What did the court decide?

The appellate court affirmed the decision of the judge of compensation claims; the lower tribunal's ruling remains in effect.

Who is affected by this ruling?

The ruling affects the appellant, Michael Spivey, and the appellees, Polk County School Board and Johns Eastern Company, Inc., in their worker's compensation dispute.

Why didn't the opinion explain the court's reasoning?

The court issued a brief per curiam affirmance without publishing detailed reasoning, which sometimes happens when the panel determines no reversible error exists or no written opinion is necessary.

Can this decision be appealed further?

A party may seek rehearing or, if authorized under Florida rules, petition for review by the Florida Supreme Court, subject to the applicable deadlines and standards for further review.

Spivey v. Polk County School Board, and Johns Eastern Company, Inc.

Docket 1D2025-0800

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

AdministrativeAffirmed

Filed: May 5, 2026 · yesterday
Jurisdiction: Florida
Court: District Court of Appeal of Florida
Type: Opinion
Case type: Administrative
Disposition: Affirmed
Docket: 1D2025-0800

Appeal from the Office of the Judges of Compensation Claims

Summary

The First District Court of Appeal reviewed an appeal from the Office of the Judges of Compensation Claims concerning a worker's compensation matter arising from an accident on June 3, 2005. The panel issued a brief per curiam opinion on May 5, 2026, concluding simply that the lower tribunal's decision is affirmed. No extended reasoning or factual findings appear in the opinion; the court's mandate affirms the judgment of the judge of compensation claims without published opinion. Counsel for both sides are noted in the filing.

Issue Decided

Whether the decision of the judge of compensation claims should be reversed or affirmed on appeal

Court's Reasoning

The opinion is a short per curiam affirmance that does not set out detailed legal analysis in the published text. The court affirmed the lower tribunal's ruling, indicating it found no reversible error in the judge of compensation claims' decision. Because no further reasoning is provided, the affirmance stands without an expanded written explanation.

Parties

Appellant: Michael Spivey
Appellee: Polk County School Board
Appellee: Johns Eastern Company, Inc.
Judge: Mark A. Massey
Attorney: Bradley G. Smith
Attorney: Nicolette E. Tsambis
Attorney: Vanessa J. Johnson
Attorney: Warren K. Sponsler

Key Dates

Date of Accident: 2005-06-03
Decision Date: 2026-05-05

What You Should Do Next

1
Consider filing a motion for rehearing
If the appellant believes there was an error of law or omission, they may file a timely motion for rehearing under Florida Rule of Appellate Procedure 9.330.
2
Evaluate petition for discretionary review
If there are substantial state law questions or conflicts with other decisions, consult counsel about seeking review in the Florida Supreme Court within the applicable deadline.
3
Comply with the affirmed judgment
The parties should take steps to implement or enforce the judge of compensation claims' decision now that it has been affirmed, unless a timely and authorized post-judgment motion is filed.

Frequently Asked Questions

What did the court decide?: The appellate court affirmed the decision of the judge of compensation claims; the lower tribunal's ruling remains in effect.
Who is affected by this ruling?: The ruling affects the appellant, Michael Spivey, and the appellees, Polk County School Board and Johns Eastern Company, Inc., in their worker's compensation dispute.
Why didn't the opinion explain the court's reasoning?: The court issued a brief per curiam affirmance without publishing detailed reasoning, which sometimes happens when the panel determines no reversible error exists or no written opinion is necessary.
Can this decision be appealed further?: A party may seek rehearing or, if authorized under Florida rules, petition for review by the Florida Supreme Court, subject to the applicable deadlines and standards for further review.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                        No. 1D2025-0800
                 _____________________________

MICHAEL SPIVEY,

    Appellant,

    v.

POLK COUNTY SCHOOL BOARD,
and JOHNS EASTERN COMPANY,
INC.,

    Appellees.
                 _____________________________


On appeal from the Office of the Judges of Compensation Claims.
Mark A. Massey, Judge.

Date of Accident: June 3, 2005.

                          May 5, 2026

PER CURIAM.

    AFFIRMED.

ROWE, NORDBY, and LONG, JJ., concur.
               _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________
Bradley G. Smith and Nicolette E. Tsambis of Smith, Feddeler,
Smith, P.A., Lakeland, for Appellant.

Vanessa J. Johnson and Warren K. Sponsler of Sponsler, Johnson
and Andrews, P.A., Tampa, for Appellees.




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