Traylor Bros., Inc. v. Melvin

District Court of Appeal of Florida

Traylor Bros., Inc. v. Melvin

776 So. 2d 947, 2000 Fla. App. LEXIS 16604, 2000 WL 1853987

CourtDistrict Court of Appeal of Florida

DecidedDecember 20, 2000

DocketNo. 1D99-3058

StatusPublished

Cited by3 cases

This text of 776 So. 2d 947 (Traylor Bros., Inc. v. Melvin) 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.

Bluebook

Traylor Bros., Inc. v. Melvin, 776 So. 2d 947, 2000 Fla. App. LEXIS 16604, 2000 WL 1853987 (Fla. Ct. App. 2000).

Pincite

Opinion

PER CURIAM.

This is an appeal and cross-appeal of a Final Judgment in a breach of contract action, arising out of a Lease Agreement between the parties. Appellant leased property owned by Appellees to use as a site for bridge construction in Okaloosa County. We affirm all issues on appeal except the trial court’s finding that Appel-lees are entitled to attorney’s fees based on a provision in the Lease Agreement. The indemnification clauses in the Lease Agreement do not provide for an award of attorney’s fees to the prevailing party in litigation between the contracting parties. Accordingly, Appellees are not entitled to an award of attorney’s fees. See Penthouse North Ass’n, Inc. v. Lombardi, 461 So.2d 1350 (Fla.1984).

On cross-appeal, we reverse and remand for a determination of damages to be awarded to Appellees for the removal of the remaining equipment foundation on the property. The record does not contain competent, sufficient evidence to support the trial court’s explanation on rehearing that the Final Judgment includes damages yet to be incurred by Appellees. Therefore, we reverse and remand for a determination of future damages. We also reverse the trial court’s determination that Appellant is required to pay reasonable and necessary attorney’s fees to Appellees.

AFFIRMED in part; REVERSED in part and REMANDED.

BOOTH, MINER and KAHN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal and cross-appeal of a Final Judgment in a breach of contract action, arising out of a Lease Agreement between the parties. Appellant leased property owned by Appellees to use as a site for bridge construction in Okaloosa County. We affirm all issues on appeal except the trial court’s finding that Appel-lees are entitled to attorney’s fees based on a provision in the Lease Agreement. The indemnification clauses in the Lease Agreement do not provide for an award of attorney’s fees to the prevailing party in litigation between the contracting parties. Accordingly, Appellees are not entitled to an award of attorney’s fees. See Penthouse North Ass’n, Inc. v. Lombardi, 461 So.2d 1350 (Fla.1984).

On cross-appeal, we reverse and remand for a determination of damages to be awarded to Appellees for the removal of the remaining equipment foundation on the property. The record does not contain competent, sufficient evidence to support the trial court’s explanation on rehearing that the Final Judgment includes damages yet to be incurred by Appellees. Therefore, we reverse and remand for a determination of future damages. We also reverse the trial court’s determination that Appellant is required to pay reasonable and necessary attorney’s fees to Appellees.

AFFIRMED in part; REVERSED in part and REMANDED.

BOOTH, MINER and KAHN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

776 So. 2d 947, 2000 Fla. App. LEXIS 16604, 2000 WL 1853987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/traylor-bros-inc-v-melvin-fladistctapp-2000.

Opinion

Related

Cite This Page — Counsel Stack