CINDY LANGEVIN, APPELLANT,
v.
FIRST UNION NATIONAL BANK AND ACE/ESIS, APPELLEES
CINDY LANGEVIN, APPELLANT,
FIRST UNION NATIONAL BANK AND ACE/ESIS, APPELLEES
60 So. 3d 426
Florida District Court of Appeal, First District (2011)
Positive Treatment
Cited by 4 cases
Opinion of the Court
In this workers’ compensation case, Claimant appeals from an order of the Judge of Compensation Claims (JCC) denying permanent total disability benefits. Although the JCC erred in finding the claim was barred by the doctrines of res judicata and law of the case, we nevertheless affirm the order on the merits because the JCC properly found Claimant failed to satisfy the five-step sequential inquiry used to establish catastrophic injury under section 440.15(l)(b), Florida Statutes. See, e.g., Butler v. City of Jacksonville, 980 So.2d 1250, 1252 (Fla. 1st DCA 2008).
AFFIRMED.
KAHN, THOMAS, and ROWE, JJ., concur.
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Scott v. Francati, 214 So. 3d 742 (Fla. 1st DCA 2017)…o. 3d 299 (Fla. 4th DCA 2012) (granting a writ of prohibition where it was undisputed that the plaintiffs failed to comply with a statutory. requirement to bring a suit to challenge a tax assessment): DHL Express (USA), Inc. v. State, ex rel. Grupp, 60 So. 3d 426, 428 (Fla. 1st DCA 2011) (granting a writ of prohibition where there was no disputed issue of fact and it was clear that the court lacked subject matter jurisdiction over the proceeding). On the other hand, when the question of the trial court’s jur…
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Godfrey v. Reliance Wholesale, Inc., 68 So. 3d 930 (Fla. 3d DCA 2011)…bition. We agree with the petitioner that we may grant a writ of prohibition where there are no disputed issues of fact and the circuit court is poised to proceed without subject matter jurisdiction. DHL Express (USA), Inc. v. State, ex rel. Grupp, 60 So. 3d 426, 428 (Fla. 1st DCA 2011); Am. Mar. Officers Union v. Merriken, 981 [*932] So. 2d 544, 547 (Fla. 4th DCA 2008). Unless the petitioner can show, however, that (1) there are no disputed facts and (2) the circuit court lacked subject matter jurisdiction…
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- Graymond Butler v. City OF Jacksonville, 980 So. 2d 1250 (Fla. 1st DCA 2008)