neutral
Cited (no substantive treatment)
0.2 score
Retrieving the full opinion text from the archive…
TOWER CRANES OF AMERICA, INC.
v.
MONTE CAMPBELL CRANE COMPANY, INC., and Monte Campbell, individually
v.
MONTE CAMPBELL CRANE COMPANY, INC., and Monte Campbell, individually
No. 92-3237.
District Court of Appeal of Florida, Fourth District.
Dec 29, 1993.
Ronald C. Pathman of Law Offices of Ronald C. Pathman, Miami, for appellant., Kenneth D. Cooper of Kenneth D. Cooper, P.A., Fort Lauderdale, for appellees.
Gunther, Hersey, Warner.
Cited by 1 opinion | Published
PER CURIAM.
We affirm the denial of attorney’s fees under section 57.115, Florida Statutes (1991). That section allows the discretionary award to a judgment creditor of fees incurred in connection with execution on a judgment. Having reviewed the record, including the transcript of the hearing, we conclude that the trial court did not abuse its discretion.
On appeal appellant also argues that it was entitled to fees by contract, but that theory of recovery was not raised in the motion for fees or at the hearing. In any event, the contractual provision at issue would not support an award of post-judgment attorney’s fees. See Florida Pottery Stores v. American National Bank, 578 So.2d 801 (Fla. 1st DCA 1991).
HERSEY, GUNTHER and WARNER, JJ., concur.