Crystal Properties, Inc. v. Florida Industrial Construction Co.

District Court of Appeal of Florida

Crystal Properties, Inc. v. Florida Industrial Construction Co.

350 So. 2d 362, 1977 Fla. App. LEXIS 16479

CourtDistrict Court of Appeal of Florida

DecidedOctober 5, 1977

DocketNo. 76-1637

StatusPublished

Cited by1 cases

This text of 350 So. 2d 362 (Crystal Properties, Inc. v. Florida Industrial Construction Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Crystal Properties, Inc. v. Florida Industrial Construction Co., 350 So. 2d 362, 1977 Fla. App. LEXIS 16479 (Fla. Ct. App. 1977).

Pincite

Opinion

PER CURIAM.

This is an appeal from a summary judgment of mechanic’s lien foreclosure. The only point of merit relates to the award of attorney’s fees.

The final judgment includes a $7,500 attorney’s fee, presumably based upon an attorney’s affidavit which was submitted following the hearing on the motion for summary judgment. There was no showing that the parties agreed to waive the adversary proceedings otherwise required to determine the amount of a reasonable attorney’s fee. See Ellis v. Barnett Bank of Lakeland, 341 So.2d 545 (Fla.2d DCA 1977); Siciliano v. Hunerberg, 135 So.2d 750 (Fla.2d DCA 1961).

Accordingly, that portion of the judgment awarding attorney’s fees is reversed, and the cause is remanded for further proceedings to set a reasonable fee; otherwise, the judgment is affirmed.

BOARDMAN, C. J., and GRIMES and OTT, JJ., concur.

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