Legal Opinion
Tubbs v. Mechanik Nuccio Hearne & Wester, P.A.
District Court of Appeal of Florida
Decided July 26, 2013No. 2D12-1177PublishedCited by 18 opinions
1Opinion of the Court
WALLACE, Judge.
Michael L. Tubbs and Raymond A. Tubbs (collectively, the Tubbses) challenge an award of attorney’s fees and taxable costs against them and in favor of Me-chanik Nuccio Hearne & Wester, P.A. (Mechanic Nuccio), the assignee of RC Highlands Holdings of Florida, Inc. (RC Highlands). The trial court determined that RC Highlands was the prevailing party for the purpose of an award of attorney’s fees under the parties’ agreement after the Tubbses dismissed their foreclosure claims against RC Highlands. Because the trial court abused its discretion in determining that RC Highlands…
2Cases cited27 opinions
- Moritz v. Hoyt Enterprises, Inc.Supreme Court of Florida · 1992
- Thornber v. City of Ft. Walton BeachSupreme Court of Florida · 1990
- D'ANGELO v. FitzmauriceSupreme Court of Florida · 2003
- Kirton v. FieldsSupreme Court of Florida · 2008
- Georgia Casualty Co. v. O'DonnellSupreme Court of Florida · 1933
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3Cited by18 opinions
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- VALENCIA GOLF AND COUNTRY CLUB HOMEOWNERS' ASSOCIATION, INC. v. COMMUNITY RESOURCE SERVICES, INC.District Court of Appeal of Florida · 2019
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