MERRILL LYNCH, PIERCE, ETC. v. RITCHEY

No. 80-1213.

394 So.2d 1057 (1981)

MERRILL LYNCH, PIERCE, FENNER AND SMITH, INC., Appellant, v. Leroy RITCHEY and Dorothy Ritchey, Appellees.

District Court of Appeal of Florida, Second District.

February 25, 1981.


Attorney(s) appearing for the Case

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, Fort Myers, for appellant.

William H. Shields and Robert L. Donald of Pavese, Shields, Garner, Haverfield, Kluttz & Cottrell, Fort Myers, for appellees.


HOBSON, Acting Chief Judge.

Appellant Merrill Lynch, Pierce, Fenner and Smith, Inc. (Merrill Lynch) was plaintiff below in an action for rescission. Although Merrill Lynch was successful in obtaining rescission of a transaction between the parties, the trial court granted a setoff against appellant's recovery in the amount of $3,969.23 for the purpose of paying appellees' attorney's fees. Merrill Lynch appeals only that portion of the final judgment awarding the setoff...

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