Summary
In Spinelli v. National Health Care Center, 854 So.2d 259 (Fla. 1st DCA 2003), we suggested a verified petition itemizing costs might constitute adequate documentation to support an award of costs in a workers' compensation proceeding.
Summary of this case from Hillsborough v. HilsmanOpinion
Case No. 1D02-3688.
Opinion filed September 12, 2003.
An appeal from an order of the Judge of Compensation Claims. Lauren L. Hafner, Judge.
Robert W. Schoenfelder, Esquire, St. Petersburg, for Appellant.
W. Rogers Turner, Jr., Esquire of Hurley, Rogner, Miller, Cox Waranch, P.A., Orlando, for Appellees.
Judy Spinelli appeals denial of all the costs she listed in her Verified Petition for Attorney's Fees and Costs (Petition). Entitled to costs as a prevailing party, see § 440.34(3), Fla. Stat. (2002), she filed her Petition in conformity with Fla. R. Work. Comp. P. 4.144, except that she did not verify the Petition. The judge of compensation claims specifically disallowed the costs she sought involving Dr. Stefopoulos as unreasonably incurred. The order under review denied all other costs on the stated ground that claimant's counsel had "submitted no listing or documentation."
While the Petition itself itemized costs, and might have afforded adequate documentation, if it had been verified, it was not verified and no affidavits were attached or submitted in support. Accordingly, we affirm the order, both insofar as it denies costs involving Dr. Stefopoulos and otherwise, no error having been shown to appear.
Affirmed.
BENTON, PADOVANO, and BROWNING, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED