LIFESTYLE BUILDERS OF BOCA, INC., JOHN D. MCELLIGOTT, AS TRUSTEE FOR LIFESTYLE BUILDERS, INC., JOHN D. MCELLIGOTT, A/K/A JACK MCELLIGOTT, INDIVIDUALLY, AND PATRICIA M. MCELLIGOTT, INDIVIDUALLY, APPELLANTS,
v.
LEONARD M. TURESKY AND BARBARA E. TURESKY HIS WIFE, APPELLEES
LIFESTYLE BUILDERS OF BOCA, INC., JOHN D. MCELLIGOTT, AS TRUSTEE FOR LIFESTYLE BUILDERS, INC., JOHN D. MCELLIGOTT, A/K/A JACK MCELLIGOTT, INDIVIDUALLY, AND PATRICIA M. MCELLIGOTT, INDIVIDUALLY, APPELLANTS,
LEONARD M. TURESKY AND BARBARA E. TURESKY HIS WIFE, APPELLEES
654 So. 2d 1300
Florida District Court of Appeal, Fourth District (1995)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
Since the parties agree that the hearing below was intended to be limited to the issue of entitlement to attorney’s fees, we reverse and remand with direction to the trial court to revisit the issue of entitlement based upon this understanding of the hearing below. The trial court is, of course, free to hold any additional hearings that it may deem necessary to determine entitlement. If the court finds entitlement then it should conduct an evidentiary hearing on the reasonable amount of fees.
GUNTHER, FARMER and STEVENSON, JJ., concur.
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Centex-Rooney Constr. Co., Inc. v. Martin Cnty., 725 So. 2d 1255 (Fla. 4th DCA 1999)…e sound discretion of the trial court and will not be disturbed on appeal, absent a showing of a clear abuse of that discretion. See DiStefano Constr., Inc. v. Fidelity and Deposit Co. of Maryland, 597 So. 2d 248, 250 (Fla.1992); Elliot v. Pallotti, 654 So. 2d 1300, 1302 (Fla. 5th DCA 1995). The trial court’s findings of fact with regard to an award of attorneys’ fees are presumed to be correct, see Alternative Development, Inc. v. St. Lucie Club & Apartment Homes Condominium Ass’n, 608 So. 2d 822, 828 (Fla. 4…
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Thomas v. Juanza Perkins and John R. Perkins, 723 So. 2d 293 (Fla. 3d DCA 1998)…983). Alternatively, Thomas argues that the fees and costs awarded by the trial court were excessive. Our standard of review on this issue is abuse of discretion. See Patterson v. Cuervo, 683 So. 2d 205, 206 (Fla. 3d DCA 1996); Elliot v. Pallotti, 654 So. 2d 1300, 1302 (Fla. 5th DCA 1995). We note, however, that the record before us does not contain a transcript of the hearing that was held to determine the amount of fees and costs. In the absence of a record of the evidence considered by the trial court in…
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Baker v. Falcon Power, Inc., 788 So. 2d 1104 (Fla. 5th DCA 2001)…rney’s fees incurred in this matter. The determination of attorney’s fees is a ruling which falls within the sound discretion of the trial court and must not be disturbed on appeal absent a showing of a clear abuse of discretion. Elliot v. Pallotti, 654 So. 2d 1300 (Fla. 5th DCA 1995). Baker does not challenge Falcon Power’s entitlement to receive an award of attorney’s fees, but only the amount of the trial court’s award, arguing that the trial court erred in awarding Falcon Power the portion of the fees whic…
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