Robbins v. Johnson

District Court of Appeal of Florida

Robbins v. Johnson

100 So. 3d 1249, 2012 Fla. App. LEXIS 19817, 2012 WL 5678895

CourtDistrict Court of Appeal of Florida

DecidedNovember 16, 2012

DocketNo. 2D11-3285

StatusPublished

This text of 100 So. 3d 1249 (Robbins v. Johnson) 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

Robbins v. Johnson, 100 So. 3d 1249, 2012 Fla. App. LEXIS 19817, 2012 WL 5678895 (Fla. Ct. App. 2012).

Pincite

Opinion

KELLY, Judge.

Richard and Debbie Flynn filed a motion to clarify the order of the trial court entered on November 19, 2007, which determined that Richard L. Robbins had the right to possess certain real property sold to him by Thelma M. Johnson. After a hearing on the motion, the trial court entered an “Order Granting Final Judgment.” We affirm the order to the extent that it finds Mr. Robbins is required to pay the balance of the purchase price of the property plus interest accrued since January 3, 2008, and that Mr. and Mrs. Flynn have acquired the right to collect the payment of that debt or to foreclose on the property if Mr. Robbins fails to pay. However, we reverse the portion of the order which denies Mr. Robbins credit for attorney’s fees and costs accrued in pursuing the prior action to recover possession of the property. Accordingly, we remand for a determination of the final balance due to Mr. and Mrs. Flynn.

Affirmed in part, reversed in part, and remanded with directions.

MORRIS and BLACK, JJ., Concur.

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KELLY, Judge.

Richard and Debbie Flynn filed a motion to clarify the order of the trial court entered on November 19, 2007, which determined that Richard L. Robbins had the right to possess certain real property sold to him by Thelma M. Johnson. After a hearing on the motion, the trial court entered an “Order Granting Final Judgment.” We affirm the order to the extent that it finds Mr. Robbins is required to pay the balance of the purchase price of the property plus interest accrued since January 3, 2008, and that Mr. and Mrs. Flynn have acquired the right to collect the payment of that debt or to foreclose on the property if Mr. Robbins fails to pay. However, we reverse the portion of the order which denies Mr. Robbins credit for attorney’s fees and costs accrued in pursuing the prior action to recover possession of the property. Accordingly, we remand for a determination of the final balance due to Mr. and Mrs. Flynn.

Affirmed in part, reversed in part, and remanded with directions.

MORRIS and BLACK, JJ., Concur.

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Bluebook (online)

100 So. 3d 1249, 2012 Fla. App. LEXIS 19817, 2012 WL 5678895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robbins-v-johnson-fladistctapp-2012.