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NICHOLS v. INDUSTRIAL RELATIONS COM'N

Nos. DD-289, GG-297 and GG-365.

364 So.2d 734 (1978)

Shirlee Ann NICHOLS, Petitioner, v. INDUSTRIAL RELATIONS COMMISSION, Florida Department of Commerce, Division of Employment Security and American Greetings, Respondents. STATE of Florida DEPARTMENT OF COMMERCE, DIVISION OF EMPLOYMENT SECURITY, Petitioner, v. Angel PORRATA and Industrial Relations Commission, Respondents. STATE of Florida DEPARTMENT OF COMMERCE, DIVISION OF EMPLOYMENT SECURITY, Petitioner, v. Jose Huertas and Industrial Relations Commission, Respondents.

District Court of Appeal of Florida, First District.

Rehearing Denied December 20, 1978.

Attorney(s) appearing for the Case

Brian S. Duffy of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, John D. Rawls of Foerster & Hodge, Jacksonville, for petitioner in No. DD-289.

Alex D. Littlefield and Kenneth H. Hart, Jr., Tallahassee, for respondents in No. DD-289.

Kenneth H. Hart, Jr., and Alex D. Littlefield, Tallahassee, for petitioner in Nos. GG-297 and GG-365.

Joel V. Lumer of Heimberg & Lumer, Coral Gables, for respondents in Nos. GG-297 and GG-365.

MILLS, Judge.

Does Section 443.16(2), Florida Statutes (1977), authorize the Industrial Relations Commission to order the payment of fees to attorneys representing unemployment compensation claimants before the Commission from the employment security administration fund?

In the Nichols case, the Commission concluded it did not have authority. In the Porrata and Huertas cases, the Commission reached the opposite conclusion, holding it had...

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