Doc.
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Date Docketed
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Description
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Filed by
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Notes
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10/21/2013
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT City Of St. Petersburg BY: PT Kimberly D. Proano 26819
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FILED AS CITY OF ST. PETERSBURG'S CROSS NOTICE TO INVOKE DISCRETIONARY JURISDICTION OF THE FLORIDA SUPREME COURT (CERTIFIEF QUESTION) & TREATED AS NOT-INVOKE
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10/21/2013
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT City Of St. Petersburg BY: PT Kimberly D. Proano 26819
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***UNCERTIFIED COPY***
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10/22/2013
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ORDER-HIGH PROFILE
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Because of significant public and media interest in this matter, this case has been designated as a high profile case and all material must be filed through the Florida Courts eFiling Portal. All documents filed will be posted on the Supreme Court web page. Parties are directed to ensure that all documents filed are in compliance with rules 2.420, 2.425 and 2.526 of the Florida Rules of Judicial Administration.
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10/22/2013
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ACKNOWLEDGMENT LETTER-NEW CASE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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10/22/2013
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ORDER-FILING FEE DUE
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The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including November 21, 2013, in which to submit the filing fee or an order of insolvency. Failure to submit either of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
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10/22/2013
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ORDER-SHOW CAUSE (MISC)
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Petitioner is hereby directed to show cause on or before November 6, 2013, why notice should not be consolidated with SC13-1930.
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10/29/2013
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RESPONSE
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PT City Of St. Petersburg BY: PT Kimberly D. Proano 26819
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TO OTSC DATED 10/22/2013
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11/14/2013
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Filing Fee $300
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2013 - 1020662 Amount: $300
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12/09/2013
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The above cases are hereby consolidated, on the Court's own motion, for all appellate purposes. The Court accepts jurisdiction of these cases. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument. Petitioner's initial brief on the merits shall be served on or before January 3, 2014; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits. The Clerk of the First District Court of Appeal shall file the record which shall be properly indexed and paginated on or before February 7, 2014. The record shall include the briefs filed in the district court separately indexed. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. If an electronic record, the Clerk of the First District Court of Appeal should contact the Clerk of this Court for instructions on transmittal of the electronic record.
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12/16/2013
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LETTER
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PT City Of St. Petersburg BY: PT Kimberly D. Proano 26819
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DATED 12/13/2013
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12/18/2013
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MR American Association For Justice AAJ BY: MR Andre M. Mura
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12/19/2013
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MR American Association For Justice AAJ BY: MR Andre M. Mura
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ANDRE M. MURA
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01/07/2014
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MOTION-AMICUS CURIAE
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MR American Association For Justice AAJ BY: MR Andre M. Mura
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FILED BY THE AMERICAN ASSOCIATION FOR JUSTICE TO APPEAR IN SUPPORT OF BRADLEY WESTPHAL
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01/07/2014
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Andre M. Mura, on behalf of American Association for Justice, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), was received by this Court on December 19, 2013.
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01/08/2014
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by American Association for Justice is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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02/04/2014
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ANSWER/CROSS INITIAL BRIEF-MERITS
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PT City Of St. Petersburg BY: PT Kimberly D. Proano 26819
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02/05/2014
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RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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ELECTRONICALLY FILED
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03/12/2014
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ORAL ARGUMENT CALENDAR
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03/12/2014
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Thursday, June 5, 2014.
A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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06/05/2014
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ORAL ARGUMENT HELD
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05/31/2016
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Fee Paid In Full - $300
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06/09/2016
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DISP-QUASHED & REMANDED
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FSC-OPINION: For all the reasons explained in this opinion, we hold section 440.15(2)(a), Florida Statutes (2009), unconstitutional as applied to Westphal and all others similarly situated, as a denial of access to courts under article I, section 21, of the Florida Constitution. The statute deprives a severely injured worker of disability benefits at a critical time, when the worker cannot return to work and is totally disabled, but the worker's doctors-chosen by the employer-determine that the worker has not reached maximum medical improvement.
Such a significant diminution in the availability of benefits for severely injured workers, particularly when considered in conjunction with the totality of changes to the workers' compensation law from 1968, when the access to courts provision was added to our Constitution, to the present, is unconstitutional under our precedent. Accordingly, we quash the First District's en banc decision in Westphal and remand this case to the First District for further proceedings consistent with this opinion.
It is so ordered. ***7/07/16: CORRECTED OPINION***
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07/07/2016
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ORDER-OTHER SUBSTANTIVE
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Petitioner's motion for clarification to correct citations is denied to the extent that it seeks correction of this Court's usage of WestLaw and slip decision citations.
Petitioner's motion is granted to the extent that it seeks clarification to correct the statutory year in the following citation: § 440.15(2), Fla. Stat. (1968) on pages 13, 14, and 27 of Westphal v. City of St. Petersburg, 2016 WL 3191086 (Fla. June 9, 2016). The statutory year in these three citations will be changed from 1968 to 1967 in a corrected opinion. See Fla. R. App. P. 9.330
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07/07/2016
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WEST CORRESPONDENCE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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ATTENTION: ALL PUBLISHERS
THE FOLLOWING CORRECTIONS HAVE BEEN MADE IN THE ABOVE OPINION:
Majority:
- Page 13, line 18: Changed § 440.15(1), Fla. Stat. (1968) to § 440.15(1), Fla. Stat. (1967)
- Page 14, line 5: Changed § 440.15(2), Fla. Stat. (1968) to § 440.15(2), Fla. Stat. (1967)
- Page 27, lines 6-7: Changed § 440.15(2), Fla. Stat. (1968) to § 440.15(2), Fla. Stat. (1967)
Concurring in Result:
- Page 35, lines 5 and 9: Changed "360" to "260"
Dissenting:
- Page 42, line 2: Changed "District Court" to "district court"
- Page 42, line 7: Changed "District Court's" to "district court's"
- Page 42, line 12: Removed "(emphasis added)"
- Page 43, line 1: Added "(Emphasis added.)"
- Page 44, line 3: Changed "workers" to "worker's"
- Page 44, footnote line 1: Added a comma following "competent"
- Page 44, footnote line 5: Changed "Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management, 122 So. 3d 440, 450 (Fla. 1st DCA 2013)" to "Westphal, 122 So. 3d at 450"
- Page 44, footnote line 7: Changed "Westfall" to "Westphal"
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07/07/2016
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MANDATE
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CC: COUNSEL
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07/28/2016
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PUBLISH FULL
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