JUDY SPINELLI, APPELLANT,
v.
NATIONAL HEALTH CARE CENTER AND FEISCO RISK MANAGEMENT SERVICES, APPELLEES

Fla. 1st DCA | 2003-09-12
No. 1D02-3688
BENTON, PADOVANO, and BROWNING, JJ., concur.
854 So. 2d 259 Florida District Court of Appeal, First District (2003) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Judy Spinelli appeals denial of all the costs she listed in her Verified Petition for Attorney’s Fees and Costs (Petition). Entitled to costs as a prevailing party, see § 440.34(3), Fla. Stat. (2002), she filed her Petition in conformity with Fla. R. Work. Comp. P. 4.144, except that she did not verify the Petition. The judge of compensation claims specifically disallowed the costs she sought involving Dr. Stefopoulos as unreasonably incurred. The order under review denied all other costs on the stated ground that claimant’s counsel had “submitted no fisting or documentation.”

While the Petition itself itemized costs, and might have afforded adequate documentation, if it had been verified, it was not verified and no affidavits were attached or submitted in support. Accordingly, we affirm the order, both insofar as it denies costs involving Dr. Stefopoulos and otherwise, no error having been shown to appear. Affirmed.

BENTON, PADOVANO, and BROWNING, JJ., concur.


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Citator

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  • …Dictionary, 782 (8th Ed. 2004). The E/C’s counsel testified his clients paid all items listed in the attachment to the motion and his firm was required to personally guarantee the services of all vendors. In Spinelli v. National Health Care Center, 854 So. 2d 259 (Fla. 1st DCA 2003), we suggested a verified petition itemizing costs might constitute adequate documentation to support an award of costs in a workers’ compensation proceeding. We cannot imagine what [*746] additional information the E/C could have…
  • Nixon v. BMLRW, LLLP, 107 So. 3d 564 (Fla. 1st DCA 2013)
    …PER CURIAM. Appellee’s Motion to Dismiss, filed January 17, 2013, is granted, and the appeal is dismissed for lack of jurisdiction. See, e.g., Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994); Dep’t of Health, Bd. of Medicine v. Thomas, 854 So. 2d 259 (Fla. 1st DCA 2003). ROBERTS, WETHERELL, and MARSTILLER, JJ., concur.…
  • …t portion of the final judgment, finding that an award of attorney’s fees against appellant is appropriate and reserving jurisdiction to determine the amount of fees, is not properly before this court. See Dep’t of Health, Bd. of Medicine v. Thomas, 854 So. 2d 259 (Fla. 1st DCA 2003). KAHN, WEBSTER, and POLSTON, JJ., concur.…

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