Florida District Courts of Appeal, 1987

Cacace v. Superior Paving, Inc.

Florida District Courts of Appeal · Decided January 16, 1987 · No. 86-1015 · Campbell, Scheb, Schoonover

500 So. 2d 745; 12 Fla. L. Weekly 295; 1987 Fla. App. LEXIS 6310 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Staff v. Trafalgar Developers of Florida, Inc. (Fla. Dist. Ct. App. 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

SCHEB, Acting Chief Judge.

We vacate that part of the final judgment awarding attorney’s fees to appellant since such fees were awarded without proper notice and hearing and without stipulation of the parties. Otherwise, we affirm the final judgment.

We remand without prejudice to appellee, as prevailing party in this litigation, to promptly file a motion to assess attorney’s fees in accordance with Section 713.29, Florida Statutes (1985). See NCN Electric, Inc. v. Leto, 498 So.2d 1377 (Fla. 2d DCA 1986). Absent stipulation of the parties, any determination of fees must be in accordance with the requirements of Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985).

CAMPBELL and SCHOONOVER, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.