON and NIMMONS, JJ., concur.…
Authorities Cited
- Cavanaugh v. State, 386 So. 2d 315 (Fla. 2d DCA 1980)
- Sunland Dev. Ctr. AT Fort Myers v. Euans, 392 So. 2d 300 (Fla. 1st DCA 1980)