Lay v. Storm Smart Building Systems — First DCA dismissed workers’ compensation appeal without explanation

Case
Tommy D. Lay, II v. Storm Smart Building Systems, Inc/Bridgefield Casualty Insurance Company
Court
Florida First District Court of Appeal
Judge
Roberts; Nordby; Neff
Date Decided
October 13, 2026
Docket No.
1D2026-1729
Topics
Workers’ Compensation, Appellate Procedure, Dismissal
Source
Read the full opinion

Background

Tommy D. Lay, II, acting without counsel, appealed from the Office of the Judges of Compensation Claims. The appealed matter arose from an accident dated October 5, 2019, and the compensation judge was David W. Langham.

Storm Smart Building Systems, Inc. and Bridgefield Casualty Insurance Company appeared as appellees. The First District Court of Appeal’s brief opinion does not describe the underlying claim, the compensation judge’s ruling, the arguments on appeal, or the procedural event leading to dismissal.

The Court’s Holding

The First District Court of Appeal dismissed the appeal. The court issued its decision per curiam, with Judges Roberts, Nordby, and Neff concurring.

The opinion gives no reason for the dismissal and announces no rule of law. It also states that the decision is not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

Key Takeaways

  • The First District dismissed Lay’s appeal from the Office of the Judges of Compensation Claims.
  • The opinion does not identify the basis for dismissal or address the merits of the underlying workers’ compensation dispute.
  • Judges Roberts, Nordby, and Neff participated in the per curiam decision.

Why It Matters

The decision ends this appeal, subject to any timely and authorized post-decision motion, but provides no substantive guidance on workers’ compensation law or appellate procedure. Because the opinion does not explain the dismissal, no broader holding should be inferred from it.

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