GREGORY LAMAR NELSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Rakusin v. Christiansen & Jacknin, P.A., 863 So. 2d 442 (Fla. 4th DCA 2003)
  …timony as a ‘fees witness.’ ” Id. at 972. However, agreeable or not, the existing case law requires the presentation of corroborating testimony of the reasonableness of attorney’s fees. Appellee cites to Eve’s Garden, Inc. v. Upshaw & Upshaw, Inc., 801 So. 2d 976 (Fla. 2d DCA 2001), as standing for the proposition that an expert witness is not needed when the fee award is made as a sanction. That case confirms the necessity for such corroborating evidence. In Eve’s Garden, the second district found that a co…
• Palm Beach Polo Holdings, Inc. v. Stewart Title Guar. Co., 132 So. 3d 858 (Fla. 4th DCA 2014)
  …ime is generally not compensable, travel time may be awarded as part of a sanction under certain circumstances, such as where a party was aware that his actions could result in unnecessary litigation. See Eve’s Garden, Inc. v. Upshaw & Upshaw, Inc., 801 So. 2d 976, 979 (Fla. 2d DCA 2001). An award of fees under section 768.79, Florida Statutes, is a “sanction against a party who unreasonably rejects a settlement offer.” Attorneys’ Title Ins. Fund, Inc. v. Gorka, 36 So. 3d 646, 649 (Fla.2010). We therefore fin…
• Bank of N.Y. v. Obermeyer, 260 So. 3d 1155 (Fla. 3d DCA 2018)
  …nsel travel costs in addition to the usual costs and fees in these unusual circumstances. See Palm Beach Polo Holdings, Inc. v. Stewart Title Guar. Co., 132 So. 3d 858, 862 (Fla. 4th DCA 2014) (quoting Eve’s Garden, Inc. v. Upshaw & Upshaw, Inc., 801 So. 2d 976, 3 979 (Fla. 2d DCA 2001) (“Although travel time is generally not compensable, travel time may be awarded as part of a sanction under certain circumstances, such as where a party was aware that his actions could result in unnecessary litigati…

Authorities Cited

• Hall v. State, 773 So. 2d 99 (Fla. 1st DCA 2000)