09-5962 OSVALDO CACERES, v. SEDANO'S SUPERMARKETS and JOHN EASTERN CO., INC.

State: Florida

Court: Florida First District Court

Docket No: 09-5962

Case Date: 06/09/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA OSVALDO CACERES, Appellant, v. SEDANO'S SUPERMARKETS and JOHN EASTERN CO., INC., Appellees. _____________________________/ Opinion filed June 9, 2010. An appeal from an order of the Judge of Compensation Claims. Geraldo Castiello, Judge. Date of Accident: September 22, 2003. William F. Souza of The Law Offices of William F. Souza, P.A., North Miami Beach, for Appellant. Barbara K. Case of Angones, McClure & Garcia, P.A., Miami, for Appellees. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D09-5962

PER CURIAM. Osvaldo Caceres appeals an order of the Judge of Compensation Claims (JCC) enforcing a settlement agreement. Because the severance agreement and

release, which the JCC concluded was a material part of the overall settlement

agreement, provides that Caceres may revoke the agreement within seven days following the date of execution of the agreement, and because Caceres expressly rejected the settlement prior to executing the settlement documents, the JCC erred in finding the parties had reached a settlement of the workers' compensation case. See Jones v. Miami-Dade Cmty. Coll., 933 So. 2d 1221 (Fla. 1st DCA 2006). REVERSED. WOLF, KAHN, and ROBERTS, JJ., CONCUR.

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