ISAAC MENDELSON, KLARA MENDELSON, HIS WIFE, IRINA RAYTSIN, AND BORISLAVA RAYTSIN, APPELLANTS,
v.
OCEANIA CLUB, INC., APPELLEE
ISAAC MENDELSON, KLARA MENDELSON, HIS WIFE, IRINA RAYTSIN, AND BORISLAVA RAYTSIN, APPELLANTS,
OCEANIA CLUB, INC., APPELLEE
766 So. 2d 1079
Florida District Court of Appeal, Third District (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We find no merit in the substantive issues raised by Appellants. We do, however, agree with their position that the attorneys’ fee award in this case is unreasonable.
The amount in controversy in this case, including interest, was $6,927.39. The attorneys’ fee awarded was $6,216.48. In light of the fact that this foreclosure action was, for all practical purposes, unopposed, this award was excessive. At oral argument, counsel for Oceania Club, Inc. ad mitted that the substitution of counsel in the case may have resulted in duplicative billing. Accordingly, we reverse the award of attorneys’ fees and remand with directions to conduct a new hearing during which the trial court will specifically consider this issue.
Reversed.
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Roco Tobacco (USA), Inc. v. Fla. DIV. OF Alcoholic Beverages, 934 So. 2d 479 (Fla. 3d DCA 2004)…We affirm the final summary judgment in this case. It is apparent from the record that Roco did not seriously defend against the summary judgment motion below, except as necessary to deflect the threat of sanctions. Mendelson v. Oceania Club, Inc., 766 So. 2d 1079 (Fla. 3d DCA 2000) (where the underlying foreclosure action was unopposed below, only attorneys’ fees award was appealable). With respect to the awards of attorneys fees, which were sought under Fla. R. Civ. P. 1.380(b), we review these awards unde…