FINANCIAL SERVICES, INC., A NEW JERSEY CORPORATION, APPELLANT,
v.
DIANE SHEEHAN, APPELLEE
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A real estate seller appealed a judgment awarding a prospective purchaser the return of her earnest money deposit after the purchase transaction failed. The court affirmed, holding that the buyer fully complied with her obligation to attempt to secure mortgage financing and was entitled to recover the deposit, and that the trial court properly awarded attorney's fees under the contract without additional justifications.
The trial court properly found that the purchaser fully complied with the contractual provision requiring her to attempt to secure mortgage financing and was entitled to recover her deposit when those efforts proved unsuccessful. The trial court also properly awarded attorney's fees under the contract based on a reasonable hourly rate and hours expended, and no additional findings were necessary to justify the rate exceeding the amount agreed between the purchaser and her attorney.
[1] A prospective purchaser is entitled to recover a deposit when good-faith efforts to secure mortgage financing, as required by contract, prove unsuccessful.
[2] A trial court may award attorney's fees under a contract based on a reasonable hourly rate multiplied by the number of hours expended, even if the rate exceeds that agree…
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Join FLexlaw to unlock all legal intelligence“the evidence supports the trial court's finding that the appellee had fully complied with the contractual provision that she attempt to secure mortgage financing and was thus entitled to recover the deposit when those efforts proved unsuccessful”
Establishes the court's holding on the deposit recovery issue
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Join FLexlaw to unlock all legal intelligenceFinancial Services, Inc. was the seller in a real estate transaction with Diane Sheehan as the prospective purchaser. The transaction failed, and Shee…
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SCHWARTZ, Chief Judge.
The seller in a failed real estate transaction appeals from a judgment entered after a non-jury trial awarding the prospective purchaser the return of her deposit. We reject both of the appellant’s points on appeal.
First, we hold that the evidence supports the trial court’s finding that the appellee had fully complied with the contractual provision that she attempt to secure mortgage financing and was thus entitled to recover the deposit when those efforts proved unsuccessful. Fieldstone v. Chung, 416 So. 2d 11 (Fla. 3d DCA 1982); see Burnett v. Brito, 478 So. 2d 845 (Fla. 3d DCA 1985); Ahl v. RSM Developers & Assocs. Ltd., 418 So. 2d 471 (Fla. 4th DCA 1982); Meyers v. Cunningham, 415 So. 2d 802 (Fla. 3d DCA 1982); Merritt v. Davis, 265 So. 2d 69 (Fla. 3d DCA 1972).
Second, the trial court properly awarded an attorney’s fee under the contract between the parties based upon a reasonable hourly rate multiplied by the number of hours expended, both of which were specified in the order, even though the rate was in excess of that agreed upon between the appellee and her attorney. Maserati Autos., Inc. v. Caplan, 522 So. 2d 993 (Fla. 3d DCA 1988); Ronlee, Inc. v. Arvida Corp., 515 So. 2d 372 (Fla. 4th DCA 1987); see Goldstein v. Richter, 538 So. 2d 473 (Fla. 4th DCA 1989); Brea v. Perez-Borroto, 529 So. 2d 824 (Fla. 3d DCA 1988).
Furthermore, contrary to the appellant’s contention that such a requirement is imposed by Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985), no additional findings to justify the fact that the rate exceeded the one fixed in the contract were necessary. This is true both because (a) Rowe does not even apply to a case, like this one, involving attorney’s fees imposed pursuant to a private contract, Shlachtman v. Mitrani, 508 So. 2d 494 (Fla. 3d DCA 1987), dismissed, 518 So. 2d 1278 (Fla.1987); Stabinski, Funt & De Oliveira, P.A. v. Alvarez, 490 So. 2d 159 (Fla. 3d DCA 1986), pet. for review denied, 500 So. 2d 545 (Fla.1986); contra Alston v. Sundeck Prods., Inc. 498 So. 2d 493 (Fla. 4th DCA 1986), and (b) there was no “enhancement” of the award above a reasonable fee within the meaning of Rowe, even assuming arguendo that it applied.
AFFIRMED.
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Askowitz v. Susan Feuer Interior Design, Inc., 563 So. 2d 752 (Fla. 3d DCA 1990)…e number of hours expended, as specified in the order, was properly awarded, even though it is more than the “40% of the recovery” amount agreed to by the parties as an alternative basis for fixing the fee amount. Financial Services Inc. v. Sheehan, 537 So. 2d 1111 (Fla. 3d DCA 1989). Affirmed in part, reversed in part and remanded. . In Erickson the plaintiff prevailed on both its original claim and the defendant’s counterclaim. That case does not answer, and this case does not present, a related question:…
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Quirch v. Coro, 842 So. 2d 184 (Fla. 3d DCA 2003)…e that the cases relied upon by appel-lees in support of the summary judgment, Torres v. K-Site 500 Assocs., 632 So. 2d 110 (Fla. 3d DCA 1994); Dennard v. Tri-Corp. Custom Homes, Inc., 583 So. 2d 811 (Fla. 2d DCA 1991); Fin. Servs., Inc. v. Sheehan, 537 So. 2d 1111 (Fla. 3d DCA 1989); Meyers v. Cunningham, 415 So. 2d 802 (Fla. 3d DCA 1982); Brown v. Matton, 406 So. 2d 1269 (Fla. 4th DCA 1981) are inappropriate as the judgments entered in these cases were not entered pursuant to a motion for summary judgment.…
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Jeannette E. Tavormina for Tropical Botanicals Corp. v. Timmeny, 586 So. 2d 1125 (Fla. 3d DCA 1991)…PER CURIAM. Affirmed. See Fixel Enters., Inc. v. Theis, 524 So. 2d 1015 (Fla.1988); Martin v. Brousseau, 564 So. 2d 240 (Fla. 4th DCA 1990); Financial Servs., Inc. v. Sheehan, 537 So. 2d 1111 (Fla. 3d DCA 1989); Ashoka Enters., Inc. v. Design Guild, Inc., 536 So. 2d 286 (Fla. 3d DCA 1988); Puder v. Revitz, 424 So. 2d 76 (Fla. 3d DCA 1982).…
Authorities Cited (14 total)
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Stabinski, Funt & DE Oliveira, P.A. v. LAW Offs. OF Frank H. Alvarez, 490 So. 2d 159 (Fla. 3d DCA 1986)
- Alston v. Sundeck Prods., Inc., 498 So. 2d 493 (Fla. 4th DCA 1986)
- Fieldstone v. Choi Chung and Sunny Chung, 416 So. 2d 11 (Fla. 3d DCA 1982)
- Merritt v. Davis, 265 So. 2d 69 (Fla. 3d DCA 1972)
- Maserati Automobiles Inc. & Alfieri Maserati v. Caplan, 522 So. 2d 993 (Fla. 3d DCA 1988)
- Meyers v. Cunningham, 415 So. 2d 802 (Fla. 3d DCA 1982)
- Burnett v. Brito, 478 So. 2d 845 (Fla. 3d DCA 1985)
- Shlachtman v. Mitrani, 508 So. 2d 494 (Fla. 3d DCA 1987)
- Ronlee, Inc. v. Arvida Corp., 515 So. 2d 372 (Fla. 4th DCA 1987)