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Smith-Ernst, Inc. v. Odom

Supreme Court of Florida
Jan 17, 1974
289 So. 2d 393 (Fla. 1974)

Opinion

No. 44136.

January 17, 1974.

Writ of certiorari to the Industrial Relations Commission.

John G. Rooney of Sands, Smalbein, Eubank, Johnson, Rosier Bussey, Cocoa, for petitioners.

Edward H. Hurt, Orlando, for respondents.


We have for review on writ of certiorari a decision of the Industrial Relations Commission which affirmed an Order of the Judge of Industrial Claims awarding the claimant attorney's fees for additional benefits being paid by the employer/carrier. Having heard oral argument, we find the Industrial Relations Commission properly affirmed the Judge of Industrial Claims under the particular circumstances of this case on the authority of Ford v. Cunningham-Limp Co., 203 So.2d 326 (Fla. 1967), and Boyd v. Southeastern Utilities Service Co., 172 So.2d 817 (Fla. 1965). We find no departure from the essential requirements of law.

According, the writ of certiorari is discharged.

It is so ordered.

CARLTON, C.J., and ROBERTS, ERVIN, ADKINS, BOYD and McCAIN, JJ., concur.

DEKLE, J., dissents.


Summaries of

Smith-Ernst, Inc. v. Odom

Supreme Court of Florida
Jan 17, 1974
289 So. 2d 393 (Fla. 1974)
Case details for

Smith-Ernst, Inc. v. Odom

Case Details

Full title:SMITH-ERNST, INC., AND AETNA CASUALTY AND SURETY COMPANY, PETITIONERS, v…

Court:Supreme Court of Florida

Date published: Jan 17, 1974

Citations

289 So. 2d 393 (Fla. 1974)