AMERICAN WOODMARK CO. D/B/A TIMBERLAKE CABINET CO. AND BROADSPIRE, v. HAROLD SIPE

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA AMERICAN WOODMARK CO. d/b/a TIMBERLAKE CABINET CO. and BROADSPIRE, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellants, CASE NO. 1D12-4838 v. HAROLD SIPE, Appellee. _____________________________/ Opinion filed June 18, 2013. An appeal from an order of the Judge of Compensation Claims. W. James Condry, II, Judge. Date of Accident: December 6, 2008. Lamar D. Oxford and Bryan A. Lowe of Dean, Ringers, Morgan & Lawton, Orlando, for Appellants. Kenneth B. Schwartz of Kenneth B. Schwartz, P.A., West Palm Beach, for Appellee. PER CURIAM. The two-dismissal rule is set forth in Florida Administrative Code Rule 60Q-6.116(2): a second notice of voluntary dismissal shall operate as an adjudication of denial of any claim or petition for benefits previously the subject of a voluntary dismissal. Appellants argue the Judge of Compensation Claims erred, in the order on appeal, by not applying the two-dismissal rule to the instant claim for permanent total disability benefits so as to bar the claim under principles of res judicata. We agree, and reverse the order to the extent it awards such benefits. REVERSED in part, and AFFIRMED in part. CLARK, MARSTILLER, and SWANSON, JJ., CONCUR. 2

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