LINGO v. DOLPHIN COVE ESTATE INC (2001)

District Court of Appeal of Florida,First District.

Max Leland LINGO and Mary Ann Lingo, Appellants, v. DOLPHIN'S COVE ESTATE, INC., Appellee.

No. 1D00-3406.

Decided: October 02, 2001

Bert E. Moore of Bert Moore, P.A., Niceville, for Appellants. Mark D. Davis of Andrews & Davis, DeFuniak Springs, for Appellee.

We affirm the judgment on the pleadings. However, as appellee concedes, it was error to award attorney's fees without making findings concerning the reasonableness of either the hourly rate or the number of hours expended. See Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985). Accordingly, we reverse the award of attorney's fees and remand for further proceedings consistent with this opinion.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

PER CURIAM.

WEBSTER, BROWNING and POLSTON, JJ., concur.

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