Legal Opinion · Dissent

Key West Seaside, LLC v. Certified Lower Keys Plumbing, Inc.

District Court of Appeal of Florida

Decided September 2, 2015No. 3D13-2589Published

1DissentLogue, J.

For me, the dispositive legal point in this case is Seaside’s failure to provide a copy of the transcript of the evidentiary hearing which formed the basis for the trial court’s detailed and well-reasoned order. The order under review specifically states it is based on testimony taken at a hearing on August 22, 2013. Without reviewing the evidence presented and any findings the trial court made orally at the hearing, we are not in a position to opine that the trial court abused its discretion in denying Seaside attorney’s fees for its nominal offer of judgment.

The most basic, black letter…

2Cases cited6 opinions

  1. Applegate v. Barnett Bank of TallahasseeSupreme Court of Florida · 1979
  2. Eagleman v. EaglemanDistrict Court of Appeal of Florida · 1996
  3. Thornber v. City of Fort Walton BeachDistrict Court of Appeal of Florida · 1988
  4. State Farm Florida Insurance Co. v. Laughlin-AlfonsoDistrict Court of Appeal of Florida · 2013
  5. Bank One, Corp. v. BornscheinDistrict Court of Appeal of Florida · 2008

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