EUGENE M. AND SYLVIA HAMILTON, HUSBAND AND WIFE, APPELLANTS,
v.
PALM CHEVROLET-OLDSMOBILE, INC., A FLORIDA CORPORATION, AND BERRY BRANNON, APPELLEES
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The court held that attorney's fees awarded to prevailing parties under the Florida Deceptive and Unfair Trade Practices Act must be limited to services rendered in defense of claims under that Act.
Appellants sued appellees for deceptive trade practices, and the jury found for appellees. The trial court awarded appellees attorney's fees, includin…
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SCHEB, Chief Judge.
Appellants sued appellees charging them with deceptive trade practices under Chapter 501, Part II, Florida Statutes (1977), the Florida Deceptive and Unfair Trade Practices Act. The jury returned a verdict for appellees. The trial court entered final judgment for appellees and awarded them $5,500 in attorney’s fees.
Appellants now contend that the court improperly included services of appellees’ attorneys in defending appellants’ claim of punitive damages. Under Section 501.2105 of the Act, appellees, as prevailing parties, were entitled to have the court assess fees in their favor. Attorneys for appellees, however, submitted an itemization which included services beyond the scope of proceedings under Chapter 501, Part II. It appears that the trial court included payment for these services in awarding fees. In doing so, it erred. Kittel v. Kittel, 210 So. 2d 1 (Fla.1967).
Accordingly, we vacate the order awarding attorneys’ fees, and direct the trial court to conduct a new hearing to determine a reasonable fee for appellees’ attorneys based on their services in defense of appellants’ claims under Chapter 501, Part II. Otherwise, we affirm the judgment of the trial court.
GRIMES and CAMPBELL, JJ., concur.
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LaFERNEY v. Scott Smith Oldsmobile, Inc., 410 So. 2d 534 (Fla. 5th DCA 1982)…s fee award could only be allowed on the “coverage” issue as opposed to the “liability” issue under section 627.-428, and reversed and remanded the award for failure to make that allocation. Similarly in Hamilton v. Palm Chevrolet-Olds-mobile, Inc., 388 So. 2d 638 (Fla.2d DCA 1980), the court reversed an attorney fee award under section 501.2105 because it included time spent on a punitive damage [*536] claim, which is outside the scope of Chapter 501. However, in this case, the testimony and the pleadings t…
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Heindel v. Southside Chrysler-Plymouth, Inc., 476 So. 2d 266 (Fla. 1st DCA 1985)…n unless the attorney’s services clearly were not related in any way to establishing or defending an alleged violation of chapter 501. In arguing for the necessity of apportionment, appellant relies upon Hamilton v. Palm Chevrolet-Oldsmobile, Inc., 388 So. 2d 638 (Fla. 2d DCA 1980), and LaFerney v. Scott Smith Oldsmobile, Inc., 410 So. 2d 534 (Fla. 5th DCA 1982). In Hamilton appellants sued appellees for violating chapter 501 and sought punitive damages. Final judgment was entered for appellees and they were…
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Trumbull Ins. Co. v. Wolentarski, 2 So. 3d 1050 (Fla. 3d DCA 2009)…work on non-compensable issues, and the trial court fails to allocate what is recoverable and what is not, the appellate courts will find an abuse of discretion and reverse the matter for a new hearing); Hamilton v. Palm Chevrolet-Oldsmobile, Inc., 388 So. 2d 638, 639 (Fla. 2d DCA 1980) (vacating award of fees and directing trial court to conduct new hearing to determine a reasonable fee for attorneys based on services for which fees were recoverable).…
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- Kittel v. Anne B. Kittel, 210 So. 2d 1 (Fla. 1967)