TRAYLOR BROTHERS, INC., APPELLANT/CROSS-APPELLEE,
v.
JARRETT G. MELVIN, ROBERT C. ERHART, AND KENT AMOS, AS SUCCESSOR CO-TRUSTEES OF THE COLEMAN L. KELLY TESTAMENTARY TRUST, APPELLEES/CROSS-APPELLANTS
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Florida appellate court affirmed breach of contract judgment against lessee but reversed award of attorney's fees to lessor, holding that indemnification clauses in the lease agreement do not provide for attorney's fees between contracting parties, and remanded for determination of damages for equipment removal.
Indemnification clauses in a lease agreement do not provide for an award of attorney's fees to the prevailing party in litigation between the contracting parties.
[1] Indemnification clauses in a lease agreement do not provide for recovery of attorney's fees in litigation between the contracting parties absent explicit contractual lang…
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Join FLexlaw to unlock all legal intelligenceTraylor Brothers leased property owned by the Melvin trustees to use as a site for bridge construction in Okaloosa County under a Lease Agreement.…
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PER CURIAM.
This is an appeal and cross-appeal of a Final Judgment in a breach of contract action, arising out of a Lease Agreement between the parties. Appellant leased property owned by Appellees to use as a site for bridge construction in Okaloosa County. We affirm all issues on appeal except the trial court’s finding that Appel-lees are entitled to attorney’s fees based on a provision in the Lease Agreement. The indemnification clauses in the Lease Agreement do not provide for an award of attorney’s fees to the prevailing party in litigation between the contracting parties. Accordingly, Appellees are not entitled to an award of attorney’s fees. See Penthouse North Ass’n, Inc. v. Lombardi, 461 So. 2d 1350 (Fla.1984).
On cross-appeal, we reverse and remand for a determination of damages to be awarded to Appellees for the removal of the remaining equipment foundation on the property. The record does not contain competent, sufficient evidence to support the trial court’s explanation on rehearing that the Final Judgment includes damages yet to be incurred by Appellees. Therefore, we reverse and remand for a determination of future damages. We also reverse the trial court’s determination that Appellant is required to pay reasonable and necessary attorney’s fees to Appellees.
AFFIRMED in part; REVERSED in part and REMANDED.
BOOTH, MINER and KAHN, JJ., concur.
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Int'l Fid. Ins. Co. v. Americaribe-Moriarty JV, 906 F.3d 1329 (11th Cir. 2018)…ssociation and directors, concluding instead that the indemnification provision applied only to actions between the directors and third parties, and not to actions between the contracting parties. Id. at 1352-53 ; see also Traylor Bros. v. Melvin, 776 So. 2d 947, 948 (Fla. Dist. Ct. App. 2000) (denying attorney's fees to a prevailing party because the "indemnification clauses in the Lease Agreement d[ id] not provide for an award of attorney's fees to the prevailing party in litigation between the contra…
Authorities Cited
- Penthouse N. Ass'n, Inc. v. Remo M. Lombardi, 461 So. 2d 1350 (Fla. 1984)