ABD Management Corp. v. Robert L. Turchin, Inc., s. 85-1149
| Decision Date | 24 June 1986 |
| Docket Number | Nos. 85-1149,85-2664,s. 85-1149 |
| Citation | 490 So.2d 202,11 Fla. L. Weekly 1416 |
| Parties | 11 Fla. L. Weekly 1416 ABD MANAGEMENT CORPORATION, a Florida corporation, Appellant/Cross-Appellee, v. ROBERT L. TURCHIN, INC., a Florida corporation, Appellee, and Delcor Construction, Inc., Appellee/Cross-Appellant. . Opinion filed |
| Court | Florida District Court of Appeals |
Welbaum, Zook, Jones & Williams and Betsy L. Warwick, for appellant/cross-appellee.
Rosenberg, Reisman & Glass and Michele B. Softness, for appellee Turchin; Cooper, Shahady, Frazier & Pugatch and Eve N. Wagner, Ft. Lauderdale, for appellee/cross-appellant Delcor Const., Inc.
Before HENDRY, FERGUSON and JORGENSON, JJ.
The parties to these appeals are the owner of a 250-unit highrise apartment building, ABD Management Corp.; the general contractor who built it, Robert L. Turchin, Inc.; and a subcontractor, Delcor Construction, Inc. Appellant ABD challenges (1) the trial court's order requiring it to pay Delcor's attorney's fees and costs, and (2) the trial court's limitation of its cross-examination of an expert witness. Cross-appellant Delcor alleges as error the court's failure to award paralegal expenses as part of Delcor's award of attorney's fees.
Attorney's fees and costs incurred by the subcontractor in a suit to collect from the general contractor for work completed were assessed against the owner on the theory that the owner's failure to pay the general contractor caused the latter to default in payment to the subcontractor. We reverse on the authority of Peacock Construction Co. v. Modern Air Conditioning, Inc., 353 So.2d 840 (Fla.1977) () and Norin Mortgage Corp. v. Wasco, Inc., 343 So.2d 940 (Fla. 2d DCA 1977) (). In the absence of an agreement which clearly shifts such costs to the owner they are the responsibility of the general contractor.
We find no abuse of discretion in the court's imposition of a fifteen-minute limitation, divided between the two sides, for examining an expert witness on a damage issue, where the parties were...
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Acquisition Corp. of America v. American Cast Iron Pipe Co.
...So.2d 840 (Fla.1977). That being the case, expenses connected with such litigation are not recoverable. ABD Management v. Robert L. Turchin, Inc., 490 So.2d 202 (Fla. 3d DCA 1986); Norin Mortgage Corp. v. Wasco, Inc., 343 So.2d 940 (Fla. 2d DCA In addition, by far the vast majority of the f......
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Cline v. Rocky Mountain, Inc.
...such awards should include only fees for work actually performed by attorneys. See, e.g., ABD Management Corporation v. Robert L. Turchin, Inc., 490 So.2d 202 (Fla.Dist. Ct.App.1986) (per curiam); Bill Rivers Trailers, Inc. v. Miller, 489 So.2d 1139 (Fla.Dist. Ct.App.1986). Other states do ......
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...delay damages or default interest. We recognize that similar claims were asserted, but denied, in ABD Management Corp. v. Robert L. Turchin, Inc., 490 So.2d 202 (Fla.App.1986) and Norin Mortgage Corp. v. Wasco, Inc., 343 So.2d 940 (Fla.App.1977). However, in each of those cases the court's ......
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Estate of Paulk v. Lindamood
..."This legislation would reverse the decisions of the first [Bill Rivers ] and third districts [ ABD Management Corporation v. Robert L. Turchin, Inc., 490 So.2d 202 (Fla. 3d DCA 1986) ] and would specifically provide that an award of attorney's fees would include an award for the services o......