South Atlantic S.S. Co. of Delaware v. Tutson

• Decision Date: 21 July 1939
• Citation: South Atlantic S.S. Co. of Delaware v. Tutson, 190 So. 675, 139 Fla. 405 (Fla. 1939)
• Parties: SOUTH ATLANTIC S. S. CO. OF DELAWARE v. TUTSON et al.
• Court: Florida Supreme Court

190 So. 675

139 Fla. 405

SOUTH ATLANTIC S. S. CO. OF DELAWARE v. TUTSON et al.

Florida Supreme Court

July 21, 1939

Proceeding under the Workmen's Compensation Act by Sumpter Tutson and Katie May Tutson, claimants, against the South Atlantic Steamship Company of Delaware. From a judgment of the circuit court reversing an order of the Industrial Commission denying claimant an award, the South Atlantic Steamship Company of Delaware appeals. On claimants' motion to dismiss appeal.

Appeal dismissed. Appeal from Circuit Court, Duval County; Miles W. Lewis, judge.

COUNSEL

Kay Ragland & Kurz, of Jacksonville, for appellant.

A. H Rothstein, of Jacksonville, for appellees.

Bedell & Bedell, of Jacksonville, and Whitfield & Whitfield, of Tallahassee, amici curiae.

This proceeding originated before the Florida Industrial Commission claiming benefits under the 'Florida Workmen's Compensation Act' for the death of Lee Tutson on July 28, 1937. The commission on March 31, 1938 entered its order denying the claim. Appeal was then taken to the Circuit Court for Duval County, Florida, and on September 27, 1938, an order was entered reversing the order of the Florida Industrial Commission. Thereafter, on October 21, 1938, the employer filed Notice and Entry of Appeal to this Court. The appellees have filed motion to dismiss this appeal on the ground that the Supreme Court is not vested with such appellate jurisdiction.

The following provisions of the Florida Constitution and statutes are pertinent to the discussion:

'The judicial power of the State shall be vested in a Supreme Court, Circuit Courts, Court of Record of Escambia County, Criminal Courts, County Courts, County Judges, and Justices of the Peace and such other Courts or Commissions as the Legislature may from time to time ordain and establish. The Legislature may prescribe the compensation of the Justices and judges of the several courts, but no court heretofore established under the Constitution and laws of Florida shall be hereby abolished. (Amended, Joint Resolution 547, Acts 1913; adopted at general election, 1914.)' Sec. 1, Art. 5, Constitution.

'The Supreme Court shall have appellate jurisdiction in all cases at law and in equity originating in Circuit Courts, and of appeals from the Circuit Courts in cases arising before Judges of the County Courts in matters pertaining to their probate jurisdiction and in the management of the estates of infants, and in cases of conviction of felony in the criminal courts, and in all criminal cases originating in the Circuit Courts. The Court shall have the power to issue writs of mandamus, certiorari, prohibition, quo warranto, habeas corpus, and also all writs necessary or proper to the complete exercise of its jurisdiction. Each of the Justice shall have power to issue writs of habeas corpus to any part of the State upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or any Justice thereof, or before any Circuit Judge.' Sec. 5, Art. V. Constitution.

'The Circuit Courts shall have exclusive original jurisdiction in all cases in equity, also in all cases at law, not cognizable by inferior courts, and in all cases involving the legality of any tax, assessment, or toll; of the action of ejectment and of all actions involving the titles of boundaries of real estate, and of all criminal cases not cognizable by inferior courts; and original jurisdiction of actions of forcible entry and unlawful detainer, and of such other matters as the Legislature may provide. They shall have final appellate jurisdiction in all civil and criminal cases arising in the County Court, or before the County Judge, of all misdemeanors tried in Criminal Courts, of judgments or sentences of any Mayor's Court, and of all cases arising before Justices of the Peace in counties in which there is no County Court; and supervision and appellate jurisdiction of matters arising before County Judges pertaining to their probate jurisdiction, or to the estates and interests of minors, and of such other matters as the Legislature may provide. The Circuit Courts and Judges shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, prohibition, habeas corpus and all writs proper and necessary to the complete exercise of their jurisdiction.' Sec. 11, Art. V, Constitution.

