Legal Opinion

Sidlow v. Bowles Custom Pool & Spas, Inc.

District Court of Appeal of Florida

Decided April 9, 2010No. 5D09-1024PublishedCited by 5 opinions

1Per curiam

In this breach of contract action, the prevailing party is entitled to an award of attorney’s fees pursuant to the terms of the contract. The trial court has broad discretion to determine which party prevailed on the significant issues in the litigation. Moritz v. Hoyt Enterprises, Inc., 604 So.2d 807 (Fla.1992). A measure of this test is the “result obtained” at the close of the case. Granoff v. Seidle, 915 So.2d 674, 677 (Fla. 5th DCA 2005). “The test is not who was partly at fault in creating the controversy which gave rise to the lawsuit.” Sorrentino v. River Run Condo. Ass’n, 925 So.2d…

2Cases cited3 opinions

  1. Moritz v. Hoyt Enterprises, Inc.Supreme Court of Florida · 1992
  2. Granoff v. SeidleDistrict Court of Appeal of Florida · 2005
  3. Sorrentino v. River Run Condominium Ass'nDistrict Court of Appeal of Florida · 2006

3Cited by5 opinions

  1. Babin Builders and Development, Inc. v. Raymond Quinones and Linda Quinones, A&T Stucco, LLC, King's Window & Door Installation, Inc., and Arturo's Framing, Inc.District Court of Appeal of Florida · 2025
  2. Greenbuild Construction Co. v. Jean Richard DesrouleauxDistrict Court of Appeal of Florida · 2025
  3. KUN XIANG, M.D. v. OCALA HEART CLINIC II, LLC, WILLIAM F. DRESEN, M.D., JOSEPH R. ALONSO, M.D, VIJAY K. MITTAL, M.D., SUREXA CACODCAR, M.D., LAN LUO, M.D. AND TONG LIU, M.D.District Court of Appeal of Florida · 2024
  4. LOUIS CARAMBOT v. LIZET MONCIONDistrict Court of Appeal of Florida · 2023
  5. SKYLINK JETS, INC. v. MARTIN KLUKANDistrict Court of Appeal of Florida · 2020

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