Opinion
No. 1D20-987
03-17-2021
AMER ALI, Appellant, v. AMERICAN AIRLINES and SEDGWICK CMS, Appellees.
Toni L. Villaverde of Toni L. Villaverde, PLLC, Coral Gables, for Appellant. Michael A. Hernandez of Jones, Hurley & Hand, P.A., Miami, for Appellees.
On appeal from an order of the Judge of Compensation Claims.
Sylvia Medina-Shore, Judge.
Claimant filed three petitions for benefits, and the Employer/Carrier quickly thereafter provided benefits. Claimant then sought attorney's fees and costs related to the PFBs, but the Judge of Compensation Claims denied Claimant's request. We reverse the denial of costs.
The law mandates awards of costs to prevailing parties, and Claimant is the prevailing party because the specific benefits requested were provided only after Claimant filed the PFBs. Attorney's fees and costs incurred in obtaining an award of costs may also be awarded. See § 440.34(3), Fla. Stat. (2011); Valle v. Am. Airlines, 46 Fla. L. Weekly D44 (Fla. 1st DCA Dec. 30, 2020) (reversing for award of costs, and any fees and costs related to securing those costs, on nearly identical facts); Jennings v. Habana Health Care Ctr., 183 So. 3d 1131, 1133-34 (Fla. 1st DCA 2015) (defining prevailing party and affirming entitlement to costs). We affirm the order as to the other issues raised on appeal without comment.
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings in accordance with this opinion. LEWIS, BILBREY, and KELSEY, JJ., concur.
Not final until disposition of any timely and authorized motion under Fla . R. App. P. 9.330 or 9.331. Toni L. Villaverde of Toni L. Villaverde, PLLC, Coral Gables, for Appellant. Michael A. Hernandez of Jones, Hurley & Hand, P.A., Miami, for Appellees.