ZAMPELL REFRACTORIES, INC. AND ZURICH NORTH AMERICA, APPELLANTS/CROSS-APPELLEES,
v.
RANDY WELCH, APPELLEE/CROSS-APPELLANT

Fla. 1st DCA | 2011-04-14
No. 1D10-5592
DAVIS, LEWIS, and WETHERELL, JJ., concur.
61 So. 3d 1160 Florida District Court of Appeal, First District (2011) Positive Treatment
Cited by 10 cases
Topics
Intentional Misrepresentation Appealability Of Non-Final Orders Worker'S Compensation Benefits Reservation Of Jurisdiction

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The employer and carrier appeal an order of the Judge of Compensation Claims (JCC) finding that Claimant did not intentionally misrepresent his condition in an effort to obtain workers’ compensation benefits. Claimant cross-appeals the JCC’s limitation of his attorney’s fee to a guideline fee. We AFFIRM without comment the employer/carrier’s appeal. Because the JCC reserved jurisdiction to determine the amount of the fee, we DISMISS the cross-appeal for lack of jurisdiction. See Se. Recycling v. Cottingim, 728 So.2d 342, 343 (Fla. 1st DCA 1999) (dismissing “portion of order which determines entitlement to attorney’s fees but reserves jurisdiction to set the amount of the fee” for lack of jurisdiction). See also Wometco Enters. v. Cordoves, 650 So.2d 1117 (Fla. 1st DCA 1995) (holding order adjudicating entitlement to attorney’s fee but reserving jurisdiction on amount was “neither a final order not an appealable non-final order”).

DAVIS, LEWIS, and WETHERELL, JJ., concur.

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Citator

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  • Polk Cnty. Bd. OF Cnty. Comm'rs & Commercial Risk Mgmt. v. Lyon-Spires, 85 So. 3d 582 (Fla. 1st DCA 2012)
    …entitlement to attorney’s fees but reserves jurisdiction to set the amount of the fee, we dismiss the appeal for lack of jurisdiction. See Se. Recycling v. Cottongim, 728 So. 2d 342 (Fla. 1st DCA 1999); see also Zampell Refractories, Inc. v. Welch, 61 So. 3d 1160 (Fla. 1st DCA 2011); Wometco Enters. v. Cordoves, 650 So. 2d 1117 (Fla. 1st DCA 1995). As to the remainder of the order, we affirm without further comment. ROBERTS, WETHERELL, and ROWE, JJ., concur.…
  • Stanley Steemer Int'l v. Smith, 139 So. 3d 507 (Fla. 1st DCA 2014)
    …to costs, the issues relating to these claims are not ripe for appellate review and we dismiss for lack of jurisdiction those portions of the appeal and cross-appeal relating to the awards of fees and costs. See Zampell Refractories, Inc., v. Welch, 61 So. 3d 1160 (Fla. 1st DCA 2011) (dismissing cross-appeal for lack of jurisdiction where JCC reserved jurisdiction on fee amount). In all other respects, the order on appeal is AFFIRMED. VAN NORTWICK, PADOVANO, and MARSTILLER, JJ., concur.…
  • Virgie Washburn v. Fla's. Natural Growers & Alternative Serv. Concepts, 65 So. 3d 1093 (Fla. 1st DCA 2011)
    …ut comment the major contributing cause issue raised by the E/C on cross-appeal. Because the JCC reserved jurisdiction to determine the amount of the fee, we DISMISS the cross-appeal for lack of jurisdiction. See Zampell Refractories, Inc. v. Welch, 61 So. 3d 1160 (Fla. 1st DCA 2011) (dismissing cross-appeal for lack of jurisdiction because JCC reserved jurisdiction to determine amount of attorney’s fee). See also Se. Recycling v. Cottingim, 728 So. 2d 342, 343 (Fla. 1st DCA 1999) (dismissing “portion of orde…

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