MICHAEL A. POLESSO, INC., ETC., ET AL., APPELLANTS,
v.
CHARLES WILLIAMS, JR., APPELLEE
MICHAEL A. POLESSO, INC., ETC., ET AL., APPELLANTS,
CHARLES WILLIAMS, JR., APPELLEE
582 So. 2d 96
Florida District Court of Appeal, Fifth District (1991)
Positive Treatment
Cited by 3 cases
Opinion of the Court
HARRIS, Judge.
We affirm the summary judgment of foreclosure but reverse the judgment for attorneys fees. We find that the judge erred in determining attorneys fees merely on contested, untimely affidavits.
AFFIRMED in part; REVERSED and REMANDED for reconsideration of attorney’s fees.
PETERSON and DIAMANTIS, JJ., concur.
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Wilson v. State, 584 So. 2d 147 (Fla. 2d DCA 1991)…otherwise. Smith contains the foregoing quotation from Jones and reversed a departure which, in contrast to the circumstances of this case, was only for “one successive criminal episode of no greater significance than the first.” Fountain v. State, 582 So. 2d 96 (Fla. 5th DCA 1991), is distinguishable. Fountain reversed a departure sentence imposed for sale or delivery of cocaine, possession of cocaine, and possession of drug paraphernalia, the departure having been based upon a persistent pattern of crimin…