Jones v. Smith

POLEN, Judge.

This is an appeal by the cross-plaintiffs of (1) a final judgment of the Palm Beach County Circuit Court which, although granting appellants/sellers specific performance and ancillary damages relative to a real estate contract, granted it only as it related to one of the named parties, Lucy Smith as personal representative of the estate of her deceased husband, and (2) an order granting appellee, Lucy Smith (individually), attorney’s fees as the prevailing cross-defendant. We reverse on both points.

On November 15, 1992, Donald Smith and his wife, Lucy Smith, entered into a…