JAMIE MESSANA v. SEASIDE COMMUNITY DEVELOPMENT CORP.

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMIE MESSANA, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF, IF FILED. CASE NO. 1D04-3270 SEASIDE COMMUNITY DEVELOPMENT CORP., Appellee. ____________________________/ Opinion filed August 5, 2005. An appeal from an order from the circuit court for Walton County. Joseph Q. Tarbuck, Judge. Thomas R. Thompson of Thompson, Crawford & Smiley, Tallahassee, Attorney for Appellant. John A. Unzicker, Jr., of Vernis & Bowling of Northwest Florida, P.A., Pensacola, Attorney for Appellee. PER CURIAM. Appellant seeks review of several of the trial court s evidentiary rulings and the order awarding attorney s fees. We affirm the trial court s evidentiary rulings without further comment. However, the trial court erred when it did not conduct an evidentiary hearing. In addition, the trial court s order awarding attorney s fees is deficient because it did not set forth specific findings regarding the attorney s hourly rate, the number of hours reasonably expended, and the appropriateness of reduction or enhancement factors. Florida Patient s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985); Teat v. City of Apalachicola, 880 So. 2d 819, 820 (Fla. 1st DCA 2004). Accordingly, we reverse the trial court s order with respect to the amount of fees and costs awarded and remand for an evidentiary hearing and for the purpose of making the necessary findings. AFFIRMED in part, REVERSED in part, and REMANDED. KAHN, C.J., BROWNING and THOMAS, JJ., CONCUR. -2-

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