Florida District Courts of Appeal, 2014

Marvin v. University Hospital/Broadspire Services, Inc.

Marvin v. University Hospital/Broadspire Services, Inc.
Florida District Courts of Appeal · Decided December 3, 2014 · Benton, Clark, Rowe
152 So. 3d 121; 2014 Fla. App. LEXIS 19685; 2014 WL 6789907 (Southern Reporter, Third Series)

Marvin v. University Hospital/Broadspire Services, Inc.

Opinion of the Court

PER CURIAM.

In this workers’ compensation case, Claimant appeals a summary final order dismissing his claims for permanent total disability (PTD) benefits under Florida Administrative Code Rule 60Q-6.116(2) (the “two-dismissal” rule) which states that a second voluntary dismissal operates as an adjudication on the merits. Because our review of the record reveals no evidence of any voluntary dismissals, we REVERSE and REMAND for further proceedings on the pending PTD claims.

BENTON, CLARK, and ROWE, JJ„ concur.

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