Florida District Courts of Appeal, 1982

Jess Parrish Memorial Hospital v. Layer

Florida District Courts of Appeal · Decided October 21, 1982 · Shivers, Smith, Thompson

420 So. 2d 917; 1982 Fla. App. LEXIS 21445 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Veterans Septic Tank Service v. Wallace (Fla. Dist. Ct. App. 1984)
Nathan, Kimball, King & Levine v. Moss (Fla. Dist. Ct. App. 1984)
Closet Maid Corp. v. Wilson (Fla. Dist. Ct. App. 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ROBERT P. SMITH, Jr., Chief Judge.

Neither in the application for hearing nor at the hearing itself did claimant’s attorney assert that the carrier’s bad faith handling of the claim was the basis for his claim of attorney’s fees. Consequently there was no forthright assertion of bad faith, nor any meaningful litigation on that subject at the hearing. Embry-Riddle Aeronautical University v. Vestal, 399 So.2d 1033, 1035 (Fla. *9181st DCA 1981). The deputy’s barebones finding of bad faith, constructed from a claimant’s deposition introduced not to prove notice and bad faith but for another stated purpose, and the consequent fee award, are therefore REVERSED.

SHIVERS and THOMPSON, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.