Ryan v. City of Boynton Beach, ___ So. 3d ___, 40 Fla. L. Weekly D345 (Fla. 4th DCA February 4, 2015)
The appellate court, in an eminent domain case in which the municipal plaintiff prevailed on appeal, granted the defendant landowner’s motion for appellate attorney’s fees but “direct[ed] the trial court to ‘consider the result obtained on appeal in setting the amount of fees.’” On remand, the trial court refused to award fees to the defendant, but the appellate court reversed. Once the appellate court determined that the defendant was entitled to attorney’s fees, this ruling became the law of the case, and the trial court was not authorized to revisit it. Although the trial court could have discounted the fee based upon the results obtained, it could not refuse to award fees altogether.
[Editor’s Note: This summary does not address the court’s discussion of the unique aspects of attorney’s fee awards in eminent domain cases.]
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