ROGER VELTON OLIVER, APPELLANT,
v.
GEORGE WORD ET AL., APPELLEES
ROGER VELTON OLIVER, APPELLANT,
GEORGE WORD ET AL., APPELLEES
388 So. 2d 638
Florida District Court of Appeal, First District (1980)
Positive Treatment
Cited by 5 cases
Opinion of the Court
MILLS, Chief Judge.
Roger V. Oliver appeals from a final summary judgment in favor of the defendants. Our review of the record reveals that there are genuine issues of material fact remaining in this case and summary judgment was improper. Rule 1.510, Fla.R.Civ.P. Accordingly, the summary judgment is REVERSED and this cause is REMANDED for further proceedings consistent with this opinion.
McCORD and JOANOS, JJ., concur.
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LaFERNEY v. Scott Smith Oldsmobile, Inc., 410 So. 2d 534 (Fla. 5th DCA 1982)…s fee award could only be allowed on the “coverage” issue as opposed to the “liability” issue under section 627.-428, and reversed and remanded the award for failure to make that allocation. Similarly in Hamilton v. Palm Chevrolet-Olds-mobile, Inc., 388 So. 2d 638 (Fla.2d DCA 1980), the court reversed an attorney fee award under section 501.2105 because it included time spent on a punitive damage [*536] claim, which is outside the scope of Chapter 501. However, in this case, the testimony and the pleadings t…
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Heindel v. Southside Chrysler-Plymouth, Inc., 476 So. 2d 266 (Fla. 1st DCA 1985)…n unless the attorney’s services clearly were not related in any way to establishing or defending an alleged violation of chapter 501. In arguing for the necessity of apportionment, appellant relies upon Hamilton v. Palm Chevrolet-Oldsmobile, Inc., 388 So. 2d 638 (Fla. 2d DCA 1980), and LaFerney v. Scott Smith Oldsmobile, Inc., 410 So. 2d 534 (Fla. 5th DCA 1982). In Hamilton appellants sued appellees for violating chapter 501 and sought punitive damages. Final judgment was entered for appellees and they were…
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Trumbull Ins. Co. v. Wolentarski, 2 So. 3d 1050 (Fla. 3d DCA 2009)…work on non-compensable issues, and the trial court fails to allocate what is recoverable and what is not, the appellate courts will find an abuse of discretion and reverse the matter for a new hearing); Hamilton v. Palm Chevrolet-Oldsmobile, Inc., 388 So. 2d 638, 639 (Fla. 2d DCA 1980) (vacating award of fees and directing trial court to conduct new hearing to determine a reasonable fee for attorneys based on services for which fees were recoverable).…
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