ROBERTO COVA AND RAUL DE LA HERIA, APPELLANTS,
v.
EVAN M. OSTFELD, ESQUIRE, AND THE LAW OFFICES OF EVAN M. OSTFELD, P.A. AND SOUTHEAST PERSONNEL LEASING, INC., AND BROADSPIRE, APPELLEES
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PER CURIAM.
Claimant and his current counsel seek reversal of the Judge of Compensation Claims’ order awarding an attorneys fee to Claimant’s former counsel to be paid by Claimant’s current counsel. As grounds, they argue the JCC lacked jurisdiction to award the fee. We agree.
Claimant’s former counsel dismissed in their entirety all petitions for benefits he had filed, citing as the basis for dismissal that “the issues have been resolved.” When all claims asserted through a petition for benefits are dismissed, the JCC loses jurisdiction to address those claims. “Such dismissal divests a JCC of jurisdiction to take any further action in the case.” See Perez v. Winn-Dixie, 639 So. 2d 109, 111 (Fla. 1st DCA 1994); Rassi v. Dispatch Serv. Group, 513 So. 2d 1369 (Fla. 1st DCA 1987); Randle-E. Ambulance Serv., Inc. v. Vasta, 360 So. 2d 68 (Fla. 1st DCA 1978).
Because the JCC lacked jurisdiction to enter the order, the fee award is REVERSED.
BARFIELD, KAHN, and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vazquez v. Romero, 179 So. 3d 402 (Fla. 1st DCA 2015)…C of jurisdiction. “When all claims asserted through a petition for benefits are dismissed, the JCC loses jurisdiction to address those claims. ‘Such dismissal divests a JCC of jurisdiction to take any further action in the ease.’ ” Cova v. Ostfeld, 994 So. 2d 1162, 1162 (Fla. 1st DCA 2008) (quoting Perez v. Winn-Dixie, 639 So. 2d 109, 111 (Fla. 1st DCA 1994)). The particular facts of this case distinguish it from the cases the Respondents cite; in which a; JCC’s jurisdiction exists or continues in the absenc…
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Law Offs. of William F. Souza v. Truly Nolen, 199 So. 3d 531 (Fla. 1st DCA 2016)…nalysis Our review of subject matter jurisdiction is de novo. See Jacobsen v. Ross Stores, 882 So. 2d 431, 432 (Fla. 1st DCA 2004). This court has previously held that the dismissal of all PFBs divests the JCC of jurisdiction. See Cova v. Ostfeld, 994 So. 2d 1162 (Fla. 1st DCA 2008) (“When all claims asserted through a petition for benefits are dismissed, the JCC loses jurisdiction to address those claims. ‘Such dismissal divests a JCC of jurisdiction to take any further action in the case.’ ”) (quoting Pere…
Authorities Cited
- Randle-Eastern Ambulance Serv., Inc. v. Vasta, 360 So. 2d 68 (Fla. 1978)
- Perez v. Winn-Dixie & Crawford & Co., 639 So. 2d 109 (Fla. 1st DCA 1994)
- Amador Rassi v. Dispatch Serv. Grp. & Greyhound Corp., 513 So. 2d 1369 (Fla. 1st DCA 1987)