Moya-Perguero v. Trucks & Parts of Tampa, Inc.

District Court of Appeal of Florida

Moya-Perguero v. Trucks & Parts of Tampa, Inc.

77 So. 3d 912, 2012 Fla. App. LEXIS 969, 2012 WL 193956

CourtDistrict Court of Appeal of Florida

DecidedJanuary 24, 2012

DocketNo. 1D11-3425

StatusPublished

Cited by1 cases

This text of 77 So. 3d 912 (Moya-Perguero v. Trucks & Parts of Tampa, 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.

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Moya-Perguero v. Trucks & Parts of Tampa, Inc., 77 So. 3d 912, 2012 Fla. App. LEXIS 969, 2012 WL 193956 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

In this workers’ compensation case, Claimant appeals an order of the Judge of Compensation Claims (JCC) dismissing Claimant’s petition for benefits (PFB). We reverse and remand because, as Claimant asserts, and as the Employer/Carrier concedes, the JCC erred in sua sponte dismissing the PFB after a hearing on a motion for sanctions requesting only attorney’s fees. Parties are entitled to notice of the issues to be determined at a hearing, and an order that is not in accord with the understanding with which the workers’ compensation hearing was undertaken and participated in is a denial of due process and must be reversed. See Sch. Dist. of Hillsborough Cnty. v. Dickson, 67 So.3d 1080, 1083 (Fla. 1st DCA 2011).

REVERSED and REMANDED for further proceedings.

BENTON, C.J., DAVIS, and MARSTILLER, JJ., Concur.

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PER CURIAM.

In this workers’ compensation case, Claimant appeals an order of the Judge of Compensation Claims (JCC) dismissing Claimant’s petition for benefits (PFB). We reverse and remand because, as Claimant asserts, and as the Employer/Carrier concedes, the JCC erred in sua sponte dismissing the PFB after a hearing on a motion for sanctions requesting only attorney’s fees. Parties are entitled to notice of the issues to be determined at a hearing, and an order that is not in accord with the understanding with which the workers’ compensation hearing was undertaken and participated in is a denial of due process and must be reversed. See Sch. Dist. of Hillsborough Cnty. v. Dickson, 67 So.3d 1080, 1083 (Fla. 1st DCA 2011).

REVERSED and REMANDED for further proceedings.

BENTON, C.J., DAVIS, and MARSTILLER, JJ., Concur.

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Bluebook (online)

77 So. 3d 912, 2012 Fla. App. LEXIS 969, 2012 WL 193956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moya-perguero-v-trucks-parts-of-tampa-inc-fladistctapp-2012.

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