PERRY PAINT & GLASS CO. AND STANDARD ACCIDENT INSURANCE CO., PETITIONERS,
v.
PERCY B. GAVIN, CONTINENTAL CASUALTY CO. AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS; PERCY B. GAVIN, CONTINENTAL CASUALTY CO. AND FLORIDA INDUSTRIAL COMMISSION, CROSS-PETITIONERS, V. PERRY PAINT & GLASS CO. AND STANDARD ACCIDENT INSURANCE CO., CROSS-RESPONDENTS

Fla. | 1965-02-17
No. 33519
DREW, C. J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ., concur.
173 So. 2d 134 Florida Supreme Court (1965)

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Synopsis

The Florida Supreme Court reviewed an order from the Florida Industrial Commission, granting certiorari. The court found the Full Commission erred by not dismissing a petition for modification and by awarding an attorney's fee against an insurance company, reversing that portion of the order.


Holding

Yes, the Full Commission erred in not dismissing the petition for modification and in awarding an attorney's fee against Standard Accident Insurance Company. The order is otherwise affirmed.


Key Quotes

“We have concluded after argument and a consideration of the petition, record and briefs that the Full Commission erred in neglecting to direct that the petition for modification be dismissed and in failing to reverse the award of the attorney's fee which the deputy assessed against Standard Accident Insurance Company.”

This quote states the core finding of error by the Full Commission.

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Facts & Procedural History

The case involves a petition and cross-petition for writ of certiorari to review an order of the Florida Industrial Commission dated April 15, 1964. T…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court
PER CURIAM.

PER CURIAM.

By petition and cross-petition for writ of certiorari we have for review an order of the Florida Industrial Commission bearing date April 15, 1964.

We have concluded after argument and a consideration of the petition, record and briefs that the Full Commission erred in neglecting to direct that the petition for modification be dismissed and in failing to reverse the award of the attorney’s fee which the deputy assessed against Standard Accident Insurance Company. In all other respects the order of the Full Commission conforms with the essential requirements of law.

Therefore, the petition for writ of cer-tiorari is granted, the cross-petition is denied and the cause is remanded for further proceedings consistent herewith.

It is so ordered.

DREW, C. J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ., concur.


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