Legal Opinion
Nedd v. Gary
District Court of Appeal of Florida
Decided June 2, 2010No. 4D09-1446PublishedCited by 2 opinions
1Opinion of the CourtGross, C.J.
This is an appeal of an award of $1,440 in attorney’s fees. We reverse because there was no legal basis to justify the award.
Jillian and Kelvin Nedd settled a lawsuit with Willie Gary. As part of the settlement, Gary filed a notice of voluntary dismissal of his action against the Nedds. The Nedds filed a motion to enforce their settlement with Gary, contending that the dismissal should have been with prejudice. Gary opposed the motion. Without specifying the basis for his request, Gary sought an award of attorney’s fees for having to defend against the motion.
At a hearing on the Nedds’…
2Cases cited6 opinions
- Florida Patient's Compensation Fund v. RoweSupreme Court of Florida · 1985
- Moakley v. SmallwoodSupreme Court of Florida · 2002
- Bitterman v. BittermanSupreme Court of Florida · 1998
- Bane v. BaneSupreme Court of Florida · 2000
- T/F SYSTEMS, INC. v. MaltDistrict Court of Appeal of Florida · 2002
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bavelis v. Doukas (In re Bavelis)United States Bankruptcy Court, S.D. Ohio · 2017
- Anderson v. McDonoughDistrict Court of Appeal of Florida · 2016