ELIO MENCIA, ETC.
v.
SCOTT JAY FEDER

Fla. 3d DCA | 2026-04-08
No. 2025-1502
2026 FL 3965 Florida District Court of Appeal, Third District (2026) Positive Treatment
Cited by 4 cases

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Holding

A trial court does not abuse its discretion in awarding attorney's fees and costs when the trial court has properly exercised its discretion to evaluate witness qualifications and testimony.

Headnotes

[1] A trial court's award of attorney's fees and costs is reviewed on appeal under the abuse of discretion standard.

[2] Without a stipulation or waiver, a trial court must take evidence before making an award of attorney's fees.

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Facts & Procedural History

Elio Mencia appealed a circuit court decision in Miami-Dade County concerning an award of attorney's fees and costs to Scott Jay Feder.…

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Topics
Appellate Review Of Fee Awards Fee Awards Attorney'S Fees Award Appellate Review

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Opinion of the Court

Third District Court of Appeal State of Florida

Opinion filed April 8, 2026. Not final until disposition of timely filed motion for rehearing.

No. 3D25-1502 Lower Tribunal No. 21-4123-CP-02

Elio Mencia, etc., Appellant,

vs.

Scott Jay Feder, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Maria de Jesus Santovenia, Judge.

William M. Tuttle, II, P.A., and William M. Tuttle, II, for appellant.

Scott J. Feder, P.A., and Scott J. Feder, for appellee.

Before FERNANDEZ, MILLER and BOKOR, JJ.

PER CURIAM.

Affirmed. See Bath Club Entm’t, LLC v. Residences at Bath Club Maint. Ass’n, Inc., 355 So. 3d 999, 1000 n.1 (Fla. 3d DCA 2023) (“We review a trial court's award of attorney's fees and costs under an abuse of discretion standard."); Soto v. Carrollwood Vill. Phase III Homeowners Ass’n, Inc., 326 So. 3d 1181, 1185 (Fla. 2d DCA 2021) (“Without a stipulation or waiver, the trial court was required to take evidence before making a fee award." (Emphasis added)); Bath Club Entm't, LLC, 355 So. 3d at 1001 (“Plainly, the trial court did not abuse its discretion in awarding appellees their attorney's fees and costs associated with this witness, as the trial court has discretion to accredit the qualifications and the competency of testimony of an expert witness."); DiStefano Const., Inc. v. Fid. & Deposit Co. of Maryland, 597 So. 2d 248, 250 (Fla. 1992) (“[T]he award of attorney's fees is a matter committed to sound judicial discretion which will not be disturbed on appeal, absent a showing of clear abuse of discretion.").

2

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Citator

Cited By

  • Tercier v. Univ. of Miami, Inc., 383 So. 3d 847 (Fla. 3d DCA 2023)
    …gent supervision (Count III), thereby abandoning any challenge to that portion of the order dismissing Counts II (breach of good faith and fair dealing) and IV (injunctive relief).1 See Bath Club Entm’t, LLC v. Residences at Bath Club Maint. Ass’n, 355 So. 3d 999, 1001 n.3 (Fla. 3d DCA 2023) (“If an appellant fails to raise an argument in its initial brief, that argument is deemed abandoned”) (citing Gen. Mortg. Assoc., Inc. v. Campolo Realty & Mortg. Corp., 678 So. 2d 431, 431 (Fla. 3d DCA 1996)). 1 We als…
  • Elio Mencia v. Feder (Fla. 3d DCA 2026)
    …and William M. Tuttle, II, for appellant. Scott J. Feder, P.A., and Scott J. Feder, for appellee. Before FERNANDEZ, MILLER and BOKOR, JJ. PER CURIAM. ---PAGE 2--- Affirmed. See Bath Club Entm’t, LLC v. Residences at Bath Club Maint. Ass’n, Inc., 355 So. 3d 999, 1000 n.1 (Fla. 3d DCA 2023) (“We review a trial court's award of attorney's fees and costs under an abuse of discretion standard."); Soto v. Carrollwood Vill. Phase III Homeowners Ass’n, Inc., 326 So. 3d 1181, 1185 (Fla. 2d DCA 2021) (“Without a st…
  • 34th St., LLC v. PRO Karting Experience, Inc. (Fla. 2d DCA 2024)

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