Avery v. Schmelter
Avery v. Schmelter
374 So. 2d 95; 1979 Fla. App. LEXIS 15434
(Southern Reporter, Second Series)
Avery v. Schmelter
Opinion of the Court
Upon consideration of the record, briefs and arguments of counsel for the respective parties, we determine the trial court erred in entering summary final judgment, as a genuine material issue of fact existed as to whether or not it was an intent of the parties that attorneys’ fees would come out of the proceeds of the recovery.
Accordingly, the summary final judgment is reversed and the cause remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.