NOLAN v. ALTMAN

No. AT-479.

449 So.2d 898 (1984)

John NOLAN and Jan Nolan, Appellants, v. Douglas L. ALTMAN, a/K/a Altman Industries: A.C.R.R. Specialties, Altman's Commercial & Residential Renovation Quality Commercial & Residential Painting, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 17, 1984.


Attorney(s) appearing for the Case

Jack M. Ross, Gainesville, for appellants.

Frederick D. Smith, McGalliard, Mills, de Montmollin & Smith, Gainesville, for appellees.


ERVIN, Chief Judge.

Appellants, the Nolans, appeal an order awarding attorney's fees to Appellee, Altman, and contend the trial court erred in entering the award first, because the Nolans had taken a voluntary dismissal of the underlying civil action and, second, that such award was premature where the specific statutory authority for attorney's fees precludes an award until after entry of judgment and exhaustion of appeals. We agree with the second point raised and...

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