Cast Crete Corp. v. Burney

District Court of Appeal of Florida

Cast Crete Corp. v. Burney

507 So. 2d 755, 12 Fla. L. Weekly 1313, 1987 Fla. App. LEXIS 8376

CourtDistrict Court of Appeal of Florida

DecidedMay 21, 1987

DocketNo. BK-86

StatusPublished

This text of 507 So. 2d 755 (Cast Crete Corp. v. Burney) 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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Cast Crete Corp. v. Burney, 507 So. 2d 755, 12 Fla. L. Weekly 1313, 1987 Fla. App. LEXIS 8376 (Fla. Ct. App. 1987).

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BARFIELD, Judge.

There is substantial competent evidence to support the deputy’s conclusion that Cast Crete Corporation is responsible for the payment of temporary total disability benefits and treatment for claimant. Those awards are AFFIRMED. The record further reflects that the parties stipulated that the determination of attorney fees would be deferred to a later hearing. Notwithstanding this understanding of the parties, the deputy made a determination of attorney fees in the proceeding concurrent with the other benefits payable to claimant. The matter not being properly before the deputy at the hearing, no determination on fees should have been made. The award of attorney fees is REVERSED and the claim is REMANDED to the deputy commissioner for further proceedings on the matter of attorney fees after proper notice.

WENTWORTH, J., concurs. MILLS, J., concurs in part and dissents in part, with written opinion.

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BARFIELD, Judge.

There is substantial competent evidence to support the deputy’s conclusion that Cast Crete Corporation is responsible for the payment of temporary total disability benefits and treatment for claimant. Those awards are AFFIRMED. The record further reflects that the parties stipulated that the determination of attorney fees would be deferred to a later hearing. Notwithstanding this understanding of the parties, the deputy made a determination of attorney fees in the proceeding concurrent with the other benefits payable to claimant. The matter not being properly before the deputy at the hearing, no determination on fees should have been made. The award of attorney fees is REVERSED and the claim is REMANDED to the deputy commissioner for further proceedings on the matter of attorney fees after proper notice.

WENTWORTH, J., concurs. MILLS, J., concurs in part and dissents in part, with written opinion.

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507 So. 2d 755, 12 Fla. L. Weekly 1313, 1987 Fla. App. LEXIS 8376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cast-crete-corp-v-burney-fladistctapp-1987.

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