Amer Ali v. American Airlines and Sedgwick CMS
CourtDistrict Court of Appeal of Florida
Date FiledMarch 17, 2021
Docket1D20-0987
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-987
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AMER ALI,
Appellant,
v.
AMERICAN AIRLINES and
SEDGWICK CMS,
Appellees.
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On appeal from an order of the Judge of Compensation Claims.
Sylvia Medina-Shore, Judge.
Date of Accidents: February 25, 2011; August 24, 2014.
March 17, 2021
PER CURIAM.
Claimant filed three petitions for benefits, and the
Employer/Carrier quickly thereafter provided benefits. Claimant
then sought attorney’s fees and costs related to the PFBs, but the
Judge of Compensation Claims denied Claimant’s request. We
reverse the denial of costs.
The law mandates awards of costs to prevailing parties, and
Claimant is the prevailing party because the specific benefits
requested were provided only after Claimant filed the PFBs.
Attorney’s fees and costs incurred in obtaining an award of costs
may also be awarded. See § 440.34(3), Fla. Stat. (2011); Valle v.
Am. Airlines, 46 Fla. L. Weekly D44 (Fla. 1st DCA Dec. 30, 2020)
(reversing for award of costs, and any fees and costs related to
securing those costs, on nearly identical facts); Jennings v. Habana
Health Care Ctr., 183 So. 3d 1131, 1133–34 (Fla. 1st DCA 2015)
(defining prevailing party and affirming entitlement to costs). We
affirm the order as to the other issues raised on appeal without
comment.
AFFIRMED in part, REVERSED in part, and REMANDED for
further proceedings in accordance with this opinion.
LEWIS, BILBREY, and KELSEY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Toni L. Villaverde of Toni L. Villaverde, PLLC, Coral Gables, for
Appellant.
Michael A. Hernandez of Jones, Hurley & Hand, P.A., Miami, for
Appellees.
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