ALL-STAR INSURANCE CORPORATION ET AL., APPELLANTS,
v.
SCANDIA, INC., ET AL., APPELLEES
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All-Star Insurance Corporation appealed the trial court's award of $27,300 in attorneys' fees to Scandia, Inc. following remand from a prior appellate decision. The court affirmed the award, holding that the trial judge did not abuse his discretion in determining reasonable attorneys' fees.
The court held that the trial judge did not abuse his sound judicial discretion in awarding $27,300 in attorneys' fees, and absent a clear showing of abuse of discretion, the appellate court will not substitute its judgment for that of the trial judge.
[1] An award of attorneys' fees is within the sound discretion of the trial judge.
[2] An appellate court will not substitute its judgment for that of the trial judge regarding attorneys' fees absent a clear showing of abuse of discretion.
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Join FLexlaw to unlock all legal intelligence“The award of attorneys' fees is within the sound discretion of the trial judge and, in the absence of a clear showing of an abuse of such discretion, an appellate court will not substitute its judgment for that of the trial judge.”
Establishes the standard of review for attorneys' fees awards and the deference appellate courts must show to trial court discretion.
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Join FLexlaw to unlock all legal intelligenceThis case involved a prior appeal in which the court reversed a directed verdict for $135,000 and reinstated a second jury verdict for $60,000, while …
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[*172] KEHOE, Judge.
In this case, we are called upon to decide whether the attorneys’ fees awarded appel-lees’ counsel were reasonable. We have concluded that the trial judge exercised sound judicial discretion and assessed reasonable fees; therefore, the judgment appealed is affirmed.
In a prior appeal of the case sub judice, All-Star Insurance Corporation v. Scandia, Inc., 321 So. 2d 575 (Fla. 3d DCA 1975), this court reversed a directed verdict for the sum of $135,000 entered by the trial court, setting aside a second jury verdict for the sum of $60,000, and reinstated the second jury verdict. Also, the trial court’s award of the sum of $30,000 for attorneys’ fees, in favor of appellee herein, was reversed and remanded with directions. The trial court was directed that appellees’ attorneys were entitled to recover reasonable attorneys’ fees based upon established law considering, among other things, the amount of the judgment on the second jury verdict.
Subsequently, pursuant to our mandate, a hearing on the issue of attorneys’ fees was held with testimony, other evidence, and arguments being presented by appellants and appellees. Thereafter, the trial judge entered a final judgment awarding, inter alia, attorneys’ fees in the sum of $27,300 to appellees. From this part of the final judgment on mandate, appellants appeal. Appellants’ basic contention on appeal is that the award of attorneys’ fees was unreasonable in light of the final judgment on mandate, dated October 12,1976, entered by the trial court.
The award of attorneys’ fees is within the sound discretion of the trial judge and, in the absence of a clear showing of an abuse of such discretion, an appellate court will not substitute its judgment for that of the trial judge. See, e. g. Krasner v. Krasner, 339 So. 2d 674 (Fla. 3d DCA 1976); Ruwitch v. First National Bank, 327 So. 2d 833 (Fla. 3d DCA 1976); Pennsylvania National Mutual Insurance Co. v. Doyon, 323 So. 2d 677 (Fla. 3d DCA 1976); Dade County v. Oolite Rock Co., 311 So. 2d 699 (Fla. 3d DCA 1975), and Belman Hotel Corp. v. Maher, 170 So. 2d 591 (Fla. 3d DCA 1965).
In the case sub judice, the trial judge, in light of our mandate issued in All-Star Insurance Corporation v. Scandia, Inc., 321 So. 2d 575 (Fla. 3d DCA 1975), held an evidentiary hearing on the issue of attorneys’ fees, exercised his discretion, and awarded the sum of $27,300 to appellees. Appellants have demonstrated no clear showing of the abuse of this discretion; therefore, the judgment on mandate entered by the trial judge is affirmed.
Affirmed.
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Jockey Club, Inc. v. Bleemer, 413 So. 2d 433 (Fla. 3d DCA 1982)…tion, the record contains ample and competent testimony to support the jury conclusion as to the reasonable value of the services in question. See Robinson v. Pinsker, 303 So. 2d 706 (Fla.3d DCA 1974); see also, All-Star Ins. Corp. v. Scandia, Inc., 353 So. 2d 171 (Fla.3d DCA 1977). The cases cited by the appellant for the proposition that a reasonable architectural fee may not be based solely upon a percentage of the total cost of an uncompleted structure, Scott v. Maier, 56 Mich. 554, 23 N.W. 218 (1885); Ro…
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AETNA Ins. Co. v. Settembrino, 369 So. 2d 954 (Fla. 3d DCA 1978)…tiary hearing on the matter, the trial judge abused his discretion in entering the aforementioned award. Massachusetts Indemnity & Life Insurance Company v. Schupper, 301 So. 2d 789 (Fla.3d DCA 1974); All-Star Insurance Corporation v. Scandia, Inc., 353 So. 2d 171 (Fla.3d DCA 1977). Secondly, regarding the “interest judgment,” it is appellant’s contention that the trial judge erred in entering an interest judgment when the jury verdict made no reference to, or allowance for, interest therein. In that the jur…
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United Servs. Auto. Ass'n v. Kiibler, 382 So. 2d 1254 (Fla. 3d DCA 1980)…PER CURIAM. Affirmed. See Posner v. Posner, 315 So. 2d 175 (Fla.1975); All-Star Ins. Corp. v. Scandia, Inc., 353 So. 2d 171 (Fla.3d DCA 1978); In re Estate of Lunga, 322 So. 2d 560 (Fla.2d DCA 1975).…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dade Cnty. v. Oolite Rock Co., 311 So. 2d 699 (Fla. 3d DCA 1975)
- Clair Krasner v. Krasner, 339 So. 2d 674 (Fla. 3d DCA 1976)
- Belman Hotel Corp. v. Pierce J. Maher, 170 So. 2d 591 (Fla. 3d DCA 1965)
- Ruwitch v. First Nat'l Bank OF Miami, 327 So. 2d 833 (Fla. 3d DCA 1976)
- All-Star Ins. Corp. v. Scandia, Inc., 321 So. 2d 575 (Fla. 3d DCA 1975)
- Pa. Nat'l Mut. Ins. Co. v. Doyon, 323 So. 2d 677 (Fla. 3d DCA 1975)