PINCH-A-PENNY AND NATIONWIDE INSURANCE COMPANY, APPELLANTS,
v.
THERESA RUSSELL, APPELLEE

Fla. 1st DCA | 1987-11-17
No. BR-354
BOOTH and WIGGINTON, JJ., concur.
516 So. 2d 21 Florida District Court of Appeal, First District (1987) Positive Treatment
Cited by 2 cases


Opinion of the Court
BARFIELD, Judge.

BARFIELD, Judge.

The employer and carrier appeal a workers’ compensation order awarding temporary disability benefits, medical and psychiatric treatment, and rehabilitation services, asserting that their constitutional due process rights have been violated. They have raised nine separate issues asserting error in the deputy commissioner’s factual and procedural rulings, none of which have any merit. We find this appeal to be frivolous.

The claimant’s motion for appellate attorney fees is granted and the case is remanded to the deputy commissioner for determination of a reasonable appellate attorney fee. We note the enormous expenditure of time and labor which the claimant’s answer brief represents, the cogent arguments contained therein, and the experience, reputation and ability of the claimant’s counsel, all of which should be considered by the deputy commissioner. AFFIRMED and REMANDED for determination of the amount of a reasonable appellate attorney fee.

BOOTH and WIGGINTON, JJ., concur.


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  • Lewis v. Lewis, 569 So. 2d 1342 (Fla. 1st DCA 1990)
    …seeking custody of the children and child support payments from husband. Husband filed a motion to dismiss, alleging lack of subject matter jurisdiction, and the motion was denied by the trial court. This court reversed the denial in Lewis v. Lewis, 516 So. 2d 21 (Fla. 1st DCA 1987), holding: The order denying appellant’s motion to dismiss is reversed with directions that the trial court dismiss the petition. for lack of jurisdiction. See Bailey v. Malone, 389 So. 2d 348 (Fla. 1st DCA 1980); Elliott v. Weym…
  • Pasco Cnty. Bd. of Cnty. Comm'rs v. Bauer, 546 So. 2d 442 (Fla. 1st DCA 1989)
    …PER CURIAM. Affirmed. This appeal is patently frivolous and abusive of the appellate process. See Pinch-a-Penny v. Russell, 516 So. 2d 21 (Fla. 1st DCA 1987); Dade County Public Safety Dep’t and CNA v. Adams, 502 So. 2d 484 (Fla. 1st DCA 1987); Swanigan v. Dobbs House, 442 So. 2d 1026 (Fla. 1st DCA 1983); Catron Beverages, Inc. v. Maynard, 395 So. 2d 261 (Fla. 1st DCA 1981). Appelle…

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