06-3105 U.S. FOUNDRY V. CARNER

State: Florida

Court: Florida Third District Court

Docket No: 06-3105

Case Date: 06/13/2007

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2007
Opinion filed June 13, 2007. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D06-3105
Lower Tribunal No. 06-14132 CA

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U.S. Foundry & Manufacturing, Inc., a/k/a U.S. Holdings, Inc., et al.,
Appellants, vs.

Vaughn Carner,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Jose Rodriguez, Judge. Kelley, Kronenberg, Gilmartin, Fichtel & Wander and Luis F. Estrada, for appellants. Levine, Busch, and Schnepper and R. Cory Schnepper, for appellee. Before GREEN, WELLS, JJ., and SCHWARTZ, Senior Judge. PER CURIAM.

U.S. Foundry & Manufacturing, Inc., appeals an order denying its motion to dismiss and granting a rule nisi enforcing temporary disability benefits awarded to its employee, Vaughn Carner. We reverse. Carner filed a worker's compensation action against U.S. Foundry and was awarded permanent and temporary disability benefits. U.S. Foundry appealed to the First District Court of Appeal. U.S. Foundry & Mfg., Inc. v. Carner, 951 So. 2d 927 (Fla. 1st DCA 2007). During the pendency of the appeal, Carner petitioned the circuit court for a rule nisi to enforce the temporary benefits.

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