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BROWARD MARINE v. PALM BEACH POLO HOLDINGS

No. 4D03-4231.

902 So.2d 855 (2005)

BROWARD MARINE, INC., Broward Marine East, Inc., a Florida corporation, Dennis Delong, as Personal Representative of the Estate of Franklin A. Denison, Sr., deceased, Appellants, v. PALM BEACH POLO HOLDINGS, INC., a Florida corporation, Broward Yachts, Inc., a Florida corporation, Double Eagle Yachts, Inc., a Florida corporation and Christopher Denison, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 24, 2005.

Attorney(s) appearing for the Case

Susan E. Trench of Goldstein, Tanen & Trench, P.A., Miami, for appellants.

John M. Mullin and Amy J. Galloway of Duke, Mullin & Galloway, P.A., Fort Lauderdale, for appellees.

KLEIN, J.

After an exchange of personal and real property in a commercial transaction, plaintiffs brought this lawsuit seeking rescission or damages based on alleged fraudulent misrepresentations which occurred before the parties entered into the contract. The defendants prevailed, and the trial court awarded prevailing party attorney's fees under a provision authorizing fees in the contract. Plaintiffs argue that Caufield...

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