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ZALDIVAR v. OKEELANTA CORP.

No. 1D02-4754.

877 So.2d 927 (2004)

Richard E. ZALDIVAR, Appellant, v. OKEELANTA CORP. & Alexis, Inc./RSKCo., Appellees.

District Court of Appeal of Florida, First District.

July 26, 2004.

Attorney(s) appearing for the Case

Jay M. Levy of Jay M. Levy, P.A., Miami, for Appellant.

Walter E. Beisler of Beisler & Beisler, West Palm Beach, for Appellees.

KAHN, J.

In this case, arising from a workers' compensation matter, the Judge of Compensation Claims (JCC) dismissed appellant Richard Zaldivar's charging lien for attorney's fees. The JCC predicated the dismissal upon Rule 4.075(e), Florida Rules of Workers' Compensation Procedure, a one-year failure to prosecute provision. We vacate the order and remand for further proceedings as to the lien.

Save for one essential item, the facts are undisputed. On May...

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