VIRGIE WASHBURN, APPELLANT,
v.
FLORIDA'S NATURAL GROWERS AND ALTERNATIVE SERVICE CONCEPTS, APPELLEES
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The court affirmed the JCC's denial of permanent total disability benefits and its finding that the workplace accident was the major contributing cause of the claimant's work limitations, but dismissed the cross-appeal regarding attorney's fees for lack of jurisdiction because the JCC reserved jurisdiction to determine the fee amount.
The court affirmed the JCC's decisions on the merits but dismissed the cross-appeal regarding attorney's fees because the JCC reserved jurisdiction to determine the fee amount.
[1] A cross-appeal regarding attorney's fees is dismissed for lack of jurisdiction when the trial court reserves jurisdiction to determine the amount of the fee.
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Join FLexlaw to unlock all legal intelligenceVirginia Washburn, a claimant, suffered a workplace accident and sought permanent total disability benefits from her employer/carrier, Florida's Natur…
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Virginia Washburn, Claimant, appeals an order of the Judge of Compensation Claims (JCC) arguing that the JCC applied incorrect legal standards in denying her claim for permanent total disability benefits. Florida’s Natural Growers and Alternative Service Concepts; jointly the employer/carrier (E/C), cross-appeal, ar*1094guing that the JCC erred in finding that the major contributing cause of Claimant’s permanent work limitations was the workplace accident and in awarding Claimant an attorney’s fee. We AFFIRM without comment the issue argued by Claimant on appeal. We also AFFIRM without 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 order which determines entitlement to attorney’s fees but reserves jurisdiction to set the amount of the fee” for lack of jurisdiction).
VAN NORTWICK, PADOVANO, and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Se. Recycling & Argonaut Ins. Co. v. Cottongim, 728 So. 2d 342 (Fla. 1st DCA 1999)
- Zampell Refractories, Inc. v. Welch, 61 So. 3d 1160 (Fla. 1st DCA 2011)