REINALDO DUARTE, PETITIONER,
v.
STEVENS MARKETS, INC., SECURITY MUTUAL INSURANCE COMPANY OF NEW YORK, AND THE FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
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The Florida Supreme Court denied a petition for a writ of certiorari, holding that an objection to the composition of the Industrial Commission was waived because it was not raised until appeal.
Yes, the objection is waived if not raised before the Commission prior to appeal.
“No objection to the absence of Commissioner Lightsey was interposed by counsel for any party to the cause until the filing of the petition for a writ of certiorari in this Court the objection comes too late.”
This quote establishes the court's reasoning for denying the petition, emphasizing that the objection was untimely.
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Join FLexlaw to unlock all legal intelligenceReinaldo Duarte petitioned for a writ of certiorari to review a decision by the Florida Industrial Commission. Duarte argued that the Commission was n…
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We have concluded after argument and a careful consideration of the record that the petition for writ of certiorari should be denied.
In connection with the contention that only two members of the full Commission heard and decided this case and that the Commission is not empowered to act unless all three members thereof hear and decide a case brought to the Commission for review we can only say that because “No objection to the absence of Commissioner Lightsey was interposed by counsel for any party to the cause” until the filing of the petition for a writ of certiorari in this Court the objection comes too late. See Wheeler v. Hendry Corporation, Fla., 70 So.2d 557.
The petition for writ of certiorari is denied.
THOMAS, Acting C. J., and ROBERTS, THORNAL, CALDWELL and HOBSON (Ret.), JJ., concur.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wheeler v. Hendry Corp., 70 So. 2d 557 (Fla. 1954)