JACOBS v. JACOBS

No. 93-329.

633 So.2d 30 (1994)

Mary B. JACOBS, Appellant, v. W.O. "Jake" JACOBS, a/k/a Withrow O. Jacobs, a/k/a W.O. Jacobs; Charles Allen Jacobs; Bette Gifford, and Shirley McLaughlin, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 15, 1994.


Attorney(s) appearing for the Case

Philip L. Partridge of Landis, Graham, French, Husfeld, Sherman & Ford, P.A., DeLand, for appellant.

Gary L. Butler and Renee K. Fehr of Cobb Cole & Bell, Daytona Beach, for appellees.


COBB, Judge.

The sole issue on this appeal is whether the trial court erred in awarding an attorney's fee against the plaintiff below, Mary B. Jacobs, pursuant to section 57.105(1), Florida Statutes (1987). Mary Jacobs unsuccessfully sought rescission of a warranty deed executed by her husband, Jake Jacobs, and herself, which purported to grant a life estate in homestead property, a fifteen acre dairy, to the two of them and their survivor, with the remainder interest...

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