Juarez v. R.B. Baker Construction, Inc.
This text of 28 So. 3d 193 (Juarez v. R.B. Baker Construction, 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.
Opinion
Because the Judge of Compensation Claims (JCC) lacked authority to vacate his abbreviated final order, he also lacked authority to enter subsequent orders, and the abbreviated final order remains in effect. See § 440.25(5)(a), Fla. Stat. (2007); Fla. R.App. P. 9.180(b)(2); Millinger v. Broward County Mental Health Div. & Risk Mgmt., 672 So.2d 24 (Fla.1996). Cf. Johnson v. Terry Hunt Constr. Co., 878 So.2d 1282 (Fla. 1st DCA 2004) (reversing order of JCC that denied appellant’s motion to vacate final order where JCC made findings that supported granting relief and erroneously determined he lacked authority to do so). Because the subsequent orders were void ab initio, the Order Vacating Abbreviated Final Order, dated October 30, 2007, and the Final Compensation Order Denying Benefits, dated May 7, 2008, are hereby VACATED. See Kelly v. Colston, 977 So.2d 692 (Fla. 1st DCA 2008).
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Cite This Page — Counsel Stack
28 So. 3d 193, 2010 Fla. App. LEXIS 2070, 2010 WL 624232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juarez-v-rb-baker-construction-inc-fladistctapp-2010.