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Holderman v. Lobrano

District Court of Appeal of Florida, First District
May 17, 1993
617 So. 2d 874 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-2171.

May 17, 1993.

Appeal from the Circuit Court for Duval County; Judge Virginia Q. Beverly.

James E. Cobb and William J. Scott, of Peek Cobb, Jacksonville, for petitioner.

Hope A. Iseley, of Lobrano, Kincaid Quesada, Jacksonville, for respondent.


We treat this appeal as a petition for review by certiorari.

Upon consideration of the briefs and appendices filed by the parties, we find that the trial court erred in two respects. The trial court made no finding that the petitioner had the ability to produce any additional documents and, thereby, to comply with the trial court's earlier order. See e.g., Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985); Fredericks v. Sturgis, 598 So.2d 94 (Fla. 5th DCA 1992); Lubin v. Schumer, 593 So.2d 599 (Fla. 3d DCA 1992); and Grapin Chaykin, M.D., P.A. v. Turnoff Fox, M.D., P.A., 413 So.2d 133 (Fla. 3d DCA 1982). The trial court further erred in ordering payment of $300 in previously ordered attorney fees. The record discloses that the previously ordered amount was $180.

The petition is GRANTED and the order of May 21, 1992 is QUASHED. The case is REMANDED to the trial court for further proceedings consistent with this opinion.

ERVIN and WEBSTER, JJ., concur.


Summaries of

Holderman v. Lobrano

District Court of Appeal of Florida, First District
May 17, 1993
617 So. 2d 874 (Fla. Dist. Ct. App. 1993)
Case details for

Holderman v. Lobrano

Case Details

Full title:JAMES B. HOLDERMAN, PETITIONER, v. STEPHEN D. LOBRANO, RESPONDENT

Court:District Court of Appeal of Florida, First District

Date published: May 17, 1993

Citations

617 So. 2d 874 (Fla. Dist. Ct. App. 1993)