JAMES J. EICHHOLZ AND KAY P. EICHHOLZ, HIS WIFE, APPELLANTS,
v.
VIRGINIA E. BELL, APPELLEE

Fla. 1st DCA | 1982-02-23
No. AB-62
MILLS, WENTWORTH and THOMPSON, JJ., concur.
410 So. 2d 211 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The order of the trial court transferring this cause to the county court is REVERSED. § 26.012(2)(a), Fla.Stat. (Supp.1980); § 34.01 Fla.Stat. (Supp.1980).

MILLS, WENTWORTH and THOMPSON, JJ., concur.


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  • Williams v. Amax Chem. Corp. & Underwriters Adjusting Co., 543 So. 2d 277 (Fla. 1st DCA 1989)
    …rected to nor does our research reveal any authority for placement of interest on this type of award. Section 440.20, Florida Statutes, which provides for interest and penalties is limited to “compensation”. In Cox Oil and Sales, Inc. v. Boettcher, 410 So. 2d 211 (Fla. 1st DCA 1982), we held that an award to the claimant’s wife for past nursing services did not constitute “compensation” upon which penalties could be imposed. Although the instant case involves interest rather than penalties we believe such to…
  • Fred Teitelbaum Constr., Inc. v. Sid Morris, 489 So. 2d 1241 (Fla. 1st DCA 1986)
    …en appellee concedes that to award a penalty on nonpayment of Dr. May’s bill was error since penalties specifically have been held not to apply to late payment of sums which are not awarded directly to a claimant. Cox Oil & Sales, Inc. v. Boettcher, 410 So. 2d 211 (Fla. 1st DCA 1982). Therefore, we strike paragraph b of the decretal portion of the order on appeal. The remainder of the order is affirmed. SMITH and JOANOS, JJ., concur.…
  • …eld the award of penalties on medical expenses was error “since penalties specifically have been held not to apply to late payment of sums which are not awarded directly to a claimant.” Id. 489 So. 2d 1242, citing Cox Oil & Sales, Inc. v. Boettcher, 410 So. 2d 211 (Fla. 1st DCA 1982). Under Teitelbaum, supra, it can be argued that reimbursement for medical payments is in the nature of compensation, in that it is paid to claimant. Obviously, the same public policy considerations for the imposition of penalti…

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