Riley v. Crossings Community Church, Inc.
Docket: No. 5D03-2246
Court: District Court of Appeal of Florida; August 27, 2004; Florida; State Appellate Court
Joan Riley, the appellant, was involved in supplementary proceedings initiated by Crossings Community Church, Inc. (the appellee) under section 56.29 of the Florida Statutes. Riley appealed a summary judgment that favored Crossings for money damages and attorneys’ fees. The court affirmed the summary judgment, indicating no error in that decision. However, it ruled that Crossings was not entitled to recover attorneys’ fees from Riley, as section 56.29 does not permit such recovery against a party who has been impleaded in supplementary proceedings. This conclusion references prior case law, including Gaedeke Holdings, Ltd. v. Mortgage Consultants, Inc., Dusoe v. Securis Int’l, Inc., and Rosenfeld v. TPI Int’l Airways. Consequently, the court reversed the award of attorneys’ fees against Riley, affirming the summary judgment in part and reversing it in part. Judges Pleus, Monaco, and Torpy concurred with the decision.