Opinion
No. 33519.
February 17, 1965. Rehearing Denied April 12, 1965.
Petition for review from the Florida Industrial Commission.
Fowler, White, Gillen, Humkey Tre nam and James E. Thompson, Tampa, for petitioners and cross-respondents.
James T. Earle, Masterson, Lloyd Rogers, St. Petersburg, E.O. Palermo, Shackleford, Farrior, Stallings, Glos Evans, Tampa, for respondents and cross-petitioners.
Patrick H. Mears, Tallahassee, and J. Franklin Garner, Lakeland, for Florida Industrial Commission.
By petition and cross-petition for writ of certiorari we have for review an order of the Florida Industrial Commission bearing date April 15, 1964.
We have concluded after argument and a consideration of the petition, record and briefs that the Full Commission erred in neglecting to direct that the petition for modification be dismissed and in failing to reverse the award of the attorney's fee which the deputy assessed against Standard Accident Insurance Company. In all other respects the order of the Full Commission conforms with the essential requirements of law.
Therefore, the petition for writ of certiorari is granted, the cross-petition is denied and the cause is remanded for further proceedings consistent herewith.
It is so ordered.
DREW, C.J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ., concur.