J. W. DICKSON AND REBA DICKSON, HIS WIFE, EDGEWATER RANCHES, INC., DAD, INC., EZE, INC., ALL BEING FLORIDA CORPORATIONS, APPELLANTS,
v.
FEINER'S ORGANIZATION, INC., ET AL., APPELLEES
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Attorney fees are not recoverable as damages absent contractual or statutory liability, and claimed inequitable conduct does not create an exception.
Plaintiff sued defendant in a creditor's suit. Defendants moved to strike plaintiffs' claim for attorney fees, which the trial court denied.…
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This is an interlocutory appeal in a creditor’s suit. The trial court entered an order upon defendants’ motions to strike, to dismiss and for a more definite statement. Defendants appeal. Except for one point hereinafter mentioned we affirm.
Defendants, by motion, sought to strike plaintiffs’ claim for attorney fees. This motion was denied in the order appealed. This constituted error.
The rule recognized by both sides is that attorney fees are not recoverable as damages in the absence of contractual or statutory liability therefor. See 9 Fla. Jur., Damages, §77; 7 F.L.P., Damages, § 21. It is undisputed that there was no statute or contract authorizing such recovery in the instant case.
Appellees urge an exception to the general rule on the basis of claimed inequitable conduct. In sole support of their proposed exception creating their entitlement to such fees, appellees cite an article appearing in the Florida Law Journal, July 1952, page 281, which undertakes to discuss the background of the case of Dade County Newsdealers Supply Co. v. Southern Bell Telephone & Telegraph Company, Fla.1951, 52 So.2d 912, which was affirmed by the Supreme Court without opinion. In the light of the clear published precedents obtaining in our state, we are not persuaded by the cited article or the plaintiffs’ allegations that any reason exists in the instant case to create an exception to the rule.
The order appealed is affirmed, in part, and reversed, in part, as hereinabove indicated.
WALDEN, C. J., ANDREWS and CROSS, JJ., concur.
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Jaime M. Caceres, M.D. v. Physicians Protective Tr. Fund, 489 So. 2d 869 (Fla. 3d DCA 1986)…authorized by statute or the parties’ agreement. Keys Lobster, Inc. v. Ocean Divers, Inc., 468 So. 2d 360 (Fla. 3d DCA 1985); Estate of Hampton v. Fairchild-Florida Construction Co., 341 So. 2d 759 (Fla.1977); Dickson v. Feiner’s Organization, Inc., 200 So. 2d 269 (Fla. 4th DCA), cert. denied, 207 So. 2d 455 (Fla.1967). See generally Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). We turn now to the award of costs. It is axiomatic that keeping the costs of litigation within reasonab…
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Reba Merrett v. Nagel, 564 So. 2d 229 (Fla. 5th DCA 1990)…ursuant to Florida Rule of Civil Procedure 1.610(b). An award of attorney’s fees is limited in Florida to specific situations provided for by contract or by statute. Inequitable conduct alone is insufficient. Dickson v. Feiner’s Organization, Inc., 200 So. 2d 269 (Fla. 4th DCA), cert. denied, 207 So. 2d 455 (Fla.1967). The sole basis for the attorney’s fee award in this cause is the claimed wrongful issuance of the temporary injunction pursuant to rule 1.610(b) and section 60.07, Florida Statutes. Rule 1.61…
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Tucker v. State of Fla. Dep't OF Prof'l Reg., 521 So. 2d 146 (Fla. 5th DCA 1988)…82(2), in an amount equal to the judgment against the broker or salesman or $25,000, whichever is less. Attorney’s fees do not qualify as actual or compensatory damages as provided in section (l)(a) above. See Dickson v. Feiner’s Organization, Inc. 200 So. 2d 269 (Fla. 4th DCA 1967); Hoffman v. Barlly, 97 So. 2d 355 (Fla. 3d DCA 1957). The analogy of the Recovery Fund to that of an indem-nitor is convenient but inappropriate. The Recovery Fund is funded by contributions from the fees collected for such purpo…
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