Florida District Courts of Appeal, 2017

Rodriguez v. IPC International Corp.

Rodriguez v. IPC International Corp.
Florida District Courts of Appeal · Decided August 7, 2017 · Lewis, Wetherell, Winsor
223 So. 3d 475; 2017 WL 3360727; 2017 Fla. App. LEXIS 11398 (Southern Reporter, Third Series)

Rodriguez v. IPC International Corp.

Opinion of the Court

PER CURIAM.

DISMISSED.

LEWIS and WINSOR, JJ., CONCUR; WETHERELL, J. CONCURS WITH OPINION.

Concurring Opinion

WETHERELL, J.,

concurring.

I agree that the petition seeking review of the order denying the claimant’s motion to determine his competency must be dismissed because the claimant did not establish the irreparable harm necessary for certiorari review. See F.T.M.I. Operator, LLC v. Limith, 140 So.3d 1065, 1067 (Fla. 1st DCA 2014). However, in my view, even if the claimant had established the requisite irreparable harm, the petition would have been denied because the record establishes that the judge of compensation claims (JCC) applied the correct law and reasonably based her finding that the claimant failed to prove that he was incompetent on the overwhelming evidence that *476the claimant was malingering and feigning his mental condition. The argument to the contrary in the petition is, in my view, nothing more than a thinly-veiled request for this court to reweigh the evidence presented to the JCC. That, however, is not the proper function of this court, particularly in an extraordinary writ proceeding.

With these additional observations, I concur in the disposition of this case.

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