DM RECORDS, INC. v. TURNPIKE COMMERCIAL PLAZA, PHASE II, CONDOMINIUM ASSOCIATION, INC.

No. 4D03-4978.

894 So.2d 1030 (2005)

DM RECORDS, INC., Appellant, v. TURNPIKE COMMERCIAL PLAZA, PHASE II, CONDOMINIUM ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

January 19, 2005.


Attorney(s) appearing for the Case

Mark Goldstein and Richard C. Wolfe of Wolfe & Goldstein, P.A., Miami, for appellant.

Helene Hvizd Morris, West Palm Beach, and Tamar Duffner Shendell of Shendell & Associates, P.A., Lighthouse Point, for appellee.


KLEIN, J.

Appellant DM Records, Inc. raises several issues involving an award of attorney's fees imposed as a sanction, but we affirm, addressing only whether the lack of testimony of counsel performing the work can be raised for the first time on appeal. We hold that it cannot.

At the hearing, Turnpike's counsel did not testify, but she had filed an affidavit reflecting the work she had performed. Her expert reviewed the affidavit and testified

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