J. WILLIAM WOLF ET AL., APPELLANTS,
v.
MALLORY H. HORTON, AS RECEIVER FOR INDUSTRIAL GUARANTY BANCORP, ET AL., APPELLEES
J. WILLIAM WOLF ET AL., APPELLANTS,
MALLORY H. HORTON, AS RECEIVER FOR INDUSTRIAL GUARANTY BANCORP, ET AL., APPELLEES
322 So. 2d 71
Florida District Court of Appeal, Third District (1975)
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Cited by 12 cases
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Opinion of the Court
PER CURIAM.
On consideration of the appellees’ motion to enforce the mandate of this court wherein it appears that the trial court failed to follow the dictates of such mandate and pursuant to the power of this court to enforce its mandate, the trial court’s order, dated December 2, 1974, awarding attorneys fees and costs be and the same is hereby vacated and the cause is dismissed without prejudice.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tubbs v. Mechanik Nuccio Hearne & Wester, P.A., 125 So. 3d 1034 (Fla. 2d DCA 2013)…s separate and apart from its client. To the extent that Mechanik Nuccio was entitled to an award of attorney’s fees and taxable costs at all, its rights were dependent on and derivative of the rights of its client, RC Highlands. See Wolf v. Horton, 322 So. 2d 71, 72 (Fla. 3d DCA 1975); Hope v. Lipkin, 156 So. 2d 659, 659 (Fla. 3d DCA 1963). For this reason, Mechanik Nuccio “stood in the shoes” of RC Highlands with regard to the set-off of its claim for fees and costs by the Tubbses’ countervailing claim aga…
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Bache Halsey Stuart Shields Inc. v. Witous, 411 So. 2d 1324 (Fla. 2d DCA 1982)…hereto can be judicially determined. The plaintiff must also show he did nothing to cause the conflicting claims or to give rise to the peril of double vexation. Paul v. Harold-Davis, Inc., 1945, 155 Fla. 538, 20 So. 2d 795. Accord, Wolf v. Horton, 322 So. 2d 71 (Fla. 3d DCA 1975). Thus, there may be circumstances under which a party may properly sue in interpleader and yet be denied attorney’s fees if the need for interpleader was unnecessarily precipitated by his conduct. It may be that the court here fi…
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Fickle v. Adkins, 385 So. 2d 1141 (Fla. 3d DCA 1980)…involved an appeal by attorneys whose client did not appeal. While the facts are not set forth in Hope, it does appear that the client-wife was joined with the non-client-husband as an appellee by the fee-seeking attorneys. See also Wolf v. Horton, 322 So. 2d 71 (Fla.3d DCA 1975). Here, since the wife is appealing the adverse ruling of the trial court and the actions sought to be taken by her former attorneys are not antagonistic to her, Hope is no barrier to the claim of SLS & H. It is, however, the disti…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States Sav. Bank v. Pittman, 80 Fla. 423 (Fla. 1920)
- Ellison v. Riddle, 166 So. 2d 840 (Fla. 2d DCA 1964)
- Davis v. Davis, 301 So. 2d 154 (Fla. 3d DCA 1974)
- Hope v. Lipkin, 156 So. 2d 659 (Fla. 3d DCA 1963)
- Payne v. Alvarez, 156 So. 2d 659 (Fla. 1st DCA 1963)
- Brown v. State, 301 So. 2d 154 (Fla. 3d DCA 1974)
- Luisa Victoria Simkins v. Simkins, 249 So. 2d 444 (Fla. 3d DCA 1971)