04-2031 VALDES V. VALDEZ

State: Florida

Court: Florida Third District Court

Docket No: 04-2031 VALDES V. VALDEZ

Case Date: 08/02/2006

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 JULY TERM, A.D. 2006

FRANCIS VALDES, Appellant, vs. IN RE: ESTATE OF AMADO LUIS VALDES, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 03-2039 CASE NO. 3D04-2031

Opinion filed August 2, 2006. An Appeal from the Circuit Court for Miami-Dade County, Arthur Rothenberg, Judge. Nancy C. Wear; Judith A. Frankel, for appellant. Richard B. Rosenthal; Berman & Berman and Paul F. Berman, for appellee.

Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ. ON MOTION FOR REVIEW PER CURIAM. Valdes appeals an order granting her attorney's fees and costs. We have jurisdiction. See Fla. R. App. P. 9.400(c)

(permitting "review of orders rendered by the lower tribunal" for costs and attorney fees); See also Stabinski, Funt & De Oliveira, P.A. v. Alvarez, 490 So. 2d 159, 160 (Fla. 3d DCA 1986), review denied, 500 So. 2d 545 (Fla. 1986) (interpreting Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), as applying "only to fees imposed ancillary to the primary action or against . . . a non-client to either under common law

principles

pursuant

statutory

authorization")

(citations omitted). Because the trial court did not include specific findings for the amount awarded, we reverse. In an order granting

attorneys' fees, the trial court must set forth its specific findings as to "the hourly rate" and "the number of hours

reasonably expended." reverse. Reversed.

Rowe, 472 So. 2d at 1151.

We therefore

2

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