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Attorneys Fees for Contract Lawsuits: Florida Breach of Contract & Business Sale Case — April 8, 2015 Florida 4th DCA

Uncategorized Apr 9, 2015
post about Attorneys Fees for Contract Lawsuits: Florida Breach of Contract & Business Sale Case — April 8, 2015 Florida 4th DCA

Involved in a breach of contract Palm Beach case?  You may want to read what the Palm Beach Appeals Court said in a recent April 8, 2015 opinion.

Can I get my attorneys fees paid for a Palm Beach breach of contract case?

  • To get attorneys fees in a commercial litigation Palm Beach case, you need a statute or a contract.
  • In this recent Palm Beach appeals case of a commercial litigation matter, there was a prevailing party attorneys fee provision in the contract.
  • The seller of a Florida restaurant sued the buyers for breach of contract…. a typicalcommercial lawsuit case Ft. Lauderdale?
  • The buyers went on the offense and brought a counter suit or a counterclaim which sounded in fraud
  • Involved in a business lawsuit involving fraud Palm Beach?
  • The seller lost on summary judgment Florida.
  • But it gets worse !  The guy who filed the lawsuit not only lost, but then…. he lost on thecounter suit or the counterclaim !
  • Plaintiff seller was found to be liable for fraudulent inducement ! (reversed on appeal)
  • But wait….it gets still worse…

How do you get attorneys fees when a business lawsuit is filed?

  • The guy who filed the lawsuit never asked for attorneys fees
  • The defendant asked for attorneys fees !!
  • The buyers of the business got attorneys fees at the Ft. Lauderdale trial.
  • But…. after reversal of the counterclaim, the trial court vacated the award of attorneys fees and costs
  • So, the buyers filed this appeal to get attorneys fees and costs from the breach of contract case.

To read the entire opinion, click on this link: http://www.4dca.org/opinions/April%202015/04-08-15/4D14-229.op.pdf