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BIRD v. WEINHARDT

No. RR-7.

393 So.2d 4 (1980)

Carl Edward BIRD, Appellant, v. Barney WEINHARDT, Commercial Union Assurance Co., and Construction Southeast, Inc. and Aetna Casualty and Surety Company, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied October 31, 1980.

Attorney(s) appearing for the Case

Dale L. Gross, Fort Lauderdale, for appellant.

Robert M. Todd of Lyle & Skipper, P.A., for Barney Weinhardt and Commercial Union Assur. Co., appellees.

Ted R. Manry, III, and James C. Delesie of MacFarlane, Ferguson, Allison & Kelly, Tampa, for Construction Southeast and Aetna Cas. & Sur. Co., appellees.

ERVIN, Judge.

The appellant challenges the judge of industrial claims' order of June 27, 1979 denying compensation, and the judge's order of April 11, 1978 assessing costs against claimant for unreasonably withdrawing his claim. We affirm on all points raised, including the order assessing costs. As to the latter, the judge of industrial claims found that claimant, through his lawyer, acted unreasonably in withdrawing his claim, and that the effect of the withdrawal...

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