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COMBUSTION ENGINEERING, INC. v. COTE

No. BN-273.

505 So.2d 533 (1987)

COMBUSTION ENGINEERING, INC. and the Travelers Insurance Company, Appellants, v. Lionel COTE, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 4, 1987.

Attorney(s) appearing for the Case

Thomas H. McDonald, The Travelers Ins. Co., Orlando, for appellants.

J. Michael Matthews of Fisher & Matthews, Altamonte Springs, for appellee.

ERVIN, Judge.

The employer/carrier (e/c) appeals an order of the deputy commissioner (dc) awarding attorney's fees. Finding that the award was contingent in nature and that the contingency upon which the award was based did not occur, we vacate the order and remand the cause to the dc for further proceedings.

The e/c was held responsible for attorney's fees in the instant case pursuant to Section 440.34(3)(c), Florida...

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