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Wagner v. Birdman

District Court of Appeal of Florida, Third District
Dec 4, 1984
460 So. 2d 463 (Fla. Dist. Ct. App. 1984)

Summary

denying award of attorney's fees after discharge of lis pendens, based on lack of statutory authority

Summary of this case from S and T Builders v. Globe Properties

Opinion

No. 84-868.

December 4, 1984.

Appeal from the Circuit Court, Dade County, Dick C.P. Lantz, J.

Koppen Watkins and George J. Lott, Miami, for appellants.

Norman Malinski, Miami, for appellees.

Before BARKDULL, BASKIN and JORGENSON, JJ.


After the trial court discharged a lis pendens, it assessed attorney's fees in favor of the property owner. We find this error, there being no specific authority in the statutes providing for such fees. Section 48.23(3), Florida Statutes (1983). Therefore we reverse such order. See Kittel v. Kittel, 210 So.2d 1 (Fla. 1968).

Reversed and remanded.


Summaries of

Wagner v. Birdman

District Court of Appeal of Florida, Third District
Dec 4, 1984
460 So. 2d 463 (Fla. Dist. Ct. App. 1984)

denying award of attorney's fees after discharge of lis pendens, based on lack of statutory authority

Summary of this case from S and T Builders v. Globe Properties
Case details for

Wagner v. Birdman

Case Details

Full title:DONALD W. WAGNER AND TRAVIS HUNOLD, TRUSTEE OF INTERNATIONAL TRADE…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 4, 1984

Citations

460 So. 2d 463 (Fla. Dist. Ct. App. 1984)

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