ROBERT MIRLISENA, APPELLANT,
v.
CHEMLAWN CORPORATION AND SCOTT WETZEL SERVICES, APPELLEES

Fla. 1st DCA | 1992-04-13
No. 91-961
BOOTH and BARFIELD, JJ., concur.
597 So. 2d 877 Florida District Court of Appeal, First District (1992) Positive Treatment
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Appellant Robert Mirlisena sought interest on an attorney's fee award in a workers' compensation case, but the Judge of Compensation Claims (JCC) lacked jurisdiction to consider his motion because it was filed more than 30 days after the fee order was mailed. Although the court agreed on the merits that interest should be payable, jurisdictional constraints required affirmance.


Holding

The JCC lacked jurisdiction to entertain the motion for interest because it was filed beyond the 30-day period specified in section 440.25(4)(a), Florida Statutes, after which compensation claims orders become final unless appealed. However, the court agreed on the merits that interest on attorney's fees is payable from the date the award is made.


Headnotes

[1] An order of a judge of compensation claims becomes final 30 days after mailing of copies of the order to the parties, unless appealed within that period.

[2] A judge of compensation claims is divested of jurisdiction to entertain a motion seeking interest on an attorney's fee award if the motion is filed more than 30 days afte…

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Key Quotes

“Such an order shall become final 30 days after mailing of copies of such an order to the parties, unless appealed pursuant to such rules.”

Establishes the statutory basis for the JCC's loss of jurisdiction over motions filed after 30 days

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Facts & Procedural History

Mirlisena's workers' compensation claim was initially denied by the JCC. He prevailed on appeal twice, and after remand for recalculation of appellate…

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Opinion of the Court
SMITH, Judge.

SMITH, Judge.

Appellant challenges an order entered by the Judge of Compensation Claims (JCC) denying his motion for imposition of interest on an award of attorney’s fees. Finding the JCC had become divested of jurisdiction to award interest by the time appellant’s motion for interest was filed, we affirm the order. Appellant filed a claim for benefits which the E/C, the appellees, controverted. Following a hearing, appellant’s claim was denied by the JCC. However, appellant prevailed on appeal, Mirlisena v. Chemlawn Corp., 527 So. 2d 908 (Fla. 1st DCA 1988). Thereafter, the cause was remanded to the lower tribunal for assessment of appellate attorney’s fees. That award was similarly appealed by appellant, and he again prevailed. Mirlisena v. Chemlawn Corp., 567 So. 2d 986 (Fla. 1st DCA 1990). The cause was again remanded for reconsideration of a reasonable appellate attorney’s fee. Thereafter, an award was made to appellant’s present counsel on appeal as well as a former appellate co-counsel, who is not involved in the instant appeal. This latter award of attorney’s fees was entered on November 27, 1990.

On February 1, 1991, the JCC received a motion from appellant, dated January 31, 1991, seeking imposition of interest on the award of attorney’s fees. Specifically, appellant alleged in the motion that attorney’s fees were due and payable on November 27, 1990, but that a draft in payment of the fee award was not forwarded until December 27, 1990.

After receiving argument of counsel, the JCC entered an order finding that appellant was not entitled to interest. The JCC did not explain the factual or legal basis for this conclusion, but presumably he agreed with the E/C, that a party has 30 days from the date of the fee order to pay it or appeal it.

Section 440.25(4)(a), Florida Statutes (1989), provides as follows:

Beginning on October 1, 1979, procedures with respect to appeals from orders of judges of compensation claims shall be governed by rules adopted by the Supreme Court. Such an order shall become final 30 days after mailing of copies of such an order to the parties, unless appealed pursuant to such rules.

(Emphasis added).

The certificate of service on the challenged order reveals copies were mailed on November 27, 1990. Appellant’s motion for interest was filed long after the 30 day period had expired. Accordingly, the JCC had no jurisdiction to entertain any motion that was not one seeking modification or was not simply a new claim. Thus, we affirm the result reached below.

As to the merits of appellant’s argument, we are in agreement with him. Interest on an award of attorney’s fees is payable as of the date an award is made. See, Stone v. Jeffres, 208 So. 2d 827 (Fla.1968). Thus, but for the JCC’s lack of jurisdiction, the motion for interest on the attorney’s fee award should have been granted.

Our decision in this case does not leave either party at a disadvantage. Upon request, attorney’s fee orders can be structured so as to provide a due date allowing sufficient time for processing and mailing checks. On the other hand, when a payment is not timely made, the payee may seek an interest award by motion filed within 30 days after mailing of the order. Accordingly, we AFFIRM the order under appeal.

BOOTH and BARFIELD, JJ., concur.


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Citator

Cited By

  • Spaulding v. Albertson's, Inc., 610 So. 2d 721 (Fla. 1st DCA 1992)
    …ssue of when interest begins to run on an award of attorney’s fees, we find that the rule is well-established that interest on an award of appellate attorney’s fees is payable as of the date the award is made by the JCC. Mirlisena v. Chemlawn Corp., 597 So. 2d 877 (Fla. 1st DCA 1992); see also Stone v. Jeffres, 208 So. 2d 827 (Fla.1968); Okaloosa County Gas District v. Mandel, 394 So. 2d 453 (Fla. 1st DCA 1981); and St. Regis Paper Co. v. Pellizzeri, 394 So. 2d 234 (Fla. 1st DCA 1981). Notwithstanding the fo…
  • …nd decrees” are to bear interest at the statutory rate. 208 So. 2d at 829. The court further observed that any other rule would encourage the payor to delay payment of fees. 208 So. 2d at 830. DHRS relies principally on Mirlisena v. Chemlawn Corp., 597 So. 2d 877 (Fla. 1st DCA 1992), in which the claimant had moved the judge of compensation claims for interest on an award of attorney’s fees after the judge’s award had become final.3 The judge denied the award and the claim [*335] ant appealed. The First Dist…
  • Hernandez v. Vill. OF Kings Creek Condo, 625 So. 2d 136 (Fla. 1st DCA 1993)
    …PER CURIAM. See Mirlisena v. Chemlawn Corp., 597 So. 2d 877 (Fla. 1st DCA 1992); Okaloosa County Gas Dist. v. Mandel, 394 So. 2d 453 [*137] (Fla. 1st DCA 1981); St. Regis Paper Co. v. Pellizzeri, 394 So. 2d 234 (Fla. 1st DCA 1981). AFFIRMED. ERVIN and LAWRENCE, JJ., and SHIVERS, Senior Judge, concur.…

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