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THREE PALMS v. U.S. NO. 1 FITNESS CENTERS

Nos. 4D06-3163, 4D06-4609.

984 So.2d 540 (2008)

THREE PALMS ASSOCIATES, Appellant, v. U.S. # 1 FITNESS CENTERS INC., Norberto Rodriguez, Wells Fargo Bank Minnesota, N.A., Bankunited, FSB, Financial Pacific Leasing, LLC, and Colonial Pacific Leasing Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

April 16, 2008.

Attorney(s) appearing for the Case

Steven L. Winig of Steven L. Winig, P.A., and Lynn G. Waxman of Lynn G. Waxman, P.A., West Palm Beach, for appellant.

Ronald L. Giroux, Miami, for appellees.

TUTER, JACK, Associate Judge.

Three Palms appeals the trial court's final order determining Three Palms and U.S. 1 Fitness Centers had entered into a settlement agreement which was a novation of the original lease and that neither party is entitled to damages or attorney's fees. Three Palms also argues the trial court erred in denying its motion for attorney's fees pursuant to a prevailing party clause in the original lease. We reverse in part, affirm in part, and...

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