BEATRICE E. BUONI, APPELLANT,
v.
ORLANDO FEDERAL SAVINGS & LOAN ASSOCIATION ET AL., APPELLEES

Fla. 5th DCA | 1975-12-05
No. 75-180
WALDEN, C. J., and CROSS and MA-GER, JJ., concur.
323 So. 2d 51 Florida District Court of Appeal, Fifth District (1975) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant-plaintiff, Beatrice E. Buoni, appeals final judgment entered in favor of the appellees-defendants, Orlando Federal Savings & Loan Association, et al., in an action for damages for non-payment of a savings certificate of deposit.

Upon consideration of the record and briefs, we are of the opinion the trial court erred in entering final judgment granting a motion for involuntary dismissal of plaintiff’s complaint at the time plaintiff concluded presentation of her evidence, as plaintiff had established by facts a prima facie case. Accordingly, the final judgment and order taxing costs is reversed and the cause remanded for further proceedings.

Reversed and remanded.

WALDEN, C. J., and CROSS and MA-GER, JJ., concur.


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    …which set the fees. We initiate the discussion by holding that the amount of attorneys’ fees set by the trial court is a matter of discretion and the exercise thereof will not be disturbed absent a clear showing of abuse. In re Estate of Ryecheck, 323 So. 2d 51 (Fla.3d DCA 1975). See Division of Administration v. Denmark, 354 So. 2d 100 (Fla.4th DCA 1978); Price v. Price, 389 So. 2d 666, 669 (Fla.3d DCA 1980); Pfohl v. Pfohl, 345 So. 2d 371, 379 (Fla.3d DCA 1977); Division of Administration v. Condominium…
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    …wsuit involved novel questions); Estate of McCune, 223 So. 2d 787 (Fla. 4th DCA 1969). Though the trial judge correctly determined that he was not bound by the testimony of the expert witness as to the amount of reasonable fees, Estate of Ryecheck, 323 So. 2d 51 (Fla. 3d DCA 1975), we hold that the court abused its discretion in awarding $25,000.00 fees to Palmer where the estate consisted solely of cash, there was no complex litigation, the estate was admittedly not complicated and the discrepancy between…
  • Etta B. Sheffield v. Dallas, 417 So. 2d 796 (Fla. 5th DCA 1982)
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