Terranova Corp. v. 1550 Biscayne Associates Corp.

District Court of Appeal of Florida

Terranova Corp. v. 1550 Biscayne Associates Corp.

912 So. 2d 347, 2005 Fla. App. LEXIS 15759, 2005 WL 2447860

CourtDistrict Court of Appeal of Florida

DecidedOctober 5, 2005

DocketNos. 3D04-1117, 3D04-1116

StatusPublished

This text of 912 So. 2d 347 (Terranova Corp. v. 1550 Biscayne Associates Corp.) 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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Terranova Corp. v. 1550 Biscayne Associates Corp., 912 So. 2d 347, 2005 Fla. App. LEXIS 15759, 2005 WL 2447860 (Fla. Ct. App. 2005).

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Opinion

SCHWARTZ, Senior Judge.

In Terranova Corp. v. 1550 Biscayne Associates Corp., 847 So.2d 529 (Fla. 3d DCA 2003), review denied, 860 So.2d 978 (Fla.2003), we held that appellant Terrano-va was entitled to a three percent commission on the transaction in question. The decision disagreed with both the appellant, who claimed six percent, and the appellee, who argued that the lower court judgment assessing one and a half percent was correct. Under these circumstances, it is clear to us, as it was to the trial court, that neither was the “prevailing party” entitled to attorneys’ fees under the familiar provision of their agreement to that effect. See Loy v. Loy, 904 So.2d 482 (Fla. 3d DCA 2005), and cases cited. Accordingly, the order on review denying fees to both parties is

Affirmed.

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SCHWARTZ, Senior Judge.

In Terranova Corp. v. 1550 Biscayne Associates Corp., 847 So.2d 529 (Fla. 3d DCA 2003), review denied, 860 So.2d 978 (Fla.2003), we held that appellant Terrano-va was entitled to a three percent commission on the transaction in question. The decision disagreed with both the appellant, who claimed six percent, and the appellee, who argued that the lower court judgment assessing one and a half percent was correct. Under these circumstances, it is clear to us, as it was to the trial court, that neither was the “prevailing party” entitled to attorneys’ fees under the familiar provision of their agreement to that effect. See Loy v. Loy, 904 So.2d 482 (Fla. 3d DCA 2005), and cases cited. Accordingly, the order on review denying fees to both parties is

Affirmed.

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912 So. 2d 347, 2005 Fla. App. LEXIS 15759, 2005 WL 2447860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terranova-corp-v-1550-biscayne-associates-corp-fladistctapp-2005.

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