ENRIQUE MAXIMO LANTIGUA, APPELLANT,
v.
MARIA LOPES, JORGE LOPES AND RENATO LOPES, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the final judgment and granted the appellees' motion for appellate attorney's fees.
[1] Appellate attorney's fees and costs may be granted pursuant to sections 768.79(1) and 59.46, Florida Statutes.
[2] A court may rely on prior, non-final judicial observations when those observations are applicable to the facts of a subsequent case.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe case involved an appeal from a final judgment. The appellees moved for appellate attorney's fees.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appellate Attorney'S Fees cases and more on FLexlaw
PER CURIAM.
We affirm the final judgment under review. With regard to the appellees’ motion for appellate attorney’s fees, pursuant to sections 768.79(1) and 59.46, Florida Statutes (1995), the fees sought are granted.
In the case of Metropolitan Dade County v. Cerezo, 21 Fla. L. Weekly D984, — So. 2d -[1996 WL 195022] (Fla. 3d DCA April 24, 1996), we considered this issue and wrote an opinion. That opinion never became final because the appeal was subsequently dismissed.1 Nonetheless, the observations made therein are totally applicable and appropriate to the facts of this case and are reproduced below, in relevant part:
We write only to address the appellee’s motion to tax attorney’s fees, pursuant to section 768.79, Florida Statutes (1989), and to note that we align ourselves with the First, Second, Fourth and Fifth District Courts of Appeal, and grant the appellee’s motion for appellate attorney’s fees and costs based on sections 768.79(1) and 59.46, Florida Statutes (1989). See Westfield Ins. Co. v. Mendolera, 647 So. 2d 223 (Fla. 2d DCA 1994); Mark C. Arnold Constr. Co. v. National Lumber Brokers, Inc., 642 So. 2d 576 (Fla. 1st DCA 1994); Schmidt v. Fortner, 629 So. 2d 1036, 1043 n. 10 (Fla. 4th DCA 1993); Williams v. Brochu, 578 So. 2d 491, 495 (Fla. 5th DCA 1991). Thus, we remand the cause to the trial court to determine the appropriate amount of the award and enter a judgment awarding fees to the appellee.
Cerezo, 21 Fla. L. Weekly at D984, — So. 2d at-.
Accordingly, we grant the appellees’ motion for appellate attorney’s fees and remand this cause for further proceedings consistent with this opinion.
Affirmed; attorney’s fees granted and remanded.
. The opinion in Cerezo never became final and has never been released for publication in the permanent law reports because after the opinion was issued, but before the time for rehearing expired and the mandate issued, the parties filed a joint stipulation of dismissal. This Court recognized the stipulation and dismissed the appeal. See Metropolitan Dade County v. Cerezo, 674 So. 2d 138 (Fla. 3d DCA 1996).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Motter Roofing, Inc. v. Leibowitz, 833 So. 2d 788 (Fla. 3d DCA 2002)…with the requirements of the statute. See Hartley v. Guetzloe, 712 So. 2d 817 (Fla. 5th DCA 1998). This Court, along with all district courts in Florida, has ruled that Section 768.79 also applies to fees incurred on appeal. See Lantigua v. Lopes, 696 So. 2d 532 (Fla. 3d DCA 1997); Mark C. Arnold Constr. Co. v. Nat’l Lumber Brokers, Inc., 642 So. 2d 576 (Fla. 1st DCA 1994); Westfield Ins. Co. v. Mendolera, 647 So. 2d 223 (Fla. 2d DCA 1994); Schmidt v. Fortner, 629 So. 2d 1036 (Fla. 4th DCA 1993); Williams v…
Authorities Cited
- Susanne Rae Schmidt v. Fortner, 629 So. 2d 1036 (Fla. 4th DCA 1993)
- Rondoe Marie Williams v. Jeannine O. Brochu, 578 So. 2d 491 (Fla. 5th DCA 1991)
- Mark C. Arnold Constr. Co. v. Nat'l Lumber Brokers, Inc., 642 So. 2d 576 (Fla. 1st DCA 1994)
- Westfield Ins. Co. v. Mendolera, 647 So. 2d 223 (Fla. 2d DCA 1994)