Legal Opinion
Peppercorn Et Vir. v. Bencini
Supreme Court of Florida
Decided May 5, 1931PublishedCited by 2 opinions
1Opinion of the CourtBuford, C.J.
This was a suit to foreclose a mortgage. The bill of complaint did not contain any allegation upon which a valid order requiring the payment of attorney’s fees could be based.
The decree contained a provision requiring the payment of $3,491.21 as attorney’s fees. Because of the reason above stated this was error. Brett vs. First National Bank of Marianna, 97 Fla. 284, 120 Sou. 554; Brooks vs. Roberts, 97 Fla. 374, 120 Sou. 765; Rosemary Corporation vs. Parker, 97 Fla. 691, 121 Sou. 903.
The decree was filed December 21st, 1928. On September 20th, 1928, the defendants filed in court in Cashiers…
2Cases cited3 opinions
- Brett v. First National Bank of MariannaSupreme Court of Florida · 1929
- Brooks v. RobertsSupreme Court of Florida · 1929
- Rosemary Corp. v. ParkerSupreme Court of Florida · 1929
3Cited by2 opinions
- Bank of Commerce & Industry v. Rolls Construction Corp. (In re Rolls Construction Corp.)United States Bankruptcy Court, S.D. Florida. · 1987
- Coplan Pipe & Supply Co. v. Ben-Frieda Corp.District Court of Appeal of Florida · 1970