SUNTREE UNITED METHODIST CHURCH AND PROTEGRITY SERVICES, APPELLANTS,
v.
BRETA COWELL, APPELLEE

Fla. 1st DCA | 2001-08-01
No. 1D00-2839
ERVIN and BENTON, JJ., CONCUR.
793 So. 2d 1063 Florida District Court of Appeal, First District (2001) Positive Treatment
Cited by 6 cases


Opinion of the Court
WEBSTER, J.

WEBSTER, J.

In this workers’ compensation case, we construe the “treatment” authorized in the order entered by the judge of compensation claims as intended to be limited to treatment necessarily related to the diagnostic evaluations authorized. See Gulf Life Ins. Co. v. Gennell, 666 So. 2d 1017, 1018 (Fla. 1st DCA 1996) (treatment may not be authorized for a condition before it is determined that the condition is causally related to the industrial accident). As so construed, the order authorizing diagnostic evaluations is affirmed. Because the judge of compensation claims determined that claimant was entitled to a reasonable attorney fee, but reserved jurisdiction to determine the amount, we lack jurisdiction to consider the propriety of that portion of the order. See Dep’t of Children & Families v. Monroe, 744 So. 2d 1163, 1164 (Fla. 1st DCA 1999) (an order that merely determines entitlement to attorney fees, without setting an amount, is non-final and non-appealable).

AFFIRMED.

ERVIN and BENTON, JJ., CONCUR.


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  • City OF Lauderhill v. Rhames, 864 So. 2d 432 (Fla. 4th DCA 2003)
    …the light most favorable to the non-moving parly, support the movant’s case as a matter of law and there is no evidence to rebut it.” S. Fla. Water Mgmt. Dist. v. Daiagi, 824 So. 2d 216, 217 (Fla. 4th DCA 2002) (emphasis added); Knowles v. Hennelly, 793 So. 2d 1063, 1065 (Fla. 4th DCA 2001) ("[A] motion for directed verdict should only be granted where, viewed in the light most favorable to the non-moving party, 'there is no evidence upon which a jury could properly rely in finding for the plaintiff.' ") (quot…
  • Jallali v. Nova Se. Univ., Inc., 992 So. 2d 338 (Fla. 4th DCA 2008)
    …idence and all [*342] inferences from it, considered in the light most favorable to the plaintiff, would justify a finding for the defendant. See, e.g., City of Lauderhill v. Rhames, 864 So. 2d 432, 434 n. 1 (Fla. 4th DCA 2003); Knowles v. Hennelly, 793 So. 2d 1063, 1065 (Fla. 4th DCA 2001). On appeal, a trial court’s ruling on a motion for directed verdict is reviewed de novo. Flagstar Cos., Inc. v. Cole-Ehlinger, 909 So. 2d 320, 322 (Fla. 4th DCA 2005). Nova’s legal relationship with Jallali was “solely con…
  • …PER CURIAM. In this workers’ compensation case, we affirm the final order entered on June 4, 2002. The appeal from the order awarding attorney’s fees is premature. See Suntree United, Methodist Church v. Cowell, 793 So. 2d 1063, 1063 (Fla. 1st DCA 2001) (“Because the judge of compensation claims determined that claimant was entitled to a reasonable attorney fee, but reserved jurisdiction to determine the amount, we lack jurisdiction to consider the propriety of that portio…

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