Stolzer v. Magic Tilt Trailer, Inc., No. 1D03-2747.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | PER CURIAM. |
| Citation | 878 So.2d 437 |
| Parties | Dean STOLZER, Appellant, v. MAGIC TILT TRAILER, INC. and United Self Insured Services, Appellees. |
| Docket Number | No. 1D03-2747. |
| Decision Date | 09 July 2004 |
878 So.2d 437
Dean STOLZER, Appellant,v.
MAGIC TILT TRAILER, INC. and United Self Insured Services, Appellees.
No. 1D03-2747.
District Court of Appeal of Florida, First District.
July 9, 2004.
Rehearing Denied July 30, 2004.
William H. McKnight, Tampa, for Appellant.
Elizabeth P. Lynch and David K. Beach of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Tampa, for Appellees.
PER CURIAM.
Dean Stolzer, claimant below, appeals a final order of the Judge of Compensation Claims determining that section 440.34(3), Florida Statutes (2002)1 retroactively applied to the petition for permanent total disability benefits filed as a result of his compensable motor vehicle accident on
The parties agree that this amendment to the attorney's fee statute, which allows the employer/carrier 30 days rather than 14 days within which to provide benefits before being responsible for payment of attorney's fees, is a substantive change to the statute. Accordingly, the established precedent from the Florida Supreme Court and this court is clear that the amendment cannot be retroactively applied. Sullivan v. Mayo, 121 So.2d 424, 428 (Fla.1960); Phillips v. City of West Palm Beach, 70 So.2d 345, 346 (Fla.1953); Vilches v. City of Dunedin, 738 So.2d 990, 991 (Fla. 1st DCA 1999); Baptist Manor Nursing Home v. Madison, 658 So.2d 1228, 1230 (Fla. 1st DCA 1995); City of Crestview v. Howard, 657 So.2d 73, 74 (Fla. 1st DCA 1995); Kraft Dairy Group v. Sorge, 634 So.2d 720, 721 (Fla. 1st DCA 1994); Mueller v. Searcy, 418 So.2d 397, 399 (Fla. 1st DCA 1982); Ship Shape v. Taylor, 397 So.2d 1199, 1201 (Fla. 1st DCA 1981); see also Ace Disposal v. Holley, 668 So.2d 645, 646 (Fla. 1st DCA 1996).
REVERSED.
KAHN, WEBSTER and VAN NORTWICK, JJ., concur.
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Notes:
1. That statute provides in pertinent part:Regardless of the date benefits were initially requested, attorney's fees shall not attach under this subsection until 30 days after the carrier or employer, if self-insured, receives the petition.
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Walker v. Cash Register Auto Ins., No. 1D05-4321.
...withdrawal or amendment of a claim, allegation or defense could substantively alter a case. Compare, Stolzer v. Magic Tilt Trailer, Inc., 878 So.2d 437 (Fla. 1st DCA 2004)(holding that statutory amendment to Chapter 440, Florida Statutes, that allowed employer/carrier 30 days, rather than 1......
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The Bionetics Corp.. v. Kenniasty, No. SC09–1243.
...on the right to recover attorney's fees are substantive in nature. See, id. at 879 (citing Stolzer v. Magic Tilt Trailer, Inc., 878 So.2d 437, 438 (Fla. 1st DCA 2004) (holding that a statutory amendment allowing an employer or carrier thirty rather than fourteen days to provide workers' com......
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McCarty v. UNEMPLOYMENT APPEALS COM'N, No. 1D03-3116.
...of company policy. Id. at 1041 (footnotes omitted). Nor can I agree with the majority's characterization that the "present case is 878 So.2d 437 devoid of any evidence that Ms. McCarty deliberately or intentionally acted against her employer's interests, even though a policy was violated." ......
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Menendez v. Progressive Express Insurance Co., Inc., No. SC08-789 (Fla. 2/4/2010), No. SC08-789.
...Walker v. Cash Register Auto Insurance of Leon County, Inc., 946 So. 2d 66 (Fla. 1st DCA 2006), and Stolzer v. Magic Tilt Trailer, Inc., 878 So. 2d 437 (Fla. 1st DCA 2004). Because we conclude that the 2001 amendment creating the statutory presuit notice provisions constitutes a substantive......
-
Walker v. Cash Register Auto Ins., 1D05-4321.
...withdrawal or amendment of a claim, allegation or defense could substantively alter a case. Compare, Stolzer v. Magic Tilt Trailer, Inc., 878 So.2d 437 (Fla. 1st DCA 2004)(holding that statutory amendment to Chapter 440, Florida Statutes, that allowed employer/carrier 30 days, rather than 1......
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Menendez v. Progressive Express Insurance Co., Inc., No. SC08-789 (Fla. 2/4/2010), SC08-789.
...Walker v. Cash Register Auto Insurance of Leon County, Inc., 946 So. 2d 66 (Fla. 1st DCA 2006), and Stolzer v. Magic Tilt Trailer, Inc., 878 So. 2d 437 (Fla. 1st DCA 2004). Because we conclude that the 2001 amendment creating the statutory presuit notice provisions constitutes a substantive......
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The Bionetics Corp.. v. Kenniasty, SC09–1243.
...on the right to recover attorney's fees are substantive in nature. See, id. at 879 (citing Stolzer v. Magic Tilt Trailer, Inc., 878 So.2d 437, 438 (Fla. 1st DCA 2004) (holding that a statutory amendment allowing an employer or carrier thirty rather than fourteen days to provide workers' com......
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McCarty v. UNEMPLOYMENT APPEALS COM'N, 1D03-3116.
...of company policy. Id. at 1041 (footnotes omitted). Nor can I agree with the majority's characterization that the "present case is 878 So.2d 437 devoid of any evidence that Ms. McCarty deliberately or intentionally acted against her employer's interests, even though a policy was violated." ......