03-0113 O

State: Florida

Court: Florida Third District Court

Docket No: 03-0113 O

Case Date: 12/24/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003 MONETTE KLEIN O'GRADY, et al., Appellants, vs. ** ** ** ** ** ** ** LOWER TRIBUNAL CASE NO. 98-9548 CASE NO. 3D03-113

IRWIN POTASH, Appellee.

Opinion filed December 24, 2003. An appeal from the Circuit Court of Miami-Dade County, Thomas S. Wilson, Jr., Judge. Payton & Carlson and Amy Koltnow, for appellants. Billbrough & Marks and Geoffrey B. Marks, for appellee. Before FLETCHER, RAMIREZ, and WELLS, J.J. PER CURIAM. On remand from O'Grady v. Potash, 824 So. 2d 904 (Fla. 3d DCA 2002), rev. denied, 842 So. 2d 845 (Fla. 2003), the trial court

found third party defendant, Monette Klein O'Grady, entitled to an award of attorney's fees and costs in her favor under Section 57.105(1), Florida Statutes (1999). Without an evidentiary hearing to determine its applicability, however, the trial court went on to exclude counsel for third party plaintiff, Irwin Potash, from liability for such fees and costs under the "good faith" exception.

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