Deese v. Clay County Board of County Commissioners
This text of 43 So. 3d 781 (Deese v. Clay County Board of County Commissioners) 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.
Opinion
Appellant filed a workers’ compensation claim against Appellees, and the Judge of Compensation Claims denied compensability of the claim. Appellant was taxed $6,575.26 in costs pursuant to section 440.34(3), Florida Statutes. The cost order was not appealed, and Appellant concedes that the amount is due and owing and that the cost order is not subject to collateral attack. After Appellant failed to comply with the order, Appellees sought to enforce the order by filing a petition for rule nisi in the circuit court pursuant to section 440.24(1), Florida Statutes. The trial court granted the petition after a hearing, and this appeal followed. For the reasons expressed in Brown v. Clay County Board of County Commissioners, 43 So.3d 782 (Fla. 1st DCA 2010), we reverse the order on appeal and remand the case with directions that the trial court dismiss the petition.
REVERSED and REMANDED with directions.
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Cite This Page — Counsel Stack
43 So. 3d 781, 2010 Fla. App. LEXIS 11412, 2010 WL 3062845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deese-v-clay-county-board-of-county-commissioners-fladistctapp-2010.