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Triple R Paving, Inc. v. Montes

District Court of Appeal of Florida, First District
Jul 19, 1990
564 So. 2d 249 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-542.

July 19, 1990.

Appeal from the Judge of Compensation Claims, Arthus S. Seppi.

Henry T. Wihnyk and Richard T. Kilgore of Conroy, Simberg Lewis, Hollywood, for appellants.

David L. Kahn, Ft. Lauderdale, for appellee.


Finding the record in this workers compensation appeal to be bereft of any evidence of employer/carrier's bad faith, we remand the case to the JCC with instructions to reduce the attorney fee awarded by $490. We find the remainder of the fee awarded to claimant's attorney for attendance at two depositions to be supported by the record. Appellee's claim for $40 representing the fee paid to a reporting service for attendance at a deposition is herewith stricken for appellee's failure to present it at the attorney's fee hearing. Piecemeal litigation of claims is not permitted. See Florida Frozen Foods, Inc. v. Parks, 475 So.2d 1348 (Fla. 1st DCA 1985).

REMANDED with instructions.

BOOTH, MINER and WOLF, JJ., concur.


Summaries of

Triple R Paving, Inc. v. Montes

District Court of Appeal of Florida, First District
Jul 19, 1990
564 So. 2d 249 (Fla. Dist. Ct. App. 1990)
Case details for

Triple R Paving, Inc. v. Montes

Case Details

Full title:TRIPLE R PAVING, INC., AND EXECUTIVE RISK CONSULTANTS, INC., APPELLANTS…

Court:District Court of Appeal of Florida, First District

Date published: Jul 19, 1990

Citations

564 So. 2d 249 (Fla. Dist. Ct. App. 1990)