PAN AMERICAN ROOM, INC., A FLORIDA CORPORATION, ERNEST M. VAZQUEZ, LARRY CAMPBELL, JANIES G. PACE AND J. R. HUNTER, JR., DIRECTOR OF STATE BEVERAGE DEPARTMENT, APPELLANTS,
v.
PAM, INC., A FLORIDA CORPORATION, APPELLEE
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.
Pan American Room, Inc. petitioned for certiorari to challenge a denial of its motion to dismiss, and the proceedings were stayed pending the certiorari decision. After the Supreme Court denied the petition, the circuit court awarded the prevailing party $600 in attorney's fees and costs for opposing the certiorari petition. The Supreme Court reversed, holding there was no basis to assess such fees and expenses against the unsuccessful petitioner.
The court reversed the judgment, holding that there is no basis in the record, court rules, statutes, or decisions for requiring appellants to pay the appellee for attorney's services and traveling expenses incurred in opposing the certiorari petition.
“We find no basis in this record, the court rules, the statutes, or the decisions for the judgment entered in this' cause requiring the appellants to pay the appellee for the services and travelling expenses of the attorneys for the latter in opposing the petition for certiorari to review the order denying the motion to dismiss the bill.”
The court's core holding that there is no legal authority for assessing such fees and expenses against the unsuccessful certiorari petitioner.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePan American Room, Inc. and others filed a motion to dismiss a bill filed by Pam, Inc. in circuit court. When the motion was denied, defendants petiti…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Stipulation Interpretation cases and more on FLexlaw
THOMAS, Justice.
Pam, Inc., a Florida corporation, appellee now, filed in the circuit court a bill against Pan American Room, Inc., a Florida corporation, and others who are the present appellants. The defendants moved to-dismiss the bill and when the motion was denied the defendants challenged the ruling by petition for certiorari presented to this Court under our Rule No. 34, 30 F.S.A. Meanwhile all the parties by their attorneys stipulated that the chancellor enter an order for the operation by the plaintiff of certain property under the license involved in the litigation until further order of the chancery court or until conclusion of the suit, and that upon entry' of said order “all proceedings in the * * * cause * * * be stayed pending the determination of the petition for certiorari pending in the Supreme Court of Florida.”
In recognition of the stipulation the chancellor entered an order which contained, among other provisions, one in almost the identical language we have quoted.
The petition for certiorari was presented to this Court and denied. Pan American Room, Inc., v. Pam, Inc., Fla., 71 So. 2d 926.
After that ruling the respondent, who had prevailed in the certiorari proceeding, made a motion for the assessment against the unsuccessful petitioner of the “costs, damages and expenses occasioned by reason of the stay of proceedings, including reasonable attorney’s fees incurred by said Plaintiff in connection with the application for a writ of certiorari * * * which application was denied by the Supreme Court * * * .” (Italics supplied.)
When this motion was heard, no testimony was taken but it is shown in the record that at the conclusion of a .colloquy among the chancellor and the attorneys, the chancellor announced: “All right. I will allow $500 attorneys’ fees and $100 other costs, a total of $600. That’s all.” Later the ruling was reduced to a judgment, for this amount with provision that execution issue. From the conversation between the chancellor and attorney for the respondent, it is clear that the allowance for “costs" was in truth an allowance for the travelling-expenses of the attorney who opposed on respondent’s behalf the petition for certiorari.
There was no language in the stipulation from which it could be even inferred that the petitioner in the certiorari proceeding would be responsible for respondent’s attorneys’ services and travelling expenses in the event the respondent prevailed.
No supersedeas was given, under Supreme Court Rule 35(f), in pursuance of which the proceedings were stayed.
We find no basis in this record, the court rules, the statutes, or the decisions for the judgment entered in this’ cause requiring the appellants to pay the appellee for the services and travelling expenses of the attorneys for the latter in opposing the petition for certiorari to review the order denying the motion to dismiss the bill.
Accordingly the' judgment is
Reversed.
MATHEWS, C. J., and HOBSON and DREW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Recarey v. Rader, 320 So. 2d 28 (Fla. 3d DCA 1975)…ction to the applicants can be devised by the court. In other words, the appointment of receiver for a going corporation is a last-resort remedy, and should not be employed when another adequate remedy is available. Papazian v. Kulhanjian, Fla.1955, 78 So. 2d 85; McAllister Hotel v. Schatzberg, Fla. 1949, 40 So. 2d 201; Deauville Corporation v. Blount, 1946, 157 Fla. 322, 25 So. 2d 812; Tampa Waterworks Co. v. Wood, 1929, 97 Fla. 493, 121 So. 789; Conlee Construction Company v. Krause, Fla.App.1966, 192 So.…
-
Conlee Constr. Co. v. Sylvan B. Krause, 192 So. 2d 330 (Fla. 3d DCA 1966)…e plaintiffs. Accordingly, the order appointing a receiver pendente lite is reversed and the cause is remanded for further proceedings. Reversed and remanded. . See also: Jones v. Harvey, Fla.1955, 82 So. 2d 371; Papazian v. Kulhanjian, Fla.1955, 78 So. 2d 85; Deauville Corporation v. Blount, 157 Fla. 322, 25 So. 2d 812 (1946); Tampa Waterworks Co. v. Wood, 97 Fla. 493, 121 So. 789 (1929).…
Authorities Cited
- Demko v. Meeks, 71 So. 2d 926 (Fla. 1953)
- Baker v. State ex rel. Jones, 71 So. 2d 926 (Fla. 1953)