GUNITE WORKS AND HILL, RICHARDS & COMPANIES, INC., APPELLANTS,
v.
JOHN BARNES, APPELLEE
GUNITE WORKS AND HILL, RICHARDS & COMPANIES, INC., APPELLANTS,
JOHN BARNES, APPELLEE
502 So. 2d 65
Florida District Court of Appeal, First District (1987)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The appellant appeals the deputy commissioner’s order in this workers’ compensation case awarding temporary total and temporary partial disability benefits to the claimant/appellee. We find competent, substantial evidence to support the deputy’s order and affirm. The scrivener’s error in the decretal portion of the order should be corrected to reflect an award of $148.51 per week for the period of February 25, 1984 through June 27, 1984.
AFFIRMED as modified.
ERVIN, SHIVERS and ZEHMER, JJ., concur,
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Kadlecik v. Haim, 79 So. 3d 892 (Fla. 5th DCA 2012)….... ” Catapane, 759 So. 2d at 11. 825 So. 2d at 951. Of course, a prevailing defendant in a wrongful death case may recover fees from the estate when the personal representative rejects a reasonable offer of settlement. See In re Estate of Bronk, 502 So. 2d 65 (Fla. 1st DCA 1987); accord Walker v. Bozeman, 243 F. Supp. 2d 1298 (N.D.Fla.2003) (holding that award of attorneys’ fees under Florida’s offer of judgment statute in favor of defendant in wrongful death action could not be recovered from survivors,…
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Hogan & Sons, Inc. v. Birks, 773 So. 2d 1283 (Fla. 1st DCA 2000)…ecord supports the Judge’s finding, and the claimant concedes in her answer brief that the correct date of MMI was February 12, 1997. Accordingly, we modify the final order to reflect the date of MMI as February 12, 1997. See Gunite Works v. Barnes, 502 So. 2d 65 (Fla. 1st DCA 1987)(correcting obvious scrivener’s error in workers’ compensation order). AFFIRMED as modified. ERVIN, J. and SMITH, LARRY, Senior Judge, concur. WEBSTER, J., dissents with opinion.…