Opinion
Case No. 4D02-3533.
Opinion filed July 30, 2003.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John D. Wessel, Judge; L.T. Case No. CL 98-004393 AE.
Donna M. Greenspan of Edwards Angell, LLP, West Palm Beach, for appellant.
Jack S. Cox of Jack Schramm Cox, P.A., Palm Beach Gardens, for appellee.
This is an appeal from a judgment for attorney's fees and costs entered after a final judgment that enforced a settlement agreement. The appellant raises three issues. We find error in only one — the court's failure to award appellate costs to the appellant for a separate appeal from a contempt order. We therefore reverse and remand the case to the trial court to adjust the attorney's fees award in accordance with this opinion.
The parties entered into a settlement agreement following a dispute over improvements to an easement running between their respective properties. The trial court entered an order and final judgment enforcing the settlement agreement. This court affirmed. Condren v. Bell, 814 So.2d 1056 (Fla. 4th DCA 2002).
The appellees moved for attorney's fees and costs in the trial court. After an evidentiary hearing, the trial court entered a final judgment of attorney's fees and costs, making specific findings on all relevant factors. The court further found that "because the award of attorney's fees and costs is a sanction" it should include those attorney's fees incurred in determining the amount of fees to be awarded. The court further awarded fees for the appellee's expert witness. Throughout the judgment, the trial court reiterated its intent to sanction the appellant for his conduct. We find no error in the court's findings concerning amount of time expended and reasonable hourly rate. We further find that because the fees awarded for litigating the issue of fees was a sanction and supported by substantial competent evidence, the award does not run afoul of State Farm Fire Casualty Co. v. Palma, 629 So.2d 830 (Fla. 1993), or this court's decisions in Dawn to Dusk, Inc. v. Hillsboro-Lyons Investors, Ltd., 801 So.2d 283 (Fla. 4th DCA 2001) or Tutor Time Merger Corp. v. McCabe, 763 So.2d 505 (Fla. 4th DCA 2000). See also Citibank Fed. Sav. Bank v. Sandel, 766 So.2d 302, (Fla. 4th DCA 2000) (Farmer, J., concurring).
In his third point, however, the appellant argues that the trial court erred in failing to award or offset $482 in appellate costs awarded to him in his successful appeal from a contempt order. We agree and remand this case for the court to either award these costs or offset them from the attorney's fees award.
TAYLOR, HAZOURI and MAY, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.