Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
ROBERT J. MORAITIS, P.A., Appellant, v. Kalliope VITAKIS-VACHINE, David L. Valchine, William F. Murphy and Murphy & O'Brien, LLC, Appellees.
Appellant, a lawyer who had represented the wife in a dissolution, appeals an order declining to award attorney's fees he incurred in recovering his attorney's fees. He alleges that his fees, which were set by a settlement agreement between the husband and wife, should have been promptly paid and not delayed by the former husband and his counsel, while the validity of the settlement was challenged. We conclude that the trial court did not abuse its discretion in finding that the litigation which delayed the payment of appellant's fee was not the type of improper conduct which would entitle appellant to attorney's fees under section 57.105 or the inherent authority of the court.
In addition, appellant's argument that he was entitled to interest at the statutory rate, while the funds to secure his fee were in the registry of the court, is without merit. It was appellant's own actions which resulted in the money being transferred from an interest bearing account into the registry of the court. We further find the additional issues he raises and the cross-appeal to have no merit. Affirmed.
PER CURIAM.
STONE, FARMER and KLEIN, JJ., concur.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 4D07-2030.
Decided: July 30, 2008
Court: District Court of Appeal of Florida,Fourth District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)