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COVA v. OSTFELD

District Court of Appeal of Florida, First District
Nov 26, 2008
994 So. 2d 1162 (Fla. Dist. Ct. App. 2008)

Opinion

No. 1D07-3552.

September 29, 2008. Rehearing Denied November 26, 2008.

An Appeal from an order of the Judge of Compensation Claims. Mary A. D'Ambrosio, Judge.

G. Bart Billbrough of Billbrough and Marks, for Appellants.

Rene Lopez of Fandio and Lopez, Miami, and Bonnie S. Satterfield of Bonnie S. Satterfield, P.A., Coral Springs, for Appellees.


Claimant and his current counsel seek reversal of the Judge of Compensation Claims' order awarding an attorneys fee to Claimant's former counsel to be paid by Claimant's current counsel. As grounds, they argue the JCC lacked jurisdiction to award the fee. We agree.

Claimant's former counsel dismissed in their entirety all petitions for benefits he had filed, citing as the basis for dismissal that "the issues have been resolved." When all claims asserted through a petition for benefits are dismissed, the JCC loses jurisdiction to address those claims. "Such dismissal divests a JCC of jurisdiction to take any further action in the case." See Perez v. Winn-Dixie, 639 So.2d 109, 111 (Fla. 1st DCA 1994); Rossi v. Dispatch Serv. Group, 513 So.2d 1369 (Fla. 1st DCA 1987); Randle-E. Ambulance Serv., Inc. v. Vasta, 360 So.2d 68 (Fla. 1st DCA 1978).

Because the JCC lacked jurisdiction to enter the order, the fee award is REVERSED.

BARFIELD, KAHN, and BENTON, JJ., concur.


Summaries of

COVA v. OSTFELD

District Court of Appeal of Florida, First District
Nov 26, 2008
994 So. 2d 1162 (Fla. Dist. Ct. App. 2008)
Case details for

COVA v. OSTFELD

Case Details

Full title:Roberto COVA and Raul de la Heria, Appellants, v. Evan M. OSTFELD…

Court:District Court of Appeal of Florida, First District

Date published: Nov 26, 2008

Citations

994 So. 2d 1162 (Fla. Dist. Ct. App. 2008)

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