FLORIDA SCHOOL FOR THE DEAF AND BLIND v. WADE (1997)

District Court of Appeal of Florida,First District.

FLORIDA SCHOOL FOR THE DEAF AND BLIND and The State of Florida Department of Insurance, Division of Risk Management, Bureau of State Employees' Workers' Compensation Claims, Appellants, v. Donald WADE and The Estate of Donald Wade, Deceased, Appellees.

No. 96-1920.

Decided: March 19, 1997

Richard W. Withers of Sharp & Gay, P.A., Jacksonville, for Appellants. Ralph J. Humphries of Schutt, Humphries & Becker, Jacksonville, and Jeffrey W. Monroe, St. Augustine, for Appellees.

The judge of compensation claims erred in holding that the order vacating an order not yet final, pursuant to Rule 4.141, was a nullity because the claimant died several days before entry of the order, and the estate had not been substituted as a party. Jurisdiction of the judge pursuant to Rule 4.141 is not dependent on the viability of a party. Further proceedings may be affected by the need to substitute the successor in interest to the decedent, but subject matter jurisdiction is not.

Reversed and remanded for further proceedings.

ERVIN and BENTON, JJ., concur.

BARFIELD, Chief Judge.

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