Revitz v. Terrell

District Court of Appeal of Florida

Revitz v. Terrell

627 So. 2d 554, 1993 Fla. App. LEXIS 11784, 1993 WL 482460

CourtDistrict Court of Appeal of Florida

DecidedNovember 23, 1993

DocketNo. 92-138

StatusPublished

Cited by1 cases

This text of 627 So. 2d 554 (Revitz v. Terrell) 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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Revitz v. Terrell, 627 So. 2d 554, 1993 Fla. App. LEXIS 11784, 1993 WL 482460 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

On consideration of appellant’s motion for rehearing, we withdraw the opinion dated December 29, 1992, 611 So.2d 1293, and substitute the following opinion:

The plaintiff, Robert Revitz, appeals from a final judgment in favor of the defendants, Roy A. Terrell, Jr., Charlyne S. Terrell, A.F. “Jerry” Egan, Inc.¹ and Faye Buchanan, entered by the trial court upon remand. The plaintiff also appeals from the trial court’s order awarding attorneys’ fees to the defendants in the amount of $181,000.00. We reverse.

We reverse based on our conclusion that the trial court upon remand did not follow the law of the case established in Revitz v. Terrell, 572 So.2d 996 (Fla. 3d DCA 1990). See Wood v. Department of Professional Regulation, Board of Dentistry, 490 So.2d 1079 (Fla. 1st DCA 1986); Brunner Enterprises, Inc. v. Department of Revenue, 452 So.2d 550 (Fla.1984). Accordingly, we reverse the final judgment entered in favor of the defendants and the order awarding attorneys’ fees to the defendants, and remand with instructions to enter judgment in favor of the plaintiff for zero dollars. Upon remand, pursuant to the real estate contract, the plaintiff, as the prevailing party, is also to be awarded attorney’s fees.

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PER CURIAM.

On consideration of appellant’s motion for rehearing, we withdraw the opinion dated December 29, 1992, 611 So.2d 1293, and substitute the following opinion:

The plaintiff, Robert Revitz, appeals from a final judgment in favor of the defendants, Roy A. Terrell, Jr., Charlyne S. Terrell, A.F. “Jerry” Egan, Inc.¹ and Faye Buchanan, entered by the trial court upon remand. The plaintiff also appeals from the trial court’s order awarding attorneys’ fees to the defendants in the amount of $181,000.00. We reverse.

We reverse based on our conclusion that the trial court upon remand did not follow the law of the case established in Revitz v. Terrell, 572 So.2d 996 (Fla. 3d DCA 1990). See Wood v. Department of Professional Regulation, Board of Dentistry, 490 So.2d 1079 (Fla. 1st DCA 1986); Brunner Enterprises, Inc. v. Department of Revenue, 452 So.2d 550 (Fla.1984). Accordingly, we reverse the final judgment entered in favor of the defendants and the order awarding attorneys’ fees to the defendants, and remand with instructions to enter judgment in favor of the plaintiff for zero dollars. Upon remand, pursuant to the real estate contract, the plaintiff, as the prevailing party, is also to be awarded attorney’s fees.

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Bluebook (online)

627 So. 2d 554, 1993 Fla. App. LEXIS 11784, 1993 WL 482460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/revitz-v-terrell-fladistctapp-1993.

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