WESTCHESTER FIRE INS. CO.
v.
KESOKI PAINTING
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An award of attorney's fees to the prevailing party is reviewed for abuse of discretion, and absent a hearing transcript, appellate review is limited to errors apparent on the face of the judgment.
[1] An award of prevailing party attorney's fees is reviewed on appeal under an abuse of discretion standard.
[2] Without a hearing transcript in the appellate record, review of a judgment is limited to errors appearing on the face of the judgment itself.
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Join FLexlaw to unlock all legal intelligenceWestchester Fire Insurance Company appealed from a final judgment awarding attorney's fees in favor of Kesoki Painting LLC in a companion case to 3D16…
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SUAREZ, J.
In this companion case to 3D16-2523, Westchester Fire Insurance Company, LLC, appeals from a final judgment awarding attorney’s fees in favor of Kesoki Painting, LLC. “The standard of review for an award of prevailing party attorney fees is abuse of discretion.” Shands Teaching Hosp. & Clinics, Inc. v. Mercury Ins. Co. of Florida, 97 So. 3d 204, 213 (Fla. 2012). However, Westchester failed to include a hearing transcript. “Without a transcript of the hearing, our review is limited to errors appearing on the face of that judgment.” Pazouhandeh v. Salgar Const. Co., 112 So. 3d 151, 152 (Fla. 5th DCA 2013). We find no such errors here on the face of the trial court’s detailed and well-written order. Accordingly, we affirm.
Affirmed.
ANY POST-OPINION MOTION MUST BE FILED WITHIN SEVEN DAYS. A RESPONSE TO THE POST-OPINION MOTION MAY BE FILED WITHIN FIVE DAYS THEREAFTER.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Shands Teaching Hosp. & Clinics, Inc. v. Mercury Ins. Co. OF Fla., 97 So. 3d 204 (Fla. 2012)
- Abbas Pazouhandeh v. Salgar Constr. Co., 112 So. 3d 151 (Fla. 5th DCA 2013)