Neger v. Wright

District Court of Appeal of Florida

Neger v. Wright

428 So. 2d 777, 1983 Fla. App. LEXIS 19420

CourtDistrict Court of Appeal of Florida

DecidedMarch 30, 1983

DocketNo. 82-386

StatusPublished

Cited by1 cases

This text of 428 So. 2d 777 (Neger v. Wright) 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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Neger v. Wright, 428 So. 2d 777, 1983 Fla. App. LEXIS 19420 (Fla. Ct. App. 1983).

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PER CURIAM.

Although our task upon review would have been facilitated greatly by the incorporation of findings of fact in the trial court’s order setting attorney’s fees, we do not believe the appellant has established the absence of competent substantial evidence in support of the trial court’s determination so as to mandate reversal. In particular we believe the trial court was entitled to consider the outcome of the litigation between the parties, the extent of attorney’s services required to prosecute the mechanic’s lien action and the reasonable value of these services. It would be nice to have the trial court pinpoint the reason for denying the fees suggested by the appellant’s counsel and his expert, but we are simply not prepared at this point to mandate that such be done when there is other evidence to support a decision not to award fees in accord with such testimony. Accordingly, we affirm the trial court’s award of attorney’s fees.

ANSTEAD, J., and SHAHOOD, GEORGE, Associate Judge, concur. HURLEY, J., dissents with opinion.

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PER CURIAM.

Although our task upon review would have been facilitated greatly by the incorporation of findings of fact in the trial court’s order setting attorney’s fees, we do not believe the appellant has established the absence of competent substantial evidence in support of the trial court’s determination so as to mandate reversal. In particular we believe the trial court was entitled to consider the outcome of the litigation between the parties, the extent of attorney’s services required to prosecute the mechanic’s lien action and the reasonable value of these services. It would be nice to have the trial court pinpoint the reason for denying the fees suggested by the appellant’s counsel and his expert, but we are simply not prepared at this point to mandate that such be done when there is other evidence to support a decision not to award fees in accord with such testimony. Accordingly, we affirm the trial court’s award of attorney’s fees.

ANSTEAD, J., and SHAHOOD, GEORGE, Associate Judge, concur. HURLEY, J., dissents with opinion.

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428 So. 2d 777, 1983 Fla. App. LEXIS 19420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neger-v-wright-fladistctapp-1983.

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