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Compass Construction, Inc. v. First Baptist Church of Cape Coral

Citations: 61 So. 3d 497; 2011 Fla. App. LEXIS 7709; 2011 WL 2119563Docket: No. 2D09-5455

Court: District Court of Appeal of Florida; May 27, 2011; Florida; State Appellate Court

Narrative Opinion Summary

The final judgment regarding attorney’s fees is reversed and remanded for recalculation based on the agreed hourly rate in the applicable fee agreement, as established in Compass Constr. Inc. v. First Baptist Church of Cape Coral, Fla. Inc. The court certifies that this decision conflicts with the Fourth District's ruling in Wolfe v. Nazaire. The judgment is reversed and remanded with specific directions for the amended final judgment. Judges Northcutt and Davis concur with this decision.

Legal Issues Addressed

Conflict with Other District Rulings

Application: The court's decision is noted to be in conflict with a previous ruling by a different district, specifically the Fourth District's ruling.

Reasoning: The court certifies that this decision conflicts with the Fourth District's ruling in Wolfe v. Nazaire.

Recalculation of Attorney's Fees

Application: The court determined that attorney's fees must be recalculated based on the agreed hourly rate as outlined in the fee agreement.

Reasoning: The final judgment regarding attorney’s fees is reversed and remanded for recalculation based on the agreed hourly rate in the applicable fee agreement, as established in Compass Constr. Inc. v. First Baptist Church of Cape Coral, Fla. Inc.

Reversal and Remand for Amended Judgment

Application: The court issued a reversal and remand with instructions for entering an amended final judgment.

Reasoning: The judgment is reversed and remanded with specific directions for the amended final judgment.