TRAYLOR BROTHERS INC v. MELVIN (2000)

District Court of Appeal of Florida,First District.

TRAYLOR BROTHERS, INC., Appellant/Cross-Appellee, v. Jarrett G. MELVIN, Robert C. Erhart, and Kent Amos, as Successor Co-Trustees of the Coleman L. Kelly Testamentary Trust, Appellees/Cross-Appellants.

No. 1D99-3058.

Decided: December 20, 2000

F. Alan Cummings, Patricia A. Snyder and Alejandro Espino of Cummings & Snyder, P.A., Tallahassee, Attorneys for Appellant/Cross-Appellee. Daniel C. O'Rourke of Matthews & Hawkins, P.A., Destin, Attorney for Appellees/Cross-Appellants.

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 Appellees 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.

PER CURIAM.

BOOTH, MINER and KAHN, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network