Mark Valle v. American Airlines and Sedgwick

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D19-4201 _____________________________ MARK VALLE, Appellant, v. AMERICAN AIRLINES and SEDGWICK, Appellees. _____________________________ On appeal from an order of the Judge of Compensation Claims. Margret G. Kerr, Judge. Date of Accident: July 29, 2011. December 30, 2020 PER CURIAM. Claimant Mark Valle appeals an order of the Judge of Compensation Claims denying entitlement to Employer/Carrier- paid attorney’s fees and costs. We reverse on the issue of entitlement to costs, and to any associated attorney’s fees and costs incurred in establishing that entitlement. Costs awards to prevailing parties are mandatory, and Claimant is the prevailing party because the benefit was not provided before the Employer/Carrier received the petition for benefits. See § 440.34(3), Fla. Stat. (2011); Jennings v. Habana Health Care Ctr., 183 So. 3d 1131, 1133–34 (Fla. 1st DCA 2015). 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. ROWE, WINOKUR, and NORDBY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Toni L. Villaverde of Toni L. Villaverde, PLLC, Coral Gables, for Appellant. Michael A. Hernandez of Jones, Hurley & Hand, P.A., Miami, for Appellees. 2