Westchester Fire Ins. Co. v. Kesoki Painting

Opinion

Third District Court of Appeal State of Florida

Opinion filed December 19, 2018.

Not final until disposition of timely filed motion for rehearing.

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No. 3D17-2391

Lower Tribunal No. 15-13914

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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.