GULF POWER COMPANY, A CORPORATION, APPELLANT,
v.
J. E. STACK, JR., AND FRANCES MARGARET STACK, HUSBAND AND WIFE, ET AL., APPELLEES
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The appellate court granted appellees' motion for reasonable attorneys' fees of $750 against Gulf Power Company but denied their motion to assess costs without prejudice.
An appellate court may award reasonable attorneys' fees to the prevailing party in an appeal, with the amount to be paid by the unsuccessful appellant.
[1] A prevailing party in an appellate proceeding may recover reasonable attorneys' fees from the unsuccessful appellant, with the amount determined by the appellate court.
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Join FLexlaw to unlock all legal intelligenceGulf Power Company appealed a decision against it. The appellees sought both costs and reasonable attorneys' fees on appeal.…
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ORDER DENYING APPELLEES’ MOTION TO ASSESS COSTS, AND GRANTING APPELLEES’ MOTION FOR REASONABLE ATTORNEYS’ FEES
HOWELL, CHARLES COOK, Jr., Associate Judge.
May we seek refuge behind the comforting philosophy of Alexander Pope exposed in his Essay on Criticism: “To err is human, to forgive divine.”
These motions were inadvertently overlooked when considering and writing our opinion of affirmance herein, Fla.App., 296 So. 2d 572, filed June 25, 1974.
Now, however, appellees’ motion to tax costs “ ‘is hereby denied without prejudice to apply for (them) below.’ ” City of Miami Beach v. Manilow et ux., Fla.App. 3rd 1971, 253 So. 2d 910, 911; and Rule 3.16, subd. b, Florida Appellate Rules.
Appellees’ motion for a reasonable attorneys’ fee is granted and we “do herewith enter order directing” appellant Gulf Power Company, a corporation, “to pay” $750.00 “to attorneys of record for appel-lees” J. E. Stack, Jr., and Frances Margaret Stack, husband and wife, et al., “as reasonable attorneys’ fees for services rendered to said appellees in this Court. The filing of certified copy of this order in the Court below will be sufficient authority for the payment of said sums.” State Road Department of Florida v. Brenner et al, Fla.App.2nd, 1967, 208 So. 2d 279, 280.
RAWLS, C. J, and JOHNSON, J, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- City OF Miami Beach v. Manilow, 253 So. 2d 910 (Fla. 3d DCA 1971)
- Gulf Power Co. v. Stack, 296 So. 2d 572 (Fla. 1st DCA 1974)
- State Rd. Dep't of Fla. v. Brenner, 208 So. 2d 279 (Fla. 2d DCA 1967)