Richard M. Samuel v. Hamptons West Condominium Association, Inc.
The Third DCA affirmed a trial court's award of $10,595 in appellate attorney's fees plus $1,000 in costs to a condominium association, following a prior appeal in which the association prevailed and the court granted its motion for appellate fees and remanded to fix the amount. The pro se appellant's challenge—centered on alleged abuse of discretion and due process violations arising from denial of a last-minute continuance request—was rejected, the court finding the trial court had already rescheduled the hearing twice to accommodate appellant and he had two months' notice of the remote Zoom hearing.
Key facts
- In a prior appeal (Samuel v. Hamptons W. Condo. Ass'n, Inc., 352 So. 3d 907 (Fla. 3d DCA 2022)), the Third DCA affirmed the trial court's attorney's fees award to Hamptons West and granted the association's motion for appellate attorney's fees, remanding to the trial court to fix the amount.
- The trial court scheduled a 30-minute Zoom hearing on the appellate fee amount and rescheduled it on at least two occasions to accommodate the pro se appellant.
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Holdings
- A motion for continuance is addressed to the sound judicial discretion of the trial court, and absent an abuse of that discretion the court's decision will not be reversed on appeal.
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