SALTA INVESTMENT, INC., APPELLANT,
v.
ORLANDO G. SILVA, APPELLEE

Fla. 3d DCA | 1991-08-13
No. 91-121
Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.
584 So. 2d 172 Florida District Court of Appeal, Third District (1991) Positive Treatment
Cited by 8 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the final judgment awarding Orlando G. Silva attorney’s fees and costs. Silva had filed a claim for declaratory relief against landowner Salta Investment, Inc. This court affirmed the trial court’s decision ordering Salta to remove a fence along an ingress/egress easement. See Salta Inv., Inc. v. Silva, 573 So. 2d 1091 (Fla. 3d DCA 1991), review dismissed, 581 So. 2d 166 (Fla.1991). At that time, both parties’ motions for attorney’s fees made to this court were denied. This denial of fees is conclusive as to that issue and controls as to the fees awarded in the instant case. See Brunner Enters., Inc. v. Department of Revenue, 452 So. 2d 550 (Fla.1984); Airvac, Inc. v. Ranger Ins. Co., 330 So. 2d 467 (Fla.1976); Finston v. Finston, 160 Fla. 935, 37 So. 2d 423 (1948); Joyner v. Bernard, 160 Fla. 681, 36 So. 2d 364 (1948); Valsecchi v. Proprietors Ins. Co., 502 So. 2d 1310 (Fla. 3d DCA 1987); 3M Elec. Corp. v. Vigoa, 443 So. 2d 111 (Fla. 3d DCA 1983), review denied, 447 So. 2d 888 (Fla. 1984).

Accordingly, the order granting Silva fees and costs is reversed.


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  • M.E. v. Fla. Dep't of Child. & Fam. Servs., 728 So. 2d 367 (Fla. 3d DCA 1999)
    …ord shall be the agent of the client, and any notice by or to the attorney or act by the attorney in the proceeding shall be accepted as the act of or notice to the client.”); State v. C.C., 633 So. 2d 1114, 1115 (Fla. 3d DCA 1994); State v. C.R.S., 584 So. 2d 172, 173 (Fla. 3d DCA 1991). It is the responsibility of the parent to stay in reasonable touch with the attorney regarding the progress of the case and to advise the attorney of any change of address. Further, it is essential that the client provide c…
  • Ira S. Jacobson, M.D. v. Humana Med. Plan, Inc., 636 So. 2d 120 (Fla. 3d DCA 1994)
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  • J.G. v. State, 680 So. 2d 628 (Fla. 5th DCA 1996)
    …PER CURIAM. AFFIRMED. See Callins v. State, 447 So. 2d 1043 (Fla. 3d DCA 1984); State v. C.R.S., 584 So. 2d 172 (Fla. 3d DCA 1991). W. SHARP, GRIFFIN and THOMPSON, JJ., concur.…

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