Legal Opinion

Hamilton v. Alumax Extrusions, Inc.

District Court of Appeal of Florida

Decided January 27, 1999No. 97-4639Published

1Per curiam

The JCC’s order dismissing the claim contains no finding of Claimant’s wilful noncompliance with a previous order, which compelled his attendance at independent medical examinations. Failure to include specific written findings of fact of wilfulness in the order of dismissal constitutes reversible error. Townsend v. Feinberg, 659 So.2d 1218, 1219 (Fla. 4th DCA 1995) (citing Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So.2d 1271 (Fla.1990); In re the Forfeiture of Twenty Thousand Nine Hundred Dollars ($20,900) U.S. Currency, 539 So.2d 14 (Fla. 4th DCA 1989)).

Accordingly, we reverse and…

2Cases cited3 opinions

  1. Commonwealth Fed. Sav. & Loan Ass'n v. TuberoSupreme Court of Florida · 1990
  2. Townsend v. FeinbergDistrict Court of Appeal of Florida · 1995
  3. In Re Forfeiture $20,900 US CurrencyDistrict Court of Appeal of Florida · 1989

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