A-1 MERCHANDISING CORPORATION, AND NATIONAL UNION INSURANCE COMPANIES, PETITIONERS, CROSS-RESPONDENTS, v. THAIS TANKERSLEY AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS, CROSS-PETITIONER.

No. 34996.Supreme Court of Florida.
June 22, 1966. Rehearing Granted November 9, 1966.

Writ of Certiorari to Florida Industrial Commission.

Kates Ress, North Miami, for petitioners, cross-respondents.

C.J. Budzinski, Miami, for Thais Tankersley, respondent, cross-petitioner.

Patrick H. Mears, Tallahassee, and J. Franklin Garner, Lakeland, for Florida Industrial Commission, respondent.

PER CURIAM.

By petition and cross-petition for a writ of certiorari we have for review an order of the Florida Industrial Commission bearing date November 22, 1965.

We find that oral argument would serve no useful purpose and it is therefore dispensed with pursuant to Florida Appellate Rule 3.10, subd. e, 31 F.S.A.

Our consideration of the petition and cross-petition, the record and briefs leads us to conclude that there has been no deviation from the essential requirements of law.

The petition and cross-petition are therefore denied.

The petition for allowance of attorney’s fees is hereby granted in the amount of $250.00.

THORNAL, C.J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ., concur.

REHEARING GRANTED
PER CURIAM.

On rehearing granted ex mero motu we hold the Commission’s order in error wherein it found there were no medical benefits until after the claim was filed and remanded to the deputy for determination of a reasonable attorney’s fee. The record discloses, and the parties agree, medical benefits were had prior to the filing of the claim. It follows, therefore:

That portion of the Commission’s order which vacated the deputy’s order denying attorney’s fees and remanded for the determination of a reasonable fee is quashed.

Our consideration of the petition, cross petition, record and briefs has disclosed no deviation from the essential requirements of law other than as above indicated.

The petition for writ of certiorari is granted and the order of the Full Commission

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is quashed in part and affirmed in part. The cross petition is denied. The petition for attorney’s fee is denied.

It is so ordered.

THORNAL, C.J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ., concur.