Florida Hurricane Protection & Awning, Inc. v. Pastina

I respectfully dissent. I would deny the petition for a writ of certiorari, because in affirming the trial court’s award of attorney’s fees to the homeowner, the circuit court applied the correct law. Section 57.105(7), Florida Statutes (2008), mandates that contractual attorney’s fees provisions be deemed reciprocal obligations in any action to enforce the contract. The contract in this case contained a unilateral attorney’s fees provision for the contractor’s enforcement of the contract. By operation of the statute, this attorney’s fees provision was rendered reciprocal. Because the…