Summary
reversing for award of costs, and any fees and costs related to securing those costs, on nearly identical facts
Summary of this case from Ali v. Am. AirlinesOpinion
No. 1D19-4201
12-30-2020
Mark VALLE, Appellant, v. AMERICAN AIRLINES and Sedgwick, Appellees.
Toni L. Villaverde of Toni L. Villaverde, PLLC, Coral Gables, for Appellant. Michael A. Hernandez of Jones, Hurley & Hand, P.A., Miami, for Appellees.
Toni L. Villaverde of Toni L. Villaverde, PLLC, Coral Gables, for Appellant.
Michael A. Hernandez of Jones, Hurley & Hand, P.A., Miami, for Appellees.
Per Curiam.
Claimant Mark Valle appeals an order of the Judge of Compensation Claims denying entitlement to Employer/Carrierpaid attorney's fees and costs. We reverse on the issue of entitlement to costs, and to any associated attorney's fees and costs incurred in establishing that entitlement. Costs awards to prevailing parties are mandatory, and Claimant is the prevailing party because the benefit was not provided before the Employer/Carrier received the petition for benefits. See § 440.34(3), Fla. Stat. (2011) ; Jennings v. Habana Health Care Ctr. , 183 So. 3d 1131, 1133–34 (Fla. 1st DCA 2015). We affirm the order as to the other issues raised on appeal without comment.
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings in accordance with this opinion.
Rowe, Winokur, and Nordby, JJ., concur.