Sheila Diwaker v. Montecito Palm Beach Condominium Association
143 So. 3d 958
| Fla. Dist. Ct. App. | 2014Background
- Association filed a December 2008 foreclosure complaint for unpaid regular and special assessments on the Diwakar property.
- Trial centered on the amount of attorneys’ fees; only one witness, paralegal Schultz, testified about the fee amount based on a 2008 lien letter and account history.
- Account history showed $45,694.50 in attorneys’ fees but lacked detail about timekeepers, hours, or work performed; affidavit supporting the fees existed but was not admitted at trial.
- January 2013 final judgment stated $20,976.12 for delinquent monthly maintenance assessments through January 31, 2013, separate from late fees and interest; court noted numbers needed updating.
- Appellate court reversed the award of attorneys’ fees for lack of competent substantial evidence and remanded for additional evidence; also found the delinquent-assessments amount not supported by the record and remanded to revise or explain support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Attorneys’ fees lack competent evidence | Diwakar argues fee award is unsupported by competent evidence. | Association contends evidence suffices to support fees. | Reversed and remanded for additional evidence. |
| Delinquent assessments amount unsupported | Diwakar asserts amount reflects only July 2010–October 2012 and should be lower. | Association maintains higher amount reflects all post-July 2010 delinquencies. | Reversed and remanded to modify judgment or justify the amount. |
Key Cases Cited
- Tutor Time Merger Corp. v. MeCabe, 763 So.2d 505 (Fla. 4th DCA 2000) (fees must be supported by hours and reasonable rates; expert testimony may be required)
- Glantz & Glantz, P.A. v. Chinchilla, 17 So.3d 711 (Fla. 4th DCA 2009) (abuse of discretion; fees must be supported by competent evidence)
- Effective Teleservices, Inc. v. Smith, 132 So.3d 335 (Fla. 4th DCA 2014) (upholds fee awards supported by substantial evidence)
- DM Records, Inc. v. Turnpike Commercial Plaza, Phase II Condo. Ass’n, 894 So.2d 1030 (Fla. 4th DCA 2005) (waiver of fee-evidence objection when affidavits treated as evidence)
- Rodriguez v. Campbell, 720 So.2d 266 (Fla. 4th DCA 1998) (remand when essential evidentiary support is missing)
- Siewert v. Casey, 80 So.3d 1114 (Fla. 4th DCA 2012) (appellate review requires competent substantial evidence)