SPECIAL DISABILITY TRUST FUND, APPELLANT,
v.
JOHN WAREHAM, APPELLEE/CLAIMANT, V. TRANSMISSION WORLD AND AMERICAN HOME ASSURANCE COMPANY, APPELLEES/EMPLOYER/CARRIER
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The court reversed in part an order awarding 75% permanent partial disability based on wage earning capacity loss, finding that the judge of industrial claims erred in interpreting a prior commission order regarding injury to the body as a whole.
The court reversed the award of 75% permanent partial disability based on wage earning capacity loss, finding the judge of industrial claims erred in interpreting the prior commission order regarding injury to the body as a whole.
Claimant suffered a scheduled injury (loss of finger tips) in an accident. After initial awards and reversals, a judge awarded 75% permanent partial d…
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PER CURIAM.
AFFIRMED.
MILLS, C. J., and McCORD, J., concur.
BOOTH, J., dissents with opinion.
BOOTH, Judge,
dissenting.
I dissent from this court’s retention of jurisdiction in this case, which arose outside the territorial jurisdiction of the court. See Crews v. Town of Bay Harbor, 378 So. 2d 1265 (Fla. 1st DCA 1979).
On the merits, I would concur in the majority’s opinion.
MILLS, Chief Judge.
Appellant’s motion for rehearing on the Court’s order of 23 January 1980, awarding appellee appellate attorney’s fees, is granted on authority of Section 440.-49(4)(f)2, Florida Statutes (1977), and the order is vacated and set aside.
The Court would like to point out that the appropriate time to object to the award of appellate attorney’s fees is by appropriate motion prior to the Court’s consideration of the motion for assessment of attorney’s fees, not after the award has been ordered. Not only is this the appropriate procedure but attorneys should always help the Court in its consideration of all issues presented to it by timely and fully presenting the Court all authorities pro and con on the issues.
McCORD, J., concurs.
BOOTH, J., dissents.
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Citator
Authorities Cited
- Emerson Crews v. Town OF BAY Harbor Islands & Metro. Dade Cnty. Self Ins. Fund, 378 So. 2d 1265 (Fla. 1st DCA 1979)