Hayes v. Lloyd

District Court of Appeal of Florida

Hayes v. Lloyd

385 So. 2d 131, 1980 Fla. App. LEXIS 16425

CourtDistrict Court of Appeal of Florida

DecidedJune 18, 1980

DocketNo. 78-2273

StatusPublished

This text of 385 So. 2d 131 (Hayes v. Lloyd) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hayes v. Lloyd, 385 So. 2d 131, 1980 Fla. App. LEXIS 16425 (Fla. Ct. App. 1980).

Pincite

Opinion

PER CURIAM.

This is an appeal from the entry of a final summary judgment in a suit for attorneys fees. The record unequivocally establishes an agreement between the parties for legal services to be compensated by a reasonable fee. Concurrent with the filing of the motion for summary judgment and affidavit in support thereof, appellee filed an affidavit, executed by an attorney not involved in the litigation, which set forth his opinion as to what amount constituted a reasonable attorneys fee. Neither in his counter-affidavit, nor at the hearing on the motion for summary judgment, did appellant contest the use of affidavits to estab[132]*132lish a reasonable fee. Given the state of the record and counsel’s failure to object to the use of affidavits to establish a reasonable fee,¹ we find appellant has waived the point and the judgment below is

AFFIRMED.

LETTS, C. J., and GLICKSTEIN and HURLEY, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal from the entry of a final summary judgment in a suit for attorneys fees. The record unequivocally establishes an agreement between the parties for legal services to be compensated by a reasonable fee. Concurrent with the filing of the motion for summary judgment and affidavit in support thereof, appellee filed an affidavit, executed by an attorney not involved in the litigation, which set forth his opinion as to what amount constituted a reasonable attorneys fee. Neither in his counter-affidavit, nor at the hearing on the motion for summary judgment, did appellant contest the use of affidavits to estab[132]*132lish a reasonable fee. Given the state of the record and counsel’s failure to object to the use of affidavits to establish a reasonable fee,¹ we find appellant has waived the point and the judgment below is

AFFIRMED.

LETTS, C. J., and GLICKSTEIN and HURLEY, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

385 So. 2d 131, 1980 Fla. App. LEXIS 16425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-lloyd-fladistctapp-1980.

Opinion

Related

Cite This Page — Counsel Stack