DEAN WITTER & COMPANY, INC., APPELLANT/CROSS APPELLEE,
v.
LILLIAN POLISAR, MELVIN APPLE, MARION GRENALL, AND RICHARD J. VENEZIA, APPELLEES/CROSS APPELLANTS
DEAN WITTER & COMPANY, INC., APPELLANT/CROSS APPELLEE,
LILLIAN POLISAR, MELVIN APPLE, MARION GRENALL, AND RICHARD J. VENEZIA, APPELLEES/CROSS APPELLANTS
443 So. 2d 311
Florida District Court of Appeal, Fourth District (1983)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The final judgment is affirmed; however, we reverse the order on costs entered without an evidentiary hearing. Palm Beach Heights Development Corp. v. Armand Loden, 417 So. 2d 320 (Fla. 4th DCA 1982).
AFFIRMED IN PART; REVERSED IN PART and REMANDED for reconsideration of the matter of costs. HERSEY and DELL, JJ., concur. ANSTEAD, C.J., dissents without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mahmoud Ashourian v. Ashourian, 519 So. 2d 35 (Fla. 1st DCA 1987)…sband raises concerning costs, attorneys fees, and expert witness fees, have merit and reverse. The record reveals that the trial court entered an order to tax costs without an evidentiary hearing. This was error. See Dean Witter & Co. v. Polisar, 443 So. 2d 311 (Fla. 4th DCA 1984); H. Trawick, Trawick’s Florida Practice and Procedure, § 2512 (1985). It was also error for the trial court to award the wife attorneys fees absent expert testimony as to the reasonable value of services performed. Cott-man v. Co…
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Kuharsky v. Kuharsky, 582 So. 2d 78 (Fla. 4th DCA 1991)…ence in the record. On remand, the trial court is directed to hold an evidentiary hearing on entitlement as well as the amount of attorney’s fees to be awarded. Ashourian v. Ashourian, 519 So. 2d 35 (Fla. 1st DCA 1987); Dean Witter & Co. v. Polisar, 443 So. 2d 311 (Fla. 4th DCA 1984). AFFIRMED IN PART; REVERSED IN PART; REMANDED. DOWNEY, J., and FRANK, RICHARD H., Associate Judge, concur.…
Authorities Cited
- Accredited Sur. & Cas. Co., Inc. v. Leonhardt, 417 So. 2d 320 (Fla. 5th DCA 1982)
- Palm Beach Heights Dev. & Sales Corp. v. Armand Loden and Julie Loden, 417 So. 2d 320 (Fla. 4th DCA 1982)