Zidell v. Greenway Landing Development Co.

Defendants 1 appeal from a judgment that awarded attorney fees to plaintiffs and denied them to defendants. We reverse the award of attorney fees to plaintiffs and otherwise affirm.

Plaintiffs made an agreement with defendants to purchase an unfinished condominium unit. The Unit Sales Agreement provided:

“Attorneys’ Fees. In the event suit or action is instituted to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorneys’ fees at trial or on appeal of such suit or action,…