BYRON PETERSON AND MARGARET PETERSON
v.
SUSAN J. LEBEL

Fla. 5th DCA | 2020-09-25
No. 19-2964
Mosley, J., Evander, C.J., Lambert, J., Traver, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

Unauthorized awards of attorney's fees do not constitute fundamental error in civil cases and therefore do not warrant relief on appeal.


Headnotes

[1] Unauthorized awards of attorney's fees do not constitute fundamental error in civil cases and therefore do not provide grounds for appellate reversal.

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Key Quotes

“Because unauthorized awards of attorney's fees appear to generally fall outside the category of what might constitute fundamental error in a civil case, we are obliged to deny relief.”

Court's rationale for affirming the trial court judgment

Facts & Procedural History

Byron Peterson and Margaret Peterson appealed a judgment from the Circuit Court for Lake County. The appeal involved a dispute with Susan J. LeBel.…

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Opinion of the Court
Susan

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

BYRON PETERSON AND

MARGARET PETERSON,

Appellants,

v. Case No. 5D19-2964

SUSAN J. LEBEL,

Appellee.

________________________________/

Opinion filed Septemer 25, 2020

Appeal from the Circuit Court for Lake County, Dan R. Mosley, Judge.

Donna M. Goerner, of The Law Office of Donna M. Goerner, P.A., Altamonte Springs, for Appellants.

Edward P. Jordan, II, of Edward P. Jordan II, P.A., Clermont, for Appellee.

PER CURIAM.

AFFIRMED. See Sanford v. Rubin, 237 So. 2d 134, 137–38 (Fla. 1970); Yau v. IWDWarriors Corp., 144 So. 3d 557, 561 (Fla. 1st DCA 2014) (“Because unauthorized awards of attorney’s fees appear to generally fall outside the category of what might constitute fundamental error in a civil case, we are obliged to deny relief.”). EVANDER, C.J., LAMBERT and TRAVER, JJ., concur.


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