RITA MARKS, APPELLANT,

v.

WALTER F. NOVAK AND JEAN F. NOVAK, HIS WIFE, APPELLEES

Citator

Cited By

• Sunbeam Enters., Inc. v. Mr. and Mrs. Walter Upthegrove, 316 So. 2d 34 (Fla. 1975)
  …pra, the DCA-2 and DCA-1 respectively held that mechanics’ lien law does not authorize an award of attorneys’ fees to an appellee for defending an appeal. See also, Sharpe v. Thomas, Inc., 250 So. 2d 330 (Fla.App. 3, 1971). In In re Estate of Potts, 199 So. 2d 319 (Fla.App. 2, 1967), the DCA-2 held that the fact that a statute authorizes the trial court to allow fees does not ipso facto warrant the allowance of fees on appeal. However, the DCA-4 in Foxbilt Electric, Inc. v. Belefant, 280 So. 2d 28 (Fla.App. 4…
• Fatolitis v. Fatolitis, 271 So. 2d 227 (Fla. 2d DCA 1973)
  …therefore been terminated, and the trial Court does not have authority to fix attorneys’ fees for such services, Howell v. Howell, Fla.App.1966, 183 So. 2d 261; Anderson v. Anderson, Fla.App.1965, 180 So. 2d 360; In re Estate of Potts, Fla.App.1967, 199 So. 2d 319. The next question involves the amount awarded Mary for services rendered by her attorneys in the lower 'Court. John contends that the amount was not supported by competent evidence, and Mary contends that the amount awarded should have been the en…
• Bissmeyer v. Se. Bank, N.A., 596 So. 2d 678 (Fla. 2d DCA 1991)
  …rpretation of the prior appellate rule, Florida Appellate Rule 3.16(e), might still require an attorney providing a benefit to an estate to move for appellate fees in this court before requesting fees in the probate court. See In re Estate of Potts, 199 So. 2d 319 (Fla. 2d DCA 1967). The reasoning in Potts was rejected in Garvey v. Garvey, 219 So. 2d 685 (Fla.1969), and was also affected by the change in appellate rules. To avoid confusion, we announce that this court follows the guidelines described in In re…

Authorities Cited

• Davis v. West, 114 So. 2d 703 (Fla. 2d DCA 1959)