SEMINOLE COUNTY, APPELLANT,
v.
BOYLE INVESTMENT COMPANY, ETC., ET AL., APPELLEES
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DAUKSCH, Judge.
This is an appeal from attorney’s fees and costs awards in an eminent domain case.
We find no error in the method used and result obtained in setting the attorney’s fees, in this unique case.
We do find error in the award of expert witness fees for appellees’ experts who testified about the amount of fees to be awarded. State Farm Fire & Cas. Co. v. Palma, 629 So. 2d 830 (Fla.1993); Department of Transp., State of Florida v. Robbins & Robbins, Inc., 700 So. 2d 782 (Fla. 5th DCA 1997), cert. dismissed, 716 So. 2d 769, 23 Fla. L. Weekly S424 (Fla.1998). We reverse that award.
We also find error in requiring appellant to pay interest on the fees award between the date of the settlement determining entitlement of the fees until the date of the determination by the court of the amount of the fees. The delay time between those events is not attributable to appellant in this case. See also Hartleb v. State, Dep’t of Transp., 711 So. 2d 228 (Fla. 4th DCA 1998); State of Florida, Dep’t of Transp. v. Interstate Hotels Corp., 709 So. 2d 1387 (Fla. 3d DCA 1998). The award of interest is reversed. AFFIRMED IN PART; REVERSED IN PART; REMANDED.
GRIFFIN, C.J., and ANTOON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Seminole Cnty. v. Faye R. Chandrinos, 816 So. 2d 1241 (Fla. 5th DCA 2002)…mount of fees. State Farm Fire & Cas. Co. v. Palma, 629 So. 2d 830, 832-33 (Fla.1993).7 Accordingly, this court has held that the time spent litigating the amount of an attorney’s fee is not compen-sable. See, e.g. Seminole County v. Boyle Inv. Co., 719 So. 2d 1004 (Fla. 5th DCA 1998) (trial court erred by awarding expert witness fees for experts who testified about the amount of attorney’s fees to be awarded); Teeter v. Dep’t of Transp., 713 So. 2d 1090, 1092 (Fla. 5th DCA 1998) (attorneys were not entitled t…
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Seminole Cnty. v. Boyle Inv. Co., 724 So. 2d 645 (Fla. 5th DCA 1999)…ment Company (Boyle) filed a motion seeking an award of appellate attorney’s fees. We grant the motion and remand this matter so that the trial court can determine the appropriate amount of the award. In Seminole County v. Boyle Investment Company, 719 So. 2d 1004 (Fla. 5th DCA 1998), Seminole County appealed the trial court’s order awarding attorney’s fees in favor of Boyle. Seminole County contended that the trial court had erred in calculating the amount of the fees, awarding interest on the fee award, and…
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Fla. Dep't OF Agric. & Consumer Servs. & The Fla. Comm'r of Agric. v. Bogorff, 132 So. 3d 249 (Fla. 4th DCA 2013)…ompensable because the landowner had no interest in the amount of the fee, the benefit of which inures solely to its attorney. Id.; see also State Dep’t of Transp. v. Patel, 768 So. 2d 1173, 1175 (Fla. 2d DCA 2000); Seminole Cnty. v. Boyle Inv. Co., 719 So. 2d 1004, 1004 (Fla. 5th DCA 1998) (error to award expert fee for testifying regarding amount of fee). Section 73.091(1) supports this view, as it allows fees incurred “in defense of the proceeding.” Fees and costs incurred to obtain fees are not fees for d…
Authorities Cited
- State Farm Fire & Cas. Co. v. Palma, 629 So. 2d 830 (Fla. 1993)
- Dep't of Transp. v. Robbins & Robbins, Inc., 700 So. 2d 782 (Fla. 5th DCA 1997)
- Martin v. Dep't OF Transp., 716 So. 2d 769 (Fla. 1998)
- Hartleb v. State, 711 So. 2d 228 (Fla. 4th DCA 1998)
- State v. Interstate Hotels Corp., 709 So. 2d 1387 (Fla. 3d DCA 1998)