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Lingo v. Dolphin's Cove Estate

District Court of Appeal of Florida, First District
Oct 2, 2001
795 So. 2d 266 (Fla. Dist. Ct. App. 2001)

Opinion

CASE NO. 1D00-3406

Opinion filed October 2, 2001.

An appeal from the Circuit Court for Walton County, Lewis R. Lindsey, Judge.

Bert E. Moore of Bert Moore, P.A., Niceville, for Appellants.

Mark D. Davis of Andrews Davis, DeFuniak Springs, for Appellee.


We affirm the judgment on the pleadings. However, as appellee concedes, it was error to award attorney's fees without making findings concerning the reasonableness of either the hourly rate or the number of hours expended. See Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). Accordingly, we reverse the award of attorney's fees and remand for further proceedings consistent with this opinion.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

WEBSTER, BROWNING and POLSTON, JJ., CONCUR.


Summaries of

Lingo v. Dolphin's Cove Estate

District Court of Appeal of Florida, First District
Oct 2, 2001
795 So. 2d 266 (Fla. Dist. Ct. App. 2001)
Case details for

Lingo v. Dolphin's Cove Estate

Case Details

Full title:MAX LELAND LINGO and MARY ANN LINGO, Appellants, v. DOLPHIN'S COVE ESTATE…

Court:District Court of Appeal of Florida, First District

Date published: Oct 2, 2001

Citations

795 So. 2d 266 (Fla. Dist. Ct. App. 2001)