DEPARTMENT OF CORRECTIONS/SUWANNEE CORRECTIONAL INSTITUTE/STATE OF FLORIDA, APPELLANT,
v.
LARRY FERGUSON, APPELLEE
The Employer/Carrier appeals an order of the Judge of Compensation Claims (JCC), arguing that the JCC erred in calculating Claimant’s average weekly wage, that the JCC erred in awarding attorney’s fees on a medical billing issue, and that the JCC erred in awarding a separate hourly attorney’s fee for time spent proving entitlement to a fee. We AFFIRM the first two issues on appeal as they are without merit; however, we DISMISS for lack of jurisdiction the portion of the appeal challenging the hourly fee as the JCC reserved jurisdiction to determine the amount of that fee. Se. Recycling v. Cottongim, 728 So.2d 342, 343 (Fla. 1st DCA 1999) (dismissing for lack of jurisdiction the portion of the order on appeal which determined entitlement to attorney’s fees but reserved jurisdiction to set the amount of the fee); Wometco Enters, v. Cordoves, 650 So.2d 1117, 1118 (Fla. 1st DCA 1995) (holding that an order adjudicating entitlement to attorney’s fees but reserving jurisdiction on amount was neither a final order nor an appealable non-final order).
WOLF, DAVIS, and ROBERTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Levy Cnty. Transit/Gallagher Bassett Servs. v. Kokenzie, 230 So. 3d 1290 (Fla. 1st DCA 2017)…that a determination of entitlement to attorney’s fees is not ap-pealable where jurisdiction is reserved to determine the amount of the fees. See, e.g., Stanley Steemer Int’l v. Smith, 139 So. 3d 507 (Fla. 1st DCA 2014); Dep’t of Corr. v. Ferguson, 98 So. 3d 669, 670 (Fla. 1st DCA 2012); Polk Cty. Bd. of Cty. Comm’rs v. Lyon-Spires, 85 So. 3d 582 (Fla. 1st DCA 2012); Zampell Refractories, Inc. v. Welch, 61 So. 3d 1160 (Fla. 1st DCA 2011); Dep’t of Children & Families v. Monroe, 744 So. 2d 1163, 1164 (Fla. 1…
Authorities Cited
- Wometco Enters. & Cigna Ins. Co. v. Cordoves, 650 So. 2d 1117 (Fla. 1st DCA 1995)
- Se. Recycling & Argonaut Ins. Co. v. Cottongim, 728 So. 2d 342 (Fla. 1st DCA 1999)