MICHAEL ANTHONY CONE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Soneet Kapila for Cellular USA v. AT & T Wireless Servs., Inc., 973 So. 2d 600 (Fla. 3d DCA 2008)
  …argues that the circuit court committed error by determining entitlement to, and awarding, AT & T prevailing party attorney’s fees. We agree. “Generally, attorney’s fees are not awarded unless authorized by statute or contract.” Cadenkead v. Gaetz, 677 So. 2d 96, 97 (Fla. 1st DCA 1996). With respect to attorney’s fees, the Agreement provides as follows: 18.4 Attorney’s Fees. If a court action is commenced by one party against the other, the substantially prevailing party shall be entitled to recover its re…
• Frymer v. Mervyn Brettschneider, 710 So. 2d 10 (Fla. 4th DCA 1998)
  …is appeal. It is well settled that neither attorney’s fees nor costs may be awarded in the absence of an entitling provision in a con [*12] tract, statute, or rule. See, e.g., Dade County v. Pena, 664 So. 2d 959, 960 (Fla.1995); Cadenhead v. Gaetz, 677 So. 2d 96 (Fla. 1st DCA 1996). Recognizing this principal, the trial judge relied upon Florida Statutes section 737.402(2)(u), which provides Unless otherwise provided in the trust instrument, a trustee has the power: ... To pay taxes, assessments, compensat…
• Carl Domino, Inc. v. Dixon, 358 So. 3d 29 (Fla. 4th DCA 2023)

Authorities Cited

• Sherrond Deangelo CUE v. State, 619 So. 2d 471 (Fla. 1st DCA 1993)