MICHAEL ANTHONY JOHNSON, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT

Fla. 1st DCA | 2004-05-28
No. 1D03-3830
WEBSTER, VAN NORTWICK and POLSTON, JJ., concur.
873 So. 2d 611 Florida District Court of Appeal, First District (2004) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

As respondent concedes, the circuit court erred in entering a final order prior to expiration of the time for the filing of a reply by petitioner. See Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1997). Accordingly, the circuit court’s order is quashed and this cause is remanded with directions to reconsider the matter after petitioner is afforded the opportunity to file a reply. However, we find no merit to petitioner’s argument that the trial judge’s actions are indicative of bias, and we therefore reject his contention that the proceedings on remand should be conducted before a different judge.

WEBSTER, VAN NORTWICK and POLSTON, JJ., concur.


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    …t expressed dismay at the total amount of fees incurred by both parties in relation to the size of the marital estate and, without making any factual findings, made a substantially reduced fee award.” In Highlands Carpentry Service, Inc. v. Connone, 873 So. 2d 611, 613 (Fla. 2d DCA 2004), we determined that finding a “range of acceptability” of 100 to 150 hours and a reasonable rate of $150 to $250 per hour and awarding a fee of $15,000 was insufficient under Rowe. We stated that the trial court “must identif…
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    …abuse of discretion in setting an attorneys’ fee award if the trial court has not identified with precision the reasonable hourly rate and the number of hours reasonably expended on the matter. See, e.g., Highlands Carpentry Serv., Inc. v. Connone, 873 So. 2d 611, 613 (Fla. 2d DCA 2004). “[A]n appellate court has a greater ability to review the reasonableness of an appellate attorney’s fee award than an award for trial court work because the legal work was done in the appellate court.” Hoegh v. Estate of Joh…
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