TOEMMES V. SITES

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2003 LYNNE M. TOEMMES, Appellant, ** ** vs. ** CASE NO. DOROTHY E. SITES, ** LOWER TRIBUNAL NO. Appellee. ** 3D02-43 99-10662 Opinion filed June 11, 2003. An Appeal from the Circuit Court for Miami-Dade County, Jennifer D. Bailey, Judge. A.P. Walter; and Michael R. Seward, for appellant. Reimer & Rosenthal, and David H. Reimer; and Michael J. Getelman, for appellee. Before SHEVIN, RAMIREZ, and WELLS, JJ. PER CURIAM. Lynne M. Toemmes appeals from a final judgment awarding fees, damages, and costs to Dorothy E. Sites pursuant to sections 64.081 and 57.105, Florida Statutes (2000). We affirm the award of attorney s fees and costs in Sites favor, but remand for the proper allocation of fees awarded pursuant to section 57.105. The final judgment should reflect that the fees are to be paid to the prevailing party in equal amounts by the losing party and the losing party s attorney. See § 57.105(1), Fla. Stat. (2000). 2

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