JOHN D'ALUSIO, APPELLANT,
v.
GOULD & LAMB, LLC, APPELLEE

Fla. 2d DCA | 2008-05-02
No. 2D07-4426
CASANUEVA, SALCINES, STRINGER, JJ., Concur.
980 So. 2d 1225 Florida District Court of Appeal, Second District (2008) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from an order denying a motion for attorney’s fees. The appellee has conceded error based on the holding in Barco v. Sch. Bd. of Pinellas County., 975 So. 2d 1116 (Fla.2008). Accordingly, we reverse the order denying plaintiffs motion for attorney’s fees and remand for further proceedings consistent with this opinion.

Reversed and remanded.

CASANUEVA, SALCINES, STRINGER, JJ., Concur.


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  • D'Alusio v. Gould & Lamb, LLC, 36 So. 3d 842 (Fla. 2d DCA 2010)
    …e rule set only an outside deadline for filing the attorneys’ fee motion. Barco, 975 So. 2d at 1118. As D'Alusio’s motion had obviously been timely filed, Gould & Lamb appropriately conceded error. This court reversed, D’Alusio v. Gould & Lamb, LLC, 980 So. 2d 1225 (Fla. 2d DCA 2008), and entered an order pursuant to rule 9.400(b) conditionally granting D’Alusio’s motion for appellate attorneys’ fees and remanding to the trial court for determination of entitlement and amount. After a hearing at which both tri…

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