Tierra Holdings, Ltd. v. Mercantile Bank
District Court of Appeal of Florida
1Opinion of the CourtVan Nortwick, J.
Tierra Holdings, Ltd. (“Tierra”) appeals a trial court order which (1) awarded Tier-ra its costs and attorney’s fees incurred after December 1, 2006, the date of its valid proposal for settlement pursuant to section 768.79, Florida Statutes (2006), in the breach of contract claim filed against Tierra by Mercantile Bank (“Mercantile”), and (2) awarded Mercantile all of its costs and attorney’s fees incurred through trial in connection with its breach of contract claim against Tierra, pursuant to a prevailing party attorney’s fees provision in the contract. Tierra conceded below that Mercantile…
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