History
  • No items yet
midpage
Porteous v. Fowler
394 So. 2d 154
Fla. Dist. Ct. App.
1981
Check Treatment
PER CURIAM.

We affirm each of the summary final judgments involved in these consolidated appeals, finding that no cause of action was sustained, nor, indeed, stated, as to any of the defendants below and that there are no genuine, material issues of fact.

We reverse the judgments awarding attorneys’ fees on behalf of appellees, Har-grave and Fowler. In each instance the award was based upon Section 57.105 Florida Statutes. The amended complaint was filed in January, 1978, five months prior to the effective date of that statute. We determine that the statute has no retroactive effect, for the reasons expressed in Tuggle v. Government Employees Insurance Company, 220 So.2d 355 (Fla.1969) which involved attorneys’ fees for services rendered in appellate proceedings. That rationale is equally applicable here.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

HERSEY and GLICKSTEIN, JJ., and WETHERINGTON, GERALD T., Associate Judge, concur.

Case Details

Case Name: Porteous v. Fowler
Court Name: District Court of Appeal of Florida
Date Published: Feb 4, 1981
Citation: 394 So. 2d 154
Docket Number: Nos. 79-749 and 79-2501, 79-1511 and 79-1834, and 79-1813
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.