AMERICAN WOODMARK CO. D/B/A TIMBERLAKE CABINET CO. AND BROADSPIRE, APPELLANTS,
v.
HAROLD SIPE, APPELLEE
AMERICAN WOODMARK CO. D/B/A TIMBERLAKE CABINET CO. AND BROADSPIRE, APPELLANTS,
HAROLD SIPE, APPELLEE
117 So. 3d 70
Florida District Court of Appeal, First District (2013)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The “two-dismissal rule” is set forth in Florida Administrative Code Rule 60Q-6.116(2): “a second notice of voluntary dismissal shall operate as an adjudication of denial of any claim or petition for benefits previously the subject of a voluntary dismissal.” Appellants argue the Judge of Compensation Claims erred, in the order on appeal, by not applying the two-dismissal rule to the instant claim for permanent total disability benefits so as to bar the claim under principles of res judicata. We agree, and reverse the order to the extent it awards such benefits.
REVERSED in part, and AFFIRMED in part.
CLARK, MARSTILLER, and SWANSON, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Moreno v. Palm Beach Cnty. Sch. Board/F.A. Richard & Assocs., 146 So. 3d 530 (Fla. 1st DCA 2014)…aimant reached maximum medical improvement for his compensable psychiatric condition that had resulted in a permanent impairment. The E/C filed a motion for summary final order, and, relying on this Court’s opinion in American Woodmark Co. v. Sipe, 117 So. 3d 70 (Fla. 1st DCA 2013), argued that “two dismissals of a claim seeking payment of [PTD] benefits bars, by application of the doctrine of res judica-ta, any future claim seeking the payment of [PTD] benefits irrespective of the differences which might e…