Ekechi v. First america/first Student

District Court of Appeal of Florida

Ekechi v. First america/first Student

49 So. 3d 335, 2010 Fla. App. LEXIS 18662, 2010 WL 4967902

CourtDistrict Court of Appeal of Florida

DecidedDecember 8, 2010

Docket1D10-2465

StatusPublished

This text of 49 So. 3d 335 (Ekechi v. First america/first Student) 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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Ekechi v. First america/first Student, 49 So. 3d 335, 2010 Fla. App. LEXIS 18662, 2010 WL 4967902 (Fla. Ct. App. 2010).

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Opinion

PER CURIAM.

We vacate in part the order on appeal, by striking the following language from the decretal portion: “Interest will accrue on any unpaid sum at the rate allowed by statute. For all of which let execution issue.” See Jackson v. Computer Science Raytheon, 36 So.3d 754, 757 (Fla. 1st DCA 2010) (noting that section 440.15(12), Florida Statutes (relating to employee’s repayment of indemnity benefits), does not impose interest on unpaid principle); see also § 440.25(4)(e), Florida Statutes (2008)(lim-iting JCC’s authority to entry of “compensation order” — rather than judgment, as defined by section 55.01(1), Florida Statutes (2008)). Because we find no merit in Claimant’s arguments for reversal of the remainder of the order, we AFFIRM the order as modified. See Lawrence v. Aquarius Sales & Serv., Inc., 30 So.3d 690 (Fla. 1st DCA 2010) (modifying order by striking JCC’s findings on issue not pled below, and affirming as modified); Orkin Pest Control (Rollins, Inc.) v. Dykes, 464 So.2d 1299, 1300 (Fla. 1st DCA 1985) (modifying and affirming order of deputy commissioner where commissioner granted remedy to parties not “actually before” him).

WOLF, KAHN, and WEBSTER, JJ., concur.

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PER CURIAM.

We vacate in part the order on appeal, by striking the following language from the decretal portion: “Interest will accrue on any unpaid sum at the rate allowed by statute. For all of which let execution issue.” See Jackson v. Computer Science Raytheon, 36 So.3d 754, 757 (Fla. 1st DCA 2010) (noting that section 440.15(12), Florida Statutes (relating to employee’s repayment of indemnity benefits), does not impose interest on unpaid principle); see also § 440.25(4)(e), Florida Statutes (2008)(lim-iting JCC’s authority to entry of “compensation order” — rather than judgment, as defined by section 55.01(1), Florida Statutes (2008)). Because we find no merit in Claimant’s arguments for reversal of the remainder of the order, we AFFIRM the order as modified. See Lawrence v. Aquarius Sales & Serv., Inc., 30 So.3d 690 (Fla. 1st DCA 2010) (modifying order by striking JCC’s findings on issue not pled below, and affirming as modified); Orkin Pest Control (Rollins, Inc.) v. Dykes, 464 So.2d 1299, 1300 (Fla. 1st DCA 1985) (modifying and affirming order of deputy commissioner where commissioner granted remedy to parties not “actually before” him).

WOLF, KAHN, and WEBSTER, JJ., concur.

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49 So. 3d 335, 2010 Fla. App. LEXIS 18662, 2010 WL 4967902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ekechi-v-first-americafirst-student-fladistctapp-2010.

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