Royal Health Care Services, Inc. v. LaChance

District Court of Appeal of Florida

Royal Health Care Services, Inc. v. LaChance

556 So. 2d 833, 1990 Fla. App. LEXIS 1029, 1990 WL 14249

CourtDistrict Court of Appeal of Florida

DecidedFebruary 21, 1990

DocketNo. 88-2298

StatusPublished

This text of 556 So. 2d 833 (Royal Health Care Services, Inc. v. LaChance) 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

Royal Health Care Services, Inc. v. LaChance, 556 So. 2d 833, 1990 Fla. App. LEXIS 1029, 1990 WL 14249 (Fla. Ct. App. 1990).

Pincite

Opinion

PER CURIAM.

The record does not support the trial court’s conclusion that neither party prevailed in this action. Appellant recovered the sum of $2,560 and under the terms of the contract is entitled to attorney’s fees and costs not to exceed thirty percent of the amount recovered. Therefore, we reverse that part of the final judgment which denied appellant’s claim for attorney’s fees and costs and remand this case to the trial court with instructions to award appellant the sum of $768 for fees and costs incurred in the proceedings before the trial court. We grant appellant’s motion for appellate attorney’s fees and direct the trial court to conduct an evidentiary hearing to determine and award appellant a reasonable attorney’s fee for his services.

We, otherwise, affirm the final judgment in all respects. We find no merit in the point raised on cross-appeal.

[834]*834AFFIRMED IN PART; REVERSED IN PART and REMANDED.

DELL, WALDEN and POLEN, JJ., concur.

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PER CURIAM.

The record does not support the trial court’s conclusion that neither party prevailed in this action. Appellant recovered the sum of $2,560 and under the terms of the contract is entitled to attorney’s fees and costs not to exceed thirty percent of the amount recovered. Therefore, we reverse that part of the final judgment which denied appellant’s claim for attorney’s fees and costs and remand this case to the trial court with instructions to award appellant the sum of $768 for fees and costs incurred in the proceedings before the trial court. We grant appellant’s motion for appellate attorney’s fees and direct the trial court to conduct an evidentiary hearing to determine and award appellant a reasonable attorney’s fee for his services.

We, otherwise, affirm the final judgment in all respects. We find no merit in the point raised on cross-appeal.

[834]*834AFFIRMED IN PART; REVERSED IN PART and REMANDED.

DELL, WALDEN and POLEN, JJ., concur.

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Bluebook (online)

556 So. 2d 833, 1990 Fla. App. LEXIS 1029, 1990 WL 14249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royal-health-care-services-inc-v-lachance-fladistctapp-1990.