ROGER VENNE, APPELLANT,
v.
JACK KLEUVER AND JOHN PATTERSON, APPELLEES
SCHWARTZ, Chief Judge.
The trial judge denied the claimant-appellant’s rule nisi application under Section 440.24(1), Fla.Stat. (1981), for enforcement of a worker’s compensation award regularly entered against the defendant-appellees on the ground that the award was substantively incorrect. It is clearly-established, however, that the employer’s only remedy in such a situation is by appeal,1 Martinique Hotel, Inc. v. Kasner, 153 So. 2d 68 (Fla. 3d DCA 1963), cert. denied, 155 So. 2d 697 (Fla. 1963), and that the circuit court has no authority in a rule nisi proceeding to consider the merits of the underlying compensation order or, indeed, to do anything but require its enforcement when, as here, it is in full force and effect. Lillard v. City of Miami, 220 So. 2d 413 (Fla. 3d DCA 1969); Phoenix Assurance Co. of New York v. Merritt, 160 So. 2d 552 (Fla. 2d DCA 1963), cert. denied, 168 So. 2d 147 (Fla.1964). The order under review is therefore reversed and the cause remanded with directions to grant the plaintiff the relief sought in the petition.
Reversed.
. An appeal was in fact taken, but was dismissed on procedural grounds by the first district court of appeal. Kluever v. Verme, Case no. AM-126 (July 26, 1982).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Marion Corr. Inst. v. Kriegel, 522 So. 2d 45 (Fla. 5th DCA 1988)…authority in a rule nisi proceeding under section 440.24(1) to consider the merits of the underlying compensation order, or to do anything other than require its enforcement when it remains in full force and effect and unsatisfied. Benne v. Kleuver, 435 So. 2d 350 (Fla. 3d DCA 1983); Lillard v. City of Miami, 220 So. 2d 413 (Fla. 3d DCA 1969). It is also clearly the law that the defense of lack of jurisdiction of the subject matter may be raised at any time. Jurisdiction of a tribunal’s subject matter cannot…
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Amparo Alvarez v. Kendall Assocs. & Cont'l Ins. Co., 590 So. 2d 518 (Fla. 3d DCA 1991)…r is still in full force and effect, and if so, to enforce its provisions. Marion Correctional Institution, Florida Department of Corrections v. Kriegel, 522 So. 2d 45 (Fla. 5th DCA 1988), review denied, 531 So. 2d 1354 (Fla.1988); Venne v. Kleuver, 435 So. 2d 350 (Fla. 3d DCA 1983), review denied, 443 So. 2d 979 (Fla.1984); Lillard v. City of Miami, 220 So. 2d 413 (Fla. 3d DCA 1969); Phoenix Assurance Company of New York v. Merritt, 160 So. 2d 552 (Fla. 2d DCA 1963), cert. denied, 168 So. 2d 147 (Fla.1964).…
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Troy Desk Mfg. Co., Inc. v. Troy, 448 So. 2d 46 (Fla. 3d DCA 1984)…ty payments be made to the claimant during his lifetime, was in full force and effect at the time of the rule nisi application. Thus, the Circuit Court had jurisdiction and, indeed, was required to enforce the order as written, see Venne v. Kleuver, 435 So. 2d 350 (Fla. 3d DCA 1983); Lillard v. City of Miami, 220 So. 2d 413 (Fla. 3d DCA 1969); Phoenix Assurance Co. of New York v. Merritt, 160 So. 2d 552 (Fla. 2d DCA 1963), cert. denied, 168 So. 2d 147 (Fla.1964), notwithstanding the appellant-carrier’s conten…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Phoenix Assurance Co. OF NEW York v. Merritt, 160 So. 2d 552 (Fla. 2d DCA 1963)
- McPEEK v. Wainwright, 168 So. 2d 147 (Fla. 1964)
- Peel v. State, 168 So. 2d 147 (Fla. 1964)
- Ervin Dexter Lillard v. City OF Miami, 220 So. 2d 413 (Fla. 3d DCA 1969)
- Martinique Hotel, Inc. v. Fay Kasner, 153 So. 2d 68 (Fla. 3d DCA 1963)
- Malone v. Wainwright, 155 So. 2d 697 (Fla. 1963)
- State ex rel. Kelner v. Pearson, 155 So. 2d 697 (Fla. 1963)