District Court of Appeal of Florida

Final judgment is affirmed, but as incorrect law was applied in denying motion for attorney's fees, findings as to that issue are reversed and remanded. Denial of fees cannot merely rest on the unenforceability of a contract. The trial court must also consider whether the contract was unenforceable due to mutual mistake or if either party was a "prevailing party".

Appellate Information

• Decided 09/29/2006
• Published 09/29/2006

Judges

• STRINGER, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Robert P. Henderson of Simpson, Henderson, Carta & Randolph, Fort Myers, for Appellant.


• For Appellees:
  
• V. James Haggart, Cape Coral, for Appellee.