Opinion
No. QQ-184.
January 23, 1980. On Rehearing March 12, 1980.
Petition for review from the Judge of Industrial Claims.
Dan F. Turnbull, Jr., Tallahassee, for appellant.
Jay M. Levy, of Nachwalter, Christie Falk, P.A., Miami, for appellee/claimant.
Anthony J. Beisler, Fort Lauderdale, for appellees/employer/carrier.
AFFIRMED.
MILLS, C.J., and McCORD, J., concur.
BOOTH, J., dissents with opinion.
ON MOTION FOR REHEARING GRANTED
Appellant's motion for rehearing on the Court's order of 23 January 1980, awarding appellee appellate attorney's fees, is granted on authority of Section 440.49(4)(f)2, Florida Statutes (1977), and the order is vacated and set aside.
The Court would like to point out that the appropriate time to object to the award of appellate attorney's fees is by appropriate motion prior to the Court's consideration of the motion for assessment of attorney's fees, not after the award has been ordered. Not only is this the appropriate procedure but attorneys should always help the Court in its consideration of all issues presented to it by timely and fully presenting the Court all authorities pro and con on the issues.
McCORD, J., concurs.
BOOTH, J., dissents.
I dissent from this court's retention of jurisdiction in this case, which arose outside the territorial jurisdiction of the court. See Crews v. Town of Bay Harbor, 378 So.2d 1265 (Fla. 1st DCA 1979).
On the merits, I would concur in the majority's opinion.