CASTELLANOS v. NEXT DOOR CO.

No. SC13-2082.

192 So.3d 431 (2016)

Marvin CASTELLANOS, Petitioner, v. NEXT DOOR COMPANY, et al., Respondents.

Supreme Court of Florida.

April 28, 2016.


Attorney(s) appearing for the Case

Richard Anthony Sicking , Mark Andrew Touby , and Richard Eric Chait of Touby, Chait & Sicking, PL, Coral Gables, FL; and Michael Jason Winer of the Law Office of Michael J. Winer, P.A., Tampa, FL, for Petitioner.

Raoul G. Cantero III , and David P. Draigh of White & Case LLP, Miami, FL, for Respondents.

Mark Lawrence Zientz of the Law Offices of Mark L. Zientz, P.A., Miami, FL, for Amicus Curiae Workers' Injury Law and Advocacy Group.

Richard W. Ervin, III of Fox & Loquasto, P.A., Tallahassee, FL, and Susan Whaley Fox of Fox & Loquasto, P.A., Orlando, FL, for Amicus Curiae Florida Justice Association.

Christopher John Smith , Tampa, FL, for Amicus Curiae Workers' Compensation Section of The Florida Bar.

William J. McCabe , Longwood, FL, for Amicus Curiae Voices, Inc.

Geoffrey Bichler of Bichler, Kelley, Oliver & Longo, PLLC, Maitland, FL, for Amici Curiae Florida Fraternal Order of Police, Florida Police Benevolent Association, and International Union of Police Associations.

Noah Scott Warman of Sugarman & Susskind, P.A., Coral Gables , FL, for Amicus Curiae Florida Professional Firefighters, Inc.

Kimberly Ann Hill of Kimberly A. Hill, P.L., Fort Lauderdale, FL, and Kenneth Brian Schwartz of Kenneth Schwartz, P.A., West Palm Beach, FL, for Amicus Curiae Florida Workers' Advocates.

Mark Kenneth Delegal and Matthew Harrison Mears of Holland & Knight LLP, and William Wells Large , Tallahassee, FL, for Amici Curiae Florida Justice Reform Institute and Florida Chamber of Commerce, Inc.

Rayford Huxford Taylor of Casey Gilson P.C., Atlanta, GA, for Amici Curiae Associated Industries of Florida, Inc., Associated Builders & Contractors, Florida Electric Cooperatives Association, Florida Retail Federation, Florida Roofing, Sheet Metal and Air Conditioning Contractors Association, Florida United Businesses Association, and Publix Supermarkets.

Amy Lyn Koltnow and Maria Elena Abate of Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb, P.A., Fort Lauderdale, FL, for Amici Curiae Property Casualty Insurers Association of America, Florida Insurance Council, American Insurance Association, and National Association of Mutual Insurance Companies.

Richard W. Ervin, III of Fox & Loquasto, P.A., Tallahassee, FL, and Charles Holden Leo of the Law Offices of Charles H. Leo, P.A., Orlando, FL, for Amicus Curiae Central Florida Trial Lawyers Association.

Louis Paul Pfeffer , Jupiter, FL, for Amicus Curiae National Employment Lawyers Association, Florida Chapter.


This case asks us to evaluate the constitutionality of the mandatory fee schedule in section 440.34, Florida Statutes (2009), which eliminates the requirement of a reasonable attorney's fee to the successful claimant. Considering that the right of a claimant to obtain a reasonable attorney's fee has been a critical feature of the workers...

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