Compass Constr. Inc. v. First Baptist Church of Cape Coral

Decision Date27 May 2011
Docket NumberNo. 2D09–5455.,2D09–5455.
PartiesCOMPASS CONSTRUCTION, INC., Appellant,v.FIRST BAPTIST CHURCH OF CAPE CORAL, FLORIDA, INC., Appellee.
CourtFlorida District Court of Appeals

61 So.3d 497

COMPASS CONSTRUCTION, INC., Appellant,
v.
FIRST BAPTIST CHURCH OF CAPE CORAL, FLORIDA, INC., Appellee.

No. 2D09–5455.

District Court of Appeal of Florida, Second District.

May 27, 2011.


Appeal from the Circuit Court for Lee County; Lynn Gerald, Jr., Judge.Curtright C. Truitt of Curtright C. Truitt, P.A., Fort Myers, for Appellant.W. Gus Belcher, II, of Nuckolls, Johnson, Belcher & Ferrante, P.A., Fort Myers, for Appellee.WALLACE, Judge.

We reverse the final judgment for attorney's fees and remand for the entry of an amended final judgment for attorney's fees to be calculated in accordance with the agreed hourly rate stated in the applicable fee agreement. See Compass Constr., Inc. v. First Baptist Church of Cape Coral, Fla., Inc., 61 So.3d 1273, 2011 WL 2091149 (Fla. 2d DCA 2011). We certify that our decision is in direct conflict with the Fourth District's decision in Wolfe v. Nazaire, 758 So.2d 730 (Fla. 4th DCA 2000).

Reversed and remanded with directions.

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