Opinion

Deese v. Clay County Board of County Commissioners

  • 43 So. 3d 781
  • 2010 Fla. App. LEXIS 11412
  • 2010 WL 3062845
Court
District Court of Appeal of Florida
Filed
Aug 5, 2010
Status
Published
Author
Wetherell
On the bench
Benton, Nortwick, Wetherell
Cited by
0 cases
Authority
More cited than 17.7%

The opinion

WETHERELL, J.

Appellant filed a workers’ compensation claim against Appellees, and the Judge of Compensation Claims denied compensability of the claim. Appellant was taxed $6,575.26 in costs pursuant to section 440.34(3), Florida Statutes. The cost order was not appealed, and Appellant concedes that the amount is due and owing and that the cost order is not subject to collateral attack. After Appellant failed to comply with the order, Appellees sought to enforce the order by filing a petition for rule nisi in the circuit court pursuant to section 440.24(1), Florida Statutes. The trial court granted the petition after a hearing, and this appeal followed. For the reasons expressed in Brown v. Clay County Board of County Commissioners, 43 So.3d 782 (Fla. 1st DCA 2010), we reverse the order on appeal and remand the case with directions that the trial court dismiss the petition.

REVERSED and REMANDED with directions.

BENTON, and VAN NORTWICK, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.