DELORES JONES, APPELLANT,
v.
ASSOCIATES FINANCE INC. AND ROBERT LOYD JONES, APPELLEES
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The court held that the trial court erred by failing to make specific findings required by Florida Patient's Compensation Fund v. Rowe when awarding attorney's fees.
The plaintiff obtained a summary judgment of foreclosure. The trial court awarded attorney's fees without making specific findings required by Rowe.…
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NIMMONS, Judge.
This is an appeal from a summary judgment of foreclosure entered in favor of the appellee/plaintiff below. The only meritorious issue raised on this appeal concerns the trial court’s award of attorney’s fees. The full extent of the final judgment’s treatment of the attorney’s fee award is set forth as follows:
There is hereby allowed the sum of $800 to be paid to plaintiff’s attorney of record for his services relative to the prosecution of this suit, which sum is hereby found to be a reasonable fee.
The Supreme Court’s decision in Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985) requires the trial court to make specific findings of fact as to the reasonable number of hours expended, the normal hourly rate, and the appropriateness of increasing or decreasing the lodestar. The requirements of Rowe are mandatory and the failure to make the requisite findings constitutes reversible error. Barton v. McGovern, 504 So. 2d 457 (Fla. 1st DCA 1987); Manuel v. Manuel, 498 So. 2d 1369 (Fla. 1st DCA 1986).
The final judgment is reversed only with respect to the award of attorney’s fees; otherwise the judgment is affirmed. The cause is remanded for the entry of an amended final judgment after appropriate proceedings to determine a reasonable attorney’s fee.
SMITH and ALLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Loper v. Allstate Ins. Co., 616 So. 2d 1055 (Fla. 1st DCA 1993)…ours expended, the normal hourly rate, and the appropriateness of increasing or decreasing this lodestar. These requirements are mandatory and the failure to make the requisite findings constitutes reversible error. Jones v. Associates Finance Inc., 565 So. 2d 394 (Fla. 1st DCA 1990). In this case, Loper submitted an attorney's affidavit which expressed the opinion that it was unlikely that Loper would be successful in the prosecution of the case, and, therefore, under Standard Guaranty Ins. Co. v. Quanstrom…
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Cheung v. Executive China Doral, Inc., 638 So. 2d 82 (Fla. 3d DCA 1994)…ount of $3,000.” . Our holding specifically applies only to appellate fees under subpart (2)(b) of the statute. . We reject the argument that any deficiencies in the Commission's orders constitute harmless error. See Jones v. Associates Fin. Inc., 565 So. 2d 394, 394 (Fla. 1st DCA 1990) ("The requirements of Rowe are mandatory and the failure to make the requisite findings constitutes reversible error.”). .While these three claimants asked for a multiplier before the Commission, they specifically did not r…
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Wanda and Eric Teat v. City OF Apalachicola, 880 So. 2d 819 (Fla. 1st DCA 2004)…be reversed for further proceedings if a court fails to set forth the specific findings required by Rowe “[e]ven when there is competent, substantial evidence in the record to support a court’s award of attorney’s fees”); Jones v. Assocs. Fin. Inc., 565 So. 2d 394, 394 (Fla. 1st DCA 1990) (holding that the supreme court’s opinion in Rowe requires the trial court to make specific findings of fact as to the reasonable number of hours expended, the normal hourly rate, and the appropriateness of increasing or dec…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Manuel v. Manuel, 498 So. 2d 1369 (Fla. 1st DCA 1986)
- Barton v. McGOVERN, 504 So. 2d 457 (Fla. 1st DCA 1987)