ROSI VIANA v. JACKSON MEMORIAL HOSPITAL, et al.

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ROSI VIANA, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. CASE NO. 1D05-4976 JACKSON MEMORIAL HOSPITAL and MIAMI-DADE RISK MANAGEMENT, Respondents. Opinion filed November 30, 2005. Petition for Writ of Mandamus and/or Certiorari -- Original Jurisdiction. Mark L. Zeintz of the Law Offices of Mark L. Zeintz, P.A., Miami, for petitioner. No appearance for respondents. PER CURIAM. Workers compensation claimant Rosi Viana has filed a petition for writ of mandamus and/or certiorari to challenge the decision of a Judge of Compensation Claims (JCC) regarding her request for an independent medical examination (IME). The JCC denied the request as moot because the employer has agreed to provide the IME. Because the JCC has ruled, regardless of the correctness of that ruling, mandamus will not lie. Kramp v. Fagan, 568 So. 2d 479 (Fla. 1st DCA 1990). With regard to certiorari, this court s jurisdiction was not timely invoked because Viana s motion for rehearing did not postpone rendition of the April 7, 2005, order. McGee v. McGee, 487 So. 2d 412 (Fla. 4th DCA 1986). Accordingly, the petition for writ of mandamus is denied on the merits and the petition for writ of certiorari is dismissed as untimely. PETITION FOR WRIT OF MANDAMUS DENIED; PETITION FOR WRIT OF CERTIORARI DISMISSED. DAVIS, BROWNING and LEWIS, JJ., concur. 2

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