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Glisson v. Jacksonville Transp

District Court of Appeal of Florida, First District
Feb 6, 1998
705 So. 2d 136 (Fla. Dist. Ct. App. 1998)

Opinion

Case No. 97-835

Opinion filed February 6, 1998.

An appeal from the Circuit Court for Duval County. Frederick B. Tygart, Judge.

August Quesada, Jacksonville, for Appellants.

Philip A. Webb, III, and Pamela S. Lynde of Webb, O'Quinn Murphree, P.A., Jacksonville, for Appellee.


Appellants seek review of a final order directing them to pay attorney fees to appellee pursuant to section 57.105, Florida Statutes (1991). Because the trial court's order contains no findings of fact to support the award of attorney fees, we are unable intelligently to review the propriety of that award.See, e.g., Fernandez v. Chiro Risk Management, Inc., 700 So.2d 65 (Fla. 2d DCA 1997);Mickler v. Graham, 611 So.2d 93 (Fla. 1st DCA 1992). Accordingly, we reverse and remand. On remand, if the trial court again concludes that an award of attorney fees is appropriate, it shall recite in its order the facts upon which it bases that conclusion. In addition, it shall comply with the requirements of Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). See,e.g., Key West Polo Club Developers, Inc. v. Towers Constr. Co., 589 So.2d 917 (Fla. 3d DCA 1991).

REVERSED and REMANDED, with directions.

ALLEN, WEBSTER and DAVIS, JJ., CONCUR.


Summaries of

Glisson v. Jacksonville Transp

District Court of Appeal of Florida, First District
Feb 6, 1998
705 So. 2d 136 (Fla. Dist. Ct. App. 1998)
Case details for

Glisson v. Jacksonville Transp

Case Details

Full title:VIRGIL EARL GLISSON, JR., and A. AUGUST QUESADA, JR., Appellants, v…

Court:District Court of Appeal of Florida, First District

Date published: Feb 6, 1998

Citations

705 So. 2d 136 (Fla. Dist. Ct. App. 1998)

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See Daniels v. Reeves, 712 So.2d 839, 840 (Fla. 1st DCA 1998) (award of section 57.105 attorney's fees…