'Section 11. * * * Section 25, Chapter 17481, Acts of 1935, * * * is hereby amended to read as follows:

'Procedure In Respect Of Claims.

"Section 25. (a) Subject to the provisions of Section 19, a claim for compensation may be filed with the Commission in accordance with regulations preseribed by the Commission at any time after the first seven days of disability following any injury, or at any time after the death, and the Commission shall have full power and authority to hear and determine all questions in respect of such claims.

"(b) Within ten days after such claim is filed the Commission, in accordance with regulations prescribed by it, shall notily the employer and any other person (other than the claimant), whom the Commission considers an interested party, that a claim has been filed. Such notice may be served personally upon the employer or other person, or sent to such employer or person by registered mail.

"(c) The Commission shall make or cause to be made such investigations as it considers necessary in respect of the claim, and upon application of any interested party shall order a hearing thereof. If a hearing on such claim is ordered, the Commission shall give the claimant and other interested parties at least ten days' notice of such hearing served personally upon the claimant and other interested parties by registered mail.

"The hearing shall be held in the county where the injury occurred, if the same occurred in this State, unless otherwise agreed to between the parties and authorized by the Commission. If the injury occurred without the State of Florida, and is one for which compensation is payable under this Act, then the hearing above referred to may be held in the county of the employer's residence or place of business, or in any other county of the state which will, in the discretion of the Commission, be the most convenient for a hearing. The hearing may be conducted by a deputy commissioner, or by any member of the Commission, who shall within twenty days after such hearing determine the dispute in a summary manner.

"The award, together with a statement of the findings of fact and other matters pertinent to the questions at issue shall be filed with the record of the proceedings, and a copy of the award shall be immediately sent to the parties at dispute.

"If an application for review is made to the Commission within seven days from the date of notice of the award, the full Commission shall review the evidence or, if deemed advisable, as soon as practicable hear the parties at issue, their representatives and witnesses, and shall make an award and file the same in like manner as specified in the foregoing, together with its rulings of law in the premises. A copy of the award so made on the review shall immediately be sent to the parties at dispute. The full Commission may remand to a single commissioner any case before the full Commissioner for review for the purpose of taking additional evidence. Said evidence shall be delivered to the full Commission and shall be taken into account before rendering any decision or award in such case.

"(d) At such hearing the claimant and the employer may each present evidence in respect of such claim and may be represented by any person authorized in writing for such purpose.

"(e) The order rejecting the claim or making the award (referred to in this Act as a compensation order) shall be filed in the office of the Commission and a copy thereof shall be sent by registered mail to the claimant and to the employers at the last known address of each.

"(f) An award of compensation for disability may be made after the death of an injured employee.

"(g) An injured employee claiming or entitled to compensation shall submit to such physicial examination by a duly qualified physician designated or approved by the Commission as the Commission may require. The place or places shall be reasonably convenient for the employee. Such physician or physicians as the employee, employer or carrier may select and pay for may participate in an examination if the employee, employer or carrier so requests. Proceedings shall be suspended and no compensation to payable for any period during which the employee may refuse to submit to examination. Any interested party shall have the right in any case of death to require an autopsy, the cost thereof to be borne by the party requesting it; and the Commission shall have authority to order and require an autopsy and may in its discretion withhold its findings and awards until an autopsy is held." Sec. 11, Ch. 18413, Acts 1937.

'Section 12. * * * Section 27, Chapter 17481, Acts of 1935, * * * is hereby amended to read as follows:

'Review Of Compensation Orders

"Section 27. (a) A compensation order shall become effective when filed in the office of the Commission as provided in Section 25 and, unless reversed or modified on appeal as provided in subdivision (b) of this Section shall become final at the expiration of the thirtieth day thereafter.

"(b) If not in accordance with law, the compensation order, upon appeal taken by any party in interest within thirty days after the compensation order is filed, may be reversed or modified by the Circuit Court for the Second Judicial District, or at the election of either litigant by the Circuit Court for the County where the...