Legal Opinion · Concurrence

Jackson v. Ryan's Family Steak House

District Court of Appeal of Florida

Decided December 22, 2009No. 1D08-6328Published

1ConcurrenceHawkes, C.J.

I concur with the majority opinion. A JCC has a duty to award fees that are reasonably related to the amount a conscientious and diligent attorney would be expected to charge under similar circumstances. To award a fee amount that is excessive to the point it “shocks the conscience” of the JCC who presided over the case is illogical and contrary to the primary goal of the statute. Therefore, I agree that the JCC’s order should be affirmed.

Background

Claimant filed a petition for benefits (PFB) for authorization of psychiatric treatment, prescription reimbursement, and payment of mileage. After…

2Cases cited14 opinions

  1. Murray v. Mariner HealthSupreme Court of Florida · 2008
  2. Crittenden Orange Blossom Fruit v. StoneSupreme Court of Florida · 1987
  3. Sanchez v. Woerner Management, Inc.District Court of Appeal of Florida · 2004
  4. Ziontz v. Ocean Trail Unit Owners Ass'nDistrict Court of Appeal of Florida · 1995
  5. Mercy Hospital v. HolmesDistrict Court of Appeal of Florida · 1996

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