Public-domain · open source
OpenJurist

482 So. 2d 387

482 So.2d 387

10 Fla.L.Weekly 2303

Clark v. Saralakes Estates

District Court of Appeal of Florida

Decided October 8, 1985

District Court of Appeal of Florida · decided 1985-10-08

Cited by 1 later decisions — most recently April 1993

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1985-10-08

View the full empirical analysis of this case →

WIGGINTON, Judge.

¶1Appellant appeals the deputy commissioner’s denial of appellant’s motion for *388attorney’s fees to be paid by appellees employer/carrier pursuant to section 440.-34(3)(a) or (c), Florida Statutes. We reverse.

¶2The record shows that appellant prevailed in proceedings in which he sought medical benefits only and at the time he sought those benefits, he had not filed and was not entitled to file a claim for other benefits. Consequently, he is entitled to recover from appellees a reasonable attorney’s fee pursuant to section 440.34(3)(a), Florida Statutes.

¶3As a result of the above holding, we need not reach the question of whether appellant is entitled to recover an attorney’s fee from appellees pursuant to section 440.34(3)(c).

¶4REVERSED and REMANDED to the deputy commissioner for a determination of a reasonable attorney’s fee.

SHIVERS and WENTWORTH, JJ., concur.
/482/so2d/387 · .json · Public domain