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Mendelson v. Oceania Club, Inc.

District Court of Appeal of Florida, Third District
Jul 5, 2000
766 So. 2d 1079 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 3D99-3150

Opinion filed July 5, 2000. JANUARY TERM, A.D. 2000

An Appeal from the Circuit Court for Dade County, Thomas S. Wilson, Judge. LOWER TRIBUNAL NO. 98-27446

Before GODERICH, SHEVIN and SORONDO, JJ.


Rex B. Guthrie, for appellants.

Gunster, Yoakley, Valdes-Fauli Stewart and Virginia Herrero Pagliery and Julie E. Nevins; Mark Evans Kass, for appellee.


We find no merit in the substantive issues raised by Appellants. We do, however, agree with their position that the attorneys' fee award in this case is unreasonable.

The amount in controversy in this case, including interest, was $6,927.39. The attorneys' fee awarded was $6,216.48. In light of the fact that this foreclosure action was, for all practical purposes, unopposed, this award was excessive. At oral argument, counsel for Oceania Club, Inc. admitted that the substitution of counsel in the case may have resulted in duplicative billing. Accordingly, we reverse the award of attorneys' fees and remand with directions to conduct a new hearing during which the trial court will specifically consider this issue.

Reversed.


Summaries of

Mendelson v. Oceania Club, Inc.

District Court of Appeal of Florida, Third District
Jul 5, 2000
766 So. 2d 1079 (Fla. Dist. Ct. App. 2000)
Case details for

Mendelson v. Oceania Club, Inc.

Case Details

Full title:ISAAC MENDELSON, KLARA MENDELSON, his wife, IRINA RAYTSIN, and BORISLAVA…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 5, 2000

Citations

766 So. 2d 1079 (Fla. Dist. Ct. App. 2000)

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