In Adrian Herrera v. Consolidated Citrus Lp, Consolidated Citrus and American Zurich Insurance Company, Zurich American Insurance Company previously, the E/C secured an order assessing prevailing party costs against claimant. When claimant filed a new petition, the E/C sought to dismiss for failure to satisfy the cost order. The original motion to dismiss was withdrawn and a new motion refiled. Claimant argued that the dismissal of the original motion rendered him the prevailing party and thus he was entitled to attorney fees. The JCC observed that while that issue was a case of first impression, the hearing on the refiled motion was denied and thus claimant was entitled to fees as prevailing party. In review of the reasonable fee amount, the JCC found 12.5 hours were incurred by counsel in the pursuit of benefits and fee entitlement. At $350 per hour, the JCC AWARDED claimant’s attorney fees in the sum of $4,375.00.
