POLK COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
v.
JAMES R. DEATON 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.
The court held that the trial court erred in awarding attorney's fees because no contractual, statutory, or fund-creation basis existed for such an award.
Plaintiffs sued Polk County alleging a storm water pond constituted a nuisance, seeking damages and abatement. The trial court denied damages but allo…
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.
PER CURIAM.
On this appeal, Polk County argues that the trial court erred in awarding attorney’s fees to the appellees in this case. We agree and reverse on that point.
James R. Deaton and others filed a complaint alleging that a storm water detention pond which Polk County had built constituted a nuisance. They asked the court to award damages and abate the nuisance by ordering its removal. After several hearings, the court entered final judgment in which it denied damages, and allowed the pond to remain with modifications. The judgment also awarded $3000 in attorney’s fees to appellees.
An award for attorney’s fees is only proper where authorized by contract, where authorized by legislative enactment, or where awarded for services performed in creating or bringing into court a fund or other property. Kittel v. Kittel, 210 So. 2d 1 (Fla. 1968). We cannot find nor have appellees demonstrated that any of these circumstances apply to the present case.
Moreover, we reject appellees’ contention that Department of Citrus v. Griffin, 332 So. 2d 54 (Fla.2d DCA 1976), controls here. It is true that in this case, as in Griffin, there was successful litigation which benefited a great number of people. However, unlike the case sub judice, Griffin contained the element of a fund from which the Court could award attorney’s fees. No such fund is available in this case.
In view of this, we vacate that part of the final judgment which awards attorney’s fees and affirm the judgment in all other respects.
HOBSON, Acting C. J., and OTT and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Israel v. Dayle T. LEE, 470 So. 2d 861 (Fla. 2d DCA 1985)…tract or by a statute or where the attorney’s services create or bring a fund or other property into the court. Kittel v. Kittel, 210 So. 2d 1 (Fla.1967); Miller v. Colonial Baking Co., 402 So. 2d 1365 (Fla. 1st DCA 1981); and Polk County v. Deaton, 352 So. 2d 571 (Fla. 2d DCA 1977). None of these circumstances exist with regard to Israel; no contract exists, no fund was created, and no statutory authority supports such an award. Accordingly, despite any inference to the contrary in our prior order in Baxter,…
-
Paley v. Cocoa Masonry, Inc., 354 So. 2d 945 (Fla. 2d DCA 1978)…and to tax the same as costs against Paltuco. The foregoing statute provided the only basis for the assessment of attorneys’ fees in the prior suit since there was no other statutory or contractual basis for such an award. See Polk County v. Deaton, 352 So. 2d 571 (Fla. 2d DCA 1977). The inclusion of any aspect other than the mechanics’ lien foreclosure in arriving at fees to be taxed as costs would be an impermissible expansion of the legislative intent contained in the statute. Accord Jackson v. Hatch, 288…
-
Suwannee Cnty. v. Enoch E. Garrison, Jr., 417 So. 2d 1070 (Fla. 1st DCA 1982)…ces have been performed by an attorney in creating or bringing into court a fund or other property. Rivera v. Deauville Hotel Employees Service Corporation, 277 So. 2d 265 (Fla.1973); Kittel v. Kittel, 210 So. 2d 1 (Fla.1967); Polk County v. Deaton, 352 So. 2d 571 (Fla. 2nd DCA 1977). . Section 95.361 provides that when a road constructed by a county, municipality, or the state, has been maintained or repaired continuously and uninterruptedly for four years by the governmental entity, the road shall be deeme…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kittel v. Anne B. Kittel, 210 So. 2d 1 (Fla. 1967)
- State v. Griffin, 332 So. 2d 54 (Fla. 2d DCA 1976)