XAVIER ELO, ET AL.,
v.
LIBERTY LEASING LIMITED,
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When a party confesses error regarding entitlement to attorneys' fees and costs, the trial court must provide the opposing party notice and an opportunity to be heard, including presenting witnesses and evidence, before awarding such fees.
[1] A trial court must provide a party notice and an opportunity to be heard, including the opportunity to present witnesses and evidence, before determining entitlement to a…
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Join FLexlaw to unlock all legal intelligenceXavier Elo and others appealed a circuit court decision in Miami-Dade County involving Liberty Leasing Limited. Liberty Leasing Limited subsequently c…
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Third District Court of Appeal State of Florida
Opinion filed September 8, 2021. ________________
No. 3D21-728 Lower Tribunal No. 18-26803 ________________
Xavier Elo, et al., Appellants,
vs.
Liberty Leasing Limited, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge.
Kawel PLLC, and Andrew Paul Kawel, for appellants.
Locke Lord LLP, and Michael P. De Simone and James Derrick Hibbard (West Palm Beach), for appellee.
Before LOGUE, SCALES, and LINDSEY, JJ.
PER CURIAM.
ON CONFESSION OF ERROR
2
Based upon Appellee Liberty Leasing Limited’s commendable confession of error and our own review of the matter, we reverse and remand with directions to the trial court to provide Appellants with notice and an opportunity to be heard—including the opportunity to present witnesses and other evidence regarding Appellee’s entitlement to attorneys’ fees and costs.
Reversed and remanded.