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American Sav. of Florida v. Anderson

District Court of Appeal of Florida, Third District
Jun 14, 1995
658 So. 2d 558 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2051.

June 14, 1995.

An Appeal from the Circuit Court for Dade County; Sidney B. Shapiro, Judge.

Greenberg, Traurig, Hoffman, Lipoff, Rosen Quentel and Charles M. Auslander and Arthur J. England, Jr.; Hornsby, Sacher, Zelman Stanton and Jeffery W. Sacher and Barton S. Sacher, Miami, for appellant.

Carolyn B. Liberman and Thomas J. Segal and Aaron B. Kahn, Washington, DC, for the Office of Thrift Supervision, as amicus curiae.

Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin Perwin; Anderson, Moss, Parks Sherouse and Edward A. Moss; Hicks, Anderson Blum and Gary A. Magnarini and Mark Hicks, Miami, for appellees.

Before HUBBART, BASKIN and COPE, JJ.


We affirm: 1) the Final Order Determining Entitlement to Attorney's Fees and Awarding Same and 2) the Amended Final Judgment. It was within the trial court's jurisdiction to determine an issue of state law, Zaklama v. Mount Sinai Medical Ctr., 906 F.2d 650 (11th Cir. 1990), and to enter a judgment in favor of the law firms Anderson, Moss, Parks, Meyers Sherouse, and Hicks, Anderson Blum on their charging liens to recover attorneys' fees from American Savings and Loan Association. Manufacturers Hanover Trust Co. v. Crossland Sav., FSB, 177 A.D.2d 78, 581 N.Y.S.2d 744 (1992). As the trial court correctly recognized, the resolution of issues regarding the Office of Thrift Supervision's scope of authority to enter the cease and desist orders falls within the purview of the Federal court, rather than the Florida court. Id.; 12 U.S.C.A. § 1818(i) (West 1989 Supp. 1995). American's remaining points lack merit.

Affirmed.


Summaries of

American Sav. of Florida v. Anderson

District Court of Appeal of Florida, Third District
Jun 14, 1995
658 So. 2d 558 (Fla. Dist. Ct. App. 1995)
Case details for

American Sav. of Florida v. Anderson

Case Details

Full title:AMERICAN SAVINGS OF FLORIDA, F.S.B., APPELLANT, v. ANDERSON, MOSS, PARKS…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 14, 1995

Citations

658 So. 2d 558 (Fla. Dist. Ct. App. 1995)