THE AMERICAN EMPLOYERS INSURANCE COMPANY AND RODERICK E. CHANDLER, JR., APPELLANTS,
v.
THE HANOVER INSURANCE COMPANY, A FOREIGN CORPORATION AUTHORIZED TO DO BUSINESS IN FLORIDA, APPELLEE

Fla. 4th DCA | 1966-04-22
No. 97
SMITH, C. J., WALDEN, J., and KAN-NER, A. O., Associate Judge, concur.
185 So. 2d 493 Florida District Court of Appeal, Fourth District (1966) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER' CURIAM.

PER' CURIAM.

Affirmed. See Hodapp v. Shelby Mutual Insurance Company, Fla.App.1964, 166 So.2d 772.

SMITH, C. J., WALDEN, J., and KAN-NER, A. O., Associate Judge, concur.

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  • Harris v. Richard N. Groves Realty, Inc., 315 So. 2d 528 (Fla. 4th DCA 1975)
    …Section 86.081, Florida Statutes 1973, governing declaratory judgments, provides that the circuit court may award costs as are equitable. However, this statute cannot be expanded to include attorneys’ fees. Tamiami Abstract and Title Co. v. Malanka, 185 So. 2d 493 (Fla.App.1966). Paragraph “u” of the instant contract between Kirkwood and the Harrises for the purchase of the property does provide that a prevailing party in any litigation arising out of the contract will be entitled to recover all costs incurr…
  • Silver Blue Lake Apts. v. Manson, 334 So. 2d 48 (Fla. 3d DCA 1976)
    …t in a declaratory judgment proceeding prevailed and secured a judgment enforcing the terms of the lease, was an infringement of the terms of contract between the parties. See the rule in [*50] Tamiami Abstract & Title Co. v. Malanka, Fla.App. 1966, 185 So. 2d 493. Accordingly, the order denying attorney’s fees to the defendant Manson is reversed and the cause is remanded with directions to set the fee to be allowed in accordance with the terms of the contract. Reversed and remanded.…
  • Metro. Dade Cnty. v. Norbert J. Stein, 384 So. 2d 167 (Fla. 3d DCA 1980)
    …to this date. The trial judge recognized he could not award attorney’s fees without a statute or contract; however, he felt he could award same under his general equity powers. We find this to be error. Tamiami Abstract and Title Company v. Malanka, 185 So. 2d 493 (Fla. 2d DCA 1966); Schwartz v. Biscontini, 187 So. 2d 81 (Fla. 3d DCA 1966). However, it appears that the period of time for which the wrongfully discharged employee is recovering back wages extends from March 9, 1972 to June 20, 1979, a part of wh…

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