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DFG GROUP, LLC v. HERITAGE MANOR

No. 4D16-2972.

237 So.3d 419 (2018)

DFG GROUP, LLC, Edward Falcone, and Arthur Falcone, Appellants, v. HERITAGE MANOR OF MEMORIAL PARK, INC., Memorial Park of Boca Raton, Inc., Sandra Strong, as the Personal Representative of the Estate of Kathleen I. Michael, Elishka E. Michael Tarnawa Revocable Trust Under Agreement Dated August 9, 2002, Laila Taylor, Trustee, and Laila Taylor, as Personal Representative of the Estate of Elishka E. Michael Tarnawa, Appellees.

District Court of Appeal of Florida, Fourth District.

January 24, 2018.

Attorney(s) appearing for the Case

William J. Cornwell , Seth A. Kolton , and David K. Friedman of Weiss, Handler & Cornwell, P.A., Boca Raton, for appellants.

Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach; Michael A. Avenatti and Scott H. Sims of Eagan Avenatti, LLP, Newport Beach, California; and Edward M. Ricci of Edward M. Ricci, P.A., West Palm Beach, for appellees.

The buyers appeal, and the sellers cross-appeal, a final judgment awarding the sellers attorney's fees incurred during the sale of a cemetery as well as punitive damages. The issue presented for our review is whether the sellers, after choosing affirmation over rescission of a disputed contract, can be awarded attorney's fees as damages...

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