TITO CACACE, SR., AND CONSTANCE CACACE, HIS WIFE, APPELLANTS,
v.
SUPERIOR PAVING, INC., APPELLEE
TITO CACACE, SR., AND CONSTANCE CACACE, HIS WIFE, APPELLANTS,
SUPERIOR PAVING, INC., APPELLEE
500 So. 2d 745
Florida District Court of Appeal, Second District (1987)
Positive Treatment
Cited by 1 case
Opinion of the Court
SCHEB, Acting Chief Judge.
We vacate that part of the final judgment awarding attorney’s fees to appellant since such fees were awarded without proper notice and hearing and without stipulation of the parties. Otherwise, we affirm the final judgment.
We remand without prejudice to appellee, as prevailing party in this litigation, to promptly file a motion to assess attorney’s fees in accordance with Section 713.29, Florida Statutes (1985). See NCN Electric, Inc. v. Leto, 498 So. 2d 1377 (Fla. 2d DCA 1986). Absent stipulation of the parties, any determination of fees must be in accordance with the requirements of Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985).
CAMPBELL and SCHOONOVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Staff v. Trafalgar Developers OF Fla., Inc., 518 So. 2d 981 (Fla. 2d DCA 1988)…s method is followed in many instances, we have repeatedly said that, absent stipulation or waiver, attorney’s fees cannot be assessed against an adverse party without notice and opportunity for a hearing. See, e.g., Cacace v. Superior Paving, Inc., 500 So. 2d 745 (Fla. 2d DCA 1987). Also, it is improper for a trial court to assess court costs without notice and opportunity for a hearing where, as here, the request for costs is presented after the conclusion of the trial. See Waite v. Hewitt, 451 So. 2d 528 (…
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- NCN Elec., Inc. v. Leto, 498 So. 2d 1377 (Fla. 2d DCA 1986)