competing claim in Florida

2011We find the Second District’s reading of the statute to be too restrictive on this point and inconsistent with our previous decision in Wiggins v. Estate of Wright, 850 So.2d 444 (Fla.2003).

2011Under the method we approved in Wiggins , attorney’s fees from a wrongful death suit are to be awarded in a manner commensurate with the attorneys’ work. 850 So.2d at 450 .

1989Instead, we are called upon in this case to balance that rule of law which gives the jury great discretion in determining a monetary award and which prohibits the trial judge from sitting as a seventh juror, Bould v. Touchette, 349 So.2d 1181 (Fla. 1977), against the competing rule which gives the trial judge broad discretion to grant a new trial and which requires this appellate court to affirm the trial court's discretionary decision if reasonable persons could differ as to the propriety of that action, Smith v. Brown, 525 So.2d 868 (Fla. 1988).

1989Instead, we are called upon in this case to balance that rule of law which gives the jury great discretion in determining a monetary award and which prohibits the trial judge from sitting as a seventh juror, Bould v. Touchette, 349 So.2d 1181 (Fla. 1977), against the competing rule which gives the trial judge broad discretion to grant a new trial and which requires this appellate court to affirm the trial court's discretionary decision if reasonable persons could differ as to the propriety of that action, Smith v. Brown, 525 So.2d 868 (Fla. 1988).

1989Under the analysis in Ashcroft v. Calder Race Course, Inc., 492 So.2d 1309 (Fla. 1986), this court must defer to the jury's discretion because the record does not contain a basis to permit the trial judge to exercise his discretion.

1985In so holding, the court cited with approval our court's recent decision in Pape v. Pape, 444 So.2d 1058 (Fla. 1st DCA 1984), in which this court held that in a contest between a natural parent and one who is not a parent, the natural parent is entitled to custody of his child absent a finding that the natural parent is unfit or that the child's welfare requires that custody be placed with someone else.

1985McW., 429 So.2d 699 (Fla. 4th DCA 1983), the supreme court recognized that the natural father of an out-of-wedlock child is entitled to custody, over the competing claim by the child's grandmother, where it is shown that the father is a fit person for custody and such custody is not detrimental to the child's welfare.

1981See Spangler v. Florida State Turnpike Authority, supra ; Holt v. City of Bloomington, 70 Ind.Dec. 221, 391 N.E.2d 829 (1979); State v. Scott Construction Co., 97 Ind. App. 652 , 174 N.E. 429 (1931) (in the absence of specific authority, interest not recoverable against sovereign; no mention of provision excluding only recovery of punitive damages); Commonwealth, Department of Transportation, Bureau of Highways v. Lamb, supra (interest and costs not recoverable against sovereign; no mention of provision excluding only recovery for pain and suffering). [3] In arriving at this conclusion, we do

1981See Spangler v. Florida State Turnpike Authority, supra ; Holt v. City of Bloomington, 70 Ind.Dec. 221, 391 N.E.2d 829 (1979); State v. Scott Construction Co., 97 Ind. App. 652 , 174 N.E. 429 (1931) (in the absence of specific authority, interest not recoverable against sovereign; no mention of provision excluding only recovery of punitive damages); Commonwealth, Department of Transportation, Bureau of Highways v. Lamb, supra (interest and costs not recoverable against sovereign; no mention of provision excluding only recovery for pain and suffering). [3] In arriving at this conclusion, we do

1981See Spangler v. Florida State Turnpike Authority, supra ; Holt v. City of Bloomington, 70 Ind.Dec. 221, 391 N.E.2d 829 (1979); State v. Scott Construction Co., 97 Ind. App. 652 , 174 N.E. 429 (1931) (in the absence of specific authority, interest not recoverable against sovereign; no mention of provision excluding only recovery of punitive damages); Commonwealth, Department of Transportation, Bureau of Highways v. Lamb, supra (interest and costs not recoverable against sovereign; no mention of provision excluding only recovery for pain and suffering). [3] In arriving at this conclusion, we do

1981See Spangler v. Florida State Turnpike Authority, supra ; Holt v. City of Bloomington, 70 Ind.Dec. 221, 391 N.E.2d 829 (1979); State v. Scott Construction Co., 97 Ind. App. 652 , 174 N.E. 429 (1931) (in the absence of specific authority, interest not recoverable against sovereign; no mention of provision excluding only recovery of punitive damages); Commonwealth, Department of Transportation, Bureau of Highways v. Lamb, supra (interest and costs not recoverable against sovereign; no mention of provision excluding only recovery for pain and suffering). [3] In arriving at this conclusion, we do

1981If the separate holding in Knowles is correct, then the cost award there of $741.75, still within this $100,000 limit, would be permissible under our reading of the statute. [2] In our view, the rule of statutory construction employed in Yant eviscerates the manifest legislative intent, see United States v. Insco, 496 F.2d 204 (5th Cir.1974), and, moreover, ignores the competing rule that waiver of immunity statutes are to be strictly construed.

1966When the identity of the lienor, the property subject to the lien and the amount of the lien are established, priority is determined on the principle that “first in time is the first in right.” United States v. Equitable Life Assurance Society, supra; United States v. Weissman, supra. The question to be determined is whether the Bank’s claim to the amount due on the Strollo contract was perfected under federal standards prior to the filing of the notice of the federal tax lien.