Sun University Partnership v. First Union National Bank

District Court of Appeal of Florida

Sun University Partnership v. First Union National Bank

612 So. 2d 718, 1993 Fla. App. LEXIS 1548

CourtDistrict Court of Appeal of Florida

DecidedJanuary 29, 1993

DocketNos. 91-2527, 92-459

StatusPublished

This text of 612 So. 2d 718 (Sun University Partnership v. First Union National Bank) 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

Sun University Partnership v. First Union National Bank, 612 So. 2d 718, 1993 Fla. App. LEXIS 1548 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

There is no merit to appellants’ arguments for reversal of the summary judgment of foreclosure. We agree, however, that appellants are entitled to a hearing on the issue of reasonable attorney’s fees attributable to the foreclosure. There was no stipulation to determine fees by affidavit, the summary judgment motion did not reference fees, no notice was given of any hearing to determine fees and the record was inadequate to support an award of fees when the final judgment containing the fee award was entered.

JUDGMENT AFFIRMED in part; REVERSED in part; REMANDED.

COWART, PETERSON and GRIFFIN, JJ., concur.

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PER CURIAM.

There is no merit to appellants’ arguments for reversal of the summary judgment of foreclosure. We agree, however, that appellants are entitled to a hearing on the issue of reasonable attorney’s fees attributable to the foreclosure. There was no stipulation to determine fees by affidavit, the summary judgment motion did not reference fees, no notice was given of any hearing to determine fees and the record was inadequate to support an award of fees when the final judgment containing the fee award was entered.

JUDGMENT AFFIRMED in part; REVERSED in part; REMANDED.

COWART, PETERSON and GRIFFIN, JJ., concur.

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Bluebook (online)

612 So. 2d 718, 1993 Fla. App. LEXIS 1548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sun-university-partnership-v-first-union-national-bank-fladistctapp-1993.