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Garcia v. New Indus. Techniques

Florida Court of Appeals, First District
Aug 15, 1996
21 Fla. L. Weekly Fed. D 1832 (Fla. Dist. Ct. App. 1996)

Opinion


678 So.2d 467 (Fla.App. 1 Dist. 1996) 21 Fla. L. Weekly D 1832 Eduardo GARCIA, Appellant, v. NEW INDUSTRIAL TECHNIQUES and Crawfords&sCompany, Appellees. No. 94-1530. Florida Court of Appeals, First District. August 15, 1996

       Rehearing Denied Sept. 17, 1996.        Jerold Feuer, Miami and Maria Rodriguez Lewis, Davie, for appellant.

       Shelley H. Leinicke and Ila J. Klion of Wicker, Smith, Tutan, O'Hara, McCoy, Grahams&sLane, Ft. Lauderdale, for appellees.

       Edward A. Dion, General Counsel, Department of Labors&sEmployment Security, for appellee/intervenor Division of Workers' Compensation.

       ON MOTION TO DISMISS

       PER CURIAM.

       The appealed order dismissed a claim, filed after January 1, 1994, for failure to exhaust the procedures for informal dispute resolution, as required by section 440.191(2)(a), Florida Statutes, and for failure to comply with the pleading requirements of section 440.192, Florida Statutes. We conclude that such an order does not fall within the class of non-final orders for which review is authorized pursuant to Florida Rule of Workers' Compensation Procedure 4.160. In addition, because the dismissal was without prejudice, and the claimant could seek the same benefits upon compliance with the statutory requirements, the order is not a final and appealable order. See Augustin v. Blount, Inc., 573 So.2d 104 (Fla. 1st DCA 1991). Accordingly, appellees' motion to dismiss is granted, and the appeal is dismissed for lack of jurisdiction.

       ERVIN, KAHN and VAN NORTWICK, JJ., concur.


Summaries of

Garcia v. New Indus. Techniques

Florida Court of Appeals, First District
Aug 15, 1996
21 Fla. L. Weekly Fed. D 1832 (Fla. Dist. Ct. App. 1996)
Case details for

Garcia v. New Indus. Techniques

Case Details

Full title:Eduardo GARCIA, Appellant, v. NEW INDUSTRIAL TECHNIQUES and…

Court:Florida Court of Appeals, First District

Date published: Aug 15, 1996

Citations

21 Fla. L. Weekly Fed. D 1832 (Fla. Dist. Ct. App. 1996)
21 Fla. L. Weekly Fed. D 1832

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