Callahan v. Sch. Bd. of Monroe Cnty., 463 So. 2d 1263 (Fla. 3d DCA 1985). · Go Syfert
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Callahan v. Sch. Bd. of Monroe Cnty., 463 So. 2d 1263 (Fla. 3d DCA 1985). Cases Citing This Book View Copy Cite
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Susan CALLAHAN
v.
SCHOOL BOARD OF MONROE COUNTY, Florida and Gallagher Bassett Insurance Service
No. AU-194.
District Court of Appeal of Florida, Third District.
Feb 20, 1985.
Published opinion
463 So. 2d 1263
1985 Fla. App. LEXIS 22158
Harvey Kaufman, of Kenney, Bowsell & Kaufman, West Palm Beach, for appellant., Donna S. Catoe, of Peters, Pickle, Flynn, Niemoeller & Downs, Miami, for appellees.
Barfield, Booth, Mills.
Published

ON MOTION TO REVIEW ASSESSMENT OF COSTS

BARFIELD, Judge.

The order of the deputy commissioner dated October 29, 1984, denying the motion of The Division of Workers’ Compensation for taxation of costs is REVERSED. The claimant was a prevailing party on appeal. See 455 So.2d 532. Denial of attorney fees to a claimant on appeal is not indicative that claimant was not the prevailing party. Attorney fees on appeal were denied for claimant’s failure to state grounds for award of a fee.

This case is remanded to the deputy commissioner for taxation of costs against the employer/carrier. The mandate previously withdrawn shall issue.

MILLS and BOOTH, JJ., concur.