MARSHALL KESSLER AND ELLYN S. KESSLER, APPELLANTS,

v.

JULIA A. MEDOW AND BARNETT BANK & TRUST CO., N. A., APPELLEES

Citator

Cited By (22 total)

• Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)
  …er section 57.105. Hernandez v. Leiva, 391 So. 2d at 294. See also Executive Centers of America, Inc. v. Durability Seating & Interiors, Inc.; Denes & Denes & Associates, Inc. v. Walter E. Heller & Co.; Allen v. Estate of Dutton; MacBain v. Bowling, 374 So. 2d 75 (Fla.3d DCA 1979). Merely losing, either on the pleadings or by summary judgment, is not enough to invoke the operation of the statute. City of Deerfield Beach v. Oliver-Hoffman Corp., 396 So. 2d at 1188; Allen v. Estate of Dutton, 384 So. 2d at 175…
• Carola D. Allen v. Est. of Ellen C. Dutton, 384 So. 2d 171 (Fla. 5th DCA 1980)
  …Review, § 131. Attorney’s fees are properly costs in a case only when made so by statute. State ex rel. Royal Insurance Company v. Barrs, 87 Fla. 168, 99 So. 668 (1924); Giachetti v. Johnson, 308 So. 2d 143 (Fla.2d DCA 1975). Cf. McBain v. Bowling, 374 So. 2d 75 (Fla.3d DCA 1979). The Legislature in enacting chapter 78-275, Laws of Florida (Supp. 1978) clearly promulgated a new section to be known as section 57.105, Florida Statutes. The heading of chapter 57 in the statute books is “Court Costs.” By specif…
• Hernandez v. Leiva, 391 So. 2d 292 (Fla. 3d DCA 1980)
  …pressly found that the acquiring purchaser, as the prevailing party, was entitled under the statute to attorney’s fees because there was a complete absence of justiciable issue either in law or in fact as required by the statute. MacBain v. Bowling, 374 So. 2d 75 (Fla. 3d DCA 1979). At trial, after the buyer made out a prima facie case, the seller called no witnesses in her own behalf. Instead, she nominally attempted to create an issue by cross-examination of the plaintiff’s witness. The seller was called…

Authorities Cited

• Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)
• Lochrie v. Dickey, 70 So. 2d 371 (Fla. 1954)
• Benedict v. Dade Cnty. Realty, Inc., 274 So. 2d 553 (Fla. 3d DCA 1973)