VALERIE SAPP, APPELLANT,
v.
MIAMI-DADE POLICE DEPARTMENT AND MIAMI-DADE COUNTY RISK MANAGEMENT, APPELLEES

Fla. 1st DCA | 2012-03-20
No. 1D11-3697
DAVIS and RAY, JJ., concur.
82 So. 3d 212 Florida District Court of Appeal, First District (2012) Positive Treatment
Cited by 4 cases
Opinion of the Court
THOMAS, J.

THOMAS, J.

REVERSED and REMANDED for the Judge of Compensation Claims to determine, solely on the basis of the record without further receipt of evidence or argument, whether the Employer/Carrier had good cause for the lack of specificity of its initial response to Claimant’s fee motion, or for the untimeliness of its amended response to Claimant’s fee motion, and for a ruling on fees given that finding as to *213good cause. See Fla. Admin. Code R. 60Q-6.124(3)(b); Morrison Mgmt. Specialists/Xchanging Integrated Servs. Group, Inc. v. Pierre, 77 So.3d 662 (Fla. 1st DCA 2011) (remanding for determination of whether good cause existed for late filing of response to motion for attorney’s fees); Lias v. Anderson & Shah Roofing, Inc., 867 So.2d 599 (Fla. 1st DCA 2004) (reversing judge’s deviation from limited scope of remand, and again remanding for determination of factual issue “without the taking of further testimony” and entry of ruling resulting from that determination).

DAVIS and RAY, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Sapp v. Miami-Dade Police Dep't & Miami-Dade Cnty. Risk Mgmt., 98 So. 3d 1273 (Fla. 1st DCA 2012)
    …THOMAS, J. We reverse and remand for the Judge of Compensation Claims (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 Empl…
  • Nelson v. Pharmerica, 180 So. 3d 130 (Fla. 1st DCA 2015)
    …me specified’ ” rather than simple inadvertence or mistake of counsel or ignorance of the rules.” Id. at 666 (quoting Winters v. Teledyne Movible Offshore, Inc., 776 F. 2d 1304, 1306 (5th Cir.1985)). In Sapp v. Miami-Dade Police Department (Sapp I), 82 So. 3d 212, 212-13 (Fla. 1st DCA 2012), the appealed order was reversed and the matter remanded to the JCC to determine “whether the [E/C] had good cause for the lack of specificity of its initial response to Claimant’s fee motion, or for the untimeliness of i…

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