Opinion
Case No. 1D00-1196.
August 27, 2001. Rehearing Denied September 14, 2001.
An appeal from an order of the Judge of Compensation Claims. Sylvia Medina-Shore, Judge.
Jay M. Levy of Jay M. Levy, P.A. Miami, for Appellant.
Robert L. Teitler and Warren Brown of Walton Lantaff Schroeder Carson, Miami, for Appellees.
The judge of compensation claims dismissed appellant's petition to set aside a washout settlement, finding that the petition was not legally sufficient to justify an evidentiary hearing. We conclude that the petition made allegations sufficient to at least warrant such a hearing. See Steele v. A.D.H. Bldg. Contractors, Inc., 174 So.2d 18 (Fla. 1965); State v. Florida Indus. Comm'n, 151 So.2d 636 (Fla. 1963); Gilliland v. Wood `N You, 626 So.2d 309 (Fla. 1st DCA 1993); Smith v. Rose Auto Stores, 596 So.2d 809 (Fla. 1st DCA 1992); Cordell v. Pittman Bldg. Supply, 470 So.2d 865 (Fla. 1st DCA 1985); D'Amico v. Marina Inns Yacht Harbor, Inc., 444 So.2d 1038 (Fla. 1st DCA 1984); Morgan Yacht Corp./Beatrice Foods v. Edwards, 386 So.2d 883 (Fla. 1st DCA 1980); East v. Pensacola Tractor Equip. Co., Inc., 384 So.2d 156 (Fla. 1st DCA 1980). Accordingly, the order on appeal is REVERSED and REMANDED for further proceedings.
ERVIN, KAHN and POLSTON, JJ., concur.