Legal Opinion

Basford v. Florida Power & Light Co.

Supreme Court of Florida

Decided March 10, 1971No. 40153PublishedCited by 6 opinions

1Opinion of the Court

DEKLE, Justice.

Does claimant’s subsequent death terminate (or reduce) a prior award of attorney’s fee in Workmen’s Compensation? It does not.

Permanent total was awarded here with attorney’s fee based in part on claimant’s life expectancy. Claimant died during pen-dency of the appeal. The Commission then reversed the award of attorney’s fee and ordered the Judge to consider whether a reduction of attorney’s fee was not appro*2priate in light of S. & J. Mercury Cab v. Eibister, 190 So.2d 754 (Fla.1966). Death benefits were voluntarily paid.

In Mercury, claimant died before attorney’s fees were…

2Cases cited4 opinions

  1. Lee Engineering & Construction Company v. FellowsSupreme Court of Florida · 1968
  2. Matera v. GautierSupreme Court of Florida · 1961
  3. Creighton v. SearsSupreme Court of Florida · 1966
  4. S. & J. Mercury Cab v. EibisterSupreme Court of Florida · 1966

3Cited by6 opinions

  1. Barr v. Pantry PrideDistrict Court of Appeal of Florida · 1987
  2. M. Serra Corp. v. GarciaDistrict Court of Appeal of Florida · 1983
  3. Davis v. Homestake Mining Co.New Mexico Court of Appeals · 1986
  4. Chesnick v. City of Delray BeachDistrict Court of Appeal of Florida · 1986
  5. City of Miami v. WatkinsDistrict Court of Appeal of Florida · 1988

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