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Phillips v. Armellini Express Lines

District Court of Appeal of Florida, First District
Nov 27, 1985
478 So. 2d 888 (Fla. Dist. Ct. App. 1985)

Opinion

No. BC-404.

November 27, 1985.

Appeal from order of Deputy Commissioner Lawrence J. Langer.

Bradford L. Jefferson, of Brennan, McAliley, Hayskar, McAliley Jefferson, Fort Pierce, for appellant.

James L. Woodman and Janet R. DeLaura, of Smalbein, Eubank, Johnson, Rosier Bussey, P.A., Rockledge, for appellees.


We find there is competent substantial evidence to support the deputy commissioner's order denying the appellant's claim for attendant care and therefore affirm. Silver Springs Sportswear v. Martin, 389 So.2d 702 (Fla. 1st DCA 1980).

On cross appeal, the employer and carrier attack the deputy's order with respect to his findings regarding the claim for a swimming pool. Inasmuch as the order contemplates a further hearing on the swimming pool claim before adjudication thereof, such issue is not ripe for determination. We may, therefore, not consider the swimming pool issue until and unless an appeal is taken from a final order thereon.

AFFIRMED.

BOOTH, C.J., and NIMMONS and ZEHMER, JJ., concur.


Summaries of

Phillips v. Armellini Express Lines

District Court of Appeal of Florida, First District
Nov 27, 1985
478 So. 2d 888 (Fla. Dist. Ct. App. 1985)
Case details for

Phillips v. Armellini Express Lines

Case Details

Full title:HARVEY JAMES PHILLIPS, APPELLANT, v. ARMELLINI EXPRESS LINES, AND…

Court:District Court of Appeal of Florida, First District

Date published: Nov 27, 1985

Citations

478 So. 2d 888 (Fla. Dist. Ct. App. 1985)