STANLEY STEEMER INTERNATIONAL, INC. AND BROADSPIRE, APPELLANTS/CROSS-APPELLEES,
v.
TROY SMITH, APPELLEE/CROSS-APPELLANT
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Both the Employer/Carrier (E/C) and Claimant, through appeal and cross-appeal, challenge an order by the Judge of Compensation Claims (JCC) awarding Claimant attendant care benefits, along with attorney’s fees. Finding no error in the JCC’s rejection of the E/C’s affirmative defense based on misrepresentation and no merit to the arguments raised concerning the award of attendant care benefits, we affirm these issues without further discussion. Because the JCC retained jurisdiction over the amount of attorney’s fees and entitlement 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.
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Levy Cnty. Transit/Gallagher Bassett Servs. v. Kokenzie, 230 So. 3d 1290 (Fla. 1st DCA 2017)…w the issue at this time. Indeed, this court has repeatedly held that a determination of entitlement to attorney’s fees is not ap-pealable where jurisdiction is reserved to determine the amount of the fees. See, e.g., Stanley Steemer Int’l v. Smith, 139 So. 3d 507 (Fla. 1st DCA 2014); Dep’t of Corr. v. Ferguson, 98 So. 3d 669, 670 (Fla. 1st DCA 2012); Polk Cty. Bd. of Cty. Comm’rs v. Lyon-Spires, 85 So. 3d 582 (Fla. 1st DCA 2012); Zampell Refractories, Inc. v. Welch, 61 So. 3d 1160 (Fla. 1st DCA 2011); Dep’t…
Authorities Cited
- Zampell Refractories, Inc. v. Welch, 61 So. 3d 1160 (Fla. 1st DCA 2011)