MAX E. SKINNER, APPELLANT,
v.
BURNUP & SIMS AND CRAWFORD & COMPANY, APPELLEES

Fla. 1st DCA | 1982-12-06
No. AL-34
ERVIN, LARRY G. SMITH and SHIVERS, JJ., concur.
422 So. 2d 1076 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

This court, sua sponte, dismisses Claimant’s Application for Review finding that the Order entered by the Deputy Commissioner on March 15, 1982 is not a final appealable order. That Order simply vacated a prior non-final order which had determined the Claimant’s average weekly wage based on the stipulation of the parties and reset the case for hearing for purposes of receiving additional evidence as to Claimant’s average weekly wage. As a result, we determine the order is not final and appeal-able. See, Mills Electrical Contractors v. Marthens, et al., 417 So. 2d 700 (Fla. 1st DCA 1982); The Wash House v. Tucker, 413 So. 2d 813 (Fla. 1st DCA 1982); General Electric Co. v. Hawkins, 413 So. 2d 836 (Fla. 1st DCA 1982); Halphen v. Western Contracting Corp., 389 So. 2d 1254 (Fla. 1st DCA 1980).

ERVIN, LARRY G. SMITH and SHIVERS, JJ., concur.


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  • Burnup & Sims, Inc. v. Skinner, 450 So. 2d 1167 (Fla. 1st DCA 1984)
    …, and awarded wage loss benefits. On December 6, 1982, this court dismissed the appeal which had been pending when the deputy awarded the wage loss on the ground that the appealed order was nonfinal and nonappealable. Burnup & Sims, Inc. v. Skinner, 422 So. 2d 1076 (Fla. 1st DCA 1982). On June 29, 1983, the deputy entered an order reinstating the order which had resulted in the dismissal, amending the average weekly wage to reflect the amount of $430.74: The claimant argued that the stipulated minimum figure…

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