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...
