YOUNG ADULTS FOR PROGRESSIVE ACTION, INC., JAMES HAMMOND, WILLIE DIXON, JR., BETTY P. BROWN, BERNICE NELSON, PERRY A. SULLIVAN, MARY GRICE AND SYLVIA Q. ALGOOD, APPELLANTS,
v.
B & B CASH GROCERY STORES, INC., APPELLEE
YOUNG ADULTS FOR PROGRESSIVE ACTION, INC., JAMES HAMMOND, WILLIE DIXON, JR., BETTY P. BROWN, BERNICE NELSON, PERRY A. SULLIVAN, MARY GRICE AND SYLVIA Q. ALGOOD, APPELLANTS,
B & B CASH GROCERY STORES, INC., APPELLEE
157 So. 2d 809
Florida Supreme Court (1963)
Positive Treatment
Cited by 3 cases
Opinion of the Court
This appeal is not from a final decree, Fla.App., 151 So.2d 877, but from the order denying a petition for rehearing and under the decisions of our court such does not lodge the cause in this court for review. Finley v. Finley, Fla.1958, 103 So.2d 191; Kaemmerlen v. Shannon, Fla.App.1960, 119 So.2d 315. A notice of appeal seeking review of a denial of a petition for rehearing presents no issue for review other than those finally determined by the decree from which no appeal was taken. This, appeal must be dismissed ex mero motu.
Appeal dismissed.
DREW, C. J., and TERRELL, THOMAS, O’CONNELL and CALDWELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Frank v. Amara, 235 So. 2d 537 (Fla. 1st DCA 1970)…ing that an appeal from an order denying a motion or petition for rehearing will not lie. Representative of such cases is Finley v. Finley, Fla., 103 So. 2d 191, and Young Adults for Progressive Action, Inc. v. B & B Cash Grocery Stores, Inc., Fla., 157 So. 2d 809. The rule elaborated upon in such cases is the controlling law of this jurisdiction. Were appellant’s notice of appeal directed to only that portion of the trial court’s order denying rehearing, we would be inclined to grant appellees’ motion to dis…
-
Webb Dean v. McLEOD, 270 So. 2d 726 (Fla. 1972)…thod, on repetition, is to petition for modification of the award granted in the compensation Order.” In a similar situation, the Commission came to a similar decision in Berrien v. United States Phosphoric Products, 5 F.C.R. 232 (1963), cert. den. 157 So. 2d 809 (Fla.1963): “Where compensation is paid claimant pursuant to an Order and subsequent to the termination of the payment of compensation or the furnishing of remedial treatment pursuant to said Order, claimant timely files a new claim or petition for…
-
Univ. OF Fla. & Div. of Risk Mgmt. v. McLARTHY, 483 So. 2d 723 (Fla. 1st DCA 1985)…ward is granted, within two years after the last payment of compensation or furnishing of remedial treatment pursuant to order, the petition or claim will be barred. Id. See also Berrien v. United States Phosphoric Products, 5 FCR 232, cert. denied, 157 So. 2d 809 (Fla.1963). Cf. Ford v. Alexander Cabinet Co., 467 So. 2d 1050 (Fla. 1st DCA 1985). In the instant case, the claim seeking temporary benefits was filed on November 19,1984, more than two years after [*727] the last payment of compensation benefits…
Authorities Cited
- Williams v. Levine, 103 So. 2d 191 (Fla. 1958)
- Kaemmerlen v. Shannon, 119 So. 2d 315 (Fla. 2d DCA 1960)
- Leavstrom v. Muston, 119 So. 2d 315 (Fla. 3d DCA 1960)
- Finley v. Coralee Russell Finley, 103 So. 2d 191 (Fla. 1958)
- Young Adults FOR Progressive Action, Inc. v. B & B Cash Grocery Stores, Inc., 151 So. 2d 877 (Fla. 2d DCA 1963)