Florida District Courts of Appeal, 1989

Schler v. Weiss

Schler v. Weiss
Florida District Courts of Appeal · Decided April 11, 1989 · Barkdull, Dell, Schwartz
541 So. 2d 166; 14 Fla. L. Weekly 903; 1989 Fla. App. LEXIS 1939; 1989 WL 33978 (Southern Reporter, Second Series)

Schler v. Weiss

Opinion of the Court

PER CURIAM.

The trial court correctly determined the merits of this case by summary judgment for the defendant. There is no basis, however, for deducting from the amounts admittedly due the plaintiff his alleged “pro rata share of the expenses” involved either in collecting the funds in question or in attorney’s fees. The provision for a set-off for these amounts as provided in paragraph 1(0 is stricken from the final judgment which is otherwise affirmed.

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