GABLES INSURANCE AGENCY, INC., APPELLANT,
v.
PENINSULA FEDERAL SAVINGS AND LOAN ASSOCIATION, APPELLEE
GABLES INSURANCE AGENCY, INC., APPELLANT,
PENINSULA FEDERAL SAVINGS AND LOAN ASSOCIATION, APPELLEE
442 So. 2d 1013
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The summary judgment on the main issue is affirmed since it appears conclusively from the record that there are no genuine issues of material fact.
The amount of attorney’s fees, however, could not be determined solely on affidavits presented for the first time at the hearing on the motion for summary judgment, since it afforded appellant no opportunity to adduce testimony on the issue of fees. B & B Construction Co. of Ohio, Inc. v. Rinker Materials Corp., 294 So. 2d 131 (Fla. 4th DCA 1974).
Affirmed in part, reversed in part and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Broyles v. Broyles, 573 So. 2d 357 (Fla. 5th DCA 1990)…iew and rebut the reasonableness of any amount claimed. Demaso v. Demaso, 345 So. 2d 391 (Fla. 3d DCA 1977). An opportunity to adduce testimony and rebut must be afforded before entry. Gables Ins. Agency, Inc. v. Peninsula Federal Sav. & Loan Ass’n, 442 So. 2d 1013 (Fla. 3d DCA 1983); Morgan v. S. Atl. Production Credit Ass’n., 528 So. 2d 491 (Fla. 1st DCA 1988). We affirm the trial court’s dismissal with prejudice of appellant’s request for declaratory relief. Appellant filed his request for declaratory reli…
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Alton Bruce Morgan and Virginia Bruce Morgan v. S. Atl. Prod. Credit Ass'n, 528 So. 2d 491 (Fla. 1st DCA 1988)…gagor is improper.» Evidence should be adduced so that the full range of cross examination will be afforded both parties. Geraci v. Kozloski, 377 So. 2d at 812. See also Gables Insurance Agency, Inc. v. Peninsula Federal Savings & Loan Association, 442 So. 2d 1013, 1014 (Fla. 3d DCA 1983). In this case, as in Gables Insurance and Geraci v. Kozloski, the attorney’s fee issue was decided solely on the basis of an affidavit and over the objection of appellants. The statement of proceedings reflects that appella…
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Salmon v. Fed. Home Mortg. Corp., 621 So. 2d 1092 (Fla. 2d DCA 1993)…PER CURIAM. Appellee concedes error based on the authority of Gables Insurance Agency, Inc. v. Peninsula Federal Savings & Loan Ass’n, 442 So. 2d 1013 (Fla. 3d DCA 1983). We agree that Gables applies and reverse only the part of the final summary judgment of foreclosure awarding an amount of attorneys’ fees. Reversed in part and remanded for further proceedings. FRANK, C.J., and RYDER and ALTE…
Authorities Cited
- B & B Constr. Co. OF Ohio, Inc. v. Rinker Materials Corp., 294 So. 2d 131 (Fla. 4th DCA 1974)