Moya-Perguero v. Trucks & Parts of Tampa, Inc.
Cases that cite this one
1 later published case cites this decision.
- Jose Delgado v. City Concrete Systems, Inc. and FCCI Insurance company (Fla. Dist. Ct. App. 2017)
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 of the Court
In this workers’ compensation case, Claimant appeals an order of the Judge of Compensation Claims (JCC) dismissing Claimant’s petition for benefits (PFB). We reverse and remand because, as Claimant asserts, and as the Employer/Carrier concedes, the JCC erred in sua sponte dismissing the PFB after a hearing on a motion for sanctions requesting only attorney’s fees. Parties are entitled to notice of the issues to be determined at a hearing, and an order that is not in accord with the understanding with which the workers’ compensation hearing was undertaken and participated in is a denial of due process and must be reversed. See Sch. Dist. of Hillsborough Cnty. v. Dickson, 67 So.3d 1080, 1083 (Fla. 1st DCA 2011).
REVERSED and REMANDED for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.