Thomas v. Eckerd Drugs, No. 1D07-5905.

• Court: Court of Appeal of Florida (US)
• Writing for the Court: Per Curiam
• Citation: 987 So.2d 1262
• Parties: Heidi THOMAS, Appellant, v. ECKERD DRUGS and AIG, Appellees.
• Decision Date: 15 August 2008
• Docket Number: No. 1D07-5905.

987 So.2d 1262 Heidi THOMAS, Appellant,
v.
ECKERD DRUGS and AIG, Appellees. No. 1D07-5905. District Court of Appeal of Florida, First District. August 15, 2008.

[987 So.2d 1263]

John W. Wesley of Wesley, McGrail & Wesley, Ft. Walton Beach; and David A. McCranie of David A. McCranie, P.A., Orange Park, for Appellant.

Mary L. Wakeman and Ashley N. Richardson of McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A., Tallahassee, for Appellees.

PER CURIAM.

Claimant challenges the JCC's summary final order entered after the JCC concluded Claimant's claim for a lumbar injury was barred by res judicata. The JCC concluded the claim was barred because Claimant had dismissed the claim before the March 31, 2005, merits hearing, and she believed the claim was ripe for adjudication at that time. For the reasons that follow, we reverse.

Florida Administrative Code Rule 60Q-6.120(1) permits a JCC to enter a summary final order when the order would be dispositive of the issues raised by the petition, and there are no genuine issues of material fact. See id.; Begley's Cleaning Serv. v. Costa, 913 So.2d 1244, 1245 (Fla. 1st DCA 2005). A JCC shall review the pleadings and depositions, together with affidavits, if any, to determine whether there are any genuine issues of material fact. See Fla. Admin. Code R. 60Q-6.120(2); Begley's Cleaning Serv., 913 So.2d at 1245. Issues considered dispositive, in relevant part, include whether the claim is barred by res judicata. See Fla. Admin. Code R. 60Q-6.120(1); Begley's Cleaning Serv., 913 So.2d at 1245.

In the absence of case law offering guidance regarding summary final orders, we evaluate the JCC's order using the summary judgment standard. A ruling on a motion for summary judgment is reviewed de novo. See Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126, 130 (Fla.2000). It is well-settled that, when reviewing a lower court's summary judgment ruling, an appellate court must draw all reasonable inferences in favor of the party opposing summary judgment. See e.g., Auto-Owners Ins. Co. v. Young, 978 So.2d 850 (Fla. 1st DCA 2008). Summary judgment should not be granted unless the facts are so crystallized that nothing remains but questions of law. See Spears v. Albertson's, Inc., 848 So.2d 1176 (Fla. 1st DCA 2003). If the evidence is conflicting, will permit different reasonable inferences, or tends to prove the issues, it should be submitted to the trier of fact. See generally Joyner v. Anderson Columbia, Co., Inc., 988 So.2d 60, 60-61, 2008 WL 2695138, at *1 (Fla. 1st DCA 2008); Aberdeen at Ormond Beach, L.P., 760 So.2d at 130; Schneider v. City of Jacksonville, 933 So.2d 601, 602 (Fla. 1st DCA 2006).

"As a general rule, piecemeal litigation of mature claims is no more permissible in workers' compensation cases than in civil litigation. If a merits hearing occurs and mature claims are not litigated, the claims are considered waived, and later litigation is precluded by application of the doctrine of res judicata." Correa v. Miami Airport Hilton, 813 So.2d 1070, 1070-71 (Fla. 1st DCA 2002) (quoting Boynton Landscape v. Dickinson, 752 So.2d 1236, 1237 (Fla. 1st DCA 2000) (citing, e.g., Artigas v. Winn Dixie Stores, Inc., 622 So.2d 1346 (Fla. 1st DCA 1993))).

However, where a claim is based on newly discovered evidence, it cannot...