Florida District Courts of Appeal, 1996

Van Hezewyk v. Nall

Van Hezewyk v. Nall
Florida District Courts of Appeal · Decided March 6, 1996 · Glickstein, Klein, Polen
668 So. 2d 1113; 1996 Fla. App. LEXIS 2035; 1996 WL 93901 (Southern Reporter, Second Series)

Van Hezewyk v. Nall

Opinion of the Court

PER CURIAM.

We reverse the trial court’s denial of prevailing party attorney’s fees because we conclude that this lawsuit brought by the purchaser of a residence against the seller for termite damage was based on a contract containing a prevailing party attorney’s fee provision. Having reviewed a copy of the contract which was attached to the complaint, we reject the buyer’s argument that the suit was not based on the contract. We therefore reverse and remand for an award of attorney’s fees.

GLICKSTEIN, POLEN and KLEIN, JJ., concur.

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