HELEN P. TURKE AND GEORGE J. TURKE, D/B/A SILVER PALM GROVES, APPELLANT,
v.
KIMBALL TOPPERS, INC., A FOREIGN CORPORATION, APPELLEE
HELEN P. TURKE AND GEORGE J. TURKE, D/B/A SILVER PALM GROVES, APPELLANT,
KIMBALL TOPPERS, INC., A FOREIGN CORPORATION, APPELLEE
450 So. 2d 312
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Because there was no contractual or statutory basis for such an award, the award of attorney’s fees is reversed. The trial court s final default judgment is otherwise affirmed.
Affirmed in part, reversed in part.
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Citator
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Mancini v. Personalized AIR Conditioning & Heating, Inc., 702 So. 2d 1376 (Fla. 4th DCA 1997)…the question is what is meant by “non-media defendant,” a term not appearing within the statute, but only in case law. See, e.g., Della-Donna v. Gore Newspapers Co., 463 So. 2d 414 (Fla. 4th DCA 1985); Demolfetta v. American Sightseeing Tours, Inc., 450 So. 2d 312 (Fla. 3d DCA 1984). The use of the phrase “non-media defendant” in these eases was not meant to distinguish between individuals and corporations, but rather to separate third parties who are not engaged in the dissemination of news and information…
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Alphonse Della-Donna v. Gore Newspapers Co., 463 So. 2d 414 (Fla. 4th DCA 1985)…PER CURIAM. The summary judgment entered in this cause is reversed. Section 770.01, Florida Statutes (1983), does not apply to non-media defendants. Demolfetta v. American Sightseeing Tours, 450 So. 2d 312 (Fla. 3d DCA 1984); Davies v. Bossert, 449 So. 2d 418 (Fla. 3d DCA 1984); Bridges v. Williamson, 449 So. 2d 400 (Fla. 2d DCA 1984). Accordingly, this cause is remanded for further proceedings. REVERSED AND REMANDED. DOWNEY, HURLEY and BARKETT, J…