MURRAY v. MARINER HEALTH

No. SC07-244.

994 So.2d 1051 (2008)

Emma MURRAY, Petitioner, v. MARINER HEALTH and ACE USA, Respondents.

Supreme Court of Florida.

October 23, 2008.


Attorney(s) appearing for the Case

Richard A. Sicking, Coral Gables, FL, Brian O. Sutter, Port Charlotte, FL, and Bill McCabe of Shepherd, McCabe and Cooley, Longwood, FL, for Petitioner.

Cheryl L. Wilke of Hinshaw and Culbertson, LLP, Fort Lauderdale, FL, and John R. Darin, II of Znosko and Reas, Longwood, FL, for Respondent.

L. Barry Keyfetz, Miami, FL, on behalf of the Florida Justice Association; Barbara B. Wagner of Wagenheim and Wagner, P.A., Fort Lauderdale, FL, on behalf of Florida Workers' Advocates; Richard A. Sicking, Coral Gables, FL, on behalf of Florida Professional Firefighters, Inc. and International Association of Firefighters, AFL-CIO; Susan W. Fox of Fox and Loquasto, P.A., Tampa, FL, and Richard W. Ervin, III and Wendy S. Loquasto of Fox and Loquasto, P.A., Tallahassee, FL, on behalf of Voices, Inc.; Todd J. Sanders and Geoffrey Bichler of Bichler and Kelley, P.A., Winter Park, FL, on behalf of Florida Police Benevolent Association; Roy D. Wasson of Wasson and Associates, Chartered, Miami, FL, on behalf of David Singleton; George D. Gabel, Jr. and Carol M. Folsom of Holland and Knight, Jacksonville, FL, on behalf of Florida Hospitality Mutual Insurance Company; George N. Meros, Jr. and Andy V. Bardos of Gray Robinson, P.A., Tallahassee, FL, on behalf of Florida Justice Reform Institute, Florida A.G.C. Council, Inc., Associated Builders and Contractors of Florida, Inc., the Florida Retail Federation, the National Federation of Independent Business Legal Foundation, Florida Transportation Builders Association, Inc., the Chamber of Commerce of the United States of America, and the Florida Chamber of Commerce; William H. Rogner of Hurley, Rogner, Miller, Cox, Waranch, and Westcott, P.A., Winter Park, FL, on behalf of Zenith Insurance Company; Scott B. Miller of Hurley, Rogner, Miller, Cox, Waranch, and Westcott, P.A., Winter Park, FL, on behalf of Florida Association of Self Insurance (FASI); Marcia K. Lippincott of Marcia K. Lippincott, P.A., Lake Mary, FL, on behalf of Seminole County School Board and Preferred Governmental Claims Solutions, Inc.; Rayford H. Taylor of Stiles, Taylor and Grace, P.A., Atlanta, GA, Tamela Perdue of Stiles, Taylor and Grace, P.A., Tallahassee, FL, on behalf of Associated Industries of Florida, Inc., and Rayford H. Taylor of Stiles, Taylor and Grace, P.A., Atlanta, GA, Mary Ann Stiles of Stiles, Taylor and Grace, P.A., Tampa, FL, and Thomas A. Koval, Sarasota, FL, on behalf of Florida Insurance Council; and Mark L. Zientz of Mark L. Zientz, P.A., Miami, FL, on behalf of NPAC Worker's Compensation Section of The Florida Bar, as Amici Curiae.


WELLS, J.

In this case petitioner Emma Murray, the claimant in a workers' compensation case, challenges the constitutionality of the statute governing attorney fees in such cases, section 440.34, Florida Statutes (2003). In Murray v. Mariners Health/ACE USA, 946 So.2d 38, 39 (Fla. 1st DCA 2006), the First District Court of Appeal expressly held that the statute as significantly amended in 2003 is constitutional. The district...

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