02-0043 TOEMMES V. SITES

State: Florida

Court: Florida Third District Court

Docket No: 02-0043 TOEMMES V. SITES

Case Date: 06/11/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2003

LYNNE M. TOEMMES, Appellant, vs. DOROTHY E. SITES, Appellee.

** ** ** ** ** CASE NO. 3D02-43 99-10662

LOWER TRIBUNAL NO.

Opinion filed June 11, 2003. An Appeal from the Circuit Court for Miami-Dade County, Jennifer D. Bailey, Judge. A.P. Walter; and Michael R. Seward, for appellant. Reimer & Rosenthal, and David H. Reimer; and Michael J. Getelman, for appellee. Before SHEVIN, RAMIREZ, and WELLS, JJ. PER CURIAM. Lynne M. Toemmes appeals from a final judgment awarding fees, damages, and costs to Dorothy E. Sites pursuant to sections 64.081 and 57.105, Florida Statutes (2000). We affirm the award of

attorney's fees and costs in Sites' favor, but remand for the proper allocation of fees awarded pursuant to section 57.105. The

final judgment should reflect that the fees are "to be paid to the prevailing party in equal amounts by the losing party and the losing party's attorney." See

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