03-2742 JACK BRIER V. SKINNER

State: Florida

Court: Florida Third District Court

Docket No: 03-2742 JACK BRIER V. SKINNER

Case Date: 02/02/2005

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. 2005 JACK BRIER GENERAL CONTRACTOR, INC., a Florida corporation, Appellant, vs. ROBERT V. SKINNER and MARGURIET D. SKINNER, husband and wife, Appellee. ** ** ** ** ** ** LOWER TRIBUNAL NO. 01-847 CASE NO. 3D03-2742

Opinion filed February 2, 2005. An Appeal from the Circuit Court for Monroe County, Wayne M. Miller, Judge. Greenman & Manz, and Franklin D. Greenman (Marathon), for appellant. Robert person. V. Skinner and Marguriet D. Skinner, in proper

Before GREEN, RAMIREZ, and SHEPHERD, JJ. PER CURIAM. Jack Brier General Contractor, Inc., the successful

plaintiff below, appeals an order of the circuit court awarding

it attorneys' fees pursuant to section 713.29, Fla. Stat. final award ($20,162.50 lower than in fees and $376.00 the in costs)

The was

significantly

the

amount

appellant

requested

(approximately $48,000.00 in fees and $4,775.81 in costs) even though there was evidentiary support for the full amount

requested.

The trial court nevertheless concluded in its order,

which included detailed findings, that the reasonable number of hours necessary to prosecute this breach of contract action was considerably less than the amount actually billed.1 conclude that the trial court abused its We cannot See

discretion.

Baldwin Piano & Organ Co. v. Dote, 740 So. 2d 1230, 1231 (Fla. 4th DCA 1999) ("the trial court was not bound by the testimony of the expert as to the amount of a reasonable attorney's fee, even though there was no opposing expert"); Ruwitch v. First Nat'l Bank of Miami, 327 So. 2d 833, 833 (Fla. 3d DCA 1976) ("while the opinion of an expert witness testifying on attorneys fees is persuasive, it is not binding on the court in

determination of a reasonable fee"). below is affirmed. Affirmed.

Accordingly, the fee award

1

A jury awarded Jack Brier $4,839.00. 2

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