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SMYTH v. K-MART CORP.

No. 1D04-1362.

905 So.2d 921 (2005)

Rhonda L. SMYTH, Appellant, v. K-MART CORPORATION, and Cambridge Integrated Services, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 6, 2005.

Attorney(s) appearing for the Case

Keith A. Mann, of Mann Legal Group, Sarasota, for Appellant.

Cindy R. Galen, of Eraclides, Johns, Hall, Gelman, Eikner & Johannessen, L.L.P., Sarasota, for Appellees.

BARFIELD, J.

With the exception of the finding regarding the fee rate customarily charged in the locality for similar services, competent substantial evidence supports the factual findings in the appealed order awarding attorney fees to the claimant's counsel. In response to the verified petition and affidavit in which the claimant's counsel stated that the customary fee rate was $250 per hour for similar services, the employer/carrier presented no evidence, only...

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