Florida District Courts of Appeal, 2012

Sapp v. Miami-Dade Police Department

Sapp v. Miami-Dade Police Department
Florida District Courts of Appeal · Decided October 19, 2012 · Clark, Thomas, Wolf
98 So. 3d 1273; 2012 WL 5076171; 2012 Fla. App. LEXIS 18150 (Southern Reporter, Third Series)

Sapp v. Miami-Dade Police Department

Opinion of the Court

THOMAS, J.

We reverse and remand for the Judge of Compensation Claims (JCC) to enter an order awarding Claimant employer-paid attorney’s fees in the amount of $45,990.00. See Sapp v. Miami-Dade Police Dep’t, 82 So.3d 212 (Fla. 1st DCA 2012) (Sapp I); Fla. Admin. Code R. 60Q-6.124(3)(b); cf. Smyth v. K-Mart Corp., 905 So.2d 921 (Fla. 1st DCA 2005). Under this court’s remand in Sapp I, once the JCC determined that no good cause existed to excuse the self-insured Employer’s failure to comply with Florida Administrative Code Rule 60Q-6.124(3)(b), the JCC had no discretion to reduce the attorney fee award here, as the legal sufficiency of Claimant’s fee petition was not at issue.

REVERSED and REMANDED.

WOLF and CLARK, JJ., concur.

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