JAMIE MESSANA, APPELLANT,
v.
SEASIDE COMMUNITY DEVELOPMENT CORP., APPELLEE

Fla. 1st DCA | 2005-08-05
No. 1D04-3270
KAHN, C.J., BROWNING and THOMAS, JJ., concur.
908 So. 2d 551 Florida District Court of Appeal, First District (2005) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

[*552] PER CURIAM.

Appellant seeks review of several of the trial court’s evidentiary rulings and the order awarding attorney’s fees. We affirm the trial court’s evidentiary rulings without further comment. However, the trial court erred when it did not conduct an evidentiary hearing. In addition, the trial court’s order awarding attorney’s fees is deficient because it did not set forth specific findings regarding the attorney’s hourly rate, the number of hours reasonably expended, and the appropriateness of reduction or enhancement factors. Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985); Teat v. City of Apalachicola, 880 So. 2d 819, 820 (Fla. 1st DCA 2004). Accordingly, we reverse the trial court’s order with respect to the amount of fees and costs awarded and remand for an evidentiary hearing and for the purpose of making the necessary findings.

AFFIRMED in part, REVERSED in part, and REMANDED,

KAHN, C.J., BROWNING and THOMAS, JJ., concur.


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  • Hysmith v. Hysmith-Graham, 948 So. 2d 974 (Fla. 1st DCA 2007)
    …egarding the attorney’s hourly rate, the number of hours reasonably expended, and the appropriateness of reduction or enhancement factors. See Fla. Patient’s Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). Accord Messana v. Seaside Cmty. Dev. Corp., 908 So. 2d 551 (Fla. 1st DCA 2005); T.G.G. v. P.M.L., 661 So. 2d 351 (Fla. 1st DCA 1995); Jones v. Assocs. Fin. Inc., 565 So. 2d 394 (Fla. 1st DCA 1990). The order under review is accordingly REVERSED and this case is REMANDED. ALLEN, PADOVANO, and LEWIS, JJ., c…

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