Opinion
No. 88-1433.
May 25, 1989.
Appeal from an order of Deputy Com'r, Charles Vocelle.
A. Dawn Hayes of John W. Cash, Tampa, for appellants.
Michael E. Murphy of Stanley, Wines, Bennett, Murphy, Spanjers Helms, P.A., Winter Haven, and Bill McCabe of Shepherd, McCabe Cooley, Longwood, for appellee.
Finding that competent substantial evidence does not support the statutory award of attorney's fees under section 440.34(3)(c) Florida Statutes, [see Chesney v. National Property Management, 414 So.2d 21 (Fla. 1st DCA 1982)] we reverse and remand to the deputy commissioner to consider, in a separate hearing, whether competent, substantial evidence would support such an award under section 440.34(3)(b), Florida Statutes.
Reversed and Remanded.
BOOTH, JOANOS and MINER, JJ., concur.