SCHLER v. WEISS

No. 88-1371.

541 So.2d 166 (1989)

Eli SCHLER, Appellant, v. Bernard WEISS and Rosalyn Weiss, Appellees.

District Court of Appeal of Florida, Third District.

April 11, 1989.


Attorney(s) appearing for the Case

Kenneth N. ReKant, Miami Beach, for appellant.

Floyd, Pearson, Richman, Greer, Weil, Zack & Brumbaugh and Debra Weiss Goodstone and Sally R. Doerner, Miami, for appellees.

Before SCHWARTZ, C.J., BARKDULL, J., and JOHN W. DELL, Associate Judge.


PER CURIAM.

The trial court correctly determined the merits of this case by summary judgment for the defendant. There is no basis, however, for deducting from the amounts admittedly due the plaintiff his alleged "pro rata share of the expenses" involved either in collecting the funds in question or in attorney's fees. The provision for a set-off for these amounts as provided in paragraph 1(i) is stricken from the final judgment which is otherwise...

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