First National Bank & Trust Co. v. Bryan

District Court of Appeal of Florida

First National Bank & Trust Co. v. Bryan

427 So. 2d 392, 1983 Fla. App. LEXIS 19148

CourtDistrict Court of Appeal of Florida

DecidedMarch 9, 1983

DocketNo. 82-783

StatusPublished

Cited by4 cases

This text of 427 So. 2d 392 (First National Bank & Trust Co. v. Bryan) 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

First National Bank & Trust Co. v. Bryan, 427 So. 2d 392, 1983 Fla. App. LEXIS 19148 (Fla. Ct. App. 1983).

Pincite

Opinion

HERSEY, Judge.

In garnishment proceedings the trial court required the garnishee bank to pay one-half of the fee of its own attorney for representation in the garnishment proceedings, as a cost of doing business; the other one-half of the fee was split between the garnishor and the defendant in garnishment. Allocation of that portion of the fee not required to be paid by the bank between the garnishor and the defendant in garnishment was appropriate in view of the fact that these parties entered into a settlement agreement, so that as between them there was no prevailing party. The bank, on the other hand, was merely a stakeholder and was entitled under the statute, Section 77.28, Florida Statutes (1981), to be reimbursed for the total amount expended as attorney’s fees. That amount was specifically found by the court to represent a reasonable fee.

Reversed and remanded for entry of a judgment in favor of the bank for the total amount of its attorney’s fees and costs.

REVERSED and REMANDED.

HURLEY and WALDEN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

HERSEY, Judge.

In garnishment proceedings the trial court required the garnishee bank to pay one-half of the fee of its own attorney for representation in the garnishment proceedings, as a cost of doing business; the other one-half of the fee was split between the garnishor and the defendant in garnishment. Allocation of that portion of the fee not required to be paid by the bank between the garnishor and the defendant in garnishment was appropriate in view of the fact that these parties entered into a settlement agreement, so that as between them there was no prevailing party. The bank, on the other hand, was merely a stakeholder and was entitled under the statute, Section 77.28, Florida Statutes (1981), to be reimbursed for the total amount expended as attorney’s fees. That amount was specifically found by the court to represent a reasonable fee.

Reversed and remanded for entry of a judgment in favor of the bank for the total amount of its attorney’s fees and costs.

REVERSED and REMANDED.

HURLEY and WALDEN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

427 So. 2d 392, 1983 Fla. App. LEXIS 19148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-trust-co-v-bryan-fladistctapp-1983.

Opinion

Related

Cite This Page — Counsel Stack