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Fla. 3rd: Rule Nisi Only Applies to Enforcement

Thursday, June 14, 2007 | 0

A court order cannot grant a rule nisi application while a workers' compensation award is still pending, a Florida court ruled. In U.S. Foundry v. Garner, 06-3105, 06/13/2007, the Florida 3rd District Court of Appeal ruled that a circuit court's jurisdiction to issue a rule nisi -- an mandate to show cause as to why an order should not be finalized -- is limited to enforcement of the compensation benefits. "The employer listed the temporary benefits, which were the subject of the rule nisi proceeding, in its notice of appeal," the court wrote. Thus, the court ruled that the issue w...

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