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FIRST UNION NATIONAL BANK OF FLORIDA v. 2800 S.E. DUNE DRIVE CONDOMINIUM ASSOCIATION, INC.

No. 94-2353.

661 So.2d 955 (1995)

FIRST UNION NATIONAL BANK OF FLORIDA and Sea Land Contractors, Inc., a Florida Corporation, Appellants, v. 2800 S.E. DUNE DRIVE CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

October 25, 1995.

Attorney(s) appearing for the Case

Robert Ferencik, Ira L. Libanoff and David J. Valdini, of Leiby, Ferencik, Libanoff & Brandt, P.A., Ft. Lauderdale, for appellants.

Tim B. Wright and Gary L. Sweet of Warner, Fox, Seeley, Dungey & Sweet, Stuart, for appellee.

KLEIN, Judge.

Appellant Sea Land, a contractor, appeals an adverse judgment for attorney's fees based on a provision in its contract with appellee owner which provided:

Contractor shall reimburse Association for reasonable attorneys' fees and costs including such fees and costs for any proceeding, trial or appeal, incurred by reason of Contractor's failure to perform under this Contract or any part thereof.

A dispute arose between the owner of the...

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