Florida District Courts of Appeal, 1997

Florida School for the Deaf & Blind v. Wade

Florida School for the Deaf & Blind v. Wade
Florida District Courts of Appeal · Decided March 19, 1997 · Barfield, Benton, Ervin
689 So. 2d 446; 1997 Fla. App. LEXIS 2524; 1997 WL 120548 (Southern Reporter, Second Series)

Florida School for the Deaf & Blind v. Wade

Opinion of the Court

BARFIELD, Chief Judge.

The judge of compensation claims erred in holding that the order vacating an order not yet final, pursuant to Rule 4.141, was a nullity because the claimant died several days before entry of the order, and the estate had not been substituted as a party. Jurisdiction of the judge pursuant to Rule 4.141 is not dependent on the viability of a party. Further proceedings may be affected by the need to substitute the successor in interest to the decedent, but subject matter jurisdiction is not.

Reversed and remanded for further proceedings.

ERVIN and BENTON, JJ., concur.

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