JUNE DAVIS, APPELLANT,
v.
MELISSA HUNT, APPELLEE
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MILLS, Judge.
Davis seeks review of an order of the deputy commissioner finding an employer/employee relationship between her and Hunt and finding that Hunt had sustained an accident arising out of and in the course of her employment. However, the order determined the issue of compensability only, and the deputy commissioner reserved jurisdiction to determine the amount of benefits owing.
Hunt has filed a motion to dismiss this appeal because of Davis’ failure to post bond as required by Section 440.25(4)(c), Florida Statutes (1981). We decline to reach the question presented by Hunt’s motion because the order appealed from is nonfinal, and we are thus without jurisdiction. State, Department of Health and Rehabilitative Services v. Waters, 416 So. 2d 903 (Fla. 1st DCA 1982). Accordingly, this appeal is dismissed on the Court’s motion, without prejudice to appeal in the event of a final order awarding benefits.
BOOTH and SHIVERS, JJ., concur.
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City OF Tampa v. Fein, 438 So. 2d 442 (Fla. 1st DCA 1983)…also note that though the order finding bad faith was entered on July 29, 1982, the amount of the fee was not set at that time. Orders deciding the issue of compensability only without awarding benefits are nonfinal and nonappealable. Davis v. Hunt, 432 So. 2d 650 (Fla. 1st DCA 1983) [8 FLW 1484]. For the same reason, the order relating to the issue of attorney’s fees did not become final until the amount of the fee was set on December 1, 1982. The notice of appeal filed on August 4,1982 was thus premature. T…
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Indus. Steel & CNA Ins. Grp. v. Robinson, 444 So. 2d 1117 (Fla. 1st DCA 1984)…which are ripe for determination it is interlocutory and not reviewable by appeal. Southern Wine & Spirits, Inc. v. Hernandez, 442 So. 2d 1061 (Fla. 1st DCA 1983); Sheffield Steel Products v. Tripp, 433 So. 2d 46 (Fla. 1st DCA 1983); Davis v. Hunt, 432 So. 2d 650 (Fla. 1st DCA 1983); La Croix Construction Co. v. Bush, 431 So. 2d 712 (Fla. 1st DCA 1983); Town of Palm Beach v. Watts, 426 So. 2d 1312 (Fla. 1st DCA 1982); Crown Hotel v. Friedman, 420 So. 2d 418 (Fla. 1st DCA 1982); Mills Electrical Contractors v…
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Venice Hosp. & All Risk Corp. of Fla. v. Nelson, 445 So. 2d 621 (Fla. 1st DCA 1984)…es in controversy and is therefore an interlocutory order not reviewable by appeal. Southern Wine & Spirits, Inc. v. Hernandez, 442 So. 2d 1061 (Fla. 1st DCA 1983); Sheffield Steel Products v. Tripp, 433 So. 2d 46 (Fla. 1st DCA 1983); Davis v. Hunt, 432 So. 2d 650 (Fla. 1st DCA 1983); La Croix Construction Co. v. Bush, 431 So. 2d 712 (Fla. 1st DCA 1983); Town of Palm Beach v. Watts, 426 So. 2d 1312 (Fla. 1st DCA 1982); Crown Hotel v. Friedman, 420 So. 2d 418 (Fla. 1st DCA 1982); Mills Electrical Contractors v…
Authorities Cited
- State v. Waters, 416 So. 2d 903 (Fla. 1st DCA 1982)
- Osceola Cnty. Comm'rs & U. S. Fid. & Guar. Co. v. Enos Thomas, 416 So. 2d 903 (Fla. 1st DCA 1982)