Opinion

Suluki v. American Airlines

  • 981 So. 2d 1225
  • 2008 Fla. App. LEXIS 7059
  • 2008 WL 1968309
Court
District Court of Appeal of Florida
Filed
May 8, 2008
Status
Published
Author
Browning
On the bench
Browning, Hawkes, Lewis
Cited by
0 cases
Authority
More cited than 1.1%

The opinion

BROWNING, C.J.,

concurring.

I write only to make known my reasons for concurring in the majority affirmance of a final order entered twenty-three months after the final hearing. It is fundamental to me that a Judge of Compensation Claims (JCC) cannot adequately remember the testimony addressed at a hearing after such a long delay, and such a delay should be treated as a per se reversible error. Claimant deserves a ruling from a JCC with a “fresher” mind than one occasioned by such a delay. I concur here because Appellant failed to preserve this issue before the JCC. See Rivendell of Ft. Walton v. Petway, 833 So.2d 292, 295 (Fla. 1st DCA 2002). I concur fully in the majority’s affirmance of the other issues.

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.

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