DONALD W. WAGNER AND TRAVIS HUNOLD, TRUSTEE OF INTERNATIONAL TRADE BUILDING, INC., APPELLANTS,
v.
DIANE BIRDMAN, TRUSTEE, NOTTINGHAM ASSOCIATES, INC., A GENERAL PARTNERSHIP CONSISTING OF HENRY SPIEGEL, ANN SPIEGEL, AND WALTER WEKSTEIN, TRUSTEE OF THE DIANE BIRDMAN IRREVOCABLE TRUST, APPELLEES
DONALD W. WAGNER AND TRAVIS HUNOLD, TRUSTEE OF INTERNATIONAL TRADE BUILDING, INC., APPELLANTS,
DIANE BIRDMAN, TRUSTEE, NOTTINGHAM ASSOCIATES, INC., A GENERAL PARTNERSHIP CONSISTING OF HENRY SPIEGEL, ANN SPIEGEL, AND WALTER WEKSTEIN, TRUSTEE OF THE DIANE BIRDMAN IRREVOCABLE TRUST, APPELLEES
460 So. 2d 463
Florida District Court of Appeal, Third District (1984)
Negative Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
After the trial court discharged a lis pen-dens, it assessed attorney’s fees in favor of the property owner. We find this error, there being no specific authority in the statutes providing for such fees. Section 48.23(3), Florida Statutes (1983). Therefore we reverse such order. See Kittel v. Kittel, 210 So. 2d 1 (Fla.1968).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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S & T Builders v. Globe Props., Inc., 944 So. 2d 302 (Fla. 2006)…ve for review the decision in S & T Builders v. Globe Properties, Inc., 909 So. 2d 375 (Fla. 4th DCA 2005), in which the Fourth District Court of Appeal certified conflict with the decision of the Third District Court of Appeal in Wagner v. Birdman, 460 So. 2d 463 (Fla. 3d DCA 1984). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed below, we approve the decision in S&T. FACTS AND PROCEDURAL BACKGROUND S and T Builders (S & T) filed an amended complaint against Globe Propert…1 / 3
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Arman Saporito v. Madras, 576 So. 2d 1342 (Fla. 5th DCA 1991)…e hurdle of the motion for involuntary dismissal. Lastly, we address the issue of the attorney’s fees Saporito sought as damages incurred to effect the removal of the lis pendens. We recognize the holding of the Third District in Wagner v. Birdman, 460 So. 2d 463 (Fla. 3d DCA 1984), denying an award of attorney’s fees after the discharge of a lis pendens because no statutory authority provides for such fees. Our attention is directed however, to a ruling by the Florida Supreme Court, National Surety Co. v. W…
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S & T Builders v. Globe Props., Inc., 909 So. 2d 375 (Fla. 4th DCA 2005)…of a temporary injunction is conditioned “is to provide a sufficient fund to cover the adverse party’s costs and damages if the injunction is wrongfully issued” and these damages “include attorney’s fees and court costs”). But see Wagner v. Birdman, 460 So. 2d 463 (Fla. 3d DCA 1984) (denying award of attorney’s fees after discharge of lis pen-dens, based on lack of statutory authority). With respect to attorney’s fees, we have also considered Price v. Tyler, 890 So. 2d 246 (Fla.2004), disapproving the award…1 / 2
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- Kittel v. Anne B. Kittel, 210 So. 2d 1 (Fla. 1967)