Thibert v. Thibert, 58-334

Decision Date02 December 1958
Docket NumberNo. 58-334,58-334
Citation106 So.2d 918
PartiesAllan James THIBERT, Robert I. Thibert and Lucille Thibert, Appellants, v. Muriel THIBERT, Appellee.
CourtFlorida District Court of Appeals

G. David Parrish, Miami, for appellants.

McDonald & McDonald, Miami, for appellee.

PER CURIAM.

The final decree appealed from in this cause, being a summary final decree cancelling certain instruments, is affirmed, except as to the provision therein for attorneys' fees for plaintiff's attorneys; and the order for attorneys' fees, having been entered in the absence of any provision for such fees by statute or by contract, must be and hereby is reversed, on authority of Brite v. Orange Belt Securities Co., 133 Fla. 266, 182 So. 892. See also Hoffman v. Barlly, Fla.App.1957, 97 So,2d 355, and cases cited therein.

Affirmed in part and reversed in part.

CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.

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7 cases
  • Campbell v. Maze
    • United States
    • Florida Supreme Court
    • November 4, 1976
    ...So.2d at 381, citing Granoff v. Cherin, 270 So.2d 430 (Fla.App.3rd 1972); Kittel v. Kittel, 210 So.2d 1 (Fla.1967); Thibert v. Thibert, 106 So.2d 918 (Fla.App.3rd 1958). Judge Wigginton also noted that neither case cited by the First District majority supports taxation of attorney's fees as......
  • Shelmark Land Corp. v. Zayas, 63-198
    • United States
    • Florida District Court of Appeals
    • December 10, 1963
    ...basis for allowing such a recovery under the pleadings in this case. See: Re Field's Estate, Fla.App.1960, 121 So.2d 46; Thibert v. Thibert, Fla.App.1958, 106 So.2d 918. That portion of the amended summary judgment is accordingly Affirmed in part; reversed in part. 1 See Herring v. Eiland, ......
  • Royal-Globe Ins. Companies v. Indian River Gas Co.
    • United States
    • Florida District Court of Appeals
    • August 16, 1973
    ...disposition of this review. 1 Granoff v. Cherin (Fla.App.1972) 270 So.2d 430; Kittel v. Kittel (Fla.1967) 210 So.2d 1; Thibert v. Thibert (Fla.App.1958) 106 So.2d 918.2 Troutman Enterprises, Inc. v. Robertson (Fla.App.1973) 273 So.2d 11.3 Goldstein v. Great Atlantic & Pacific Tea Company (F......
  • Ginsberg v. Ginsberg, 61-34
    • United States
    • Florida District Court of Appeals
    • April 6, 1961
    ...therefor, and in the absence of same, we conclude that the able chancellor was without authority to make the award. See Thibert v. Thibert, Fla.App.1958, 106 So.2d 918; Hoffman v. Barlly, Fla.App.1957, 97 So.2d As to the appellant's second contention, that the cost of taking and transcribin......
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