Ellis Rubin Law Offices, P.A. v. Ferguson

District Court of Appeal of Florida

Ellis Rubin Law Offices, P.A. v. Ferguson

596 So. 2d 1280, 1992 Fla. App. LEXIS 4944, 1992 WL 84135

CourtDistrict Court of Appeal of Florida

DecidedApril 28, 1992

DocketNo. 91-1029

StatusPublished

This text of 596 So. 2d 1280 (Ellis Rubin Law Offices, P.A. v. Ferguson) 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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Ellis Rubin Law Offices, P.A. v. Ferguson, 596 So. 2d 1280, 1992 Fla. App. LEXIS 4944, 1992 WL 84135 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

We briefly address one of several issues raised in this appeal from a judgment awarding attorney’s fees and damages for a wrongful replevin.

The award of fees is reversed because, as the appellees concede, it is not provided for by the applicable statute — section 78.21, Florida Statutes (1991). Sag Harbour Marine, Inc. v. Fickett, 484 So.2d 1250 (Fla. 1st DCA 1985) (where owner did not post forthcoming bond in creditor’s replevin action, provision of statute, which provides for attorneys fees when the owner ultimately prevails with an order dissolving prejudgment writ, did not apply), rev. denied, 494 So.2d 1150 (Fla.1986). The remaining issues are without merit.

Affirmed in part and reversed in part accordingly.

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PER CURIAM.

We briefly address one of several issues raised in this appeal from a judgment awarding attorney’s fees and damages for a wrongful replevin.

The award of fees is reversed because, as the appellees concede, it is not provided for by the applicable statute — section 78.21, Florida Statutes (1991). Sag Harbour Marine, Inc. v. Fickett, 484 So.2d 1250 (Fla. 1st DCA 1985) (where owner did not post forthcoming bond in creditor’s replevin action, provision of statute, which provides for attorneys fees when the owner ultimately prevails with an order dissolving prejudgment writ, did not apply), rev. denied, 494 So.2d 1150 (Fla.1986). The remaining issues are without merit.

Affirmed in part and reversed in part accordingly.

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Bluebook (online)

596 So. 2d 1280, 1992 Fla. App. LEXIS 4944, 1992 WL 84135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-rubin-law-offices-pa-v-ferguson-fladistctapp-1992.

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