39 Fla. L. Weekly D959b
Attorney’s fees — Proposal for settlement — Error to award
fees for attorney time which predated proposal for settlement service date
fees for attorney time which predated proposal for settlement service date
MILLS-TEL CORP., etc., Appellant, vs. KATTOUR, INC., etc., et. al.,
Appellees. 3rd District. Case No. 3D13-885. L.T. Case No. 11-35285. Opinion
filed May 7, 2014. An Appeal from the Circuit Court for Miami-Dade County, Jorge
E. Cueto, Judge. Counsel: Ferdie and Lones, Chartered and Ainslee R. Ferdie, for
appellant. Robert N. Pelier; Billbrough & Marks, P.A., and G. Bart
Billbrough, for appellees.
Appellees. 3rd District. Case No. 3D13-885. L.T. Case No. 11-35285. Opinion
filed May 7, 2014. An Appeal from the Circuit Court for Miami-Dade County, Jorge
E. Cueto, Judge. Counsel: Ferdie and Lones, Chartered and Ainslee R. Ferdie, for
appellant. Robert N. Pelier; Billbrough & Marks, P.A., and G. Bart
Billbrough, for appellees.
(Before ROTHENBERG, FERNANDEZ and LOGUE, JJ.)
(FERNANDEZ, Judge.) Mills-Tel Corp., etc., appeals the trial court’s final
judgment entered in favor of Kattour, Inc., etc., and Foods of South Florida,
Inc. (collectively, “Kattour”), as well as the trial court’s final order
awarding Kattour attorney’s fees and costs against Mills-Tel. We affirm the
final judgment, but reverse the award of attorney’s fees. Kattour concedes on
appeal that the final judgment erroneously awarded attorney’s fees that included
attorney time which predated the proposal for settlement service date. We thus
reverse the award and remand to the trial court for entry of an amended final
judgment after the trial court calculates attorney’s fees from the date of
service of the proposal for settlement to the conclusion of the case.
judgment entered in favor of Kattour, Inc., etc., and Foods of South Florida,
Inc. (collectively, “Kattour”), as well as the trial court’s final order
awarding Kattour attorney’s fees and costs against Mills-Tel. We affirm the
final judgment, but reverse the award of attorney’s fees. Kattour concedes on
appeal that the final judgment erroneously awarded attorney’s fees that included
attorney time which predated the proposal for settlement service date. We thus
reverse the award and remand to the trial court for entry of an amended final
judgment after the trial court calculates attorney’s fees from the date of
service of the proposal for settlement to the conclusion of the case.
Affirmed in part; reversed in part and remanded with instructions.
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