ARNOLD IRWIN MILLER, APPELLANT,
v.
SUZANNE MILLER, APPELLEE
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The court held that the lack of a hearing record prevents review of one issue, but the affidavit supports a credit for improper attorney's fees charges.
Appellant challenged an order awarding attorney's fees, arguing the judge improperly delegated order preparation and that fees included non-attorney t…
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PER CURIAM.
This is an appeal from an order awarding attorney’s fees to appellee from appellant. Appellant asserts that the trial judge improperly designated appellee’s attorney to prepare the order awarding fees without first explicitly making findings of facts. He also asserts that some attorney’s fees charges were for non-attorney tasks, such as delivery of documents, and were improperly included in the affidavit for fees by appellee’s lawyer. Because there is no record of the hearing in the record on appeal, we cannot determine the first issue. See Sutton v. Sutton, 705 So. 2d 1054 (Fla. 5th DCA 1998). The purported transcript attached as an appendix to appellee’s brief is not part of the record. See Altchiler v. Dept. of Professional Regulation, 442 So. 2d 349 (Fla. 1st DCA 1983).
As to the second, the affidavit itself is supportive so appellant is clearly due a credit for those charges. Should the parties not be able to agree regarding the proper credit to be given for the improper charges, then the trial judge should do so.
AFFIRMED in part; REVERSED in part; REMANDED.
DAUKSCH, SAWAYA and PLEUS, JJ., concur.
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Salim Kamau Latiif v. State, 787 So. 2d 834 (Fla. 2001)…hese circumstances, the remedy is not an automatic resentencing; instead, the State has the option on remand of proceeding to trial on the original charges or electing to have the defendant resentenced under the 1994 guidelines. See Parker v. State, 767 So. 2d 532 (Fla. 5th DCA 2000); see also Capio v. State, 765 So. 2d 853 (Fla. 5th DCA 2000) (holding that in a Heggs claim, if the State made any sort of concession in return for the plea, the State would have the option of withdrawing from the plea agreement…
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State v. Swett, 772 So. 2d 48 (Fla. 5th DCA 2000)…to drop or reduce a charge, the state is entitled to insist on adherence to the terms of the plea or in the alternative be accorded the opportunity to void the plea and take the defendant to trial on the original charges. See, e.g., Parker v. State, 767 So. 2d 532 (Fla. 5th DCA 2000)(on rehearing); Jolly v. State, 392 So. 2d 54 (Fla. 5th DCA 1981). In Parker, for instance, this court, in reversing the defendant’s sentence on a Heggs2 issue (unconstitutionality of 1995 amendments which increased inearcerative…
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Jenkins v. State, 771 So. 2d 37 (Fla. 4th DCA 2000)…denying rule 3.850 motion and providing, because sentence was result of negotiated plea, that state has option on remand of agreeing to sentence under 1994 guidelines or withdrawing from plea bargain and taking defendant to trial); Parker v. State, 767 So. 2d 532 (Fla. 5th DCA 2000) (reversing denial of postconviction motion and instructing trial court on remand to determine from the record whether the plea agreement contemplated the defendant’s receiving a guidelines sentence, and if it did to allow state o…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Altchiler v. State, 442 So. 2d 349 (Fla. 1st DCA 1983)
- Sutton v. Jann G. Sutton, 705 So. 2d 1054 (Fla. 5th DCA 1998)