Atlantic Coast Development Corp. v. Hofco, Inc., 79-1983
| Decision Date | 18 November 1981 |
| Docket Number | No. 79-1983,79-1983 |
| Citation | 405 So.2d 797 |
| Parties | ATLANTIC COAST DEVELOPMENT CORPORATION, Appellant, v. HOFCO, INC., et al., Appellees. |
| Court | Florida District Court of Appeals |
Appeal from Circuit Court, Palm Beach County; James R. Stewart, Jr., judge.
Steven R. Brownstein of Smith, Mandler, Smith, Werner, Jacobowitz & Fried, P. A., Miami Beach, for appellant.
Curtis G. Levine of Baskin & Sears, Boca Raton, for appellees.
ON REHEARING
We vacate our opinion filed September 9, 1981 and grant rehearing. It is now apparent that appellant did object at the trial court to an award of attorney's fees to appellees on the ground that appellees' counsel failed to testify at the hearing on their motion for fees. As we held in Cohen v. Cohen, 400 So.2d 463 (Fla. 4th DCA 1981), the testimony of appellees' attorney should have been required by the trial court. Accordingly, we grant the motion for rehearing, and reverse and remand to the trial court for the opportunity for a further hearing. See Cohen, supra, at 465.
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Markham v. Markham
...based on the testimony offered. We think Cohen v. Cohen, 400 So.2d 463 (Fla. 4th DCA 1981) and Atlantic Coast Development Corporation v. Hofco, Inc., 405 So.2d 797 (Fla. 4th DCA 1981) are distinguishable because in those cases, there was testimony from an expert witness as to the value of t......
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Schultz v. Schickedanz
...objection at trial regarding the failure of the attorney to testify as to the services performed. See also Atl. Coast Dev. Corp. v. Hofco, Inc., 405 So.2d 797, 797 (Fla. 4th DCA 1981). Our holding was made specifically "in view of appellant's objection" to the lack of testimony. Cohen, 400 ......
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