Legal Opinion

Broward Marine, Inc. v. Palm Beach Polo Holdings, Inc.

District Court of Appeal of Florida

Decided May 4, 2005No. 4D03-4231Published

1Opinion of the CourtKlein, J.

After an exchange of personal and real property in a commercial transaction, plaintiffs brought this lawsuit seeking rescission or damages based on alleged fraudulent misrepresentations which occurred before the parties entered into the *856contract. The defendants prevailed, and the trial court awarded prevailing party-attorney’s fees under a provision authorizing fees in the contract. Plaintiffs argue that Canfield v. Cantele, 837 So .2d 371 (Fla.2002) does not authorize the award of attorney’s fees under the contract, where the fraud was alleged to have induced the contract. We disagree.

Plainti…

2Cases cited10 opinions

  1. Xuereb v. Marcus & Millichap, Inc.California Court of Appeal · 1992
  2. The 3250 Wilshire Boulevard Building the 3250 Wilshire Partners v. W.R. Grace & Company Metropolitan Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1993
  3. Childers v. EdwardsCalifornia Court of Appeal · 1996
  4. Kelly v. TworogerDistrict Court of Appeal of Florida · 1998
  5. Dickson v. DunnDistrict Court of Appeal of Florida · 1981

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