KELVIN RANCE, APPELLANT,
v.
D.R. HORTON, INC., AND CNA CLAIMPLUS, APPELLEES
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Florida appellate court dismissed part of workers' compensation appeal for lack of jurisdiction over an unappealed final order and affirmed the JCC's May 27, 2005 order denying the claimant's motion to set aside a settlement agreement.
A workers' compensation claimant cannot appeal issues from a final order when no timely notice of appeal was filed for that order, and the JCC's findings regarding a valid settlement agreement are supported by competent, substantial evidence.
[1] A workers' compensation claimant cannot appeal issues from a final order when no timely notice of appeal was filed for that order, and appellate jurisdiction is lacking o…
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Join FLexlaw to unlock all legal intelligenceKelvin Rance, a workers' compensation claimant, appealed a JCC order dated May 27, 2005, regarding a motion to set aside portions of a settlement agre…
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PER CURIAM.
The appellant, who is the claimant in this workers’ compensation case, timely appeals the Judge of Compensation Claims’ (JCC) “Order on Motion to Set Aside Portions of Settlement Agreement,” which is dated May 27, 2005. To the extent that the appellant asserts any errors by the JCC in a final order dated January 6, 2005, from which no timely appeal was taken, we lack jurisdiction to review these issues, and dismissal is appropriate. See Fla. R.App. P. 9.180(b)(3); Murphy v. Palm Mattress Co., 889 So. 2d 222 (Fla. 1st DCA 2004) (dismissing workers’ compensation appeal for lack of jurisdiction, where appellant failed to file a timely notice of appeal of order to be reviewed). To the extent that any of the appellant’s remaining issues relate to the order timely appealed and were preserved in the lower tribunal, we conclude that competent, substantial evidence in the record supports the JCC’s factual findings (including the finding that the parties reached a valid, binding settlement agreement), that the JCC correctly applied the law to the facts of record, and that the appellant has not met his burden to show an abuse of discretion.
This appeal is DISMISSED in part for lack of jurisdiction, and the JCC’s May 27, 2005, order denying relief is AFFIRMED in all respects.
BROWNING, C.J., WEBSTER and PADOVANO, JJ., concur.
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Citator
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Shannon v. Cheney Bros. Inc. & The Travelers, 157 So. 3d 397 (Fla. 1st DCA 2015)…al with the JCC within 80 days after the order is rendered. Fla. R. App. P. 9.180(b)(8). If a notice of appeal is not timely filed, we lack jurisdiction to review the challenged order and the appeal must be dismissed. See Ranee v. D.R. Horton, Inc., 953 So. 2d 622 (Fla. 1st DCA 2007). Here, there is no question that Claimant timely invoked our jurisdiction to review the order denying the claims in the PFBs; however, because the notice of appeal was filed more than 30 days after the order denying Claimant’s m…
Authorities Cited
- Murphy v. Palm Mattress Company/Rskco, 889 So. 2d 222 (Fla. 1st DCA 2004)