Southern Erectors, Inc. v. Gay

Decision Date03 April 1990
Docket NumberNo. 89-01755,89-01755
Citation558 So.2d 1099
Parties15 Fla. L. Weekly D847 SOUTHERN ERECTORS, INC.; Lumbermen's Mutual Insurance Company; Daniels Construction Company; and United States Fidelity & Guaranty Company, Appellants/Cross-Appellees, v. Michael GAY, Appellee/Cross-Appellant.
CourtFlorida District Court of Appeals

An Appeal from an Order of the Judge of Compensation Claims; Michael J. DeMarko.

Douglas F. Miller of Clark, Partington, Hart, Larry, Bond, Stackhouse & Stone, Pensacola, for appellants/cross-appellees Southern Erectors, Inc. and Lumbermen's Mut. Ins. Co.

Larry Hill of Moore, Hill & Westmoreland, P.A., Pensacola, for appellants/cross-appellees Daniels Const. Co. and U.S. Fidelity & Guar. Co.

James F. McKenzie of McKenzie & Millsap, P.A., Pensacola, for appellee/cross-appellant.

PER CURIAM.

This cause is before us on appeal of an order awarding temporary disability and wage loss benefits, and authorizing a new treating physician. After careful consideration of the merits, we affirm.

We deny appellee's motion for appellate attorney fees. Counsel's motion for attorney fees cited Section 627.428, Florida Statutes, an Insurance Code attorney fee provision which is inapplicable to workers' compensation cases. The correct statute for workers' compensation cases is Section 440.34, Florida Statutes. We have previously held that an appellate attorney fee request in workers' compensation cases must cite specific statutory authority. Lehigh Corp. v. Byrd, 397 So.2d 1202 (Fla. 1st DCA 1981). Counsel is ordered not to charge his client any fee for work done on the appeal or cross-appeal. A copy of this decision shall be delivered by counsel to his client, Michael Gay. Joseph Land & Co. v. Green, 486 So.2d 87 (Fla. 1st DCA 1986).

BOOTH, THOMPSON and MINER, JJ., concur.

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2 cases
  • City of Miami v. Burnett, 91-784
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 1992
    ...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 The motion before this court cites as authority for attorney fees sect......
  • Costello v. State, 89-2374
    • United States
    • Court of Appeal of Florida (US)
    • April 4, 1990

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