Venne v. Kleuver
Cases that cite this one
11 later published cases cite this decision.
- Alvarez v. Kendall Associates (Fla. Dist. Ct. App. 1991)
- U.S. Foundry & Manufacturing, Inc. v. Carner (Fla. Dist. Ct. App. 2007)
- Merritt v. Promo Graphics, Inc. (Fla. Dist. Ct. App. 1997)
- Southern Bell Telephone, Inc. v. Cordell (Fla. Dist. Ct. App. 1997)
- Staffing Concepts International, Inc. v. Paul (Fla. Dist. Ct. App. 1997)
- Frank v. Crawford & Co. (Fla. Dist. Ct. App. 1996)
- North Shore Medical Center v. Capua (Fla. Dist. Ct. App. 1994)
- Marion Correctional Inst. v. Kriegel (Fla. Dist. Ct. App. 1988)
- State, Department of Public Health, Division of Risk Management v. Wilcox (Fla. Dist. Ct. App. 1987)
- Covert v. Hall (Fla. Dist. Ct. App. 1985)
- Troy Desk Manufacturing Co., Inc. v. Troy (Fla. Dist. Ct. App. 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Roger VENNE, Appellant,
v.
Jack KLEUVER and John Patterson, Appellees.
District Court of Appeal of Florida, Third District.
*351 Keyfetz, Poses & Halpern and L. Barry Keyfetz, Miami, for appellant.
Bercuson, Cahan, Weksler & Lasky and Bernard B. Weksler, Alfred Aronovitz, Miami, for appellees.
Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.
SCHWARTZ, Chief Judge.
The trial judge denied the claimant-appellant's rule nisi application under Section 440.24(1), Fla. Stat. (1981), for enforcement of a worker's compensation award regularly entered against the defendant-appellees on the ground that the award was substantively incorrect. It is clearly-established, however, that the employer's only remedy in such a situation is by appeal,[1]Martinique Hotel, Inc. v. Kasner, 153 So.2d 68 (Fla. 3d DCA 1963), cert. denied, 155 So.2d 697 (Fla. 1963), and that the circuit court has no authority in a rule nisi proceeding to consider the merits of the underlying compensation order or, indeed, to do anything but require its enforcement when, as here, it is in full force and effect. Lillard v. City of Miami, 220 So.2d 413 (Fla. 3d DCA 1969); Phoenix Assurance Co. of New York v. Merritt, 160 So.2d 552 (Fla. 2d DCA 1963), cert. denied, 168 So.2d 147 (Fla. 1964). The order under review is therefore reversed and the cause remanded with directions to grant the plaintiff the relief sought in the petition.
Reversed.
NOTES
[1] An appeal was in fact taken, but was dismissed on procedural grounds by the first district court of appeal. Kluever v. Venne, Case no. AM-126 (July 26, 1982).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.