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OHIO CASUALTY INS. COMPANY v. AVALON CONST., INC.

No. 83-627.

442 So.2d 390 (1983)

The OHIO CASUALTY INSURANCE COMPANY and William B. Frank, and Deborah Frank D/B/a Bougainvilla Court, a Partnership, Appellants, v. AVALON CONSTRUCTION, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

December 14, 1983.

Attorney(s) appearing for the Case

H.T. Maloney of Patterson & Maloney, Fort Lauderdale, for appellants.

Edward D. Popkin of Popkin & Shurpin, Fort Lauderdale, for appellee.

PER CURIAM.

Here, as conceded by the parties, the trial court erred in awarding attorney fees without taking testimony or conducting a hearing. We reverse the award of attorney fees and remand with instructions to conduct a hearing and accept testimony as to the amount of a reasonable fee.

Otherwise the final judgment is affirmed.

Affirmed in part; reversed in part; and remanded for further proceedings.

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