DWAYNE HENRY WOULLARD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Veterans Septic Tank Serv. v. Wallace, 445 So. 2d 389 (Fla. 1st DCA 1984)
  …1035 (Fla. 1st DCA 1981), this court has also held that the deputy may not infer from general testimony that bad faith exists, see, e.g., Closet Maid Corp. v. Wilson, 429 So. 2d 419, 421 (Fla. 1st DCA 1983); Jess Parrish Memorial Hospital v. Layer, 420 So. 2d 917 (Fla. 1st DCA 1982). Here, the record is devoid of any forthright assertion of bad faith, or any meaningful litigation on that subject at the hearing before the deputy. Accordingly, the deputy’s order as to attorney’s fees is reversed and remanded w…
• Closet Maid Corp. & Zurich-American Ins. Cos. v. Demetris Wilson, 429 So. 2d 419 (Fla. 1st DCA 1983)
  …he D/C. The D/C’s bare bones finding of bad faith, constructed from testimony introduced not to prove notice and bad faith but for another stated purpose, and the consequent fee award, are therefore reversed. Jess Parrish Memorial Hospital v. Layer, 420 So. 2d 917 (Fla. 1st DCA 1982). AFFIRMED in part and REVERSED in part. WENTWORTH and JOANOS, JJ., concur.…
• Nathan v. Moss, 451 So. 2d 940 (Fla. 1st DCA 1984)
  …here was not placed on notice at the hearing on the merits that entitlement to attorney’s fees would also be litigated during that hearing. Cf. Closet Maid Cory. v. Wilson, 429 So. 2d 419 (Fla. 1st DCA 1983); Jess Parrish Memorial Hospital v. Layer, 420 So. 2d 917 (Fla. 1st DCA 1982). Accordingly, the order of November 16, 1983, which awards a reasonable attorney’s fee based on a finding of bad faith, is reversed, and this cause is remanded to the deputy commissioner to conduct a separate fact-finding proceed…