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Florida District Courts of Appeal, 1978

Frank v. Land Services, Inc.

Frank v. Land Services, Inc.
Florida District Courts of Appeal · Decided July 26, 1978 · Danahy, Ott, Scheb
360 So. 2d 1304; 1978 Fla. App. LEXIS 16051 (Southern Reporter, Second Series)

Frank v. Land Services, Inc.

Opinion of the Court

OTT, Judge,

We reverse that portion of the order of the trial court fixing and allowing attorney’s fees to Mr. J. Hardin Peterson, Jr. and remand the case for further proceedings in order to delete from such award any sums included therein for services rendered on appeal.1

SCHEB, A. C. J., and DANAHY, J., concur.

. While Section 59.46, Fla.Stat. (1977) now provides for attorney’s fees to the prevailing party on appeal, that provision was not in effect at the time the trial court awarded fees in this case. See Ohio Realty Investment Corp. v. Southern Bank of West Palm Beach, 300 So.2d 679 (Fla. 1974).

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