MARINE MIDLAND BANK CENTRAL v. COTE

No. NN-77/T1-53.

384 So.2d 658 (1980)

MARINE MIDLAND BANK CENTRAL, a New York Corporation, Appellant, v. Arthur J. COTE and Elizabeth R. Cote, and Harvey C. Altes, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 19, 1980.


Attorney(s) appearing for the Case

David A. Burt of Landis, Graham, French, Husfeld, Sherman & Ford, P.A., Daytona Beach, for appellant.

Joseph T. Garlovsky, Daytona Beach, for appellees.


DAUKSCH, Chief Judge.

This is an appeal from an order awarding attorney's fees in an indemnity contract case. The question on appeal is whether the trial court exceeded its authority to act in the case after a mandate was issued in a prior appeal. We hold that the trial court went beyond the limits allowed by the mandate and thus we reverse the order awarding attorney's fees.

This matter began as a suit alleging wrongful repossession of a motor vehicle by...

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