FLORIDA DHRS v. MORSE

No. 97-1434.

708 So.2d 640 (1998)

FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, an agency of the State of Florida, Appellant, v. Irwin S. MORSE, M.D., Appellee.

District Court of Appeal of Florida, Third District.

April 1, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Doquyen T. Nguyen, Assistant Attorney General, for appellant.

St. Louis, Guerra & Auslander and Juan C. Martinez, Miami, for appellee.

Before GERSTEN, FLETCHER and SORONDO, JJ.


FLETCHER, Judge.

The Florida Department of Health and Rehabilitative Services [HRS] appeals an order awarding attorney's fees against it and in favor of Irwin S. Morse, M.D. in an action for breach of a commercial lease. Concluding that there was no authority for an award of attorney's fees, we reverse the order.

At the expiration of its lease with Dr. Morse, HRS vacated the leased premises (located in the Town Square Mall in Marathon). Shortly thereafter...

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