WINN-LOVETT GROCERY COMPANY AND FIDELITY & CASUALTY COMPANY OF NEW YORK, APPELLANTS,
v.
ESTHER CAROLYN STEVENS, APPELLEE

Fla. | 1940-12-03
Terrell, C. J., Whitfield, Brown, Buford, Chapman and Thomas, J. J., concur., Justice Adams not participating as authorized by Section 4687 Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
145 Fla. 209 Florida Supreme Court (1940)
Also reported at: 198 So. 835

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Synopsis

This case involves an amendment to a prior judgment by the Florida Supreme Court to include an award for attorney's fees for the appellee's counsel in connection with the appeal. The court approved a $125.00 fee, making it a lien on compensation payments.


Holding

Yes, the court amended its prior judgment to approve and allow a fee of $125.00 to the attorneys of record for the appellee as compensation for their services in connection with the appeal.


Key Quotes

“said petition is well founded”

Establishes the court's finding that the appellee's request for attorney fees was valid.

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Facts & Procedural History

The Florida Supreme Court had previously entered a judgment in this case. Upon further consideration, the Court realized it had overlooked a petition …

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Opinion of the Court
Per Curiam.

Per Curiam.

This cause coming on this day for further consideration, and it appearing that the Court overlooked and did not consider the petition of counsel for appellee for approval of compensation for legal services in connection with the appeal when heretofore entering its judgment therein and it further appearing that "said petition is well *210founded, it is ordered that pursuant to Subsection (a) of Section 34 of the Florida Workmen’s Compensation Act a fee of $125.00 be and is hereby approved and allowed attorneys of record for appellee as compensation for their said services and that such sum become and be a lien on the compensation payments now due or hereafter to be paid claimant, or for her benefit; it is further ordered that the order and judgment of this Court entered in this cause on the 22nd day of November, 1940, be amended and revised in the respect herein set forth.

It is so ordered.

Terrell, C. J., Whitfield, Brown, Buford, Chapman and Thomas, J. J., concur.

Justice Adams not participating as authorized by Section 4687 Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.


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