JAMES COOLEY, APPELLANT/CROSS-APPELLEE,
v.
CERTIFIED GROCERS OF FLORIDA AND UNITED SELF-INSURED SERVICES, APPELLEES, AND SEDGWICK JAMES, APPELLEE/CROSS-APPELLANT
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The court affirmed the denial of bad-faith attorney fees for the claimant and reversed the award of bad-faith attorney fees to the claimant based on a clerical error.
The claimant appealed the denial of bad-faith attorney fees, while the servicing agent cross-appealed an award of attorney fees based on a finding of …
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PER CURIAM.
This cause is before us on appeal and cross appeal from an order of the judge of compensation claims (JCC). Claimant James Cooley appeals the JCC’s denial of bad-faith attorney fees relating to the award of permanent total disability benefits. Servicing agent Sedgwick James cross appeals the award of attorney fees based on the JCC’s finding that the suspension in payment of benefits constituted bad faith.
As to Cooley’s appeal, we find competent, substantial evidence in the record to support the JCC’s denial of bad-faith attorney fees. See, e.g., State v. Roberts, 586 So. 2d 1262 (Fla. 1st DCA 1991), review denied, 599 So. 2d 657 (Fla.1991). Therefore, we affirm the order without further discussion.
On cross appeal, Sedgwick James argues that the JCC erred in awarding attorney fees in connection with a suspension of indemnity benefits because the suspension was not due to bad faith but rather an unintentional clerical error. In Volusia Memorial Park v. White, 549 So. 2d 1114 (Fla. 1st DCA 1989), this court reversed a JCC’s finding of bad faith where the suspension in payments was due to a clerical error and the record failed to show the carrier’s actions were fraudulent, intentional, malicious, or the result of willful, wanton, or reckless disregard. See § 440.-84(3)(b), Fla.Stat. (1987). We find Volusia Memorial Park indistinguishable and controlling in this case. Therefore, we reverse that portion of the order awarding bad-faith attorney fees to Cooley.
BOOTH, BARFIELD and ALLEN, JJ., concur.
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Evans v. Piotraczk, 724 So. 2d 1210 (Fla. 5th DCA 1998)…se of discretion. If the record supports the trial court’s denial of fees, as in my view the record does in this case, we as an appellate court should affirm. See Marcoux v. Marcoux, 464 So. 2d 542 (Fla.1985); Cooley v. Certified Grocers of Florida, 629 So. 2d 273 (Fla. 1st DCA 1993). The trial judge stated at the hearing in the fee matter that he recalled this case and its past history. At that hearing, D’Lugo, the attorney representing the defendant, presented no record evidence or testimony. Hardy, the at…
Authorities Cited
- Volusia Mem'l Park & Nationwide Ins. Co. v. White, 549 So. 2d 1114 (Fla. 1st DCA 1989)
- State v. Roberts, 586 So. 2d 1262 (Fla. 1st DCA 1991)