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CORPORATE SERVICE, INC. v. JUSTUS

No. 94-537.

648 So.2d 844 (1995)

CORPORATE SERVICE, INC. and Walmart Stores, Inc., Appellants, v. Lisa H. JUSTUS, Appellee.

District Court of Appeal of Florida, First District.

January 17, 1995.

Attorney(s) appearing for the Case

William H. Rogner of Hurley & Rogner, P.A., Orlando, for appellants.

Mary Bland Love and John H. McCorvey, Jr. of Gobelman and Love, Jacksonville, for appellee.

ALLEN, Judge.

The employer/servicing agent appeal a workers' compensation order by which the claimant was awarded an attorney's fee under section 440.34(3)(b), Florida Statutes (1989). We conclude that in applying the section 440.34(1), Florida Statutes (1989) criteria as to the amount of the fee, the judge erred by failing to limit the application of those factors to the benefits which were untimely under section 440.34(3)(b). The statutory criteria should not be...

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