Rivera v. Miami-Dade County School Board

District Court of Appeal of Florida

Rivera v. Miami-Dade County School Board

916 So. 2d 920, 2005 Fla. App. LEXIS 18418, 2005 WL 3095511

CourtDistrict Court of Appeal of Florida

DecidedNovember 21, 2005

DocketNo. 1D05-1597

StatusPublished

This text of 916 So. 2d 920 (Rivera v. Miami-Dade County School Board) 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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Rivera v. Miami-Dade County School Board, 916 So. 2d 920, 2005 Fla. App. LEXIS 18418, 2005 WL 3095511 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

Appellant appeals the Judge of Compensation Claims’ (“JCC”) denial of his motion requesting employer/carrier’s payment of his attorney’s fees, pursuant to sections 440.34(3)(a) and (b), Florida Statutes (1993). We affirm the JCC’s denial of appellant’s petition for attorney’s fees under section 440.34(3)(a) without further comment.

However, because the JCC failed to rule on whether claimant is entitled to attorney’s fees under section dJORJ^Xb),¹ we reverse. We have ruled that:

In cases in which the JCC fails to enter a ruling on a fully tried issue that is ripe for adjudication and does not reserve jurisdiction on the issue, this court will consider the absence of a ruling to constitute a denial of the claim only for jurisdictional purposes, and the order will, therefore, be deemed final and ap-pealable. As to the merits in such cases, this court will continue to consider the JCC’s failure to rule reversible error based on the JCC’s noncompliance with the duty to adjudicate all issues that are ripe for adjudication.

Betancourt v. Sears Roebuck & Co., 693 So.2d 680, 682 (Fla. 1st DCA 1997) (en banc); see also City of West Palm Beach Fire Dep’t v. Norman, 711 So.2d 628, 630 (Fla. 1st DCA 1998). We remand to the JCC for a determination of appellant’s entitlement to attorney’s fees under section 440.34(3)(b), Florida Statutes (1993).

AFFIRMED in part; REVERSED in part and REMANDED with directions.

ALLEN, VAN NORTWICK and POLSTON, JJ., concur.

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PER CURIAM.

Appellant appeals the Judge of Compensation Claims’ (“JCC”) denial of his motion requesting employer/carrier’s payment of his attorney’s fees, pursuant to sections 440.34(3)(a) and (b), Florida Statutes (1993). We affirm the JCC’s denial of appellant’s petition for attorney’s fees under section 440.34(3)(a) without further comment.

However, because the JCC failed to rule on whether claimant is entitled to attorney’s fees under section dJORJ^Xb),¹ we reverse. We have ruled that:

In cases in which the JCC fails to enter a ruling on a fully tried issue that is ripe for adjudication and does not reserve jurisdiction on the issue, this court will consider the absence of a ruling to constitute a denial of the claim only for jurisdictional purposes, and the order will, therefore, be deemed final and ap-pealable. As to the merits in such cases, this court will continue to consider the JCC’s failure to rule reversible error based on the JCC’s noncompliance with the duty to adjudicate all issues that are ripe for adjudication.

Betancourt v. Sears Roebuck & Co., 693 So.2d 680, 682 (Fla. 1st DCA 1997) (en banc); see also City of West Palm Beach Fire Dep’t v. Norman, 711 So.2d 628, 630 (Fla. 1st DCA 1998). We remand to the JCC for a determination of appellant’s entitlement to attorney’s fees under section 440.34(3)(b), Florida Statutes (1993).

AFFIRMED in part; REVERSED in part and REMANDED with directions.

ALLEN, VAN NORTWICK and POLSTON, JJ., concur.

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916 So. 2d 920, 2005 Fla. App. LEXIS 18418, 2005 WL 3095511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-v-miami-dade-county-school-board-fladistctapp-2005.

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