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Sessler v. Sun Bank

District Court of Appeal of Florida, Fifth District
Apr 2, 1993
616 So. 2d 176 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-1495.

April 2, 1993.

Appeal from the Circuit Court, Orange County, W. Rogers Turner, J.

Bruce Johns of Ronald Colella, P.A., Orlando, for appellant.

Philip D. Storey of Frith Stump, P.A., Orlando, for appellee Sun Bank, N.A.


The appellant raised two issues on this appeal after remand relating to the taxation of costs and the sufficiency of the trial court's award of attorney's fees.

Sessler v. Sun Bank, N.A., 589 So.2d 361 (Fla. 5th DCA 1991).

Initially, we note that both parties agree that the trial court erred in not assessing costs pursuant to Florida Rule of Appellate Procedure 9.400, and thus, the amended final judgment is reversed as to costs.

As to appellant's second point, a careful review of the record reveals that the trial court considered all necessary factors pursuant to Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). As such, we affirm the award of attorney's fees.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

GOSHORN, C.J. and HARRIS, J., concur.


Summaries of

Sessler v. Sun Bank

District Court of Appeal of Florida, Fifth District
Apr 2, 1993
616 So. 2d 176 (Fla. Dist. Ct. App. 1993)
Case details for

Sessler v. Sun Bank

Case Details

Full title:HOSEY SESSLER, D/B/A HOSEY'S AUTO PARTS AND SERVICE, APPELLANT, v. SUN…

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 2, 1993

Citations

616 So. 2d 176 (Fla. Dist. Ct. App. 1993)