Cohen v. Sloan

• Decision Date: 02 July 1940
• Citation: 143 Fla. 609,197 So. 342
• Parties: COHEN v. SLOAN et ux.
• Court: Florida Supreme Court

197 So. 342

143 Fla. 609

COHEN v. SLOAN et ux.

Florida Supreme Court, Division A.

July 2, 1940

Error to Circuit Court, Gilchrist County; H. L. Sebring, Judge.

Proceeding under the Workmen's Compensation Act by I. Sloan and wife, claimants, opposed by Philip Cohen, doing business as the United Five and Ten Cent Stores, employer. To review an unsatisfactory judgment of the circuit court, the employer brings error.

Affirmed.

COUNSEL Scruggs & Spence, of Gainesville, for plaintiff in error.

McKinney & Edwards, of Cross City, and Whitfield & Whifield, of Tallahassee, for defendant in error.

OPINION

BUFORD Justice.

This is the second appearance of this case here. See Cohen v Sloan, 137 Fla. 335, 188 So. 331.

On the 9th day of June, 1937, an order was entered by the Florida Industrial Commission, inter alia, as follows:

'Therefore it is the award of the Florida Industrial Commission that Philip Cohen, doing business as United Five and Ten Cent Stores, pay to Mr. and Mrs. I. Sloan, mother and father of Willie Mae Sloan, late of Cross City, Florida, the sum of $4.00 per week for 350 weeks, funeral expenses in the amount of $150.00 and all bills heretofore incurred for medical shall be paid by the employer. Also the sum of $10.00 as attorney fees to Messrs. McKinney and Edwards, Attorneys of Cross City, Florida, for legal services to the claimants and such attorneys fees shall be a lien on compensation paid under this award as provided in Section 34 of the Act.'

On July 6, 1937, Cohen entered appeal to the Circuit Court.

On October 5, 1937, the Circuit Court affirmed the Award of the Industrial Commission.

On November 4, 1937, writ of error from the Supreme Court was sued out.

After affirmance by this Court of the judgment of the Circuit Court affirming the Award of the Commission, the claimants on May 29, 1939 demanded payment of the Award.

The record (see order of Circuit Judge, infra) shows that the mandate of the Supreme Court was filed in the office of the Clerk of the Circuit Court on the 13th day of May, 1939.

On August 26, 1939, the Commission entered its supplemental order, as follows:

'This cause coming on on application of Claimant for a Supplementary Order determining the Amount of compensation due the claimant in the above entitled cause.

'The records being carefully examined, it is the finding of the Commission that the sum of $1,400 is the lump sum the Claimant is entitled to under Section 24 of the Act as it appears from the records that no compensation has been paid under the award of June, 9, 1937.

'It is further found that claimant is entitled to $150.00 for funeral expenses of the deceased Willie Mae Sloan and all medical and Court cost incurred herein.

'So ordered this 24 day of Aug. A. D. 1939.'

On January 19, 1940, an order in due course was entered containing, inter alia, the following:

'The Employer, Philip Cohen, having failed and refused to make payments on said Award for thirty (30) days or more, subsequent to the said Award becoming final, as entered by the said Florida Industrial Commission, and on the 25th day of August, 1939, no compensation had been paid by the said Employer under the said Award of June 9th, 1937, and on said 25th day of August, 1939, the Florida Industrial Commission entered a Supplementary Award or Order herein, and thereby ordered that the sum of $1,400.00 is the lump sum that Claimants are entitled to under Section 24 of the Act, and further found that the said Claimants were entitled to the further sum of $150.00 for funeral expenses of the deceased, Willie Mae Sloan, and all medical and Court Costs incurred herein.

'It appears to the Court that because of the Default by the Employer in the payment of compensation due under the aforesaid Award of Compensation, entered June 9th, 1937, for a period of thirty (30) days, and more, after the Compensation became due and payable thereunder, and the Respondent having failed to show cause why Judgment should not be entered against him herein.

'It is, therefore, ordered, adjudged and decreed by the Court that the Petitioners, I. Sloan and Mamie Sloan, do have and recover of and from the Defendant Philip Cohen, doing business as United Five and Ten Cent Stores, the sum of $701.92 (?) representing past due compensation payments at 6% interest from the the date of accident to the date of the hearing of this matter on Final Judgment, and the sum of $178.65 representing the cost of funeral expenses expended by the Petitioners at 6% interest from the date of the expenditure to the date of the hearing of this matter on Final Judgment, and further the sum of $687.23 which represents all future compensation payments discounted at 8% compounded annually.

'Thereupon, it is ordered and adjudged that the Petitioners, I. Sloan and Mamie Sloan do have and recover of and from the Defendant Philip Cohen doing business as United Five and Ten Cent Stores the sum of $1567.80 and a further sum of $12.75 their costs in this behalf expended, for which let execution issue.

'An...