Florida District Courts of Appeal, 2017

Baldwin v. Idoni

Baldwin v. Idoni
Florida District Courts of Appeal · Decided January 27, 2017 · Edwards, Jacobus, Sawaya
208 So. 3d 842; 2017 WL 378591; 2017 Fla. App. LEXIS 846 (Southern Reporter, Third Series)

Baldwin v. Idoni

Opinion of the Court

PER CURIAM.

Appellant John Baldwin appeals the order denying his motion for attorney’s fees and costs. The trial court denied the motion, concluding that the case was an action for equitable relief. We disagree. The essence of the suit was an action for damages. See DiPompeo Constr. Corp. v. Kimmel & Assocs., Inc., 916 So.2d 17, 19 (Fla. 4th DCA 2005). Therefore, the trial court erred in denying the motion. Thus, we reverse the order under review and remand with instructions to determine the amount of attorney’s fees to which Baldwin is entitled pursuant to section 768.79, Florida Statutes (2015).

REVERSED and REMANDED.

SAWAYA and EDWARDS, JJ. and JACOBUS, B.W., Senior Judge, concur.

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