Supreme Court of Florida, 1931

Buckeye Land Co. v. Pershing Hotel Co.

Buckeye Land Co. v. Pershing Hotel Co.
Supreme Court of Florida · Decided March 20, 1931 · Buford, Whitfield, Terrell, Davis
134 So. 56; 101 Fla. 270 (Southern Reporter)

Buckeye Land Co. v. Pershing Hotel Co.

Opinion of the Court

Per Curiam.

The record and briefs in this case have been examined and it is found that no reversible error is made to appear except that there was no allegation in the declaration upon which to base the recovery of attorneys fees and neither was there sufficient proof to support a judgment for attorneys fees. The judgment included an allowance of $2,000.00 for attorney’s fees.

If within twenty days after the filing of the mandate in the trial court the plaintiff will enter remittitur of $2000.00 of the amount of the judgment, the judgment will stand affirmed for the remainder thereof as of the *271 date ox the entry thereof. Otherwise, the judgment is reversed for new trial.

It is so ordered.

Buford, O.J., and Whitfield, Terrell and Davis, J.J., concur.

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