Haskell v. Rollins, s. 94-0884

Decision Date10 May 1995
Docket Number94-1131,Nos. 94-0884,s. 94-0884
Citation653 So.2d 1149
Parties20 Fla. L. Weekly D1138 David HASKELL, Appellant, v. Deanna ROLLINS, Appellee.
CourtFlorida District Court of Appeals

Consolidated appeals from the Circuit Court for Palm Beach County; James T. Carlisle, Judge.

Michelle S. Kohn of Nicoletti, Block, Duffy, Poncy & Kohn, P.A., Wellington, for appellant.

Thomas E. Kingcade of Thomas E. Kingcade, P.A., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED.

DELL, C.J., and FARMER, J., concur.

GLICKSTEIN, J., concurs in part and dissents in part with opinion.

GLICKSTEIN, Judge, concurring in part and dissenting in part.

I concur with the majority on the merits of the action, but disagree on the award of attorneys' fees by the trial court. As to that, I would reverse and remand with direction to apportion appellant's responsibility for same in accordance with the interest he received. See Sec. 64.081, Fla.Stat. (1993); Diaz v. Security Union Title Ins. Co., 639 So.2d 1004, 1006 (Fla. 3d DCA), rev. denied, 649 So.2d 232 (Fla.1994) (holding that cotenants of property each possessing a one-half interest in property are each liable for one-half of the attorneys' fees awarded); Daugharty v. Daugharty, 441 So.2d 1160 (Fla. 1st DCA 1983), rev. denied, 450 So.2d 486 (Fla.1984).

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