Davis v. Hunt

District Court of Appeal of Florida

Davis v. Hunt

432 So. 2d 650, 1983 Fla. App. LEXIS 19542

CourtDistrict Court of Appeal of Florida

DecidedJune 1, 1983

DocketNo. AR-212

StatusPublished

Cited by3 cases

This text of 432 So. 2d 650 (Davis v. Hunt) 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.

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Davis v. Hunt, 432 So. 2d 650, 1983 Fla. App. LEXIS 19542 (Fla. Ct. App. 1983).

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Opinion

MILLS, Judge.

Davis seeks review of an order of the deputy commissioner finding an employer/employee relationship between her and Hunt and finding that Hunt had sustained an accident arising out of and in the course of her employment. However, the order determined the issue of compensability only, and the deputy commissioner reserved jurisdiction to determine the amount of benefits owing.

Hunt has filed a motion to dismiss this appeal because of Davis’ failure to post bond as required by Section 440.25(4)(c), Florida Statutes (1981). We decline to reach the question presented by Hunt’s motion because the order appealed from is nonfinal, and we are thus without jurisdiction. State, Department of Health and Rehabilitative Services v. Waters, 416 So.2d 903 (Fla. 1st DCA 1982). Accordingly, this appeal is dismissed on the Court’s motion, without prejudice to appeal in the event of a final order awarding benefits.

BOOTH and SHIVERS, JJ., concur.

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MILLS, Judge.

Davis seeks review of an order of the deputy commissioner finding an employer/employee relationship between her and Hunt and finding that Hunt had sustained an accident arising out of and in the course of her employment. However, the order determined the issue of compensability only, and the deputy commissioner reserved jurisdiction to determine the amount of benefits owing.

Hunt has filed a motion to dismiss this appeal because of Davis’ failure to post bond as required by Section 440.25(4)(c), Florida Statutes (1981). We decline to reach the question presented by Hunt’s motion because the order appealed from is nonfinal, and we are thus without jurisdiction. State, Department of Health and Rehabilitative Services v. Waters, 416 So.2d 903 (Fla. 1st DCA 1982). Accordingly, this appeal is dismissed on the Court’s motion, without prejudice to appeal in the event of a final order awarding benefits.

BOOTH and SHIVERS, JJ., concur.

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432 So. 2d 650, 1983 Fla. App. LEXIS 19542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-hunt-fladistctapp-1983.

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