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SAN PEDRO v. TACO BELL/YUM! BRANDS

No. 1D08-3995.

12 So.3d 814 (2009)

Elis E. SAN PEDRO, Appellant, v. TACO BELL/YUM! BRANDS and Gallagher Bassett, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied June 22, 2009.

Attorney(s) appearing for the Case

Richard J. Dolan, II, Hialeah, and Bill McCabe, Longwood, for Appellant.

Ara A. Gechijian and Stephen A. Smith of Pallo, Marks, Hernandez, Gechijian & DeMay, P.A., Palm Beach Gardens, for Appellees.

PER CURIAM.

Claimant appeals the Judge of Compensation Claims' (JCC) dismissal of his petition for benefits based on the Employer/Carrier's motion for summary final order. For the following reasons, we reverse.

The opposing party is required to file a response to a motion for summary final order within 30 days of service, plus five days for mailing. See Fla. Admin. Code R. 60Q-6.108(6), -6.120(3). Here, the motion for summary final order considered...

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