WILBERT WARTHEN AND MARY WARTHEN, HIS WIFE, APPELLANTS,

v.

VICTOR BECKER, APPELLEE

Citator

Cited By

• Tilden Groves Holding Corp. v. Orlando/Orange Cnty. Expressway, 816 So. 2d 658 (Fla. 5th DCA 2002)
  …n. Tilden Groves appeals the order setting aside the final judgment. Generally, the standard of review of an order entered pursuant to Rule 1.540(b)3 is gross abuse of discretion. See Bonizo Properties, N.V., Hanwood Investments, N.V. v. Schroeder, 528 So. 2d 1304, 1305 (Fla. 4th DCA 1988) (quoting Schwab & Co. v. Breezy Bay, Inc., 360 So. 2d 117 (Fla. 3d DCA 1978)). There is a more stringent standard of review, however, when the final judgment to be vacated follows a mediated settlement agreement: [Clases s…
• Rosenfeld v. TPI Int'l Airways, 630 So. 2d 1167 (Fla. 4th DCA 1993)
  …early references the judgment debtor. Thus, under rules of statutory construction, we fail to find authority for allowing attorney’s fees otherwise than against the judgment debtor. Contrary to appellee’s contention, Bonizo Properties v. Schroeder, 528 So. 2d 1304 (Fla. 4th DCA 1988), does not support a holding that attorney’s fees may be assessed against an impled defendant. The award of appellate attorney’s fees was granted against the “defendants.” However, the opinion does not indicate whether the defenda…
• Gaedeke Holdings, Ltd. v. Mortg. Consultants, Inc., 877 So. 2d 824 (Fla. 4th DCA 2004)
  …n Taxation of Costs and Attorney Fees, ... See § 56.29 Fla. Stat. (2003); Dusoe v. Securis International, 672 So. 2d 89 (Fla. 1st DCA 1996); Rosenfeld v. TPI International Airways, 630 So. 2d 1167 (Fla. 4th DCA 1993); Bonizo Properties v. Schroeder, 528 So. 2d 1304 (Fla. 4th DCA 1988). Gaedeke first challenges the trial court’s ruling that, as a matter of law, Gaedeke is not permitted to recover attorneys’ fees and costs for supplemental proceedings against Nier and Oliniek. We find no error in this ruling. G…

Authorities Cited

• Collins v. Collins, 519 So. 2d 729 (Fla. 2d DCA 1988)
• Herman v. Herman, 429 So. 2d 88 (Fla. 5th DCA 1983)
• L.B.T. Corp. v. Camacho, 429 So. 2d 88 (Fla. 5th DCA 1983)