CITY OF MIAMI v. SMITH

No. 91-527.

608 So.2d 529 (1992)

CITY OF MIAMI, Appellant, v. Charles SMITH, Appellee.

District Court of Appeal of Florida, First District.

November 10, 1992.


Attorney(s) appearing for the Case

Jorge L. Fernandez, A. Quinn Jones, III, City Attorneys, Kathryn S. Pecko, Asst. City Atty., Miami, for appellant.

Mark L. Zientz, Williams & Zientz, Miami, for appellee.


PER CURIAM.

In this worker's compensation case, appellant City of Miami appeals the order of the judge of compensation claims (JCC) finding, pursuant to Florida Workers' Compensation Rule of Procedure 4.161(c), that the City abandoned any challenge to compensation benefits from January 1, 1977 through July 31, 1989. We reverse.

Rule 4.161(c) states:

Abandonment. Any challenge to benefits certified as affected by appeal under Rule 4.160(a) of these...

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