TREAL GROUP, INC., A FLORIDA CORPORATION, APPELLANT,
v.
CUSTOM VIDEO SERVICES, INC., D/B/A HOLLYWOOD MULTIMEDIA CENTRE, AND JESSE MAY, APPELLEES

Fla. 4th DCA | 1996-11-20
Nos. 95-1066, 95-1176
PARIENTE and STEVENSON, JJ., concur.
682 So. 2d 1230 Florida District Court of Appeal, Fourth District (1996) Positive Treatment
Cited by 2 cases

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Synopsis

Treal Group sued Custom Video Services for breach of a commercial lease. The trial court entered judgment for Custom and denied Custom's request for attorney's fees. On appeal, Treal challenged the verdict on multiple grounds, while Custom appealed the denial of attorney's fees. The appellate court affirmed the judgment for Custom but reversed the denial of attorney's fees under the two-issue rule.


Holding

The court affirmed the judgment for Custom on all of Treal's challenges to the verdict, but reversed the denial of attorney's fees and remanded for the trial court to award Custom's reasonable fees under the lease's prevailing party attorney's fee provision.


Headnotes

[1] A general verdict form, when multiple issues are submitted to the jury, requires a presumption that all issues were decided in favor of the prevailing party if at least o…

[2] A prevailing party is entitled to attorney's fees under a lease provision when the jury returns a general verdict in their favor, even if the lease's validity was dispute…

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Key Quotes

“[u]nder the two issue rule, when multiple issues are submitted for resolution to the jury in a general verdict form, and one of the issues is without error, then the court must presume that all issues were decided in favor of the prevailing party”

Establishes the two-issue rule that applies when a jury enters a general verdict on alternative grounds

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Facts & Procedural History

Treal, as lessor, sued Custom Video Services and Jesse May, as lessees, for breach of a commercial lease. The case went to trial and the jury entered …

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Opinion of the Court
POLEN, Judge.

POLEN, Judge.

Treal Group, Inc. (Treal), as lessor, sued Custom Video Services, Inc., d/b/a Hollywood Multimedia Centre, and Jesse May (collectively, Custom), as lessee, alleging breach of a commercial lease and damages. In these consolidated appeals, Treal appeals four purported trial errors which it contends require reversal of a judgment in favor of Custom. Custom appeals the trial court’s denial of attorney’s fees under the lease.

We have carefully considered the points raised by Treal, directed to the manifest weight of the evidence, the trial court’s failure to give a requested jury instruction, allegedly improper ex parte communications between the judge and jury, and a claimed inconsistency in the jury’s verdict. Treal’s points on appeal either do not require reversal, or alternatively, were waived by failure to make a timely objection.

On Custom’s appeal of the denial of attorney’s fees, we reverse. Although the trial court’s order does not state a reason for the denial of fees, Treal had argued the jury’s verdict must have been based on Custom’s claim that the lease is invalid. Since any entitlement to attorney’s fees would have been based on the lease provision, Treat contends, a jury verdict finding the lease invalid would preclude an award of fees. David v. Richman, 568 So. 2d 922 (Fla.1990) (noting a party is precluded from claiming attorney’s fees under a contract found to have never existed).

The verdict form submitted to the jury, however, was a general one which contained a finding for Custom without specifying the basis for so finding. Custom argued, and the case was submitted to the jury on two grounds: (1) the lease was invalid; and (2) Custom was not liable because of nonperformance of a condition.

In Odom v. Carney, 625 So. 2d 850 (Fla. 4th DCA 1993), this court stated that “[u]n-der the two issue rule, when multiple issues are submitted for resolution to the jury in a general verdict form, and one of the issues is without error, then the court must presume that all issues were decided in favor of the prevailing party-” Id. at 851. Because both issues were presented to the jury by Custom, and the jury could have found for Custom on either ground, but entered a general verdict, the two-issue rule of Odom applies here. The trial court could not look beyond the jury’s verdict and speculate it found the lease invalid. As the lease had a valid prevailing party attorney’s fee provision, Custom was entitled to an award of fees as the prevailing party.

We affirm the judgment in favor of Custom on the jury verdict, but reverse the denial of attorney’s fees and remand for the trial court to award Custom its reasonable fees.

PARIENTE and STEVENSON, JJ., concur.


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Citator

Cited By

  • Roger v. Barth, 748 So. 2d 260 (Fla. 1999)
    …tman, 383 So. 2d at 619 (defendant's appeal claiming error as to one theory of liability cannot result in reversal of verdict since plaintiff submitted two theories of liability to jury). . See, e.g., Treat Group, Inc. v. Custom Video Servs., Inc., 682 So. 2d 1230, 1231 (Fla. 4th DCA 1996) ("Because both [defense theories] were presented to the jury by [defendant] Custom, and the jury could have found for Custom on either ground, but entered a general verdict, the two-issue rule ... applies here.”). . Althou…

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