Buckeye Land Co. v. Pershing Hotel Co.

Supreme Court of Florida

Buckeye Land Co. v. Pershing Hotel Co.

134 So. 56, 101 Fla. 270

Supreme Court of Florida·Decided March 20, 1931·Published

Opinion

Per Curiam.

The record and briefs in this case have been examined and it is found that no reversible error is made to appear except that there was no allegation in the declaration upon which to base the recovery of attorneys fees and neither was there sufficient proof to support a judgment for attorneys fees. The judgment included an allowance of $2,000.00 for attorney’s fees.

If within twenty days after the filing of the mandate in the trial court the plaintiff will enter remittitur of $2000.00 of the amount of the judgment, the judgment will stand affirmed for the remainder thereof as of the *271 date ox the entry thereof. Otherwise, the judgment is reversed for new trial.

It is so ordered.

Buford, O.J., and Whitfield, Terrell and Davis, J.J., concur.

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Per Curiam.

The record and briefs in this case have been examined and it is found that no reversible error is made to appear except that there was no allegation in the declaration upon which to base the recovery of attorneys fees and neither was there sufficient proof to support a judgment for attorneys fees. The judgment included an allowance of $2,000.00 for attorney’s fees.

If within twenty days after the filing of the mandate in the trial court the plaintiff will enter remittitur of $2000.00 of the amount of the judgment, the judgment will stand affirmed for the remainder thereof as of the *271 date ox the entry thereof. Otherwise, the judgment is reversed for new trial.

It is so ordered.

Buford, O.J., and Whitfield, Terrell and Davis, J.J., concur.

Buckeye Land Co. v. Pershing Hotel Co., 134 So. 56, 101 Fla. 270 (Fla. 1931).

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