Summary
finding that the trial court erred by determining attorney's fees "merely on contested, untimely affidavits"
Summary of this case from Horowitz v. Rossdale CLE, Inc.Opinion
No. 90-1620.
June 27, 1991. Rehearing Denied July 16, 1991.
Appeal from the Circuit Court, Volusia County; Uriel Bount, Jr., Judge.
Lawrence M. Kosto and Raymond J. Rotella, P.A., Orlando, for appellants.
Walter E. Foster, Jr., Foster, Ramos Foster, Daytona Beach, for appellee.
We affirm the summary judgment of foreclosure but reverse the judgment for attorneys fees. We find that the judge erred in determining attorneys fees merely on contested, untimely affidavits.
AFFIRMED in part; REVERSED and REMANDED for reconsideration of attorney's fees.
PETERSON and DIAMANTIS, JJ., concur.