RINKER MATERIALS CORPORATION AND CRAWFORD AND COMPANY, APPELLANTS,
v.
RUBEN RODRIGUEZ, APPELLEE
RINKER MATERIALS CORPORATION AND CRAWFORD AND COMPANY, APPELLANTS,
RUBEN RODRIGUEZ, APPELLEE
701 So. 2d 674
Florida District Court of Appeal, First District (1997)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The threshold question in this case is whether a claim for benefits was filed with the Division of Workers’ Compensation before the statute of limitations ran. Surprisingly, the judge of compensation claims found that Mr. Rodriguez’ attorney had timely filed a claim for benefits. It is not at all clear that such a claim was ever filed with the Division, and the record contains not a shred of evidence that anybody filed a claim for benefits for Mr. Rodriguez within the time allowed.
Reversed.
BARFIELD, C.J., and ERVIN and BENTON, JJ., concur.
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Masiello v. Moore, 739 So. 2d 1196 (Fla. 1st DCA 1999)…r, as appellant correctly points out, the petitions should not have been dismissed without affording him an opportunity either to correct the deficiencies in his original submissions- or to pay the filing fees. Marquart v. Florida Parole Commission, 701 So. 2d 674 (Fla. 1st DCA 1997). Accordingly, we reverse, and remand with directions that appellant be afforded such an opportunity. AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions. KAHN, WEBSTER and VAN NORTWICK, JJ., CONCUR.…
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Tooma v. Moore, 743 So. 2d 1189 (Fla. 1st DCA 1999)…and succinctly held, it is an abuse of discretion to dismiss a petition for failing to comply with the requirements of section 57.085 without first affording to the party an opportunity to correct the deficiencies. Marquart v. Florida Parole Comm’n, 701 So. 2d 674 (Fla. 1st DCA 1997); Masiello v. Moore, 739 So. 2d 1196 (Fla. 1st DCA 1999). Accordingly, the trial court’s order of dismissal is REVERSED and the matter REMANDED to allow Appellant an opportunity to correct the deficiencies in his original submis…
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Ondina Williams v. Fla. Parole Comm'n, 801 So. 2d 292 (Fla. 1st DCA 2001)…5 without first affording to the party an opportunity to correct the deficiencies.”); see also Bandy v. Sheffield, 751 So. 2d 164, 164 (Fla. 1st DCA 2000); Masiello v. Moore, 739 So. 2d 1196, 1196 (Fla. 1st DCA 1999); Marquart v. Fla. Parole Comm’n, 701 So. 2d 674, 675 (Fla. 1st DCA 1997). ALLEN, C.J., BOOTH and BENTON, JJ., Concur.…
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