Florida School for the Deaf & Blind v. Wade

District Court of Appeal of Florida

Florida School for the Deaf & Blind v. Wade

689 So. 2d 446, 1997 Fla. App. LEXIS 2524, 1997 WL 120548

CourtDistrict Court of Appeal of Florida

DecidedMarch 19, 1997

DocketNo. 96-1920

StatusPublished

This text of 689 So. 2d 446 (Florida School for the Deaf & Blind v. Wade) 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

Florida School for the Deaf & Blind v. Wade, 689 So. 2d 446, 1997 Fla. App. LEXIS 2524, 1997 WL 120548 (Fla. Ct. App. 1997).

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Opinion

BARFIELD, Chief Judge.

The judge of compensation claims erred in holding that the order vacating an order not yet final, pursuant to Rule 4.141, was a nullity because the claimant died several days before entry of the order, and the estate had not been substituted as a party. Jurisdiction of the judge pursuant to Rule 4.141 is not dependent on the viability of a party. Further proceedings may be affected by the need to substitute the successor in interest to the decedent, but subject matter jurisdiction is not.

Reversed and remanded for further proceedings.

ERVIN and BENTON, JJ., concur.

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BARFIELD, Chief Judge.

The judge of compensation claims erred in holding that the order vacating an order not yet final, pursuant to Rule 4.141, was a nullity because the claimant died several days before entry of the order, and the estate had not been substituted as a party. Jurisdiction of the judge pursuant to Rule 4.141 is not dependent on the viability of a party. Further proceedings may be affected by the need to substitute the successor in interest to the decedent, but subject matter jurisdiction is not.

Reversed and remanded for further proceedings.

ERVIN and BENTON, JJ., concur.

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Bluebook (online)

689 So. 2d 446, 1997 Fla. App. LEXIS 2524, 1997 WL 120548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-school-for-the-deaf-blind-v-wade-fladistctapp-1997.