ROSI VIANA, PETITIONER,
v.
JACKSON MEMORIAL HOSPITAL AND MIAMI-DADE RISK MANAGEMENT, RESPONDENTS
Explore caselaw by topic → Browse Motion For Rehearing cases and more on FLexlaw
PER CURIAM.
Workers’ compensation claimant Rosi Viana has filed a petition for writ of mandamus and/or certiorari to challenge the decision of a Judge of Compensation Claims (JCC) regarding her request for an independent medical examination (IME). The JCC denied the request as moot because the employer has agreed to provide the IME. Because the JCC has ruled, regardless of the correctness of that ruling, mandamus will not lie. Kramp v. Fagan, 568 So. 2d 479 (Fla. 1st DCA 1990). With regard to certiorari, this court’s jurisdiction was not timely invoked because Via-na’s motion for rehearing did not postpone rendition of the April 7, 2005, order. McGee v. McGee, 487 So. 2d 412 (Fla. 4th DCA 1986). Accordingly, the petition for writ of mandamus is denied on the merits and the petition for writ of certiorari is dismissed as untimely.
PETITION FOR WRIT OF MANDAMUS DENIED; PETITION FOR WRIT OF CERTIORARI DISMISSED.
DAVIS, BROWNING and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jacksonville Sheriff's Office/City of Jacksonville Risk Mgmt. v. Smith, 66 So. 3d 410 (Fla. 1st DCA 2011)…y v. AMS Staff Leasing, 993 So. 2d 1071 (Fla. 1st DCA 2008); Sun Sentinel & Tribune Co. v. Petrovich, 744 So. 2d 1056 (Fla. 1st DCA 1999); Cadco Builders, Inc. v. Roberts, 712 So. 2d 457 (Fla. 1st DCA 1998). Cf. City of Fort Lauderdale v. St. Louis, 917 So. 2d 224 (Fla. 1st DCA 2005). WOLF, THOMAS, and CLARK, JJ., concur.…
Authorities Cited
- Kramp v. Osee R. Fagan, 568 So. 2d 479 (Fla. 1st DCA 1990)
- McGEE v. McGEE, 487 So. 2d 412 (Fla. 4th DCA 1986)