LINDA JOYCE EARNEST, N/K/A LINDA CASTILLO, APPELLANT,
v.
SOUTHEASTERN FIDELITY INSURANCE COMPANY, APPELLEE

Fla. 3d DCA | 1982-12-07
No. 82-1864
Before SCHWARTZ, DANIEL S. PEARSON and JORGENSON, JJ.
422 So. 2d 1092 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 7 cases
Topics
Evidentiary Support Expert Testimony Attorney'S Fees Abuse Of Discretion

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Opinion of the Court
SCHWARTZ, Judge.

SCHWARTZ, Judge.

This case makes its fourth appearance before us.1 The last time, Earnest v. Southeastern Fidelity Ins. Co., 407 So. 2d 995 (Fla. 3d DCA 1981), it was remanded for the assessment of fees to be granted the insured’s attorney. After a hearing at which the only expert testimony was that an appropriate award was between $10,000 and $12,000, the trial judge set the fee at $4,000. Ms. Earnest complains that the amount is inadequate. We agree and again reverse on the ground that the order is unsupported by the record and therefore constitutes a clear abuse of discretion. Biscayne Roofing Co. v. Palmetto Fairway Condominium Ass’n, Inc., 418 So. 2d 1109 (Fla. 3d DCA 1982); March v. March, 395 So. 2d 200 (Fla. 3d DCA 1981); Machion Terrazzo, Inc. v. Altman, 372 So. 2d 512 (Fla. 3d DCA 1979). After remand, the trial court may set the fee on the basis of the previous hearing or, in its discretion, take additional testimony.

. Southeastern Fidelity Ins. Co. v. Earnest, 378 So. 2d 787 (Fla. 3d DCA 1979); Southeastern Fidelity Ins. Co. v. Earnest, 395 So. 2d 230 (Fla. 3d DCA 1981); Earnest v. Southeastern Fidelity Ins. Co., 407 So. 2d 995 (Fla. 3d DCA 1981).

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  • Moore v. Deanne Schapell Gillett and John Gillett, 96 So. 3d 933 (Fla. 2d DCA 2012)
    …gmt. of Fla., Inc., 426 So. 2d 1011, 1013 (Fla. 2d DCA 1983). Hence, a ruling that is unsupported by the record constitutes a clear abuse of discretion. See Dobbins v. Dobbins, 584 So. 2d 1113, 1116 (Fla. 1st DCA 1991); Earnest v. Se. Fid. Ins. Co., 422 So. 2d 1092, 1093 (Fla. 3d DCA 1982). Accordingly, where a trial court’s finding of cumulative error is the basis for the alleged misconduct of defense counsel, and that finding is unsupported by the record, the reviewing court must reverse an order granting a…
  • Larsen v. Larsen, 429 So. 2d 725 (Fla. 3d DCA 1983)
    …e approximately $2 million in value. Based on a settled line of authority, we think the trial court abused its discretion in setting an inadequate amount of attorney’s fees for Mr. Kayser in this case. Earnest v. Southeastern Fidelity Insurance Co., 422 So. 2d 1092 (Fla. 3d DCA 1982); Biscayne Roofing Co. v. Palmetto Fairway Condominium Ass’n., 418 So. 2d 1109 (Fla. 3d DCA 1982); March v. March, 395 So. 2d 200 (Fla. 3d DCA 1981); Marchion Terrazzo, Inc. v. Altman, 372 So. 2d 512 (Fla. 3d DCA 1979). On remand,…
  • CFI Sales & Mktg., Ltd. v. Hotel Mgmt. Servs., Inc., 801 So. 2d 1026 (Fla. 5th DCA 2001)
    …rting the award of a higher amount. See, Larsen v. Larsen, 429 So. 2d 725, 726 (Fla. 3d DCA 1983); Biscayne Roofing Co. v. Palmetto Fairway Condominium Ass’n, Inc., 418 So. 2d 1109, 1110 (Fla. 3d DCA 1982); Earnest v. Southeastern Fidelity Ins. Co., 422 So. 2d 1092, 1093 (Fla. 3d DCA 1982); March v. March, 395 So. 2d 200, 201 (Fla. 3d DCA 1981); Marchion Terrazzo, Inc. v. Altman, 372 So. 2d 512, 514 (Fla. 3d DCA 1979); Cowart v. Gilson, 271 So. 2d 821, 822 (Fla. 1st DCA 1973). Appellate courts have been parti…

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