From Casetext: Smarter Legal Research

Eaton v. City of Winter Haven

District Court of Appeal of Florida, First District
Nov 7, 2011
73 So. 3d 363 (Fla. Dist. Ct. App. 2011)

Opinion

No. 1D11–2988.

2011-11-7

Scott EATON, Appellant, v. CITY OF WINTER HAVEN and PGCS, Appellees.

An appeal from an order of the Judge of Compensation Claims. Joseph Murphy, Judge.Bradley Guy Smith of Smith, Feddeler, Smith & Miles, P.A., Lakeland, and Richard W. Ervin, III, of Fox & Loquasto, P.A., Tallahassee, for Appellant. George A. Helm, III, of George A. Helm, P.A., Lake Mary, for Appellees.


An appeal from an order of the Judge of Compensation Claims. Joseph Murphy, Judge.Bradley Guy Smith of Smith, Feddeler, Smith & Miles, P.A., Lakeland, and Richard W. Ervin, III, of Fox & Loquasto, P.A., Tallahassee, for Appellant. George A. Helm, III, of George A. Helm, P.A., Lake Mary, for Appellees.

Upon review of Appellant's response to this Court's show cause order entered June 22, 2011, the Court dismisses this appeal for lack of jurisdiction. In the order on appeal, the Judge of Compensation Claims (JCC) awarded permanent total disability benefits but declined to address the claim for psychiatric treatment, instead appointing an expert medical advisor to resolve differences in the medical opinions as to the proper diagnosis and its relationship to the workplace accident. Accordingly, the order is not a final order because it does not dispose of all matters presented to the JCC for adjudication. See, e.g., Emro Marketing v. Schwier, 670 So.2d 1141 (Fla. 1st DCA 1996); Bradley v. Hurricane Restaurant, 652 So.2d 443 (Fla. 1st DCA 1995).

DISMISSED.

DAVIS, VAN NORTWICK, and ROWE, JJ., concur.


Summaries of

Eaton v. City of Winter Haven

District Court of Appeal of Florida, First District
Nov 7, 2011
73 So. 3d 363 (Fla. Dist. Ct. App. 2011)
Case details for

Eaton v. City of Winter Haven

Case Details

Full title:SCOTT EATON, Appellant, v. CITY OF WINTER HAVEN and PGCS, Appellees

Court:District Court of Appeal of Florida, First District

Date published: Nov 7, 2011

Citations

73 So. 3d 363 (Fla. Dist. Ct. App. 2011)