KCL ASSOCIATES, A FLORIDA PARTNERSHIP, APPELLANT,
v.
ISLAMORADA REALTY, INC., A FLORIDA CORPORATION, APPELLEE
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Court affirmed dismissal of interpleader complaint where plaintiff's liability to competing broker commission claimants arose from independent contracts rather than a common source, and affirmed attorney's fee award of $17,100 based on 136.8 hours at $125/hour.
Interpleader is improper where a plaintiff's potential liability to multiple claimants arises from independent contracts between the plaintiff and each claimant, rather than from claims with a common origin or dependent relationship.
[1] Interpleader is inappropriate where a plaintiff's liability to multiple claimants arises from independent contracts between the plaintiff and each claimant rather than fr…
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Join FLexlaw to unlock all legal intelligenceKCL Associates sought interpleader relief regarding potential liability for broker's commissions owed to two parties under separate, independent contr…
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PER CURIAM.
Dismissal of a complaint for interpleader was correct where the interpleader-plain-tiff’s potential liability to two parties claiming broker’s commissions, was based on independent contracts between the inter-pleader and those claiming under the separate agreements. See Sea Management Serv., Ltd. v. Club Sea, Inc., 512 So. 2d 1025 (Fla. 3d DCA 1987) (interpleader is appropriate only where claims are dependent or have common origin, the same thing, debt, duty or stake is claimed by defendants, and plaintiff has no interest in the subject matter and is in a position of indifference, having incurred no independent liability to either of the claimants); Riverside Bank v. Florida Dealers and Growers Bank, 151 So. 2d 834 (Fla. 1st DCA 1963) (same).
No abuse of discretion is shown in the trial court’s award of a $17,100 fee based on 136.8 hours of the attorneys’ time at $125 per hour. The award finds sufficient evidentiary support in the record. See City of Sunrise v. West Broward Utils., Inc., 311 So. 2d 175 (Fla. 4th DCA) (appellate function is to examine the record and determine if there is substantial competent evidence to support the amounts allowed for attorney’s fees), cert. denied, 325 So. 2d 10 (Fla.1975).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Riverside Bank OF Jacksonville v. Fla. Dealers & Growers Bank, 151 So. 2d 834 (Fla. 1st DCA 1963)
- SEA Mgmt. Serv., Ltd. v. Club SEA, Inc., 512 So. 2d 1025 (Fla. 3d DCA 1987)
- City OF Sunrise v. W. Broward Utils., Inc., 311 So. 2d 175 (Fla. 4th DCA 1975)
- State v. State, 325 So. 2d 10 (Fla. 1975)
- City OF Sunrise v. W. Broward Utils., Inc., 325 So. 2d 10 (Fla. 1975)