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Walters v. Clay Elec. Coop

District Court of Appeal of Florida, First District
Apr 24, 2009
8 So. 3d 376 (Fla. Dist. Ct. App. 2009)

Opinion

No. 1D08-4418.

February 17, 2009. Rehearing Denied April 24, 2009.

An appeal from an order of the Judge of Compensation Claims. Ivy Cream Harris, Judge.

Mark N. Tipton of Daniel L. Hightower, P.A., Ocala, for Appellant.

Tara L. Sa'id of Law Office of Amy L. Warpinski, Jacksonville, for Appellees.


Claimant appeals the Judge of Compensation Claims' (JCC) award of attorney's fees in the amount of $3,815, arguing that the JCC erred in rejecting the parties' stipulation to an attorney's fee of $5,000. The Employer/Carrier (E/C) concedes error. Because Claimant did not raise his argument before the JCC, however, this issue was not preserved for review and will not be addressed by this court. See Jettison v. Dixie S. Indus., Inc., 857 So.2d 365, 366 (Fla. 1st DCA 2003); Hamilton v. R.L. Best Int'l, 996 So.2d 233 (Fla. 1st DCA 2008). We reject the E/C's concession of error. The JCC's order is AFFIRMED.

WEBSTER, VAN NORTWICK, and THOMAS, JJ., concur.


Summaries of

Walters v. Clay Elec. Coop

District Court of Appeal of Florida, First District
Apr 24, 2009
8 So. 3d 376 (Fla. Dist. Ct. App. 2009)
Case details for

Walters v. Clay Elec. Coop

Case Details

Full title:Michael R. WALTERS, Appellant, v. CLAY ELECTRIC COOPERATIVE, INC., and…

Court:District Court of Appeal of Florida, First District

Date published: Apr 24, 2009

Citations

8 So. 3d 376 (Fla. Dist. Ct. App. 2009)