Supreme Court of Florida

Plenary appeal is proper for a district court to review a trial court determination of attorneys' fees and costs after voluntary dismissal, and the contractual or statutory basis of a claim for fees need not be specifically pled. Claims of fraudulent misrepresentation concerning the subject matter of a contract "arise out of" that contract.

Appellate Information

• Decided 12/19/2002
• Published 12/19/2002

Judges

• QUINCE, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Robert Bruce Snow, Brooksville, FL, for Petitioners., Jon H. Anderson and Ralph Artigliere of Anderson & Artigliere, P.A., Lakeland, FL, for Academy of Florida Trial Lawyers, Amicus Curiae.


• For Appellees:
  
• Donald R. Peyton of Peyton Law Firm, P.A., New Port Richey, FL, for Respondents.