MCBRO, A DIVISION OF MCCARTHY BROTHERS COMPANY ("MCBRO"), APPELLANT,
v.
FISCHBACH & MOORE, INC., APPELLEE

Fla. 3d DCA | 1991-04-02
No. 90-1630
Before HUBBART, BASKIN and GERSTEN, JJ.
576 So. 2d 1360 Florida District Court of Appeal, Third District (1991) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Schnurmacher Holding, Inc. v. Noriega, 542 So. 2d 1327 (Fla.1989); Cuevas v. Potamkin Dodge, Inc., 483 So. 2d 55 (Fla. 3d DCA 1986); Loxahatchee River Environmental Control Dist. v. Guy Villa & Sons, Inc., 371 So. 2d 111 (Fla. 4th DCA 1978), cert. denied, 378 So. 2d 346 (Fla.1979); § 682.13(l)(c), Fla.Stat. (1987); compare Cuevas v. Potamkin Dodge, Inc., 455 So. 2d 398 (Fla. 3d DCA 1984) (party who voluntarily enters into arbitration agreement which does not provide for fees is not entitled to recover such fees).


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Cited By

  • Fischbach & Moore, Inc. v. McBRO, 619 So. 2d 324 (Fla. 3d DCA 1993)
    …RIAM. Appellant/cross-appellee, Fischbach & Moore (F & M), appeals the trial court’s amended final judgment denying post-judgment interest. Appellee/cross-appellant, McBro, requests this court to revisit its decision in McBRO v. Fischbach & Moore, 576 So. 2d 1360 (Fla. 3d DCA 1991) {McBRO I), which affirmed the trial court’s partial summary judgment in favor of F & M for attorneys fees it incurred in an arbitration proceeding. An appellate court has the power to reconsider and reverse a previous ruling tha…
  • Clay v. The Prudential Ins. Co. OF Am., 617 So. 2d 433 (Fla. 4th DCA 1993)
    …ers Ins. Co., 477 So. 2d 634 (Fla. 4th DCA 1985). Accordingly, we reverse and remand with direction to award such fee for the above period, using the same hourly rate and without the application of a contingency fee multiplier. Clay v. Prudential, 576 So. 2d 1360 (Fla. 4th DCA 1991). On remand, the trial court calculated the remainder of the reasonable fee for the previously rejected period to be an additional $141,875 and entered an order for that sum. The beneficiary then sought interest from April 20,199…

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