META M. JOHNSON, INDIVIDUALLY AND AS NEXT FRIEND AND NATURAL GUARDIAN OF FRANCES ANNE MITCHELL, A MINOR,
v.
MIDLAND CONSTRUCTORS, INC., A CORPORATION, NEW AMSTERDAM CASUALTY COMPANY, A CORPORATION, AND THE FLORIDA INDUSTRIAL COMMISSION
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The Florida Supreme Court held that the twenty-day period for appealing a Florida Industrial Commission order begins when the order is filed in the Commission's Tallahassee office, not when it is filed in the circuit court clerk's office. The court denied the appellee's motion to dismiss the appeal because the notice of appeal was timely under this standard.
The twenty-day period for taking an appeal from a Florida Industrial Commission order begins when the order is filed in the office of the Florida Industrial Commission in Tallahassee, not when it is filed in the circuit court clerk's office. Therefore, the notice of appeal filed August 24, 1942, was timely.
“If not in accordance with law, the compensation order or award of the full commission may be appealed by any party in interest to the circuit court in the the circuit where the injury occurred within twenty days after the compensation order or award is filed in the office of the commission in Tallahassee”
The statutory provision defining the trigger for the twenty-day appeal period as filing in the Commission's Tallahassee office
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Join FLexlaw to unlock all legal intelligenceThe Florida Industrial Commission issued an order on July 29, 1942. The order was filed in the circuit court clerk's office on July 30, 1942, and in t…
The full statement of facts, procedural history, and disposition for this case are member content.
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We have before us a motion to dismiss an appeal. The appeal is from a judgment of the circuit court affirming an order of the Florida Industrial Commission. The order was dated July 29, 1942. It was filed in the office of the clerk of the circuit court July 30, 1942, and was filed in the office of the Florida Industrial Commission in Tallahassee on August 7, 1942. The notice of appeal was filed August 24, 1942.
The statute allows the appeal if taken within twenty days. Section 440.27 (3), Florida Statutes, 1941. The question is whether the twenty days begins to run from the time the order is filed in the office of the clerk of the circuit court or in the office of the Florida Industrial Commission in Tallahassee.
Section 440.27, Florida Statutes, 1941, Review of compensation orders:
“(12) Any interested party may appeal to the Supreme Court from such orders of the circuit court, within the same period of time and following the same procedure as is used in appeals from orders of the full commission to the circuit court.”
Paragraph 3 of Section 440.27 provides for appeals to the circuit court as follows:
“If not in accordance with law, the compensation order or award of the full commission may be appealed by any party in interest to the circuit court in the the circuit where the injury occurred within twenty *361days after the compensation order or award is filed in the office of the commission in Tallahassee ”
We hold that the twenty day period for the taking of an appeal did not begin to run until the order was filed with the commission in Tallahassee on August 7, 1942.
The motion to dismiss is therefore denied.
BROWN, C. J., WHITFIELD, and BUFORD, JJ., concur.
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State of Fla. Ex rel. Fla. Indus. Comm'n & William Vester Warner v. Cir. Court OF Dade Cnty., 154 Fla. 42 (Fla. 1944)…days from the date the order or award appealed from is filed in the office of the commission.” See South Atlantic Steamship Co. v. Tutson, 139 Fla. 405, 190 So. 675; Dupree v. Elleman, 139 Fla. 809, 191 So. 65; Johnson v. Midland Constructors, Inc., 151 Fla. 359, 9 So. (2nd) 726. The record discloses that the order of the Industrial Commission is dated November 27, 1942, and was filed in the office of the Florida Industrial Commission on November 30, 1942. The statute supra requires that an appeal (applica…