LONNIE L. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1988-05-27
No. 87-894
ERVIN, BOOTH and WENTWORTH, JJ., concur.
525 So. 2d 1003 Florida District Court of Appeal, First District (1988) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The order of the trial court is affirmed without prejudice to the appellant to file for any relief which might be accorded pursuant to a 3.850 motion.

AFFIRMED.

ERVIN, BOOTH and WENTWORTH, JJ., concur.


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  • Wiseman v. AT & T Techs., Inc., 569 So. 2d 508 (Fla. 1st DCA 1990)
    …t’s counsel obtained reinstatement of temporary total disability benefits and additional medical care. Here, as in Jackson and Barr v. Pantry Pride, those benefits would not have been forthcoming but for counsel’s efforts. See also Groves v. Butler, 525 So. 2d 1003 (Fla. 1st DCA 1988). The second issue is directed to the judge’s application of the decisions in International Paper Co. v. McKinney, 384 So. 2d 645 (Fla.1980), and Samurai of the Falls, Inc. v. Sul, 509 So. 2d 359 (Fla. 1st DCA), review denied, 51…
  • …s fees is appropriate based on a finding of compensability and all other benefits which flow from that finding; that is, the fee should be predicated upon the total benefits secured as a result of the intervention of the attorney.” Groves v. Butler, 525 So. 2d 1003, 1004 (Fla. 1st DCA 1988). [*1097] In this case, the E/C temporarily suspended claimant’s PTD benefits pursuant to the following statute: The employer’s or carrier’s right to conduct vocational evaluations or testing pursuant to s. 440.491 continue…
  • …or claimant’s attorney’s intervention, claimant’s injury would not have been accepted as com-pensable and he would have received no benefits. Thus, all benefits that were obtained necessarily flowed from the attorney’s efforts. See Groves v. Butler, 525 So. 2d 1003 (Fla. 1st DCA 1988); Polote Corp. v. Meredith, 482 So. 2d 515 (Fla. 1st DCA 1986) (on reh’g). Cases the E/SA cites for the proposition that an E/SA who contests a claim at the beginning of the case is not liable for attorney’s fees on all subsequent…

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