Opinion
No. 88-1371.
April 11, 1989.
An Appeal from the Circuit Court for Dade County; Richard Hickey, Judge.
Kenneth N. ReKant, Miami Beach, for appellant.
Floyd, Pearson, Richman, Greer, Weil, Zack Brumbaugh and Debra Weiss Goodstone and Sally R. Doerner, Miami, for appellees.
Before SCHWARTZ, C.J., BARKDULL, J., and JOHN W. DELL, Associate Judge.
The trial court correctly determined the merits of this case by summary judgment for the defendant. There is no basis, however, for deducting from the amounts admittedly due the plaintiff his alleged "pro rata share of the expenses" involved either in collecting the funds in question or in attorney's fees. The provision for a set-off for these amounts as provided in paragraph 1(i) is stricken from the final judgment which is otherwise affirmed.