Rogers v. Vulcan Manufacturing Co.

In this appeal, we review the trial court’s order finding that Appellant was entitled to attorney’s fees as the prevailing party under a non-compete contract, but awarding him $0. The trial court based its decision on the fact that Appellant did not personally pay his attorney’s fees. Appellant contends this was error and he was entitled to attorney’s fees for two reasons: 1) pursuant to section 542.335(l)(k), Florida Statutes; and 2) pursuant to the terms of the non-compete agreement. We reject Appellant’s first argument because it was not preserved. For the reasons explained below, we agree…