River Bend Marine, Inc. v. Sailing Associates, Inc., s. 87-3084

Decision Date22 February 1989
Docket NumberNos. 87-3084,88-0325,s. 87-3084
Citation14 Fla. L. Weekly 515,539 So.2d 507
Parties14 Fla. L. Weekly 515 RIVER BEND MARINE, INC., and Sheldon Lake, Appellants, v. SAILING ASSOCIATES, INC., and Meridian Bank, formerly known as American Bank and Trust Company of PA., Appellees. RIVER BEND MARINE, INC., and Sheldon Lake, Appellants, v. MERIDIAN BANK, formerly known as American Bank and Trust Company of PA., Appellee.
CourtFlorida District Court of Appeals

Consolidated appeals from the Circuit Court for Broward County; Robert Abel, Jr., Judge.

Arthur M. Wolff of Wolff & Gora, P.A., Fort Lauderdale, for appellants.

Richard R. Goetz of Hodgson, Russ, Andrews, Woods & Goodyear, Boca Raton, for appellee-Meridian Bank.

PER CURIAM.

We affirm the final order dismissing the plaintiffs' complaint. Cate v. Oldham, 450 So.2d 224 (Fla.1984); Cypher v. Segal, 501 So.2d 112 (Fla. 4th DCA 1987). However, the final order awarding attorney's fees pursuant to section 57.105, Florida Statutes, is reversed. See Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla.1982); Jones v. Charles, 518 So.2d 445 (Fla. 4th DCA 1988).

HERSEY, C.J., STONE, J., and FRANK, RICHARD H., Associate Judge, concur.

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3 cases
  • Urbanek v. 18th Hole at Inverrary Condominium Ass'n, Inc., 90-1880
    • United States
    • Florida District Court of Appeals
    • July 10, 1991
    ...(Fla. Mar. 1, 1991) (No. 77,570). The final judgment was affirmed in Jaye because of Cypher and River Bend Marine, Inc. v. Sailing Assocs., Inc., 539 So.2d 507 (Fla. 4th DCA 1989). The foundation of both Cypher and River Bend was Cate v. Oldham, 450 So.2d 224 (Fla.1984), which suggested in ......
  • Jaye v. Royal Saxon, Inc., 89-3246
    • United States
    • Florida District Court of Appeals
    • January 30, 1991
    ...Although both Cate and Cypher involved acts of public officials, those cases were deemed controlling in River Bend Marine, Inc. v. Sailing Assoc., Inc., 539 So.2d 507 (Fla. 4th DCA 1989), involving only private parties. We note that the First District, in Turkey Creek, Inc. v. Londono, 567 ......
  • Low v. Powerline Service, Inc., 87-3378
    • United States
    • Florida District Court of Appeals
    • February 22, 1989

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