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Militana v. Cosby

District Court of Appeal of Florida, Second District
Nov 30, 1994
647 So. 2d 911 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-00946.

November 30, 1994.

Appeal from the Circuit Court, Pinellas County, Helen S. Hansel, J.

Frederick F. Rudzik of Frederick F. Rudzik, P.A., St. Petersburg, for appellant.

James D. Eckert of Belcher, Fleece Eckert, St. Petersburg, for appellee.


Marie Militana and Richard Militana appeal the award of attorneys' fees in conjunction with a final judgment in Betty Cosby's favor. We affirm the award of fees against Richard Militana but reverse the award against Marie Militana. Because only Richard Militana signed the promissory note that authorizes the fee award, we direct the trial court to strike the fees from the lien against the property and assess them only against Richard Militana.

Affirmed in part, reversed in part and remanded.

PARKER, A.C.J., and QUINCE, J., concur.


Summaries of

Militana v. Cosby

District Court of Appeal of Florida, Second District
Nov 30, 1994
647 So. 2d 911 (Fla. Dist. Ct. App. 1994)
Case details for

Militana v. Cosby

Case Details

Full title:MARIE MILITANA AND RICHARD MILITANA, APPELLANTS, v. BETTY J. COSBY…

Court:District Court of Appeal of Florida, Second District

Date published: Nov 30, 1994

Citations

647 So. 2d 911 (Fla. Dist. Ct. App. 1994)