Longley v. Miami-Dade Cnty. Sch. Bd., No. 1D11–1467.

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM.
Citation82 So.3d 1098
PartiesLula LONGLEY, Appellant, v. MIAMI–DADE COUNTY SCHOOL BOARD and Gallagher Bassett Svcs., Appellees.
Docket NumberNo. 1D11–1467.
Decision Date29 March 2012

82 So.3d 1098

Lula LONGLEY, Appellant,
v.
MIAMI–DADE COUNTY SCHOOL BOARD and Gallagher Bassett Svcs., Appellees.

No. 1D11–1467.

District Court of Appeal of Florida, First District.

Feb. 2, 2012.Rehearing Denied March 29, 2012.


[82 So.3d 1099]

William F. Souza of the Law Offices of William F. Souza, P.A., North Miami Beach, for Appellant.

Kimberly J. Fernandes of Kelley, Kronenberg, Gilmartin, Fichtel, Wander, Bamdas, Eskalyo & Dunbrack, P.A., Fort Lauderdale, for Appellees.

PER CURIAM.

In this workers' compensation case, Claimant appeals an order of the Judge of Compensation Claims (JCC) denying benefits on the ground the statute of limitations had run. Claimant asserts five distinct arguments for reversal; one has merit and, because it is dispositive, we need not address the other four.

FACTS

The facts of this case are undisputed. On March 30, 2009, prior to the final adjudication of all claims raised in a pending 2003 petition for benefits (PFB), Claimant filed another PFB seeking an appointment with an authorized orthopedist (specifically, either Dr. Brown or Dr. Hyde, both authorized in the past), and costs and attorney's fees. The Employer/Carrier (E/C) filed a response asserting that it had set an appointment with Dr. Hyde, and defending against the costs and fees as not due or owing. Claimant attended the scheduled appointment on April 24, 2009.

On July 22, 2009, both parties' counsel requested cancellation of a mediation set for July 23, 2009; their letter to the mediator states, in part:

The issue in that PFB was over the authorization and scheduling of an orthopedic appointment for the claimant with her authorized doctor, and that has since taken place and been resolved. Accordingly, there are no other outstanding issues other than attorney's fees and costs, over which jurisdiction remains reserved in the JCC.

The mediation was cancelled.

On March 3, 2010, Claimant filed a second PFB, seeking authorization of an “alternative orthopedist” or, “if carrier denies the request for the alternative,” a follow-up appointment with Dr. Hyde, as well as penalties, interest, costs, and attorney's fees. In response, the E/C denied the entire claim as barred by the statute of limitations. In the order on appeal, the JCC agreed with the E/C that the statute of limitations barred the claim, reasoning in part that the 2009 PFB was no longer pending because the letter to the mediator “indicat[ed] a resolution of the issues” in that PFB and, therefore, the...

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9 practice notes
  • v. Limith, No. 1D13–5357.
    • United States
    • Court of Appeal of Florida (US)
    • June 9, 2014
    ...See Black v. Tomoka State Park, 106 So.3d 973 (Fla. 1st DCA 2013) (reaffirming rule set forth in Longley v. Miami–Dade Cnty. Sch. Bd., 82 So.3d 1098 (Fla. 1st DCA 2012), that pending claims asserted via PFB for attorney's fees and costs toll statute of limitations). The E/C, however, failed......
  • v. Limith, CASE NO. 1D13-5357
    • United States
    • Court of Appeal of Florida (US)
    • June 9, 2014
    ...See Black v. Tomoka State Park, 106 So. 3d 973 (Fla 1st DCA 2013) (reaffirming rule set forth in Longley v. Miami-Dade Cnty. Sch. Bd., 82 So. 3d 1098 (Fla. 1st DCA 2013), that pending claims asserted via PFB for attorney's fees and costs toll statute of limitations). The E/C, however, faile......
  • v. Limith, CASE NO. 1D13-5357
    • United States
    • Court of Appeal of Florida (US)
    • June 9, 2014
    ...See Black v. Tomoka State Park, 106 So. 3d 973 (Fla 1st DCA 2013) (reaffirming rule set forth in Longley v. Miami-Dade Cnty. Sch. Bd., 82 So. 3d 1098 (Fla. 1st DCA 2013), that pending claims asserted via PFB for attorney's fees and costs toll statute of limitations). The E/C, however, faile......
  • Hosps. E., LLC v. Hampton, 1D20-2961
    • United States
    • Court of Appeal of Florida (US)
    • November 10, 2021
    ...v. Tomoka State Park, 106 So.3d 973, 974 (Fla. 1st DCA 2013) ("[T]he same rule [as in Longley v. Miami-Dade County School Board, 82 So.3d 1098 (Fla. 1st DCA 2012)] applies: pending claims asserted via PFB-even claims for fees and costs- toll the statute of limitations."). On de no......
  • Request a trial to view additional results
9 cases
  • v. Limith, No. 1D13–5357.
    • United States
    • Court of Appeal of Florida (US)
    • June 9, 2014
    ...See Black v. Tomoka State Park, 106 So.3d 973 (Fla. 1st DCA 2013) (reaffirming rule set forth in Longley v. Miami–Dade Cnty. Sch. Bd., 82 So.3d 1098 (Fla. 1st DCA 2012), that pending claims asserted via PFB for attorney's fees and costs toll statute of limitations). The E/C, however, failed......
  • v. Limith, CASE NO. 1D13-5357
    • United States
    • Court of Appeal of Florida (US)
    • June 9, 2014
    ...See Black v. Tomoka State Park, 106 So. 3d 973 (Fla 1st DCA 2013) (reaffirming rule set forth in Longley v. Miami-Dade Cnty. Sch. Bd., 82 So. 3d 1098 (Fla. 1st DCA 2013), that pending claims asserted via PFB for attorney's fees and costs toll statute of limitations). The E/C, however, faile......
  • v. Limith, CASE NO. 1D13-5357
    • United States
    • Court of Appeal of Florida (US)
    • June 9, 2014
    ...See Black v. Tomoka State Park, 106 So. 3d 973 (Fla 1st DCA 2013) (reaffirming rule set forth in Longley v. Miami-Dade Cnty. Sch. Bd., 82 So. 3d 1098 (Fla. 1st DCA 2013), that pending claims asserted via PFB for attorney's fees and costs toll statute of limitations). The E/C, however, faile......
  • Hosps. E., LLC v. Hampton, 1D20-2961
    • United States
    • Court of Appeal of Florida (US)
    • November 10, 2021
    ...v. Tomoka State Park, 106 So.3d 973, 974 (Fla. 1st DCA 2013) ("[T]he same rule [as in Longley v. Miami-Dade County School Board, 82 So.3d 1098 (Fla. 1st DCA 2012)] applies: pending claims asserted via PFB-even claims for fees and costs- toll the statute of limitations."). On de no......
  • Request a trial to view additional results

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