Jess Parrish Memorial Hospital v. Layer

District Court of Appeal of Florida

Jess Parrish Memorial Hospital v. Layer

420 So. 2d 917, 1982 Fla. App. LEXIS 21445

CourtDistrict Court of Appeal of Florida

DecidedOctober 21, 1982

DocketNo. AK-471

StatusPublished

Cited by3 cases

This text of 420 So. 2d 917 (Jess Parrish Memorial Hospital v. Layer) 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

Jess Parrish Memorial Hospital v. Layer, 420 So. 2d 917, 1982 Fla. App. LEXIS 21445 (Fla. Ct. App. 1982).

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Opinion

ROBERT P. SMITH, Jr., Chief Judge.

Neither in the application for hearing nor at the hearing itself did claimant’s attorney assert that the carrier’s bad faith handling of the claim was the basis for his claim of attorney’s fees. Consequently there was no forthright assertion of bad faith, nor any meaningful litigation on that subject at the hearing. Embry-Riddle Aeronautical University v. Vestal, 399 So.2d 1033, 1035 (Fla. [918]*9181st DCA 1981). The deputy’s barebones finding of bad faith, constructed from a claimant’s deposition introduced not to prove notice and bad faith but for another stated purpose, and the consequent fee award, are therefore REVERSED.

SHIVERS and THOMPSON, JJ., concur.

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ROBERT P. SMITH, Jr., Chief Judge.

Neither in the application for hearing nor at the hearing itself did claimant’s attorney assert that the carrier’s bad faith handling of the claim was the basis for his claim of attorney’s fees. Consequently there was no forthright assertion of bad faith, nor any meaningful litigation on that subject at the hearing. Embry-Riddle Aeronautical University v. Vestal, 399 So.2d 1033, 1035 (Fla. [918]*9181st DCA 1981). The deputy’s barebones finding of bad faith, constructed from a claimant’s deposition introduced not to prove notice and bad faith but for another stated purpose, and the consequent fee award, are therefore REVERSED.

SHIVERS and THOMPSON, JJ., concur.

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Bluebook (online)

420 So. 2d 917, 1982 Fla. App. LEXIS 21445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jess-parrish-memorial-hospital-v-layer-fladistctapp-1982.

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