BERTUS MORRISON ET AL., APPELLANTS,
v.
OKEECHOBEE COMPANY, A CORPORATION, APPELLEE
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The Florida Supreme Court affirmed a lower court's decree in part but found error in the awarded solicitor's fee. The Court remanded the case to allow the chancellor to take testimony on the appropriate solicitor's fee based on the mortgage agreement.
Yes, the solicitor's fee awarded was erroneous. The Court held that the chancellor should take testimony to determine the correct solicitor's fee based on the terms of the mortgage agreement.
“it seems to the Court that there is error in the said decree insofar as it allows a solicitor's fee of $9,940.00.”
Establishes the Court's finding of error regarding the solicitor's fee.
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Join FLexlaw to unlock all legal intelligenceThe case involved an appeal of a decree from a lower court. The appellants challenged the decree, specifically the solicitor's fee awarded. The Florid…
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Per Curiam.
This cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is error in the said decree insofar 'as it allows a solicitor’s fee of $9,940.00. Brett v. The First National Bank of Marianna; Brooks v. Roberts, decided at this term. It is ordered that the chancellor may take testimony of the complainants as to the amount of solicitor’s fees within the terms of the mortgage agreed by them, to be paid to their solicitor for his services and amend the decree rendered by substituting such amount so proven for the sum allowed in the decree appealed from. Decree affirmed in other respects.
Terrell, C. J., and Whitfield, Ellis, Brown and Buford, J. J., concur.
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Pasco Cnty. Sch. Bd. v. Fla. Pub. Emps. Relations Comm'n & Pasco Cnty. Classroom Teachers Ass'n, 353 So. 2d 108 (Fla. 1st DCA 1977)…ll take the same construction in the Florida courts as its prototype has been given in the federal courts insofar as such construction is harmonious with the spirit and policy of Florida legislation on the subject. Kidd v. Jacksonville, 97 Fla. 297, 120 So. 556 (1929); State ex rel. Packard v. Cook, 108 Fla. 157, 146 So. 223 (1933). PERC concluded that the Board’s decisions not to rehire Disabato and Rydzik or to promote Eckstein were violations of Sections 447.501(l)(a)2 and (b).3 Section 447.-501(l)(b)…
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Brand v. Fla. Power Corp., 633 So. 2d 504 (Fla. 1st DCA 1994)…the Florida statute will take on the same construction as placed on its federal prototype, insofar as such interpretation is harmonious with the spirit and policy of the Florida legislation. See, e.g., Kidd v. City of Jacksonville, 97 Fla. 297, 304, 120 So. 556, 559 (1929); Department of Envtl. Reg. v. SCM Glidco Organics Corp., 606 So. 2d 722, 725 (Fla. 1st DCA 1992); Department of Professional Reg., Div. of Real Estate v. Toledo Realty, Inc., 549 So. 2d 715, 717 (Fla. 1st DCA 1989); Pasco County Sch. Bd.…
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