ANTENNAS FOR COMMUNICATION AND CIGNA, APPELLANTS,
v.
H. GENE COMPTON, APPELLEE

Fla. 1st DCA | 1986-02-13
No. BG-382
THOMPSON, ZEHMER and BAR-FIELD, JJ., concur.
482 So. 2d 610 Florida District Court of Appeal, First District (1986) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. Pursuant to rule 9.340, Florida Rules of Appellate Procedure, the Clerk is directed to issue mandate with the release of this opinion. Accordingly, the joint motion for remand is DENIED.

Appellee’s counsel did not file a motion for attorney’s fees for services in connec tion with this appeal as authorized by section 440.34(5), Florida Statutes (1983). Had a timely motion been filed, a fee would have been granted under the statute, in accordance with prior rulings of this court. The failure of appellee’s counsel to assert and protect this claimant’s statutory rights to recoup such fees makes it inappropriate and improper for counsel to seek or require claimant to pay any fee on account of services on this appeal. Counsel for appellee shall deliver a copy of this opinion to his client.

THOMPSON, ZEHMER and BAR-FIELD, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Ankeny v. Palm Beach Cnty. Sch. Bd., 643 So. 2d 1127 (Fla. 1st DCA 1994)
    …of the reply brief_” In Salley v. City of St. Petersburg, 511 So. 2d 975 (Fla.1987), the supreme court stated that failure to comply with the rule is a valid justification for denying attorney’s fees. See also Antennas for Communications v. Compton, 482 So. 2d 610 (Fla. 1st DCA 1986). In Florida Dep’t of Commerce, Div. of Risk Management v. Davies, 379 So. 2d 1313 (Fla. 1st DCA 1980), this court stated that failure to file a timely request for attorney’s fees, pursuant to rule 9.400, Florida Rules of Appellat…
  • AVIS Rent-A-Car Sys. & Liberty Mut. Ins. Co. v. Hulbert, 487 So. 2d 1168 (Fla. 1st DCA 1986)
    …ch fees makes it inappropriate and improper for counsel to seek or require claimant to pay any fee on account of services on this appeal. Counsel for appellee shall deliver a copy of this opinion to her client. Antennas for Communication v. Compton, 482 So. 2d 610 (Fla. 1st DCA 1986). NIMMONS and BARFIELD, JJ., and FRANK, RICHARD H., Associate Judge, concur.…

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