The Florida Fourth District Court of Appeal in West Palm Beach, Florida. $0 Attorney Award Reversed for Further Consideration Due to Confusion in Procedures During Pandemic
"This case took place during a pandemic where court procedures departed from the norm," Judge Melanie G. May wrote on behalf of the three-judge appellate panel. "Plaintiff's counsel should have been aware of the trial court's instructions, but once it became apparent that plaintiff's counsel was not in compliance with those instructions, his only alternative was to ask for additional time to comply, which he did. The court had already ruled on the plaintiff's entitlement to fees and costs, but then refused to award them when plaintiff's counsel failed to appreciate the procedures required due to the pandemic."
October 28, 2022 at 04:31 PM
6 minute read
Florida's Fourth District Court of Appeal reversed a trial court's refusal to reopen an evidentiary hearing for the plaintiff's counsel to submit time sheets as evidence, as there was apparent misunderstanding how to handle the procedure in the midst of virtual court hearings.
The plaintiff, Melissa Kloppe, purchased a vehicle and later discovered that Off Lease Only's dealership allegedly concealed information about the vehicle's accident history. An arbitrator found the defendant liable for violating the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and awarded her $2,800 in damages. The arbitrator also found that Kloppe was entitled to attorney fees, according to the court's opinion filed Wednesday.
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