GRANGER LUMBER COMPANY, INC., D/B/A: H. J. GRANGER & SONS, APPELLANT,
v.
GUS EDWARD PRESTON, APPELLEE
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ROBERT P. SMITH, Jr., Judge.
Granger Lumber Company appeals from a circuit court judgment awarding Preston an attorney’s fee incident to a judgment for money found to be payable by Granger to Preston pursuant to an employment contract. The attorney's fee award apparently is predicated on the trial court’s conception of this action as one for an accounting or other equitable proceeding comparable to Cooper v. Fulton, 158 So. 2d 759 (Fla. 3d DCA 1963), cert. disch., 165 So. 2d 161 (Fla. 1964). We find, to the contrary, that the action is upon a simple debt, although its calculation required “accounting” services by an accountant, and consequently that an attorney’s fee is not awardable absent a controlling statute or agreement between the parties. Brite v. Orange Belt Securities Co., 133 Fla. 256, 182 So. 892 (1938).
REVERSED.
BOOTH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cheek v. Sherwood L. Bugg, 639 So. 2d 144 (Fla. 5th DCA 1994)…ersing attorney’s fees awarded on the basis of the Richey exception because partner did not bring an action for dissolution), disapproved of on other grounds by, Johnson v. Bednar, 573 So. 2d 822, 826 (Fla.1991); Granger Lumber Co., Inc. v. Preston, 391 So. 2d 370, 371 (Fla. 1st DCA 1980) (stating that where action was for breach of employment contract, prevailing party was not entitled to attorney’s fees absent a controlling statute or agreement between the parties although accountant was required to establi…
Authorities Cited
- Brite v. Orange Belt Sec. Co., 133 Fla. 266 (Fla. 1938)
- Cooper v. Fulton, 158 So. 2d 759 (Fla. 3d DCA 1963)
- Fulton v. Cooper, 165 So. 2d 161 (Fla. 1964)