Thomas v. Perkins, No. 98-385

Decision Date21 October 1998
Docket Number No. 98-385
Citation723 So.2d 293
PartiesLeroy THOMAS, Appellant, v. Juanza PERKINS and John R. Perkins, Appellees.
CourtFlorida District Court of Appeals

Leroy Thomas, in proper person.

Robert E. Paige, Miami, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and GREEN, JJ.

PER CURIAM.

This is the third appeal of this cause before this court. In the first appeal, Wilson v. Satellite Mike, Inc., 691 So.2d 1110 (Fla. 3d DCA), review dismissed, 697 So.2d 513 (Fla.1997), we affirmed the lower court's involuntary dismissal of the appellant's amended complaint with prejudice. In the second appeal, Perkins v. Wilson, 697 So.2d 1276 (Fla. 3d DCA 1997) ("Wilson II"), we reversed the lower court's denial of attorney's fees and costs to appellees pursuant to their offer made in accordance with section 768.79, Florida Statutes (1995), and remanded for a determination of a reasonable amount. Appellant Leroy Thomas now appeals the judgment awarding attorney's fees and costs.

On this appeal, Thomas first attempts to challenge, on various grounds, the propriety of the appellees' entitlement to fees and costs pursuant to section 768.79 on various grounds. Under the doctrine of res judicata, our decision in Wilson II, however, forecloses all of such arguments. This doctrine precludes Thomas from raising any issues which were or should have been raised in the Wilson II appeal regarding the appellees' entitlement to fees and costs. See Walker v. Walker, 566 So.2d 1350, 1352 (Fla. 1st DCA 1990)

; Braden v. Braden, 436 So.2d 914, 915 (Fla. 2d DCA 1983).

Alternatively, Thomas argues that the fees and costs awarded by the trial court were excessive. Our standard of review on this issue is abuse of discretion. See Patterson v. Cuervo, 683 So.2d 205, 206 (Fla. 3d DCA 1996)

; Elliot v. Pallotti, 654 So.2d 1300, 1302 (Fla. 5th DCA 1995). We note, however, that the record before us does not contain a transcript of the hearing that was held to determine the amount of fees and costs. In the absence of a record of the evidence considered by the trial court in making this award, we cannot find that the trial court abused its discretion and must therefore affirm. See Girtman v. Girtman, 693 So.2d 631, 632 (Fla. 2d DCA 1997); Novom v. Novom, 513 So.2d 789, 790 (Fla. 3d DCA 1987).

Affirmed.

To continue reading

Request your trial
20 cases
  • Vlx Properties, Inc. v. Southern States Utilities, Inc.
    • United States
    • Florida District Court of Appeals
    • July 21, 2000
    ...Inc. v. Romay, 461 So. 2d 235 (Fla. 1st DCA 1984); see also Mulato v. Mulato, 734 So. 2d 477 (Fla. 4th DCA 1999); Thomas v. Perkins, 723 So. 2d 293 (Fla. 3d DCA 1998); School Bd. of Seminole County v. Unemployment Appeals Comm'n, 522 So. 2d 556 (Fla. 5th DCA VLX is currently the owner of ce......
  • Winn-Dixie Stores, Inc. v. Reddick
    • United States
    • Florida District Court of Appeals
    • April 26, 2007
    ...below. An appellate court reviews whether a trial court's award of costs is excessive for an abuse of discretion, Thomas v. Perkins, 723 So.2d 293, 294 (Fla. 3d DCA 1998); however, whether a cost requested may be awarded, at all, is a question of law to be reviewed de The FCRA does not in a......
  • Florida Dept. of Transp. v. Juliano
    • United States
    • Florida Supreme Court
    • November 21, 2001
    ...or reraising any aspect of its workers' compensation defense on remand after the first appeal of this cause. See Thomas v. Perkins, 723 So.2d 293, 294 (Fla. 3d DCA 1998) (under the doctrine of res judicata, appellant is precluded from raising any issues which were or should have been raised......
  • Topalli v. Feliciano
    • United States
    • Florida District Court of Appeals
    • March 22, 2019
    ...so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory."); Thomas v. Perkins, 723 So.2d 293, 294 (Fla. 3d DCA 1998) (affirming a fee and cost award where the appellant failed to include a transcript of the fee and cost hearing in the r......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT