CITY OF EVERGLADES, PETITIONER,
v.
MARTIN J. BOWEN, RESPONDENT
CITY OF EVERGLADES, PETITIONER,
MARTIN J. BOWEN, RESPONDENT
491 So. 2d 1230
Florida District Court of Appeal, Second District (1986)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We treat the appeal filed in this case as a petition for writ of certiorari. City of Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla.1982).
We find no departure from the essential requirements of law in the circuit court’s order invalidating an annexation by the City of Everglades and, accordingly, deny the petition for writ of certiorari.
SCHOONOVER, A.C.J., and FRANK and HALL, JJ., concur.
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Asian Imports, Inc. v. Pepe, 633 So. 2d 551 (Fla. 1st DCA 1994)…he court erred in awarding plaintiff attorney’s fees without notice to the defendants of the hearing on that issue. Florida courts have held that an item of damages for “reasonable attorney’s fees” is not liquidated damages. Bowman; Scott v. Revels, 491 So. 2d 1230 (Fla. 2d DCA 1986). Accordingly, we affirm the trial court’s ruling denying the defendants’ motion to vacate the final judgment, except as to the provision for attorney fees, on which issue we reverse and remand for a hearing on the amount to be awa…
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Roggemann v. Boston Safe Deposit & Tr. Co., 670 So. 2d 1073 (Fla. 4th DCA 1996)…orney’s fee” is an unliquidated item of damages because testimony must be taken to ascertain facts upon which a judge or jury can base a value judgment. Bowman v. Kingsland Development, Inc., 432 So. 2d 660, 663 (Fla. 5th DCA 1983); Scott v. Revels, 491 So. 2d 1230 (Fla. 2d DCA 1986); see Parker v. Dekle, 35 So. 4, 5 (Fla.1903). A trial is necessary to establish unliquidated damages. Lauxmont Farms, Inc. v. Flavin, 514 So. 2d 1133 (Fla. 5th DCA 1987). In this case, Boston Safe’s attorneys secured time on the…
Authorities Cited
- City OF Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982)