Covell v. Cracker Barrel Old Country Store, Inc.

District Court of Appeal of Florida

Covell v. Cracker Barrel Old Country Store, Inc.

118 So. 3d 991, 2013 WL 4106691, 2013 Fla. App. LEXIS 12792

CourtDistrict Court of Appeal of Florida

DecidedAugust 15, 2013

DocketNo. 1D13-1232

StatusPublished

Cited by1 cases

This text of 118 So. 3d 991 (Covell v. Cracker Barrel Old Country Store, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Covell v. Cracker Barrel Old Country Store, Inc., 118 So. 3d 991, 2013 WL 4106691, 2013 Fla. App. LEXIS 12792 (Fla. Ct. App. 2013).

Pincite

Opinion

PER CURIAM.

In this workers’ compensation appeal, Claimant challenges a nonfinal order of the Judge of Compensation Claims (JCC) denying her motion to compel the Employer/Carrier to produce documents previously the subject of a written request to produce. In the appealed order, the JCC denied the motion on the ground that he lacked jurisdiction over the motion because no petition for benefits (PFB) had been filed. We conclude that a JCC has jurisdiction to compel the production of documentary evidence, even before the filing of a PFB. See Canovas v. Sugar Supply, Inc., 921 So.2d 26 (Fla. 1st DCA 2006). In reaching this conclusion, we address only the jurisdictional issue and not whether Claimant is entitled to the discovery requested. See Stanberry v. Escambia County, 813 So.2d 278, 279 (Fla. 1st DCA 2002) (explaining review of nonfinal [992]*992order is limited to only appealable portions of such order).

REVERSED AND REMANDED for further proceedings consistent with this opinion.

CLARK, ROWE, and SWANSON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

In this workers’ compensation appeal, Claimant challenges a nonfinal order of the Judge of Compensation Claims (JCC) denying her motion to compel the Employer/Carrier to produce documents previously the subject of a written request to produce. In the appealed order, the JCC denied the motion on the ground that he lacked jurisdiction over the motion because no petition for benefits (PFB) had been filed. We conclude that a JCC has jurisdiction to compel the production of documentary evidence, even before the filing of a PFB. See Canovas v. Sugar Supply, Inc., 921 So.2d 26 (Fla. 1st DCA 2006). In reaching this conclusion, we address only the jurisdictional issue and not whether Claimant is entitled to the discovery requested. See Stanberry v. Escambia County, 813 So.2d 278, 279 (Fla. 1st DCA 2002) (explaining review of nonfinal [992]*992order is limited to only appealable portions of such order).

REVERSED AND REMANDED for further proceedings consistent with this opinion.

CLARK, ROWE, and SWANSON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

118 So. 3d 991, 2013 WL 4106691, 2013 Fla. App. LEXIS 12792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/covell-v-cracker-barrel-old-country-store-inc-fladistctapp-2013.

Opinion

Related

Cite This Page — Counsel Stack