Giltex Corp. v. Diehl, 583 So. 2d 734 (Fla. 1st DCA 1991). · Go Syfert
Giltex Corp. v. Diehl, 583 So. 2d 734 (Fla. 1st DCA 1991). Cases Citing This Book View Copy Cite
32 citation events (26 in the last 25 years) across 1 distinct court.
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At page 735 Reversing fee awards lacking specific findings on hourly rate7 citing cases“while the lack of a transcript or stipulated statement might otherwise require affirmance, this rule is not applicable in this case because the trial court's order is fundamentally erroneous on its face for failure to make the express findings required by rowe.”2 citing courts quote it
  • Gonzalo Bouquet v. Joanna Jones, 405 So. 3d 482 (Fla. 3d DCA 2025).published
    (recognizing that the absence of an evidentiary hearing transcript or stipulated statement of facts compels affirmance where the trial court’s order awarding attorney’s fees makes the express findings required by Florida…)
  • William a. Julia v. Melissa Ramos-baez, 395 So. 3d 1121 (Fla. 6th DCA 2024).published
    Renaissance Arts, Inc., 869 So. 2d 1232, 1232 (Fla. 2d DCA 2004); Giltex Corp. v. Diehl, 583 So. 2d 734, 735-36 (Fla. 1st DCA 1991).
  • Citizens Prop. Ins. Corp. v. Meghan Anderson, 241 So. 3d 221 (Fla. 2d DCA 2018).published
    (reversing and remanding attorneys' fees award despite lack of a transcript where order failed to contain findings required by Rowe)
  • MacArty v. MacArty, 29 So. 3d 434 (Fla. 2d DCA 2010).published 2 cites
    See Markovich v. Markovich, 974 So.2d 600, 601 (Fla. 2d DCA 2008); Giltex Corp. v. Diehl, 583 So.2d 734, 735 (Fla. 1st DCA 1991).
  • Esaw v. Esaw, 965 So. 2d 1261 (Fla. 2d DCA 2007).published
    Giltex Corp. v. Diehl, 583 So.2d 734, 735-36 (Fla. 1st DCA 1991), held that even though a transcript and stipulated statement of the evidence were lacking, an order awarding attorney's fees should be reversed "because the trial court's ord…
  • Brooks v. Walker-Brooks, 119 So. 3d 552 (Fla. 1st DCA 2013).published
    Fund v. Rowe, 472 So.2d 1145 (Fla.1985)); see also Giltex Corp. v. Diehl, 583 So.2d 734, 735 (Fla. 1st DCA 1991).
  • Harris v. McKinney, 20 So. 3d 400 (Fla. 2d DCA 2009).published
At page 736 The general rule that a party is estopped to seek reversal of a judgment, where the party recovering judgment or decree accepts the benefits thereof, does not apply when the amount found in favor of the litigant by the judgment or decree is due him in any event—when there is no controversy over hi…1 citing case1 citing court put it this way
  • Grant v. Wester, 679 So. 2d 1301 (Fla. 1st DCA 1996).published
    (The general rule that a party is estopped to seek reversal of a judgment, where the party recovering judgment or decree accepts the benefits thereof, does not apply when the amount found in favor of the litigant by the…)
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
GILTEX CORPORATION, a Delaware corporation, Appellant,
v.
Raymond DIEHL, Jr., Appellee.
90-2793.
District Court of Appeal of Florida, First District.
Jul 23, 1991.
Published opinion
583 So. 2d 734
Smith.
Cited by 16 opinions  |  Published

[*735] Forrest K. Clinard of Young, van Assenderp, Varnadoe & Benton, P.A., Tallahassee, for appellant.

Carl R. Pennington, Jr. of Pennington, Wilkinson, Dunlap, Bateman and Camp, P.A., Tallahassee, for appellee.

SMITH, Judge.

Appellant, Giltex Corporation, was previously successful in demonstrating its entitlement to an attorney's fee as the prevailing party in a contract dispute involving the sale and purchase of real estate.[1] Upon remand, the trial court awarded a fee of $6500 — $4,500 for services rendered in the trial court and $2,000 for services rendered in the appeal. However, the trial court's order fails to set forth specific findings as to the hourly rate, the number of hours reasonably expended, and the appropriateness of the reduction or enhancement factors, contrary to Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145, 1151 (Fla. 1985). We reverse.

On appeal, appellee, Raymond Diehl, Jr., contends this court should not reach the question of the applicability of Rowe, because there is no transcript of the attorney's fee hearing below and the lack of a transcript constitutes an insufficient record which precludes appellate review. Clayton v. Clayton, 442 So.2d 310 (Fla. 1st DCA 1983) (decision of trial court has the presumption of correctness and appellant has burden to demonstrate error — lack of a trial transcript or a proper substitute is a fatal flaw in appellant's case). Next, Diehl contends that Rowe does not apply to a contract dispute like the one involved in this case. Stabinski, Funt & De Oliveira, P.A. v. Alvarez, 490 So.2d 159 (Fla. 3d DCA 1986). Finally, Diehl contends that Giltex's acceptance of a cashier's check for $6500, subsequent to filing its notice of appeal, constitutes an acceptance of the benefits of the trial court's final order and Giltex is estopped to seek reversal of that order on appeal. McMullen v. Fort Pierce Financing & Construction Co., 108 Fla. 492, 146 So. 567 (Fla. 1933). We reject each of appellee's arguments.

Rowe requires the trial court in determining the proper amount of attorney's fees to set forth specific findings as to the hourly rate, the number of hours reasonably expended, and the appropriateness of the reduction or enhancement factors. If the court decides to adjust the lodestar, it must state the grounds on which it justifies the enhancement or reduction. Rowe, 472 So.2d at 1151. Rowe applies to this award of fees based upon a contract. Boyette v. Martha White Foods, Inc., 528 So.2d 539 n. 1 (Fla. 1st DCA 1988). In Boyette, this court rejected the reasoning of Stabinski, upon which appellee relies. While the lack of a transcript or stipulated statement might otherwise require affirmance, this rule is not applicable in this case because the trial court's order is fundamentally erroneous on its face for failure to make the express findings required by Rowe. Southeast Bank, N.A. v.[*736] David A. Steves, P.A., 552 So.2d 292, 293 (Fla. 2d DCA 1989).

Appellee's further contention, that the acceptance by appellant of the benefits of the judgment requires affirmance, was rejected by this court when it denied appellee's motion to dismiss, filed before consideration of this appeal on the merits. The general rule that a party is estopped to seek reversal of a judgment, where the party recovering judgment or decree accepts the benefits thereof, does not apply when the amount found in favor of the litigant by the judgment or decree is due him in any event — when there is no controversy over his right to receive and retain it — so that the only question to be determined by the appellate court is whether he is or is not entitled to a greater or additional sum. McMullen, 146 So. at 569 (Fla. 1933).

REVERSED and REMANDED for further proceedings consistent with this opinion.

JOANOS, C.J., and BARFIELD, J., concur.

1 Giltex Corp. v. Diehl, 544 So.2d 302 (Fla. 1st DCA 1989).