08-2513,08-2514 COSTCO WHOLESALE CORPORATION AND SEDWICK CLAIMS MANAGEMENT v. RUBY ULETT

State: Florida

Court: Florida First District Court

Docket No: 08-2513,08-2514

Case Date: 10/24/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA COSTCO WHOLESALE CORPORATION and SEDGWICK CLAIMS MANAGEMENT, Appellants, CASE NOS. 1D08-2513 and 1D08-2514 v. RUBY ULETT, Appellee. _____________________________/ Opinion filed October 24, 2008. An appeal from an order of the Judge of Compensation Claims. Geraldine B. Hogan, Judge. Dates of Accident: June 12, 2006; February 13, 2007. Douglas W. Barnes, Barnes & Simmons, P.A., Miami Lakes, for Appellants. Ruby Ulett, pro se, Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.

PER CURIAM. Costco Wholesale Corporation and Sedgwick Claims Management (the employer/carrier) seek certiorari review of an order of the Judge of Compensation

Claims (JCC) denying the employer/carrier=s motion to tax costs following the voluntary dismissal of all pending petitions for benefits by Ruby Ulett, claimant and appellee. We treat the petition for writ of certiorari as an appeal from a final order, see Corbin v. Bayles, 903 So. 2d 1051 (Fla. 1st DCA 2005); see also Fla. R. App. P. 9.040(c), and reverse. As this court recently held, the plain meaning of section 440.34(3), Florida Statutes, entitles the prevailing party to reasonable costs. See Palm Beach County Sch. Dist. v. Ferrer, 33 Fla. L. Weekly D1910 (Fla. 1st DCA August 4, 2008). Here, the employer/carrier became the prevailing party when the claimant voluntarily withdrew all pending petitions for benefits. Id. Accordingly, the JCC erred by denying the employer/carrier=s motion to tax costs. REVERSED. KAHN, VAN NORTWICK, AND PADOVANO, JJ., CONCUR.

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