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

Fla. 1st DCA | 2012-10-19
No. 1D12-2387
WOLF and CLARK, JJ., concur.
98 So. 3d 1273 Florida District Court of Appeal, First District (2012) Positive Treatment
Cited by 2 cases
Opinion of the Court
THOMAS, J.

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 Employer’s failure to comply with Florida Administrative Code Rule 60Q-6.124(3)(b), the JCC had no discretion to reduce the attorney fee award here, as the legal sufficiency of Claimant’s fee petition was not at issue.

REVERSED and REMANDED.

WOLF and CLARK, JJ., concur.

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Citator

Cited By

  • Nelson v. Pharmerica, 180 So. 3d 130 (Fla. 1st DCA 2015)
    …pecificity 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 good cause.” In Sapp v. Miami-Dade Police Department (Sapp II), 98 So. 3d 1273 (Fla. 1st DCA 2012), this Court reversed and remanded for entry of an order awarding a fee of $45,990, explaining: Under this court’s remand in Sapp I, onee the JCC determined that no good cause existed to excuse the self-insured Employer’s failure…

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