Opinion
No. 1D06-0452.
January 9, 2007. Rehearing Denied February 16, 2007.
An appeal from the Judge of Compensation Claims. Joseph Murphy, Judge.
E. Douglas Spangler, Jr., of Arrick, Peacock, Hodges Wiener, Tampa, for Appellants.
Mark N. Tipton, of Daniel L. Hightower, P.A., Ocala, for Appellee.
Upon consideration of the employer/carrier's (E/C) response to this court's order to show cause dated December 4, 2006, the court has determined that the order on appeal is not a reviewable adverse order. See Crown Pontiac, Inc. v. Bell, 547 So.2d 290 (Fla. 2d DCA 1989). If, in the future, claimant files another petition for benefits seeking benefits from the E/C, the E/C may assert their affirmative defense of misrepresentation at that time.
DISMISSED.
WOLF, LEWIS, and THOMAS, JJ., concur.