SCHOTT INDUSTRIES, INC., AND OHIO CORP., APPELLANTS,
v.
ROBERT S. MEDOW, INDIVIDUALLY, ET AL., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Schott Industries appeals a judgment awarding damages and attorney's fees to Robert S. Medow following a bench trial in a third-party indemnification action. The court affirmed the damages award but reversed the attorney's fees award, holding that fees were not authorized absent a statute or agreement covering the third party plaintiff's prosecution of the action.
The damages award of $26,000.21 is affirmed because the trial court, as sole trier of fact in a nonjury trial, had sufficient evidence supporting its findings. The attorney's fees award of $17,500.00 is reversed because attorney's fees require authorization by statute or agreement, and the indemnification affidavit did not authorize fees for a prosecution action—only for defense costs.
[1] A trial court's findings of fact in a nonjury trial carry the weight of a jury verdict and will not be disturbed on appeal if supported by sufficient evidence.
[2] Attorney's fees cannot be awarded absent authorization by statute or by agreement of the parties.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Since the trial court was sitting without a jury, it is the sole trier of fact and its judgment carries the weight of a jury verdict.”
Establishes the standard of review for nonjury trials—the trial court's findings are reviewed deferentially, similar to jury verdicts.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSchott Industries executed an affidavit guaranteeing indemnification to Medow for costs incurred in defending claims or losses brought by any individu…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
This is an appeal from an amended final judgment following a nonjury trial in favor of the third party plaintiff, Robert S. Medow, individually and as nominee for Medowlite Corporation of America and Medowlite Corporation of America, a Florida corporation, and against the third party defendant, Schott Industries, Inc., appellant herein, in the sum of $26,000.21, and the sum of $17,500.00 attorney’s fees in favor of the attorneys representing the third party plaintiff, awarded against the third party defendant.
Two issues are raised on appeal. The first is whether the trial court erred in finding an error in calculation and amending the final judgment as to the amount due the third party plaintiff.
Since the trial court was sitting without a jury, it is the sole trier of fact and its judgment carries the weight of a jury verdict. American Mutual Fire Insurance Company v. Illingworth, Fla.App. 1968, 213 So. 2d 747, 749. Having carefully reviewed the record on appeal and finding sufficient evidence to support the findings of the trial court, the judgment, as amended, will not be disturbed on appeal.
The second issue is whether it was error for the court to award attorney’s fees to the third party plaintiff. It is well established that attorney’s fees cannot be awarded absent authorization by statute or by agreement of the parties. Schwartz v. Biscontini, Fla.App.1966, 187 So. 2d 81; Lang v. Lang, Fla.App.1971, 252 So. 2d 809.
The award of attorney’s fees in this case was presumably authorized by an affidavit guaranteeing payment executed by the third party defendant. The affidavit provides that the third party defendant will indemnify the third party plaintiff for any costs incurred in defending claims or losses brought by any individual, firm, corporation or entity for the payment of certain enumerated items. Although this action was originally brought by another party against the third party plaintiff, the claim of the plaintiff was paid by the third party defendant and the plaintiff’s action was dismissed.
The instant award of attorney’s fees was based solely upon the representation of the third party plaintiff in his third party action. There is no agreement between the parties to pay any fees or costs for indemnification when the third party plaintiff prosecutes rather than defends an action. Therefore, in the absence of a statute or an agreement between the parties, the award of attorney’s fees is unauthorized and hereby is reversed.
Affirmed in part, reversed in part.
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Wallace v. Keldie, 249 So. 3d 747 (Fla. 1st DCA 2018)
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Lowenstein v. U. S. Bank Nat'l Ass'n, 253 So. 3d 86 (Fla. 2d DCA 2018)
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Calatlantic Grp., Inc. v. Dau, 268 So. 3d 265 (Fla. 5th DCA 2019)
Authorities Cited
- Lang v. Lang, 252 So. 2d 809 (Fla. 4th DCA 1971)
- The Am. Mut. Fire Ins. Co. v. Llewellyn D. Illingworth and Dean Illingworth, 213 So. 2d 747 (Fla. 2d DCA 1968)
- Isadore Schwartz v. Biscontini, 187 So. 2d 81 (Fla. 3d DCA 1966)