Westchester Fire Ins. Co. v. Kesoki Painting

• Court: District Court of Appeal of Florida
• Decided: December 19, 2018
• Docket: 17-2391
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed December 19, 2018. Not final until disposition of timely filed motion for rehearing. ________________

No. 3D17-2391 Lower Tribunal No. 15-13914 ________________

Westchester Fire Insurance Company, LLC, Appellant,

vs.

Kesoki Painting LLC, Appellee.

An appeal from the Circuit Court for Miami-Dade County, Barbara Areces, Judge.

Eaton & Wolk, PL, and Douglas F. Eaton, for appellant.

Taylor Espino Vega & Touron, P.A., and Daniel R. Vega and Vanessa A. Van Cleaf, for appellee.

Before SUAREZ, LOGUE, and LINDSEY, JJ.

SUAREZ, J.

In this companion case to 3D16-2523, Westchester Fire Insurance Company,

LLC, appeals from a final judgment awarding attorney’s fees in favor of Kesoki Painting, LLC. “The standard of review for an award of prevailing party attorney

fees is abuse of discretion.” Shands Teaching Hosp. & Clinics, Inc. v. Mercury

Ins. Co. of Florida, 97 So. 3d 204, 213 (Fla. 2012). However, Westchester failed

to include a hearing transcript. “Without a transcript of the hearing, our review is

limited to errors appearing on the face of that judgment.” Pazouhandeh v. Salgar

Const. Co., 112 So. 3d 151, 152 (Fla. 5th DCA 2013). We find no such errors here

on the face of the trial court’s detailed and well-written order. Accordingly, we

affirm.

Affirmed.

ANY POST-OPINION MOTION MUST BE FILED WITHIN SEVEN DAYS. A RESPONSE TO THE POST-OPINION MOTION MAY BE FILED WITHIN FIVE DAYS THEREAFTER.