ALLAN JAMES THIBERT, ROBERT I. THIBERT AND LUCILLE THIBERT, APPELLANTS,

v.

MURIEL THIBERT, APPELLEE

Citator

Cited By

• Fontainebleau Hotel Corp. v. Postol, 142 So. 2d 299 (Fla. 3d DCA 1962)
  …o this case of the rule that attorney’s fees cannot be charged in the absence of statutory authority, unless the defendant is bound for their payment by contract. Ginsberg v. Ginsberg, Fla.App. 1961, 128 So. 2d 435; Thibert v. Thibert, Fla.App.1958, 106 So. 2d 918; Dorner v. Red Top Cab & Baggage Co., 160 Fla. 882, 37 So. 2d 160; Brite v. Orange Belt Securities Co., 133 Fla. 266, 182 So. 892. The situation involved in the instant case does not appear to be within the purview of this rule. In the instant case…
• Allie William Campbell v. Maze, 339 So. 2d 202 (Fla. 1976)
  …ay not be recovered except when specifically authorized by statute or by agreement of the parties. . . . ” 281 So. 2d at 381, citing Granoff v. Cherin, 270 So. 2d 430 (Fla.App.3rd 1972); Kittel v. Kittel, 210 So. 2d 1 (Fla.1967); Thibert v. Thibert, 106 So. 2d 918 (Fla.App.3rd 1958). Judge Wigginton also noted that neither case cited by the First District majority supports taxation of attorney’s fees as costs. In both cases, the costs awarded were solely for payment of expenses incurred in obtaining depositi…
• Ginsberg v. Ginsberg, 128 So. 2d 435 (Fla. 3d DCA 1961)
  …ected to any contract of appellees for the payment of attorney’s fees, or any statutory support therefor, and in the absence of same, we conclude that the able chancellor was without authority to make the award. See Thibert v. Thibert, Fla.App.1958, 106 So. 2d 918; Hoffman v. Barlly, Fla.App.1957, 97 So. 2d 355. As to the appellant’s second contention, that the cost of taking and transcribing depositions which were not offered or admitted in evidence was not taxable as costs, we conclude that this contention…

Authorities Cited

• Brite v. Orange Belt Sec. Co., 133 Fla. 266 (Fla. 1938)
• Hoffman v. Barlly, 97 So. 2d 355 (Fla. 3d DCA 1957)