Godwin v. Apalachee Correctional Institution

District Court of Appeal of Florida

Godwin v. Apalachee Correctional Institution

868 So. 2d 677, 2004 Fla. App. LEXIS 4073, 2004 WL 625017

CourtDistrict Court of Appeal of Florida

DecidedMarch 31, 2004

DocketNo. 1D04-0393

StatusPublished

This text of 868 So. 2d 677 (Godwin v. Apalachee Correctional Institution) 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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Godwin v. Apalachee Correctional Institution, 868 So. 2d 677, 2004 Fla. App. LEXIS 4073, 2004 WL 625017 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

Having considered appellant’s response to our order to show cause concerning the appealability of the JCC’s Order Granting Employer/Carrier’s Motion for Sanctions, we dismiss this appeal for lack of jurisdiction. Because the JCC dismissed the petition for benefits without prejudice, judicial labor is obviously not at an end. See Augustin v. Blount, Inc., 573 So.2d 104 (Fla. 1st DCA 1991). The portion of the JCC’s order which denied appellant’s request for penalties and interest from July 1, 2002, to December 22, 2003, and relieved the e/c from arranging or providing transportation for claimant does not make the order final. The JCC was not ruling on the merits of appellant’s petition for benefits, but rather on a motion for sanctions. Therefore, the order on appeal is neither a [678]*678final order nor an appealable nonfinal order.

DISMISSED.

BARFIELD, BROWNING and LEWIS, JJ., concur.

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PER CURIAM.

Having considered appellant’s response to our order to show cause concerning the appealability of the JCC’s Order Granting Employer/Carrier’s Motion for Sanctions, we dismiss this appeal for lack of jurisdiction. Because the JCC dismissed the petition for benefits without prejudice, judicial labor is obviously not at an end. See Augustin v. Blount, Inc., 573 So.2d 104 (Fla. 1st DCA 1991). The portion of the JCC’s order which denied appellant’s request for penalties and interest from July 1, 2002, to December 22, 2003, and relieved the e/c from arranging or providing transportation for claimant does not make the order final. The JCC was not ruling on the merits of appellant’s petition for benefits, but rather on a motion for sanctions. Therefore, the order on appeal is neither a [678]*678final order nor an appealable nonfinal order.

DISMISSED.

BARFIELD, BROWNING and LEWIS, JJ., concur.

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868 So. 2d 677, 2004 Fla. App. LEXIS 4073, 2004 WL 625017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/godwin-v-apalachee-correctional-institution-fladistctapp-2004.

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