JAMES ROSE, APPELLANT,
v.
NORTH AMERICAN VAN LINES AND REM, APPELLEES

Fla. 1st DCA | 2001-08-27
No. 1D00-1196
ERVIN, KAHN and POLSTON, JJ., concur.
794 So. 2d 680 Florida District Court of Appeal, First District (2001)

Opinion of the Court
PER CURIAM.

PER CURIAM.

The judge of compensation claims dismissed appellant’s petition to set aside a washout settlement, finding that the petition was not legally sufficient to justify an evidentiary hearing. We conclude that the petition made allegations sufficient to at least warrant such a hearing. See Steele v. A.D.H. Bldg. Contractors, Inc., 174 So. 2d 16 (Fla.1965); State v. Florida Indus. Comm’n, 151 So. 2d 636 (Fla.1963); Gilliland v. Wood ‘N You, 626 So. 2d 309 (Fla. 1st DCA 1993); Smith v. Rose Auto Stores, 596 So. 2d 809 (Fla. 1st DCA 1992); Cordell v. Pittman Bldg. Supply, 470 So. 2d 865 (Fla. 1st DCA 1985); D'Amico v. Marina Inn & Yacht Harbor, Inc., 444 So. 2d 1038 (Fla. 1st DCA 1984); Morgan Yacht Corp./Beatrice Foods v. Edwards, 386 So. 2d 883 (Fla. 1st DCA 1980); East v. Pensacola Tractor & Equip. Co., Inc., 384 So. 2d 156 (Fla. 1st DCA 1980). Accordingly, the order on appeal is REVERSED and REMANDED for further proceedings.

ERVIN, KAHN and POLSTON, JJ., concur.


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