Leo John Guerin, Jr. v. Countryside North Community Association, Inc.
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 24, 2023
Docket2D22-2004
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
LEO JOHN GUERIN, JR.,
Appellant,
v.
COUNTRYSIDE NORTH COMMUNITY ASSOCIATION, INC.,
Appellee.
No. 2D22-2004
February 24, 2023
Appeal pursuant to Fla. R. App. P. 9.030 from the County Court for
Pinellas County; Susan Bedinghaus, Judge.
Leo John Guerin, Jr., pro se.
Stephan C. Nikoloff of Greenberg Nikoloff, P.A., Dunedin, for Appellee.
LABRIT, Judge.
Leo John Guerin, Jr., appeals a final judgment of foreclosure
rendered in favor of the Countryside North Community Association, Inc.
(Association). We affirm the final judgment in all respects but one. The
final judgment awards $265.02 in attorneys' fees to the Association for
work of the Association's prior counsel, but the judgment lacks specific
findings on prior counsel's reasonable hourly rate and the number of
hours prior counsel reasonably expended. These findings are required
by Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.
1985), and the final judgment is facially erroneous without them. See
Harris v. McKinney, 20 So. 3d 400, 403 (Fla. 2d DCA 2009) ("[T]he
absence of the required [Rowe] findings in the written order renders the
order fundamentally erroneous on its face . . . ."); see also R.M.A. v.
J.A.S., 269 So. 3d 649, 652 (Fla. 2d DCA 2019) ("Reversal is required
unless the trial court makes specific written findings as to [the] Rowe
factors."). We therefore reverse the final judgment in this limited respect
and remand with instructions that the trial court make specific findings
on prior counsel's fees as Rowe requires. We affirm the remainder of the
final judgment without comment.1
Affirmed in part, reversed in part, and remanded with instructions.
NORTHCUTT and CASANUEVA, JJ., Concur.
Opinion subject to revision prior to official publication.
1 We note, however, that there appears to be a calculation error in
the total attorneys' fees awarded in the final judgment, which the trial
court should address on remand. The total award stated in paragraph 1
of the judgment ($2,790.02) differs from the total of the components
listed in paragraph 9 of the judgment ($2,734.82).
2