ROBERT F. VENEMA AND BONNIE J. VENEMA, HIS WIFE, APPELLANTS,
v.
HUBERT D. TOST AND MARILYN N. TOST, HIS WIFE, INDIVIDUALLY, AND THE SANTIAGO CORP., APPELLEES

Fla. 3d DCA | 1983-01-18
No. 82-821
Before BARKDULL, NESBITT and JORGENSON, JJ.
426 So. 2d 1028 Florida District Court of Appeal, Third District (1983) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

During pendency of Venema v. Tost, 424 So. 2d 786 (Fla. 3d DCA 1982), the trial court, without a relinquishment of jurisdiction, entered an order granting attorneys fees to the prevailing party. This order is the subject of the instant appeal and it is hereby reversed because the underlying final judgment entered for specific performance was reversed in the earlier matter. Reversed.


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  • Auto-Owners Ins. Co. v. Hooks, 463 So. 2d 468 (Fla. 1st DCA 1985)
    …e trial court. Since we have reversed the punitive damage award, the fees awarded to Hooks’ attorney must be-reversed and remanded for rehearing and award of a fee that does not take into account the erroneous punitive damages award. Venema v. Tost, 426 So. 2d 1028 (Fla. 3d DCA 1983). Regarding the attorney’s fees awarded Var Heyl, while we find that it was not error to award fees, the amount actually awarded had an improper basis. As to the propriety of any award to Var Heyl, we believe recovery is here sanc…

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