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Top citers, strongest first. 9 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Nova Southeastern University, Inc. v. Garratt- Callahan Company
Carl Domino, Inc. v. Dixon, 413 So. 3d 157 , 165 (Fla. 4th DCA 2025). “[T]he party seeking fees has the burden to allocate them to the issues for which fees are awardable or to show that the issues were so intertwined that allocation is not feasible.” Effective Teleservices, Inc. v. Smith, 132 So. 3d 335, 339 (Fla. 4th DCA 2014) (quoting Chodorow v. Moore, 947 So. 2d 577, 579 (Fla. 4th DCA 2007)).
discussed
Cited as authority (rule)
Florida Recovery Solutions, Inc. v. Westport Recovery Corporation
“We will uphold a trial court’s award of attorneys’ fees so long as it is supported by substantial, competent evidence.” Effective Teleservices, Inc. v. Smith, 132 So. 3d 335, 341 (Fla. 4th DCA 2014). 2 when initially presented (a) [w]as not supported by the material facts necessary to establish the claim or defense; or (b) [w]ould not be supported by the application of then-existing law to those material facts.
discussed
Cited as authority (rule)
STEPHEN CHARLES FISCHER, as Trustee of the Dorothy L. Fischer Trust v. SUSAN ANN FISCHER, as Co-Trustee, etc. and SANDRA FISCHER FRASER, as Co-Trustee, etc.
(2×)
also: Cited "see"
“The party seeking fees has the burden to allocate them to the issues for which fees are awardable or to show that the issues were so intertwined that allocation is not feasible.” Effective Teleservices, Inc. v. Smith, 132 So. 3d 335, 339 (Fla. 4th DCA 2014) (quoting Chodorow v. Moore, 947 So. 2d 577, 579 (Fla. 4th DCA 2007)).
discussed
Cited as authority (rule)
Fernau v. Enchante Beauty Products, Inc.
It was the Defendants’ burden to “allocate time for which fees are awardable or to show that the issues are so intertwined that allocation is unfeasible” such that the Plaintiffs do not end up paying fees “for the claims that did not provide for such an award by either contract or statute.” Effective Teleservices, Inc. v. Smith, 132 So. 3d 335, 340-41 (Fla. 4th DCA 2014).
cited
Cited as authority (rule)
Boswell v. Shirley's Personal Care Services of Okeechobee, Inc.
The dissent suggests that we are in conflict with Effective Teleservices, Inc. v. Smith, 132 So.3d 335, 340-41 (Fla. 4th DCA 2014) (May, J.).
discussed
Cited as authority (rule)
Bruce Freiman v. National City Mortgage Co.
“The standard of review of an award of attorneys’ fees is abuse of discretion.” Diwakar v. Montecito Palm Beach Condo, Ass’n, Inc., 143 So.3d 958, 960 (Fla. 4th DCA 2014). “ *We will uphold a trial court’s award of attorneys’ fees so long as it is supported by substantial, competent evidence.’ ” Id. (quoting Effective Teleservices, Inc. v. Smith, 132 So.3d 335, 341 (Fla. 4th DCA 2014)).
discussed
Cited as authority (rule)
22ND Century Properties, LLC and David F. Damerau v. FPH Properties, LLC
“Conversely, ‘claims are separate and distinct when they could support an independent action and are not simply alternative theories of liability for the same wrong.’ ” Effective Teleservices, Inc. v. Smith, 132 So.3d 335, 339 (Fla. 4th DCA 2014) (quoting Avatar Dev.
discussed
Cited as authority (rule)
Sheila Diwaker v. Montecito Palm Beach Condominium Association
“We will uphold a trial court’s award of attorneys’ fees so long as it is supported by substantial, competent evidence.” Effective Teleservices, Inc. v. Smith, 132 So.3d 335, 341 (Fla. 4th DCA 2014) (citation omitted).
discussed
Cited "see"
Carl Domino, Inc. and Carl Domino, Individually v. Michael Dixon
Where the claims are . . . distinct from each other . . . , no attorney’s fees are awardable if the attorney billing records do not support the fee. 55 So. 3d at 614-15 ; accord Effective Teleservices, Inc. v. Smith, 132 So. 3d 335 (Fla. 4th DCA 2014).
Retrieving the full opinion text from the archive…
Alex GUTIERREZ
v.
STATE of Florida
v.
STATE of Florida
No. 4D13-2561.
District Court of Appeal of Florida, Fourth District.
Jan 22, 2014.
Alex Gutierrez, Miami, pro se., Pamela Jo Bondi, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.
Ciklin, Forst, Stevenson.
Published
PER CURIAM.
In its response to this court’s order to show cause, the State concedes that appellant’s February 13, 2012 amended postcon-viction motion should have been treated as timely filed. Accordingly, we reverse and remand for further proceedings on the amended motion.
Reversed and remanded.
STEVENSON, CIKLIN and FORST, JJ., concur.