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Hutchinson v. Hutchinson

District Court of Appeal of Florida, Fourth District
Jan 29, 1997
687 So. 2d 912 (Fla. Dist. Ct. App. 1997)

Summary

recognizing that there can be "compelling circumstances" in which a trial court can determine that neither party prevailed in a contract case

Summary of this case from Kellogg & Kimsey, Inc. v. Progressive Plumbing, Inc. (In re Progressive Plumbing, Inc.)

Opinion

Case No. 95-4291

Opinion filed January 29, 1997

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Kathleen Kroll, Judge.

Terrence F. Dytrych of Terrence F. Dytrych, P.A., West Palm Beach, for appellant.

Mark A. DiAntonio and William R. H. Broome of William R. H. Broome, P.A., West Palm Beach, for appellee.


Candyce Serafin appeals a judgment for child support and alimony arrearages owed by her former husband, Richard Hutchinson. We reverse in part and remand for reconsideration of the award of attorney's fees.

The parties' property settlement agreement provides for the recovery of attorney's fees, costs, and expenses to any party forced to bring an action to enforce the terms of the agreement. Serafin claimed $40,531.92 in child support and alimony arrearages, and the husband claimed various set-offs and laches. The trial court awarded Serafin a total of $24,620.00. The court declined to award attorney's fees to Serafin, reasoning that both parties had won some issues, since the husband had substantial success in his set-off and laches affirmative defenses.

The trial court erred by failing to award attorney's fees to a prevailing party. Where a contract provides attorney's fees for a prevailing party, the trial judge is without discretion to decline to enforce the provision. Rose v. Rose, 615 So.2d 203 (Fla. 4th DCA 1993). The test for determining the prevailing party is to determine which party prevailed on significant issues tried before the court. Moritz v. Hoyt Enters., Inc., 604 So.2d 807, 810 (Fla. 1992). See also Prosperi v. Code, Inc., 626 So.2d 1360 (Fla. 1993). We recognize that deference is owed a trial court's discretion in determining who is the prevailing party. However, in a breach of contract action, one party must prevail, absent compelling circumstances. See Lucite Ctr., Inc. v. Mercede, 606 So.2d 492 (Fla. 4th DCA 1992); KCIN, Inc. v. Canpro Invs., Ltd., 675 So.2d 222 (Fla. 2d DCA 1996).

On remand, the trial court shall reconsider its findings, basing its award on who prevailed on the significant issues in the suit.

As to all other issues raised, we affirm on the authority ofApplegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla. 1979).

DELL, STONE and SHAHOOD, JJ., concur.


Summaries of

Hutchinson v. Hutchinson

District Court of Appeal of Florida, Fourth District
Jan 29, 1997
687 So. 2d 912 (Fla. Dist. Ct. App. 1997)

recognizing that there can be "compelling circumstances" in which a trial court can determine that neither party prevailed in a contract case

Summary of this case from Kellogg & Kimsey, Inc. v. Progressive Plumbing, Inc. (In re Progressive Plumbing, Inc.)

recognizing that there can be "compelling circumstances" in which a trial court can determine that neither party prevailed in a contract case

Summary of this case from Trytek v. Gale Industries

recognizing that there can be “compelling circumstances” in which a trial court determines that neither party prevailed in a breach of contract action

Summary of this case from Animal Wraps. v. Courtyard Distr.

stating that "in a breach of contract action, one party must prevail, absent compelling circumstances"

Summary of this case from Skylink Jets, Inc. v. Klukan

In Hutchinson v. Hutchinson, 687 So.2d 912 (Fla. 4th DCA 1997), the fourth district reversed a trial court's finding in a dissolution case that neither party was entitled to an award of fees based on a prevailing party provision because both parties, the trial court concluded, had won on some issues.

Summary of this case from Miller v. Jacobs Goodman

In Hutchinson, the appellate court reversed the trial court's denial of fees and noted that although the husband prevailed on certain issues, the wife recovered a substantial portion of the amount that she claimed as child support and alimony arrearages.

Summary of this case from Mott v. Mott
Case details for

Hutchinson v. Hutchinson

Case Details

Full title:CANDYCE E. HUTCHINSON, n/k/a CANDYCE E. SERAFIN, Appellant, v. RICHARD J…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 29, 1997

Citations

687 So. 2d 912 (Fla. Dist. Ct. App. 1997)

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