Compass Const., Inc. v. First Baptist Church of Cape Coral, Fl., Inc.

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT COMPASS CONSTRUCTION, INC., Appellant, v. FIRST BAPTIST CHURCH OF CAPE CORAL, FLORIDA, INC., Appellee. ) ) ) ) ) ) ) ) ) ) ) Case No. 2D09-5455 Opinion filed May 27, 2011. Appeal from the Circuit Court for Lee County; Lynn Gerald, Jr., Judge. Curtright C. Truitt of Curtright C. Truitt, P.A., Fort Myers, for Appellant. W. Gus Belcher, II, of Nuckolls, Johnson, Belcher & Ferrante, P.A., Fort Myers, for Appellee. WALLACE, Judge. We reverse the final judgment for attorney's fees and remand for the entry of an amended final judgment for attorney's fees to be calculated in accordance with the agreed hourly rate stated in the applicable fee agreement. See Compass Constr., Inc. v. First Baptist Church of Cape Coral, Fla., Inc., No. 2D09-5444 (Fla. 2d DCA May 27, 2011). We certify that our decision is in direct conflict with the Fourth District's decision in Wolfe v. Nazaire, 758 So. 2d 730 (Fla. 4th DCA 2000). Reversed and remanded with directions. NORTHCUTT and DAVIS, JJ., Concur. -2-

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