MILLS ELECTRICAL CONTRACTORS AND OLD REPUBLIC INSURANCE COMPANY, APPELLANTS,

v.

RICHARD A. MARTHENS AND DIVISION OF WORKERS' COMPENSATION OF THE DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, APPELLEES

Fla. 1st DCA | 1982-06-28

No. AG-427

BOOTH, WENTWORTH and WIGGIN-TON, JJ., concur.

417 So. 2d 700 Florida District Court of Appeal, First District (1982) Positive Treatment

Cited by 36 cases

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Holding

This court lacks jurisdiction to review a non-final workers' compensation order that reserves jurisdiction for future issues.

Facts & Procedural History

The employer/carrier sought to appeal a deputy commissioner's order that decided only compensability without awarding benefits, reserving jurisdiction…

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Topics

Non-Final Order Review Appellate Courts Certiorari Jurisdiction Appellate Jurisdiction

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Opinion of the Court

PER CURIAM.

The employer/carrier seeks to appeal an order of the deputy commissioner which decides only the issue of compensability in claimant’s favor without an award of benefits and reserves jurisdiction for all other future issues that may arise. The record indicates that the issue of compensability, to which the parties by stipulation limited the scope of hearing, is not the only outstanding point in controversy. We conclude that we are without jurisdiction to review the order appealed.

Rule 9.030(b)(1)(B), Florida Rules of Appellate Procedure, currently provides that the District Courts of Appeal shall review by appeal non-final orders of circuit courts as prescribed by Rule 9.130(a)(3). Formerly, the rule permitted review by appeal of specified non-final orders of lower tribunals. The term “lower tribunals” was interpreted to include hearings conducted before a deputy commissioner. Fidelity & Casualty Company v. Scott, 386 So. 2d 315 (Fla. 1st DCA 1980). Since the aforementioned amendment to Rule 9.030(b)(1)(B), Florida Rules of Appellate Procedure, limits the applicability of Rule 9.130 to orders of circuit courts, this court is without jurisdiction to review by appeal non-final workers’ compensation orders.1 The Wash House v. Tucker, 413 So. 2d 813 (Fla. 1st DCA, 1982); General Electric Company v. Hawkins, 413 So. 2d 836 (Fla. 1st DCA, 1982).

Accordingly, the appeal is dismissed sua sponte without prejudice to review of the order in the event of an appeal from a final order awarding benefits.

BOOTH, WENTWORTH and WIGGIN-TON, JJ., concur. . Review of non-final workers’ compensation orders may now be sought by invoking this court’s certiorari jurisdiction. Rule 9.030(b)(2)(A), Florida Rules of Appellate Procedure; see United States Fidelity & Guaranty Company v. Sloan, 410 So. 2d 549 (Fla. 1st DCA 1982).

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Citator

Cited By (18 total)

Hines Elec. & Fla. Ins. Guar. Ass'n v. McCLURE, 616 So. 2d 132 (Fla. 1st DCA 1993)

…Prior to the adoption of amended Rule 4.160, there was no appellate jurisdiction to review nonfinal orders in workers’ compensation cases. Lockheed Space Operations v. Pham, 600 So. 2d 1261 (Fla. 1st DCA 1992); Mills Elec. Contractors v. Mar-thens, 417 So. 2d 700 (Fla. 1st DCA 1982), rev. denied, 429 So. 2d 6 (Fla.1983).6 Any order which did not resolve all issues ripe for adjudication was considered nonfinal and nonappealable. ESI v. Taylor, 588 So. 2d 1017 (Fla. 1st DCA 1991); American Boom & Barrier, Inc.…
City OF Miami v. Simpson, 496 So. 2d 899 (Fla. 1st DCA 1986)

…rning wage-loss in the decretal portion of the 1983 order, item 2, did not award specific benefits.2 Since there was no wage loss award, the dc’s discussion of wage-loss was non-final and non-appealable. See Mills Electrical Contractors v. Marthens, 417 So. 2d 700 (Fla. 1st DCA 1982) pet. for review denied, 429 So. 2d 6 (Fla.1983) (an order deciding the issue of compensability in favor of claimant but not awarding benefits); Sunny Pines Convalescent Center v. Walters, 422 So. 2d 1079 (Fla. 1st DCA 1982) (rese…
S. Wine & Spirits, Inc. v. Felipe Hernandez and the Division of Workers' Compensation, 442 So. 2d 1061 (Fla. 1st DCA 1983)

…order does not resolve all matured issues in controversy, and is therefore an interlocutory order not presently reviewable by appeal. See Sheffield Steel Products v. Tripp, 433 So. 2d 46 (Fla. 1st DCA 1983); Mills Electrical Contractors v. Marthens, 417 So. 2d 700 (Fla. 1st DCA 1982); Town of Palm Beach v. Watts, 426 So. 2d 1312 (Fla. 1st DCA 1983); The Wash House v. Tucker, 413 So. 2d 813 (Fla. 1st DCA 1982). The appeal is sua sponte dismissed. Such dismissal shall not preclude subsequent review upon appea…

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Authorities Cited

The Wash House & S.C. Ins. Co. v. Tucker, 413 So. 2d 813 (Fla. 1st DCA 1982)
United States Fid. & Guar. Co. v. Sloan, 410 So. 2d 549 (Fla. 1st DCA 1982)
Cavanaugh v. State, 386 So. 2d 315 (Fla. 2d DCA 1980)
Gen. Elec. Co. & Elec. Mut. Liab. Ins. Co. v. Hawkins, 413 So. 2d 836 (Fla. 1st DCA 1982)
Cast Crete Corp. & R. P. Hewitt & Assocs. v. Turner, 413 So. 2d 836 (Fla. 1st DCA 1982)

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