Weitzer Moon Lake, Ltd. v. Ker Equipment Co.

519 So. 2d 628 | Fla. Dist. Ct. App. | 1987

Lead Opinion

PER CURIAM.

The orders appealed from are affirmed in all respects except that we find the trial court erred in failing to grant appellants’ motion to dismiss as to Weitzer Moon Lake, Ltd. See Deltona Corporation v. Indian Palms, Inc., 323 So.2d 282 (Fla. 2d DCA 1975).

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.

DOWNEY, DELL and STONE, JJ., concur.

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Rehearing

ON MOTION FOR REHEARING

BY ORDER OF THE COURT:

We deny the parties’ motions for rehearing, but amend this court’s order of July 1, 1987 to read as follows:

ORDERED that the motion for attorney’s fees filed by Victor K. Rones, Esq. of Marguilies & Rones, P.A., is hereby granted as to appellant Weitzer Moon Lake, Ltd. and pursuant to Rule 9.400(b), Fla.R. App.P., upon remand of this cause the amount thereof shall be assessed by the trial court upon due notice and hearing, subject to review by this court under Rule 9.400(c), Fla.R.App.P., and further

ORDERED the appellee’s November 11, 1986 motion to tax attorney fees and costs against Weitzer Moon Lake, Ltd., is hereby denied, and granted and remanded as to Fidelity and Deposit Company of Maryland, Inc.