JERRY CHAPMAN, INC. v. IVEY

No. AV-176.

448 So.2d 11 (1984)

JERRY CHAPMAN, INC. and Security Insurance Company, Appellants, v. William IVEY and Division of Workers' Compensation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 18, 1984.


Attorney(s) appearing for the Case

Susan J. Silverman of Marlow, Shofi, Ortmayer, Smith, Connell & Valerius, Miami, for appellants.

Alfred D. Bieley, Miami, for appellees.


MILLS, Judge.

In this workers' compensation action, the employer/carrier appeal from a deputy commissioner's order awarding claimant's attorney a fee of $2,500. Because the deputy commissioner erred in denying the employer/carrier's motion to dismiss for failure to prosecute pursuant to Workers' Compensation Rule of Procedure 11(b), we reverse.

It is apparent from the record that no action contemplated by WCRP 11(b) took place on the claim for attorney's fees...

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