Romney v. Barbetta


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Docket Number: 2003-CA-01676-COA
Court of Appeals: Opinion Link
Opinion Date: 09-07-2004
Opinion Author: King, C.J.
Holding: Affirmed
Additional Case Information: Topic: Property damage - Attorneys’ fees
Judge(s) Concurring: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ.
Procedural History: Jury Trial
Nature of the Case: CIVIL - REAL PROPERTY
Trial Court: Date of Trial Judgment: 07-14-2003
Appealed from: Hancock County Circuit Court
Judge: Kosta N. Vlahos
Disposition: PLAINTIFFS WERE DENIED ATTORNEY'S FEES.
Case Number: A2301-97-00148
  Party Name: Attorney Name:  
Appellant: Tony Romney and Michelle Romney




 JOSEPH GERALD ALBE



  
Appellee: Calvin Steve Barbetta d/b/a Barbetta Heating & Air Conditioning PRO SE  
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Topic: Property damage - Attorneys’ fees
Summary of the Facts: Tony and Michelle Romney filed a complaint against Calvin Barbetta for negligence, breach of contract, bad faith breach of contract, and/or fraud. The jury rendered a verdict in favor of the Romneys. The court entered a judgment for the Romneys but denied their attorney's fees. Although an amended judgment later awarded attorney's fees to the Romneys, an order entered subsequently denied such relief. The Romneys appeal.
Summary of Opinion Analysis: The Romneys argue that the court improperly modified the judgment granting them attorney's fees by subsequently denying an award of these fees. While the court may find a case appropriate for the award of attorney's fees, the actual award of attorney's fees is still dependent upon specific proof. When a party fails to present competent evidence to determine attorney's fees, the award may be denied. Here, the court determined that although the Romneys were entitled to attorney's fees, they did not offer sufficient proof upon which to make an actual award of attorney's fees. The court’s decision not to enter an actual award was not error.


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