Cristiani v. Cristiani, 1168
| Decision Date | 02 October 1959 |
| Docket Number | No. 1168,1168 |
| Citation | 114 So.2d 726 |
| Parties | Luise CRISTIANI, Appellant, v. Daviso CRISTIANI, Appellee. |
| Court | Florida District Court of Appeals |
Luise Cristiani, in pro. per.
No appearance for appellee.
The appellant in this interlocutory appeal, Luise Cristiani, through counsel referred to herein as first counsel, instituted suit for divorce in 1951. The appellant's husband filed an answer in which he alleged that the parties had become reconciled and were then living together as husband and wife. The record reflects no further action in the cause until 1959.
However, some two years prior to filing of this appeal appellant engaged a second firm of attorneys who associated with them a third firm and appear to have associated with the first counsel as well.
When appellant discovered that the first counsel was associated in the case again, she apparently decided that she did not wish to proceed further. Various things, not necessary to be detailed here, were done by her and the last two firms of attorneys to disassociate themselves from each other and from the case.
At about this same time the counsel who had appeared for appellant's husband when the suit was filed in 1951 moved to dismiss the cause for lack of prosecution and asked that their status as the defendant husband's attorney be clarified, alleging that they had had no further contact with him since the filing of the answer in 1951.
At about the same time the appellant's first counsel filed a petition for reasonable attorney's fees and for permission to withdraw as one of appellant's counsel upon payment of the fee.
On January 12, 1959 an order was entered dismissing the cause for lack of prosecution, the order providing, however, that the court retained jurisdiction to determine the liability of the appellant for attorney's fees due her first counsel.
On the next day, January 13th, the court entered an order in which the first counsel was awarded '* * * a judgment in the sum of $461.45, together with interest thereon at the rate of six per cent per annum, upon an account stated since February 21, 1951, against the Plaintiff herein, Luise Cristiani, for which let execution issue.'
In this order the court also said '* * * that as a condition precedent to future litigation with the defendant herein on divorce matters, by the said Luise Cristiani, said judgment shall be paid and satisfied.'
Appellant, who is acting in pro persona, assigns twenty-one errors to the orders entered by the trial court relating to the determination of status and withdrawal of counsel and to the order of January 13th awarding the judgment for attorney's fees against her. No brief has been filed by the appellee or by appellant's first counsel, in whose favor the judgment for attorney's fees was entered.
Only the last order deserves attention.
This order is in error on two points. The first relates to the propriety of a court of equity entering a judgment against the wife for attorney's fees...
To continue reading
Request your trial
-
Adams, George, Lee, Schulte, & Ward, P. A. v. Westinghouse Elec. Corp., 77-1650
...v. Olcott, 212 So.2d 119 (Fla.App.1968); St. Ana v. Wheeler Mattison Drugs, Inc., 129 So.2d 184 (Fla.App.1961); Cristiani v. Cristiani, 114 So.2d 726 (Fla.App.1959); Billingham v. Theile, 107 So.2d 238 (Fla.App.1958).2 The Greek god Apollo made his will known through a medium at Delphi, the......
-
Chaachou v. Chaachou, 59-548
...action at law. Brass v. Reed, supra, Fla.1953, 64 So.2d 646; Brasch v. Brasch, supra, Fla.App.1959, 109 So.2d 584; Cristiani v. Cristiani, Fla.App.1959, 114 So.2d 726. See Gay v. McCaughan, Fla.1958, 105 So.2d The rule pronounced in Diem v. Diem, 136 Fla. 824, 187 So. 569; Vosges Syndicate ......
-
Lochner v. Monaco, Cardillo & Keith, P.A.
...in a proceeding. Conroy v. Conroy, 370 So.2d 1188 (Fla. 2d DCA 1979), cert. den., 381 So.2d 765 (Fla.1980). Cristiani v. Cristiani, 114 So.2d 726 (Fla. 2d DCA 1959); see also Behar v. Root, 393 So.2d 1169 (Fla. 3d DCA 1981); Herold v. Hunt, 327 So.2d 240 (Fla. 4th DCA 1976). Because we conc......
-
Behar v. Root, 80-155
...is a matter to be tried in a separate action at law. Barranco, Darlson, Daniel & Bluestein, P. A. v. Winner, supra; Cristiani v. Cristiani, 114 So.2d 726 (Fla. 2d DCA 1959). Behar then commenced this action for breach of contract and quantum meruit. After the jury returned a verdict favorab......