John T. Minnema, Inc. v. Collins

District Court of Appeal of Florida

John T. Minnema, Inc. v. Collins

464 So. 2d 1300, 10 Fla. L. Weekly 629, 1985 Fla. App. LEXIS 12875

CourtDistrict Court of Appeal of Florida

DecidedMarch 12, 1985

DocketNo. BC-6

StatusPublished

This text of 464 So. 2d 1300 (John T. Minnema, Inc. v. Collins) 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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John T. Minnema, Inc. v. Collins, 464 So. 2d 1300, 10 Fla. L. Weekly 629, 1985 Fla. App. LEXIS 12875 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

We affirm the award of attorney’s fees since there is competent substantial evidence to support the finding that the employer/carrier did not undertake within 21 days a reasonable investigation regarding the validity of the claim as required by Section 440.34(1), Florida Statutes (1978).

However, because the deputy commissioner has failed to consider and evaluate all of the enumerated factors in Section [1301]*1301440.34(1), Florida Statutes (1978) in his order, we reverse and remand the cause for a proper determination of the amount of attorney’s fees. See Central Truck Lines, Inc. v. Coleman, 458 So.2d 1145 (Fla. 1st DCA 1984).

ERVIN, C.J., and MONS, JJ., concur. SMITH and NIM-

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PER CURIAM.

We affirm the award of attorney’s fees since there is competent substantial evidence to support the finding that the employer/carrier did not undertake within 21 days a reasonable investigation regarding the validity of the claim as required by Section 440.34(1), Florida Statutes (1978).

However, because the deputy commissioner has failed to consider and evaluate all of the enumerated factors in Section [1301]*1301440.34(1), Florida Statutes (1978) in his order, we reverse and remand the cause for a proper determination of the amount of attorney’s fees. See Central Truck Lines, Inc. v. Coleman, 458 So.2d 1145 (Fla. 1st DCA 1984).

ERVIN, C.J., and MONS, JJ., concur. SMITH and NIM-

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464 So. 2d 1300, 10 Fla. L. Weekly 629, 1985 Fla. App. LEXIS 12875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-t-minnema-inc-v-collins-fladistctapp-1985.

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