LARRY ZUCKERMAN AND BETH ZUCKERMAN, PETITIONERS,
v.
A & B WINDOW AND GLASS, INC., ET AL., RESPONDENTS

Fla. 3d DCA | 2005-03-09
No. 3D04-2891
Before SHEPHERD, SUAREZ, JJ. and SCHWARTZ, Senior Judge.
930 So. 2d 632 Florida District Court of Appeal, Third District (2005) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

We grant certiorari, reverse the decision of the Circuit Court Appellate Division and remand for consideration of the issue of the entitlement to attorney’s fees. The sole issue presented for consideration by the Circuit Court Appellate Division was the issue of entitlement to attorney’s fees, which is a legal issue for which a transcript of the lower proceedings is not required. Somerset Village Ltd. v. Carlton, Fields, Ward, Emmanuel, Smith, & Cutler, P.A., 782 So. 2d 414 (Fla. 3d DCA 2001); Seal Products v. Mansfield, 705 So. 2d 973 (Fla. 3d DCA 1998); Gaebe, Murphy, Mullen & Antonelli v. Bradt, 704 So. 2d 618 (Fla. 4th DCA 1997).

Certiorari is granted and remanded with instructions.


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  • Zuckerman v. A & B Window & Glass, Inc., 943 So. 2d 218 (Fla. 3d DCA 2006)
    …itioners seek second-tier certio-rari review of a circuit court appellate division per curiam affirmance of a county court judgment, entered after we remanded the case for reconsideration of the appeal. See Zuckerman v. A & B Window and Glass, Inc., 930 So. 2d 632 (Fla. 3d DCA 2005), review denied, 911 So. 2d 792 (Fla.2005). Although, as an original matter, we might conclude that the county court judgment and therefore its affirmance by the circuit court were erroneous, we cannot say that they so far depart…

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