CHUBB GROUP INSURANCE COMPANY and DIALAMERICA, INC. v. MAJOR D. EASTHAGEN, II

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CHUBB GROUP INSURANCE COMPANY and DIALAMERICA, INC., Appellants, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D04-2464 v. MAJOR D. EASTHAGEN, II, Appellee. _____________________________/ Opinion filed November 23, 2004. An appeal from an order of the Judge of Compensation Claims. William H. Dane, Judge. Colleen Cleary Ortiz, of Bozeman, Jenkins & Matthews, P.A., Pensacola, for appellants. Lisa A. Lovingood, Jacksonville, for appellee. WOLF, C.J. Appellants, the employer and carrier, appeal a non-final order denying the Motion to Compel Execution of Settlement Documents or Alternatively Motion to Dismiss Claim with Prejudice.1 The JCC held that it lacked jurisdiction to determine whether an enforceable settlement agreement was reached. Based on this court s recent opinions reaffirming that it is within the province of the JCC to determine whether a settlement agreement was reached, and if so, to establish its terms, the JCC s order to the contrary is reversed. See Gerow v. Yesterday s, 881 So. 2d 94 (Fla. 1st DCA 2004); Jacobsen v. Ross Stores, 29 Fla. Law Weekly D1933 (Fla. 1st DCA Aug. 24, 2004). BENTON and VAN NORTWICK, JJ., CONCUR. 1 This court has jurisdiction pursuant to rule 9.180(b)(1)(A), Florida Rules of Appellate Procedure (2004). 2

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