Summary
vacating award of fees and directing trial court to conduct new hearing to determine a reasonable fee for attorneys based on services for which fees were recoverable
Summary of this case from Trumbull Ins. Co. v. WolentarskiOpinion
No. 80-408.
September 26, 1980.
Appeal from the Circuit Court, Charlotte County, Richard M. Stanley, J.
Bruce D. Frankel of Goldberg, Rubinstein Buckley, Fort Myers, for appellants.
Lester E. Durst of Farr, Farr, Haymans, Moseley Emerich, Punta Gorda, for appellees.
Appellants sued appellees charging them with deceptive trade practices under Chapter 501, Part II, Florida Statutes (1977), the Florida Deceptive and Unfair Trade Practices Act. The jury returned a verdict for appellees. The trial court entered final judgment for appellees and awarded them $5,500 in attorney's fees.
Appellants now contend that the court improperly included services of appellees' attorneys in defending appellants' claim of punitive damages. Under Section 501.2105 of the Act, appellees, as prevailing parties, were entitled to have the court assess fees in their favor. Attorneys for appellees, however, submitted an itemization which included services beyond the scope of proceedings under Chapter 501, Part II. It appears that the trial court included payment for these services in awarding fees. In doing so, it erred. Kittel v. Kittel, 210 So.2d 1 (Fla. 1967).
Accordingly, we vacate the order awarding attorneys' fees, and direct the trial court to conduct a new hearing to determine a reasonable fee for appellees' attorneys based on their services in defense of appellants' claims under Chapter 501, Part II. Otherwise, we affirm the judgment of the trial court.
GRIMES and CAMPBELL, JJ., concur.