Opinion
Case No. 3D02-43.
Opinion filed June 11, 2003. Reconsideration and Rehearing Denied August 27, 2003.
An Appeal from the Circuit Court for Miami-Dade County, Jennifer D. Bailey, Judge. Lower Tribunal No. 99-10662.
A.P. Walter; and Michael R. Seward, for appellant.
Reimer Rosenthal, and David H. Reimer; and Michael J. Getelman, for appellee.
Before SHEVIN, RAMIREZ, and WELLS, JJ.
Lynne M. Toemmes appeals from a final judgment awarding fees, damages, and costs to Dorothy E. Sites pursuant to sections 64.081 and 57.105, Florida Statutes (2000). We affirm the award of attorney's fees and costs in Sites' favor, but remand for the proper allocation of fees awarded pursuant to section 57.105. The final judgment should reflect that the fees are "to be paid to the prevailing party in equal amounts by the losing party and the losing party's attorney." See § 57.105(1), Fla. Stat. (2000).
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.