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Mitchell, v. Metro Dade

District Court of Appeal of Florida, First District
Jun 18, 2001
797 So. 2d 10 (Fla. Dist. Ct. App. 2001)

Summary

remanding for the Judge of Compensation Claims ("JCC") to afford claimant an opportunity to testify in person

Summary of this case from Miami-Dade County v. Mitchell

Opinion

No. 1D00-2341.

June 18, 2001.

An appeal from an Order of the Judge of Compensation Claims. Sylvia Medina-Shore, Judge.

C. Rory Schnepper, Esquire of Levine, Busch, Schnepper Stein, P.A., Miami and B. Ellen Schnepper, Esquire of Barbara E. Schnepper, P.A., Miami, for Appellant.

Robert A. Ginsburg, Miami-Dade County Attorney; Marilyn B. Strauss, Assistant County Attorney, Miami, for Appellees.


When this case was last before us, we remanded for reconsideration in light of Closet Maid v. Sykes, 763 So.2d 377 (Fla. 1st DCA 2000) (en banc). See Miami-Dade County v. Mitchell, 754 So.2d 773, 774 (Fla. 1st DCA 2000). On remand, a successor judge of compensation claims reviewed the written record and entered the order now under review. Claimant contends that she should have been allowed to testify in person before the judge of compensation claims since the order denying her claim reflects that the judge of compensation claims did not credit her hearing testimony. See Greenwell v. Bellsouth Telecomms., 732 So.2d 333, 333 (Fla. 1st DCA 1998); Palmieri v. NAACO, 677 So.2d 1310, 1311 (Fla. 1st DCA 1996); Harrington v. Vida Appliance Corp., 542 So.2d 1006, 1007 (Fla. 1st DCA 1988); Maddox v. Rinaldi's Expressway Lanes, 459 So.2d 421, 422 n. 1 (Fla. 1st DCA 1984); Rappoport v. American Hosp., 406 So.2d 1244, 1245 (Fla. 1st DCA 1981). See also Frazier v. Bay County, 781 So.2d 464, 464 (Fla. 1st DCA 2001); Hatcher v. St. Joe Paper Co., 603 So.2d 65, 66 (Fla. 1st DCA 1992); Carr v. Byers, 578 So.2d 347, 347-48 nn. 1-2 (Fla. 1st DCA 1991); Reaves v. Reaves, 546 So.2d 744, 745 (Fla. 1st DCA 1989); Anders v. Anders, 376 So.2d 439, 440 (Fla. 1st DCA 1979). Particularly since the record contained only a summary of the testimony adduced at the original hearing, we are constrained to reverse. On remand, the judge of compensation claims shall afford claimant an opportunity to testify in person.

REVERSED and REMANDED.

BENTON, VAN NORTWICK, and LEWIS, JJ., CONCUR.


Summaries of

Mitchell, v. Metro Dade

District Court of Appeal of Florida, First District
Jun 18, 2001
797 So. 2d 10 (Fla. Dist. Ct. App. 2001)

remanding for the Judge of Compensation Claims ("JCC") to afford claimant an opportunity to testify in person

Summary of this case from Miami-Dade County v. Mitchell
Case details for

Mitchell, v. Metro Dade

Case Details

Full title:Autheria MITCHELL, Appellant, v. METRO DADE and Risk Management for Dade…

Court:District Court of Appeal of Florida, First District

Date published: Jun 18, 2001

Citations

797 So. 2d 10 (Fla. Dist. Ct. App. 2001)

Citing Cases

Miami-Dade County v. Mitchell

This case has been before this court twice before. See Miami-Dade County v. Mitchell, 754 So.2d 773, 774…