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Metropolitan Life Ins. Co. v. Jenkins

Supreme Court of Florida. Division A
May 21, 1943
153 Fla. 53 (Fla. 1943)

Opinion

May 21, 1943

An appeal from the Circuit Court for Dade County, George E. Holt, Judge.

L.S. Julian and Shutts, Bowen, Simmons, Prevatt Julian, for appellant.

L. Raymond O'Steen, for appellee.


On April 26, 1943, we denied appellee's petition for attorney's fee and cost incurred in this Court in the defence of the judgment before us in this case on appeal. In our order we stated that it was denied without prejudice. Appellee has now petitioned us to clarify our order insofar as it is without prejudice.

Appellee bases her petition for attorney's fee upon Section 625.08, Fla. Stat. 1941. We hold that this section does not authorize the allowance of an attorney's fee in defending a judgment on appeal. Therefore the petition for clarification is granted; the order entered April 26, 1943, is vacated and the petition for attorney's fee is denied.

BUFORD, C. J., TERRELL, CHAPMAN and ADAMS, JJ., concur.


Summaries of

Metropolitan Life Ins. Co. v. Jenkins

Supreme Court of Florida. Division A
May 21, 1943
153 Fla. 53 (Fla. 1943)
Case details for

Metropolitan Life Ins. Co. v. Jenkins

Case Details

Full title:METROPOLITAN LIFE INSURANCE COMPANY, a corporation, v. AMANDA JENKINS, et…

Court:Supreme Court of Florida. Division A

Date published: May 21, 1943

Citations

153 Fla. 53 (Fla. 1943)
13 So. 2d 610

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