FLORIDA FARM BUREAU CASUALTY INSURANCE COMPANY, PETITIONER,
v.
MORRIS STEVENS NURSERIES, ST. VINCENT'S HOSPITAL AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS

Fla. | 1967-10-11
No. 36417
CALDWELL, C. J., and THOMAS, ROBERTS, DREW and THORNAL, JJ„ concur.
203 So. 2d 167 Florida Supreme Court (1967)

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Synopsis

The Florida Supreme Court reviewed an order from the Florida Industrial Commission. The court quashed the portion of the order awarding attorney's fees to the claimant's attorneys, finding it improper under state statute, but affirmed the rest of the order.


Holding

No, the portion of the order awarding attorney's fees to the claimant's attorneys was not proper because Florida Statutes Section 440.34(1) only provides for the payment of attorney's fees for the injured employee.


Key Quotes

“That portion of the Commission's Order awarding attorney's fees to the claimant's attorneys was not proper and is quashed.”

Establishes the court's decision regarding the attorney's fees.

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Facts & Procedural History

The Florida Industrial Commission issued an order on March 23, 1967. The petitioner, Florida Farm Bureau Casualty Insurance Company, sought review of …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

By petition for a writ of certiorari we have for review an order of the Florida Industrial Commission bearing date March 23, 1967.

We find that oral argument would serve no useful purpose and it is, therefore, dispensed with pursuant to Florida Appellate Rule 3.10, subd. e, 32 F.S.A.

That portion of the Commission’s Order awarding attorney’s fees to the claimant’s attorneys was not proper and is quashed. Florida Statutes Section 440.34 (1), F.S.A. provides only for payment of attorney’s fees for the “injured” employee.

Our consideration of the petition, the record and briefs leads us to conclude that there has been no deviation from the essential requirements of law other than as indicated above.

The petition for writ of certiorari is, therefore, granted and the Order of the Full Commission is quashed in part and affirmed in part.

CALDWELL, C. J., and THOMAS, ROBERTS, DREW and THORNAL, JJ„ concur.


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