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Messana v. Seaside Cmty. Dev. Corp.

District Court of Appeal of Florida, First District
Aug 5, 2005
908 So. 2d 551 (Fla. Dist. Ct. App. 2005)

Opinion

No. 1D04-3270.

August 5, 2005.

An appeal from an order from the circuit court for Walton County. Joseph Q. Tarbuck, Judge.

Thomas R. Thompson of Thompson, Crawford Smiley, Tallahassee, Attorney for Appellant.

John A. Unzicker, Jr., of Vernis Bowling of Northwest Florida, P.A., Pensacola, Attorney for Appellee.


Appellant seeks review of several of the trial court's evidentiary rulings and the order awarding attorney's fees. We affirm the trial court's endentiary rulings without further comment. However, the trial court erred when it did not conduct an eqdentiary hearing. In addition, the trial court's order awarding attorney's fees is deficient because it did not set forth specific findings regarding the attorney's hourly rate, the number of hours reasonably expended, and the appropriateness of reduction or enhancement factors. Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985); Teat v. City of Apalachicola, 880 So.2d 819, 820 (Fla. 1st DCA 2004). Accordingly, we reverse the trial court's order with respect to the amount of fees and costs awarded and remand for an evidentiary hearing and for the purpose of making the necessary findings.

AFFIRMED in part, REVERSED in part, and REMANDED.

KAHN, C.J., BROWNING and THOMAS, JJ., concur.


Summaries of

Messana v. Seaside Cmty. Dev. Corp.

District Court of Appeal of Florida, First District
Aug 5, 2005
908 So. 2d 551 (Fla. Dist. Ct. App. 2005)
Case details for

Messana v. Seaside Cmty. Dev. Corp.

Case Details

Full title:JAMIE MESSANA, Appellant, v. SEASIDE COMMUNITY DEVELOPMENT CORP., Appellee

Court:District Court of Appeal of Florida, First District

Date published: Aug 5, 2005

Citations

908 So. 2d 551 (Fla. Dist. Ct. App. 2005)

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See Fla. Patient's Comp. Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). Accord Messana v. Seaside Cmty. Dev.…