ALL AMERICAN SEMI-CONDUCTOR, INC., APPELLANT/CROSS-APPELLEE,
v.
ELLISON GRAPHICS CORPORATION, ETC., ET AL., APPELLEES/CROSS-APPELLANTS
PER CURIAM.
We affirm the final judgment. However, we reverse and remand as to the amount of the attorney’s fees award. Appellant/garnishee was not “an innocent stake holder drawn into controversy” but resisted the writ of garnishment on its own behalf and for its own interest. United States Pipe and Foundry Co. v. Holcomb Pipe Lines, Inc., 465 F. 2d 827 (5th Cir.1972); Ebsary Foundation Co. v. Barnett Bank, 569 So. 2d 806 (Fla. 3d DCA 1990). On remand, we direct the trial judge to restrict appellant/garnishee’s attorney’s fees award to the $100 deposit provided by section 77.28, Florida Statutes (1989). Ebsary.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED WITH DIRECTIONS.
HERSEY, STONE and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Haas v. ROE, 696 So. 2d 1254 (Fla. 2d DCA 1997)…granting entitlement to the fees, were technically deficient in that neither contained any language expressly finding that there was a complete absence of a justiciable issue of either law and fact raised by the complaint. See Hirtreiter v. Donovan, 594 So. 2d 342 (Fla. 2d DCA 1992); see also Ware v. Land Title Co. of Fla., Inc., 582 So. 2d 46 (Fla. 2d DCA 1991); Apgar & Markham Constr. of Fla., Inc. v. Macasphalt, Inc., 424 So. 2d 41 (Fla. 2d DCA 1983). We note, however, that the appellant did not raise this…
-
Mickler v. Graham, 611 So. 2d 93 (Fla. 1st DCA 1992)…nt and must be reversed and remanded. On remand, the trial court may reimpose those fees only if it makes the necessary findings based on the record. Whitten v. Progressive Casualty Insur. Co., 410 So. 2d 501, 506 (Fla. 1982); Hirtreiter v. Donovan, 594 So. 2d 342 (Fla. 2d DCA1992); Harrison v. Rambuski, 567 So. 2d 56 (Fla. 2d DCA1990); Warshaw v. Monroy, 515 So. 2d 307 (Fla. 3d DCA1987); Sheriff of Alachua County v. Hardie, 433 So. 2d 15, 16 (Fla. 1st DCA1983) (statutory award of attorney’s fees must be base…
-
Broad AND Cassel v. Newport Motel, Inc., 636 So. 2d 590 (Fla. 3d DCA 1994)…mplete absence of a justiciable issue of either law or fact raised by the plaintiff in the action. Whitten v. Progressive Casualty Ins. Co., 410 So. 2d 501, 506 (Fla.1982); Mickler v. Graham, 611 So .2d 93 (Fla. 1st DCA 1992); Hirtreiter v. Donovan, 594 So. 2d 342 (Fla. 2d DCA 1992); Harrison v. Rambuski, 567 So. 2d 56 (Fla. 2d DCA 1990); Personnel One, Inc. v. John Sommerer & Co., P.A., 564 So. 2d 1217, 1219 (Fla. 3d DCA 1990); Warshaw v. Monroy, 515 So. 2d 307 (Fla. 3d DCA 1987); Sheriff of Alachua County v…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ebsary Found. Co. v. Barnett Bank OF S. Fla., N.A., 569 So. 2d 806 (Fla. 3d DCA 1990)
- United States Pipe & Foundry Co. v. Holcomb Pipe Lines, Inc., 465 F.2d 827 (5th Cir. 1972)