TARR v. HONEA

No. 4D06-3765.

959 So.2d 780 (2007)

S.A. TARR, Trustee, Appellant, v. John HONEA, Appellee.

District Court of Appeal of Florida, Fourth District.

June 20, 2007.


Attorney(s) appearing for the Case

Richard B. Warren of Richard B. Warren, P.A., West Palm Beach, for appellant.

James A. Bond of James A. Bond Law Offices, Palm City, for appellee.


GROSS, J.

S.A. Tarr appeals an order denying his motion to tax costs and attorney's fees. We reverse because the trial court abused its discretion in failing to award attorney's fees under a prevailing party provision in a contract.

On June 25, 2004, Tarr, as seller, and appellee, John Honea, as buyer, entered into a contract for the sale and purchase of real property. The contract provided that the property was to be sold "as is" and gave the buyer a 20 day...

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