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American Woodmark Co. d/b/a Timberlake Cabinet Co. v. Harold Sipe

Date: 06-18-2013

Case Number: 1D12-4838

Judge: per Curiam

Court: Florida Court of Appeal, First District on appeal from the Judge of Compensation Claims

Plaintiff's Attorney: Lamar D. Oxford and Bryan A. Lowe of Dean, Ringers, Morgan & Lawton, Orlando, for Appellants.

Defendant's Attorney: Kenneth B. Schwartz of Kenneth B. Schwartz, P.A., West Palm Beach, for Appellee.

Description:
The "two-dismissal rule” is set forth in Florida Administrative Code Rule 60Q-6.116(2): "a second notice of voluntary dismissal shall operate as an adjudication of denial of any claim or petition for benefits previously the subject of

2

a voluntary dismissal.” Appellants argue the Judge of Compensation Claims erred, in the order on appeal, by not applying the two-dismissal rule to the instant claim for permanent total disability benefits so as to bar the claim under principles of res judicata. We agree, and reverse the order to the extent it awards such benefits.

Outcome:
REVERSED in part, and AFFIRMED in part.
Plaintiff's Experts:
Defendant's Experts:
Comments:

About This Case

What was the outcome of American Woodmark Co. d/b/a Timberlake Cabinet Co. v. Har...?

The outcome was: REVERSED in part, and AFFIRMED in part.

Which court heard American Woodmark Co. d/b/a Timberlake Cabinet Co. v. Har...?

This case was heard in Florida Court of Appeal, First District on appeal from the Judge of Compensation Claims, FL. The presiding judge was per Curiam.

Who were the attorneys in American Woodmark Co. d/b/a Timberlake Cabinet Co. v. Har...?

Plaintiff's attorney: Lamar D. Oxford and Bryan A. Lowe of Dean, Ringers, Morgan & Lawton, Orlando, for Appellants.. Defendant's attorney: Kenneth B. Schwartz of Kenneth B. Schwartz, P.A., West Palm Beach, for Appellee..

When was American Woodmark Co. d/b/a Timberlake Cabinet Co. v. Har... decided?

This case was decided on June 18, 2013.