Florida District Courts of Appeal, 1986

Antennas for Communication v. Compton

Florida District Courts of Appeal · Decided February 13, 1986 · Bar, Field, Thompson, Zehmer

482 So. 2d 610; 11 Fla. L. Weekly 405; 1986 Fla. App. LEXIS 6354 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Ankeny v. PALM BEACH COUNTY SCHOOL BD. (Fla. Dist. Ct. App. 1994)
Avis Rent-A-Car Systems v. Hulbert (Fla. Dist. Ct. App. 1986)

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

PER CURIAM.

AFFIRMED. Pursuant to rule 9.340, Florida Rules of Appellate Procedure, the Clerk is directed to issue mandate with the release of this opinion. Accordingly, the joint motion for remand is DENIED.

Appellee’s counsel did not file a motion for attorney’s fees for services in connec*611tion with this appeal as authorized by section 440.34(5), Florida Statutes (1983). Had a timely motion been filed, a fee would have been granted under the statute, in accordance with prior rulings of this court. The failure of appellee’s counsel to assert and protect this claimant’s statutory rights to recoup such fees makes it inappropriate and improper for counsel to seek or require claimant to pay any fee on account of services on this appeal. Counsel for appellee shall deliver a copy of this opinion to his client.

THOMPSON, ZEHMER and BAR-FIELD, JJ., concur.

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