DAVID E. NEITLICH AND CAROLE C. NEITLICH, APPELLANTS,
v.
THIRTY-THREE SIXTY CONDOMINIUM ASSOCIATION, INC., APPELLEE
DAVID E. NEITLICH AND CAROLE C. NEITLICH, APPELLANTS,
THIRTY-THREE SIXTY CONDOMINIUM ASSOCIATION, INC., APPELLEE
77 So. 3d 248
Florida District Court of Appeal, Fourth District (2012)
Opinion of the Court
The Neitlichs appeal the order awarding the condominium association attorney’s fees as the prevailing party. We affirm in all respects but one. We agree with the Neitlichs that it was error to award fees to attorney Perez-Martinez. Perez-Martinez failed to testify at the hearing and is therefore precluded from an award of attorney’s fees. See Quality Holdings of Fla., Inc. v. Selective Invs., IV, LLC, 25 So.3d 34 (Fla. 4th DCA 2009). On remand, the trial court shall issue an amended order which does not include hours billed by Perez-Martinez.
Reversed and remanded.
MAY, C.J., HAZOURI and DAMOORGIAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Quality Holdings OF Fla., Inc. v. Selective Invs., IV, LLC, 25 So. 3d 34 (Fla. 4th DCA 2009)