Opinion
No. 98-1811
Opinion filed May 19, 1999
Appeal and cross-appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Cynthia L. Cox, Judge; L.T. No. 92-1463-FR-01.
Joseph J. DeRoss, Jr. of Fee, Koblegard DeRoss, Fort Pierce for appellant/cross-appellee.
Jane L. Cornett, and W. Thomas Wackeen of Wackeen, Cornett, Googe Ross, P.A., Stuart, for appellee/cross-appellant.
We affirm the trial court's finding that appellee was entitled to recover from appellant those attorney's fees incurred on a prior appeal. We reverse that portion of the November 26, 1997 order awarding $14,438 in attorney's fees and costs, and remand to the trial court for an evidentiary hearing on the amount of fees to be awarded. Regarding the two hearings in this case, the parties had stipulated that the only evidence to be presented would concern the entitlement to fees. It was the intention of the parties to address the issue of the amount of fees after the trial court had ruled on entitlement. Therefore, no evidence was presented at either hearing as to a reasonable amount of fees to be awarded.
Affirmed in part, reversed in part, and remanded.
GUNTHER, FARMER and GROSS, JJ., concur.