Florida District Courts of Appeal, 1985

Callahan v. School Board of Monroe County

Callahan v. School Board of Monroe County
Florida District Courts of Appeal · Decided February 20, 1985 · Barfield, Booth, Mills
463 So. 2d 1263; 10 Fla. L. Weekly 469; 1985 Fla. App. LEXIS 22158 (Southern Reporter, Second Series)

Callahan v. School Board of Monroe County

Opinion of the Court

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 The mandate previously withdrawn shall issue.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.

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