Legal Opinion

Kurgan v. Morton D. Weiner/AMPAC, Inc.

District Court of Appeal of Florida

Decided December 22, 2010No. 3D10-14PublishedCited by 1 opinion

1Opinion of the CourtLagoa, J.

Appellant Michael J. Kurgan appeals from a final judgment awarding attorney’s fees and costs to appellee Morton D. Weiner/AMPAC, Inc., under section 57.105, Florida Statutes (2009). Based on appel-lee’s confession of error and this Court’s own review of the record, we reverse the trial court’s entry of final judgment.

Because the order on appeal assesses attorney’s fees without making the statutory findings required under section 57.105 to support the award, we are compelled to reverse. See Valdes v. Lovaas, 784 So.2d 474 (Fla. 3d DCA 2001); Russo & Baker, P.A. v. Fernandez, 752 So.2d 716…

2Cases cited6 opinions

  1. Goldberg v. WattsDistrict Court of Appeal of Florida · 2003
  2. Shortes v. HillDistrict Court of Appeal of Florida · 2003
  3. Broad and Cassel v. Newport Motel, Inc.District Court of Appeal of Florida · 1994
  4. RUSSO & BAKER v. FernandezDistrict Court of Appeal of Florida · 2000
  5. Valdes v. LovaasDistrict Court of Appeal of Florida · 2001

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3Cited by1 opinion

  1. SANS SOUCI GATED HOMEOWNERS ASSOCIATION, INC. v. OLEG LUKOVDistrict Court of Appeal of Florida · 2021

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