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Nelson v. Venice Hospital

District Court of Appeal of Florida, First District
Apr 16, 1986
485 So. 2d 844 (Fla. Dist. Ct. App. 1986)

Opinion

No. BH-222.

March 6, 1986. Rehearing Denied April 16, 1986.

Appeal from the Deputy Commissioner Patrick J. Murphy.

E. Douglas Spangler, Jr., Sarasota, for appellant.

Claire L. Hamner, of Dickinson, O'Riorden, Gibbons, Quale, Shields Carlton, Sarasota, for appellees.


Appellant appeals a deputy commissioner's order awarding to her the sum of $2,500 for attorney's fees. Appellees, employer/carrier, agree with appellant that the deputy's failure to set forth in his order proper findings of ultimate facts precludes intelligent judicial review of the award. We agree with the parties. Accordingly, the deputy's order is reversed and this cause is remanded to the deputy to make findings of fact and conclusions of law in accord with section 440.25(3)(c), Florida Statutes. If necessary, the deputy may conduct further proceedings and redetermine the fee award if such is warranted. Compare Ellerbee v. Concorde Roofing Co., 461 So.2d 206 (Fla. 1st DCA 1984).

REVERSED and remanded.

ERVIN, J., and McCORD, GUYTE P., Jr. (Ret.), Associate Judge, concur.


Summaries of

Nelson v. Venice Hospital

District Court of Appeal of Florida, First District
Apr 16, 1986
485 So. 2d 844 (Fla. Dist. Ct. App. 1986)
Case details for

Nelson v. Venice Hospital

Case Details

Full title:CHRISTINE NELSON, APPELLANT, v. VENICE HOSPITAL AND ALL RISK CORPORATION…

Court:District Court of Appeal of Florida, First District

Date published: Apr 16, 1986

Citations

485 So. 2d 844 (Fla. Dist. Ct. App. 1986)