City of Miami Beach v. Deutzman

District Court of Appeal of Florida

City of Miami Beach v. Deutzman

180 So. 3d 245, 2015 Fla. App. LEXIS 19213, 2015 WL 9319145

District Court of Appeal of Florida·Decided December 23, 2015·No. 3D15-1980·Published·Cited by 4 cases

Opinion

LOGUE, J.

The City of Miami Beach seeks certiora-ri review of an order by the circuit court in its appellate capacity, which awarded attorneys’ fees to Respondent. 1 The order *246 was the first ruling on the. question..of attorneys’ fees. Properly viewed, our proceeding is not the second, but rather the first tier of appellate review. See Ramirez v. United Auto. Ins. Co., 67 So.3d 1174, 1175-76 (Fla. 3d DCA 2011) (“Because the order denying appellate fees was the first ruling on the question, we do not think that, properly viewed, this proceeding is the second, but rather the first tier of appellate review — ”). We have jurisdiction. See Mejia v. United Auto. Ins. Co., 83 So.3d 897, 898 (Fla. 3d DCA 2012) (using first-tier certiorari review to quash an appellate circuit court’s order granting attorneys’ fees).

Attorneys’ fees cannot be awarded as a matter of equity. Attorney’s Title Ins. Fund. Inc. v. Landa-Posada, 984 So.2d 641, 643 (Fla. 3d DCA 2008). “Generally, a court may only award attorney’s fees when such fees are expressly provided for by statute, rule, or contract.” Bane v. Bane, 775 So.2d 938, 940 (Fla.2000) (quotation and citation omitted). Attorneys’ fees may also be awarded in appropriate circumstances as a sanction. Moakley v. Smallwood, 826 So.2d 221, 227 (Fla.2002); Landa-Posada, 984 So.2d at 643.

In this case, the circuit court did not state a basis for awarding attorneys’ fees. Nor did Respondent in his motion for fees. Without any basis for awarding the fees, the circuit court departed from the essential requirements of the law. See State, Dep’t of Highway Safety & Motor Vehicles v. Trauth, 971 So.2d 906, 908 (Fla. 3d DCA 2007) (“An award of appellate attorneys’ fees must be supported by a particular contractual, statutory, or other substantive basis. Because the circuit court appellate panel failed to state any basis for awarding attorneys’ fees, other’than [Florida Rule of Appellate Procedure] 9.400, the attorneys’ fee award cannot stand.”) (internal citation omitted). We therefore grant the petition and quash the portion of the order awarding attorneys’ fees.

Petition granted; order quashed in part.

1

. The City does not seek certiorari review of the portion of the order awarding costs.

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LOGUE, J.

The City of Miami Beach seeks certiora-ri review of an order by the circuit court in its appellate capacity, which awarded attorneys’ fees to Respondent. 1 The order *246 was the first ruling on the. question..of attorneys’ fees. Properly viewed, our proceeding is not the second, but rather the first tier of appellate review. See Ramirez v. United Auto. Ins. Co., 67 So.3d 1174, 1175-76 (Fla. 3d DCA 2011) (“Because the order denying appellate fees was the first ruling on the question, we do not think that, properly viewed, this proceeding is the second, but rather the first tier of appellate review — ”). We have jurisdiction. See Mejia v. United Auto. Ins. Co., 83 So.3d 897, 898 (Fla. 3d DCA 2012) (using first-tier certiorari review to quash an appellate circuit court’s order granting attorneys’ fees).

Attorneys’ fees cannot be awarded as a matter of equity. Attorney’s Title Ins. Fund. Inc. v. Landa-Posada, 984 So.2d 641, 643 (Fla. 3d DCA 2008). “Generally, a court may only award attorney’s fees when such fees are expressly provided for by statute, rule, or contract.” Bane v. Bane, 775 So.2d 938, 940 (Fla.2000) (quotation and citation omitted). Attorneys’ fees may also be awarded in appropriate circumstances as a sanction. Moakley v. Smallwood, 826 So.2d 221, 227 (Fla.2002); Landa-Posada, 984 So.2d at 643.

In this case, the circuit court did not state a basis for awarding attorneys’ fees. Nor did Respondent in his motion for fees. Without any basis for awarding the fees, the circuit court departed from the essential requirements of the law. See State, Dep’t of Highway Safety & Motor Vehicles v. Trauth, 971 So.2d 906, 908 (Fla. 3d DCA 2007) (“An award of appellate attorneys’ fees must be supported by a particular contractual, statutory, or other substantive basis. Because the circuit court appellate panel failed to state any basis for awarding attorneys’ fees, other’than [Florida Rule of Appellate Procedure] 9.400, the attorneys’ fee award cannot stand.”) (internal citation omitted). We therefore grant the petition and quash the portion of the order awarding attorneys’ fees.

Petition granted; order quashed in part.

1

. The City does not seek certiorari review of the portion of the order awarding costs.

City of Miami Beach v. Deutzman, 180 So. 3d 245, 2015 Fla. App. LEXIS 19213, 2015 WL 9319145 (Fla. Ct. App. 2015).

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