Johnson & Panico, P. A. v. Couch

District Court of Appeal of Florida

Johnson & Panico, P. A. v. Couch

350 So. 2d 1080, 1977 Fla. App. LEXIS 16387

CourtDistrict Court of Appeal of Florida

DecidedSeptember 13, 1977

DocketNo. 76-2545

StatusPublished

Cited by1 cases

This text of 350 So. 2d 1080 (Johnson & Panico, P. A. v. Couch) 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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Johnson & Panico, P. A. v. Couch, 350 So. 2d 1080, 1977 Fla. App. LEXIS 16387 (Fla. Ct. App. 1977).

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Opinion

DAUKSCH, Judge.

Appellants seek to have the Judgment of the trial court reversed after a non-jury trial. No transcript of the testimony was provided for our review. We have no alternative but to affirm. Pierson v. Sharp, 283 So.2d 880 (Fla. 4th DCA 1973). Rosenstein v. Raticoff, 265 So.2d 387 (Fla. 4th DCA 1972).

The Judgment finds that “Count 8 [is] a contingency fee contract [and] said contingency has not occurred . . . ” In the judgment the court properly denies the Appellant any relief under Count 8 and includes the words “shall go hence without day.” These words should not be included since the Appellant would not be barred from bringing action should Appellee fail to pay a lawful indebtedness if the contingency does occur. The Judgment is hereby modified to delete the words “and shall go hence without day.”

AFFIRMED as modified.

ALDERMAN, C. J., and ANSTEAD, J., concur.

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DAUKSCH, Judge.

Appellants seek to have the Judgment of the trial court reversed after a non-jury trial. No transcript of the testimony was provided for our review. We have no alternative but to affirm. Pierson v. Sharp, 283 So.2d 880 (Fla. 4th DCA 1973). Rosenstein v. Raticoff, 265 So.2d 387 (Fla. 4th DCA 1972).

The Judgment finds that “Count 8 [is] a contingency fee contract [and] said contingency has not occurred . . . ” In the judgment the court properly denies the Appellant any relief under Count 8 and includes the words “shall go hence without day.” These words should not be included since the Appellant would not be barred from bringing action should Appellee fail to pay a lawful indebtedness if the contingency does occur. The Judgment is hereby modified to delete the words “and shall go hence without day.”

AFFIRMED as modified.

ALDERMAN, C. J., and ANSTEAD, J., concur.

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350 So. 2d 1080, 1977 Fla. App. LEXIS 16387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-panico-p-a-v-couch-fladistctapp-1977.

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