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LEO v. MacLEOD

No. 98-04413.

752 So.2d 627 (1999)

Albert LEO and Barbara Leo, Appellants, v. Sheila MacLEOD, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 3, 2000.

Attorney(s) appearing for the Case

A. Wade James of A. Wade James, P.A., St. Petersburg, for Appellants.

Jawdet I. Rubaii and Jack F. White, III, of Jawdet I. Rubaii, P.A., Clearwater, for Appellee.

ALTENBERND, Judge.

Albert and Barbara Leo appeal a final order awarding attorneys' fees to Sheila MacLeod pursuant to the attorneys' fee clause in a standard contract for sale and purchase of residential real estate. We reverse because the trial court rescinded this contract due to a mutual mistake of material fact. When a party affirmatively seeks rescission of a voidable contract based upon mutual mistake and does not prove a breach of contract on the part of the...

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