AETNA MAINTENANCE CORP. AND STATE FARM FIRE & CASUALTY CO., APPELLANTS,
v.
FRANK LA BAFF, APPELLEE
[*CXXXIV] PER CURIAM.
Employer/carrier appeals from a worker’s compensation order dated October 23, 1978, awarding a fee of $23,000 to claimant’s attorney. We reverse.
The order in this case recites consideration of transcripts, affidavits, and testimony, as well as Lee Engineering & Construction Company v. Fellows, 209 So. 2d 454 (Fla.1968), and related cases. It does not, however, indicate how the various controlling factors are operative in the present case, and further fails to reveal the logic by which the fee was determined. McDonald’s Drive-In v. Shrewsberry, IRC Order 2-3144 (April 22, 1977); Florida International Univ. v. Phillips, IRC Order 2-3902 (Sept. 11, 1979). The order appealed thus lacks sufficient statement of ultimate facts to show the basis of the award as required by Vargas v. Americana of Bal Harbour, 345 So. 2d 1052 (Fla.1976), and Pierce v. Piper Aircraft Corp., 279 So. 2d 281 (Fla.1973).
The order is accordingly reversed and the cause remanded for the entry of an order consistent with the cited controlling decisions.
LARRY G. SMITH, Acting C. J., and SHAW and WENTWORTH, JJ., concur.
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Commercial Union Assurance Co. & Convalescent Care v. Hyman, 379 So. 2d 456 (Fla. 1st DCA 1980)…y’s fee awarded, the order fails to indicate what factors were considered in determining the amount of the fee. Again, such an order fails to comport with the requirements of Vargas, supra, and Pierce, supra. Cf., Aetna Maintenance Corp. v. La Baff, 377 So. 2d 53 (Fla. 1st DCA 1979). The order appealed is accordingly affirmed in part and reversed in part, and the cause remanded. ROBERT P. SMITH, Jr., LARRY G. SMITH and WENTWORTH, JJ., concur.…
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Mele v. Superior Pontiac GMC, Inc., 536 So. 2d 348 (Fla. 1st DCA 1988)…factors enumerated in Section 440.34(l)(a-h), Florida Statutes, and to indicate how each factor was operative in determining the fee. Central Truck Line, Inc. v. Coleman, 458 So. 2d 1145 (Fla. 1st DCA 1984); Aetna Maintenance Corporation v. LaBaff, 377 So. 2d 53 (Fla. 1st DCA 1979). The deputy stated in his order that his determination of attorney fees was based on the evidence, the provisions of Section 440.34, Florida Statutes, and the criteria enumerated in Lee Engineering & Construction Co. v. Fellows…
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Cent. Truck Lines, Inc. v. Coleman, 458 So. 2d 1145 (Fla. 1st DCA 1984)…d the cause because the deputy, in his order, failed to evaluate the statutory factors enumerated in Sections 440.34(l)(a-h), Florida Statutes, and to indicate how each factor was operative in determining the fee. Aetna Maintenance Corp. v. La Baff, 377 So. 2d 53 (Fla. 1st DCA 1979). The order of the deputy is, in pertinent part, as follows: I considered, weighed, and evaluated the testimony presented to me by the witnesses concerning each of the relevant factors set forth in FS 440.34(a) (a)-(h). A guides…
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- Gray v. Attorney Gen., State of Fla. and/or State Attorney, Cir. Court, Volusia Cnty., Fla., 209 So. 2d 454 (Fla. 1968)
- Pierce v. Piper Aircraft Corp., 279 So. 2d 281 (Fla. 1973)
- Vargas v. Americana OF BAL Harbour, 345 So. 2d 1052 (Fla. 1976)