Summary
holding it was error for the trial court to award attorney's fees in an amount greater than what was charged to the client
Summary of this case from Effective Teleservices v. SmithOpinion
Nos. 97-4430 and 98-1804.
Opinion filed June 30, 1999.
Consolidated appeals from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward H. Fine, Judge; L.T. No. 93-4455 AI.
John R. Kelso of Heinrich, Gordon, Hargrove, Weihe James, P.A., Fort Lauderdale, for appellant.
Richard Burton Bush of The Bush Law Group, P.A., Tallahassee, for appellees.
The appellant appeals the final judgment of no liability and the final judgment taxing fees and costs. We affirm in all respects, with the exception that we reverse the amount awarded for attorney's fees.
The trial court awarded $164,348 in attorney's fees even though the attorney charged his client only $150,196. On appeal, the appellee agrees that the trial court made an error with regard to the amount awarded. Because the trial court erroneously awarded $14,152 more than the attorney actually charged, we reverse and remand for the trial court to correct the error.
AFFIRMED in part; REVERSED AND REMANDED in part.
GUNTHER, GROSS and HAZOURI, JJ., concur.