HOWARD BREWER, D/B/A BREWER REALTY, APPELLANT,
v.
BIBLE CHRISTIAN CHURCH, INC., FORMERLY KNOWN AS PENSACOLA CHRISTIAN CHURCH, INC., APPELLEE

Fla. 1st DCA | 1982-06-28
No. AH-364
BOOTH, WENTWORTH and WIGGIN-TON, JJ., concur.
415 So. 2d 886 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The court cannot review by appeal an order of the circuit court entered in the exercise of its appellate jurisdiction. Article V, Section 4(b)(1), Florida Constitution. However, we may elect and have elected to treat the proceeding as a petition for common law certiorari. Petterson v. Nelson, 269 So. 2d 22 (Fla. 4th DCA 1972). Because we find that the essential requirements of law have not been violated, certiorari is denied.

BOOTH, WENTWORTH and WIGGIN-TON, JJ., concur.


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  • Allied Parcel Delivery & CNA Ins. Co. v. Dixon, 466 So. 2d 439 (Fla. 1st DCA 1985)
    …ies stipulated no medical benefits were claimed, the E/C contend the deputy had no authority to find Dr. Nadel authorized to treat Dixon. Normally, a deputy has no authority to exceed the agreed scope of a hearing. Scott Smith Oldsmobile v. Hoffard, 415 So. 2d 886 (Fla. 1st DCA 1982). In this case, however, the record indicates Dixon’s counsel stated at the beginning of the hearing that his client was seeking medical benefits. Counsel for the E/C did not object before the order became final. Thus, the E/C ac…
  • Brown v. Broward Minority Builders Coal., Inc., 431 So. 2d 230 (Fla. 1st DCA 1983)
    …nt with Dr. Lusskin and Dr. Still-man, since these issues were beyond the agreed scope of the hearing. See Pompano Roofing Company v. O'Neal, 410 So. 2d 971 (Fla. 1st DCA 1982); Scott Smith Oldsmobile and Lynn Underwriting Company v. Edward Hoffard, 415 So. 2d 886, 1982 FLW 1441 (Fla. 1st DCA 1982); Leeds Shoes v. Cucuzza, 429 So. 2d 401 (Fla. 1st DCA 1983). The order appealed is therefore amended so as to delete the language denying payment for medical treatment incurred by the claimant with Dr. Bret Lussk…
  • Lawrence v. Aquarius Sales & Serv., Inc., 30 So. 3d 690 (Fla. 1st DCA 2010)
    …gree that Claimant’s PIR was not at issue. A JCC may not rule on issues which are beyond the scope of the hearing, and in the circumstances of this case it was therefore error to make a finding on the issue of PIR. Scott Smith Oldsmobile v. Hoffard, 415 So. 2d 886 (Fla. 1st DCA 1982). Booher v. Perkins Rest. & Bakery, 11 So. 3d 1008 (Fla. 1st DCA 2009). We hereby modify the order on appeal by striking the JCC’s findings regarding [*691] Claimant’s PIR. See e.g., Belly Acres, Inc. v. Frankel, 412 So. 2d 48 (Fl…

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