Cardona v. Commercial Building Maintenance, Inc.

District Court of Appeal of Florida

Cardona v. Commercial Building Maintenance, Inc.

626 So. 2d 335, 1993 Fla. App. LEXIS 11528, 1993 WL 469431

CourtDistrict Court of Appeal of Florida

DecidedNovember 17, 1993

DocketNo. 92-2503

StatusPublished

This text of 626 So. 2d 335 (Cardona v. Commercial Building Maintenance, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cardona v. Commercial Building Maintenance, Inc., 626 So. 2d 335, 1993 Fla. App. LEXIS 11528, 1993 WL 469431 (Fla. Ct. App. 1993).

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LAWRENCE, Judge.

Jairo Cardona appeals the decision of the judge of compensation claims (JCC) denying him attorney’s fees and costs. Cardona asserted entitlement to attorney’s fees based on sections 440.34(3)(a) and (b), Florida Statutes (1989). The standard of review of a JCC’s award or denial of attorney’s fees under section 440.34(3), is whether the findings on which the award or denial is based, are supported by competent, substantial evidence. Palumbo v. Metropolitan Dade County, 465 So.2d 647 (Fla. 1st DCA 1985). After careful review of the record, we find there is competent, substantial evidence to support the JCC’s finding and hereby affirm.

KAHN, J., concurs. SMITH, J., dissents, with opinion.

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LAWRENCE, Judge.

Jairo Cardona appeals the decision of the judge of compensation claims (JCC) denying him attorney’s fees and costs. Cardona asserted entitlement to attorney’s fees based on sections 440.34(3)(a) and (b), Florida Statutes (1989). The standard of review of a JCC’s award or denial of attorney’s fees under section 440.34(3), is whether the findings on which the award or denial is based, are supported by competent, substantial evidence. Palumbo v. Metropolitan Dade County, 465 So.2d 647 (Fla. 1st DCA 1985). After careful review of the record, we find there is competent, substantial evidence to support the JCC’s finding and hereby affirm.

KAHN, J., concurs. SMITH, J., dissents, with opinion.

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626 So. 2d 335, 1993 Fla. App. LEXIS 11528, 1993 WL 469431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cardona-v-commercial-building-maintenance-inc-fladistctapp-1993.

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