Weaver v. Southern Bell, 95-1142

Decision Date31 December 1997
Docket NumberNo. 95-1142,95-1142
Citation703 So.2d 1213
Parties23 Fla. L. Weekly D197 Kathleen WEAVER, Appellant, v. SOUTHERN BELL and Bell South Insurance, Appellees.
CourtFlorida District Court of Appeals

Bill McCabe of Shepherd, McCabe & Cooley, Longwood, for Appellant.

Robert L. Teitler of Walton Lantaff Schroeder & Carson, Miami, for Appellees.

PER CURIAM.

The Judge of Compensation Claims (JCC) found that this workers' compensation claim was barred by the statute of limitations found at sections 440.19(2)(a) and (b), Florida Statutes (1979). Claimant's appellate counsel did not represent her at the hearing below. On appeal appellant raises five arguments to support her contention that the two-year statute of limitations has not run in this case. The JCC made findings concerning only one of these arguments, that being appellant's purported use of an arm sling. The JCC's findings that the appellees did not have actual knowledge of appellant's continued use of an arm sling so as to toll the statute of limitations is supported by competent substantial evidence. None of the other four arguments raised on this appeal were brought up before the JCC in any meaningful way. No theory of avoidance of the statute of limitations appears on the pretrial stipulation, and no argument concerning avoidance of the statute of limitations was offered for the JCC's consideration. This court is not "the tribunal of first resort on complex questions latent in the record but not substantially raised [below]." Sunland Hosp./State of Fla. v. Garrett, 415 So.2d 783 (Fla. 1st DCA 1982).

AFFIRMED.

KAHN, DAVIS and BENTON, JJ., concur.

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4 cases
  • Smurfit-Stone Container Corp. v. Taylor
    • United States
    • Florida District Court of Appeals
    • 1 Junio 2001
    ...as this issue was never presented to the JCC. See Univ. of W. Fla. v. Mixson, 752 So.2d 92 (Fla. 1st DCA 2000); Weaver v. Southern Bell, 703 So.2d 1213 (Fla. 1st DCA 1997). VAN NORTWICK and LEWIS, JJ., CONCUR; BENTON, J., CONCURS with opinion. BENTON, J., concurring. As written, section 440......
  • STATE, DEPT. OF LABOR/EMP. SEC. v. McGrath
    • United States
    • Florida District Court of Appeals
    • 15 Diciembre 2000
    ...We decline to reach this argument, however, because it was not raised in any meaningful manner below. See Weaver v. Southern Bell, 703 So.2d 1213 (Fla. 1st DCA 1997). While the argument was mentioned in the written "Closing Argument" filed by appellant's counsel after the final hearing, the......
  • University of West Florida v. Mixson
    • United States
    • Florida District Court of Appeals
    • 28 Febrero 2000
    ...that this issue was never presented to the judge of compensation claims, we will not consider it. See, e.g., Weaver v. Southern Bell, 703 So.2d 1213 (Fla. 1st DCA 1997) (an argument that has not been presented in any meaningful way to the judge of compensation claims will not be considered ......
  • FLA. DEPT. OF LABOR v. Boise Cascade Corp.
    • United States
    • Florida Supreme Court
    • 12 Julio 2001
    ...judge of compensation claims and since the record is devoid of evidence that would permit a meaningful review. See Weaver v. Southern Bell, 703 So.2d 1213 (Fla. 1st DCA 1997). Finally, Bowman has requested attorney's fees be awarded against the Department. The law is clear that there must b......

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