Keen v. Commercial Developers

District Court of Appeal of Florida

Keen v. Commercial Developers

541 So. 2d 164, 14 Fla. L. Weekly 904, 1989 Fla. App. LEXIS 2317, 1989 WL 19531

CourtDistrict Court of Appeal of Florida

DecidedApril 11, 1989

DocketNo. 88-603

StatusPublished

This text of 541 So. 2d 164 (Keen v. Commercial Developers) 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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Keen v. Commercial Developers, 541 So. 2d 164, 14 Fla. L. Weekly 904, 1989 Fla. App. LEXIS 2317, 1989 WL 19531 (Fla. Ct. App. 1989).

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Opinion

ON MOTION FOR REHEARING

FERGUSON, Judge.

The trial court’s findings in favor of the landlord on its claim for back rent are supported by competent and substantial evidence. See Tibbs v. State, 397 So.2d 1120 (Fla.1981), aff'd 457 U.S. 31,102 S.Ct. 2211, 72 L.Ed.2d 652 (1982); Hetman v. Seaboard Coast Line R.R., 349 So.2d 1187 (Fla.1977). There is no basis, however, for the award of attorney’s fees other than a lease between the appellants and a prior owner of the property, which expired before the cause of action arose. Because the claim arises from a tenancy at sufferance, without an express agreement for attorney’s fees, the prevailing landlord is not entitled to a fee award. Generally, attorney’s fees cannot be awarded to a prevailing party unless authorized by contract or statute. Heyman v. Vonelli, 413 So.2d 1254 (Fla. 3d DCA 1982).

AFFIRMED IN PART; REVERSED IN PART.

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ON MOTION FOR REHEARING

FERGUSON, Judge.

The trial court’s findings in favor of the landlord on its claim for back rent are supported by competent and substantial evidence. See Tibbs v. State, 397 So.2d 1120 (Fla.1981), aff'd 457 U.S. 31,102 S.Ct. 2211, 72 L.Ed.2d 652 (1982); Hetman v. Seaboard Coast Line R.R., 349 So.2d 1187 (Fla.1977). There is no basis, however, for the award of attorney’s fees other than a lease between the appellants and a prior owner of the property, which expired before the cause of action arose. Because the claim arises from a tenancy at sufferance, without an express agreement for attorney’s fees, the prevailing landlord is not entitled to a fee award. Generally, attorney’s fees cannot be awarded to a prevailing party unless authorized by contract or statute. Heyman v. Vonelli, 413 So.2d 1254 (Fla. 3d DCA 1982).

AFFIRMED IN PART; REVERSED IN PART.

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Bluebook (online)

541 So. 2d 164, 14 Fla. L. Weekly 904, 1989 Fla. App. LEXIS 2317, 1989 WL 19531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keen-v-commercial-developers-fladistctapp-1989.

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