Opinion
No. AH-8.
May 26, 1982. On Rehearing July 27, 1982.
Appeal from an Order of Deputy Commissioner C.J. Hardee, Jr.
James H. Smith of Marlow, Shofi, Ortmayer, Smith, Connell Valerius, Tampa, for appellants.
Warren L. Harris and Carole A. Taylor of Albritton, Sessums McCall, Tampa, for appellee.
Affirmed on the authority of Spring Air Mattress Company v. Cox, 413 So.2d 1265, 1st DCA, 1982.
ON PETITION FOR REHEARING
Appellee's petition for rehearing requesting a conditional award of attorney's fee is granted. The cause is remanded to the deputy commissioner to determine whether an attorney's fee is awardable under Section 440.34(2)(a-c), Florida Statutes (1979). Acevedo v. Ampco Products Company, 407 So.2d 376 (Fla. 1st DCA 1981). Should the deputy rule in claimant's favor, an attorney's fee of $2,000 is granted on appeal.
BOOTH, WENTWORTH and WIGGINTON, JJ., concur.