The Wellness Center of London Square, Inc. v. DHL Express, Fla. 3d DCA, No. 21-10568 CC, August 7, 2024

Reviewing court bound to affirm fee award.

The county court entered a final judgment for the appellee, DHL Enterprises, and awarded fees and costs pursuant to Fla. Stat. 57.105(1). On its appeal, the appellant, The Wellness Center, did not challenge DHL’s entitlement to fees, only the specific amount of fees awarded by the court. However, because the record revealed no error in the lower court’s calculation of the fee awarded to DHL, and because The Wellness Center failed to provide a transcript of the evidentiary hearing where the lower court addressed the attorney’s fees, the reviewing court was bound to affirm the fee award. The reviewing court also reversed the portion of the final judgment that awarded costs to DHL because nothing in the text of Fla. Stat. 57.105(1) provides for the award of costs; citing to its decision in Law Offices of Borell, P.A. v. Acevedo, 322 So. 3d 1218, 1219 (Fla. 3d DCA 2021). 


 

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