Baldwin v. Idoni

• Court: District Court of Appeal of Florida
• Decided: January 23, 2017
• Docket: 5D15-2933
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

JOHN BALDWIN,

Appellant,

v. Case No. 5D15-2933

DOMENICO M. IDONI,

Appellee.

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Opinion filed January 27, 2017

Appeal from the Circuit Court for Brevard County, George B. Turner, Judge.

Marjorie G. Graham, of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, and Douglas R. Beam, of Douglas R. Beam, P.A., Melbourne, for Appellant.

No Appearance for Appellee.

PER CURIAM.

Appellant John Baldwin appeals the order denying his motion for attorney’s fees

and costs. The trial court denied the motion, concluding that the case was an action for

equitable relief. We disagree. The essence of the suit was an action for damages. See

DiPompeo Constr. Corp. v. Kimmel & Assocs., Inc., 916 So. 2d 17, 19 (Fla. 4th DCA

2005). Therefore, the trial court erred in denying the motion. Thus, we reverse the order under review and remand with instructions to determine the amount of attorney’s fees to

which Baldwin is entitled pursuant to section 768.79, Florida Statutes (2015).

REVERSED and REMANDED.

SAWAYA and EDWARDS, JJ. and JACOBUS, B.W., Senior Judge, concur.