# Sumter County Board of County Commissioners v. Connell

> District Court of Appeal of Florida · January 8, 2004 · 863 So. 2d 448

URL: https://www.frixlaw.com/law-library/cases/7764029

## Case

- **Full name:** SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS and Preferred Governmental Claims Solutions, Appellants/Cross-Appellees v. Frederick CONNELL, Appellee/Cross-Appellant
- **Court:** District Court of Appeal of Florida
- **Decided:** January 8, 2004
- **Citations:** 863 So. 2d 448; 2004 Fla. App. LEXIS 58; 2004 WL 34508
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Hawkes, Lewis, Webster
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7764029

## Opinion text

PER CURIAM.
In this workers’ compensation case, the employer and servicing agent appeal, and the claimant cross-appeals, from an order awarding temporary partial disability ben *449 efits. Because only the issue of whether the claimant was entitled to permanent total disability benefits was framed by the pleadings and tried by the parties, we reverse the award of temporary partial disability benefits. See Florida Power Corp. v. Hamilton, 617 So.2d 333 (Fla. 1st DCA 1993). The employer and servicing agent also challenge what they claim was an award of attorney’s fees. However, as the claimant correctly points out, the order neither awards a fee nor states that the employer and servicing agent shall be liable for any fee. Accordingly, this issue is premature. Finally, because it appears that the claim for permanent total disability benefits was mature and ripe for determination, on remand we direct the judge of compensation claims to consider and rule on that claim.
REVERSED and REMANDED, with directions.
WEBSTER, LEWIS and HAWKES, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7764029. Public record. Not legal advice.