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Circle-K Stores, Inc. v. Flores-Orellana

District Court of Appeal of Florida, First District.
Aug 21, 2017
224 So. 3d 888 (Fla. Dist. Ct. App. 2017)

Opinion

CASE NO. 1D16–1715

08-21-2017

CIRCLE–K STORES, INC./ Constitution State Services Company, Appellants/Cross–Appellees, v. Emerita FLORES–ORELLANA, Appellee/Cross–Appellant.

H. George Kagan of Miller, Kagan, Rodriguez & Silver, P.A., West Palm Beach, for Appellants/Cross Appellees. Mark L. Zientz of Law Offices of Mark L. Zientz, P.A., Miami, for Appellee/Cross–Appellant.


H. George Kagan of Miller, Kagan, Rodriguez & Silver, P.A., West Palm Beach, for Appellants/Cross Appellees.

Mark L. Zientz of Law Offices of Mark L. Zientz, P.A., Miami, for Appellee/Cross–Appellant.

PER CURIAM.

In this workers' compensation case, the Employer/Servicing Agent (E/SA) appeal an order of the Judge of Compensation Claims (JCC) awarding Claimant E/SA–paid attorney's fees and costs based on Claimant's success in a proceeding for modification. Claimant cross-appeals the JCC's determination of the attorney fee amount and denial of a separate attorney's fee for establishing fee entitlement. We affirm the issue on appeal, as well as the denial of a separate attorney's fee challenged in the cross-appeal. However, we reverse and remand for a re-calculation of the fee amount because the JCC erred by calculating it using a discount factor based on evidence outside of the record. See § 440.34(1), Florida Statutes (2009).

AFFIRMED IN PART; REVERSED IN PART; and REMANDED.

ROWE, OSTERHAUS, and WINOKUR, JJ., CONCUR.


Summaries of

Circle-K Stores, Inc. v. Flores-Orellana

District Court of Appeal of Florida, First District.
Aug 21, 2017
224 So. 3d 888 (Fla. Dist. Ct. App. 2017)
Case details for

Circle-K Stores, Inc. v. Flores-Orellana

Case Details

Full title:CIRCLE–K STORES, INC./ Constitution State Services Company…

Court:District Court of Appeal of Florida, First District.

Date published: Aug 21, 2017

Citations

224 So. 3d 888 (Fla. Dist. Ct. App. 2017)