HELEN TANOS HOPE AND ALFRED D. BIELEY, APPELLANTS,
v.
LEO H. LIPKIN AND DORIS S. LIPKIN, APPELLEES

Fla. 3d DCA | 1963-10-15
No. 63-544
Before BARKDULL, C. J., and CARROLL and HENDRY, JJ.
156 So. 2d 659 Florida District Court of Appeal, Third District (1963) Positive Treatment
Cited by 11 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The right to attorneys’ fees is derivative in nature when representing the wife in a divorce action. See: Smith v. Smith, 90 Fla. 824, 107 So. 257. Counsel for the wife have attempted to take an appeal in their individual names and not on behalf of the wife. Never having been parties of record in the trial court, they have no standing to prosecute such an appeal. See: Salomon v. Taylor, 50 Fla. 608, 39 So. 48; King v. Brown, Fla.1951, 55 So.2d 187; 2 Fla.Jur., Appeals, § 55. Therefore, same is hereby dismissed,

Dismissed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (11 total)

  • Rolande Allred v. Chittenden Pool Supply, Inc., 298 So. 2d 361 (Fla. 1974)
    …ecially where pain and suffering are involved, based on a mathematical formula of calculable value or on a per diem basis may be helpful to the jury in its final deliberations. Ratner v. Arrington, 111 So. 2d 82 (Fla.App.3rd 1959); Payne v. Alvarez, 156 So. 2d 659 (Fla.App.1st 1963); Perdue v. Watson, 144 So. 2d 840 (Fla.App.2d 1962); Magid v. Mozo, 135 So. 2d 772 (Fla.App.1st 1961); Braddock v. Seaboard Air Line Railroad Co., 80 So. 2d 662 (Fla.1955), also reported at 96 So. 2d 127 (Fla.1957). Such argument…
  • Tubbs v. Mechanik Nuccio Hearne & Wester, P.A., 125 So. 3d 1034 (Fla. 2d DCA 2013)
    …at Mechanik Nuccio was entitled to an award of attorney’s fees and taxable costs at all, its rights were dependent on and derivative of the rights of its client, RC Highlands. See Wolf v. Horton, 322 So. 2d 71, 72 (Fla. 3d DCA 1975); Hope v. Lipkin, 156 So. 2d 659, 659 (Fla. 3d DCA 1963). For this reason, Mechanik Nuccio “stood in the shoes” of RC Highlands with regard to the set-off of its claim for fees and costs by the Tubbses’ countervailing claim against RC Highlands. See Mass. Cas. Ins. Co. v. Forman, 6…
  • The Valparaiso Bank & Tr. Co. C. T. A. of the Est. of Coleman L. Kelly v. Sims, 343 So. 2d 967 (Fla. 1st DCA 1977)
    …debt or as a penalty. See Keena v. Keena, 245 So. 2d 665, 667 (Fla.1st DCA 1971); Chaachou v. Chaachou, 135 So. 2d 206, 223 (Fla.1961); Smith v. Smith, 90 Fla. 824, 107 So. 257 (1925); Kolb v. Kolb, 103 Fla. 193, 137 So. 237 (1931); Hope v. Lipkin, 156 So. 2d 659 (Fla.3d DCA 1963). The 1968 contract between Mrs. Kelly and her lawyer might properly be considered as limiting the amount of his compensation above $1,500 to the amount recoverable by Mrs. Kelly in fee money. On this record it appears such contract…

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