Florida District Courts of Appeal, 1994

Militana v. Cosby

Militana v. Cosby
Florida District Courts of Appeal · Decided November 30, 1994 · Blue, Parker, Quince
647 So. 2d 910; 1994 Fla. App. LEXIS 11498; 1994 WL 665400 (Southern Reporter, Second Series)

Militana v. Cosby

Opinion of the Court

BLUE, Judge.

Marie Militana and Richard Militana appeal the award of attorneys’ fees in conjunction with a final judgment in Betty Cosby’s favor. We affirm the award of fees against Richard Militana but reverse the award against Marie Militana. Because only Richard Militana signed the promissory note that authorizes the fee award, we direct the trial court to strike the fees from the lien against the property and assess them only against Richard Militana.

Affirmed in part, reversed in part and remanded.

PARKER, A.C.J., and QUINCE, J., concur.

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