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Delmar Development Corp. v. MacNeil

District Court of Appeal of Florida, Fourth District
Feb 5, 1986
481 So. 2d 1318 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-1193.

February 5, 1986.

Appeal from the Circuit Court for Palm Beach County; Thomas E. Sholts, Judge.

David P. Ackerman of Gunster, Yoakley, Criser Stewart, P.A., Palm Beach, for appellant.

No appearance on behalf of appellees.


We reverse the trial court's order, denying appellant its attorney's fee, and remand for an award of same. The parties' contract provided for a fee to be awarded the prevailing party in the event of litigation between them; and appellant prevailed in its defense of count I of appellee's complaint, which was, in our view, clearly predicated upon the parties' contract.

ANSTEAD, GLICKSTEIN and WALDEN, JJ., concur.


Summaries of

Delmar Development Corp. v. MacNeil

District Court of Appeal of Florida, Fourth District
Feb 5, 1986
481 So. 2d 1318 (Fla. Dist. Ct. App. 1986)
Case details for

Delmar Development Corp. v. MacNeil

Case Details

Full title:DELMAR DEVELOPMENT CORPORATION, APPELLANT, v. HECTOR MacNEIL AND PHYLLIS…

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 5, 1986

Citations

481 So. 2d 1318 (Fla. Dist. Ct. App. 1986)