DAVID W. MARGOLIS, INDIVIDUALLY, AND FOR THE USE AND BENEFIT OF LIDA W. GRAVES, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ERNEST H. GRAVES, APPELLANT,

v.

GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORP., LTD., APPELLEE

Citator

Cited By

• Complete Interiors, Inc. v. Behan, 558 So. 2d 48 (Fla. 5th DCA 1990)
  …s. The relative “remedies” provided in this contract to the buyer vis-a-vis the developer are neither mutual nor reasonable. Ocean Dunes, 463 So. 2d at 440. These cases, however, do not involve awards of attorney's fees. In Petrulli v. Castellano, 412 So. 2d 432 (Fla. 4th DCA 1982), a borrower successfully defended a mortgage foreclosure action. The trial court awarded the borrower attorney’s fees as a matter of “equity, good conscience and mutuality.” The promissory note secured by the mortgage, however, p…
• Baker Protective Servs. v. FP Inc. & Fid. & Deposit Co. of Md., 659 So. 2d 1120 (Fla. 3d DCA 1995)
  …r and unambiguous language of this contract reveals that the attorney’s fee provision at issue in this case is not a “prevailing party” provision. See Oliver Gen. Fence, Inc. v. Roche, 594 So. 2d 339, 339 (Fla. 5th DCA 1992); Petrulli v. Castellano, 412 So. 2d 432, 433 (Fla. 4th DCA 1982). Instead, the question of entitlement to attorney’s fees is controlled by the plain meaning of the language in the contract. See B & H Constr. & Supply Co. v. District Bd. of Trustees, 542 So. 2d 382, 387 (Fla. 1st DCA), rev…
• Commercial Serv. OF Perry, Inc. v. Patsy L. Campbell also known as Patsy Campbell, 861 So. 2d 1258 (Fla. 4th DCA 2003)
  …s note and mortgage did not intend that the attorney’s fees be awarded to anyone other than the note holder, Commercial Services. This court has previously recognized that such one-sided contractual provisions are valid. See Petrulli v. Castellano, 412 So. 2d 432, 433 (Fla. 4th DCA 1982). See also Personnel One, Inc. v. John Sommerer & Co., P.A., 564 So. 2d 1217, 1218 (Fla. 3d DCA 1990)(holding where contract provides that the creditor, alone, would be entitled to fees if it prevailed, the contract did not e…

Authorities Cited

• S.C. Ins. Co. v. Heuer, 402 So. 2d 480 (Fla. 4th DCA 1981)