Rinker Materials Corp. v. Rodriguez

District Court of Appeal of Florida

Rinker Materials Corp. v. Rodriguez

701 So. 2d 674, 1997 Fla. App. LEXIS 13308, 1997 WL 730323

CourtDistrict Court of Appeal of Florida

DecidedNovember 26, 1997

DocketNo. 96-520

StatusPublished

This text of 701 So. 2d 674 (Rinker Materials Corp. v. Rodriguez) 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.

Bluebook

Rinker Materials Corp. v. Rodriguez, 701 So. 2d 674, 1997 Fla. App. LEXIS 13308, 1997 WL 730323 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

The threshold question in this case is whether a claim for benefits was filed with the Division of Workers’ Compensation before the statute of limitations ran. Surprisingly, the judge of compensation claims found that Mr. Rodriguez’ attorney had timely filed a claim for benefits. It is not at all clear that such a claim was ever filed with the Division, and the record contains not a shred of evidence that anybody filed a claim for benefits for Mr. Rodriguez within the time allowed.

Reversed.

BARFIELD, C.J., and ERVIN and BENTON, JJ., concur.

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PER CURIAM.

The threshold question in this case is whether a claim for benefits was filed with the Division of Workers’ Compensation before the statute of limitations ran. Surprisingly, the judge of compensation claims found that Mr. Rodriguez’ attorney had timely filed a claim for benefits. It is not at all clear that such a claim was ever filed with the Division, and the record contains not a shred of evidence that anybody filed a claim for benefits for Mr. Rodriguez within the time allowed.

Reversed.

BARFIELD, C.J., and ERVIN and BENTON, JJ., concur.

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Bluebook (online)

701 So. 2d 674, 1997 Fla. App. LEXIS 13308, 1997 WL 730323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rinker-materials-corp-v-rodriguez-fladistctapp-1997.