MONDAY, MARCH 2, 1998
Max A. Goldfarb vs Marilyn Z. Daitch
No. 91,368
Place of Origin
Dade County
Facts
Mrs. Daitch defaulted in a foreclosure of her home, resulting in a forced sale that produced a $50,000 surplus. She was unaware of this fact, and the money was deposited in the court registry. A third party allegedly learned about the money, approached Mrs. Daitch, and persuaded her to sign a power of attorney. With this, the third party used Mr. Goldfarb's services to obtain about $19,500 of the surplus, with the remainder going to Mrs. Daitch. When she learned what had happened, she hired an attorney who obtained a court order requiring Goldfarb to pay Mrs. Daitch the $19,500 plus her attorney's fees. Goldfarb appealed, and the Third District Court ruled for Mrs. Daitch and ordered Goldfarb to pay her appellate fees, too. Goldfarb appeals.