Wednesday, October 7, 2009

Third District Reverses Fee Award For Insufficient Notice - $31,000 In Fees For Default Judgment

In 1445 Washington Limited Partnership v. Lemontang (3D09-21), the Third District reversed the trial court's award of attoreys' fees in the amount of $31,000 after only eight days notice.  The Third District held it was insuficient notice to prepare for an evidentiary hearing and that no evidence was offered to support the $31,000 amount for the entry of a default judgment.  The court stated:
Here, the partnership was not afforded reasonable notice or an opportunity to be heard before the trial court awarded attorney’s fees. Lemontang served the motion for attorney’s fees and the notice of hearing at the partnership’s place of business only a few days before the scheduled hearing. This left the partnership with insufficient time to prepare for an evidentiary hearing. Additionally, the trial court’s order awards Lemontang’s counsel $31,500 in fees without stating what, if any, evidence Lemontang presented to prove that the amount was reasonable for a simple default action.
*Disclaimer: Terrance "TW" Anderson and/or GrayRobinson, P.A. were involved in the above-referenced action.


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