JOE D. NICHOLSON, APPELLANT,
v.
ROSS PRODUCTS, INC., A DELAWARE CORPORATION, APPELLEE
JOE D. NICHOLSON, APPELLANT,
ROSS PRODUCTS, INC., A DELAWARE CORPORATION, APPELLEE
506 So. 2d 487
Florida District Court of Appeal, Fourth District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Although we sympathize with appellant’s position that reason and consistency would suggest that attorney’s fees be awarded upon a judicial determination that an employee has been wrongfully discharged because he filed a worker’s compensation claim, we can find no provision in the statutes for such an award. See § 440.205, Fla.Stat. (1985). We disagree with appellant’s contention that the trial court erred in failing to find and enforce a stipulation between the parties for the award of fees.
ANSTEAD, DELL and WALDEN, JJ., concur.
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Citator
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Girardo Baca Flores v. Roof Tile Admin., Inc., 887 So. 2d 360 (Fla. 3d DCA 2004)…order striking Flores’ claim for attorney’s fees. We agree with the Fourth District that chapter 440 does not provide for attorney’s fees to be awarded against an employer in an action for retaliatory discharge. See Nicholson v. Ross Products, Inc., 506 So. 2d 487 (Fla. 4th DCA 1987); § 440.34, Fla. Stat. (1997). Affirmed in part, reversed in part. COPE, J., concurs.…