SILVER BLUE LAKE APTS., NO. 3, INC., APPELLANTS,
v.
ALEX MANSON AND CAROLYN MANSON, HIS WIFE, APPELLEES
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Silver Blue Lake Apartments appealed the denial of attorney's fees in a declaratory judgment action concerning lease interpretation. The court held that the prevailing defendant lessee was entitled to attorney's fees under the express contractual provision in the lease, and reversed the trial court's denial of the fee award.
The trial court's denial of attorney's fees to the prevailing defendant was an infringement of the contract terms. The defendant lessee is entitled to attorney's fees as provided in the lease agreement, and the case is remanded for the trial court to set a reasonable fee in accordance with the contract.
[1] A prevailing party in a declaratory judgment action is entitled to attorney's fees when the contract between the parties provides for such fees.
[2] A lease provision for attorney's fees applies reciprocally to both lessor and lessee when either party is required to employ an attorney to enforce their rights under the…
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Join FLexlaw to unlock all legal intelligence“There is no doubt that, under the circumstances of this case, the defendant was the prevailing party.”
Establishes that the defendant succeeded on the merits of the declaratory judgment action
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Join FLexlaw to unlock all legal intelligenceSilver Blue Lake Apartments (lessor) brought a declaratory judgment action against the Mansons (lessees) to interpret a lease provision regarding perc…
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PER CURIAM.
The sole question remaining to be determined in this appeal is that raised by the cross-assignment of error directed to the court’s refusal to allow attorney’s fees to the defendant in the trial court.
The defendant was brought into court to defend a declaratory judgment action in which the plaintiff sought a judgment interpreting a provision of a lease providing for the payment of rents on a percentage basis wherein the defendant was the lessee and the plaintiff was the lessor. The defendant landlord claimed rents according to the terms of the lease. The plaintiff claimed the right to use certain parts of the property for other than rental purposes. The final judgment entered required the payment of rents according to the provisions of the lease except as to one portion of the property which the court allowed to be used for other than rental purposes. There is no doubt that, under the circumstances of this case, the defendant was the prevailing party.
The provision in the lease for payment of attorney’s fees is as follows:
“If at any time, by reason of the failure of the Lessee to keep and perform any covenant or agreement which, under the terms of this lease, the Lessee is bound and obligated to keep and perform, it becomes necessary for the Lessor to employ an Attorney-at-Law to protect the rights and interest of the Lessor in the property demised or to enforce the lease or proceed under it in any particular, then, in any of such events, the Lessee will owe and will pay unto the Lessor all costs of court and reasonable Attorney’s fees incurred or expended by the Lessor in taking such actions; and, correspondingly, if by reason of the default of the Lessor in the performance of any of the Lessor’s obligations hereunder it becomes necessary for the Lessee to employ an Attorney to enforce the Lessee’s rights accruing by reason of or in connection with the Lessor’s default, the Lessor will owe and will pay to the Lessee all costs of court and reasonable Attorney’s fees incurred or expended by the Lessee in enforcing such rights of the Lessee.”
**
We hold that the denial of attorney’s fees, where the defendant in a declaratory judgment proceeding prevailed and secured a judgment enforcing the terms of the lease, was an infringement of the terms of contract between the parties. See the rule in Tamiami Abstract & Title Co. v. Malanka, Fla.App. 1966, 185 So. 2d 493.
Accordingly, the order denying attorney’s fees to the defendant Manson is reversed and the cause is remanded with directions to set the fee to be allowed in accordance with the terms of the contract.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Brickell BAY Club Condo. Ass'n, Inc. v. Forte, 397 So. 2d 959 (Fla. 3d DCA 1981)…aking, any more than any other contractual provision. Ritter’s Hotel, Inc. v. Sidebothom, 142 Fla. 171, 194 So. 322 (1940); Kendall East Estates, Inc. v. Banks, 386 So. 2d 1245, 1247 (Fla. 3d DCA 1980); Silver Blue Lake Apts., No. 3, Inc. v. Manson, 334 So. 2d 48 (Fla. 3d DCA 1976). Accordingly, the cause is remanded for the sole purpose of determining the amounts of attorney’s fees and costs to be awarded under the provision in question.3 Affirmed in part, reversed in part. . See, Brickell Bay Club Condom…
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Casarella, Inc. v. Zaremba Coconut Creek Parkway Corp., 595 So. 2d 162 (Fla. 4th DCA 1992)…dlord, sub judice, is trying to “enforce ... its rights under this lease” and “collect ... sums due to it,” i.e., the CAM charges. Somewhat in line with our thinking is a case out of the Third District, Silver Blue Lakes Apts. No. 3, Inc. v. Manson, 334 So. 2d 48 (Fla. 3d DCA 1976), which involved an action for a declaratory judgment by the tenant. The provision authorizing attorney’s fees in that case was worded similarly to the one here; it required the tenant to pay attorney’s fees “any time ... it [becam…
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Dade Sav. & Loan Ass'n v. Broks Ctr., 529 So. 2d 775 (Fla. 3d DCA 1988)…cordance with their contracts. A declaratory judgment action which results in the enforcement of a contractual term may entitle a party to recover attorney’s fees if the contract so provides. See, e.g., Silver Blue Lake Apts., No. 3, Inc. v. Manson, 334 So. 2d 48 (Fla. 3d DCA 1976) (defendant landlord who prevailed in declaratory judgment proceeding resulting in enforcement of lease provision for payment of rents on percentage basis was entitled to attorney’s fees pursuant to lease’s terms). See generally An…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Am. Emp'rs Ins. Co. & Roderick E. Chandler, Jr. v. The Hanover Ins. Co., 185 So. 2d 493 (Fla. 4th DCA 1966)
- Tamiami Abstract & Title Co. v. Malanka, 185 So. 2d 493 (Fla. 2d DCA 1966)