← 434 SO2D 964 - Taggart Corp. v. Benzing

Taggart Corp. v. Benzing’s Empirical Analysis

1983

Citation profile

cited by 11 later decisions

states following

July 1987

most recently cited

11 state decisions

Relationships

Relies on Purcell v. Deli Man, Inc. · Brown v. Gardens by the Sea South Condominium Ass'n · OCALA MUSIC & MARINE CTR. v. Caldwell · 340 So. 2d 1192 - Newcombe v. SOUTH FLA. BUSINESS NEGOTIATORS · 364 So. 2d 97 - McCallum v. McCallum

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“WHERE ATTORNEY'S FEES ARE PLED IN A SUCCESSFUL SUIT FOR RECOVERY PURSUANT TO A PROMISSORY NOTE, AND THE NOTE PROVIDES THAT THE MAKER SHALL PAY "REASONABLE ATTORNEY'S FEES," MAY THE PROOF OF SUCH FEES BE PRESENTED FOR THE FIRST TIME AFTER FINAL JUDGMENT PURSUANT TO A MOTION FOR ATTORNEY'S FEES BY THE PREVAILING PARTY?”
2 later decisions quote this exact passage
e.g. 511 So. 2d 977 - Cheek v. McGowan Elec. Supply Co. · 483 So. 2d 1373 - Cheek v. McGowan Elec. Supply Co.
“The problem presented here is not a new one. Uncertain as to the solution thereof, most experienced trial lawyers, unless they stipulate otherwise, put on their proof for attorney's fees during the course of the trial. They thus treat the fee issue just as if it were any other item of damages, expressly to avoid the specter that here materialized. ... . What is inescapably meaningful, is that even this court has approved presentation of proof concerning attorney's fees after judgment despite the absence of a stipulation to do so... . ... . We do not perceive this to be an unhappy result. To require each side to be put to the proof when both cannot prevail is a waste of time. Furthermore, one of the factors to be considered in arriving at the amount of a reasonable fee is the outcome. That is obviously an easier task after the fact.”
1 later decision quote this exact passage
e.g. 454 So. 2d 38 - River Road Constr. Co. v. Ring Power Corp.
“since only one party will prevail and be entitled to fees. Id. at 966 . The court further noted that one of the factors to be considered in arriving at a reasonable fee is the outcome of the case and”
1 later decision quote this exact passage
e.g. 483 So. 2d 1373 - Cheek v. McGowan Elec. Supply Co.

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.