TERRANOVA CORPORATION v. 1550 BISCAYNE ASSOCIATES CORPORATION (2005)

District Court of Appeal of Florida,Third District.

TERRANOVA CORPORATION, a Florida corporation, Appellant, v. 1550 BISCAYNE ASSOCIATES CORPORATION, a Florida corporation, Appellee.

Nos. 3D04-1117, 3D04-1116.

Decided: October 05, 2005

Before COPE, C.J., and SHEPHERD, J., and SCHWARTZ, Senior Judge.

Grumer & Levin and Keith T. Grumer and Maidenly Sotuyo-Macaluso, Fort Lauderdale, for appellant. Clarke Silvergate Campbell Williams & Montgomery and Jay A. Gayoso and Hannesson I. Murphy, Miami, for appellee.

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 Terranova 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.

SCHWARTZ, Senior Judge.

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