SOUTHERN LINE CONSTRUCTORS AND MARYLAND CASUALTY COMPANY, PETITIONERS, CROSS-RESPONDENTS,
v.
GLORIA G. MORRIS AND THE FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS, CROSS-PETITIONERS
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The Florida Supreme Court quashed an Industrial Commission compensation order for failing to meet standards for findings of fact and lacking evidentiary support for an attorney's fee award, remanding for proper findings and proceedings.
A compensation order must contain adequate findings of fact supported by evidence and cannot award attorney's fees without affidavits or evidence in the record supporting the award.
[1] An award of attorney's fees in workers' compensation proceedings must be supported by affidavits or evidence in the record, not merely stated in the order.
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Join FLexlaw to unlock all legal intelligenceSouthern Line Constructors and Maryland Casualty Company petitioned for certiorari review of a Florida Industrial Commission compensation order involv…
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By petition and cross-petition for writ of certiorari we have for review an order of the Florida Industrial Commission, now Industrial Relations Commission.
We find that oral argument would serve no useful purpose, and it is therefore dispensed with pursuant to Florida Appellate Rule 3.10(e), 32 F.S.A.
We conclude from our consideration of the petition and cross-petition, record and briefs that the compensation order of the Judge of Industrial Claims fails to meet the standards for findings of fact set by this Court in Brown v. Griffin, 229 So.2d 225 (Fla.1969) and Hardy v. City of Tarpon Springs, 81 So.2d 503 (Fla.1955).
The record contains no affidavits or evidence of any kind in support of the attorney’s fee award to cross-petitioner’s *517attorney, as required by our decisions in Lee Engineering and Construction Co. v. Fellows, 209 So.2d 454 (Fla.1968), and Anchor Products Co., Inc. v. Rapo, 210 So.2d 446 (Fla.1968).
The order of the Commission must be quashed and the cause remanded, with directions to return the cause to the Judge of Industrial Claims for further findings of fact on the evidence already taken, and such further proceedings as may be necessary to determination and award of an attorney’s fee in accordance with the above-recited cases.
Respondent’s application for attorneys fees is denied.
It is so ordered.
ERVIN, C. J., and DREW, CARLTON, ADKINS and BOYD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gray v. Attorney Gen., State of Fla. and/or State Attorney, Cir. Court, Volusia Cnty., Fla., 209 So. 2d 454 (Fla. 1968)
- Hampton Hardy v. City OF Tarpon Springs, 81 So. 2d 503 (Fla. 1955)
- Brown v. Joseph Griffin & the Fla. Indus. Comm'n, 229 So. 2d 225 (Fla. 1969)
- Anchor Prods., Inc. v. Dushon Rapo & Fla. Indus. Comm'n, 210 So. 2d 446 (Fla. 1968)