NCR CORPORATION, AND CRAWFORD AND COMPANY, APPELLANTS,
v.
SONITROL CORPORATION AND CENTENNIAL INSURANCE COMPANY, APPELLEES

Fla. 1st DCA | 1993-11-12
No. 92-278
BARFIELD and WOLF, JJ., concur.
626 So. 2d 1073 Florida District Court of Appeal, First District (1993) Positive Treatment
Cited by 6 cases

Opinion of the Court
MICKLE, Judge.

MICKLE, Judge.

We reverse the judge of compensation claims’ (JCC’s) order assessing attorney’s fees and costs in favor of appellees. No statutory authority exists for the attorney’s fee award. Further, the costs award is not supported by competent substantial evidence. It is therefore unnecessary for us to address the remaining issues raised on appeal.

BARFIELD and WOLF, JJ., concur.


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  • Vitagliano v. State, 680 So. 2d 500 (Fla. 1st DCA 1996)
    …as double jeopardy bars convictions for both sexual battery and lewd and lascivious conduct that rest on the same evidence of touching the vagina, Fjord v. State, supra; Audano v. State, 641 So. 2d 1356, 1361 (Fla. 2d DCA 1994); see Lewis v. State, 626 So. 2d 1073, 1075-76 (Fla. 1st DCA 1993), double jeopardy also prohibits re-trial on a sexual battery charge when the defendant already has been found not guilty of a lewd and lascivious conduct charge that rests on the same facts as the sexual battery charge.…
  • ROE v. State, 654 So. 2d 1287 (Fla. 1st DCA 1995)
    …civious assault because the conduct alleged in that count formed the basis for the attempted sexual battery conviction. See State v. Hightower, 509 So. 2d 1078,1079 n. 4 (Fla.1987); Fjord v. State, 634 So. 2d 714 (Fla. 4th DCA 1994); Lewis v. State, 626 So. 2d 1073 (Fla. 1st DCA 1993); Walker v. State, 622 So. 2d 630 (Fla. 3d DCA 1993); Edwards v. State, 613 So. 2d 508 (Fla. 5th DCA 1993). WEBSTER and LAWRENCE, JJ., concur.…
  • Guckenberger v. Seminole Cnty. & Johns E. Co., Inc., 979 So. 2d 407 (Fla. 1st DCA 2008)
    …proceedings are had for review of any claim, award, or compensation order before any court, the court may award the injured employee or dependent an attorney’s fee to be paid by the employer or carrier .... ”); see also NCR Corp. v. Sonitrol Corp., 626 So. 2d 1073 (Fla. 1st DCA 1993) (holding that no statutory authority existed for award of attorney fees to employer and carrier). We have held that “[t]he legislature’s use of different terms in different sections of the same statute is strong evidence that dif…

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