American Savings of Florida, F.S.B. v. Anderson, Moss, Parks, Meyers & Sherouse

District Court of Appeal of Florida

American Savings of Florida, F.S.B. v. Anderson, Moss, Parks, Meyers & Sherouse

658 So. 2d 558, 1995 Fla. App. LEXIS 6378, 1995 WL 353565

District Court of Appeal of Florida·Decided June 14, 1995·No. No. 94-2051·Published

Opinion

PER CURIAM.

We affirm: 1) the Final Order Determining Entitlement to Attorney’s Fees and Awarding Same and 2) the Amended Final Judgment. It was within the trial court’s jurisdiction to determine an issue of state law, Zaklama v. Mount Sinai Medical Ctr., 906 F.2d 650 (11th Cir.1990), and to enter a judgment in favor of the law firms Anderson, Moss, Parks, Meyers & Sherouse, and Hicks, Anderson & Blum on their charging hens to recover attorneys’ fees from American Savings and Loan Association. Manufacturers Hanover Trust Co. v. Crossland Sav., FSB, 177 A.D.2d 78, 581 N.Y.S.2d 744 (1992). As the trial court correctly recognized, the resolution of issues regarding the Office of Thrift Supervision’s scope of authority to enter the cease and desist orders falls within the purview of the Federal court, rather than the Florida court. Id.; 12 U.S.C.A. § 1818(i) (West 1989 & Supp.1995). American’s remaining points lack merit.

Affirmed.

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PER CURIAM.

We affirm: 1) the Final Order Determining Entitlement to Attorney’s Fees and Awarding Same and 2) the Amended Final Judgment. It was within the trial court’s jurisdiction to determine an issue of state law, Zaklama v. Mount Sinai Medical Ctr., 906 F.2d 650 (11th Cir.1990), and to enter a judgment in favor of the law firms Anderson, Moss, Parks, Meyers & Sherouse, and Hicks, Anderson & Blum on their charging hens to recover attorneys’ fees from American Savings and Loan Association. Manufacturers Hanover Trust Co. v. Crossland Sav., FSB, 177 A.D.2d 78, 581 N.Y.S.2d 744 (1992). As the trial court correctly recognized, the resolution of issues regarding the Office of Thrift Supervision’s scope of authority to enter the cease and desist orders falls within the purview of the Federal court, rather than the Florida court. Id.; 12 U.S.C.A. § 1818(i) (West 1989 & Supp.1995). American’s remaining points lack merit.

Affirmed.

American Savings of Florida, F.S.B. v. Anderson, Moss, Parks, Meyers & Sherouse, 658 So. 2d 558, 1995 Fla. App. LEXIS 6378, 1995 WL 353565 (Fla. Ct. App. 1995).

Pincite

658 So. 2d 558 (American Savings of Florida, F.S.B. v. Anderson, Moss, Parks, Meyers & Sherouse) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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