Mitchell v. Pool Supply Marketing, Figa

District Court of Appeal of Florida

Mitchell v. Pool Supply Marketing, Figa

527 So. 2d 935, 13 Fla. L. Weekly 1532, 1988 Fla. App. LEXIS 2853, 1988 WL 67269

CourtDistrict Court of Appeal of Florida

DecidedJune 30, 1988

DocketNo. 87-1849

StatusPublished

This text of 527 So. 2d 935 (Mitchell v. Pool Supply Marketing, Figa) 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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Mitchell v. Pool Supply Marketing, Figa, 527 So. 2d 935, 13 Fla. L. Weekly 1532, 1988 Fla. App. LEXIS 2853, 1988 WL 67269 (Fla. Ct. App. 1988).

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Opinion

WIGGINTON, Judge.

Appellant appeals that portion of the deputy commissioner’s order making findings in regard to apportionment and permanent impairment. We agree with appellant that since those findings went beyond the issues framed by the order or stipulated to by the parties, the deputy commissioner erred in making those findings. See Trujillo v. Southern Wine and Spirits, Etc., 525 So.2d 481 (Fla. 1st DCA 1988); Regal Marine Industries v. Cappucci, 523 So.2d 766 (Fla. 1st DCA 1988); and Sewell Plastics, Inc. v. Jackson, 418 So.2d 442 (Fla. 1st DCA 1982). Therefore, that portion of the order making findings as to permanent impairment and apportionment is hereby stricken. In all other respects, the order is affirmed.

MILLS and SHIVERS, JJ., concur.

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WIGGINTON, Judge.

Appellant appeals that portion of the deputy commissioner’s order making findings in regard to apportionment and permanent impairment. We agree with appellant that since those findings went beyond the issues framed by the order or stipulated to by the parties, the deputy commissioner erred in making those findings. See Trujillo v. Southern Wine and Spirits, Etc., 525 So.2d 481 (Fla. 1st DCA 1988); Regal Marine Industries v. Cappucci, 523 So.2d 766 (Fla. 1st DCA 1988); and Sewell Plastics, Inc. v. Jackson, 418 So.2d 442 (Fla. 1st DCA 1982). Therefore, that portion of the order making findings as to permanent impairment and apportionment is hereby stricken. In all other respects, the order is affirmed.

MILLS and SHIVERS, JJ., concur.

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527 So. 2d 935, 13 Fla. L. Weekly 1532, 1988 Fla. App. LEXIS 2853, 1988 WL 67269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-pool-supply-marketing-figa-fladistctapp-1988.

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