WILLIAM HERNSTADT AND JUDITH HERNSTADT, APPELLANTS,
v.
BRICKELL BAY CLUB CONDOMINIUM ASSOCIATION, INC., APPELLEE
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The court held that the issue of entitlement to attorney's fees was previously decided and the trial court's award was supported by substantial competent evidence.
The Hernstadts sought review of a trial court order awarding appellate attorney's fees to Brickell Bay Club Condominium Association. This court had pr…
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PER curiam:
William and Judith Hernstadt seek review of the trial court’s order awarding appellate attorney’s fees to Brickell Bay Club Condominium Association, Inc. We affirm.
In Hernstadt v. Brickell Bay Club Condominium Ass’n, Inc., 560 So. 2d 1227 (Fla.3d DCA), review denied, No. 76,301 (Fla. Nov. 16, 1990), cert. denied, — U.S. -, 111 S.Ct. 2015, 114 L.Ed.2d 102 (1991), Brickell Bay was the prevailing party. This court awarded appéllate attorney’s fees to Brickell Bay pursuant to section 718.303, Florida Statutes (1987), and remanded to the trial court to determine the amount. The trial court conducted an evidentiary hearing and entered a final judgment awarding appellate attorney’s fees to Bric-kell Bay, and the Hernstadts have moved for review of the trial court order. See Fla.R.App.P. 9.400(c).
The Hernstadts argue that Brickell Bay was not entitled to an award of attorney’s fees under the statute. • That issue was determined adversely to the Hernstadts when this court made the award of appellate attorney’s fees during the prior appeal. The remand to the trial court was solely for the purpose of setting the amount of appellate attorney’s fees, and not to determine the issue of entitlement. See State Farm Fire & Casualty Co. v. Palma, 585 So. 2d 329, 330 (Fla. 4th DCA 1991).
As to the Hernstadts’ second point, the amount of the award is supported by substantial competent evidence.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Allstar Builders Corp., Inc. v. Zimmerman, 706 So. 2d 92 (Fla. 3d DCA 1998)…asserting that the fee judgment was premature. The Rule 9.400(c) motion is the correct vehicle to review this judgment. Cheung v. Executive China Doral, Inc., 638 So. 2d 82 (Fla. 3d DCA 1994); Hernstadt v. Brickell Bay Club Condominium Ass’n, Inc., 602 So. 2d 967 (Fla. 3d DCA 1992). “[I]n an interlocutory appeal, the party prevailing on the interlocutory appeal must also be the ultimate prevailing party in the trial court to be entitled to a final judgment of appellate fees from the interlocutory appeal.”…
Authorities Cited
- Elec. Assocs., Inc. v. Lincoln Nat'l Life Ins. Co., 585 So. 2d 329 (Fla. 4th DCA 1991)
- Hernstadt v. Brickell BAY Club Condo. Ass'n, Inc., 560 So. 2d 1227 (Fla. 3d DCA 1990)