Opinion
No. 37544.
September 25, 1968. Rehearing Denied November 1, 1968.
Writ of Certiorari to the Florida Industrial Commission.
Rose Marlow, Miami, for petitioners.
Allen Clements, Donald F. Frost, Miami, Patrick H. Mears, Tallahassee, and J. Franklin Garner, Lakeland, for respondents.
By petition for a writ of certiorari we have for review an order of the Florida Industrial Commission bearing date April 26, 1968.
We find that oral argument would serve no useful purpose and it is therefore dispensed with pursuant to Florida Appellate Rule 3.10, subd. e, 32 F.S.A.
Our consideration of the petition, the record and briefs leads us to conclude that there has been no deviation from the essential requirements of law.
The petition is therefore denied.
The attorneys for the respondent Margaro Capeles are hereby awarded a fee in the amount of $250.00 for services in this Court.
It is so ordered.
DREW, THORNAL, ERVIN and HOPPING, JJ., concur.
CALDWELL, C.J., dissents with opinion.
The Judge of Industrial Claims dismissed the claim pursuant to Rules 3 and 11, Rules of the Florida Industrial Commission, for failure to prosecute. His order contains no findings of fact. The Full Commission reversed holding that the conduct of the parties precluded invoking Rules 3 and 11. In this the Full Commission erred. The cause should have been remanded to the deputy — the fact finder — to make a finding on waiver. Instead, the Full Commission has undertaken to review the record itself and make initial finding of fact to support its conclusion that Rules 3 and 11 were waived by conduct of the parties.