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ISLANDER BEACH CLUB CONDOMINIUM v. SKYLARK

No. 5D06-503.

975 So.2d 1208 (2008)

ISLANDER BEACH CLUB CONDOMINIUM, etc., Appellant, v. SKYLARK SPORTS, L.L.C., Appellee.

District Court of Appeal of Florida, Fifth District.

March 7, 2008.

Attorney(s) appearing for the Case

Robert W. Thielhelm, Jr. and Leslie B. Bissinger, of Baker & Hostetler, LLP, Orlando, for Appellant.

Neal A. Sivyer and Paul D. Watson, of Sivyer, Barlow & Watson, P.A., Tampa, for Appellee.

SAWAYA, J.

The issue we must resolve is whether the following attorney's fee provision in a lease agreement entered into between Islander Beach Club Condominium Association of Volusia County, Inc. and Skylark Sports, LLC is enforceable:

ATTORNEY'S FEES: In the event that either party incurs legal fees or costs in the enforcement of this Lease or any provision hereof, whether suit is filed or not, shall be entitled to recover and to receive payment...

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