STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLANT,
v.
DAVID P. WARRINER, ET AL., APPELLEE

Fla. 1st DCA | 2005-02-02
No. 1D04-0153
KAHN and POLSTON, JJ., concur.
893 So. 2d 608 Florida District Court of Appeal, First District (2005) Positive Treatment
Cited by 1 case

Opinion of the Court
WOLF, C.J.

WOLF, C.J.

Appellant, State of Florida, Department of Transportation (DOT), challenges an order awarding attorney’s fees. DOT asserts that the trial court erred in regard to its determination of entitlement to fees as well as the amount awarded. We find no error as to the trial court’s determination as to entitlement. We decline to address DOT’s issue concerning lack of notice prior to the court determining the amount of fees, 'as this issue was never presented to the trial court. The attorney’s fee award is affirmed.

KAHN and POLSTON, JJ., concur.


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