WOODRUFF & SONS, INC., A FOREIGN CORPORATION, AND ST. PAUL FIRE AND MARINE INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANTS/CROSS-APPELLEES,
v.
PARY, INC., A FLORIDA CORPORATION, APPELLEE/CROSS-APPELLANT

Fla. 2d DCA | 1989-05-26
No. 88-02574
RYDER, A.C.J., and HALL, JJ., concur.
543 So. 2d 467 Florida District Court of Appeal, Second District (1989) Positive Treatment
Cited by 8 cases


Opinion of the Court
DANAHY, Judge.

DANAHY, Judge.

The appellants challenge the amount of attorneys’ fees awarded to the appellee in a final judgment awarding attorneys' fees, costs and prejudgment interest; by cross-appeal the appellee challenges the failure of the trial judge to allow as costs the fee of the appellee’s expert witness representing time expended in preparation for trial.

Although we do not conclude that the record establishes reversible error in the amount of the fees awarded, the trial judge failed to include in the judgment specific findings as to hourly rate, the number of hours reasonably expended, and the appropriateness of reduction or enhancement factors as required by Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985).

However, it does appear from the record that the trial judge did consider the factors which are required to be considered in the fixing of reasonable attorneys’ fees. Therefore, we reverse and remand only for the entry of an amended judgment containing the findings required by Rowe. See De Loach v. Westman, 506 So. 2d 1142 (Fla. 2d DCA 1987).

We find no merit in the cross-appeal and affirm as to that issue.

RYDER, A.C.J., and HALL, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Haas v. Haas, 552 So. 2d 221 (Fla. 2d DCA 1989)
    …ily assets and financial obligations, it is perhaps ironic that specific findings are always required concerning the attorneys’ award of fees. Fla. Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985); Woodruff & Sons, Inc. v. Pary, Inc., 543 So. 2d 467 (Fla. 2d DCA 1989); Maas v. Maas, 541 So. 2d 160 (Fla. 2d DCA 1989). In this case, those findings were not made. On remand, [*225] the trial court should determine whether it is financially appropriate to require the husband to pay all or part of th…
  • Graham M. Schorb v. Schorb, 547 So. 2d 985 (Fla. 2d DCA 1989)
    …husband to pay the wife’s attorneys’ fees. On remand, however, the trial court must enter an amended order containing the findings required by Fla. Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985); Woodruff & Sons, Inc. v. Pary, Inc., 543 So. 2d 467 (Fla. 2d DCA 1989); Maas v. Maas, 541 So. 2d 160 (Fla. 2d DCA 1989). LEHAN, A.C.J., and PARKER, J., concur. . Had Mr. Schorb wished to challenge his imprisonment, it would have been necessary for him to file a petition for habeas corpus in the low…
  • Fernandez v. Bayless, 558 So. 2d 1052 (Fla. 2d DCA 1990)
    …dings as to hourly rate and the number of hours reasonably expended as required by Rowe. We affirm the final judgment, but remand for the entry of an amended order containing the findings required by Rowe. See Woodruff & Sons, Inc. v. Pary, Inc., 543 So. 2d 467 (Fla. 2d DCA 1989). HALL and ALTENBERND, JJ., concur.…

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