JACKSONVILLE SHERIFF'S OFFICE/CITY OF JACKSONVILLE RISK MANAGEMENT, APPELLANTS,
v.
GERALD SMITH, APPELLEE
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Upon review of Appellants’ response to this Court’s show cause order entered June 1, 2011, the Court DISMISSES this appeal for lack of jurisdiction. In the order, the Judge of Compensation Claims (JCC) found the statute of limitations did not bar Claimant’s petition for benefits and indicates all other issues will be heard at a subsequent proceeding. Accordingly, the order is not a final order because it does not dispose of all matters presented to the JCC for adjudication. See, e.g., Emro Marketing v. Schwier, 670 So.2d 1141 (Fla. 1st DCA 1996); Bradley v. Hurricane Restaurant, 652 So.2d 443 (Fla. 1st DCA 1995). Further, the order is not an ap-pealable non-final order because it does not contain the certification required by Florida Rule of Appellate Procedure 9.180(b)(1)(C). See, e.g., Landry v. AMS Staff Leasing, 993 So.2d 1071 (Fla. 1st DCA 2008); Sun Sentinel & Tribune Co. v. Petrovich, 744 So.2d 1056 (Fla. 1st DCA 1999); Cadco Builders, Inc. v. Roberts, 712 So.2d 457 (Fla. 1st DCA 1998). Cf. City of Fort Lauderdale v. St. Louis, 917 So.2d 224 (Fla. 1st DCA 2005).
WOLF, THOMAS, and CLARK, JJ., concur.
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Citator
Cited By
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Estes v. Palm Beach Cnty. Sch. Dist. (Fla. 1st DCA 2026)…JCC finds an accident occurred within the course and scope of employment, benefits are due of some nature, and that determination of those benefits will require substantial [*36] Jacksonville Sheriff's Off./City of Jacksonville Risk Mgmt. v. Smith, 66 So. 3d 410, 410 (Fla. 1st DCA 2011) (dismissing the appeal of a nonfinal order rendered in phase I of a bifurcated merits hearing for lack of jurisdiction because it did not dispose of all matters presented to the JCC for adjudication and did not include the c…
Authorities Cited
- SUN Sentinel & Tribune Co. v. Rhina Petrovich, 744 So. 2d 1056 (Fla. 1st DCA 1999)
- Bradley v. The Hurricane Rest. & Associated Indus. of Fla. Prop. & Cas. Tr., 652 So. 2d 443 (Fla. 1st DCA 1995)
- Wilson v. State, 712 So. 2d 457 (Fla. 3d DCA 1998)
- Emro Mktg. & Frank Gates Serv. Co. v. Schwier, 670 So. 2d 1141 (Fla. 1st DCA 1996)
- Cadco Builders, Inc. v. Roberts, 712 So. 2d 457 (Fla. 1st DCA 1998)
- Landry v. AMS Staff Leasing, 993 So. 2d 1071 (Fla. 1st DCA 2008)
- The City OF Fort Lauderdale & Gallagher Bassett Servs., Inc. v. Menisier ST. Louis, 917 So. 2d 224 (Fla. 1st DCA 2005)
- Rosi Viana v. Jackson Mem'l Hosp. & Miami-Dade Risk Mgmt., 917 So. 2d 224 (Fla. 1st DCA 2005)