Cordova v. Enclave at Silver Lakes Associates, Ltd.

District Court of Appeal of Florida

Cordova v. Enclave at Silver Lakes Associates, Ltd.

714 So. 2d 1209, 1998 Fla. App. LEXIS 10321, 1998 WL 466729

CourtDistrict Court of Appeal of Florida

DecidedAugust 12, 1998

DocketNos. 97-2176, 97-3661

StatusPublished

This text of 714 So. 2d 1209 (Cordova v. Enclave at Silver Lakes Associates, Ltd.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cordova v. Enclave at Silver Lakes Associates, Ltd., 714 So. 2d 1209, 1998 Fla. App. LEXIS 10321, 1998 WL 466729 (Fla. Ct. App. 1998).

Pincite

Opinion

PER CURIAM.

We affirm the summary judgment in favor of the appellees, who constructed a home for the appellants. The court erred, however, in including attorney’s fees for an arbitration proceeding when it awarded attorney’s fees to the appellees pursuant to the prevailing party attorney’s fee provision in the contract. The arbitration did not arise out of the contract, but rather was pursuant to a separate homeowner’s warranty issued by a third party, which was independent of the contract between the appellants and the appellees.

Affirmed in part and reversed in part.

KLEIN and TAYLOR, JJ., and LABARGA, JORGE, Associate Judge, concur.

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PER CURIAM.

We affirm the summary judgment in favor of the appellees, who constructed a home for the appellants. The court erred, however, in including attorney’s fees for an arbitration proceeding when it awarded attorney’s fees to the appellees pursuant to the prevailing party attorney’s fee provision in the contract. The arbitration did not arise out of the contract, but rather was pursuant to a separate homeowner’s warranty issued by a third party, which was independent of the contract between the appellants and the appellees.

Affirmed in part and reversed in part.

KLEIN and TAYLOR, JJ., and LABARGA, JORGE, Associate Judge, concur.

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Bluebook (online)

714 So. 2d 1209, 1998 Fla. App. LEXIS 10321, 1998 WL 466729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cordova-v-enclave-at-silver-lakes-associates-ltd-fladistctapp-1998.