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300 So. 2d 41

Gulf Power Co. v. Stack

District Court of Appeal of Florida · decided 1974-07-25

Cited by 1 later decisions — most recently July 1974

1 state decisions

Relies on 253 So. 2d 910 - City of Miami Beach v. Manilow · 296 So. 2d 572 - Gulf Power Company v. Stack · State Road Department v. Brenner

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Decided 1974-07-25

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¶1ORDER DENYING APPELLEES’ MOTION TO ASSESS COSTS, AND GRANTING APPELLEES’ MOTION FOR REASONABLE ATTORNEYS’ FEES

HOWELL, CHARLES COOK, Jr., Associate Judge.

¶2May we seek refuge behind the comforting philosophy of Alexander Pope exposed in his Essay on Criticism: “To err is human, to forgive divine.”

¶3These motions were inadvertently overlooked when considering and writing our opinion of affirmance herein, Fla.App., 296 So.2d 572, filed June 25, 1974.

¶4Now, however, appellees’ motion to tax costs “ ‘is hereby denied without prejudice to apply for (them) below.’ ” City of Miami Beach v. Manilow et ux., Fla.App. 3rd 1971, 253 So.2d 910, 911; and Rule 3.16, subd. b, Florida Appellate Rules.

¶5Appellees’ motion for a reasonable attorneys’ fee is granted and we “do herewith enter order directing” appellant Gulf Power Company, a corporation, “to pay” $750.00 “to attorneys of record for appel-lees” J. E. Stack, Jr., and Frances Margaret Stack, husband and wife, et al., “as reasonable attorneys’ fees for services rendered to said appellees in this Court. The filing of certified copy of this order in the Court below will be sufficient authority for the payment of said sums.” State Road Department of Florida v. Brenner et al, Fla.App.2nd, 1967, 208 So.2d 279, 280.

RAWLS, C. J, and JOHNSON, J, concur.
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