Legal Opinion

Combustion Engineering, Inc. v. Cote

District Court of Appeal of Florida

Decided April 1, 1987No. BN-273PublishedCited by 3 opinions

1Opinion of the Court

ERVIN, Judge.

The employer/carrier (e/e) appeals, an order of the deputy commissioner (dc) awarding attorney’s fees. Finding that the award was contingent in nature and that the contingency upon which the award was *534based did not occur, we vacate the order and remand the cause to the dc for further proceedings.

The e/c was held responsible for attorney’s fees in the instant case pursuant to Section 440.34(3)(c), Florida Statutes, after the claimant had prevailed on the issue of compensability for benefits due, as a result of his establishing that he had contracted the occupational disease of…

2Cases cited4 opinions

  1. Polote Corp. v. MeredithDistrict Court of Appeal of Florida · 1986
  2. General Portland Land Development Co. v. StevensDistrict Court of Appeal of Florida · 1978
  3. Samper v. WB Johnson Properties, Inc.District Court of Appeal of Florida · 1986
  4. Cote v. Combustion Engineering, Inc.District Court of Appeal of Florida · 1987

3Cited by3 opinions

  1. Estate of Paulk v. LindamoodDistrict Court of Appeal of Florida · 1988
  2. Florida Power Corp. v. BrownDistrict Court of Appeal of Florida · 2003
  3. Spiker's All American Custom Accessories v. SpikerDistrict Court of Appeal of Florida · 1994

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