UNITED RESOURCES, INC., A FLORIDA CORPORATION, COUNTRY CLUB OF MIAMI CORPORATION, A FLORIDA CORPORATION AND GBB INVESTMENTS, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
CITY NATIONAL BANK OF MIAMI, A NATIONAL BANKING ASSOCIATION, APPELLEE

Fla. 3d DCA | 1980-01-22
No. 78-1912
Before PEARSON and SCHWARTZ, JJ., and EZELL, BOYCE, F., Jr. (Ret.), Associate Judge.
380 So. 2d 1060 Florida District Court of Appeal, Third District (1980) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

[*1061] PER CURIAM.

The defendants in a mortgage foreclosure suit appeal that portion of the judgment which allowed the plaintiff an attorney’s fee. It is argued that the fee is excessive for the time spent by the plaintiff’s attorney on the cause. The defendants offered no evidence at the hearing on the fee, and the amount of the fee is supported by the expert testimony. We will not reverse an order allowing a fee under such circumstances absent a showing of a gross abuse of discretion appearing from other factors in the record. See Snider v. Snider, 375 So. 2d 591 (Fla. 3d DCA 1979). No such showing has been made. Cf. Molne v. Keyes Co., 357 So. 2d 262 (Fla. 3d DCA 1978).

Affirmed.


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  • …rpose of discouraging the contesting of valid claims. We therefore affirm the award of attorneys’ fees. We find no error in the amount of the fee awarded. The trial court acted within its discretion. United Resources v. City National Bank of Miami, 380 So. 2d 1060 (Fla.3d DCA 1980); Snider v. Snider, 375 So. 2d 591 (Fla.3d DCA 1979). The court based its award of reasonable attorneys’ fees upon consideration of appropriate factors and expert testimony. Travelers Insurance Co. v. Davis, 411 F. 2d 244 (5th Cir.…

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