GABLES INS. AGENCY, INC. v. PENINSULA FED. SAV. & LOAN ASS'N

No. 83-110.

442 So.2d 1013 (1983)

GABLES INSURANCE AGENCY, INC., Appellant, v. PENINSULA FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 20, 1984.


Attorney(s) appearing for the Case

Barnett & Rogers, Miami, and William Rogers and Jeffrey B. Lathe, Coconut Grove, for appellant.

No appearance for appellee.

Before BARKDULL, BASKIN and FERGUSON, JJ.


PER CURIAM.

The summary judgment on the main issue is affirmed since it appears conclusively from the record that there are no genuine issues of material fact.

The amount of attorney's fees, however, could not be determined solely on affidavits presented for the first time at the hearing on the motion for summary judgment, since it afforded appellant no opportunity to adduce testimony on the issue of fees. B & B Construction Co. of Ohio, Inc. v. Rinker...

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