Legal Opinion
Florida Hurricane Protection & Awning, Inc. v. Pastina
District Court of Appeal of Florida
Decided September 8, 2010No. 4D08-4641PublishedCited by 19 opinions
1Opinion of the CourtMay, J.
A contractor petitions this court for a writ of certiorari, seeking second tier review of a circuit court decision that affirmed a county court award of attorney’s fees in favor of a homeowner in a contract dispute. The contractor argues the trial court departed from the essential requirements of law by failing to follow our decision in Subway Restaurants, Inc. v. Thomas, 860 So.2d 462 (Fla. 4th DCA 2003). We agree and grant the petition.
The homeowner hired the contractor to install shutters. The shutter installation contract included the following attorney’s fees provision: “Purchaser is…
2Cases cited10 opinions
- Allstate Ins. Co. v. KaklamanosSupreme Court of Florida · 2003
- State Farm Fire & Cas. Co. v. PalmaSupreme Court of Florida · 1993
- Willis Shaw Express, Inc. v. Hilyer Sod, Inc.Supreme Court of Florida · 2003
- Trytek v. Gale Industries, Inc.Supreme Court of Florida · 2009
- Indemnity Ins. Co. v. ChambersDistrict Court of Appeal of Florida · 1999
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Waverly at Las Olas Condominium Ass'n v. Waverly Las Olas, LLCDistrict Court of Appeal of Florida · 2012
- International Fidelity Insurance Company v. Americaribe-Moriarity JVCourt of Appeals for the Eleventh Circuit · 2018
- Pier 1 Cruise Experts, Corp. v. Revelex Corp.Court of Appeals for the Eleventh Circuit · 2019
- Bloom v. BloomDistrict Court of Appeal of Florida · 2017
- First States Investors 3300, LLC v. PheilDistrict Court of Appeal of Florida · 2011
14 more not listed; retrieve them via the Exa API.