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FEMENELLA v. R.L. SCHREIBER FOOD, INC.

No. BM-384.

519 So.2d 1001 (1987)

John FEMENELLA, Appellant/Cross-Appellee, v. R.L. SCHREIBER FOOD, INC. and U.S. Fidelity & Guaranty Company, Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

Rehearing Denied March 2, 1988.

Attorney(s) appearing for the Case

Ronnie Klein Witlin of Witlin & Witlin, Miami, for appellant/cross-appellee.

Anthony J. Beisler, Ft. Lauderdale, for appellees/cross-appellants.

SHIVERS, Judge.

Appellee/cross-appellant R.L. Schreiber Food, Inc. and U.S. Fidelity and Guaranty Company, the employer/carrier, appeal from an order they allege is erroneous because it awarded attorney's fees without an explicit finding of bad faith. The issue on appeal is whether a deputy commissioner may award attorney's fees based on a claimant's economic loss without making a concurrent finding that the carrier acted in bad faith. We answer that question in the...

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