CHARLES SALES CORPORATION AND AETNA CASUALTY & SURETY COMPANY, APPELLANTS,
v.
VINCENT FILMORE, APPELLEE
PER CURIAM.
This cause is before us on appeal from a final order awarding claimant temporary total disability benefits, payment of medical bills, wage-loss benefits, attendant care, penalties, costs, and attorney fees. Appellants have presented numerous issues for our consideration, and after careful study, we find error in only one instance. The deputy commissioner awarded the claimant’s attorney fees, apparently under Section 440.34(3)(b), Florida Statutes (1986), though the order does not cite grounds for the award. Appellants urge this was error because the issue was not litigated.
This court has previously held that an award of bad-faith fees under Section 440.-34(3)(b) must be specifically litigated as a separate issue at hearing. Veterans Septic Tank Service v. Wallace, 445 So. 2d 389, 390 (Fla. 1st DCA 1984); and Rivers v. SCA Services of Florida, Inc., 465 So. 2d 634, 635 (Fla. 1st DCA 1985). Review of the record demonstrates that entitlement to bad-faith fees was not separately litigated, and the fee award, accordingly, must be reversed and remanded for further proceedings. See Rivers at 635.
BOOTH, WIGGINTON and BARFIELD, JJ., concur.
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State v. Avery, 531 So. 2d 182 (Fla. 4th DCA 1988)…d focuses on the “coercion” which the court deemed inherent in such a situation. This court has previously affirmed orders denying motions to suppress evidence uncovered in a search conducted with the consent of bus passengers. See Hunter v. State, 518 So. 2d 304 (Fla. 4th DCA 1987); Bostick v. State, 510 So. 2d 321 (Fla. 4th DCA 1987); Snider v. State, 501 So. 2d 609 (Fla. 4th DCA 1986); Rodriguez v. State, 494 So. 2d 496 (Fla. 4th DCA 1986). One need not be unsympathetic to the concerns of the experienced…1 / 4
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Haas v. Seekell, 538 So. 2d 1333 (Fla. 1st DCA 1989)…attorney’s fees based on bad faith under Section 440.-34(3)(b), Florida Statutes (1983)2 must be specifically litigated as a separate issue at the hearing with factual evidence presented going directly to that issue. Charles Sales Corp. v. Filmare, 518 So. 2d 304 (Fla. 1st DCA 1987); Rivers v. SCA Services of Florida, Inc., 465 So. 2d 634 (Fla. 1st DCA 1985); Veterans Septic Tank Service v. Wallace, 445 So. 2d 389 (Fla. 1st DCA 1984). In the present case, entitlement to attorney’s fees based on bad faith was…
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- Veterans Septic Tank Serv. v. Wallace, 445 So. 2d 389 (Fla. 1st DCA 1984)
- Rivers v. SCA Servs. OF Fla., Inc., 465 So. 2d 634 (Fla. 1st DCA 1985)