Betancourt v. Sears Roebuck & Co.

Citation693 So.2d 680
Decision Date08 May 1997
Docket NumberNo. 95-3582,95-3582
Parties22 Fla. L. Weekly D1189 . SEARS ROEBUCK & CO. and Kemper Insurance Company, Appellees. District Court of Appeal of Florida, First District
CourtCourt of Appeal of Florida (US)

ERVIN, Judge.

This court, pursuant to Florida Rule of Appellate Procedure 9.331, directs that this case be determined en banc in order to maintain uniformity of this court's decisions. The issue giving rise to the need for en banc determination is whether this court has jurisdiction to consider an appeal from an order wherein the judge of compensation claims (JCC) failed to rule on a claim that was ripe for adjudication and properly before him. We hold that under the circumstances presented, this court has jurisdiction to consider the appeal. Nevertheless, because the case law relating to this issue has not been clearly expressed, we establish the following guidelines to be applied to situations wherein rulings have been omitted from workers' compensation orders.

The order on appeal arose from a claim for temporary partial disability (TPD) benefits from December 18, 1993, through November 11, 1994. Although the JCC found that there was no competent, substantial evidence (CSE) to support the TPD claim for the period from December 18, 1993, through March 15, 1994, he nonetheless found CSE to support an award for the succeeding period from March 16 through October 15, 1994. While the JCC indicated in the order that benefits for the period from October 16 through November 11, 1994, were at issue, he made no ruling on that claim.

Due to the absence of an adjudication on a matured claim for disability benefits during the period from October 16 to November 11, 1994, this court issued an order to show cause why the case should not be dismissed for lack of jurisdiction in light of the holding in Emro Marketing v. Schwier, 670 So.2d 1141 (Fla. 1st DCA 1996). We also referred to Florida Rule of Appellate Procedure 9.110(m), and we allowed the JCC, without further leave of this court, to enter another order within the 30-day period of remand.

Instead of seeking an amended order from the JCC, claimant filed a response asserting that Emro Marketing is distinguishable, because the JCC in that case specifically reserved ruling on an issue that was ripe for adjudication, whereas, in the present case, the JCC made no ruling or reservation of jurisdiction. Claimant also points out that Emro Marketing followed a long line of cases holding that this court does not have jurisdiction to consider appeals from orders in which the JCC reserved jurisdiction on mature issues, and she cites Southern Wine & Spirits, Inc. v. Hernandez, 442 So.2d 1061 (Fla. 1st DCA 1983); Town of Palm Beach v. Watts, 426 So.2d 1312 (Fla. 1st DCA 1982); and Sheffield Steel Products v. Tripp, 433 So.2d 46 (Fla. 1st DCA 1983), as supporting authority.

Claimant contends that the outcome of the jurisdictional question is instead controlled by such cases as Dunn Lumber & Supply Co. v. Roy, 382 So.2d 51 (Fla. 1st DCA 1980); Estech General Chemicals Corp. v. Graham, 424 So.2d 138 (Fla. 1st DCA 1982); Washington Square Associates, Ltd. v. Bourne, 408 So.2d 809 (Fla. 1st DCA 1982); and Thomas v. T & T Trucking, 382 So.2d 449 (Fla. 1st DCA 1980). These cases stand for the proposition that when a ripe claim is presented, and the JCC fails to rule on it, the proper resolution is to reverse and remand the case for entry of an appropriate order, because the JCC failed his or her duty to adjudicate a ripe claim. Since this court reached the merits of the disputes in the above cases, they demonstrate that this court has jurisdiction over an appeal from an order which omits a ruling on a claim that was mature for adjudication.

Claimant also identifies in her response a third line of cases which holds that the absence of a ruling constitutes a waiver of the issue or a sub silentio denial, depending upon whether the claimant presented evidence in support of the claim at trial. For example, in Green Thumb Corp. v. Britten, 393 So.2d 613 (Fla. 1st DCA 1981), the claimant made a claim for reimbursement of travel expenses associated with medical treatment, but presented no evidence on the claim at the hearing, and the JCC made no ruling thereon in the order. Thereafter, claimant renewed her claim for mileage reimbursement, which the JCC allowed. In reversing, this court held in Green Thumb that because claimant had neither withdrawn the prior claim, nor sought a continuation of the hearing or a reservation of jurisdiction, the doctrine of res judicata barred the subsequent claim for mileage.

Claimant additionally refers to Buckhalter v. University of Florida, 411 So.2d 1327 (Fla. 1st DCA 1982), for the same principle of law. There the JCC failed to address several issues in the order that were properly before him and ripe for adjudication. This court reversed and remanded the case with directions for the JCC to enter an order determining the undecided issues for which evidence was produced at the hearing. The absence of a ruling as to the issues for which no evidence was presented at trial was deemed a rejection of the claim.

Because it is unclear how these three lines of cases impact a situation such as that at bar, once the JCC fails to rule on a ripe issue that claimant properly presented for adjudication, we set forth the following guidelines. In cases wherein a JCC expressly reserves jurisdiction on a fully tried issue that is ripe for adjudication, such reservation renders the order nonfinal and nonappealable. See Emro Marketing v. Schwier; Southern Wine & Spirits v. Hernandez; Town of Palm Beach v. Watts; Sheffield Steel Prods. v. Tripp. Consequently, an appeal from such an order will be dismissed for lack of jurisdiction. To the extent that cases such as Washington Square Associates, Ltd. suggest that such orders are final and appealable, we recede therefrom.

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 appealable. 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. See Dunn Lumber & Supply Co. v. Roy; Thomas v. T & T Trucking. See also Saddlebrook Resorts, Inc. v. Heath 686 So.2d 667 (Fla. 1st DCA 1996). To the extent that cases such as Estech General Chemicals Corp. suggest that other treatment is appropriate, such as certiorari review, we recede therefrom.

Finally, in regard to cases involving claims that are ripe for adjudication at the time of the hearing, for which claimant failed to produce evidence or obtain a ruling, this court will consider the claim abandoned and the issue waived, and will consider the order final and appealable. Any subsequent claim for the same benefits will be barred by the principle of res judicata. See, e.g., Green Thumb Corp. v. Britten. To the extent that Buckhalter v. University of Florida suggests that such claims are deemed denied, we recede therefrom.

In setting out the above guidelines, we note that all of the referenced omissions could have been remedied by motion for rehearing, provided that the motion and the ruling thereon are obtained within the 30-day time limit for...

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