Florida District Courts of Appeal, 1983

Orange News & Mission Insurance Co. v. Price

Orange News & Mission Insurance Co. v. Price
Florida District Courts of Appeal · Decided July 29, 1983 · Nimmons, Shivers, Smith
435 So. 2d 933; 1983 Fla. App. LEXIS 19948 (Southern Reporter, Second Series)

Orange News & Mission Insurance Co. v. Price

Opinion of the Court

ROBERT P. SMITH, Jr., Judge.

The deputy’s order awarding attorneys’ fees for the carrier’s “bad faith” handling of this claim, § 440.34(2)(b), Fla-Stat. (1979), is flawed by factual misstatements and implications that are not sustainable by any view of the record. The asserted cumulative effect of the several episodes relied upon as showing bad faith handling is therefore not as portrayed by the order appealed, and the award of attorneys’ fees must be reversed. The parties agree that the deputy also erred in awarding wage loss benefits from October 30,1980, to February 28, 1981, those benefits having previously been paid. In all other respects the deputy’s order of November 18, 1982, is to be affirmed.

*934AFFIRMED in part, REVERSED in part.

SHIVERS and NIMMONS, JJ., concur.

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