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JAMES WOOD, Appellant, v. FLORIDA ROCK INDUSTRIES CRAWFORD CO., Appellee.

On Motion for Certification

HAWKES, J.

Pursuant to Florida Rule of Appellate Procedure 9.330(a), we grant Appellant's motion for certification and, pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), amend our previous opinion to include certification of the following question of great public importance:

DO THE AMENDED PROVISIONS OF SECTION 440.34(1), FLORIDA STATUTES (2003), CLEARLY AND UNAMBIGUOUSLY ESTABLISH THE PERCENTAGE FEE FORMULA PROVIDED THEREIN AS THE SOLE STANDARD FOR DETERMINING THE REASONABLENESS OF AN ATTORNEY'S FEE TO BE AWARDED A CLAIMANT?

All other pending motions are denied.

BARFIELD, J., CONCURS; WOLF, J., CONCURS WITH OPINION.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.

WOLF, J., Concurring.

I agree with the decision to certify. While I am concerned with several of the constitutional issues raised by the proposed amici, as noted by Judge Barfield's previous concurrence, these issues were not raised by appellant.

The record before us also does not provide factual support for a number of assertions made by amici. I, therefore, concur in the denial of the motions to appear filed by the amici.

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WOOD v. FLA. ROCK INDUS. CRAWFORD, 1D05-1551 (Fla.App. 1 Dist. 5-25-2006)
(May 25, 2006)