Rance v. D.R. Horton, Inc.

District Court of Appeal of Florida

Rance v. D.R. Horton, Inc.

953 So. 2d 622, 2007 Fla. App. LEXIS 4479, 2007 WL 878994

CourtDistrict Court of Appeal of Florida

DecidedMarch 26, 2007

DocketNo. 1D05-3105

StatusPublished

Cited by1 cases

This text of 953 So. 2d 622 (Rance v. D.R. Horton, 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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Rance v. D.R. Horton, Inc., 953 So. 2d 622, 2007 Fla. App. LEXIS 4479, 2007 WL 878994 (Fla. Ct. App. 2007).

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Opinion

PER CURIAM.

The appellant, who is the claimant in this workers’ compensation case, timely appeals the Judge of Compensation Claims’ (JCC) “Order on Motion to Set Aside Portions of Settlement Agreement,” which is dated May 27, 2005. To the extent that the appellant asserts any errors by the JCC in a final order dated January 6, 2005, from which no timely appeal was taken, we lack jurisdiction to review these issues, and dismissal is appropriate. See Fla. R.App. P. 9.180(b)(3); Murphy v. Palm Mattress Co., 889 So.2d 222 (Fla. 1st DCA 2004) (dismissing workers’ compensation appeal for lack of jurisdiction, where appellant failed to file a timely notice of appeal of order to be reviewed). To the extent that any of the appellant’s remaining issues relate to the order timely appealed and were preserved in the lower tribunal, we conclude that competent, substantial evidence in the record supports the JCC’s factual findings (including the finding that the parties reached a valid, binding settlement agreement), that the JCC correctly applied the law to the facts of record, and that the appellant has not met his burden to show an abuse of discretion.

This appeal is DISMISSED in part for lack of jurisdiction, and the JCC’s May 27, 2005, order denying relief is AFFIRMED in all respects.

BROWNING, C.J., WEBSTER and PADOVANO, JJ., concur.

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PER CURIAM.

The appellant, who is the claimant in this workers’ compensation case, timely appeals the Judge of Compensation Claims’ (JCC) “Order on Motion to Set Aside Portions of Settlement Agreement,” which is dated May 27, 2005. To the extent that the appellant asserts any errors by the JCC in a final order dated January 6, 2005, from which no timely appeal was taken, we lack jurisdiction to review these issues, and dismissal is appropriate. See Fla. R.App. P. 9.180(b)(3); Murphy v. Palm Mattress Co., 889 So.2d 222 (Fla. 1st DCA 2004) (dismissing workers’ compensation appeal for lack of jurisdiction, where appellant failed to file a timely notice of appeal of order to be reviewed). To the extent that any of the appellant’s remaining issues relate to the order timely appealed and were preserved in the lower tribunal, we conclude that competent, substantial evidence in the record supports the JCC’s factual findings (including the finding that the parties reached a valid, binding settlement agreement), that the JCC correctly applied the law to the facts of record, and that the appellant has not met his burden to show an abuse of discretion.

This appeal is DISMISSED in part for lack of jurisdiction, and the JCC’s May 27, 2005, order denying relief is AFFIRMED in all respects.

BROWNING, C.J., WEBSTER and PADOVANO, JJ., concur.

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953 So. 2d 622, 2007 Fla. App. LEXIS 4479, 2007 WL 878994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rance-v-dr-horton-inc-fladistctapp-2007.

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