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Florida District Courts of Appeal, 2011

Bryant v. REYNOLDS GENERAL CONTRACTORS, INC.

Bryant v. REYNOLDS GENERAL CONTRACTORS, INC.
Florida District Courts of Appeal · Decided September 16, 2011 · Evander, Lawson, Palmer
71 So. 3d 904; 2011 Fla. App. LEXIS 14670; 2011 WL 4102294 (Southern Reporter, Third Series)

Bryant v. REYNOLDS GENERAL CONTRACTORS, INC.

Opinion of the Court

PER CURIAM.

AFFIRMED.

PALMER and LAWSON, JJ., concur. EVANDER, J., dissents with opinion.

Dissenting Opinion

EVANDER, J.,

dissenting.

While I acknowledge that the “abuse of discretion” standard of review is a deferential one, I believe a reversal is required. *905Given the ultimate outcome below, this was an ideal case for the trial court to hold that neither side was the “prevailing party” and to decline to make an award of attorney’s fees. See, e.g., Merchants Bonding Co. (Mutual) v. City of Melbourne, 832 So.2d 184 (Fla. 5th DCA 2002); Brevard County Fair Ass’n v. Cocoa Expo, Inc., 832 So.2d 147 (Fla. 5th DCA 2002); Lasco Enters., Inc. v. Kohlbrand, 819 So.2d 821 (Fla. 5th DCA 2002).

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