Connors v. Thomann

• Decision Date: 30 July 1982
• Docket Number: No. 81-2079,81-2079
• Parties: Kathryn CONNORS, Appellant, v. Joseph D. THOMANN and Florence M. Thomann, Appellees.
• Court: Florida District Court of Appeals

Page 770

417 So.2d 770

Kathryn CONNORS, Appellant, v. Joseph D. THOMANN and Florence M. Thomann, Appellees.

No. 81-2079.

District Court of Appeal of Florida,

Second District.

July 30, 1982.

Appeal from Circuit Court, Charlotte County; Richard M. Stanley, judge.

B. Robert Ohle, St. Petersburg, for appellant.

Stephen deH. Schwarz of Olmsted, Schwarz, Kahle & Casanueva, Port Charlotte, for appellees.

PER CURIAM.

We affirm the judgment for compensatory and punitive damages and the injunction against future harassment. However, there was no contractual or statutory basis upon which to predicate the award of attorney's fees. Shavers v. Duval County, 73 So.2d 684 (Fla.1954). Even if appellant's conduct could be deemed fraudulent, this was not a case in which the offender's wrongful act forced the aggrieved person into litigation with a third party. See Stinson v. Feminist Women's Health Center, 416 So.2d 1183, (Fla. 1st DCA 1982).

The judgment is affirmed with the exception that the court is directed to eliminate from taxable costs that portion which constitutes attorney's fees.

BOARDMAN, A. C. J., and GRIMES and DANAHY, JJ., concur.