BELMAN HOTEL CORPORATION, APPELLANT,
v.
PIERCE J. MAHER ET AL., APPELLEES
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The appellate court affirmed a lower court's award of attorney fees, finding no abuse of discretion by the chancellor. The appellant failed to object to the decree at the time it was entered and did not demonstrate that the fee award was excessive.
No, the award of attorney fees was not excessive. The appellate court found sufficient competent evidence to support the award and no abuse of discretion by the chancellor.
“Under an agreement to pay a reasonable attorney's fee the award lies within the sound discretion of the chancellor and will not be disturbed except on a clear showing of abuse of discretion, and no such abuse has been shown in the instant case.”
This quote establishes the standard of review for attorney fee awards, emphasizing the chancellor's discretion and the high bar for overturning such awards.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff was granted a summary final decree cancelling the defendant's lease on a hotel and was awarded $10,600 in attorney fees. The defendant, …
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Plaintiff was granted a summary final decree cancelling defendant’s lease on a Miami Beach hotel and awarded $10,600 as attorney fees. Appellant made no objection to the decree at the time it was entered. However, upon appeal appellant contends that the amount of the award for attorney fees is excessive and should be set aside. We find no merit in this contention.
We have examined the record on appeal and find therein sufficient competent evidence upon which the chancellor could make such an award. Under an agreement to pay a reasonable attorney’s fee the award lies within the sound discretion of the chancellor and will not be disturbed except on a clear showing of abuse of discretion, and no such abuse has been shown in the instant case.
The decree appealed is therefore affirmed.
Affirmed.
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Bryan & Sons Corp. v. Sivert Klefstad, 265 So. 2d 382 (Fla. 4th DCA 1972)…within the sound discretion of the court, the fees will not be disturbed on appeal in the absence of a clear showing of an abuse of that discretion. See Carroll v. Allen, Fla.App.1969, 219 So. 2d 69; Belman Hotel Corporation v. Maher, Fla.App.1965, 170 So. 2d 591. While the amount involved and the results obtained are relevant considerations in fixing the amount of a fee, there are many other factors which must be considered. See Florida Bar Code of Professional Responsibility, Disciplinary Rule 2-106, 32 F.…
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Commodore Plaza AT Century 21 Condo. Ass'n, Inc. v. Cohen, 350 So. 2d 502 (Fla. 3d DCA 1977)…els Corporation v. Atlantic National Bank of Jacksonville, 126 Fla. 344, 170 So. 877 (1936); Parker v. Brinson Construction Company, 78 So. 2d 873 (Fla.1955); Huntley v. Baya, 136 So. 2d 248 (Fla. 3rd D.C.A. 1962); Belman Hotel Corporation v. Maher, 170 So. 2d 591 (Fla. 3rd D.C.A. 1965); English and American Insurance Company Limited v. Swain Groves, Inc. 218 So. 2d 453 (Fla. 4th D.C.A. 1969). Therefore, we hereby affirm the orders appealed in Cases Nos. 76-1010 and 76-1225, on the present record, subject to…
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The Canal Auth. of the State of Fla. v. Ocala Mfg. ICE & Packing Co., 253 So. 2d 495 (Fla. 1st DCA 1971)…attorney fees is largely in the discretion of the trier of fact; Folmar v. Davis, 108 So. 2d 772 (Fla.App.3rd, 1959), and that such determination will not be disturbed except upon a clear showing of abuse of discretion. Belman Hotel Corp. v. Maher, 170 So. 2d 591 (Fla.App.3rd, 1965). However, in exercising this discretion, the trier of fact must consider such elements as the services performed, the responsibility incurred, the nature of the services, the skill and time required, the customary charges for lik…
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