LUTZ FRANK GLINDMEIER, v. KAEBEL WHOLESALES & FLUORESCENT MAINTENANCE

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA LUTZ FRANK GLINDMEIER, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D08-4067 KAEBEL WHOLESALES & FLUORESCENT MAINTENANCE, Appellees. _____________________________/ Opinion filed December 31, 2008. An appeal from an order of the Judge of Compensation Claims. Kathryn S. Pecko, Judge. Dates of Accident: February 7, 1990 and January 7, 1991 Maurice Graham, Oakland, for Appellant. Geoffrey C. Curreri, Plantation, H. George Kagan, Miller, Kagan, Rodriguez, & Silver, P. L., West Palm Beach, and Stephanie A. Robinson, Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow, & Schefer, P.A., Hollywood, for Appellees. PER CURIAM. Upon review of Appellant s response to this court s order to show cause, entered November 17, 2008, the appeal is hereby DISMISSED for lack of jurisdiction. See Troche v. BJ's Wholesale Club, Inc., 954 So. 2d 685, 686 (Fla.1st DCA 2007) (noting if notice of appeal is not timely filed, the appellate court lacks jurisdiction and must dismiss the appeal); see also Caldwell v. Wal-Mart Stores, Inc., 980 So. 2d 1226, 1228 (Fla. 1st DCA 2008) (noting a motion for rehearing in a workers' compensation case does not toll the time for filing an appeal); Fla. Admin. Code R. 60Q-6.122(3) (providing a motion for re-hearing does not toll the time within which an order becomes final or an appeal may be filed ). WEBSTER, DAVIS, and HAWKES, JJ., CONCUR. 2

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