Opinion
Nos. 94-0884, 94-1131.
May 10, 1995.
Consolidated appeals from the Circuit Court for Palm Beach County; James T. Carlisle, Judge.
Michelle S. Kohn of Nicoletti, Block, Duffy, Poncy Kohn, P.A., Wellington, for appellant.
Thomas E. Kingcade of Thomas E. Kingcade, P.A., West Palm Beach, for appellee.
AFFIRMED.
DELL, C.J., and FARMER, J., concur.
GLICKSTEIN, J., concurs in part and dissents in part with opinion.
I concur with the majority on the merits of the action, but disagree on the award of attorneys' fees by the trial court. As to that, I would reverse and remand with direction to apportion appellant's responsibility for same in accordance with the interest he received. See § 64.081, Fla. Stat. (1993); Diaz v. Security Union Title Ins. Co., 639 So.2d 1004, 1006 (Fla. 3d DCA), rev. denied, 649 So.2d 232 (Fla. 1994) (holding that cotenants of property each possessing a one-half interest in property are each liable for one-half of the attorneys' fees awarded); Daugharty v. Daugharty, 441 So.2d 1160 (Fla. 1st DCA 1983), rev. denied, 450 So.2d 486 (Fla. 1984).