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MORITZ v. HOYT ENTERPRISES, INC.

No. 77892.

604 So.2d 807 (1992)

Carl A. MORITZ, et Ux., Petitioners, v. HOYT ENTERPRISES, INC., Respondent.

Supreme Court of Florida.

Rehearing Denied October 5, 1992.

Attorney(s) appearing for the Case

Freeman W. Barner, Jr. of Cromwell, Pfaffenberger, Dahlmeier, Barner & Griffin, North Palm Beach, for petitioners.

John L. Avery, Jr. of the Law Offices of John L. Avery, Jr., Jupiter, and John Beranek of Aurell, Radey, Hinkle & Thomas, Tallahassee, for respondent.

OVERTON, Justice.

This is a petition to review Moritz v. Hoyt Enterprises, Inc., 576 So.2d 351 (Fla. 4th DCA 1991), in which the district court held that Hoyt Enterprises (Hoyt) was entitled to attorney's fees as the prevailing 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...

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