STONE & WEBSTER ENGINEERING CO. AND KEMPER INSURANCE COMPANY, APPELLANTS/CROSS-APPELLEES,
v.
JOHN D. MCCRAY, APPELLEE/CROSS-APPELLANT
[*CXI] PER CURIAM.
The dispositive issue in this appeal is raised, sua sponte. It concerns the validity of the judge’s order of March 26, 1979, vacating and republishing his prior order of February 8, 1979, wherein he determined the merits of the claimant’s cause. The later order was not issued within twenty days of February 8. The earlier order had become final, and the judge was without jurisdiction to amend, vacate, or republish it. See Red Lobster Inns of America v. Poole, IRC Order 2-3433 (May 18, 1979); Firedoor Corporation of Florida v. Brown, 9 FCR 365 (1976). The March 26, 1979 order of the judge is, therefore, quashed, and the cause remanded for redetermination of the claim for penalties.
LARRY G. SMITH, Acting C. J., and SHAW and WENTWORTH, JJ., concur.
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Dowd v. Sun-Crete Constr. Co., Inc., 582 So. 2d 83 (Fla. 1st DCA 1991)…nefits for the same period.” Because the May 24 order had already become final, the JCC was without jurisdiction to amend, vacate, or republish it at the time the E/C filed its “Motion for Clarification.” Stone & Webster Engineering Co. v. McCray, 377 So. 2d 30 (Fla. 1st DCA 1979); Rule 4.141, Workers’ Compensation Rules; section 440.25, Fla.Stat. The July 9th order is therefore quashed. ORDER QUASHED. BOOTH and JOANOS, JJ., concur.…
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Millinger v. Broward Cnty. Mental Health Div. & Risk Mgmt., 655 So. 2d 104 (Fla. 1st DCA 1994)…ivalent, does not have jurisdiction to vacate an order that has become final.3 See Breen v. Smith, 644 So. 2d 183 (Fla. 1st DCA 1994); Dowd v. Sunr-Crete Construction Co., 582 So. 2d 83 (Fla. 1st DCA 1991); Stone & Webster Engineering Co. v. McCray, 377 So. 2d 30 (Fla. 1st DCA 1979). See also E.M. Scott Contractors v. Baker, 479 So. 2d 292 (Fla. 1st DCA 1985) (“[a] deputy commissioner has no authority to vacate an order which has become final, although he does have the authority, within the period before the…
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Breen v. Smith, 644 So. 2d 183 (Fla. 1st DCA 1994)…nded by the parties, or was otherwise inadvertent, that oversight might and should have been brought to the deputy’s attention within 30 days after the order was mailed, before it became final” under section 440.25(4)(a)); Stone & Webster v. McCray, 377 So. 2d 30, 31 (Fla. 1st DCA 1979) (quashing judge of industrial claim’s order vacating and republishing prior order, holding that “[t]he earlier order had become final and the judge was without jurisdiction to amend, vacate, or republish it.”). Moreover, we…