Florida District Courts of Appeal, 1980

Taylor v. Cooke

Taylor v. Cooke
Florida District Courts of Appeal · Decided September 30, 1980 · Hendry, Nesbitt, Schwartz
388 So. 2d 1082; 1980 Fla. App. LEXIS 23600 (Southern Reporter, Second Series)

Taylor v. Cooke

Opinion of the Court

PER CURIAM.

The judgment below is affirmed with the sole exception of the provisions which declared the three named plaintiffs-appellees a legally cognizable class and accordingly assessed attorney’s fees against the defendant-appellant Taylor. None of the prerequisites for such a determination were present in this case. See, Frankel v. City of Miami Beach, 340 So.2d 463 (Fla. 1976); Harrell v. Hess Oil and Chemical Corp., 287 So.2d 291, 293-94 (Fla. 1973); Fla.R.Civ.P. 1.220.

Affirmed in part, reversed in part.

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