Legal Opinion

GACCIONE v. Damiano

District Court of Appeal of Florida

Decided May 28, 2010No. 5D08-3438PublishedCited by 1 opinion

1Opinion of the CourtTorpy, J.

The sole point of contention here is the entitlement to attorney’s fees to Appellant, who prevailed in a breach of contract action. Appellant claimed fees under two theories, one contractual and the other statutory. The trial court concluded that Appellant was not entitled to fees under either theory. We affirm the trial court as to contractual entitlement, but reverse as to statutory entitlement.1

*1010Appellant sold a residence to Appellee and then leased it back after closing under a written residential lease agreement. Ap-pellee breached the lease agreement, and Appellant sued for damages.…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. Caufield v. CanteleSupreme Court of Florida · 2002
  2. Xanadu of Cocoa Beach, Inc. v. LenzDistrict Court of Appeal of Florida · 1987
  3. Reliable Reprographics v. Fla. MangoDistrict Court of Appeal of Florida · 1994
  4. Scruggs v. SuttonDistrict Court of Appeal of Florida · 2007

3Cited by1 opinion

  1. Yampol v. Turnberry Isle South Condo Assoc.District Court of Appeal of Florida · 2018

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