WILLIAM D. BAYER AND ANGELA E. TURRA, HUSBAND AND WIFE, APPELLANTS,
v.
GLOBAL RENAISSANCE ARTS, INC., A FLORIDA DISSOLVED CORPORATION, AND RICHARD R. RIVERIN, INDIVIDUALLY, APPELLEES
WHATLEY, Judge.
We reverse the supplemental final judgment awarding the Appellants attorney’s fees because it fails to set forth findings explaining how the trial court arrived at the amount of fees it awarded the Appellants as required by Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). See Guardianship of Halpert v. Rosenbloom, 698 So. 2d 938 (Fla. 4th DCA 1997) (noting that Rowe findings are mandatory). The Appellants’ failure to include a transcript of the fee hearing in the record on appeal does not preclude this court’s review of the supplemental final judgment because the error is apparent from the face of said judgment. Id. at 939 (citing Giltex Corp. v. Diehl, 583 So. 2d 734 (Fla. 1st DCA 1991)).
Accordingly, we reverse and remand for further proceedings.
Reversed and remanded.
COVINGTON and KELLY, JJ., Concur.
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Esaw v. Esaw, 965 So. 2d 1261 (Fla. 2d DCA 2007)…ation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). This court has followed the reasoning of Giltex. See Baratta v. Valley Oak Homeowners’ Ass’n at the Vineyards, Inc., 891 So. 2d 1063, 1065-66 (Fla. 2d DCA 2004); Bayer v. Global Renaissance Arts, Inc., 869 So. 2d 1232, 1232 (Fla. 2d DCA 2004). We have not; however, held that an order which lacks a finding required under section 61.08 or 61.075 is fundamentally erroneous simply by virtue of the technical deficiency in the trial court’s findings. There is no gener…
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Baratta v. Valley OAK Homeowners' Ass'n AT THE Vineyards, Inc., 891 So. 2d 1063 (Fla. 2d DCA 2004)…98 So. 2d 938 (Fla. 4th DCA 1997) (stating that Rowe findings are mandatory). We therefore find the trial court’s “Final Judgment for Attorneys Fees and Costs” fundamentally erroneous on its face.4 See Bayer v. Global Renaissance [*1066] Arts, Inc., 869 So. 2d 1232 (Fla. 2d DCA 2004) (citing Giltex Corp. v. Diehl, 583 So. 2d 734 (Fla. 1st DCA 1991)). We affirm the trial court’s finding that Valley Oak was entitled to attorney’s fees. We reverse the amount of attorney’s fees awarded and remand for the court to…1 / 2
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Ghanzanfar Raza v. Deutsche Bank Nat'l Tr. Co. in Tr. for the Benefit of the Certificateholders for Argent Sec. Tr. 2005-W4, 100 So. 3d 121 (Fla. 2d DCA 2012)…However, we have recognized that attorney’s fees motions are somewhat unique and the absence of a transcript is not fatal to the action as long as “the error is apparent from the face of [*127] said judgment.” Bayer v. Global Renaissance Arts, Inc., 869 So. 2d 1232, 1232 (Fla. 2d DCA 2004). Several courts have, absent a transcript, found attorney’s fees orders erroneous on their face; however in these cases the order awarded fees and failed to make the specific findings required by Florida Patient’s Compensat…
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- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Jami Robin Greenberg v. Greenberg, 698 So. 2d 938 (Fla. 4th DCA 1997)
- Giltex Corp. v. Diehl, 583 So. 2d 734 (Fla. 1st DCA 1991)