Florida Department of Health & Rehabilitative Services v. Morse

FLETCHER, Judge.

The Florida Department of Health and Rehabilitative Services [HRS] appeals an order awarding attorney’s fees against it and in favor of Irwin S. Morse, M.D. in an action for breach of a commercial lease. Concluding that there was no authority for an award of attorney’s fees, we reverse the order.

At the expiration of its lease with Dr. Morse, HRS vacated the leased premises (located in the Town Square Mall in Marathon). Shortly thereafter, Dr. Morse filed suit claiming that HRS had left the premises in an extensively damaged condition. The jury returned a verdict, finding that…