M. H. ROSENHOUSE AND D. L. ROSENHOUSE, D/B/A ROSENHOUSE & ROSENHOUSE, ATTORNEYS, APPELLANTS,
v.
ISSAC HIRSH EVER, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the attorneys' motion for fees abated with the divorce suit upon the wife's death.
A divorce suit was pending when the defendant wife died. Her attorneys then applied for fees for their services. The trial court denied their motion.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Application For Attorney'S Fees cases and more on FLexlaw
This is an appeal from an order entered in a divorce suit. The defendant wife died while the suit was pending. Later, her attorneys applied for fees for their services, and then instituted this appeal from the order denying their motion for fees.
Passing over the question of the right of the attorneys to file an appeal in their names,1 we affirm the order appealed from. The chancellor was eminently correct in concluding that the death of the wife abated the suit, as to divorce and also as to an application for attorney fees which was a matter growing out of and incidental to the cause of action for divorce. Sahler v. Sahler, 154 Fla. 206, 17 So.2d 105; Mc-Kendree v. McKendree, Fla.App.1962, 139 So.2d 173; 1 Am.Jur., Abatement and Revival, § 110.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
-
ED Ricke & Sons, Inc. v. Green, 609 So. 2d 504 (Fla. 1992)…injured from hot water caused by a gas explosion of the water heater. In such a situation, Green’s injuries would have resulted directly from the inherently dangerous and explosive nature of the gas in the water heater. See Farber v. Houston Corp., 150 So. 2d 732 (Fla. 3d DCA1963). In the instant case, however, hot water was the cause of Green’s injuries, not the explosiveness of the water heater. Hot water, in and of itself, is not inherently dangerous and, consequently, the Slavin doctrine would apply to t…
-
Toombs v. Fort Pierce GAS Co., 208 So. 2d 615 (Fla. 1968)…Carrithers, as occupants of the other apartment of the duplex, were necessarily in the vicinity of the hazards presented by the use of the dangerous commodity, butane gas, in the adjoining living quarters. See Farber v. Houston Corp. (Fla.App.1963), 150 So. 2d 732, and Moebus v. Smith (Fla.App.1966), 193 So. 2d 34. Their position, much like that of the minor in McBurnette v. Playground Equipment Corp., supra, although not in the same context, appears to require the presumption that they “stand[s] in the shoes…
-
Metro. Dade Cnty. v. Fla. Aviation Fueling Co., Inc., 578 So. 2d 296 (Fla. 3d DCA 1991)…urged, it may have failed if the case had been tried and appealed. Arguably, at least, (1) FAFCO as lessee was engaged in an ultrahazardous activity when it stored large quantities of gasoline on the county-leased land, see Farber v. Houston Corp., 150 So. 2d 732 (Fla. 3d DCA 1963), and (2) the plaintiff’s injuries were causally related to this storage [although admittedly the stored gasoline did not burst into flames or pollute an adjoining property owner’s land] when the plaintiff, while engaged in the inh…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Meta A. Sahler v. Eli I. Sahler, 154 Fla. 206 (Fla. 1944)
- Smith v. Smith, 107 So. 257 (Fla. 1925)
- Bouis v. Trusten B. Drake, 90 Fla. 824 (Fla. 1925)
- Smith v. Smith, 90 Fla. 824 (Fla. 1925)
- McKENDREE v. McKENDREE, 139 So. 2d 173 (Fla. 1st DCA 1962)