Cheney v. Changes International

District Court of Appeal of Florida

Cheney v. Changes International

867 So. 2d 1258, 2004 Fla. App. LEXIS 3496, 2004 WL 524887

CourtDistrict Court of Appeal of Florida

DecidedMarch 18, 2004

DocketNo. 1D03-1248

StatusPublished

This text of 867 So. 2d 1258 (Cheney v. Changes International) 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.

Bluebook

Cheney v. Changes International, 867 So. 2d 1258, 2004 Fla. App. LEXIS 3496, 2004 WL 524887 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

Claimant Diane Cheney appeals the Judge of Compensation Claim’s (“JCC”) order awarding her attorney’s fees. She argues that the JCC erred in downwardly departing from the presumptively fair fee determined in section 440.34(1), Florida Statutes (1999). We agree and, therefore, reverse. The findings the JCC made in support of the downward departure are not supported by competent substantial evidence. See Alderman v. Fla. Plastering, 805 So.2d 1097, 1099-1100 (Fla. 1st DCA 2002) (stating that a JCC’s determination that a particular section 440.34(1) factor exists and should be applied to support a downward departure must be supported by competent substantial evidence). On remand, the JCC is directed to award claimant the presumptively fair fee.

REVERSED and REMANDED with directions.

WOLF, C.J., PADOVANO and POLSTON, JJ., concur.

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PER CURIAM.

Claimant Diane Cheney appeals the Judge of Compensation Claim’s (“JCC”) order awarding her attorney’s fees. She argues that the JCC erred in downwardly departing from the presumptively fair fee determined in section 440.34(1), Florida Statutes (1999). We agree and, therefore, reverse. The findings the JCC made in support of the downward departure are not supported by competent substantial evidence. See Alderman v. Fla. Plastering, 805 So.2d 1097, 1099-1100 (Fla. 1st DCA 2002) (stating that a JCC’s determination that a particular section 440.34(1) factor exists and should be applied to support a downward departure must be supported by competent substantial evidence). On remand, the JCC is directed to award claimant the presumptively fair fee.

REVERSED and REMANDED with directions.

WOLF, C.J., PADOVANO and POLSTON, JJ., concur.

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867 So. 2d 1258, 2004 Fla. App. LEXIS 3496, 2004 WL 524887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheney-v-changes-international-fladistctapp-2004.

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