LIBERTY MUTUAL INSURANCE COMPANY AND PROCESS SYSTEMS, INC., APPELLANTS,
v.
ELSIE PRATHER, APPELLEE
LIBERTY MUTUAL INSURANCE COMPANY AND PROCESS SYSTEMS, INC., APPELLANTS,
ELSIE PRATHER, APPELLEE
810 So. 2d 976
Florida District Court of Appeal, First District (2002)
Positive Treatment
Cited by 4 cases
Opinion of the Court
BARFIELD, J.
The order denying the employer/cam-er’s motion to dismiss under section 440.105(4)(b), Florida Statutes, on the ground that the Judge of Compensation Claims (JCC) lacked jurisdiction to apply section 440.09(4), Florida Statutes, to this worker’s compensation claim, is REVERSED and the case is REMANDED to the JCC for further proceedings in accordance with Russell Corp. v. Jacobs, 782 So. 2d 404 (Fla. 1st DCA), rev. denied, 791 So. 2d 1098 (Fla.2001).
BOOTH and PADOVANO, JJ., concur.
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Felton Ernest Epps v. State, 912 So. 2d 644 (Fla. 4th DCA 2005)…PER CURIAM. Affirmed. A defective notice of intent to habitualize is a procedural error which does not result in an illegal sentence which can be raised in a Florida Rule of Criminal Procedure 3.800(a) motion. Moore v. State, 810 So. 2d 976 (Fla. 4th DCA 2002); [*645] Hollis v. State, 763 So. 2d 1155 (Fla. 4th DCA 2000). WARNER, KLEIN and TAYLOR, JJ., concur.…
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Perry v. State, 824 So. 2d 255 (Fla. 4th DCA 2002)…PER CURIAM. Affirmed without prejudice to seek review in a legally sufficient, timely motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. See Moore v. State, 810 So. 2d 976 (Fla. 4th DCA 2002) (citing Hollis v. State, 763 So. 2d 1155 (Fla. 4th DCA 2000)) (explaining that a claim that the state did not give the defendant notice of its intent to seek a habitual offender sentence is not renewable under rule 3.800(a)). G…
Authorities Cited
- Russell Corp. & Gab Robins v. Jacobs, 782 So. 2d 404 (Fla. 1st DCA 2001)