Hoboken Drywall Co. v. Telfair

District Court of Appeal of Florida

Hoboken Drywall Co. v. Telfair

417 So. 2d 1169, 1982 Fla. App. LEXIS 20887

CourtDistrict Court of Appeal of Florida

DecidedAugust 16, 1982

DocketNo. AI-258

StatusPublished

Cited by3 cases

This text of 417 So. 2d 1169 (Hoboken Drywall Co. v. Telfair) 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

Hoboken Drywall Co. v. Telfair, 417 So. 2d 1169, 1982 Fla. App. LEXIS 20887 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

The employer/carrier seek to appeal a non-final order granting claimant’s motion for change of venue from Broward to Leon County. We treat the appeal as a petition for writ of certiorari and accept jurisdiction under rule 9.030(b)(2)(A), Florida Rules of Appellate Procedure. Mills Electric Contractors v. Marthens, 417 So.2d 700 (Fla. 1st DCA 1982); Early Bird Stud Farm v. Decker, 416 So.2d 860 (Fla. 1st DCA 1982).

Our review shows that the alleged injury occurred in Broward County, that the employer/carrier did not receive notice of the claim or the motion for change of venue and did not agree to the change. Section 440.25(3)(b), Florida Statutes (1981), provides that the claim hearing “shall be held in the county where the injury occurred, if the same occurred in this state, unless otherwise agreed to between the parties and authorized by the deputy commissioner in the county where the injury occurred.” The order granting the requested change of venue without the agreement of both parties was error.

REVERSED and REMANDED for proceedings consistent with this opinion.

SHIVERS, SHAW and WIGGINTON, JJ., concur.

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PER CURIAM.

The employer/carrier seek to appeal a non-final order granting claimant’s motion for change of venue from Broward to Leon County. We treat the appeal as a petition for writ of certiorari and accept jurisdiction under rule 9.030(b)(2)(A), Florida Rules of Appellate Procedure. Mills Electric Contractors v. Marthens, 417 So.2d 700 (Fla. 1st DCA 1982); Early Bird Stud Farm v. Decker, 416 So.2d 860 (Fla. 1st DCA 1982).

Our review shows that the alleged injury occurred in Broward County, that the employer/carrier did not receive notice of the claim or the motion for change of venue and did not agree to the change. Section 440.25(3)(b), Florida Statutes (1981), provides that the claim hearing “shall be held in the county where the injury occurred, if the same occurred in this state, unless otherwise agreed to between the parties and authorized by the deputy commissioner in the county where the injury occurred.” The order granting the requested change of venue without the agreement of both parties was error.

REVERSED and REMANDED for proceedings consistent with this opinion.

SHIVERS, SHAW and WIGGINTON, JJ., concur.

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Bluebook (online)

417 So. 2d 1169, 1982 Fla. App. LEXIS 20887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoboken-drywall-co-v-telfair-fladistctapp-1982.

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