Anderson v. Willingham Realgrowth Investment Fund, Ltd.

This court in Lochrane Engineering, Inc. and Frank N. Anderson v. Willingham Realgrowth Investment Fund, Ltd., 563 So.2d 719 (Pla. 5th DCA 1990), rev. denied, 574 So.2d 145 (Fla.1990) held:

We agree that Anderson is the prevailing party as to the express contract claim and he is entitled to recover attorney’s fees relating to the successful defense of that claim. Therefore, this case is remanded to the trial court for the determination of a reasonable amount of attorney’s fees for these services. [Emphasis added.]

On remand, the newly assigned trial judge determined that “said defendant is not…