FLEETWOOD HOMES OF FLORIDA AND CRAWFORD AND COMPANY, APPELLANTS,
v.
OUIDA BIAGIANO, APPELLEE
FLEETWOOD HOMES OF FLORIDA AND CRAWFORD AND COMPANY, APPELLANTS,
OUIDA BIAGIANO, APPELLEE
543 So. 2d 459
Florida District Court of Appeal, First District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Finding that competent substantial evidence does not support the statutory award of attorney’s fees under section 440.34(3)(c) Florida Statutes, [see Chesney v. National Property Management, 414 So. 2d 21 (Fla. 1st DCA 1982) ] we reverse and remand to the deputy commissioner to consider, in a separate hearing, whether competent, substantial evidence would support such an award under section 440.34(3)(b), Florida Statutes.
Reversed and Remanded.
BOOTH, JOANOS and MINER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Shop & GO, Inc. v. Copeland, 549 So. 2d 803 (Fla. 1st DCA 1989)…hant, 435 So. 2d 884 (Fla. 1st DCA 1983). However, section 440.34(3)(b) explicitly provides for a separate fact-finding proceeding on the issue of bad faith, and we have repeatedly enforced that provision. See Fleetwood Homes of Florida v. Biagiano, 543 So. 2d 459 (Fla. 1st DCA 1989); Haas v. Seekell, 538 So. 2d 1333 (Fla. 1st DCA 1989); Baron Transport v. Riley, 526 So. 2d 1028 (Fla. 1st DCA 1988). For this reason, we find it necessary to vacate the award of attorney’s fees and remand for a separate hearing…
Authorities Cited
- Chesney v. Nat'l Prop. Mgmt. & Liberty Mut. Ins. Co., 414 So. 2d 21 (Fla. 1st DCA 1982)