City of Miami v. Burnett, No. 91-784
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | BARFIELD |
| Citation | 596 So.2d 478 |
| Decision Date | 24 March 1992 |
| Docket Number | No. 91-784 |
| Parties | 17 Fla. L. Weekly D1201 CITY OF MIAMI, Appellant, v. Lucious E. BURNETT, Appellee. |
Page 478
v.
Lucious E. BURNETT, Appellee.
First District.
Rehearing Denied April 28, 1992.
Jorge J. Fernandez, City Atty., and Ramon Irizarri and Kathryn S. Pecko, Asst. City Attys., Miami, for appellant.
Mark L. Zientz of Williams & Zientz, and Richard A. Sicking of Richard A. Sicking, P.A., Miami, for appellee.
BARFIELD, Judge.
The issue presented in this appeal is the retroactive application of Barragan v. City of Miami, 545 So.2d 252 (Fla.1989), to the claim of an employee injured after June 30, 1973, the last effective date of section 440.09(4), Florida Statutes (1957), repealed by chapter 73-127, Laws of Florida, effective July 1, 1973. Consistent with our holding in City of Daytona Beach v. Amsel, 585 So.2d 1044 (Fla. 1st DCA 1991), we hold that Barragan has retroactive application to July 1, 1973.
Our reading of Barragan convinces us that the supreme court did not intend to excuse retroactive application of its decision. Its rejection of the City of Miami ordinance as contravening section 440.21, Florida Statutes (1987), the state law which prohibits the city from collecting from the employee a contribution to a fund to pay workers' compensation benefits, is interpreted by this court to mean that the ordinance was void effective July 1, 1973, and therefore was not part of the law comprising the contract for benefits between the employer and employee. City of Miami v. Jones, 593 So.2d 544 (Fla. 1st DCA 1992).
The order of the Judge of Compensation Claims is AFFIRMED. 1
Page 479
Claimant has filed a motion for award of attorney fees against the employer for his legal representation on appeal. We intend to grant that motion, but not without comment. The content of the motion is legally inadequate, but that comes as no surprise because many of the motions for attorney fees on appeal in workers' compensation cases are inadequate. This shortcoming prevails notwithstanding nine years of explanation and warning issued by this court. Southern Erectors, Inc. v. Gay, 558 So.2d 1099 (Fla. 1st DCA 1990); Lehigh Corp. v. Byrd, 397 So.2d 1202 (Fla. 1st DCA 1981).
The motion before this court cites as authority for attorney fees section 440.34(5), Florida Statutes (1980), although the date of accident was May 31, 1975. This precise problem was addressed by this court and resolved against the claimant in Ship Shape...
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City of Miami v. Bell, No. 91-1878
...application of the Barragan decision, this court having previously decided this point to the contrary in City of Miami v. Burnett, 596 So.2d 478 (Fla. 1st DCA 1992). In that case we followed our decision in City of Daytona Beach v. Amsel, 585 So.2d 1044 (Fla. 1st DCA 1991), which held that ......
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City of Miami v. Ogle
...of Miami v. Majewski (Betty); City of Miami v. Moye ( NOS. 80,055, 79,951 Supreme Court of Florida. Oct 14, 1992 Appeal From: 1st DCA, 596 So.2d 478, 597 So.2d 963, 597 So.2d 964, 600 So.2d 31, 602 So.2d 576, 602 So.2d 587 Disposition: Rev. den. ...
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City of North Bay Village v. Cook, No. 92-00160
...application. Placing such a construction on the statute would make it consistent with this court's holdings in City of Miami v. Burnett, 596 So.2d 478 (Fla. 1st DCA), review denied sub nom., City of Miami v. Ogle, 606 So.2d 1164 (Fla.1992), and City of Daytona Beach v. Amsel, 585 So.2d 1044......
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City of Miami v. Hickey, No. 91-4025
...Miami v. Thomas, 614 So.2d 1111 (Fla. 1st DCA 1992); City of Miami v. Bell, 606 So.2d 1183 (Fla. 1st DCA 1992); City of Miami v. Burnett, 596 So.2d 478 (Fla. 1st DCA 1992); City of Daytona Beach v. Amsel, 585 So.2d 1044 (Fla. 1st DCA 1991). We certify to the Florida Supreme Court as a quest......
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City of Miami v. Bell, No. 91-1878
...application of the Barragan decision, this court having previously decided this point to the contrary in City of Miami v. Burnett, 596 So.2d 478 (Fla. 1st DCA 1992). In that case we followed our decision in City of Daytona Beach v. Amsel, 585 So.2d 1044 (Fla. 1st DCA 1991), which held that ......
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City of North Bay Village v. Cook, No. 92-00160
...application. Placing such a construction on the statute would make it consistent with this court's holdings in City of Miami v. Burnett, 596 So.2d 478 (Fla. 1st DCA), review denied sub nom., City of Miami v. Ogle, 606 So.2d 1164 (Fla.1992), and City of Daytona Beach v. Amsel, 585 So.2d 1044......
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City of Miami v. Ogle
...of Miami v. Majewski (Betty); City of Miami v. Moye ( NOS. 80,055, 79,951 Supreme Court of Florida. Oct 14, 1992 Appeal From: 1st DCA, 596 So.2d 478, 597 So.2d 963, 597 So.2d 964, 600 So.2d 31, 602 So.2d 576, 602 So.2d 587 Disposition: Rev. den. ...
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City of Miami v. Hickey, No. 91-4025
...Miami v. Thomas, 614 So.2d 1111 (Fla. 1st DCA 1992); City of Miami v. Bell, 606 So.2d 1183 (Fla. 1st DCA 1992); City of Miami v. Burnett, 596 So.2d 478 (Fla. 1st DCA 1992); City of Daytona Beach v. Amsel, 585 So.2d 1044 (Fla. 1st DCA 1991). We certify to the Florida Supreme Court as a quest......