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IN THE DISTRICT COURT~OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT JANUARY TERM 1980
RICHARD F. HAYES, )
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Appellant, ) CASE NO. 78-2273.
v. )
) NOT FI1~~ T_ L'`rTiL TI~ir E`CPiRES
VINCENT A. LLOYD, ) 'i'p 11LE ~ _ ~ pE-I-ITION
Appellee . ) AND, 1F FIL;:D~ D:~r'CS~'D OF.
Opinion filed June 18, 1980
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Appeal fro,~~ suurzary judgment from ~
the Circuit Court for St. Lucie q8Q auG 21 ~ ~ 39 ~
County; Royce R. Lewis, Judge.
Richard F. Hayes, pro se, Coral S1~Ew1E~pFE~~~~
Gables , appellant . ~06ER POITRAS
CLERK CiRCU1T COWtT
Vincent A . Lloyd of Lloyd and Brown, R~coRn ~~P!~tEa___
Fort Pierce, for appellee. 496935
PER CURIAM.
This is an appeal from the entry of a final summary t
judgment in a suit for attorneys fees. The record unequivo-
cally establishes an agreement between the parties for legal !
services to be compensated by a reasonable fee. Concurrent
with the filing of the motion for summary judgment and affi-
i davit in support thereof, appellee filed an affidavit, .executed
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~ by an attorney not involved in the litigation, which set forth
his opinion as to what amount constituted a reasonable attorneys
fee. Neither in his counter-affidavit, nor at the hearing on
the motion for summary judgment, did appellant contest the use
of affidavits to establish a reasonable fee. Given the state
of the record and counsel's failure to object to the use of
affidavits to establish a reasonable feel, we find appellant
has waived the point and the judgment below is
AFFI Rl~.ED .
LETTS, C.J., GLICK~TEIN and .HURLEY, JJ., concur.
1Cf. Geracci v. Kozloski, 377 So.2d 811 (Fla. 4th DCA 1979).
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8tN1K JJ~ P1;6E
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