FLEA MARKET, U.S.A., INC., APPELLANT,
v.
ADOLF COHEN AND MARLENE COHEN, HIS WIFE, D/B/A COHENY ISLAND, APPELLEES

Fla. 3d DCA | 1986-06-24
No. 86-16
Before SCHWARTZ, C.J., and HUB-BART and JORGENSON, JJ.
490 So. 2d 210 Florida District Court of Appeal, Third District (1986) Negative Treatment
Cited by 20 cases
Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

We find no abuse of discretion in the order under review, which conditioned granting the appellant’s eve-of-trial motion for continuance upon the payment of the appellees’ attorney’s fees caused by the delay. Western Union Telegraph Co. v. Suit, 153 Fla. 490, 15 So. 2d 33 (1943); 11 Fla.Jur.2d Continuances § 40 (1979); Annot., Continuance of Civil Case as Conditioned upon Applicant’s Payment of Costs or Expenses Incurred by Other Party, 9 A.L.R. 4th 1144, 1163-66 (1981); compare Speight v. City of Fort Walton Beach, 180 So. 2d 385 (Fla. 1st DCA 1965) (condition invalid when party entitled to continuance as a matter of right). Moreover, because the appellant accepted the continuance without objection, the basic rule which forbids a party from appealing from the adverse portion of an order after accepting its benefits, 3 Fla.Jur.2d Appellate Review § 21 (1978), precludes the present attempt to reverse the fee award. 11 Fla.Jur.2d Continuances § 40 (1979) (“In accepting the continuance, the applicant thereby assents to the terms or conditions imposed and must comply with them.”).

Affirmed.

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  • Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
    …oyota and Jaimot. It is so ordered. SHAW and KOGAN, JJ., and ADKINS, J. (Ret.), concur. McDonald, C.J., and OVERTON and EHRLICH, JJ., dissent. . The Third District reached a similar conclusion in Club Eden Roc, Inc. v. Fortune Cookie Restaurant, 490 So. 2d 210 (Fla. 3d DCA 1986). . Florida Rule of Appellate Procedure 9.130 provides in pertinent part: (a)(3) Review of non-final orders of lower tribunals is limited to those which: (A) concern venue; (B) grant, continue, modify, deny or dissolve injunction…
  • Brake v. Eve E. Murphy, 693 So. 2d 663 (Fla. 3d DCA 1997)
    …presentative were all present at the hearing. Thereafter, the probate judge granted the emergency motion for continuance on the condition that respondents’ counsel be paid the sum of $1,000 for attorney’s fees. Under Flea Market USA, Inc. v. Cohen, 490 So. 2d 210 (Fla. 3d DCA 1986) there is no abuse of discretion in conditioning an eve of trial continuance on payment of attorney’s fees caused by delay. Here, however, the amount to be paid, $1000, was not determined based on any evidence of the costs incurred…
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