WEDDIE DALE, APPELLANT,
v.
LANDRUM TEMPORARY SERVICES INC., SELF-INSURED, APPELLEE; CISROE HICKS, APPELLANT, V. DYSON & COMPANY AND AETNA INSURANCE COMPANY, APPELLEES; WILLIE LEE GRACE, APPELLANT, V. DYSON & COMPANY AND AETNA INSURANCE COMPANY, APPELLEES
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PER CURIAM.
Appellants appeal orders of the deputy denying their requests for a partial advance upon compensation benefits in order that they might pay their attorney’s fees. In Travelers Insurance Company v. Taylor, 444 So. 2d 39 (Fla. 1st DCA 1984), this court recently held that a partial advance for the purpose of paying claimant’s attorney’s fees is materially prejudicial to the carrier and must be denied. We decline to recede from our opinion in Taylor. However, we join in the sentiments of another panel of this court that this matter should be given further study by the Division of Workers’ Compensation and the Florida Legislature, since the present legislative scheme seriously impacts upon injured claimants’ ability to secure the services of competent attorneys in cases in which the absence of such assistance is tantamount to a forfeiture of benefits conferred by law. Aramburo v. Cargo Development, Inc., 455 So. 2d 567 (Fla. 1st DCA 1984).
AFFIRMED.
BOOTH, SMITH and THOMPSON, JJ., concur.
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Bart L. Segall v. Segall, 708 So. 2d 983 (Fla. 4th DCA 1998)…to pay” the Wife’s attorneys’ fees and costs. However, where, as here, the results of an appeal materially change the parties’ abilities to pay, the issue of attorneys’ fees must be revisited upon remand to the trial court. See Keister v. Keister, 458 So. 2d 32, 36 (Fla. 4th DCA 1984); Conner v. Conner, 439 So. 2d 887, 887 (Fla.1983). In light of our reversal of the equitable distribution of the parties’ property and the awards of permanent alimony and child support, this court cannot accurately evaluate i…
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Pelton v. Pelton, 617 So. 2d 714 (Fla. 1st DCA 1992)…Statutes (1991). The award of attorney’s fees must be reversed as well, so that the trial court can reconsider the parties’ relative needs and ability to pay and make a determination in light of the necessary recalculations. See Keister v. Keister, 458 So. 2d 32, 36 (4th DCA 1984), pet. for rev. den., 466 So. 2d 217 (Fla.1985). As to the former Wife’s cross-appeal, we remand for a determination of the effective date of the modification of child support in accordance with the discretion invested in the trial…
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Kass v. Kass, 560 So. 2d 293 (Fla. 4th DCA 1990)…testified that he had incurred a liability of almost $87,000 in attorneys’ fees, we find no abuse of discretion for the trial court to award $64,700 as interim attorney’s fees to the wife, who has no assets or income of her own. Keister v. Keister, 458 So. 2d 32 (Fla. 4th DCA 1985). This is not to say that this court is putting its imprimatur on the extent of litigation that we perceive from the record before us. The record clearly demonstrates a case which, at least in this writer’s view, has been overli…
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- Travelers Ins. Co. & Hurricane of Milton, Inc. v. Taylor, 444 So. 2d 39 (Fla. 1st DCA 1983)
- Aramburo v. Cargo Dev., Inc., 455 So. 2d 567 (Fla. 1st DCA 1984)