Kieser v. Old Line Life Insurance Co. of America

District Court of Appeal of Florida

Kieser v. Old Line Life Insurance Co. of America

735 So. 2d 612, 1999 Fla. App. LEXIS 9512, 1999 WL 496515

CourtDistrict Court of Appeal of Florida

DecidedJuly 15, 1999

DocketNo. 98-4649

StatusPublished

This text of 735 So. 2d 612 (Kieser v. Old Line Life Insurance Co. of America) 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.

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Kieser v. Old Line Life Insurance Co. of America, 735 So. 2d 612, 1999 Fla. App. LEXIS 9512, 1999 WL 496515 (Fla. Ct. App. 1999).

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Opinion

WEBSTER, J.

Appellant seeks review of a final order awarding attorney fees to appellee. He argues (1) that no competent, substantial evidence was presented to the trial court to support an award of fees; and (2) that the order awarding fees is legally inadequate because it contains no findings of fact regarding either the reasonable number of hours expended by appellee’s attorneys or a reasonable hourly rate for the services provided. Because the hearing at which evidence and testimony were presented was not transcribed, we are unable to determine whether appellant’s sufficiency of the evidence argument has merit. Appellant having failed to carry his burden of persuasion, we affirm as to that argument. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979). However, as appellee correctly concedes, the failure of the order to include necessary findings of fact requires reversal, and a remand so that the error can be corrected. See, e.g., Daniels v. Reeves, 712 So.2d 839 (Fla. 1st DCA 1998); Glisson v. Jacksonville Transp. Auth., 705 So.2d 136 (Fla. 1st DCA 1998); Loper v. Allstate Ins. Co., 616 So.2d 1055 (Fla. 1st DCA 1993).

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

KAHN and VAN NORTWICK, JJ., CONCUR.

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WEBSTER, J.

Appellant seeks review of a final order awarding attorney fees to appellee. He argues (1) that no competent, substantial evidence was presented to the trial court to support an award of fees; and (2) that the order awarding fees is legally inadequate because it contains no findings of fact regarding either the reasonable number of hours expended by appellee’s attorneys or a reasonable hourly rate for the services provided. Because the hearing at which evidence and testimony were presented was not transcribed, we are unable to determine whether appellant’s sufficiency of the evidence argument has merit. Appellant having failed to carry his burden of persuasion, we affirm as to that argument. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979). However, as appellee correctly concedes, the failure of the order to include necessary findings of fact requires reversal, and a remand so that the error can be corrected. See, e.g., Daniels v. Reeves, 712 So.2d 839 (Fla. 1st DCA 1998); Glisson v. Jacksonville Transp. Auth., 705 So.2d 136 (Fla. 1st DCA 1998); Loper v. Allstate Ins. Co., 616 So.2d 1055 (Fla. 1st DCA 1993).

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

KAHN and VAN NORTWICK, JJ., CONCUR.

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735 So. 2d 612, 1999 Fla. App. LEXIS 9512, 1999 WL 496515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kieser-v-old-line-life-insurance-co-of-america-fladistctapp-1999.

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