The Fourth District Court of Appeal ruled yesterday in Miller v. Miller, a case in which the Appellant raised seven different reasons why an order granting attorneys’ fees to the Appellee should be reversed. The Fourth District found merit in the first argument raised, which was that it was error for the Court to grant prevailing party fees under the Marital Settlement Agreement for a modification, when the prevailing party clause was self-limiting to enforcement actions. The Appellee argued that his action for modification was inextricably intertwined with the Appellant’s simultaneous contempt action. Citing Wendel v. Wendel, 852 So.2d 277, 282 (Fla. 2d DCA 2003), the Court found that contractual fee provisions are required to be strictly construed, and as such found that the plain language of the agreement prevented an award of fees for a modification action. The Appellee’s claim of intertwined issues was rejected because the work on the contempt and enforcement were not indistinguishable from each other, pursuant to Franzen v. Lacuna Golf Ltd. P’ship, 717 So.2d 1090, 1093 (Fla. 4th DCA 1998). On remand the trial court was mandated to vacate the fee award.
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
You would think after forty-seven thousand gazillion years of jurisprudence, litigators would be savvy enough to not argue the same re...
-
Here's an interesting opinion from Magistrate Judge Torres awarding defendants attorney's fees for opposing a copyright infringemen...
-
Federal Rule Violation If you have been charged with USCA0024 FEDERAL RULE VIOLATION you can call a Defense Attorney Tampa at 1-877-793-9290...
-
I don't know, I feel like we're getting a little Frank Jimenez chronic here, and yet more news keeps breaking. Now it's this , i...
-
The Second District Court of Appeal ruled yesterday in Payne v. Payne , a case in which the parties sought dissolution of a seventeen year m...
-
Shuster & Saben Defeats US Bank & Douglas Zahm PA in Foreclosure Appeal In 2011, firm attorney Richard Shuster obtained the dis...
-
In Atlantic Shores v. 507 South Street Corporation, here's the link , the court held that an objecting neighbor could not litigate a hei...
-
Tallahassee Police Department Cyber Crimes Unit tallahassee.com - www.tallahassee.com "Hard drive duplication is one of the first and m...
-
In Powell v. City of Sarasota, here's the link, http://www.2dca.org/opinion/September%2013,%202006/2D05-4850.pdf , the Second DCA held t...
-
"ANKARA, Turkey -- On Aug. 16, 2005, a CNN television news bulletin alerted viewers that computers at the network's New York and At...
Không có nhận xét nào:
Đăng nhận xét