Opinion
No. BO-261.
May 27, 1987. Rehearing Denied July 15, 1987.
Appeal from an order of Deputy Commissioner Elwyn M. Akins.
C. Anthony Schoder, Jr., of Smith, Schoder Rouse, Daytona Beach, for appellants.
Carla D. Franklin, of Rodney W. Smith, Alachua, for appellee.
The deputy commissioner's order is AFFIRMED. Appellee's motion for attorney's fee is provisionally granted. In accordance with the rationale of Sierra v. Sierra, 505 So.2d 432 (Fla. 1987), the parties may file within twenty (20) days of this date either a stipulation as to the amount of the fee to be assessed or affidavits as to the value of services on appeal. If there is no response within twenty (20) days, or if either party objects to proceeding on affidavits, Lyle v. Lyle, 167 So.2d 256 (Fla. 2d DCA), cert. denied, 172 So.2d 601 (Fla. 1964); Thoni v. Thoni, 179 So.2d 420 (Fla. 3d DCA 1965), the case will be remanded to the deputy commissioner for determination of the amount of the appellate attorney fee.
MILLS and WENTWORTH, JJ., concur.