Rivera v. Deauville Hotel, Employers Service Corp., 43065
| Decision Date | 02 May 1973 |
| Docket Number | No. 43065,43065 |
| Citation | 277 So.2d 265 |
| Parties | Julio RIVERA, Petitioner, v. DEAUVILLE HOTEL, EMPLOYERS SERVICE CORPORATION and the Florida Industrial Relations Commission, Respondents. |
| Court | Florida Supreme Court |
Richard A. Sicking, Kaplan, Dorsey, Sicking, Hessen & Rodenberg, P.A., Miami, for petitioner.
John G. Tomlinson, Jr., Williams & Tomlinson, Caral Gables, and Kenneth H. Hart, Jr., Tallahassee, Florida Industrial Relations Commission, for respondents.
On petition for writ of certiorari, we review an order of the Industrial Relations Commission which reversed a Judge of Industrial Claims award of an attorney's fee to petitioner-claimant Rivera. We affirm the Commission order.
The basis for the fee award was the recovery of certain transportation expenses totalling $90. When petitioner's compensation claim was heard, the Compensation Order of the Judge of Industrial Claims denied an award for these expenses and the Commission affirmed the order. While the case was then pending before this Court on petition for writ of certiorari, the employer paid those expenses pursuant to an agreement with the claimant. The claimant, in accordance with the agreement, then abandoned any claim to these expenses and withdrew that issue, as moot, from this Court's consideration. After considering the other issues raised in claimant's original petition, we denied issuance of a writ of certiorari and denied a petition for an attorney's fee. No petition for rehearing was filed.
Claimant then petitioned the Judge of Industrial Claims for a modification of the Compensation Order, requesting additional attorney's fee for services rendered in obtaining the additional $90 transportation expenses. The Judge held that the attorney was entitled to a fee for obtaining this benefit; he found that the services necessary to obtain the benefit were the handling of the appeal before the Commission and the certiorari proceeding before this Court; and he awarded a fee of $575, being the 'usual fee' awarded for those services. The Commission reversed this award on the ground that Judge of Industrial Claims has no jurisdiction to award fees for representation before the Commission or before this Court.
We agree with the Commission that there is no provision of our Workmen's Compensation Law, F.S. Chapter 440, F.S.A., which authorizes a Judge of Industrial Claims to award attorney fees for activities of counsel in representing a claimant before an...
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Perkins State Bank v. Connolly
...Fairchild-Florida Construction Co., 341 So.2d 759 (Fla.1976); Campbell v. Maze, 339 So.2d 202 (Fla.1976); Rivera v. Deauville Hotel, Employers Service Corp., 277 So.2d 265 (Fla.1973); Stone v. Jeffres, 208 So.2d 827 (Fla.1968); DeGarcia v. Seiglie, 230 So.2d 37 (Fla.Dist.Ct.App.-4th Dist. 1......
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Leitman v. Boone, 82-1517
...1 (Fla.1968); Codomo v. Emanuel, 91 So.2d 653 (Fla.1956); Rader v. Recarey, 352 So.2d 550 (Fla. 3d DCA 1977). See also Rivera v. Deauville Hotel, 277 So.2d 265 (Fla.1973); Stone v. Jeffres, 208 So.2d 827 (Fla.1968). In the present case, the defendants' entitlement to fees rested solely on a......
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Sholkoff v. Boca Raton Community Hosp., Inc., 95-3865
...Fla. 20, 186 So. 202 (1939); Webb v. Scott, 129 Fla. 111, 176 So. 442 (1937). As the court explained in Rivera v. Deauville Hotel, Employers Service Corp., 277 So.2d 265, 266 (Fla.1973), "[a]n award of an attorney fee to any litigant is in derogation of the common law, and it is allowed onl......
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Whitten v. Progressive Cas. Ins. Co.
...Fairchild-Florida Construction Co., 341 So.2d 759 (Fla.1976); Campbell v. Maze, 339 So.2d 202 (Fla.1976); Rivera v. Deauville Hotel, Employers Service Corp., 277 So.2d 265 (Fla.1973); Codomo v. Emanuel, 91 So.2d 653 (Fla.1956); State ex rel. Royal Ins. Co. v. Barrs, 87 Fla. 168, 99 So. 668 ......
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Beyond statute, rule, and contract: equity as a basis for awarding attorneys' fees.
...who seek to frustrate equity, as well as encourage those who seek to foster it. (1) Rivera v. Deauville Hotel, Employers Service Corp., 277 So. 2d 265, 266 (Fla. (2) Pepper's Steel & Alloys, Inc. v. United States, 850 So. 2d 462, 465 (Fla. 2003). (3) Weisenberg v. Carlton, 233 So. 2d 65......
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Chapter 16-1 Introduction
...Alyeska Pipeline Serv. Co. v. Wilderness Society, 421 U.S. 240, 249 (1975).[3] Rivera v. Deauville Hotel, Employers Service Corp., 277 So. 2d 265 (Fla. 1973).[4] Dade County v. Pena, 664 So. 2d 959 (Fla. 1995); Trytek v. Gale Industries, Inc., 3 So. 3d 1194 (Fla. 2009); Campbell v. Goldman,......
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Chapter 17-1 Introduction
...Alyeska Pipeline Serv. Co. v. Wilderness Society, 421 U.S. 240, 249 (1975).[3] Rivera v. Deauville Hotel, Employers Service Corp., 277 So. 2d 265 (Fla. 1973).[4] Dade County v. Pena, 664 So. 2d 959 (Fla. 1995); Trytek v. Gale Industries, Inc., 3 So. 3d 1194 (Fla. 2009); Campbell v. Goldman,......