ROBERTS v. ROW (1999)

District Court of Appeal of Florida,Third District.

Joanne ROBERTS, Appellant/Cross-appellee, v. Marsha Lee ROW and Marsha Lee Designs, Inc., Appellees/Cross-appellants.

No. 98-1233.

Decided: October 06, 1999

Before NESBITT, GODERICH and SORONDO, JJ.

Henry J. Hunnefeld, Coral Gables, for appellant/cross-appellee. Ginsberg & Schwartz, Todd Schwartz and Scott Margules, Miami, for appellees/cross-appellants.

Because a review of the record shows that there was conflicting evidence presented on the counterclaim to allow the jury to draw a reasonable inference of vicarious liability, we affirm the denial of the plaintiff's motions for directed verdict. Stinson v. Prevatt, 84 Fla. 416, 418-19, 94 So. 656, 657 (1922); Ligman v. Tardiff, 466 So.2d 1125, 1126 (Fla. 3d DCA), review denied, 478 So.2d 54 (Fla.1985). In addition, as to the cross-appeal, we reverse the trial court's denial of the defendants' motion for attorney's fees pursuant to a provision in the underlying contract. The trial court had no discretion to decline to enforce this provision. Brickell Bay Club Condominium Ass'n v. Forte, 397 So.2d 959 (Fla. 3d DCA), review denied, 408 So.2d 1092 (Fla.1981).

Affirmed, in part; reversed, in part, and remanded for further proceedings consistent with this opinion.

PER CURIAM.

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