JOSEPH G. CASTRANOVA, ET UX., APPELLANTS,
v.
RONALD E. AUTH, ET AL., APPELLEES
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[*29] DAUKSCH, Judge.
We affirm the judgment in this case in all respects except the award of attorney’s fees. That award was not properly done in accordance with Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). The trial judge heard from two lawyers who gave opinions as to their estimate of the value of the attorney’s services and the judge entered an order making an award higher than the lowest and lower than the highest. That’s the way it was done in the old days. Now it must be done in accordance with Rowe, by having a complete evidentiary hearing and entering an order with specific findings. See also City of Orlando v. Kensington Ltd., 580 So. 2d 830 (Fla. 5th DCA 1991); Old Southern Life Ins. Co. v. Kirby, 563 So. 2d 706 (Fla. 5th DCA 1990); Devex v. Liberty Federal Savings & Loan Assoc., 551 So. 2d 606 (Fla. 5th DCA 1989); Travelers Indemnity Co. v. Duffy’s Uttle Tavern, 541 So. 2d 689 (Fla. 5th DCA 1989).
The judgment is affirmed; the order awarding attorney’s fees is vacated and this cause remanded for a rehearing and proper order. REVERSED and REMANDED.
GOSHORN, C.J., and SHARP, W., J., concur.
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Ragar v. Diona Bruno Ragar, 600 So. 2d 1203 (Fla. 5th DCA 1992)…costs. In my view, the failure to conduct a hearing, to take testimony on the contested issues and to make appropriate findings in accordance with Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985) was error. Castranova v. Auth, 590 So. 2d 28 (Fla. 5th DCA1991); Prom v. Prom, 589 So. 2d 1363 (Fla. 1st DCA1991); Gamba v. Gamba, 587 So. 2d 1162 (Fla. 4th DCA1991). Although the stipulation obviated the need to prove the amount of fees incurred, husband expressly reserved the issue of reason…
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Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- City OF Orlando v. Kensington, Ltd, 580 So. 2d 830 (Fla. 5th DCA 1991)
- Zawadski v. Palm Beach Cnty. Sch. Bd., 541 So. 2d 689 (Fla. 4th DCA 1989)
- The Travelers Indem. Co. v. Duffy's Little Tavern, Inc., 541 So. 2d 689 (Fla. 5th DCA 1989)
- OLD S. Life Ins. Co. v. Kirby, 563 So. 2d 706 (Fla. 5th DCA 1990)
- Devex, Inc. v. Liberty Fed. Sav. & Loan Ass'n, 551 So. 2d 606 (Fla. 5th DCA 1989)