Clark v. Saralakes Estates, 482 So. 2d 387 (Fla. 1st DCA 1985). · Go Syfert
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Clark v. Saralakes Estates, 482 So. 2d 387 (Fla. 1st DCA 1985). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Donald G. CLARK
v.
SARALAKES ESTATES and Aetna Insurance Company
No. BG-43.
District Court of Appeal of Florida, First District.
Oct 8, 1985.
482 So. 2d 387
E. Douglas Spangler, Jr., Sarasota, for appellant., Mark E. Hungate, of Fowler, White, Gil-len, Boggs, Villareal and Banker, St. Pe-tersburg, for appellees.
Shivers, Wentworth, Wigginton.
Cited by 1 opinion  |  Published
WIGGINTON, Judge.

Appellant appeals the deputy commissioner’s denial of appellant’s motion for[*388] attorney’s fees to be paid by appellees employer/carrier pursuant to section 440.-34(3)(a) or (c), Florida Statutes. We reverse.

The record shows that appellant prevailed in proceedings in which he sought medical benefits only and at the time he sought those benefits, he had not filed and was not entitled to file a claim for other benefits. Consequently, he is entitled to recover from appellees a reasonable attorney’s fee pursuant to section 440.34(3)(a), Florida Statutes.

As a result of the above holding, we need not reach the question of whether appellant is entitled to recover an attorney’s fee from appellees pursuant to section 440.34(3)(c).

REVERSED and REMANDED to the deputy commissioner for a determination of a reasonable attorney’s fee.

SHIVERS and WENTWORTH, JJ., concur.