LINDA GEROW, AS PERSONAL REPRESENTATIVE FOR THE ESTATE, ETC., APPELLANT,
v.
YESTERDAY'S AND FIREMAN'S FUND INSURANCE COMPANY, APPELLEES
LINDA GEROW, AS PERSONAL REPRESENTATIVE FOR THE ESTATE, ETC., APPELLANT,
YESTERDAY'S AND FIREMAN'S FUND INSURANCE COMPANY, APPELLEES
881 So. 2d 94
Florida District Court of Appeal, First District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
We are asked to determine whether the amendments adopted by the 2000 Florida Legislature to section 440.20(ll)(c), Florida Statutes (2001), eliminated the JCC’s jurisdiction to determine whether a settlement agreement was reached, or to deter mine the terms of such an agreement. Based on the reasoning discussed in Jacob-sen v. Ross Stores & Sedgwick Claims, 1D03-2868, 882 So. 2d 431, 2004 WL 1877558 (Fla. 1st DCA Aug. 24, 2004), we conclude they do not. Because it is within the province of the JCC to determine whether a settlement agreement was reached, and if so, to establish its terms, the JCC’s order to the contrary is REVERSED.
ERVIN and ALLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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CHUBB Grp. Ins. Co. & Dialamerica, Inc. v. Major D. Easthagen, II, 889 So. 2d 112 (Fla. 1st DCA 2004)…on this court’s recent opinions reaffirming that it is within the province of the JCC to determine whether a settlement agreement was reached, and if so, to establish its terms, the JCC’s order to the contrary is reversed. See Gerow v. Yesterday’s, 881 So. 2d 94 (Fla. 1st DCA 2004); Jacobsen v. [*113] Ross Stores, 882 So. 2d 481 (Fla. 1st DCA 2004). BENTON and VAN NORTWICK, JJ., concur. . This court has jurisdiction pursuant to rule 9.180(b)(1)(A), Florida Rules of Appellate Procedure (2004).…
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Divosta Bldg. Corp. v. Rienzi, 892 So. 2d 1212 (Fla. 1st DCA 2005)…that it is within the province of the Judge of Compensation Claims to determine whether a settlement agreement was reached, the order to the contrary is reversed. See Jacobsen v. Ross Stores, 882 So. 2d 431 (Fla. 1st DCA 2004); Gerow v. Yesterday’s, 881 So. 2d 94 (Fla. 1st DCA 2004). The case is remanded for a ruling on the motion to enforce the settlement. REVERSED and REMANDED. BARFIELD and KAHN, JJ., concur; ERVIN, J., concurs with written opinion.…
Authorities Cited
- Jacobsen v. Ross Stores & Sedgwick Claims, 882 So. 2d 431 (Fla. 1st DCA 2004)