City of Miami v. Majewski

District Court of Appeal of Florida

City of Miami v. Majewski

597 So. 2d 964, 1992 Fla. App. LEXIS 5066, 1992 WL 88914

CourtDistrict Court of Appeal of Florida

DecidedMay 5, 1992

DocketNo. 91-783

StatusPublished

This text of 597 So. 2d 964 (City of Miami v. Majewski) 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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City of Miami v. Majewski, 597 So. 2d 964, 1992 Fla. App. LEXIS 5066, 1992 WL 88914 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

This is an appeal of an order which required the appellant, City of Miami, to reimburse appellee for offsets which had been taken from her pension benefits. We affirm.

The issues raised by appellant have previously been rejected by this court and we reject them here. City of Miami v. Burnett, 596 So.2d 478, (Fla. 1st DCA 1992). See City of Daytona Beach v. Amsel, 585 So.2d 1044 (Fla. 1st DCA 1991). Accordingly, the order of the Judge of Compensation Claims is affirmed.

Appellee has filed a motion for an award of attorney’s fees against the employer for her legal representation on appeal. We grant the motion. We remand this matter to the Judge of Compensation Claims for the purpose of determining the amount of appellate attorney’s fees, in the event the parties cannot agree on an amount. In setting the amount of fees, the JCC should consider that part of our opinion in Burnett which dealt with attorney’s fees. We note that this is one of the cases in which the briefs were largely duplicative of other briefs filed by similarly situated appellees in a large number of cases which have been filed in this court involving the City of Miami’s pension offset ordinance. Although in this case, unlike Burnett, the City did file an objection to the attorney’s fee motion, the objection was not timely and, in fact, was not filed until after our opinion in Burnett issued. No motion to extend the time for filing a response to appellee’s motion for attorney’s fees was filed. Fla.W.C.R.P. 4.230(a).

ERVIN, WIGGINTON and MINER, JJ., concur.

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PER CURIAM.

This is an appeal of an order which required the appellant, City of Miami, to reimburse appellee for offsets which had been taken from her pension benefits. We affirm.

The issues raised by appellant have previously been rejected by this court and we reject them here. City of Miami v. Burnett, 596 So.2d 478, (Fla. 1st DCA 1992). See City of Daytona Beach v. Amsel, 585 So.2d 1044 (Fla. 1st DCA 1991). Accordingly, the order of the Judge of Compensation Claims is affirmed.

Appellee has filed a motion for an award of attorney’s fees against the employer for her legal representation on appeal. We grant the motion. We remand this matter to the Judge of Compensation Claims for the purpose of determining the amount of appellate attorney’s fees, in the event the parties cannot agree on an amount. In setting the amount of fees, the JCC should consider that part of our opinion in Burnett which dealt with attorney’s fees. We note that this is one of the cases in which the briefs were largely duplicative of other briefs filed by similarly situated appellees in a large number of cases which have been filed in this court involving the City of Miami’s pension offset ordinance. Although in this case, unlike Burnett, the City did file an objection to the attorney’s fee motion, the objection was not timely and, in fact, was not filed until after our opinion in Burnett issued. No motion to extend the time for filing a response to appellee’s motion for attorney’s fees was filed. Fla.W.C.R.P. 4.230(a).

ERVIN, WIGGINTON and MINER, JJ., concur.

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597 So. 2d 964, 1992 Fla. App. LEXIS 5066, 1992 WL 88914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-miami-v-majewski-fladistctapp-1992.

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