Opinion
No. 2D21-166
11-17-2021
Ivan Tre KATZ, Appellant, v. EASTWOOD PINES ASSOCIATION, INC., Appellee.
Roy C. Skelton, Clearwater, for Appellant. Adam C. Gurley of Rabin Parker Gurley, P.A., Clearwater, for Appellee.
Roy C. Skelton, Clearwater, for Appellant.
Adam C. Gurley of Rabin Parker Gurley, P.A., Clearwater, for Appellee.
SMITH, Judge.
Ivan Katz, the owner of a condominium unit, challenges the final summary judgment granting injunctive relief and awarding fees and costs to the condominium association, Eastwood Pines Association, Inc., in Eastwood's action seeking to require Mr. Katz to stop leasing his unit to his named tenant under the terms of the Declaration of Condominium and related association resolutions. Based on the pleadings, admissions, and arguments raised, we affirm without further comment that portion of the judgment granting injunctive relief. However, the fees awarded in the judgment lack specific findings related to the hourly rate and number of hours reasonably expended as required by Florida Patient's Compensation Fund v. Rowe , 472 So. 2d 1145, 1151 (Fla. 1985). "Our review of a fee award that lacks the specific findings required by Rowe is not precluded due to lack of a transcript," and absent specific written findings of the Rowe factors, reversal is required. Lizardi v. Federated Nat'l Ins. , 322 So. 3d 184, 190 (Fla. 2d DCA 2021). Accordingly, we reverse the fee award portion of the final summary judgment and remand for the entry of a fee judgment that includes the required findings under Rowe .
Affirmed in part; reversed in part.
CASANUEVA and BLACK, JJ., Concur.