CORDOVA v. ENCLAVE AT SILVER LAKES ASSOC.

Nos. 97-2176, 97-3661.

714 So.2d 1209 (1998)

Wayne F. CORDOVA and Patricia A. Cordova, Appellants, v. The ENCLAVE AT SILVER LAKES ASSOCIATES, LTD., a corporation and Brookman-Fels/Zukerman, a Joint Venture, Appellees.

District Court of Appeal of Florida, Fourth District.

August 12, 1998.


Attorney(s) appearing for the Case

Fred E. Glickman of Fred E. Glickman, P.A., Miami, for appellants.

Joseph P. Klapholz of Manella & Klapholz, LLP, Hollywood and Peter M. Hodkin, Ft. Lauderdale, for appellees.


PER CURIAM.

We affirm the summary judgment in favor of the appellees, who constructed a home for the appellants. The court erred, however, in including attorney's fees for an arbitration proceeding when it awarded attorney's fees to the appellees pursuant to the prevailing party attorney's fee provision in the contract. The arbitration did not arise out of the contract, but rather was pursuant to a separate homeowner's warranty issued by a third party, which was independent...

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