EDITH MAYNARD DAVIS, APPELLANT,
v.
MODERN WOODMEN OF AMERICA, APPELLEE
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This case involves an appeal concerning an attorney's fee awarded to the plaintiff in an interpleader action. The appellate court reversed the portion of the decree that allowed the fee, finding it erroneous.
No, the trial judge erred in allowing an attorney's fee to the plaintiff because the suit on the contract was filed prior to the interpleader action, which is contrary to established legal principles regarding attorney's fees in such cases.
“It is urged that the trial judge erred when he allowed the plaintiff an attorney's fee because suit upon the contract of insurance had been brought by the cross appellant prior to the time of the filing of the bill of interpleader.”
This quote states the core argument raised by the appellant regarding the attorney's fee.
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Join FLexlaw to unlock all legal intelligenceEdith Maynard Davis, a defendant who prevailed in the trial court, cross-assigned as error the trial court's allowance of an attorney's fee to the pla…
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This is an appeal from a final decree in an action of interpleader. A notice of appeal was filed by one of the defendants, Raymond Andrew Davis. Defendant, Edith Maynard Davis, who.prevailed in the trial court, cross assigned as error the provision in the final decree which allowed an attorney’s fee to the plaintiff, Modern Woodmen of America. Thereafter, upon motion by Edith Maynard Davis, the appeal brought by Raymond Andrew Davis was dismissed, and it was further ordered that the cross assignment of error shall stand as an appeal to be processed by Edith Maynard Davis as by an appellant.
It is urged that the trial judge erred when he allowed the plaintiff an attorney’s fee because suit upon the contract of insurance had been brought by the cross appellant prior to the time of the filing of the bill of interpleader. The record reveáis that this case is governed by the principle relative to attorney’s fees upon bills of interpleader set forth by the Supreme Court of Florida in Drummond Title Company v. Weinroth, Fla.1955, 77 So.2d 606, 610, and Equitable Life Assurance Society of U. S., v. Nichols, Fla.1956, 84 So.2d 500, 501.
Therefore, the allowance of an attorney’s fee was erroneous.
The decree is reversed in part.
HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mfrs. Life Ins. Co. v. Ruthine Cave, 295 So. 2d 103 (Fla. 1974)…gal entitlement vel non to a fee, and that as the insurer’s refusal of payment was in good faith and not wrongful, no attorney’s fee was due. See also, Dade County et al. v. Trombly, 104 So. 2d 606 (Fla.App.1958); Davis v. Modern Woodmen of America, 118 So. 2d 805 (Fla.App.1960). Significantly, respondent in no way refutes the applicability of the decision of this Court in Nichols, supra, to the case at bar. In fact, respondent makes no reference to this controlling decision but rather cites several decision…
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Rafter v. Miami Gables Realty, Inc., 428 So. 2d 351 (Fla. 3d DCA 1983)…he defendants in the interpleader proceedings. Equitable Life Assurance Society v. Nichols, 84 So. 2d 500 (Fla.1956); Drummond Title Co. v. Weinroth, 77 So. 2d 606; [*354] Brown v. Marsh, 98 Fla. 253, 123 So. 762; Davis v. Modern Woodmen of America, 118 So. 2d 805 (Fla. 3d DCA 1960). In Drummond Title Co. v. Weinroth, the title company, acting as escrow agent, refused to release funds held by it when a controversy arose among the seller, purchaser and procuring broker of a real estate transaction. It was not…
Authorities Cited
- The Equitable Life Assurance Soc'y OF the United States & Marjorie C. Walsh v. Nichols, 84 So. 2d 500 (Fla. 1956)
- Drummond Title Co. v. Isreal S. Weinroth, 77 So. 2d 606 (Fla. 1955)