Patrick's Fine Foliage v. Morales-Crespo

District Court of Appeal of Florida

Patrick's Fine Foliage v. Morales-Crespo

444 So. 2d 1158, 1984 Fla. App. LEXIS 12017

District Court of Appeal of Florida·Decided February 13, 1984·No. No. AT-84·Published

Opinion

JOANOS, Judge.

In this workers’ compensation appeal the employer and carrier contend the deputy commissioner erred in awarding wage loss benefits; attorney’s fees based on a finding of bad faith; and in making a prospective finding with respect to future entitlement to attorney’s fees. We affirm the order, but strike the improper language dealing with future entitlement to attorney’s fees, see B.P. Construction, Inc. v. Garcia, 440 So.2d 76 (Fla. 1st DCA 1983); Santa Rosa Marble, Inc. v. Ubieta, 436 So.2d 311 (Fla. 1st DCA 1983); and City of Leesburg v. Padgett, 397 So.2d 732 (Fla. 1st DCA 1981). In all other respects the order is AFFIRMED.

SHIVERS and THOMPSON, JJ., concur.

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JOANOS, Judge.

In this workers’ compensation appeal the employer and carrier contend the deputy commissioner erred in awarding wage loss benefits; attorney’s fees based on a finding of bad faith; and in making a prospective finding with respect to future entitlement to attorney’s fees. We affirm the order, but strike the improper language dealing with future entitlement to attorney’s fees, see B.P. Construction, Inc. v. Garcia, 440 So.2d 76 (Fla. 1st DCA 1983); Santa Rosa Marble, Inc. v. Ubieta, 436 So.2d 311 (Fla. 1st DCA 1983); and City of Leesburg v. Padgett, 397 So.2d 732 (Fla. 1st DCA 1981). In all other respects the order is AFFIRMED.

SHIVERS and THOMPSON, JJ., concur.

Patrick's Fine Foliage v. Morales-Crespo, 444 So. 2d 1158, 1984 Fla. App. LEXIS 12017 (Fla. Ct. App. 1984).

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Opinion

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