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Campbell v. Maze

Allie William CAMPBELL v. James W. MAZE

Campbell v. Maze, 307 So. 2d 234 (Fla. Dist. Ct. App. 1975)
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Subsequent history: aff'd, Campbell v. Maze, 339 So. 2d 202 (Fla. 1976). (read from the later opinion; check before relying)

Court
District Court of Appeal of Florida · State Appellate Courts
Decided
January 31, 1975
Docket
No. 74-963
Judges
Mager, Owen, Walden
Citations
307 So. 2d 2341975 Fla. App. LEXIS 14600

Opinion of the Court — Owen

Text extracted by OCR from a scanned original; check the original for exact wording.

OWEN, Chief Justice.

Petitioners (defendants in a personal injury action in which plaintiff took a voluntary dismissal) seek review of an order taxing costs pursuant to Rule 1.420(d), R.C.P., wherein the court declined to assess attorney’s fees as part of the costs.

In support of their position, the petitioners rely upon the case of Royal-Globe Insurance Companies v. Indian River Gas Co., Fla.App.1973, 281 So.2d 380 . 1 That was a split decision, and with due deference, we decline to follow that case. Instead, we adopt the view expressed by Judge Wigginton in his dissent, wherein he stated as follows:

“It has long been the law of Florida that except where attorney’s fees may be al *235 lowed in equity from a specific fund or property which may be lawfully charged with their payment, attorney’s fees may not be recovered except when specifically authorized by statute or by agreement of the parties.” (Footnote Omitted.)

We conclude that the petition for writ of certiorari is without merit and therefore it should be and is hereby denied.

Certiorari denied.

WALDEN and MAGER, JJ, concur.

. Petitioners also cite numerous federal decisions, the citations of which we omit.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1976: 21983: 11997: 119762026peak 1976 · 2

Relies on it most ⓘ

  1. STATE, DEPARTMENT OF CITRUS v. Griffin332 So. 2d 54 (Fla. Dist. Ct. App. 1976)
  2. Sholkoff v. BOCA RATON COMMUNITY HOSP.693 So. 2d 1114 (Fla. Dist. Ct. App. 1997)
  3. Campbell v. Maze339 So. 2d 202 (Fla. 1976)
  4. In re Estate of Lewis442 So. 2d 290 (Fla. Dist. Ct. App. 1983)

Most recent

  1. Sholkoff v. BOCA RATON COMMUNITY HOSP.693 So. 2d 1114 (Fla. Dist. Ct. App. 1997)
  2. In re Estate of Lewis442 So. 2d 290 (Fla. Dist. Ct. App. 1983)
  3. Campbell v. Maze339 So. 2d 202 (Fla. 1976)
  4. STATE, DEPARTMENT OF CITRUS v. Griffin332 So. 2d 54 (Fla. Dist. Ct. App. 1976)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Royal-Globe Ins. Cos. v. Indian River Gas Co., 281 So. 2d 380 (Fla. Dist. Ct. App. 1973) 5

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