Dunn Lumber & Supply Co. v. Roy, QQ-57

Decision Date18 February 1980
Docket NumberNo. QQ-57,QQ-57
Citation382 So.2d 51
CourtFlorida District Court of Appeals
PartiesDUNN LUMBER & SUPPLY COMPANY and Iowa National Mutual Insurance Company, Appellants, v. Gary Robert ROY, Appellee.

Robert J. Felice of Akerman, Senterfitt & Eidson, Orlando, for appellants.

Sylvan A. Wells of Stern & Wells, Daytona Beach, for appellee.

PER CURIAM.

This appeal from an order of the judge of industrial claims presents five issues. After carefully considering the briefs and record, we affirm the order to the extent that it found the appellee sustained a compensable accident, and further affirm the award of medical fees, costs, and the appellee's entitlement to a reasonable attorney's fee.

However, we do find error in failure to rule on the issue of appellee's entitlement to temporary disability benefits. The record indicates that temporary disability benefits were claimed, included in the application for hearing, and presented for adjudication at the hearing below. The judge of industrial claims had a duty to adjudicate the issue of appellee's entitlement to temporary disability benefits since it was properly presented and ripe for disposition. Deauville Hotel v. Weaver, 8 FCR 87, cert. denied, 283 So.2d 565 (Fla.1973).

Accordingly, the order is affirmed in part and reversed in part and remanded to the judge for further consideration and proceedings consistent with this opinion.

SHAW and WENTWORTH, JJ., concur.

BOOTH, J., dissents.

BOOTH, Judge, dissenting.

I dissent from this court's retention of jurisdiction in this case, which arose outside the territorial jurisdiction of the court. See Crews v. Town of Bay Harbor, 378 So.2d 1265 (Fla. 1st DCA 1979).

On the merits, I would concur in the majority's opinion.

ON MOTION FOR CLARIFICATION

PER CURIAM.

Appellants' motion for clarification is addressed to the opinion filed on February 18, 1980, wherein the order appealed was "affirmed in part and reversed in part and remanded to the judge for further consideration. . . ." Such "further consideration" shall be upon the existing record, and the opinion of February 18, 1980, is hereby amended to so reflect.

As amended, the opinion heretofore filed is affirmed and the cause remanded for further consideration upon the existing record.

SHAW and WENTWORTH, JJ., concur.

BOOTH, J., dissents.

BOOTH, Judge, dissenting.

I dissent from this court's retention of jurisdiction in this case, which...

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5 cases
  • Betancourt v. Sears Roebuck & Co.
    • United States
    • Florida District Court of Appeals
    • May 8, 1997
    ...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. Bour......
  • Famous Amos v. Weil, 93-3501
    • United States
    • Florida District Court of Appeals
    • December 15, 1994
    ...rev. denied, 418 So.2d 1278 (Fla.1982); Westberry v. Copeland Sausage Co., 389 So.2d 1214 (Fla. 1st DCA 1980); Dunn Lumber & Supply Co. v. Roy, 382 So.2d 51 (Fla. 1st DCA), cert. denied, 389 So.2d 1109 (Fla.1980). We AFFIRM without discussion all other issues on appeal not involving appella......
  • Buckhalter v. University of Florida, ZZ-418
    • United States
    • Florida District Court of Appeals
    • February 16, 1982
    ...The deputy commissioner has a duty to adjudicate issues which are properly presented and ripe for adjudication. Dunn Lumber & Supply Co. v. Roy, 382 So.2d 51 (Fla. 1st DCA 1980).2 Vargas v. Americana of Bal Harbour, 345 So.2d 1052 (Fla.1977).3 § 440.13, Florida Statutes.4 See Green Thumb v.......
  • Washington Square Associates, Ltd. v. Bourne
    • United States
    • Florida District Court of Appeals
    • January 18, 1982
    ...ripe for adjudication, and the deputy erred by retaining jurisdiction and failing to dispose of these issues. Dunn Lumber & Supply Co. v. Roy, 382 So.2d 51 (Fla. 1st DCA 1980). The deputy has also failed to include a decretal clause in his order, and has not otherwise settled the rights or ......
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