J. E. ROGERS AND BERTHA A. ROGERS, HIS WIFE, APPELLANTS,
v.
EQUITABLE BANK & TRUST COMPANY OF MIAMI, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLEE
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The Florida Supreme Court affirmed a lower court's decree in part but reversed the allowance of attorney fees, citing a prior ruling.
Yes, the allowance of attorney fees was erroneous. The court found this specific part of the decree to be in error.
“there is no error in the said decree except as to the allowance of attorney fees in the final decree which allowance is error under the holding in Brett v. First National Bank of Marianna, 97 Fla. 284, 120 So. 554”
This quote explains the court's finding of error regarding attorney fees and cites the precedent.
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Join FLexlaw to unlock all legal intelligenceThe case involved an appeal by J. E. Rogers and Bertha A. Rogers against a decree from the Equitable Bank & Trust Company of Miami. The specific facts…
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— This cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said decree except as to the allow*620anee of attorney fees in the final decree which allowance is error under the holding in Brett v. First National Bank of Marianna, 97 Fla. 284, 120 So. 554; it is, therefore, considered, ordered and decreed by the Court that the final decree be, and the same is hereby reversed in so far as it allows attorney fees, and said decrees are affirmed in all other respects.
Whitfield, Ellis, Terrell and Davis, J.J., concur.
Buford, C.J., and Brown, J., dissent.