Divosta Building Corp. v. Rienzi

District Court of Appeal of Florida

Divosta Building Corp. v. Rienzi

892 So. 2d 1212, 2005 Fla. App. LEXIS 1387, 2005 WL 327141

District Court of Appeal of Florida·Decided February 11, 2005·No. No. 1D04-1082·Published

Opinions

PER CURIAM.

The Judge of Compensation Claims held he lacked jurisdiction to determine whether an enforceable settlement agreement was reached. Based on this court’s recent opinions reaffirming 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.

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PER CURIAM.

The Judge of Compensation Claims held he lacked jurisdiction to determine whether an enforceable settlement agreement was reached. Based on this court’s recent opinions reaffirming 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.

Divosta Building Corp. v. Rienzi, 892 So. 2d 1212, 2005 Fla. App. LEXIS 1387, 2005 WL 327141 (Fla. Ct. App. 2005).

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