STANLEY CAIDIN, INDIVIDUALLY AND AS TRUSTEE, APPELLANT,
v.
PHYLLIS ZIPES LAKOW, AND IRIS ZIPES EGAN, INDIVIDUALLY AND AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF PHILLIP ZIPES, ET AL., APPELLEES
STANLEY CAIDIN, INDIVIDUALLY AND AS TRUSTEE, APPELLANT,
PHYLLIS ZIPES LAKOW, AND IRIS ZIPES EGAN, INDIVIDUALLY AND AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF PHILLIP ZIPES, ET AL., APPELLEES
718 So. 2d 885
Florida District Court of Appeal, Third District (1998)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Schwartz, Gold & Cohen, P.A. v. Streicher, 549 So. 2d 1044 (Fla. 4th DCA 1989).
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Ajax Paving Indus., Inc. v. The Hardaway Co., 824 So. 2d 1026 (Fla. 2d DCA 2002)…t 1995 subcontract applicable to Ajax. It argues, however, that Ajax is not entitled to prevailing party fees because a judgment on the merits was not entered in favor of Ajax. Hardaway relies on Sal’s Abatement Corp. v. Sid Harvey Industries, Inc., 718 So. 2d 885 (Fla. 3d DCA 1998), and O.A.G. Corp. v. Britamco Undowriters, Inc., 707 So. 2d 785 (Fla. 3d DCA 1998), in support of its argument. Those cases, however, are distinguishable from the instant case. The contractual fee provision in Sal’s and the statut…
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Magdalena v. Toyota Motor Corp., 253 So. 3d 24 (Fla. 3d DCA 2017)…ther a party was entitled to an award of attorney's fees under section 627.428, Florida Statutes, which requires the "rendition of a judgment" for entitlement to attorney's fees. Additionally, in Sal's Abatement Corp. v. Sid Harvey Industries, Inc., 718 So. 2d 885 (Fla. 3d DCA 1998), and O.A.G. Corp. v. Britamco Underwriters, Inc., 707 So. 2d 785, 786 n.1 (Fla. 3d DCA 1998), abrogated on other grounds by Caufield v. Cantele, 837 So. 2d 371 (Fla. 2002), this Court held that a voluntary dismissal is not an adju…
Authorities Cited
- Schwartz, Gold & Cohen, P.A. v. Streicher, 549 So. 2d 1044 (Fla. 4th DCA 1989)