Mitch Vandergunst v. Florida Everblades and Tri-state Insurance Company of Minnesota

In Mitch Vangergunst v. Florida Everblades and Tri-State Insurance Company of Minnesota Claimant conceded the E/C was prevailing party and entitled to recover taxable costs but objected to $542.00 of the $1,517.75 of costs alleged. Notably, the claimant had not responded to the E/C motion and the JCC observed the objections were asserted only two hours before commencement of the motion hearing. The JCC concluded claimant’s failure to timely file a written response to the motion resulted in the allegations therein being accepted as tru and the eleventh-hour objections amounted to “trial by ambush”. Taxable costs ASSESSED against claimant in the sum of $1,517.75.

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