GEORGE B. CHESTNUT, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Moritz v. Hoyt Enters., Inc., 604 So. 2d 807 (Fla. 1992)
  …evailing party under circumstances where Carl and Sara Moritz had been found to have breached a contract but were still entitled to a judgment for the majority of the funds held on deposit. We find conflict with Casaran v. Land O’Lakes Realty, Inc., 542 So. 2d 371 (Fla. 5th DCA 1989), in which the Fifth District Court of Appeal held that the prevailing party, for the purpose of awarding attorney’s fees, is the party who recovers the larger portion of the sum in dispute.1 We approve the decision of the distric…
• Prosperi v. Code, Inc., 626 So. 2d 1360 (Fla. 1993)
  …t of attorney’s fees to the prevailing party combined with another claim which did not provide for the payment of attorney’s fees. However, Moritz bears significantly upon the instant case because it disapproved Casavan v. Land O’Lakes Realty, Inc., 542 So. 2d 371 (Fla. 5th DCA 1989), and Daniels v. Arthur Johannessen, Inc., 496 So. 2d 914 (Fla. 2d DCA 1986), each of which had held that the party obtaining the greater award was the prevailing party even though that party rather than the other had breached the…
• Moritz v. Hoyt Enters., Inc., 576 So. 2d 351 (Fla. 4th DCA 1991)
  …lication, that in contract cases a breach by one party ipso facto causes the other party to be the prevailing party if litigation ensues. If that is intended as this court’s holding, then there is conflict with Casavan v. Land O’ Lakes Realty, Inc., 542 So. 2d 371 (Fla. 5th DCA 1989), which held that the party who recovers the larger portion of a sum in dispute is the prevailing party for purposes of an attorney’s fee award, even though that party was found to have breached the contract. While language in Wil…

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Authorities Cited

• Lomont v. State, 506 So. 2d 1141 (Fla. 2d DCA 1987)
• Crews v. State, 502 So. 2d 1360 (Fla. 5th DCA 1987)
• Senior v. State, 502 So. 2d 1360 (Fla. 5th DCA 1987)