JOHN A. OLIVER AND SEAN P. SHEPPARD, APPELLANTS,
v.
MARY ANNE OLIVER, BRANDON BEARDSLEY, AND DANIEL MOWREY, APPELLEES
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John A. Oliver and his attorney Sean P. Sheppard appealed an order awarding attorney's fees to Brandon Beardsley and Daniel Mowrey after the latter prevailed on a motion for protective order. The appellate court found that appellants waived their challenge to the entitlement to fees by failing to contest it at trial, but reversed and remanded because expert testimony regarding the reasonableness of the fees was required.
Appellants waived their challenge to Appellees' entitlement to attorney's fees by failing to contest it at trial. However, expert testimony was required to determine the reasonableness of the fees, and the trial court erred by not obtaining such testimony.
[1] A party waives the right to challenge entitlement to attorney's fees on appeal if they admit entitlement to fees in the trial court and only contest the reasonableness of…
[2] An argument not raised at trial is waived for purposes of appellate review.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We, therefore, find that Appellants' challenge to Appellees' entitlement to attorney's fees was waived in the trial court.”
Establishes the waiver doctrine preventing appellants from raising a new argument on appeal that was not contested at trial
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Join FLexlaw to unlock all legal intelligenceAppellees obtained a protective order preventing Appellants from deposing them. Following Appellees' success on this motion, the trial court awarded a…
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John A. Oliver and his attorney, Sean P. Sheppard, (“Appellants”) appeal the lower court’s order granting attorney’s fees pursuant to Florida Rule of Civil Procedure 1.380(a)(4) jointly and severally against Appellants after Brandon Beardsley and Daniel Mowrey (“Appellees”) prevailed on a motion for protective order1 that prevented Appellants from deposing Appel-lees. During the attorney’s fees hearing, Appellants admitted Appellees’ entitlement to fees, choosing to contest only whether the fees were reasonable. On appeal, Appellants are, contrary to their position before the trial court, attempting to contest Appellees’ entitlement to attorney’s fees. We, therefore, find that Appellants’ challenge to Appellees’ entitlement to attorney’s fees was waived in the trial court.2 Additionally, Appellants maintain their position that independent expert testimony was required regarding the reasonableness of the fees. See Sea World of Florida, Inc. v. Ace Am. Ins. Companies, Inc., 28 So.3d 158, 160 (Fla. 5th DCA 2010) (citing Crittenden Orange Blossom Fruit v. Stone, 514 So.2d 351, 352-53 (Fla.1987)). Because Appellees concede this point, we reverse and remand for the lower court to hear expert testimony. All remaining issues are without merit.
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.
TORPY, C.J., and GRIFFIN, J., concur.
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Citator
Cited By
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Webber v. D'Agostino, 251 So. 3d 188 (Fla. 4th DCA 2018)
Authorities Cited
- Crittenden Orange Blossom Fruit v. Stone, 514 So. 2d 351 (Fla. 1987)
- Kozich v. Hartford Ins. Co. OF Midwest, 609 So. 2d 147 (Fla. 4th DCA 1992)
- SEA World OF Fla., Inc. v. ACE Am. Ins. Cos., Inc., 28 So. 3d 158 (Fla. 5th DCA 2010)
- Dep't OF Revenue v. Yambert, 883 So. 2d 881 (Fla. 5th DCA 2004)