WARREN M. FABEL, APPELLANT,
v.
DOREEN L. MASTERSON AND FRANK ZAMIELLO, APPELLEES
WARREN M. FABEL, APPELLANT,
DOREEN L. MASTERSON AND FRANK ZAMIELLO, APPELLEES
962 So. 2d 993
Florida District Court of Appeal, Fourth District (2007)
Positive Treatment
Cited by 4 cases
Opinion of the Court
FARMER, J.
In Fabel v. Masterson, 951 So. 2d 934 (Fla. 4th DCA 2007), we reversed a summary judgment in favor of appellees. In this appeal, we review an award of prevailing party attorneys fees based on the summary judgment since reversed. From our decision on the merits, it follows that the award of attorneys fees must also be reversed.
Reversed.
STONE and HAZOURI, JJ., concur.
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Dimitrios Georgos Kavouras v. Mario City Rest. Corp., 88 So. 3d 213 (Fla. 3d DCA 2011)…t is well settled that where mixed equitable and legal claims are presented on interrelated facts, the trial court first must have a jury decide the case so as to preserve the parties’ right to a jury trial. See, e.g., Yer Girl Tera Mia v. Wimberly, 962 So. 2d 993, 996 (Fla. 5th DCA 2007); Billian v. Mobil Corp., 710 So. 2d 984, 992 (Fla. 4th DCA 1998); Marshall v. Sprecher, 559 So. 2d 1280, 1281 (Fla. 2d DCA 1990); Vine v. Scarborough, 517 So. 2d 726, 728 (Fla. 3d DCA 1987). Appellees contend that in this c…
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Graham v. R.J. Reynolds Tobacco Co., 857 F.3d 1169 (11th Cir. 2017)…ovides that "the right of trial by jury shall be secure to all and remain inviolate." Fla. Const, art. I, § 22. Parties have a jury-trial right with respect to issues that are legal, as opposed to equitable, in nature. Yer Girl Tera Mia v. Wimberly, 962 So. 2d 993, 996 (Fla. 5th Dist. Ct. App. 2007). This right "should not be withdrawn from the jury’s consideration unless as a matter of law no proper view of the evidence could possibly sustain” an alternative determination. Bourgeois v. Dade Cty., 99 So. 2d 5…1 / 3
Authorities Cited
- Fabel v. Masterson, 951 So. 2d 934 (Fla. 4th DCA 2007)