ERVIN DEXTER LILLARD, APPELLANT,
v.
CITY OF MIAMI, A MUNICIPAL CORPORATION, APPELLEE
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The court held that the trial court's finding that the City had paid the full award was supported by substantial, competent evidence.
Lillard filed a petition for Rule Nisi against the City of Miami to enforce a disability award. The trial court discharged the Rule Nisi and entered j…
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Ervin Dexter Lillard filed his petition for Rule Nisi against the City of Miami, Florida, pursuant to Fla.Stat. § 440.24(1), F.S.A., in the Circuit Court of Dade County, Florida.
The Rule Nisi issued and the court ultimately entered its final order discharging the Rule Nisi and rendered a final judgment in favor of the defendant city.
Lillard has appealed from that final order and challenged its propriety on the ground that it was contrary to the manifest weight of the evidence and the law.
The authority of the trial judge in these matters is stated in Phoenix Assurance Company of New York v. Merritt, Fla.App.1963, 160 So.2d 552, wherein it was held that he “could only make inquiry as to whether or not the order was still in *414full force and effect and if it was, enforce its provisions * *
The trial court found that the defendant city had paid Lillard the full amount of the permanent partial disability award to which he was entitled under the order of the Florida Industrial Commission dated October 20, 1964 and that it was not in default. The record reflects substantial, competent evidence to sustain this finding and order.
We express no opinion as to Lillard’s right to seek appropriate relief by declaratory decree or otherwise on the theory that the city may have been in violation of the rule set forth in Schel v. City of Miami, Fla.1966, 193 So.2d 170 and City of Miami v. Herndon, Fla.App. 1968, 209 So.2d 487.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Marion Corr. Inst. v. Kriegel, 522 So. 2d 45 (Fla. 5th DCA 1988)…o consider the merits of the underlying compensation order, or to do anything other than require its enforcement when it remains in full force and effect and unsatisfied. Benne v. Kleuver, 435 So. 2d 350 (Fla. 3d DCA 1983); Lillard v. City of Miami, 220 So. 2d 413 (Fla. 3d DCA 1969). It is also clearly the law that the defense of lack of jurisdiction of the subject matter may be raised at any time. Jurisdiction of a tribunal’s subject matter cannot be conferred by consent, failure to object, or waiver. Wilds…
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Amparo Alvarez v. Kendall Assocs. & Cont'l Ins. Co., 590 So. 2d 518 (Fla. 3d DCA 1991)…ion, Florida Department of Corrections v. Kriegel, 522 So. 2d 45 (Fla. 5th DCA 1988), review denied, 531 So. 2d 1354 (Fla.1988); Venne v. Kleuver, 435 So. 2d 350 (Fla. 3d DCA 1983), review denied, 443 So. 2d 979 (Fla.1984); Lillard v. City of Miami, 220 So. 2d 413 (Fla. 3d DCA 1969); Phoenix Assurance Company of New York v. Merritt, 160 So. 2d 552 (Fla. 2d DCA 1963), cert. denied, 168 So. 2d 147 (Fla.1964). As this court stated in Venne v. Kleuver, 435 So. 2d at 351: [*520] [T]he circuit court has no authorit…
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Venne v. Kleuver, 435 So. 2d 350 (Fla. 3d DCA 1983)…the circuit court has no authority in a rule nisi proceeding to consider the merits of the underlying compensation order or, indeed, to do anything but require its enforcement when, as here, it is in full force and effect. Lillard v. City of Miami, 220 So. 2d 413 (Fla. 3d DCA 1969); Phoenix Assurance Co. of New York v. Merritt, 160 So. 2d 552 (Fla. 2d DCA 1963), cert. denied, 168 So. 2d 147 (Fla.1964). The order under review is therefore reversed and the cause remanded with directions to grant the plaintiff…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Phoenix Assurance Co. OF NEW York v. Merritt, 160 So. 2d 552 (Fla. 2d DCA 1963)
- Dirk Schel v. City OF Miami, 193 So. 2d 170 (Fla. 1966)
- City OF Miami v. Herndon, 209 So. 2d 487 (Fla. 3d DCA 1968)