MORTON v. HEATHCOCK

No. 3D04-1121.

913 So.2d 662 (2005)

Greg MORTON, Appellant/Cross-appellee, v. Mark R. HEATHCOCK and Liliana C. Heathcock, Appellees/Cross-appellants.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 17, 2005.


Attorney(s) appearing for the Case

Merlin & Hertz and Robert J. Merlin, Miami, for appellant/cross-appellee.

Brigham Moore and Amy Brigham Boulris, Miami, for appellees/cross-appellants.

Before FLECTHER, RAMIREZ, and WELLS, JJ.


WELLS, Judge.

Defendant/Seller, Greg Morton, appeals from a prevailing party fee award entered in an action to enforce a residential real estate contract, claiming the award was unsupported by competent substantial evidence. Plaintiffs/Buyers, Mark and Liliana Heathcock, cross-appeal denial of their 57.105 fee request. We reverse the denial of the 57.105 fee request and remand for an evidentiary hearing to determine the amount of the fee to be awarded.

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