Gilbert v. Jabour

District Court of Appeal of Florida

Gilbert v. Jabour

527 So. 2d 951, 13 Fla. L. Weekly 1577, 1988 Fla. App. LEXIS 2823, 1988 WL 67781

CourtDistrict Court of Appeal of Florida

DecidedJuly 5, 1988

DocketNo. 87-2340

StatusPublished

This text of 527 So. 2d 951 (Gilbert v. Jabour) 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

Gilbert v. Jabour, 527 So. 2d 951, 13 Fla. L. Weekly 1577, 1988 Fla. App. LEXIS 2823, 1988 WL 67781 (Fla. Ct. App. 1988).

Pincite

Opinion

PER CURIAM.

Michael Gilbert, a tenant who recovered a judgment against his landlord in a personal injury action, appeals from an order of the trial court denying his motion to assess attorney’s fees against the landlord. We affirm.

Gilbert’s tort action was based upon the landlord’s breach of a duty imposed by the Florida Residential Landlord and Tenant Act, section 83.51(l)(a), Florida Statutes (1983). Section 83.48 of the statute limits the recovery of attorney’s fees to the prevailing party in an action brought to enforce the provisions of a rental agreement. Thus, Gilbert is not entitled to recover attorney’s fees incurred in his tort action against his landlord.

[952]*952Accordingly, we affirm the trial court’s order.

Affirmed.

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PER CURIAM.

Michael Gilbert, a tenant who recovered a judgment against his landlord in a personal injury action, appeals from an order of the trial court denying his motion to assess attorney’s fees against the landlord. We affirm.

Gilbert’s tort action was based upon the landlord’s breach of a duty imposed by the Florida Residential Landlord and Tenant Act, section 83.51(l)(a), Florida Statutes (1983). Section 83.48 of the statute limits the recovery of attorney’s fees to the prevailing party in an action brought to enforce the provisions of a rental agreement. Thus, Gilbert is not entitled to recover attorney’s fees incurred in his tort action against his landlord.

[952]*952Accordingly, we affirm the trial court’s order.

Affirmed.

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Bluebook (online)

527 So. 2d 951, 13 Fla. L. Weekly 1577, 1988 Fla. App. LEXIS 2823, 1988 WL 67781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-v-jabour-fladistctapp-1988.