Gail Marvin v. University Hospital/ Broadspire Services, Inc.

CourtDistrict Court of Appeal of Florida
DecidedDecember 2, 2014
Docket14-1686
StatusPublished

This text of Gail Marvin v. University Hospital/ Broadspire Services, Inc. (Gail Marvin v. University Hospital/ Broadspire Services, Inc.) 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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Gail Marvin v. University Hospital/ Broadspire Services, Inc., (Fla. Ct. App. 2014).

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

GAIL MARVIN, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D14-1686

UNIVERSITY HOSPITAL/ BROADSPIRE SERVICES, INC.,

Appellee.

_____________________________/

Opinion filed December 3, 2014.

An appeal from an order of the Judge of Compensation Claims. John J. Lazzara, Judge.

Date of Accident: April 9, 2009.

Kimberly A. Hill of Kimberly A. Hill, P.L., Fort Lauderdale, for Appellant.

H. George Kagan of Miller, Kagan, Rodriguez & Silver, P.L., West Palm Beach, for Appellee.

PER CURIAM.

In this workers’ compensation case, Claimant appeals a summary final order

dismissing his claims for permanent total disability (PTD) benefits under Florida

Administrative Code Rule 60Q-6.116(2) (the “two-dismissal” rule) which states that a second voluntary dismissal operates as an adjudication on the merits. Because our

review of the record reveals no evidence of any voluntary dismissals, we REVERSE

and REMAND for further proceedings on the pending PTD claims.

BENTON, CLARK, and ROWE, JJ., CONCUR.

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