Hackenberg v. Artesian Pools of East Florida, Inc., 83-210
| Decision Date | 03 November 1983 |
| Docket Number | No. 83-210,83-210 |
| Citation | 440 So.2d 475 |
| Parties | Wilhelm HACKENBERG and Ingrid Hackenberg, Appellants, v. ARTESIAN POOLS OF EAST FLORIDA, INC., Appellee. |
| Court | Florida District Court of Appeals |
Gregory J. McDole, Daytona Beach, for appellants.
William F. Poole, IV, of William (Fred) Poole, IV, P.A., Orlando, for appellee.
This is an "appeal" from an appeal to the circuit court after judgment in the county court. Of course, there is no such appeal. We treat the notice of appeal as a petition for writ of certiorari and deny it. Further, we grant appellee's motion for attorney fees under Section 57.105, Florida Statutes (1981) and remand the matter to the circuit court to hold a hearing to take evidence and assess a reasonable amount for those fees.
It is so ordered.
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2 cases
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Johnson v. Citizens State Bank
...Wingate v. Department of Highway Safety and Motor Vehicles, 442 So.2d 1023, 1024 (Fla. 5th DCA 1983); Hackenberg v. Artesian Pools of East Florida, Inc., 440 So.2d 475 (Fla. 5th DCA 1983); Radio Communications Corp. v. Oki Electronics of America, Inc., 277 So.2d 289, 290 (Fla. 4th DCA 1973)......
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Johnson v. Citizens State Bank
...Combs v. State, 436 So.2d 93 (Fla.1983), and there is authority for the procedure requested by appellant, Hackenberg v. Artesian Pools, Inc., 440 So.2d 475 (Fla. 5th DCA 1983). Before determining whether the petition, if so construed, demonstrated a preliminary basis for relief, this court ......