Don Mowery, Inc. v. Hill

District Court of Appeal of Florida

Don Mowery, Inc. v. Hill

453 So. 2d 923, 9 Fla. L. Weekly 1737, 1984 Fla. App. LEXIS 14600

CourtDistrict Court of Appeal of Florida

DecidedAugust 9, 1984

DocketNo. 84-873

StatusPublished

This text of 453 So. 2d 923 (Don Mowery, Inc. v. Hill) 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.

Bluebook

Don Mowery, Inc. v. Hill, 453 So. 2d 923, 9 Fla. L. Weekly 1737, 1984 Fla. App. LEXIS 14600 (Fla. Ct. App. 1984).

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Opinion

COBB, Chief Judge.

The petitioner, Don Mowery, Inc., seeks certiorari review of a circuit court’s refusal to consider, on appeal from county [924]*924court, an award of attorney fees under section 57.105, Florida Statutes (1983), on the basis that, as a matter of law, such an award by a trial court cannot be appealed. This erroneous determination constitutes a departure from essential requirements of law, and such is conceded by the respondents. See Whitten v. Progressive Cas. Ins. Co., 410 So.2d 501 (Fla.1982); Allen v. Estate of Dutton, 384 So.2d 171 (Fla. 5th DCA), review denied, 392 So.2d 1373 (Fla.1980).

We have reviewed the record of the county court proceedings, however, and conclude that its fee award should be sustained. Therefore, no prejudice resulted to petitioner from the circuit court’s error. See Clermont Marine Sales, Inc. v. Harmon, 347 So.2d 839 (Fla. 2d DCA 1977). Accordingly, in the exercise of our discretion, we deny the petition for writ of certio-rari. See Combs v. State, 436 So.2d 93 (Fla.1983).

PETITION DENIED.

DAUKSCH and SHARP, JJ., concur.

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COBB, Chief Judge.

The petitioner, Don Mowery, Inc., seeks certiorari review of a circuit court’s refusal to consider, on appeal from county [924]*924court, an award of attorney fees under section 57.105, Florida Statutes (1983), on the basis that, as a matter of law, such an award by a trial court cannot be appealed. This erroneous determination constitutes a departure from essential requirements of law, and such is conceded by the respondents. See Whitten v. Progressive Cas. Ins. Co., 410 So.2d 501 (Fla.1982); Allen v. Estate of Dutton, 384 So.2d 171 (Fla. 5th DCA), review denied, 392 So.2d 1373 (Fla.1980).

We have reviewed the record of the county court proceedings, however, and conclude that its fee award should be sustained. Therefore, no prejudice resulted to petitioner from the circuit court’s error. See Clermont Marine Sales, Inc. v. Harmon, 347 So.2d 839 (Fla. 2d DCA 1977). Accordingly, in the exercise of our discretion, we deny the petition for writ of certio-rari. See Combs v. State, 436 So.2d 93 (Fla.1983).

PETITION DENIED.

DAUKSCH and SHARP, JJ., concur.

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453 So. 2d 923, 9 Fla. L. Weekly 1737, 1984 Fla. App. LEXIS 14600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/don-mowery-inc-v-hill-fladistctapp-1984.

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