THE FLORIDA NATIONAL BANK AT GAINESVILLE, APPELLANT,
v.
ALFRED AND ANN GOLDSTEIN FOUNDATION, INC., A NEW YORK CORPORATION, APPELLEE
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The court held that Florida Statutes § 675.115 and § 672.710 do not provide a basis for awarding attorneys' fees in this case.
Appellant issued a letter of credit that was dishonored upon presentation, leading appellee to sue for damages. The trial court awarded attorneys' fee…
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BOYER, Chief Judge.
Appellant issued an irrevocable letter of credit which was dishonored upon presentation. Appellee filed suit seeking damages including attorneys’ fees. The learned trial judge entered a summary final judgment in favor of appellee holding that F.S. 675.115 and F.S. 672.710 afforded a basis for the award of attorneys’ fees although no provision therefor is found in the letter of credit the dishonor of which resulted in the litigation. The sole point on this appeal is the propriety of that holding. The amount of the attorneys’ fees awarded is not in controversy.
The right to recover attorneys’ fees as part of costs did not exist at common law. (Codomo v. Emanuel, Sup.Ct. Fla. 1956, 91 So. 2d 653) Attorneys’ fees may not be taxed as costs unless provided for by statute or contract. (Shavers v. Duval County, Sup.Ct.Fla. 1954, 73 So. 2d 684) The award of attorneys’ fees being in derogation of the common law, any statute providing for an award thereof must be strictly construed. (Great American Indemnity Company v. Williams, Sup.Ct. Fla.1956, 85 So. 2d 619; Gullette v. Ochoa, Fla.App.1st, 1958, 104 So. 2d 799) However, in appropriate cases attorneys’ fees may constitute an element of recoverable damages. (Glusman v. Lieberman, Fla.App.4th, 1973, 285 So. 2d 29, and cases therein cited).
Construing F.S. 675.115 and F.S. 672.710 in the light of the facts of this case and in the light of F.S. 671.103 and F.S. 671.106(1), we hold that those statutes were not intended to afford a vehicle for the award of attorneys’ fees either as costs nor as “commercially reasonable charges, expenses or commissions”. (See Neri v. Retail Marine Corporation, 30 N. Y.2d 393, 334 N.Y.S.2d 165, 285 N.E. 2d 311).
Accordingly, that portion of the summary final judgment here appealed by which attorneys’ fees were fixed and awarded to appellee is reversed.
RAWLS and’McCORD, JJ., concur.
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Pony Express Courier Corp. of Fla. v. Zimmer, 475 So. 2d 1316 (Fla. 2d DCA 1985)…t District in Baxter’s Asphalt & Concrete, Inc. v. Liberty County, 406 So. 2d 461, 467 (Fla. 1st DCA 1981), vacated on other grounds, 421 So. 2d 505, (Fla.1982), and in Florida National Bank at Gainesville v. Alfred & Ann Goldstein Foundation, Inc., 327 So. 2d 110 (Fla. 1st DCA 1976). The Fourth District in Glusman v. Lieberman, 285 So. 2d 29 (Fla. 4th DCA 1973), prior to the First and Third District’s expression of the concept, acknowledged that the recovery of attorney’s fees may be appropriate beyond the…
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The Fla. Nat'l Bank AT Gainesville v. Joseph I. & Evelyn J. Lubin Found., Inc., 328 So. 2d 464 (Fla. 1st DCA 1976)…PER CURIAM. Presented here is the identical issue posed in the Florida National Bank at Gainesville v. Alfred and Ann Goldstein Foundation, Inc., Fla.App., 327 So. 2d 110, opinion filed February 10, 1976. Upon the authority of Florida National Bank at Gainesville v. Goldstein Foundation, Inc., that portion of the summary final judgment here appealed by which attorney’s fees were fixed and awarded to appellee is rever…
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Perkins State Bank v. Connolly, 632 F.2d 1306 (5th Cir. 1980)…Florida court which has interpreted a provision in the Uniform Commercial Code which arguably allows for awards of attorney’s fees has applied this strict approach. In Florida National Bank at Gainesville v. Alfred & Ann Goldstein Foundation, Inc., 327 So. 2d 110 (Fla.Dist.Ct.App.-1st Dist. 1976), the court held that Fla.Stat. § 675.5-115 (remedy for improper dishonor or anticipatory repudiation) did not allow for attorney’s fees, either as costs or as damages; this conclusion was reached in spite of that se…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shavers v. Duval Cnty., 73 So. 2d 684 (Fla. 1954)
- Great Am. Indem. Co. v. Doretha Williams, 85 So. 2d 619 (Fla. 1956)
- Glusman v. Lieberman, 285 So. 2d 29 (Fla. 4th DCA 1973)
- Smith v. Gifford, 91 So. 2d 653 (Fla. 1956)
- Codomo v. Obert Emanuel, 91 So. 2d 653 (Fla. 1956)
- Gullette v. Ochoa, 104 So. 2d 799 (Fla. 1st DCA 1958)