J. E. TURNER AND CORA TURNER, ET VIR, FLORRIDA BANK AND TRUST COMPANY, A CORPORATION, FUQUAY AND GHEEN, INC., A FLORIDA CORPORATION; SEIBERLING RUBBER COMPANY, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF OHIO,
v.
CITY OF DAYTONA BEACH
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The Florida Supreme Court affirmed in part and reversed in part a lower court's foreclosure decree on improvement liens. The court found no harmful error except for the allowance of attorneys' fees and title search, for which it found no legal authority.
The lower court committed harmful error in allowing attorneys' fees and title search, as there was no legal authority for these allowances. All other aspects of the decree were free from harmful error.
“We have examined each assignment carefully and while we do not approve the proceeding as being in all respects regular, we are not convinced that harmful error was committed except in the matter of the allowance of attorneys' fees and title search.”
This quote establishes the court's finding that while the proceedings were not perfect, the only significant error was related to the fees and search costs.
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Join FLexlaw to unlock all legal intelligenceAppellee filed suit to foreclose improvement liens, naming appellants as defendants. Some defendants answered, while others defaulted. A special maste…
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This suit was instituted by bill of complaint on the part of appellee to foreclose some improvement liens. All the appellants were named as defendants and entered their appearance except Seiberling Rubber Company, against which decree pro confesso was entered. The defendants, J. W. and Cora Turner, filed their answer, portions, of which were stricken. • A special master was appointed, testimony was taken, and on final hearing, the chancellor found for complainant and entered his decree accordingly. The final decree was subsequently amended and J. E. and Cora Turner appealed.
Twelve errors are assigned and argued. They are all closely related, but to discuss them in full would require a *903lengthy opinion that would serve no useful purpose. We have examined each assignment carefully and while we do not approve the proceeding as being in all respects regular, we are not convinced that harmful error was committed except in the matter of the allowance of attorneys’ fees and title search. We find no authority for allowing these items.
The judgment below is accordingly affirmed in all respects except as to the allowance of attorneys’ fees and title search. As to these items, the judgment is reversed.
Affirmed in part; reversed in part.
Ellis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.
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Ocean Beach Hotel Co. v. Town of Atl. Beach, 147 Fla. 445 (Fla. 1941)…rizes such proceedings. We are unable to find in the title of the Act language sufficient to entitle the recovery of reasonable attorney’s fees referred to in Section 10. See Webb v. Scott, 129 Fla. 111, 176 So. 442; Turner v. City of Daytona Beach, 128 Fla. 902, 175 So. 897; Parker v. Town of Callahan, 115 Fla. 266, 156 So. 334; Prairie Phosphate Co. v. Silverman, 80 Fla. 541, 86 So. 508; Carr v. Thomas, 18 Fla. 736; Savannah, F. & W. Ry. Co. v. Geiger, 21 Fla. 669; State ex rel. Gonzales v. Palmes, 23 Fla…
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