SUNSHINE STEAK SALES ET AL., PETITIONERS-CROSS-RESPODENTS,
v.
MARIE DELGADO ET AL., RESPONDENTS, CROSS-PETITIONER
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The Florida Supreme Court reviewed an order from the Florida Industrial Commission, finding it largely correct but remanding for reconsideration of attorney's fees. The court directed the deputy commissioner to re-evaluate the attorney's services and make a new award if merited, referencing prior case law for guidance.
The order of the Florida Industrial Commission did not depart from the essential requirements of law, except for the issue of attorney's fees. This specific issue requires reconsideration by the deputy commissioner.
“we conclude that the order of the full commission displays no departure from the essential requirements of law, with the exception of the question concerning an award of attorney's fees posed by petitioners”
This quote establishes the court's general agreement with the commission's order, while highlighting the specific issue of attorney's fees as problematic.
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Join FLexlaw to unlock all legal intelligenceThe Florida Industrial Commission issued an order on February 4, 1966. Petitioners sought certiorari review of this order, raising an issue regarding …
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By petition and cross-petition for writ of certiorari we have for review an order of the Florida Industrial Commission bearing date February 4, 1966.
After having heard oral argument, and after consideration of the petitions, the record and briefs, we conclude that the order of the full commission displays no departure from the essential requirements of law, with the exception of the question concerning an award of attorney’s fees posed by petitioners, Sunshine Steak Sales and Consolidated Mutual Insurance Company. Inasmuch as this cause is remanded by the full commission to the deputy commissioner and the entry of a new Compensation Order the deputy must evaluate the services rendered by the attorney for the claimant and then make a suitable award of attorney’s fees if it is merited. The attention of the deputy is directed to a discussion of the matter of attorney’s fees in Paul Smith Construction Co. v. Florida Industrial Commission, Fla., 93 So.2d 735, and John Creighton v. Sears, Roebuck & Company and Florida Industrial Commission (Fla.1966), 190 So.2d 762, for the standards to be used in making an award.
The petition and cross-petition are denied.
It is further ordered that a fee of $350.-00 be awarded to the attorney for the respondents.
It is so ordered.
THORNAL, C. J., and THOMAS, ROBERTS, DREW and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Paul Smith Constr. Co. v. Fla. Indus. Comm'n, 93 So. 2d 735 (Fla. 1957)
- Creighton v. Sears, 190 So. 2d 762 (Fla. 1966)