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Fernandez v. Bayless, III

District Court of Appeal of Florida, Second District
Apr 6, 1990
558 So. 2d 1052 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-01830.

March 2, 1990. Rehearing Denied April 6, 1990.

Appeal from the Circuit Court, Highlands County, Joe R. Young, Jr., J.

James F. McCollum of James F. McCollum, P.A., Sebring, for appellant.

J. Timothy Sheehan, Lake Placid, for appellee.


The appellant, Victor R. Fernandez, raises three points on appeal. After hearing oral argument and reviewing the briefs and record, we find merit only in the last issue raised. The appellant contends that the trial court erred when it awarded attorney fees without making specific findings as required by Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985).

The record supports the trial court's award. Moreover, it appears from the record that the trial judge considered the factors required in the fixing of a reasonable attorney fee. However, the trial judge failed to include in the judgment specific findings as to hourly rate and the number of hours reasonably expended as required by Rowe.

We affirm the final judgment, but remand for the entry of an amended order containing the findings required by Rowe. See Woodruff Sons, Inc. v. Pary, Inc., 543 So.2d 467 (Fla. 2d DCA 1989).

HALL and ALTENBERND, JJ., concur.


Summaries of

Fernandez v. Bayless, III

District Court of Appeal of Florida, Second District
Apr 6, 1990
558 So. 2d 1052 (Fla. Dist. Ct. App. 1990)
Case details for

Fernandez v. Bayless, III

Case Details

Full title:VICTOR R. FERNANDEZ, APPELLANT, v. F. ELGIN BAYLESS, III, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 6, 1990

Citations

558 So. 2d 1052 (Fla. Dist. Ct. App. 1990)

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