LUANNE MIMS, PETITIONER,
v.
LIPTON TOYOTA, INC. AND PCA SOLUTIONS, INC., RESPONDENTS
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The Florida Supreme Court affirmed the First District Court of Appeal's decision in a workers' compensation attorney fees case, holding that prejudgment interest does not accrue on attorney fees awarded under workers' compensation law from the date entitlement was determined.
Prejudgment interest does not accrue on attorney fees awarded pursuant to workers' compensation law from the date entitlement to such fees was determined.
[1] Prejudgment interest does not accrue on attorney fees awarded under workers' compensation law from the date entitlement to such fees was determined.
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Join FLexlaw to unlock all legal intelligenceMims sought review of a First District Court of Appeal decision that affirmed a trial court judgment in a workers' compensation matter involving attor…
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WELLS, Justice.
We have for review Mims v. Lipton Toyota, Inc., 700 So. 2d 397 (Fla. 1st DCA 1997), in which the First District Court of Appeal affirmed the trial court in a per curiam decision without a written opinion, citing Wells Fargo Armored Services v. Lee, 692 So. 2d 284 (Fla. 1st DCA 1997). We accepted jurisdiction because Wells Fargo was pending in this Court upon a certified question of great public importance as to whether this Court’s decision in Quality Engineered Installation, Inc. v. Higley South, Inc., 670 So. 2d 929 (Fla.1996), extended to permit accrual of prejudgment interest on attorney fees awarded pursuant to the workers’ compensation law from the date entitlement to such fees was determined. Jollie v. State, 405 So. 2d 418 (Fla.1981). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.
In Lee v. Wells Fargo Armored Services, Inc., 707 So. 2d 700 (Fla.1998), we answered the certified question in the negative and approved the decision of the district court. Therefore, upon the authority of our disposition of Lee v. Wells Fargo, we approve the decision of the district court in this case.
It is so ordered.
KOGAN, C.J., OVERTON, SHAW, HARDING and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Valdes v. Galco Constr. & GAB, 922 So. 2d 252 (Fla. 1st DCA 2006)…fees was established by final order ... because section 440.34(1) provided that no fee could be paid in workers’ compensation cases for services rendered until approved [*256] by the workers’ compensation claims judge”); Mims v. Lipton Toyota, Inc., 709 So. 2d 106, 106 (Fla.1998); Lee v. Wells Fargo Armored Servs., 707 So. 2d 700, 702 (Fla.1998) (“[A]n attorney fee cannot be paid until it is approved as reasonable by the JCC or court having jurisdiction over the proceeding.... It naturally follows that there…
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Pub. Health Trust/Jackson Mem'l Hosp. & Miami-Dade Cnty. v. Spencer, 826 So. 2d 995 (Fla. 3d DCA 2001)…oard v. Paulk, 705 So. 2d 37 (prejudgment interest on attorney’s fees authorized pursuant to Workers’ Compensation Law does not accrue from date of determination of entitlement where amount has not yet been established); Mims v. Lipton Toyota, Inc., 709 So. 2d 106 (Fla.1998)(same). Accordingly, we reverse the award of prejudgment interest. However, with regard to the issue on cross-appeal, we affirm the amount of the attorney fee award. The record fully supports the trial judge’s award of $8,125 for 32.5 hou…
Authorities Cited
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- Quality Engineered Installation, Inc. v. Higley S., Inc., 670 So. 2d 929 (Fla. 1996)
- Luanne Mims v. Lipton Toyota, Inc., 700 So. 2d 397 (Fla. 1st DCA 1997)
- LEE v. Wells Fargo Armored Servs. & Travelers Ins. Co., 707 So. 2d 700 (Fla. 1998)
- Wells Fargo Armored Servs. & The Travelers v. LEE, 692 So. 2d 284 (Fla. 1st DCA 1997)