State, Department of Public Health, Division of Risk Management v. Wilcox

SCHWARTZ, Chief Judge.

In a “rule nisi” proceeding under section 440.24(1), Florida Statutes (1983), the court below enforced an award of $1500 in appellate attorney’s fees contained in a workers’ compensation order and granted additional fees for the maintenance of the enforcement action itself. We reverse on the sole ground of prematurity1 because the underlying compensation order was, and still is, on appeal.

The fees in question were awarded by the deputy commissioner in compliance with an order of the First District Court of Appeal which accompanied its opinion in an earlier appeal of this…