Jordan v. American Gypsum

District Court of Appeal of Florida

Jordan v. American Gypsum

627 So. 2d 557, 1993 Fla. App. LEXIS 12045, 1993 WL 490849

CourtDistrict Court of Appeal of Florida

DecidedNovember 30, 1993

DocketNo. 92-3852

StatusPublished

Cited by1 cases

This text of 627 So. 2d 557 (Jordan v. American Gypsum) 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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Jordan v. American Gypsum, 627 So. 2d 557, 1993 Fla. App. LEXIS 12045, 1993 WL 490849 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

Wendell Jordan (Claimant) appeals a workers’ compensation order awarding $1,531.60 in attorney’s fees for the services of his attorney in obtaining an award of temporary total disability benefits, payment of certain medical bills, and costs. The parties stipulated that the amount of a reasonable attorney’s fee due Claimant could be determined on affidavits. Claimant submitted two affidavits, one for $14,000 and the other for $6,150. The employer and carrier submitted an affidavit evaluating the fee between $1,531.60 and $1,750.00. Claimant contends the order is legally insufficient because it fails to set forth the nature or value of the benefits secured and an explanation of the basis of the award, as required by section 440.34, Florida Statutes (1989).

The appealed order recites the following:

THIS CAUSE came before the undersigned Judge of Compensation Claims on the question of amount of attorney[’s] fees, counsel for the parties stipulated that counsel for the Claimant is entitled to recover a reasonable attorneyt’s] fee from the Employer and Carrier/Servicing Agent, counsel for the parties stipulated that the undersigned may set the amount of attorney[’s] fees based on the affidavits submitted, the undersigned having reviewed the affidavits filed herein, it is therefore

ORDERED AND ADJUDGED that the Employer and Carrier/Servicing Agent pay to counsel for the Claimant a reasonable attorney[’s] fee in the amount of $1,531.60 for his efforts thus far.

As this order is patently insufficient to comply with the requirements of law, we summarily reverse and remand for entry of [558]*558an order that contains an explanation of the factors listed in subsection 440.34(1) and describes the benefits obtained in accordance with subsection 440.34(2) (“The amount, statutory basis, and type of benefits obtained through legal representation shall be listed on all attorney’s fees awarded by the judge of compensation claims.”). See Sherwood Medical Industries v. Ward, 397 So.2d 396 (Fla. 1st DCA 1981); Casings, Florida, Inc. v. Williams, 389 So.2d 705 (Fla. 1st DCA 1980).

REVERSED AND REMANDED.

ZEHMER, C.J., and BOOTH and WOLF, JJ., concur.

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PER CURIAM.

Wendell Jordan (Claimant) appeals a workers’ compensation order awarding $1,531.60 in attorney’s fees for the services of his attorney in obtaining an award of temporary total disability benefits, payment of certain medical bills, and costs. The parties stipulated that the amount of a reasonable attorney’s fee due Claimant could be determined on affidavits. Claimant submitted two affidavits, one for $14,000 and the other for $6,150. The employer and carrier submitted an affidavit evaluating the fee between $1,531.60 and $1,750.00. Claimant contends the order is legally insufficient because it fails to set forth the nature or value of the benefits secured and an explanation of the basis of the award, as required by section 440.34, Florida Statutes (1989).

The appealed order recites the following:

THIS CAUSE came before the undersigned Judge of Compensation Claims on the question of amount of attorney[’s] fees, counsel for the parties stipulated that counsel for the Claimant is entitled to recover a reasonable attorneyt’s] fee from the Employer and Carrier/Servicing Agent, counsel for the parties stipulated that the undersigned may set the amount of attorney[’s] fees based on the affidavits submitted, the undersigned having reviewed the affidavits filed herein, it is therefore

ORDERED AND ADJUDGED that the Employer and Carrier/Servicing Agent pay to counsel for the Claimant a reasonable attorney[’s] fee in the amount of $1,531.60 for his efforts thus far.

As this order is patently insufficient to comply with the requirements of law, we summarily reverse and remand for entry of [558]*558an order that contains an explanation of the factors listed in subsection 440.34(1) and describes the benefits obtained in accordance with subsection 440.34(2) (“The amount, statutory basis, and type of benefits obtained through legal representation shall be listed on all attorney’s fees awarded by the judge of compensation claims.”). See Sherwood Medical Industries v. Ward, 397 So.2d 396 (Fla. 1st DCA 1981); Casings, Florida, Inc. v. Williams, 389 So.2d 705 (Fla. 1st DCA 1980).

REVERSED AND REMANDED.

ZEHMER, C.J., and BOOTH and WOLF, JJ., concur.

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627 So. 2d 557, 1993 Fla. App. LEXIS 12045, 1993 WL 490849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-american-gypsum-fladistctapp-1993.

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