A-1 Merchandising Corp. v. Tankersley

Supreme Court of Florida
A-1 Merchandising Corp. v. Tankersley, 191 So. 2d 554 (Fla. 1966)
1966 Fla. LEXIS 3032
Caldwell, Ervin, Roberts, Thomas, Thornal

A-1 Merchandising Corp. v. Tankersley

Opinion of the Court

PER CURIAM.

By petition and cross-petition for a writ of certiorari we have for review an order of the Florida Industrial Commission bearing date November 22, 1965.

We find that oral argument would serve no useful purpose and it is therefore dispensed with pursuant to Florida Appellate Rule 3.10, subd. e, 31 F.S.A.

Our consideration of the petition and cross-petition, the record and briefs leads us to conclude that there has been no deviation from the essential requirements of law.

The petition and cross-petition are therefore denied.

The petition for allowance of attorney’s fees is hereby granted in the amount of $250.00.

THORNAL, C. J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ., concur.

070rehearing

REHEARING GRANTED

PER CURIAM.

On rehearing .granted ex mero motu we hold the Commission’s order in error wherein it found there were no medical benefits until after the claim was filed and remanded to the deputy for determination of a reasonable attorney’s fee. The record discloses, and the parties agree, medical benefits were had prior to the filing of the claim. It follows, therefore:

That portion of the Commission’s order which vacated the deputy’s order denying attorney’s fees and remanded for the determination of a reasonable fee is quashed.

Our consideration of the petition, cross petition, record and briefs has disclosed no deviation from the essential requirements of law other than as above indicated.

The petition for writ of certiorari is granted and the order of the Full Commis*555sion is quashed in part and affirmed in part. The cross petition is denied. The petition for attorney’s fee is denied.

It is so ordered.

THORNAL, C. J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ., concur.

Reference

Full Case Name
A-1 MERCHANDISING CORPORATION, and National Union Insurance Companies v. Thais TANKERSLEY and Florida Industrial Commission
Status
Published