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Savard v. Rio Vista Mgmt. Grp.

District Court of Appeal of Florida, First District.
Dec 10, 2013
129 So. 3d 1111 (Fla. Dist. Ct. App. 2013)

Opinion

No. 1D12–5265.

2013-12-10

Robert SAVARD, Appellant, v. RIO VISTA MANAGEMENT GROUP d/b/a McDonald's/USIS, Appellees.

An appeal from an order of the Judge of Compensation Claims. Geraldine B. Hogan, Judge. Kimberly A. Hill of Kimberly A. Hill, P.L., Fort Lauderdale and Mark A. Touby of Touby & Chait, P.L., Coral Gables, for Appellant. Diane H. Tutt of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., Hollywood, for Appellees.


An appeal from an order of the Judge of Compensation Claims. Geraldine B. Hogan, Judge.
Kimberly A. Hill of Kimberly A. Hill, P.L., Fort Lauderdale and Mark A. Touby of Touby & Chait, P.L., Coral Gables, for Appellant. Diane H. Tutt of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., Hollywood, for Appellees.

ON MOTION FOR REHEARING


PER CURIAM.

We grant in part Appellees' Motion for Rehearing, withdraw our original opinion dated August 22, 2013, and substitute this opinion in its place.

In this workers' compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) which denies his claim for permanent total disability benefits. In light of this Court's decision in Westphal v. City of St. Petersburg/St. Petersburg Risk Management & State of Florida, 122 So.3d 440 (Fla. 1st DCA 2013), we reverse the order and remand the case for further proceedings, in which the JCC may receive additional evidence. See City of Pensacola v. Capital Realty Holding Co., 417 So.2d 687, 688 (Fla. 1st DCA 1982) (“It is well settled that upon reversal and remand with general directions for further proceedings, a trial judge is vested with broad discretion in handling or directing the course of the cause thereafter.”).

REVERSED and REMANDED for further proceedings consistent with this opinion. BENTON, THOMAS, and CLARK, JJ., concur.


Summaries of

Savard v. Rio Vista Mgmt. Grp.

District Court of Appeal of Florida, First District.
Dec 10, 2013
129 So. 3d 1111 (Fla. Dist. Ct. App. 2013)
Case details for

Savard v. Rio Vista Mgmt. Grp.

Case Details

Full title:Robert SAVARD, Appellant, v. RIO VISTA MANAGEMENT GROUP d/b/a…

Court:District Court of Appeal of Florida, First District.

Date published: Dec 10, 2013

Citations

129 So. 3d 1111 (Fla. Dist. Ct. App. 2013)