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May v. General Elec. Cap. Auto Lease

District Court of Appeal of Florida, Fourth District
Nov 1, 1995
661 So. 2d 1309 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1507.

November 1, 1995.

Appeal and cross-appeal from the Circuit Court for Palm Beach County; James R. Stewart, Jr., Judge.

George May, Palm Beach Gardens, pro se appellant/cross-appellee.

Lewis J. Levey of the Law Offices of Lewis J. Levey, P.A., Coral Gables, for appellee/cross-appellant.


Appellant, George May, defendant below, appeals a final judgment for damages and replevin entered in favor of the appellee, General Electric Capital Auto Lease, Inc., plaintiff below (Gecal). Gecal cross-appeals that portion of the final judgment which denies its request for attorney's fees. We affirm the main appeal and because Gecal pled entitlement to attorney's fees, reverse and remand the cross-appeal to allow Gecal an opportunity to present evidence concerning the amount of attorney's fees incurred. See Cheek v. McGowan Elec. Supply Co., 511 So.2d 977 (Fla. 1987) (proof of attorney's fees, whether sought pursuant to statute or contract, may be presented for the first time after final judgment).

Accordingly, this case is affirmed in part, reversed in part and remanded to the trial court with directions to hold an evidentiary hearing on the amount of attorney's fees incurred by Gecal.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

DELL and STEVENSON, JJ., concur.


Summaries of

May v. General Elec. Cap. Auto Lease

District Court of Appeal of Florida, Fourth District
Nov 1, 1995
661 So. 2d 1309 (Fla. Dist. Ct. App. 1995)
Case details for

May v. General Elec. Cap. Auto Lease

Case Details

Full title:GEORGE MAY, APPELLANT/CROSS-APPELLEE, v. GENERAL ELECTRIC CAPITAL AUTO…

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 1, 1995

Citations

661 So. 2d 1309 (Fla. Dist. Ct. App. 1995)

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