LULA WHEELER, APPELLANT/CROSS-APPELLEE,
v.
SOUTH FLORIDA STATE HOSPITAL AND STATE OF FLORIDA, DIVISION OF RISK MANAGEMENT, APPELLEES/CROSS-APPELLANTS
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PER CURIAM.
The appellant challenges an order of the judge of compensation claims by which she was awarded attorney’s fees in an amount below the statutory percentages specified in section 440.34(1), Florida Statutes. Although we conclude that the fee award is reasonable and supported by the evidence, see Trans World Tire Co. v. Hagness, 651 So. 2d 124 (Fla. 1st DCA 1995), we are nonetheless constrained to reverse the order because the judge failed to make adequate factual findings on each of the statutory factors enumerated in section 440.34(1). See, e.g., Dobbs v. Suncoast Acoustics, 590 So. 2d 7 (Fla. 1st DCA 1991); General Kinetics v. Butts, 586 So. 2d 1331 (Fla. 1st DCA 1991); Mele v. Superior Pontiac GMC, Inc., 536 So. 2d 348 (Fla. 1st DCA 1988).
In light of the decision in South Florida State Hospital v. Wheeler, 745 So. 2d 1044 (Fla. 1st DCA 1999), the appellee’s cross appeal is without merit.
The order is reversed and this case is remanded for entry of an order which includes the requisite factual findings.
ERVIN, ALLEN and DAVIS, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Neville v. J.C. Penney Corp., 135 So. 3d 525 (Fla. 1st DCA 2014)…reasonable, the Court was “nonetheless constrained to reverse the order because the judge failed to make adequate factual findings on each of the statutory factors enumerated in section 440.34(1)[, Florida Statutes].” Wheeler v. S. Fla. State Hosp., 752 So. 2d 1285, 1286 (Fla. 1st DCA 2000). The attorney fee awarded must be based on record evidence. In Smith v. U.S. Sugar Corp., 624 So. 2d 315, 319 (Fla. 1st DCA 1993), this Court reversed the JCC’s determination that a reasonable hourly rate was $150 per hour…
Authorities Cited
- Trans World Tire Co. & Transp. Cas. Ins. Co. v. Hagness, 651 So. 2d 124 (Fla. 1st DCA 1995)
- Dobbs v. Suncoast Acoustics & Claims Ctr., 590 So. 2d 7 (Fla. 1st DCA 1991)
- Gen. Kinetics & Travelers Ins. Co. v. Butts, 586 So. 2d 1331 (Fla. 1st DCA 1991)
- Mele v. Superior Pontiac GMC, Inc., 536 So. 2d 348 (Fla. 1st DCA 1988)
- S. Fla. State Hosp. & State of Fla. Div. of Risk Mgmt. v. Wheeler, 745 So. 2d 1044 (Fla. 1st DCA 1999)
- Negron v. State, 745 So. 2d 1044 (Fla. 3d DCA 1999)