Florida District Courts of Appeal, 1980

American Paper Chemical Products v. Bright

American Paper Chemical Products v. Bright
Florida District Courts of Appeal · Decided October 30, 1980 · Joanos, Liles, Ret, Wentworth
389 So. 2d 705; 1980 Fla. App. LEXIS 18043 (Southern Reporter, Second Series)

American Paper Chemical Products v. Bright

Opinion of the Court

PER CURIAM.

Employer/carrier appeals a workers’ compensation order which we affirm except insofar as the award of 8% interest applies to delinquencies which accrued prior to July 1, 1978; interest on such delinquencies is properly awarded at a rate of 6%. Miami-Dade Water and Sewer Authority v. Caravasios, 377 So.2d 56 (Fla. 1st DCA 1979); § 55.03(1), Florida Statutes.

As to-delinquencies accruing on or after July 1, 1978, interest is properly awarded at a rate of 12%. Myers v. Carr Construction Co., 387 So.2d 417 (Fla. 1st DCA, 1980); § 440.20(7), Florida Statutes (1980). However, by failing to cross-appeal or otherwise assert error as to this portion of the award, claimant has consented to the award of interest at a rate of 8%.

The order appealed is amended so as to award 6% interest on delinquencies which accrued prior to July 1, 1978; the order is affirmed as amended.

WENTWORTH and JOANOS, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.

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