455 So. 2d 573 | Fla. Dist. Ct. App. | 1984
The order entered after and pursuant to our opinion and mandate in Pollock v. T & M Investments, Inc., 420 So.2d 99 (Fla. 3d DCA 1982), pet. for rev. denied, 430 So.2d 452 (Fla.1983), was erroneous insofar as it terminated as of March 12, 1979,
We also find error in the order declining to award attorney’s fees for the efforts of Pollock’s lawyers in enforcing the contempt order. In view of the “long history of non-compliance by T & M” which we have already commented upon, 420 So.2d at 100, and which has lengthened considerably since we did, this holding was a clear abuse of discretion. Ibis Construction Co. v. Sinclair, 406 So.2d 510 (Fla. 3d DCA 1981), and cases cited.
We therefore direct that, forthwith upon remand,
. This was the date a fraudulent conveyance from T & M to Morton was set aside. See Morton v. Pollock, 386 So.2d 1327 (Fla. 3d DCA 1980) (per curiam); Pollock v. Morton, 455 So.2d 574 (Fla. 3d DCA 1984); Pollock v.T&M Investments, Inc., 420 So.2d at 100-101.
. There is no merit in the appellant’s remaining contentions.
. We so order because of what we have called in the companion case, Pollock v. Morton, 455 So.2d 574 (Fla. 3d DCA 1984), an "intolerable" history of delay and obstructions in and to the vindication of Dr. Pollock's established rights in this cause.
.These include, but are not necessarily limited to, the principal judgment of December 6, 1982; the order and judgment of May 26, 1983 for 14,125.00, under review herein; the judgments to be entered in accordance with this opinion; and the order for $2,000 in appellate attorney’s fees which we have assessed in this proceeding. Ibis Construction Co. v. Sinclair, supra.