Skinner v. Burnup

422 So. 2d 1076, 1982 Fla. App. LEXIS 21836
District Court of Appeal of Florida·Decided December 6, 1982·No. No. AL-34·Published·Cited by 1 cases

Opinion

PER CURIAM.

This court, sua sponte, dismisses Claimant’s Application for Review finding that the Order entered by the Deputy Commissioner on March 15, 1982 is not a final appealable order. That Order simply vacated a prior non-final order which had determined the Claimant’s average weekly wage based on the stipulation of the parties and reset the case for hearing for purposes of receiving additional evidence as to Claimant’s average weekly wage. As a result, we determine the order is not final and appeal-able. See, Mills Electrical Contractors v. Marthens, et al., 417 So.2d 700 (Fla. 1st DCA 1982); The Wash House v. Tucker, 413 So.2d 813 (Fla. 1st DCA 1982); General Electric Co. v. Hawkins, 413 So.2d 836 (Fla. 1st DCA 1982); Halphen v. Western Contracting Corp., 389 So.2d 1254 (Fla. 1st DCA 1980).

ERVIN, LARRY G. SMITH and SHIVERS, JJ., concur.

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Skinner v. Burnup, 422 So. 2d 1076, 1982 Fla. App. LEXIS 21836 (Fla. Ct. App. 1982).

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450 So. 2d 1167 (District Court of Appeal of Florida, 1984)