sunEthics

Lawyer who failed to testify in support of his attorney's fee request precluded from receiving award of fees.  [Added 1/23/12]

    A condominium association was awarded attorney's fees as the prevailing party in a suit.  The losing unit owners appealed the award of attoney's fees to lawyer Perez-Martinez.  The Fourth DCA reversed, agreeing with the unit owners "that it was error to award fees to attorney Perez-Martinez.  Perez-Martinez failed to testify at the hearing and is therefore precluded from an award of attorney’s fees.  See Quality Holdings of Fla., Inc. v. Selective Invs., IV, LLC, 25 So.3d 34 (Fla. 4th DCA 2009). On remand, the trial court shall issue an amended order which does not include hours billed by Perez-Martinez."  Neitlich v. Thirty-Three Sixty Condominium Ass'n, Inc., __ So.3d ___ (Fla. 4th DCA, No. 4D10-3052, 1/18/2012).

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