DFG Grp., LLC v. Heritage Manor of Mem'l Park, Inc.
District Court of Appeal of Florida
1Opinion of the CourtLevine, J.
*421The buyers appeal, and the sellers cross-appeal, a final judgment awarding the sellers attorney's fees incurred during the sale of a cemetery as well as punitive damages. The issue presented for our review is whether the sellers, after choosing affirmation over rescission of a disputed contract, can be awarded attorney's fees as damages. We find that once the sellers chose affirmation of the contract, the sellers could not be awarded attorney's fees as damages. As such, we reverse. We affirm the sellers' cross-appeal without discussion, finding it to be without merit.
The sellers retained a…
Also in this document: Concurrence.
2Cases cited10 opinions
- Engle v. Liggett Group, Inc.Supreme Court of Florida · 2006
- Ault v. LohrSupreme Court of Florida · 1989
- Morgan Stanley & Co. v. Coleman HoldingsDistrict Court of Appeal of Florida · 2007
- Lawnwood Medical Center Inc. v. SadowDistrict Court of Appeal of Florida · 2010
- Sundie v. LindsayDistrict Court of Appeal of Florida · 1964
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3Cited by7 opinions
- BECKY J. KERSEY, INDIVIDUALLY AND AS TRUSTEE OF THE MARY JO C. ABRAHAM LIVING TRUST DATED 4/18/07 v. KENNETH J. ABRAHAMDistrict Court of Appeal of Florida · 2024
- CANO, INC. v. MICHEL JUDETDistrict Court of Appeal of Florida · 2021
- Heritage Manor of Memorial Park, Inc. v. DFG Group, LLCSupreme Court of Florida · 2020
- Hiren Shah v. Sanjay v. Patel and Umesh PatelDistrict Court of Appeal of Florida · 2025
- Mark Kinchla, Individually and Mark 48, LLC v. Ran Investments, LLC, Kilgore Properties, LLC, Nanlann, Inc., Robert Pola, Newton Corner CondominiumDistrict Court of Appeal of Florida · 2024
2 more not listed; retrieve them via the Exa API.