FRANK J. ROONEY, INC. N/K/A CENTEX-ROONEY CONSTRUCTION CO., INC., APPELLANT,
v.
LEISURE RESORTS, INC., ET AL., APPELLEES
FRANK J. ROONEY, INC. N/K/A CENTEX-ROONEY CONSTRUCTION CO., INC., APPELLANT,
LEISURE RESORTS, INC., ET AL., APPELLEES
624 So. 2d 779
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 33 cases
Opinion of the Court
PER CURIAM.
This is an appeal from an order taxing fees and costs entered subsequent to final judgment in a third-party action on an indemnity claim, which final judgment was reversed in Frank J. Rooney, Inc. v. Leisure Resorts, Inc., 624 So. 2d 779 (Fla. 4th DCA 1993). In light of reversal of the main appeal upon which this order was predicated, the order is reversed and the cause remanded for further proceedings consistent herewith.1
REVERSED and REMANDED.
ANSTEAD and WARNER, JJ., and MAGER, GERALD, Senior Judge, concur. . This court has certified the main appeal to the Supreme Court of Florida. See opinion rendered this date.
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Mgmt. Computer Controls, Inc. v. Charles Perry Constr., Inc., 743 So. 2d 627 (Fla. 1st DCA 1999)…s well as the other claims arising out of the contract. A document may be incorporated by reference in a contract if the contract specifically describes the document and expresses the parties’ intent to be bound by its terms. See Kantner v. Boutin, 624 So. 2d 779, 781 (Fla. 4th DCA 1993); Temple Emanu-El of Greater Fort Lauderdale v. Tremarco Industries, Inc., 705 So. 2d 983 (Fla. 4th DCA 1998). The contract must contain more than a mere reference to the collateral document, but it need not state that it is…
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BGT Grp., Inc. v. Tradewinds Engine Servs., LLC, 62 So. 3d 1192 (Fla. 4th DCA 2011)…the incorporated [collateral] document’ ” and (2) the collateral document to be incorporated must be “ ‘sufficiently described or referred to in the incorporating agreement’ ” so that the intent of the parties may be ascertained. Kantner v. Boutin, 624 So. 2d 779, 781 (Fla. 4th DCA 1993) (quoting Hurwitz v. C.G.J. Corp., 168 So. 2d 84, 87 (Fla. 3d DCA 1964)). The Supreme Court set forth the second requirement for incorporation by reference in OBS Co. v. Pace Construction Corp., 558 So. 2d 404, 406 (Fla.1990)…
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Tagge Franzen v. Lacuna Golf Ltd. P'ship, 717 So. 2d 1090 (Fla. 4th DCA 1998)…tutory fees, and the record does not contain a basis for such an award of attorney’s fees. Appellees’ claim attorney’s fees pursuant to the prevailing party’s attorney’s fee provision contained in the Declaration. Appellants cite Kantner v. Boutin, 624 So. 2d 779 (Fla. 4th DCA 1993), in support of their argument that they are not bound by the Declaration because the Agreement does not state that it is subject to the Declaration. In Kantner, this court concluded that the doctrine of incorporation by reference…
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- Kantner v. Boutin, 624 So. 2d 779 (Fla. 4th DCA 1993)