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SIMPSON v. AMERICAN CUSTOM INTERIORS

No. 1D04-0304.

911 So.2d 794 (2004)

Clifford SIMPSON, Appellant, v. AMERICAN CUSTOM INTERIORS, Appellee.

District Court of Appeal of Florida, First District.

December 30, 2004.

Attorney(s) appearing for the Case

John M. Schwartz of Blumenthal, Schwartz & Saxe, P.A., Titusville, for Appellant.

Gregory D. White of Hurley, Rogner, Miller, Cox & Waranch & Westcott, P.A., Winter Park, for Appellee.

PER CURIAM.

The appellant, Clifford Simpson, challenges a determination that he is not entitled to recover workers' compensation benefits in the future because he made a misrepresentation of fact, in violation of sections 440.09(4) and 440.105(4)(b)(1), Florida Statutes. We conclude that the judge of compensation claims lacked jurisdiction to rule on the underlying indemnity claim. Therefore, the petition for benefits should have been dismissed without a ruling on...

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