Seminole County v. Boyle Inv. Co.

Decision Date30 October 1998
Docket NumberNo. 97-2083,97-2083
Citation719 So.2d 1004
Parties23 Fla. L. Weekly D2432 SEMINOLE COUNTY, Appellant, v. BOYLE INVESTMENT COMPANY, etc., et al., Appellees.
CourtFlorida District Court of Appeals

Appeal from the Circuit Court for Seminole County; Alan A. Dickey, Judge.

Robert A. McMillan and Henry M. Brown, Sanford, for Appellant.

Arthur J. England, Jr., of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, for Appellees.

DAUKSCH, Judge.

This is an appeal from attorney's fees and costs awards in an eminent domain case.

We find no error in the method used and result obtained in setting the attorney's fees, in this unique case.

We do find error in the award of expert witness fees for appellees' experts who testified about the amount of fees to be awarded. State Farm Fire & Cas. Co. v. Palma, 629 So.2d 830 (Fla.1993); Department of Transp., State of Florida v. Robbins & Robbins, Inc., 700 So.2d 782 (Fla. 5th DCA 1997), cert. dismissed, 716 So.2d 769, 23 Fla. L. Weekly S424 (Fla.1998). We reverse that award.

We also find error in requiring appellant to pay interest on the fees award between the date of the settlement determining entitlement of the fees until the date of the determination by the court of the amount of the fees. The delay time between those events is not attributable to appellant in this case. See also Hartleb v. State, Dep't of Transp., 711 So.2d 228 (Fla. 4th DCA 1998); State of Florida, Dep't of Transp. v. Interstate Hotels Corp., 709 So.2d 1387 (Fla. 3d DCA 1998). The award of interest is reversed.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

GRIFFIN, C.J., and ANTOON, J., concur.

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4 cases
  • Seminole County v. Chandrinos
    • United States
    • Florida District Court of Appeals
    • May 31, 2002
    ...court has held that the time spent litigating the amount of an attorney's fee is not compensable. See, e.g. Seminole County v. Boyle Inv. Co., 719 So.2d 1004 (Fla. 5th DCA 1998) (trial court erred by awarding expert witness fees for experts who testified about the amount of attorney's fees ......
  • Fla. Dep't of Agric. & Consumer Servs. & the Fla. Comm'r of Agric. v. Bogorff
    • United States
    • Florida District Court of Appeals
    • January 22, 2014
    ...to its attorney. Id.;see also State Dep't of Transp. v. Patel, 768 So.2d 1173, 1175 (Fla. 2d DCA 2000); Seminole Cnty. v. Boyle Inv. Co., 719 So.2d 1004, 1004 (Fla. 5th DCA 1998) (error to award expert fee for testifying regarding amount of fee). Section 73.091(1) supports this view, as it ......
  • Fla. Dep't of Agric. & Consumer Servs. v. Bogorff
    • United States
    • Florida District Court of Appeals
    • November 20, 2013
    ...to its attorney. Id.; see also State Dep't of Transp. v. Patel, 768 So. 2d 1173, 1175 (Fla. 2d DCA 2000); Seminole Cnty. v. Boyle Inv. Co., 719 So. 2d 1004, 1004 (Fla. 5th DCA 1998) (error to award expert fee for testifying regarding amount of fee). Section 73.091(1) supports this view, as ......
  • Seminole County v. Boyle Inv. Co.
    • United States
    • Florida District Court of Appeals
    • January 8, 1999
    ...and remand this matter so that the trial court can determine the appropriate amount of the award. In Seminole County v. Boyle Investment Company, 719 So.2d 1004 (Fla. 5th DCA 1998), Seminole County appealed the trial court's order awarding attorney's fees in favor of Boyle. Seminole County ......

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