EDUARDO GARCIA, APPELLANT,
v.
NEW INDUSTRIAL TECHNIQUES AND CRAWFORD & COMPANY, APPELLEES
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PER CURIAM.
The appealed order dismissed a claim, filed after January 1, 1994, for failure to exhaust the procedures for informal dispute resolution, as required by section 440.191(2)(a), Florida Statutes, and for failure to comply with the pleading requirements of section 440.192, Florida Statutes. We conclude that such an order does not fall within the class of non-final orders for which review is authorized pursuant to Florida Rule of Workers’ Compensation Procedure 4.160. In addition, because the dismissal was without prejudice, and the claimant could seek the same benefits upon compliance with the statutory requirements, the order is not a final and appealable order. See Augustin v. Blount, Inc., 573 So. 2d 104 (Fla. 1st DCA 1991). Accordingly, appellees’ motion to dismiss is granted, and the appeal is dismissed for lack of jurisdiction.
ERVIN, KAHN and VAN NORTWICK, JJ., concur.
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Zito v. Jeff Harding, Inc., 870 So. 2d 964 (Fla. 1st DCA 2004)…dismissing his petition for benefits, without prejudice, based on his failure to comply with certain statutory pleading requirements. We dismiss the appeal as being taken from a nonfinal, nonappealable order. See Garcia v. New Industrial Techniques, 678 So. 2d 467 (Fla. 1st DCA 1996); see also Augustin v. Blount, Inc., 573 So. 2d 104 (Fla. 1st DCA 1991). We have considered appellant’s request to treat this proceeding as seeking extraordinary writ relief, but deny that request. Appellant has failed to demonstr…
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Bocelli v. Sw. Fla. Invs. & Broadspire, 37 So. 3d 964 (Fla. 1st DCA 2010)…ppellant’s response to this court’s April 1, 2010, order to show cause, and Appellees’ reply thereto, we conclude the order being appealed is a non-appealable, non-final order. See Fla. R.App. P. 9.180(b)(1); Garcia v. New In [*965] dus. Techniques, 678 So. 2d 467, 468 (Fla. 1st DCA 1996). Accordingly, the appeal is DISMISSED for lack of jurisdiction. DAVIS and CLARK, JJ., concur. WETHERELL, J., specially concurring.…
Authorities Cited
- Delouis Augustin v. Blount, Inc., 573 So. 2d 104 (Fla. 1st DCA 1991)