Florida District Courts of Appeal, 1984

Bende v. McLaughlin

Florida District Courts of Appeal · Decided April 11, 1984 · Hurley, Norris, Walden, William

448 So. 2d 1146; 1984 Fla. App. LEXIS 12611 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

This was an action for specific performance of a contract for the sale of land. Defendant prevailed and was awarded attorney’s fees. Plaintiff appeals. We affirm.

As to attorney’s fees, we affirm upon authority of Sousa v. Palumbo, 426 So.2d 1072 (Fla. 4th DCA 1983). We acknowledge that a contra view is expressed in Leitman v. Boone, 439 So.2d 318 (Fla. 3d DCA 1983). Thus, the two cases are in conflict.

AFFIRMED.

HURLEY and WALDEN, JJ., and NORRIS, WILLIAM A., Jr., Associate Judge, concur.

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