TRANSPORTATION CASUALTY INSURANCE COMPANY, APPELLANT,
v.
MARK J. FELDMAN AND PAUL BUECHELE, APPELLEES
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The court held that the trial court erred in awarding attorney's fees under section 627.428 for a worker's compensation case, as only section 440.34 applies, but affirmed the award for fees incurred in a rule nisi proceeding.
[1] Section 627.428, Florida Statutes, does not authorize attorney's fees in worker's compensation cases, which are governed by section 440.34, Florida Statutes.
[2] Compensation claims judges, not circuit court judges, are generally authorized to award attorney's fees in worker's compensation cases under section 440.34, Florida Statu…
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Join FLexlaw to unlock all legal intelligenceTransportation Casualty Insurance Company appealed a final judgment awarding Mark Feldman attorney's fees and costs. The trial court awarded $56,800.0…
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PER CURIAM.
Appellant, Transportation Casualty Insurance Company (“Transportation”), appeals a final judgment awarding Mark Feldman (“Feldman”), $56,800.00 in attorney’s fees and costs pursuant to section 627.428, Florida Statutes (1991). We reverse.
Section 627.428, Florida Statutes (1991), authorizes an award of attorney’s fees for insureds who successfully sue their insurers. See § 627.428, Fla. Stat. (1991). Section 627.428, however, does not authorize attorney’s fees in worker’s compensation cases because worker’s compensation cases are governed by section 440.34, Florida Statutes (1991). See Aetna Ins. Co. v. Houck, 411 So. 2d 936, 938 (Fla. 1st DCA 1982); see also § 430.34, Fla. Stat. (1991).
Under section 440.34, Florida Statutes (1991), compensation claims judges, not circuit court judges, are authorized to award attorney’s fees in worker’s compensation cases. See § 440.34, Fla. Stat. (1991). However, when section 440.34(1) is read in connection with section 440.24(1), it allows circuit court judges to award attorney’s fees in proceedings such as a rule nisi action to enforce payments of compensation. See McCormick v. Messink, 208 So. 2d 113 (Fla. 2d DCA 1968).
Here, the trial court awarded Feld-man $4,200.00 in attorney’s fees incurred in the rule nisi proceeding. At oral argument, Transportation conceded that Feld-man is entitled to $4,200.00 in attorney’s fees. Therefore, we find that the trial court’s award of $4,200.00 for attorney’s fees incurred in the rule nisi proceeding is proper. However, we find that the trial court judge did not have statutory authority to award any other attorney’s fees in this case.
Our reversal of the final judgment on attorney’s fees and costs, however, does not preclude Feldman from pursuing a claim for tortious interference with a business relationship in the circuit court. Accordingly, we reverse the trial court’s order, awarding Feldman attorney’s fees and costs for $56,800.00, except the $4,200.00 that Transportation conceded.
Reversed.
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Citator
Cited By
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Jose M. Francisco, P.A. v. Espinosa, 954 So. 2d 1213 (Fla. 3d DCA 2007)…eal follows. We agree that the judge of compensation claims has exclusive jurisdiction to determine the fees to which the P.A. is entitled in this situation. See §§ 440.20(11)(c), 440.105(3)(c), Fla. Stat. (2006); Transp. Cas. Ins. Co. v. Feldman, 927 So. 2d 947, 948 (Fla. 3d DCA 2006); McFadden v. Hardrives Const., Inc., 573 So. 2d 1057, 1059 (Fla. 1st DCA 1991). Affirmed.…
Authorities Cited
- McCORMICK v. Fern Elizabeth Messink, 208 So. 2d 113 (Fla. 2d DCA 1968)
- AETNA Ins. Co. v. Houck, 411 So. 2d 936 (Fla. 1st DCA 1982)