American Druggist v. 1st Citizens Fed

Full title: AMERICAN DRUGGIST INSURANCE COMPANY, APPELLANT, v. FIRST CITIZENS FEDERAL…

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 17, 1986

502 So. 2d 1 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-1148.

February 19, 1986. Rehearing Denied March 17, 1986.

Appeal from the Circuit Court, for St. Lucie County; Philip G. Nourse, Judge.

Robert V. Schwerer of Brennan, McAliley, Hayskar, McAliley Jefferson, Fort Pierce, for appellant.

C.R. McDonald, Fort Pierce, for appellee.

PER CURIAM.

We reverse and remand the award of attorney's fees on the authority of Fritillary Holdings, Inc. v. Pat Mae's Danceland Club, 443 So.2d 506 (Fla. 4th DCA 1984). While the courts may be sympathetic to the plight of those having to employ counsel and go to court to collect debts that are admittedly due, we have already determined in Fritillary that Section 57.105, Florida Statutes (1983) does not apply to such situations.

ANSTEAD, DELL and WALDEN, JJ., concur.