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Charles Sales Corporation v. Filmore

District Court of Appeal of Florida, First District
Nov 10, 1987
518 So. 2d 304 (Fla. Dist. Ct. App. 1987)

Opinion

No. BR-85.

November 10, 1987.

An Appeal from an Order of Deputy Commissioner Charles Vocelle.

Thomas R. Criss of Conroy, Simberg, Wilensky Lewis, P.A., Hollywood, for appellants.

Jerold Feuer, Miami, for appellee.


This cause is before us on appeal from a final order awarding claimant temporary total disability benefits, payment of medical bills, wage-loss benefits, attendant care, penalties, costs, and attorney fees. Appellants have presented numerous issues for our consideration, and after careful study, we find error in only one instance. The deputy commissioner awarded the claimant's attorney fees, apparently under Section 440.34(3)(b), Florida Statutes (1986), though the order does not cite grounds for the award. Appellants urge this was error because the issue was not litigated.

This court has previously held that an award of bad-faith fees under Section 440.34(3)(b) must be specifically litigated as a separate issue at hearing. Veterans Septic Tank Service v. Wallace, 445 So.2d 389, 390 (Fla. 1st DCA 1984); and Rivers v. SCA Services of Florida, Inc., 465 So.2d 634, 635 (Fla. 1st DCA 1985). Review of the record demonstrates that entitlement to bad-faith fees was not separately litigated, and the fee award, accordingly, must be reversed and remanded for further proceedings. See Rivers at 635.

BOOTH, WIGGINTON and BARFIELD, JJ., concur.


Summaries of

Charles Sales Corporation v. Filmore

District Court of Appeal of Florida, First District
Nov 10, 1987
518 So. 2d 304 (Fla. Dist. Ct. App. 1987)
Case details for

Charles Sales Corporation v. Filmore

Case Details

Full title:CHARLES SALES CORPORATION AND AETNA CASUALTY SURETY COMPANY, APPELLANTS…

Court:District Court of Appeal of Florida, First District

Date published: Nov 10, 1987

Citations

518 So. 2d 304 (Fla. Dist. Ct. App. 1987)

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