JERRY SPRAYBERRY, ET AL, APPELLANTS,
v.
MGC, INC., ET AL, APPELLEES

Fla. 5th DCA | 1985-03-07
No. 84-503
COBB, C.J., and DAUKSCH, J., concur.
467 So. 2d 1 Florida District Court of Appeal, Fifth District (1985) Positive Treatment
Cited by 2 cases


Opinion of the Court
COWART, Judge.

COWART, Judge.

This is an action at law by a lessor of aircraft against the lessees, and persons guaranteeing the lessees’ performance under the lease, for damages from breach of contract and for other relief. The trial judge allowed the lessor reasonable attorney’s fees and the guarantors appeal. We reverse.

The only provision in the written lease for attorney’s fees is in connection with an indemnification paragraph in which the lessee agreed to indemnify and save harmless lessor and its successors and assigns from and against any and all loss, damage, injury or death claims, demands and liability of every nature, including reasonable attorney’s fees arising directly or indirectly from or in connection with the possession, maintenance, use or operations of the aircraft, (emphasis supplied)

This provision does not relate to attorney’s fees incurred by the lessor in suing for rental due under the lease agreement.

REVERSED.

COBB, C.J., and DAUKSCH, J., concur.


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Citator

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  • H & S Corp. v. United States Fid. & Guar. Co., 667 So. 2d 393 (Fla. 1st DCA 1995)
    …& S’s responsibility in this area includes legal fees for any action that may be brought against USF & G. Clearly, this provision does not include fees incurred in litigation between USF & G and H & S over the contract. See Sprayberry v. MGC, Inc., 467 So. 2d 1 (Fla. 5th DCA 1985) (provision in aircraft lease that lessee would indemnify lessor for claims and attorneys’ fees arising directly or indirectly from possession for use of the aircraft did not permit the lessor to recover attorneys’ fees from the l…

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