TONI VILLAVERDE PLLC v. CASTILLO CMS (2024)

On Appellant's Motion for Rehearing

We deny Toni L. Villaverde, PLLC's motion for rehearing. On our own motion, we withdraw our opinion docketed July 31, 2024, and substitute the following in its place.

On June 9, 2022, this Court received a notice of appeal regarding a case before a Judge of Compensations Claim (JCC), Case No. 12-023578MGK. The case appealed was styled Jorge Castillo, Employee, -vs- American Airlines and Sedgwick CMS, Employer/Servicing Agent. However, the notice read as follows: “NOTICE is hereby given that Toni L Villaverde, PLLC, Appellant, appeals to the First District Court of Appeal the Orders of the Judge of Compensation Claims Margret G. Kerr dated 5/26/21, 6/15/21, and 5/10/22 which was Amended on 5/26/22.” In other words, Toni L. Villaverde, PLLC (Villaverde), identified itself as the appellant, in spite of the fact that it was not a party to the proceedings below. Eventually, the case was simply designated in this Court as Toni L. Villaverde, PLLC, Appellant v. Jorge Castillo, American Airlines, and Sedgwick CMS, Appellees.

Villaverde is Castillo's former attorney in the proceeding below. The orders appealed established the costs and attorney's fees to which Villaverde was entitled based on its lien of Castillo's workers’ compensation claim. Villaverde is Castillo's former attorney, not a party to the administrative proceeding.

Because it was not a party to the proceedings below, Villaverde is not a party here. See Fla. R. App. P. 9.020(g)(1) (an appellant is “[a] party who seeks to invoke the appeal jurisdiction of the court[ ]” (emphasis supplied)). Because Villaverde is not a party in this appeal, the appeal is Dismissed.

Per Curiam.

Roberts, Winokur, and Long, JJ., concur.