10-1749 SEMINOLE COUNTY GOVERNMENT and JOHNS EASTERN COMPANY, INC., v. CRAIG KIMMEL

State: Florida

Court: Florida First District Court

Docket No: 10-1749

Case Date: 06/09/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

SEMINOLE COUNTY GOVERNMENT and JOHNS EASTERN COMPANY, INC., Appellants, v. CRAIG KIMMEL, Appellee. _____________________________/ Opinion filed June 9, 2010.

CASE NO. 1D10-1749

An appeal from an order of the Judge of Compensation Claims. Joseph T. Farrell, Judge. Date of Accident: July 11, 2008. Michael Broussard and Meredith Barrios of Broussard, Cullen & DeGailler, P.A., Orlando, for Appellants. No appearance for Appellee.

PER CURIAM. Upon review of Appellants' response to this Court's show cause order of April 14, 2010, we dismiss this appeal because the order on appeal is neither a final order nor a non-final order appealable pursuant to Florida Rule of Appellate

Procedure 9.180.

Here, the Judge of Compensation Claims' (JCC's) order

generally awards indemnity benefits but does not clarify whether they are temporary total disability benefits or temporary partial disability benefits, as illustrated by the sentence, "Jurisdiction is reserved if the parties are not able to administrative calculate the type and amount of indemnity awarded." See Life Care Ctr. of Winter Haven v. Benjamin, 22 So. 3d 152 (Fla. 1st DCA 2009) (dismissing appeal where JCC reserved jurisdiction on litigated issue and directed parties to administratively determine additional facts and calculate the benefits thereon). DISMISSED. WOLF, BENTON, and PADOVANO, JJ., CONCUR.

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