Opinion

Mallard v. Ewing

  • 121 Fla. 654
  • 164 So. 674
  • 1935 Fla. LEXIS 1628
Court
Supreme Court of Florida
Filed
Apr 5, 1935
Status
Published
Author
Davis
On the bench
Brown, Buford, Davis, Ellis, Terrell, Whitfield
Cited by
36 cases

The opinion

Davis, J.

(concurring in part, dissenting in part). — I concur in all that is contained in Mr. Justice Ellis’ opinion except condemnation of the attorney’s fees allowance. It is a rash thing to presume that the attorney for the mortgagee intended his legal services as a gratuity to his client. If he did not, the law will imply an enforceable promise from the client to pay a reasonable fee for foreclosing the mortgage. Why cannot indemnity against what the law will imply as a recoverable attorney’s fee be recovered in a case like this ? I think it can be on the very principle which is cited to deny it, namely indemnification.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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