School Bd. of Collier County v. Salter

Decision Date16 October 1984
Docket NumberNo. AX-414,AX-414
Citation457 So.2d 1132
PartiesThe SCHOOL BOARD OF COLLIER COUNTY, Florida, Appellant, v. Nancy SALTER, Appellee.
CourtFlorida District Court of Appeals

James H. Siesky, P.A., Naples, for appellant.

Richard I. Cervelli, P.A., Naples, for appellee.

PER CURIAM.

The deputy's order awarding claimant's attorney a fee of $8,500.00 is reversed for failure to make a finding of the benefits obtained for claimant by the attorney and for failure to adequately explain how the factors in Lee Engineering and Construction Co. v. Fellows, 209 So.2d 454 (Fla.1968), were applied to arrive at the fee awarded. Commercial Carrier Corp. v. Porter, 452 So.2d 125 (Fla. 1st DCA 1984); and Department of Health and Rehabilitative Services/Division of Blind Services v. Bean, 435 So.2d 967 (Fla. 1st DCA 1983). We hasten to add that this reversal should not be interpreted as an indication that we view the award of $8,500.00 as excessive and/or an abuse of discretion. The order simply does not contain the necessary findings to permit an orderly review by this court, in the face of the specific questions raised by the E/C concerning the extent to which the amount of the award was affected by the method of calculating benefits obtained for the claimant. Upon remand, the deputy is directed to consider Deese v. Oolite Rock Company, IRC Order 2-1045 (1961), affirmed, 134 So.2d 241 (Fla.1961), which requires the present value of claimant's compensation payments to be determined and used for purposes of calculating the statutory schedule amount of attorney's fees due under Section 440.34(1), Florida Statutes (1977). Deese provides that the four percent (4%) statutory discount factor may be utilized to compute the present value of claimant's compensation payments. Since the date of accident in this case is May 24, 1978, the newly enacted eight percent (8%) statutory discount factor, which has been held by this court to be prospective only, would not apply. Cone Brothers Contracting v. Gordon, 453 So.2d 420 (Fla. 1st DCA 1984).

Accordingly, the deputy's order is REVERSED and the cause REMANDED for proceedings consistent with this opinion.

BOOTH, SMITH and THOMPSON, JJ., concur.

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7 cases
  • Rolle v. Metropolitan Dade County
    • United States
    • Florida District Court of Appeals
    • September 7, 1994
    ...Company v. Judy, 566 So.2d 537 (Fla. 1st DCA 1990); Locke v. Rooney, 508 So.2d 467 (Fla. 1st DCA 1987); School Board of Collier County v. Salter, 457 So.2d 1132 (Fla. 1st DCA 1984). However, after careful analysis of these cases, we see no logical reason to require the strict application of......
  • Taylor v. Fulmer-Orlando
    • United States
    • Florida District Court of Appeals
    • July 8, 1988
    ...determine the amount of benefits secured by the claimant's attorney, section 440.34(1), Florida Statutes; School Board of Collier County v. Salter, 457 So.2d 1132 (Fla. 1st DCA 1984), and his failure to expressly consider the guidelines and factors set out in section 440.34(1)(a)-(h), Flori......
  • Cason v. Alachua Builders
    • United States
    • Florida District Court of Appeals
    • April 15, 1985
    ...set forth in Lee Engineering & Construction Company v. Fellows, 209 So.2d 454 (Fla.1968), were applied. School Board of Collier County v. Salter, 457 So.2d 1132 (Fla. 1st DCA 1984); Commercial Carrier Corp. v. Porter, 452 So.2d 125 (Fla. 1st DCA 1984); and Department of Health and Rehabilit......
  • Locke v. Rooney
    • United States
    • Florida District Court of Appeals
    • June 2, 1987
    ...be awarded. The four percent discount rate in effect at the time of the accident should have been applied. School Board of Collier County v. Salter, 457 So.2d 1132 (Fla. 1st DCA 1984). The order is therefore REVERSED and REMANDED for redetermination of the amount of the attorney fee Appella......
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