Florida District Courts of Appeal, 1981

Causeway Lumber Co. v. Associated Florida Contractors, Inc.

Causeway Lumber Co. v. Associated Florida Contractors, Inc.
Florida District Courts of Appeal · Decided September 30, 1981 · Glickstein, Hurley, Letts
404 So. 2d 190; 1981 Fla. App. LEXIS 21218 (Southern Reporter, Second Series)

Causeway Lumber Co. v. Associated Florida Contractors, Inc.

Opinion of the Court

PER CURIAM.

In the final judgment being appealed, the trial court denied the award of late charges against the corporate appellee (which did not appear) and the award of attorneys’ fees against both appellees. It appears that the reason for these denials may have been for the lengthy delays in the prosecution of this action. We can find no other basis for the denials in the record.

In our opinion all of the delays should not be attributed to appellant’s counsel. Accordingly, we reverse that portion of the final judgment denying the awards of late charges and attorneys’ fees, affirm the balance of the final judgment and remand to the trial court for the award of late charges and attorneys’ fees.

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

GLICKSTEIN and HURLEY, JJ., concur. LETTS, C. J., dissents in part with opinion.

Dissenting Opinion

LETTS, Chief Judge,

dissenting in part:

I dissent.

Resort to the record reveals that the protracted delay in obtaining a final judgment in this case was principally attributable to the inattention of counsel. Indeed the trial judge had to write a letter demanding action. This inattentiveness we now reward with interest and late charges! I must protest this aspect of the majority opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.