JACKSONVILLE SHERIFF'S OFFICE/CITY OF JACKSONVILLE RISK MANAGEMENT v. Smith

District Court of Appeal of Florida

JACKSONVILLE SHERIFF'S OFFICE/CITY OF JACKSONVILLE RISK MANAGEMENT v. Smith

66 So. 3d 410, 2011 Fla. App. LEXIS 12247, 2011 WL 3341450

CourtDistrict Court of Appeal of Florida

DecidedAugust 4, 2011

Docket1D11-2744

StatusPublished

This text of 66 So. 3d 410 (JACKSONVILLE SHERIFF'S OFFICE/CITY OF JACKSONVILLE RISK MANAGEMENT v. Smith) 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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JACKSONVILLE SHERIFF'S OFFICE/CITY OF JACKSONVILLE RISK MANAGEMENT v. Smith, 66 So. 3d 410, 2011 Fla. App. LEXIS 12247, 2011 WL 3341450 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

Upon review of Appellants’ response to this Court’s show cause order entered June 1, 2011, the Court DISMISSES this appeal for lack of jurisdiction. In the order, the Judge of Compensation Claims (JCC) found the statute of limitations did not bar Claimant’s petition for benefits and indicates all other issues will be heard at a subsequent proceeding. Accordingly, the order is not a final order because it does not dispose of all matters presented to the JCC for adjudication. See, e.g., Emro Marketing v. Schwier, 670 So.2d 1141 (Fla. 1st DCA 1996); Bradley v. Hurricane Restaurant, 652 So.2d 443 (Fla. 1st DCA 1995). Further, the order is not an ap-pealable non-final order because it does not contain the certification required by Florida Rule of Appellate Procedure 9.180(b)(1)(C). See, e.g., Landry v. AMS Staff Leasing, 993 So.2d 1071 (Fla. 1st DCA 2008); Sun Sentinel & Tribune Co. v. Petrovich, 744 So.2d 1056 (Fla. 1st DCA 1999); Cadco Builders, Inc. v. Roberts, 712 So.2d 457 (Fla. 1st DCA 1998). Cf. City of Fort Lauderdale v. St. Louis, 917 So.2d 224 (Fla. 1st DCA 2005).

WOLF, THOMAS, and CLARK, JJ., concur.

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PER CURIAM.

Upon review of Appellants’ response to this Court’s show cause order entered June 1, 2011, the Court DISMISSES this appeal for lack of jurisdiction. In the order, the Judge of Compensation Claims (JCC) found the statute of limitations did not bar Claimant’s petition for benefits and indicates all other issues will be heard at a subsequent proceeding. Accordingly, the order is not a final order because it does not dispose of all matters presented to the JCC for adjudication. See, e.g., Emro Marketing v. Schwier, 670 So.2d 1141 (Fla. 1st DCA 1996); Bradley v. Hurricane Restaurant, 652 So.2d 443 (Fla. 1st DCA 1995). Further, the order is not an ap-pealable non-final order because it does not contain the certification required by Florida Rule of Appellate Procedure 9.180(b)(1)(C). See, e.g., Landry v. AMS Staff Leasing, 993 So.2d 1071 (Fla. 1st DCA 2008); Sun Sentinel & Tribune Co. v. Petrovich, 744 So.2d 1056 (Fla. 1st DCA 1999); Cadco Builders, Inc. v. Roberts, 712 So.2d 457 (Fla. 1st DCA 1998). Cf. City of Fort Lauderdale v. St. Louis, 917 So.2d 224 (Fla. 1st DCA 2005).

WOLF, THOMAS, and CLARK, JJ., concur.

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66 So. 3d 410, 2011 Fla. App. LEXIS 12247, 2011 WL 3341450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacksonville-sheriffs-officecity-of-jacksonville-risk-management-v-smith-fladistctapp-2011.

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