RHONDA L. SMYTH, APPELLANT,
v.
K-MART CORPORATION, AND CAMBRIDGE INTEGRATED SERVICES, APPELLEES
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BARFIELD, J.
With the exception of the finding regarding the fee rate customarily charged in the locality for similar services, competent substantial evidence supports the factual findings in the appealed order awarding attorney fees to the claimant’s counsel. In response to the verified petition and affidavit in which the claimant’s counsel stated that the customary fee rate was $250 per hour for similar services, the employer/earrier presented no evidence, only an unsworn memorandum and counsel’s argument at the hearing. All other issues raised in this appeal are without merit. The order is REMANDED for a recalculation of the attorney fee, using the fee rate of $250 per hour, but in all other respects, the order is AFFIRMED.
LEWIS, J., concurs. WOLF, C.J., concurs with written opinion.
WOLF, C.J.,
Concurring.
Absent the holdings in Morris v. Dollar Tree Store, 869 So. 2d 704 (Fla. 1st DCA 2004), and Sanchez v. Woerner Management, Inc., 867 So. 2d 1173 (Fla. 1st DCA 2004), I would affirm the entire order of the Judge of Compensation Claims (JCC). The JCC has sufficient expertise to determine the reasonable hourly rate to be awarded to the attorney. In light of these previous holdings, however, I am constrained to concur in the decision of the majority.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hale v. Shear Express, Inc., 946 So. 2d 94 (Fla. 1st DCA 2006)…(Fla. 1st DCA 1993). In this regard, we reiterate that unsworn responses and arguments of counsel are not evidence upon which a judge of compensation claims may rely when determining the amount of a reasonable fee. See, e.g., Smyth v. K-Mart Corp., 905 So. 2d 921, 921 (Fla. 1st DCA 2005); Sanchez, 867 So. 2d at 1175. Because no competent substantial evidence was presented disputing the reasonableness of the fee requested by appellant’s appellate attorneys, we grant the Motion for Review of Appellate Attorne…
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Sapp v. Miami-Dade Police Dep't & Miami-Dade Cnty. Risk Mgmt., 98 So. 3d 1273 (Fla. 1st DCA 2012)…ims (JCC) to enter an order awarding Claimant employer-paid attorney’s fees in the amount of $45,990.00. See Sapp v. Miami-Dade Police Dep’t, 82 So. 3d 212 (Fla. 1st DCA 2012) (Sapp I); Fla. Admin. Code R. 60Q-6.124(3)(b); cf. Smyth v. K-Mart Corp., 905 So. 2d 921 (Fla. 1st DCA 2005). Under this court’s remand in Sapp I, once the JCC determined that no good cause existed to excuse the self-insured Employer’s failure to comply with Florida Administrative Code Rule 60Q-6.124(3)(b), the JCC had no discretion to…
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McDERMOTT v. United Parcel Service/Liberty Mut., 57 So. 3d 933 (Fla. 1st DCA 2011)…2004). “[UJnsworn responses and arguments of counsel are not evidence upon which a [JCC] may rely when determining the amount of a reasonable fee.” Hale v. Shear Express, Inc., 946 So. 2d 94, 96 (Fla. 1st DCA 2006) (relying on Smyth v. K-Mart Corp., 905 So. 2d 921, 921 (Fla. 1st DCA 2005)); Sanchez, 867 So. 2d at [*935] 1175. Accordingly, the JCC’s finding that $200 was the customary hourly rate is REVERSED, and this matter is REMANDED for further proceedings consistent with this opinion. LEWIS, CLARK, and…
Authorities Cited
- Sanchez v. Woerner Mgmt., 867 So. 2d 1173 (Fla. 1st DCA 2004)
- Morris v. Dollar Tree Store & Specialty Risk Servs., 869 So. 2d 704 (Fla. 1st DCA 2004)