PALM BEACH POLO, INC., APPELLANT,
v.
TJ PALM BEACH ASSOCIATES, L.P., THE TAUBMAN REALTY GROUP, L.P., THE TAUBMAN CORPORATION AND SMITH & COMPANY, INC., APPELLEES
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Palm Beach Polo appeals from an order awarding attorney's fees and costs to the defendants following a summary judgment victory. The court reversed in part due to the trial court's failure to make express written findings regarding hours expended by attorneys, but affirmed the cost award and harmless error determination regarding hourly rates.
The court reversed the attorney's fees order solely regarding the trial court's failure to make a specific finding of reasonable hours expended, requiring the trial court on remand to set forth this specific finding. The court harmlessly affirmed the failure to make specific hourly rate findings because the court referenced the rates in another part of the record, effectively adopting them as reasonable. The cost award was affirmed because without a hearing transcript, the court could not determine if the trial court abused its discretion.
[1] A trial court must make express written findings as to the time reasonably expended by and the hourly rates of attorneys when awarding attorney's fees.
[2] A trial court's failure to make express written findings regarding the reasonable number of hours expended by attorneys in an order awarding attorney's fees requires reve…
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Join FLexlaw to unlock all legal intelligence“the trial court failed to make express written findings in the order as to the time reasonably expended by, and the hourly rates of, the Appellees' attorneys”
Identifies the primary error on appeal—lack of specific written findings regarding hours and rates in the attorney's fees award.
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Join FLexlaw to unlock all legal intelligenceAfter obtaining a final summary judgment, the defendants (Appellees) moved for attorney's fees and costs. The trial court awarded $67,665.00 in attorn…
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The Appellees, TJ Palm Beach Associates, L.P., The Taubman Realty Group, L.P., The Taubman Corporation, and Smith <& Company, Inc., obtained a final summary judgment in their favor, which was affirmed by this court.1 The trial court granted the Appellees’ motion for attorney’s fees and costs and ordered that Palm Beach Polo pay $67,665.00 in attorney’s fees to TJ Palm Beach and $41,301.50 in attorney’s fees to the other Appellees, with a maximum exposure of $67,665.00. The trial court also ordered Palm Beach Polo to pay costs and expert witness fees.
Palm Beach Polo appeals from the order granting attorney’s fees and costs, arguing *184that the trial court failed to make express written findings in the order as to the time reasonably expended by, and the hourly rates of, the Appellees’ attorneys. Although the Appellees concede error on this point, we reverse the order only as to the trial court’s failure to make a specific finding of the reasonable number of hours expended by the Appellees’ attorneys. See Fla. Patient’s Comp. Fund v. Rowe, 472 So.2d 1145, 1151 (Fla.1985). On remand, the trial court shall set forth this specific finding in its order. The parties note that there is no transcript of the attorney’s fees hearing. As a result, additional proceedings may be necessary if the record is not adequate for the trial court to make this finding.
The trial court’s error in failing to make a specific finding of hourly rates was harmless because the court referenced another portion of the record which listed those rates, thereby adopting the rates as reasonable. Cf. Blits v. Renaissance Cruises, Inc., 647 So.2d 971, 972 (Fla. 4th DCA 1994) (harmless error where the trial court failed to make sufficient written findings of fact in its order awarding attorney’s fees, but stated its findings on the record at the evidentiary hearing). In addition, the trial court’s order i-eflects that Palm Beach Polo agreed to the reasonableness of the rates.
Palm Beach Polo also argues that the trial court erred in awarding certain costs to TJ Palm Beach because TJ Palm Beach did not show that all of the requested costs were reasonably necessary to defend the case. Because there is no transcript of the evidentiary hearing on attorney’s fees and costs, we cannot determine whether the trial court abused its discretion in awarding these costs. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979); see also Smith v. Sch. Bd. of Palm Beach County, 981 So.2d 6, 10 (Fla. 4th DCA 2007) (“An award of costs is reviewed using an abuse of discretion standard.”). We must affirm the cost award.
Affirmed in part; Reversed in part and Remanded.
MAY and CIKLIN, JJ., concur.
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Citator
Cited By
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Palm Beach Polo, Inc. v. TJ Palm Beach Assocs., L.P., 21 So. 3d 183 (Fla. 4th DCA 2009)
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Zuccarelli v. Barfield, 165 So. 3d 830 (Fla. 4th DCA 2015)…ript, we affirm on this issue as well. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979); 1-95 Motorsports, Inc. v. Goldberg, 155 So. 3d 449, 450 (Fla. 4th DCA 2015); Palm Beach Polo, Inc. v. TJ Palm Beach Assocs., L.P., 21 So. 3d 183, 184 (Fla. 4th DCA 2009). Affirmed. MAY and CIKLIN, JJ., concur. . The causes of action against Barfield's husband remain pending below and are not at issue in this appeal.…
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Blits v. Renaissance Cruises, Inc., 647 So. 2d 971 (Fla. 4th DCA 1994)
- Smith v. Sch. Bd. OF Palm Beach Cnty., 981 So. 2d 6 (Fla. 4th DCA 2007)
- Palm Beach Polo, Inc. v. TJ Palm Beach Assocs., L.P., 21 So. 3d 183 (Fla. 4th DCA 2009)