Jackson v. Ryan's Family Steak House

District Court of Appeal of Florida

Jackson v. Ryan's Family Steak House

27 So. 3d 90, 2009 Fla. App. LEXIS 19986, 2009 WL 4912644

CourtDistrict Court of Appeal of Florida

DecidedDecember 22, 2009

Docket1D08-6328

StatusPublished

Cited by3 cases

This text of 27 So. 3d 90 (Jackson v. Ryan's Family Steak House) 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

Jackson v. Ryan's Family Steak House, 27 So. 3d 90, 2009 Fla. App. LEXIS 19986, 2009 WL 4912644 (Fla. Ct. App. 2009).

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PER CURIAM.

In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) that awards his counsel $8,860.00 in attorney’s fees for securing reimbursement of medical mileage in the amount of $201.44. Claimant argues the JCC reversibly erred by unilaterally reducing the hours expended based on non-record evidence. We affirm because the record supports the JCC’s finding that the claimed fee was clearly excessive and unconscionable, and even if we were to remand for further proceedings, we have little doubt that upon remand, the employer/carrier (E/C) would introduce evidence establishing that a reasonable fee certainly would not exceed $3,860.00.

WETHERELL, J., concurs; HAWKES, C.J., concurs with opinion; BENTON, J., dissents with opinion.

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PER CURIAM.

In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) that awards his counsel $8,860.00 in attorney’s fees for securing reimbursement of medical mileage in the amount of $201.44. Claimant argues the JCC reversibly erred by unilaterally reducing the hours expended based on non-record evidence. We affirm because the record supports the JCC’s finding that the claimed fee was clearly excessive and unconscionable, and even if we were to remand for further proceedings, we have little doubt that upon remand, the employer/carrier (E/C) would introduce evidence establishing that a reasonable fee certainly would not exceed $3,860.00.

WETHERELL, J., concurs; HAWKES, C.J., concurs with opinion; BENTON, J., dissents with opinion.

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Bluebook (online)

27 So. 3d 90, 2009 Fla. App. LEXIS 19986, 2009 WL 4912644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-ryans-family-steak-house-fladistctapp-2009.

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