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Wheeler v. South Florida State Hosp

District Court of Appeal of Florida, First District
Mar 21, 2000
752 So. 2d 1285 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-1507.

Opinion filed March 21, 2000.

An appeal from Order of the Judge of Compensation Claims, Judith A. Brechner, Judge.

L. Barry Keyfetz of Keyfetz, Asnis Srebnick, P.A., Miami, for Appellant/Cross-Appellee.

Rodd R. Buell, P.A., Coral Gables, and Dinah S. Stein of Hicks Anderson, P.A., Miami, for Appellees/Cross-Appellants.


The appellant challenges an order of the judge of compensation claims by which she was awarded attorney's fees in an amount below the statutory percentages specified in section 440.34(1), Florida

Statutes. Although we conclude that the fee award is reasonable and supported by the evidence, see Trans World Tire Co. v. Hagness, 651 So.2d 124 (Fla. 1st DCA 1995), we are nonetheless constrained to reverse the order because the judge failed to make adequate factual findings on each of the statutory factors enumerated in section 440.34(1). See, e.g., Dobbs v. Suncoast Acoustics, 590 So.2d 7 (Fla. 1991); General Kinetics v. Butts, 586 So.2d 1331 (Fla. 1st DCA 1991); Mele v. Superior Pontiac GMC, Inc., 536 So.2d 348 (Fla. 1st DCA 1988).

In light of the decision in South Florida State Hospital v. Wheeler, 745 So.2d 1044 (Fla. 1st DCA 1999), the appellee's cross appeal is without merit.

The order is reversed and this case is remanded for entry of an order which includes the requisite factual findings.

ERVIN, ALLEN and DAVIS, JJ., CONCUR.


Summaries of

Wheeler v. South Florida State Hosp

District Court of Appeal of Florida, First District
Mar 21, 2000
752 So. 2d 1285 (Fla. Dist. Ct. App. 2000)
Case details for

Wheeler v. South Florida State Hosp

Case Details

Full title:LULA WHEELER, Appellant/Cross-Appellee, v. SOUTH FLORIDA STATE HOSPITAL…

Court:District Court of Appeal of Florida, First District

Date published: Mar 21, 2000

Citations

752 So. 2d 1285 (Fla. Dist. Ct. App. 2000)

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